Agenda packet — Suisun City City Council, August 15, 2023

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Marlon L Osum, Member
Amit Pal, Member

CITY COUNCIL MEETING

A G E N D A

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND HOUSING AUTHORITY
TUESDAY, AUGUST 15, 2023
6:30 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID:
892 1785 6130
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 5 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 805)
(Next City Council Res. No. 2023 – 122)
(Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 06) (Next Housing Authority Res. No. HA2023 – 02)

ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation

CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)

1 1
City Manager Update - (Folsom: [email protected]).

2 Mayoral and Councilmember Appointments of Commissions and Committees - (Hernandez:
[email protected]).
a
.

Approval of Appointments to the Beautification Community Advisory Committee. b
.

Approval of Appointment to the Environment & Climate Advisory Committee.

3 Council/Board Member Updates.

City Council

4 Council Adoption of Ordinance No. 803: Authorizing the Levy of Special Taxes in Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) (Introduced and Reading Waived August 8, 2023) - (Vue: [email protected]).

5 Council Adoption of Ordinance No. 804:

Levying Special Tax Within the City of Suisun City
Community Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory (Introduced and Reading Waived August 8, 2023) - (Vue: [email protected]).

6 Council Review and Approve Letters of Response to Solano County Grand Jury Report titled “Solano County Emergency Dispatch Report,” and Authorize the Mayor to Sign Response Cover Letter - (Roth: [email protected]).

7 Council Adoption of Resolution No. 2023-____:

Authorizing the City Manager to Sign an
MOU with Shelter Solano to Sponsor Two Shelter Beds to House Homeless from Suisun City - (Roth: [email protected]).

Joint City Council / Suisun City Council Acting as Successor Agency

8 Council/Agency Approval of July 2023 Payroll Warrants in the Amount of $807,018.43 and Council/Agency Approval of the July 2023 Accounts Payable Warrants in the Amount of $1,710,257.78 - (Finance).

REPORTS (Informational items only.)

PRESENTATION/APPOINTMENTS
(Presentations, Awards, Proclamations, Appointments).

PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair.

Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)

COUNCIL COMMENTS

CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.

PUBLIC HEARING
NONE
2 Housing Authority

9 Housing Authority Adoption of Resolution No. HA 2023-___: Approving Revisions to the Housing Choice Voucher Administrative Plan Required by the United States Department of Housing and Urban Development - Lofthus: ([email protected]).

10 Mayoral Update - (Hernandez: [email protected]).

11 Non-Discussion Items.

GENERAL BUSINESS

REPORTS: (Informational items only)

ADJOURNMENT

Public Access To Agenda Documents
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-Council/Agendas

The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, and any items remaining will be agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.

Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you.

Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.

Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.

Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. 3 Certification Of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:

Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.

I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act. 4 AGENDA ITEM NO. 4

AGENDA TRANSMITTAL

MEETING DATE:

August 15, 2023

CITY AGENDA ITEM:

Council Adoption of Ordinance No. 803: Authorizing the Levy of Special Taxes in Community Facilities District No. 5 (Public Safety, Maintenance & Dredging) (Introduced and Reading Waived August 8, 2023).

FISCAL IMPACT:

There would be an impact to the General Fund from this item. Once the CFD is formed, the Meridian West project will begin to contribute funds towards Safety Services such as police and fire. The formation of Community Facilities District No. 5 meets the fiscal criteria as established by Resolution No. 2005-69 Cost Recovery Policy for New Development, dated October 4, 2005.

Community Facilities District No. 5 is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.

STRATEGIC PLAN:

Provide Good Governance and Ensure Public Safety.

BACKGROUND:

New developments within the City are generally annexed into Community Facilities District No. 2 (CFD No. 2); however, this project requires additional maintenance and services that are not authorized under CFD No. 2. As such, the City has received a petition from the property owner of the Meridian project to form a new CFD to pay for the services authorized in CFD 2 (police services; fire protection services; paramedical services; services for the maintenance of parks, parkways and open space [landscaping]; and services for the maintenance of storm drains), plus two maintenance items that were not authorized under CFD No. 2 (dredging maintenance and streetlight maintenance).

A Declaration of Intention to establish a new Community Facilities District (No. 5) was brought before Council and approved at the June 20, 2023, Council meeting. The next steps in the legislative process for the formation of CFD No. 5 included conducting a Public Hearing and waiving the first reading of the Ordinance at the August 8, 2023, Council meeting.

STAFF REPORT:

The final step in legislative process for the formation of CFD No. 5 involves the item coming back to Council as a Consent item to complete the adoption of the associated Ordinance.

This is the step before you tonight.

Updated timeline for the process to form the new CFD No. 5 is as follows:

Accept the petition by property owner requesting that the City form the district. (6/20/2023).

Adopt a Resolution of Intention to Establish CFD No. 5. (6/20/2023) Record the CFD boundary map with the County Recorder. (by 7/5/2023) Publish a hearing notice. (by 8/1/2023)
File a CFD Report with the City Council. (8/8/2023)
Conduct a Public Hearing. (8/8/2023)
Adopt a resolution forming CFD No. 5. (8/8/2023)
Adopt a resolution calling for a special election. (8/8/2023) Conduct the special election. (8/8/2023)
5 Adopt a resolution certifying the election results. (8/8/2023) Introduce an Ordinance ordering the tax levy. (8/8/2023) Adopt the Ordinance ordering the tax levy. (8/15/2023)
Record the Notice of Special Tax Lien with the County Recorder. (by 8/23/2023) Publish the Ordinance. (by 8/30/2023)

STAFF RECOMMENDATION:

It is recommended that the City Council Waive Second Reading and Adoption of Ordinance No. 803: Authorizing the Levy of Special Taxes in Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services) (Introduced and Reading Waived August 8, 2023).

DOCUMENTS ATTACHED:
1 .

Ordinance No. 803: Authorizing the Levy of Special Taxes in Community Facilities District No. 5 (Public Safety, Maintenance & Dredging Services).

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Ordinance No. 803 Authorizing the Levy of Special Taxes in CFD No. 5.pdf 6 1
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28 ORDINANCE NO. 803

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SUISUN

CITY, AUTHORIZING THE LEVY OF SPECIAL TAXES IN
COMMUNITY FACILITIES DISTRICT NO. 5 (PUBLIC SAFETY,

MAINTENANCE & DREDGING SERVICES)

WHEREAS, this City Council of the City of Suisun City (the “City Council”) on June 20, 2023, adopted Resolution No. 2023- 77 entitled “A Resolution of the City Council of City of Suisun City, Declaring its Intention to Esta blish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) has conducted proceedings (the “Proceedings”) to establish the City of Suisun City Community Facilities District No. 5 (Public Safety, Mainten ance & Dredging Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) provide for the costs of operating and maintaining Public Safety, Maintenance & Dredging Services and appurtenant facilities (the “Services) as provided in the Act; and
WHEREAS, the Resolution of Intention called for a public hearing to be held on August 8, 2023, and as part of the Proceedings, the City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the District to finance the Services and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and
WHEREAS, upon the conclusion of the hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of City of Suisun City, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), whereby the City Council (i) established the District, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and
WHEREAS, on August 8, 2023, a spe cial election was held among the landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and
WHEREAS, the City Council ordered the recordation with the County Recorder of the County of Solano of a Notice of Special Tax Lien (the “Notice”).

7 Ordinance No. 803
Adopted August 15, 2023

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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY as follows:

SECTION ONE: The foregoing recitals are true and correct.

SECTION TWO: By the passage of this Ordinance, the City Council hereby authorizes and levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2023/24 and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings.

SECTION THREE: The City council is hereby further authorized each year, by resolution adopted as provided in Section 53340 of the Act, to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.

SECTION FOUR: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.

SECTION FIVE: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, incl uding, but not limited to, the payment of the costs of the Services, the payment of the costs of the City of Suisun City in administering the District, and the costs of collecting and administering the Special Tax.

SECTION SIX: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, th at the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Director of Finance of the City of Suisun City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Solano in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Solano for fiscal year 2023/24 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City of Suisun City.

SECTION SEVEN: If for any reason any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any partic ular parcel within the District, by a court of competent jurisdiction, the balance of this ordinance and the application of the Special Tax to the remaining parcels within the District shall not be affected.

SECTION EIGHT: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation.

SECTION NINE: This Ordinance shall take effect 30 days from the date of final passage. * * * * * *

8 Ordinance No. 803
Adopted August 15, 2023

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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this 15th day of August 2023.

Alma Hernandez, Mayor
ATTEST:

Anita Skinner
City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

_______________________________
Aleshire & Wynder, LLP

CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex-officio Clerk of the City Council of said City, do hereby certify that the above and foregoing ordinance was introduced at a regular meeting of the said City Council held on August 8, 2023, and passed and adopted at a regular meeting of said City Council held on August 15, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Anita Skinner
City Clerk
9 THIS PAGE INTENTIONALLY LEFT BLANK
10 AGENDA ITEM NO. 5

AGENDA TRANSMITTAL

MEETING DATE:

August 15, 2023

CITY AGENDA ITEM:

Council Adoption of Ordinance No. 804: Levying Special Tax Within the City of Suisun City Community Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory (Introduced and Reading Waived August 8, 2023).

FISCAL IMPACT:

There would be an impact to the General Fund from this item. Once annexed into CFD#2, Tractor Supply Co. will begin to contribute funds towards Safety Services such as police and fire. The annexation of Tractor Supply Co. into Community Facilities District No. 2 meets the fiscal criteria as established by Resolution No. 2005-69 Cost Recovery Policy for New Development, dated October 4, 2005. Community Facilities District #2 is intended to offset Municipal Service costs, including administrative costs, thereby reducing the negative fiscal impact of new development on the City’s General Fund.

STRATEGIC PLAN:

Provide Good Governance and Ensure Public Safety.

BACKGROUND:

As part of the conditions of approval for Tractor Supply Co., the developer is required to mitigate the impact on City Services due to the new development. In accordance with the development conditions imposed on development project, the landowner is annexing to Community Facility District No. 2 to offset municipal service costs for police, fire, paramedics.

As the first step in the annexation process, the Resolution of Intention was brought before Council and approved at the June 20, 2023, Council Meeting. The second step in the legislative process for annexation of Tractor Supply Co. into Community Facility District No. 2 included conducting the Public Hearing and waiving the first reading of the Ordinance at the August 8, 2023, Council Meeting.

STAFF REPORT:

The final step in legislative process for the annexation of Tractor Supply Co. involves the item coming back to Council as a Consent item to complete the adoption of the associated Ordinance. This is the step before you tonight.

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Ordinance No. 804:

An Ordinance of the City Council of the City of Suisun City Levying Special Tax Within the City of Suisun City Community Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory (Introduced and Reading Waived August 8, 2023).

DOCUMENTS ATTACHED:
1 .

Ordinance No. 804: An Ordinance of the City Council of the City of Suisun City Levying Special Tax Within City of Suisun City Communities Facilities District No. 2 (Municipal Services), Including Certain Annexation Territory.

PREPARED BY:

Amanda Dum, Management Analyst II
REVIEWED BY:

Nouae Vue, Public Works Director
11 APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Ordinance No. 804 Levying Special Tax Within City of Suisun City CFD No. 2.pdf 12 1
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28 ORDINANCE NO. 804

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY LEVYING SPECIAL TAX WITHIN THE CITY OF SUISUN CITY COMMUNITY FACILITIES DISTRICT NO. 2 (MUNICIPAL

SERVICES), INCLUDING CERTAIN ANNEXATION TERRITORY

Annexation No. 17 (Tractor Supply Co.)

WHEREAS, the City of Suisun City (the “City”) has conducted proceedings pursuant to the Mello -Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of Suisun City Community Facilities District No. 2 (Municipal Services)” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the “Original Rate and Method”) is set forth in Exhibit A to City Council Resolution 2005-89, which was adopted on November 15, 2005 (the “Resolution of Formation”); and WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in connection therewith, approved supplements to the Original Rate and Method (as supplemented, the “Rate and Method”); and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SUISUN CITY as follows:

SECTION ONE: By the passage of this Ordinance, pursuant to the Act, the Council hereby authorizes and levies the Special Tax wit hin the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2006-07 pursuant to Ordinance No. 684, passed and adopted by the City Council on December 6, 2005, and the Special Tax is hereby levied commencing in fiscal year 2023-24 in the territory annexed to the CFD subsequent to formation of the CFD, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.

The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2006- 07 through 2023-

24. SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof, in the manner and as provided in the Rate and Method.

SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In no 13 Ordinance No 804
Adopted August 15, 2023

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event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.

SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have th e same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Solano in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Solano for fiscal year 2023-24 and for each fiscal year thereafter, as set forth above, until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to t he date hereof, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, shall not be affected.

SECTION SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.

SECTION EIGHT: This Council affirms the provisions of Ordinance No. 684 except to the extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in which case the terms of this Ordinance shall govern.

SECTION NINE: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Suisun City, County of Solano. * * * * * *
14 Ordinance No 804
Adopted August 15, 2023

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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this 15th day of August 2023.

Alma Hernandez, Mayor
ATTEST:

Anita Skinner
City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

_______________________________
Aleshire & Wynder, LLP

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

ATTEST:

Anita Skinner
City Clerk

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16 AGENDA ITEM NO. 6

AGENDA TRANSMITTAL

MEETING DATE:

August 15, 2023

CITY AGENDA ITEM:

Council Review and Approve Letters of Response to Solano County Grand Jury Report titled “Solano County Emergency Dispatch Report,” and Authorize the Mayor to Sign Response Cover Letter.

FISCAL IMPACT:

There is no fiscal impact.

STRATEGIC PLAN:

Provide Good Governance, Ensure Public Safety

BACKGROUND:

The Solano County Grand Jury issued a report on June 20, 2023, titled “Solano County Emergency Dispatch Report.” Both the Suisun City Police Chief and Fire Chief are required to submit a response by August 21st, 2023.

STAFF REPORT:

The Solano Grand Jury recently toured various public safety organizations and spoke with various staff from those organizations. During these discussions, the Jury did speak with the Suisun City Police Chief and Police Support Services Manager, as well as the Suisun City Assistant Fire Chief prior to publishing this report.

The Jury determined countywide, as written in the report, there is a major disparity within the departments relating to dispatch and emergency response times.

An excerpt of the Grand Jury Report reads:

Time is of the essence for emergency service personnel to respond to calls for help. Delays in responding to such calls can be the difference between life and death. As a result, the 2022-2023 Solano County Civil Grand Jury investigated and found there is a lapse and sometimes inappropriate delays between receipt of incoming calls and fulfillment. This greatly affects a rapid response to emergency issues. Dispatch delays increase the danger for property and lives.

A consolidation of all dispatch centers to one facility would adequately serve the residents.

City staff are requested to respond to Finding 3 in the Jury report, and each Suisun City public safety chief has provided a response to Finding 3. These responses are attached, but in summary read:

FINDING 3 – There is a general acceptance among emergency service providers in the County to the idea of a consolidated dispatch center.

Brad Lopez, Suisun City Fire Chief: The respondent agrees with finding for Fire Dispatch only.

Aaron Roth, Suisun City Police Chief: The respondent does not agree with finding for Police Dispatch.

STAFF RECOMMENDATION:

Staff recommends the City Council Review and Approve the attached Letters of Response to the Solano County Grand Jury Report titled “Solano County Emergency Dispatch Report” and Authorize the Mayor to sign the Response Cover Letter that will include the two attached respondent letters when forwarded to the 2022-2023 Solano County Grand Jury. 17 DOCUMENTS ATTACHED:

1. Grand Jury Report - "Solano County Emergency Dispatch Report"

2. Draft Grand Jury Response Letters

PREPARED BY:

Aaron Roth, Police Chief
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Grand Jury Report - Solano County Emergency Dispatch Report.pdf

2. Draft Grand Jury Response Letters.pdf
18 2022-2023

SOLANO COUNTY EMERGENCY DISPATCH REPORT

June 23,2023
19 FINAL 230623 So. Co. Emergency Dispatch - 2 -

Solano County Emergency Dispatch Report
Solano County Civil Grand Jury 2022-2023

I. S
UMMARY

Time is of the essence for emergency service personnel to respond to calls for help. Delays in responding to such calls can be the difference between life and death. As a result, the 2022-2023 Solano County Civil Grand Jury (Jury) investigated and found there is a lapse and sometimes inappropriate delays between receipt of incoming calls and fulfillment. This greatly affects a rapid response to emergency issues. Dispatch delays increase the danger for property and lives.

This jury toured and interviewed various public safety entities and their employees, to include sworn officers, fire fighters and other staff. The Jury determined that there is a major disparity within the departments relating to dispatch and emergency response times.

A consolidation of all dispatch centers to one facility would adequately serve the residents.

II. I

NTRODUCTION

Solano County was formed in 1850 and served seven jurisdictions. Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, and Vallejo as well as unincorporated areas. As jurisdictions voted to become cities the primary responsibility to provide safety for residents fell onto the lap of the cities, themselves. Some Cities took charge immediately on incorporation while some took a “wait and see” attitude. All seven became cities by 1903.

There are seven cities and one Sheriff’s department in Solano County, most with their own communications or dispatch systems.

III. M

ETHODOLOGY

Interviewed/toured:

County Department of Information Technology
Dispatch Centers
Fire Departments
Police Departments
Sheriff’s Department including the Office of Emergency Services (OES)

Articles:
www.fire.ca.gov
- The Department of Forestry and Fire Protection
www.Gilroydispatch.com – CDF Changes Name to CAL FIRE, dated January 31, 2007

IV. S

TATEMENT OF FACTS

20 FINAL 230623 So. Co. Emergency Dispatch - 3 -

During interviews with staff, the Jury discovered a general acceptance to the idea of a consolidated dispatch center for Solano County.

Dispatch centers in Solano County operate on three different radio systems. The cities of Benicia and Vallejo are part of the East Bay Regional Communications System Authority (EBRCSA).

Fairfield, Vacaville and Suisun City operate on the Solano County Regional Communications System (SCRCS) and the Sheriff Department, Rio Vista and Dixon operate on an analog UHF/VHF system. EBRCSA and SCRCS utilize the P25 platform which is the digital standard for radio communications with the ability to transmit and receive both voice and data. The Sheriff Department has the capability to communicate with either the EBRCSA or the SCRCS.

SOLANO COUNTY RADIO COUNT BY ENTITY
Radios Radio System(s)
Solano County 1,458 33.8% VHF/UHF Fairfield 798 18.5% P25 (SCRRCS)
Vacaville 680 15.8% P25 (SCRRCS)
Vallejo 530 12.3% P25 (EBRCS)
Benicia 201 4.7% P25 (EBRCS)
Suisun City 180 4.2% P25 (SCRRCS)
Dixon Police 58 1.3% P25 (SCRRCS)
Rio Vista 36 0.8% VHF
Fire Protection Districts
Suisun FPD 93 2.2% VHF
Montezuma FPD 84 1.9% VHF
Vacaville FPD 72 1.7% VHF
Cordelia FPD 62 1.4% VHF
Dixon Fire 59 1.3% VHF

Total 4,311

Emergency communications in the County are transmitted and received by strategically placed antennae towers. Communications throughout the county are fractured due to the topography and radio systems separating Benicia and Vallejo from the rest of the county.

The County has developed a proposal with the Motorola Corporation to provide antennae towers to bridge the communication gap. As of the time of this investigation funding has yet to be identified and the land to erect the towers has not been acquired.

All dispatchers in Solano County are cross-trained to serve both the fire and law enforcement departments.

As of 2022: the following details the fire and police departments in each jurisdiction and their dispatch:

21 FINAL 230623 So. Co. Emergency Dispatch - 4 -

A. BENICIA
• Population 26,819 (5.9% of Solano County)
• Fire and Police Departments and dispatch center
• The Dispatch Center staff: 11
• 2017 through 2022 dispatch center calls:
o 311,882 non-emergency
o 36,513 emergency (911)
o 317 texts (911)
o Average processing time of the 911 call until fire/police dispatch: 86 seconds

B. DIXON
• Population 18,974 (4.2% of Solano County)
• Fire Department
• Law enforcement is performed by the County Sheriff / OES provides dispatch services

C. FAIRFIELD
• Population 119,705 (26.5% of Solano County)
• Fire and Police Departments and dispatch facility
• Dispatch Center staff: 13 full time dispatchers, including four dispatch supervisors and three part time dispatchers.
• 2017 through 2022 dispatch center calls:
o 282,195 emergency (911)
o Average processing time from receipt of the 911 call until fire/police dispatched:
61 seconds

D. RIO VISTA
• Population 10,533 (2.3% of Solano County)
• Fire Department
• Law enforcement is performed by the County Sheriff / OES provides dispatch services

E. SUISUN CITY
• Population 29,165 (6.5% of Solano County)
• Fire and Police Departments and dispatch center
• 2017 through 2022 dispatch center calls:
o 63,312 emergency (911)
• Dispatch center staff: 10 full time positions
• The average processing from receipt of 911 call to dispatch of fire/police: 92 seconds

F. VALLEJO
• Population 124,886 (27.6% of Solano County)
• Fire and Police Departments and dispatch center
• Dispatch center staff: 11 dispatchers including four supervisors

22 FINAL 230623 So. Co. Emergency Dispatch - 5 -

• 2017 through 2022 dispatch center calls:
o 584,613 emergency (911)
• Average processing time from 911 call until:

1. Fire dispatch: 7.06 minutes

2. Police Dispatch 84.26 minutes

G. VACAVILLE
• Population 103,078 (22.8% of Solano County)
• Fire and Police Departments and dispatch center
• Dispatch center staff: 19 dispatchers and four supervisors. • 2017 through 2022 the dispatch center calls:
o 153,299 emergency (911)
o Average processing time from receipt of 911 call to dispatch of police/fire dispatched: 24.15 seconds

H. UNINCORPORATED AREAS (Including Elmira and Birds Landing) • Population 18,556 (4.1% of Solano County)
• Responsibility for responding to unincorporated areas and those residences lies with three agencies, Solano County Sheriff’s Department, Montezuma Fire District and the Vacaville Fire Protection District.
• Average processing time from the receipt of the 911 call to dispatch of fire/sheriff: 62 seconds

V. F

INDINGS AND RECOMMENDATIONS

F
INDING 1 – Emergency service communication is fractured throughout Solano County and puts the Solano County residents and residences at risk.

RECOMMENDATION 1 – The County should install a uniform and consistent communications system that connects all emergency services.

FINDING 2 – The Vallejo Dispatch Center reported 911 call processing times for Fire and Police far longer than every other agency in the County.

Recommendation 2 – Identify and correct issues to bring average call processing times in line with other County dispatch centers.

F
INDING 3 – There is a general acceptance among emergency service providers in the County to the idea of a consolidated dispatch center.

Recommendation 3 – Solano County Board of Supervisors should approve and begin the implementation of a consolidated dispatch center
23 FINAL 230623 So. Co. Emergency Dispatch - 6 -

EQUIRED RESPONSES

Cities of
• Benicia Police and Fire Departments Finding 3
• Dixon Fire Department Finding 3
• Fairfield Police and Fire Departments Finding 3
• Rio Vista Fire Department Finding 3
• Suisun City Police and Fire Departments Finding 3
• Vacaville Police and Fire Departments Finding 3
• Vallejo City Manager Findings 2 and 3
• Vallejo Police and Fire Departments Finding 3
Solano County Board of Supervisors – Finding 1 and 3
Solano County Sheriff Finding 3

OURTESY COPIES
Benicia City Manager
Dixon City Manager
Fairfield City Manager
Rio Vista City Manager
Suisun City, City Manager
Vacaville City Manager
Vallejo City Manager
24 DEPARTMENTS: AREA CODE (707)
ADMINISTRATION 421 - 7300 ◼ DEVELOPMENT SERVICES 4 2 1- 7 3 3 5 ◼ BUILDING 421 - 7 3 1 0 ◼ FINANCE 421 - 7320 FIRE 4 2 5- 9 1 3 3 ◼ RECREATION & COMMUNITY SERVICES 421 - 7200 ◼ POLICE 421 - 7373 ◼ PUBLIC WORKS 421 - 7340 SUCCESSOR AGENCY 421 - 7309 FAX 421 - 7366

CITY OF SUISUN CITY
701 Civic Center Blvd.

Suisun City, California 94585
Incorporated October 9, 1868

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro-Tem
Jenalee Dawson
Marlon L. Osum
Amit Pal

CITY COUNCIL MEETING
First and Third Tuesday
Every Month

August 15, 2023
Carl DuBois
Foreperson
2022-2023 Solano County Grand Jury
600 Union Avenue
Fairfield, CA 94533
Re: Grand Jury Report from the Solano County Grand Jury for 2022-2023 titled:

Solano County Emergency Dispatch Report
Dear Foreperson DuBois,
The City of Suisun City wishes to thank the members of the Solano County Grand Jury for their report and bringing this to our attention. Staff members have reviewed the recommendations that require a response, and they submitted their response to the City Council for approval. Please refer to the attached response letters from Fire Chief Brad Lopez and Police Chief Aaron Roth.

Best Regards,
Alma Hernandez,
Mayor
Cc: City Council
25 City of Suisun City Fire Department
Fire Chief Brad Lopez
621 Pintail Dr. ● Suisun City, CA 94585

Telephone: (707) 421-7205 – Fax: (707) 421-7389

August 3
rd, 2023

Solano County Civil Grand Jury
Attn: Carl W. DuBois, Foreperson
Hall of Justice
600 Union Avenue
Fairfield, California 94533

RE: Grand Jury Report from the Solano County Grand Jury for 2022-2023 titled:

Solano
County Emergency Dispatch Report

RESPONSE TO FINDINGS AND RECOMMENDATIONS:

FINDING 3 –
There is a general acceptance among emergency service providers in the County to the idea of a consolidated dispatch center.

Respondent agrees with a consolidated fire dispatch communications center.

Suisun City has one dispatch center for its police and fire services. Both agencies incur a significant call volume which puts stress on our Suisun City Public Safety Dispatchers (PSD’s); it is not uncommon to have only one dispatcher handling both law enforcement and fire radio communications.

As noted by the Chief of Police, Aaron Roth, in his response letter to the Grand Jury Report, the PSD’s are responsible for more than dispatching. They also answer the police department’s main business and records telephone lines, and they consolidate and compile police reports and other records, which are disseminated county-wide for various purposes, including prosecution and discovery preparation. The PSD’s also staff the business counter of the Police Department and often monitor the city’s various surveillance cameras when a crime is in progress. Additionally, the PSD’s will coordinate with the city’s public works department and water department during off hours to ensure the community is receiving the correct services.

The transition to a county-wide fire dispatch communication system is vital to the fire and emergency medical services of Solano County and is supported by the Suisun City Fire Chief. Having six separate fire communication centers presents significant life safety concerns to responders and the citizens of Solano County.

26 City of Suisun City Fire Department
Fire Chief Brad Lopez
621 Pintail Dr. ● Suisun City, CA 94585

Telephone: (707) 421-7205 – Fax: (707) 421-7389

Major wildland fires have impacted the Solano County region over the past few decades, where communications have always been at the forefront of recognized challenges in this County. The most recent was the LNU Lightning Complex Fire in 2020, which burned over 363,220 acres, destroyed 1,491 structures, and killed six people. Previous investigations and post-incident analysis have highlighted several concerns, most notably significant delays in the ordering and deploying critically needed resources. The delays were attributed to the challenges of having multiple fire communication and dispatch centers in Solano County.

Moreover, Solano County Emergency Medical Services Agency recently required all communication centers to implement Emergency Medical Dispatching (EMD) services by October 2021. EMD services require dispatchers to be trained, allowing them to provide EMD instructions over a 911 call for medical emergencies. Due to limited staffing levels, Suisun City Dispatch is currently unable to provide EMD services. Having a common communications center with adequate staffing would support EMD services throughout Solano County.

As the Fire Chief of the Suisun City Fire Department, the need for us to collectively plan and act toward a consolidated fire communications model should be taken seriously and considered a high priority.

If you have any further questions, please feel free to contact me directly.

Respectfully,

Brad L. Lopez, Fire Chief

CC: Greg Folsom, City Manager
CC: Aaron Roth, Chief of Police

###
27 CITY OF SUISUN

POLICE DEPARTMENT
701 Civic Center Blvd.

Suisun City, CA 94585
Aaron Roth
Chief of Police
DIVISIONS: AREA CODE (707)
DISPATCH / RECORDS 421-7373 ◼ ADMINISTRATION 421-7350 ◼ PARKING ENFORCEMENT 421-3223 FAX 422-8074

August 2, 2023
2022 – 2023 Solano County Grand Jury

Carl DuBois, Foreperson
Solano County Grand Jury
California Superior Court
Office: 707-435-2575
Fax: 707-435-2566
RE: Written Response to Grand Jury Report
Dear Mr. DuBois,

I am in receipt of the Grand Jury Report from the 2022 – 2023 Solano County Grand Jury titled: Solano County Emergency Dispatch Report

I have attached a written response to this report as required.

If you need anything further from me, please call me at (707)421-7383 or email me at [email protected].

Sincerely,

Aaron Roth
Chief of Police

28 City of Suisun City Police Department
701 Civic Center Blvd ◼ Suisun City, CA 94585

Suisun City Police Department (SCPD) Response to the 2022 – 2023 Solano County Grand Jury report titled: Solano County Emergency Dispatch Report

RESPONSE TO FINDINGS AND RECOMMENDATIONS:

FINDING 3 – There is a general acceptance among emergency service providers in the County to the idea of a consolidated dispatch center.

Respondent does not agree with finding.

The City of Suisun City has one dispatch center for their police and fire services. While there may be some acceptance to the idea consolidating dispatch services for Fire would be agreeable, the idea of consolidating dispatch services county-wide for law enforcement is not recommended by Suisun City’s Police Chief.

Currently, Suisun City Public Safety Dispatchers (PSD’s) are tasked with a multitude of duties that are beyond that of just dispatching. The PSD’s answer the police department’s main business and records telephone lines, and they consolidate and compile police reports and other records that are disseminated county-wide for various purposes including prosecution and discovery preparation. The PSD’s also staff the business counter of the Police Department and often monitor the city’s various surveillance cameras when a crime is in progress. Additionally, the PSD’s will coordinate with the city’s public works department and water department during off hours to ensure the community is receiving the correct services.

A transition to county-wide dispatch services for law enforcement would cause the city to divert funding to the County for police dispatch services, while also needing to retain several staff members that are currently housed in the dispatch division. These staff members would be needed to continue conducting records related duties, staffing the front counter of the Police Department, and be the “business face” of the police department. This would likely cause an undue financial strain on the City of Suisun City.

With regard to a county-wide dispatch center, providing consolidated services solely for fire agencies in the county might be more practical. Due to the procedures already in place, certain alarm level responses by the municipal fire departments will trigger an automatic turnover of dispatch services to Solano County after that alarm level has been reached. These types of protocols do not exist on the Law side of dispatching.

It is also arguable the Suisun City Community has certain expectations of their police department during both emergencies and non-emergencies or incidents that are specific to our community. Moving to a county-wide model for law enforcement dispatch services removes the local control by the Suisun City Police Department to ensure that our community’s priorities are being met. National incidents over the past several years 29 City of Suisun City Police Department
701 Civic Center Blvd ◼ Suisun City, CA 94585

have placed a focus on the expectations our community has when contacting its police department. A consolidated dispatch center for Suisun City would likely cause community concern if their needs and priorities are not being acknowledged by a dispatcher who has no connection to, or familiarity with, the community.

30 AGENDA ITEM NO. 7

AGENDA TRANSMITTAL

MEETING DATE:

August 15, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-____: Authorizing the City Manager to Sign an MOU with Shelter Solano to Sponsor Two Shelter Beds to House Homeless from Suisun City.

FISCAL IMPACT:

The cost for sponsoring two shelter beds for 12 months is $68,400.00. Sufficient funding is available in the FY 2023-24 Adopted Budget under the American Rescue Plan Act (ARPA) fund account number 167-6017-91435.

STRATEGIC PLAN:

Provide Good Governance, Section 4.7 – Improve productivity, efficiency, effectiveness, customer service and citizen satisfaction in all areas of municipal organization.

BACKGROUND:

Suisun City has previously sponsored two shelter beds with Shelter Solano to ensure city staff can connect homeless individuals in Suisun City with shelter services. Sponsoring shelter beds also assists with staff’s ability to conduct encampment clean ups within the guidelines of the Martin v.

Boise, Ninth Circuit Court decision.

Shelter Solano provides “wrap around” services with the goal of assisting homeless individuals in becoming self-sufficient. Suisun City has been sponsoring two shelter beds at Shelter Solano since February of 2021. Since July 1 of 2022, six separate placements of homeless individuals into the shelter have occurred. Two of these individuals were long term placements in the shelter. Both individuals were working on being self-sufficient, with one individual arranging housing with their family in Texas upon leaving the shelter.

In total, six homeless individuals were able to spend approximately 114 days collectively receiving shelter services during the FY 22-23 budget year. Additionally, city staff were able to request some of our homeless to remove their encampments approximately 251 separate times after they refused shelter services during that same timeframe. This ability to offer shelter services is essential in our ability to continue conducting cleanups of homeless encampments that create refuse and other unsafe conditions in our public areas.

STAFF REPORT:

The City currently has funding in its FY 23-24 budget to continue sponsoring shelter beds. Shelter Solano is offering to enter into a new MOU with the City, charging the same amount for shelter beds as they did in 2021. Continuing a partnership with Shelter Solano will allow city staff to provide assistance to our homeless population. Continuing this partnership will also allow city staff to periodically abate illegal homeless encampments that are causing a buildup of trash in public places and polluting our waterways near the locations of some encampments.

Should the city terminate the partnership with Shelter Solano, city staff will no longer be able to proactively clear illegal encampments, as Shelter Solano is the only shelter in the area that offers services that are not faith based. The Martin v. Boise decision states that available shelter services should not be specific to any religious beliefs and that if a shelter is of a religious background, homeless individuals cannot be forced to decide between being arrested for illegally camping or entering a faith- 31 based shelter.

Additionally, Shelter Solano is located on Beck Avenue in the City of Fairfield within close proximity for city staff assisting with transporting homeless individuals. Sponsored beds will be exclusively used by Suisun City homeless individuals identified by Suisun City staff conducting outreach or clearing encampments.

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- ___: Authorizing the City Manager to Sign an MOU with Shelter Solano to Sponsor Two Shelter Beds to House Homeless from Suisun City

DOCUMENTS ATTACHED:

1 .

Resolution No. 2023-____: Authorizing the City Manager to Sign an MOU with Shelter Solano to Sponsor Two Shelter Beds to House Homeless from Suisun City 2 .

MOU Between Suisun City Police Department and Shelter Solano, Inc.

PREPARED BY:

Aaron Roth, Police Chief
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Authorizing the City Manager to Sign an MOU with Shelter Solano to Sponsor Two Shelter Beds.pdf

2. MOU Between Suisun City Police Dept. and Shelter Solano, Inc..pdf 32 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE CITY MANAGER TO SIGN AN MOU WITH SHELTER

SOLANO TO SPONSOR TWO SHELTER BEDS TO HOUSE HOMELESS FROM

SUISUN CITY

WHEREAS, the City of Suisun City has previously sponsored two shelter beds with Shelter Solano to ensure city staff can connect homeless individuals in Suisun City with shelter services; and

WHEREAS, Sponsoring shelter beds also assists with city staff’s ability to conduct encampment clean ups wi thin t he guidelines of the Martin v Boise, Ninth Circuit Court decision; and

WHEREAS, Shelter Solano offers wrap around services that not only house the homeless, but also assists homeless individuals with becoming self-sufficient; and

WHEREAS, Shelter Solano is offering to provide two shelter beds for homeless individuals in Suisun City accessible only through intake by city staff; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of th e City of Suisun City hereby authorizes the City Manger t o sign an MOU with Shelter Solano to provide two shelter beds for the 23-24 fiscal year.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 15th day of August 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 15
th day of August 2023.

Anita Skinner,
City Clerk
33 MEMORANDUM OF UNDERSTANDING
07/24/2023 1/6
Suisun City Police Department (hereinafter "SCPD") and SHELTER Solano, Inc. (hereinafter "CONTRACTOR") hereby enter into this MOU for the provision of CONTRACTOR providing shelter care for the participants referred by SCPD.

DEFINITIONS
In this MOU, the following words and expression shall have the meanings hereby assigned to them except where the context otherwise requires:

Agreement shall mean this MOU, including Exhibits and fully executed amendments hereto.

Scope of Work shall mean a list and description of the services to be performed, including all responsibilities of the CONTRACTOR and any policies and procedures to be followed during the course of the Work, fees/rates/payment schedules of described Work, as listed in Exhibit A.

Change Order shall mean an order, issued pursuant to Item 2 of this agreement, for changes in the scope, nature, quantity, timing, and/or price of the Work.

Work Order shall mean an order, issued pursuant to Item 2, where SCPD requests CONTRACTOR to supply or perform services and Contactor agrees to perform such services as listed within the Scope of Work as listed in Exhibit A.

RESPONSIBILITIES OF THE PARTIES
Parties understand that each should be able to fulfill its responsibilities under this Memorandum of Understanding (MOU) in accordance with the provisions of law and regulation that govern their individual activities. Nothing in this MOU is intended to negate or otherwise render ineffective any such provisions or operating procedures.

If at any time any parties are unable to perform their functions under this MOU consistent with such parties statutory and regulatory mandates, the affected parties shall immediately provide written notice to the others seeking a mutually agreed upon resolution.

34 MEMORANDUM OF UNDERSTANDING
07/24/2023 2/6

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter stated, the Parties agree as follows:

1. SERVICES

1.1 During the term of this agreement, the CONTRACTOR shall furnish the services set forth in Exhibit A, Scope of Work, attached hereto and included by this reference. CONTRACTOR will provide the services as an independent contractor and not as an employee of SCPD.

2. WORK ORDERS, CHANGE ORDERS

2.1 If at any time during the term of this Agreement, SCPD through one or more written work orders, delivery tickets, or other instruments, requests CONTRACTOR to supply or perform services, and
CONTRACTOR agrees to perform those services, each such request regardless of form shall be deemed a “Work Order” governed by and subject to the terms and conditions of this agreement. Agreements or stipulations on any Work Order that are contrary to any term of this agreement shall be void, unless CONTRACTOR and SCPD have expressly agreed in writing that such agreement or stipulation shall supersede the terms of this agreement.

2.2 In the event that SCPD requests CONTRACTOR to perform services that are outside the scope of work as listed in Exhibit A, such services and a compensation schedule therefore must be mutually agreed upon by both parties in a written “Change Order” prior to the provision of said services. The Change Order constitutes an amendment to the applicable Work Order, and the services set forth therein shall be deemed to be part of such Work Order.

3. LABOR, EQUIPMENT, MATERIALS, SUPPLIES, AND SERVICES

3.1 Upon receipt of a mutually agreeable Work Order, CONTRACTOR shall begin furnishing the services according to the specifications and requirements of this agreement and the Work Order.

3.2 All services rendered by CONTRACTOR hereunder shall be performed in accordance with industry standards as applicable to the region or area where the work is to be performed. All materials and equipment furnished by CONTRACTOR in the performance of services hereunder shall be free from material defects. Any of the materials, equipment, or services found to be materially defective shall be at CONTRACTOR’s 35 MEMORANDUM OF UNDERSTANDING
07/24/2023 3/6
sole discretion, either removed, replaced or corrected by CONTRACTOR without additional cost to SCPD.

3.3 CONTRACTOR shall maintain its equipment in operating condition at all times and shall use commercially reasonable means to control and prevent fires and blowouts, protect the hole, and prevent damage to PHC’s equipment.

4. INDEPENDENT CONTRACTOR

4.1 During the term of this agreement, the CONTRACTOR shall furnish the services set forth in Exhibit A. CONTRACTOR also agrees that he/she is not and will not become an employee, agent or principal of SCPD while this agreement is in effect. CONTRACTOR agrees that they are not entitled to the rights or benefits afforded to SCPD employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at their own expense, disability, unemployment and other insurance, workers' compensation, training, permits and licenses.

5. INDEMNIFICATION and INSURANCE

5.1 CONTRACTOR agrees to hold harmless and indemnify SCPD for any and all claims arising out of any injury, disability or death.

5.2 The term of this agreement shall extend from month to month.

6. DURATION and COMPENSATION

6.1 SCPD will pay CONTRACTOR a total of $5,700 per month for access to two beds. Additional beds are available for $2,850.00 per month, per bed, as requested and referred to CONTRACTOR.

6.2 CONTRACTOR retains the right to accept or refuse referral based on eligibility and gender bed availability.

6.3 Payment for services rendered shall be made by SCPD upon submission by CONTRACTOR invoices. The invoices will bed allotment agreed to by contract.

7. CONFIDENTIALITY

7.1 CONTRACTOR shall not use for personal gain and shall preserve as confidential all privileged information acquired from SCPD in the performance of this Agreement. The term "privileged information" shall include without limitation unpublished information and data 36 MEMORANDUM OF UNDERSTANDING
07/24/2023 4/6
related to operations of SCPD, any and all beneficiary information and plans, methods, processes, internal specifications and reports The parties have executed this Memorandum of Understanding on the date first written above.

SHELTER Solano, Inc.

_______________________________
Signature
___John Eckstrom________________
Printed Name
___C hief Executive Officer __________
Title
_______________________________
Date

PO Box 5368 ______
Concord, CA 94524_______________
Address

City of Suisun City

_______________________________
Signature
_______________________________
Printed Name
_______________________________
Title
_______________________________
Date

______________________________
______________________________
Address

37 MEMORANDUM OF UNDERSTANDING
07/24/2023 5/6
Exhibit A — Scope of Work
Facilities:

SHELTER Solano, Inc. will provide shelter care to SCPD clients for persons experiencing homelessness. SHELTER Solano, Inc. shall ensure that the facility provides safe accommodations, 24/7 on site non-medical supervision, and case management services that meet the minimum requirements set by the State of California Health and Safety Code for Emergency Housing and Assistance Programs.

Services Provided by SHELTER Solano, Inc.:

SHELTER Solano, Inc. shall provide the following services to SCPD referrals:
• Enrollment in the county’s Homeless Management Information System (HMIS) for all NHBC members.
• Safe and secure housing
• Limited Secured storage for personal belongings and medications • Three (3) meals a day that meet basic nutrition standards • At least one wellness check every 24 hours
• Individualized service plan and focused case management services to promote overall well-being.
• Assistance in planning and implementing goals pertaining to health, wellness and permanent housing.
• Onsite life skills classes including, Money Management, Conflict Resolution, Parenting, and Employment Skills Facilitation of member’s access to available public benefits (e.g. Veteran’s, SNAP and medical)
• Employment and education services
• Referrals to legal aid to assist in resolving barriers to housing and employment
• Referrals to partnering social services agencies (e.g., alcohol and substance abuse treatment, housing)

C
ollaboration with Suisun City Police Department and its Contracted Providers:

SHELTER Solano, Inc. shall accept referrals of SCPD upon approval of designated SCPD staff.
38 MEMORANDUM OF UNDERSTANDING
07/24/2023 6/6
SHELTER Solano, Inc. shall collaborate with SCPD staff to gather necessary information on the homeless individual, including confidentiality releases for the sharing of information and information to determine eligibility.

All referrals to SHELTER Solano, Inc. must include information to determine eligibility of the participant. This ensures a successful experience for SCPD and for the individual being referred. Failure to do so may result in a denial of services based on being un-eligible to stay within the facility.

Rate Structure:

Suisun City Police Department shall pay SHELTER Solano, Inc. $5,700.00 per month, for two beds directly referred to CONTRACTOR. CONTRACTOR will retain the right to accept or decline referral, depending upon eligibility and gender availability of beds. SCPD shall have 30 days from the date of the invoice to pay the amount due thereon, or notify CONTRACTOR in writing of a bona fide dispute asserted in good faith as to one or more of the invoice items.

Term:

The term for this contract is July 1, 2023 – June 30, 2024.

39 THIS PAGE INTENTIONALLY LEFT BLANK
40 AGENDA ITEM NO. 9

AGENDA TRANSMITTAL

MEETING DATE:

August 15, 2023

CITY AGENDA ITEM:

Housing Authority Adoption of Resolution No. HA 2023-___: Approving Revisions to the Housing Choice Voucher Administrative Plan Required by the United States Department of Housing and Urban Development.

FISCAL IMPACT:

None.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

The U.S. Department of Housing and Urban Development (HUD) provides guidance on the way the federally-funded Housing Choice Voucher Program must be administered in the form of federal regulations. Some of these regulations allow Public Housing Agencies (PHA) to establish their own policies in order to better work within local market conditions. Where PHAs have this flexibility, such as project-based vouchers, HUD requires them to maintain an Administrative Plan that details how these policies will be addressed.

STAFF REPORT:

Project-based vouchers (PBVs) are an optional component of a PHA’s Housing Choice Voucher (HCV) program. PHAs are not allocated additional funding for PBV units; the PHA uses its funds already obligated by HUD under its Annual Contributions Contract (ACC) for PBVs.

Tenant-based assistance provides a subsidy to an individual or family at residence of their choice, project-based assistance ties the subsidy to a contracted unit. If an individual or family vacates a project-based unit, the next eligible family selected for the unit receives the housing subsidy.

Suisun City Housing Authority has not previously approved project-based vouchers at multi-unit projects. Suisun City Housing Authority is currently utilizing 63 percent of the ACC. The limit on the number of ACC units that can be project-based is 20 percent, though a PHA may project-base an additional 10 percent for certain projects which assist vulnerable populations identified by HUD.

Requesting HUD to project-base the maximum allowable ACC units will increase the Program’s utilization success rate and will assist more low-income families and other vulnerable populations. In order to comply with HUD requirements to utilize PBVs, staff has prepared the necessary revisions of the Administrative Plan for the Project-Based Voucher Program. Chapter 17 for the Project-Based Voucher Program is a new addition to the Revisions to the Housing Choice Voucher Administrative Plan and will be provided in the Clean version of Attachment 3.

STAFF RECOMMENDATION:

It is recommended that the Authority adopt Resolution No. HA 2023-___: Approving Revisions to the Housing Choice Voucher Administrative Plan Required by the U.S. Department of Housing and Urban Development.

DOCUMENTS ATTACHED:
1 .

Resolution No. HA 2023-___: Approving Revisions to the Housing Choice Voucher Administrative Plan Required by the U.S. Department of Housing and Urban Development. 2 .

Revisions to Administrative Plan -
Chapter 4: Applications, Waiting List and Tenant
41 Selection
,
Project-Based Voucher Program -
Redline Version
3 .

Revisions to Administrative Plan -
Chapter 4: Applications, Waiting List and Tenant
Selection,
and addition of
Chapter 17: Project-Based Voucher Program
- Clean Version
4 .

PowerPoint Presentation

PREPARED BY:

Jason Goltiao, Housing Programs Manager
REVIEWED BY:

Kris Lofthus, Deputy City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution HA Approving Revisions to the Housing Choice Voucher Admin. Plan.pdf

2. Revisions to Administrative Plan - Chapter 4 - Redline.pdf

3. Revisions to Administrative Plan - Chapter 4 and addition of Chapter 17 - Clean.pdf

4. PowerPoint Presentation.pdf
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28 RESOLUTION NO. HA 2023 -

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SUISUN

CITY APPROVING REVISIONS TO THE HOUSING CHOICE VOUCHER

ADMINISTRATIVE PLAN REQUIRED BY THE UNITED STATES DEPARTMENT

OF HOUSING AND URBAN DEVELOPMENT

WHEREAS, the U.S. D epartment of Housing and Urban Development (HUD) requires that the Housing Authority of the City of Suisun City adopt and maintain an Administrative Plan for its Housing Choice Voucher (HCV) Program; and

WHEREAS, said Administrative Plan is to establish p olicies for working within local rental markets; and

WHEREAS, the Housing Authority is planning efforts to reduce homelessness and increase voucher utilization by allocating Project-Based Vouchers under the HCV Program to multifamily housing units which ensures more long-term affordable housing; and

WHEREAS, said revisions to the Administrative Plan provide guidance on the Project-Based Voucher Program which incl udes the Request for Pro posal process and maintenance of a separate voucher waiting list; and

WHEREAS, the proposed changes to the Administrative Plan do not affect current practices related to services provided to HCV Program participants.

NOW, THEREFORE, BE IT RESOLVED that the Housing Authority hereby approves the Administrative Plan Project-Based Voucher revisions as shown in Exhibit A and authorizes the Executive Director, or his designee, to submit the Administrative Plan to HUD.

PASSED AND ADOPTED at a Regular Meeting of the Housing Authority of Suisun City, duly held on Tuesday, August 15, 2023, by the following vote:

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTAIN: Commissioners:

WITNESS my hand and seal of said Housing Authority this 15 th day of August 2023.

_________________________________
Anita Skinner,
City Clerk

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Chapter 4

APPLICATIONS, WAITING LIST AND TENANT SELECTION

INTRODUCTION
When a family wishes to receive Section 8 HCV assistance, the family must submit an application that provides the PHA with the information needed to determine the family’s eligibility. HUD requires the PHA to place all families that apply for assistance on a waiting list.

When HCV assistance becomes available, the PHA must select families from the waiting list in accordance with HUD requirements and PHA policies as stated in the administrative plan and the annual plan.

The PHA is required to adopt a clear approach to accepting applications, placing families on the waiting list, selecting families from the waiting list and must follow this approach consistently.

The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the PHA to receive preferential treatment.

Funding earmarked exclusively for families with particular characteristics may also alter the order in which families are served.

HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that the PHA affirmatively further fair housing goals in the administration of the program [24 CFR 982.53, HCV GB p. 4-1]. Adherence to the selection policies described in this chapter ensures that the PHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2.

This chapter describes HUD and PHA policies for taking applications, managing the waiting list and selecting families for HCV assistance. The policies outlined in this chapter are organized into three sections, as follows:

Part I: The Application Process. This part provides an overview of the application process, and discusses how applicants can obtain and submit applications. It also specifies how the PHA will handle the applications it receives.

Part II: Managing the Waiting List. This part presents the policies that govern how the PHA’s waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process the PHA will use to keep the waiting list current.

Part III: Selection for HCV Assistance. This part describes the policies that guide the PHA in selecting families for HCV assistance as such assistance becomes available. It also specifies how in-person interviews will be used to ensure that the PHA has the information needed to make a final eligibility determination. 44 Admin Plan 2006
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PART I: THE APPLICATION PROCESS
4-I.A. OVERVIEW
This part describes the policies that guide the PHA’s efforts to distribute and accept applications, and to make preliminary determinations of applicant family eligibility that affect placement of the family on the waiting list. This part also describes the PHA’s obligation to ensure the accessibility of the application process to elderly persons, people with disabilities, and people with limited English proficiency (LEP).
4-I.B. APPLYING FOR ASSISTANCE [HCV GB, pp. 4-11 – 4-16] Any family that wishes to receive HCV assistance must apply for admission to the program.

HUD permits the PHA to determine the format and content of HCV applications, as well as how such applications will be made available to interested families and how the PHA will accept applications.

PHA Policy
A two-step process will be used to process applications. Under the two-step application process, the PHA initially will require families to provide only the information needed to make an initial assessment of the family’s eligibility, and to determine the family’s placement on the waiting list. The family will be required to provide all of the information necessary to establish family eligibility and level of assistance when the family is selected from the waiting list.

Families may obtain application forms from the PHA’s office every Monday (except holidays) between 1:00 PM – 4:00 PM.

Completed applications must be returned within fourteen (14) calendar days to the PHA by mail or submitted in person during normal business hours. Applications must be complete in order to be accepted by the PHA for processing. If an application is incomplete, the PHA will notify the family of the additional information required. 4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS
Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 – 4-13] The PHA must take a variety of steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard PHA application process.

This could include people with disabilities, certain elderly individuals, as well as persons with limited English proficiency (LEP). The PHA must provide reasonable accommodation to the needs of individuals with disabilities. The application-taking facility and the application process must be fully accessible, or the PHA must provide an alternate approach that provides full access to the application process. Chapter 2 provides a full discussion of the PHA’s policies related to providing reasonable accommodations for people with disabilities.

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discussion on the PHA’s policies related to ensuring access to people with limited English proficiency (LEP).
4-I.D. PLACEMENT ON THE WAITING LIST
The PHA must review each complete application received and make a preliminary assessment of the family’s eligibility. The PHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible, the PHA must notify the family in writing [24 CFR 982.201(f)].

No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)].

Ineligible for Placement on the Waiting List
PHA Policy
If the PHA can determine from the information provided that a family is ineligible, the family will not be placed on the waiting list. Where a family is determined to be ineligible, the PHA will send written notification of the ineligibility determination within 14 calendar days of receiving a complete application. The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review and explain the process for doing so (see Chapter 16). If the information on the application determines the applicant ineligible, the family must wait six months to re-apply.

Eligible for Placement on the Waiting List
PHA Policy
The PHA will send written notification of the preliminary eligibility determination within 14 calendar days of receiving a complete application.

Placement on the waiting list does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the waiting list.

Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and the date and time the PHA receives their complete application. 46 Admin Plan 2006
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PART II: MANAGING THE WAITING LIST
4-II.A. OVERVIEW
The PHA must have policies regarding various aspects of organizing and managing the waiting list of applicant families. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants.

In addition, HUD imposes requirements on how a PHA may structure its waiting list and how families must be treated if they apply for assistance from a PHA that administers more than one assisted housing program.
4-II.B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 205] The PHA’s HCV waiting list must be organized in such a manner to allow the PHA to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan.

The waiting list must contain the following information for each applicant listed:
 Applicant name;
 Family unit size;
 Date and time of application;
 Qualification for any local preference;
 Racial or ethnic designation of the head of household.

HUD requires the PHA to maintain a single waiting list for the HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waiting list for each county or municipality served.

PHA Policy
The PHA will maintain a single waiting list for the HCV tenant-based voucher program and a separate waiting list for the Project-Based Voucher program.

HUD directs that a family that applies for assistance from the HCV program must be offered the opportunity to be placed on the waiting list for any public housing, project-based voucher or moderate rehabilitation program the PHA operates if 1) the other programs’ waiting lists are open, and 2) the family is qualified for the other programs.

HUD permits, but does not require, that PHAs maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs.

A family’s decision to apply for, receive, or refuse other housing assistance must not affect the family’s placement on the HCV waiting list, or any preferences for which the family may qualify.

PHA Policy
The PHA will not merge the HCV tenant-based voucher waiting list with the waiting list for any other program the PHA operates.
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4-II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Closing the Waiting List
A PHA is permitted to close the waiting lists if it has an adequate pool of families to use its available HCV assistance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria.

PHA Policy
The PHA will close the waiting list when the estimated waiting period for housing assistance for applicants on the list reaches 24 months for the most current applicants.

Where the PHA has particular preferences or funding criteria that require a specific category of family, the PHA may elect to continue to accept applications from these applicants while closing the waiting list to others.

Reopening the Waiting List
If the waiting list has been closed, it cannot be reopened until the PHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received.

PHA Policy
The PHA will announce the reopening of the waiting list at least 10 business days prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice.

The PHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to:

Fairfield Daily Republic Newspaper
Vacaville Reporter Newspaper
4-II.D. FAMILY OUTREACH [HCV GB, pp. 4-2 to 4-4]
The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient number of applicants on the waiting list to use the HCV resources it has been allotted.

Because HUD requires the PHA to serve a specified percentage of extremely low income families (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4-21].

PHA outreach efforts must comply with fair housing requirements. This includes:
 Analyzing the housing market area and the populations currently being served to identify underserved populations
 Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program
 Avoiding outreach efforts that prefer or exclude people who are members of a protected class 48 Admin Plan 2006
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PHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities:
 Submitting press releases to local newspapers, including minority newspapers  Developing informational materials and flyers to distribute to other agencies  Providing application forms to other public and private agencies that serve the low income population
 Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities PHA Policy
The PHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in the PHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved.
4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES
PHA Policy
While the family is on the waiting list, the family must immediately inform the PHA of changes in contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing.
4-II.F. UPDATING THE WAITING LIST [24 CFR 982.204]
HUD requires the PHA to establish policies to use when removing applicant names from the waiting list.

Purging the Waiting List
The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a PHA request for information or updates because of the family member’s disability, the PHA must reinstate the applicant family to their former position on the waiting list [24 CFR 982.204(c)(2)].

PHA Policy
The waiting list will be updated annually at least biennially to ensure that all applicants and applicant information is current and timely.

To update the waiting list, the PHA will send an update request via first class mail to each family on the waiting list to determine whether the family continues to be interested in, and to qualify for, the program. This update request will be sent to the last address that the PHA has on record for the family. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant’s name being removed from the waiting list.
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The family’s response must be in writing and may be delivered in person, or by mail.

Responses should be postmarked or received by the PHA not later than 21 calendar days from the date of the PHA letter.

If the family fails to respond within 21 calendar days, the family will be removed from the waiting list without further notice.

If the notice is returned by the post office with no forwarding address, the applicant will be removed from the waiting list without further notice.

If the notice is returned by the post office with a forwarding address, the notice will be re- sent to the address indicated.

If a family is removed from the waiting list for failure to respond, the Manager may reinstate the family if s/he determines the lack of response was due to PHA error, or to circumstances beyond the family’s control.

Removal from the Waiting List
PHA Policy
If at any time an applicant family is on the waiting list, the PHA determines that the family is not eligible for assistance (see Chapter 3), the family will be removed from the waiting list. The applicant may not re-apply for six months from the date of the PHA notification.

If a family is removed from the waiting list because the PHA has determined the family is not eligible for assistance, a notice will be sent to the family’s address of record. The notice will state the reasons the family was removed from the waiting list and will inform the family how to request an informal review regarding the PHA’s decision (see Chapter 16) [24 CFR 982.201(f)].
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PART III: SELECTION FOR HCV ASSISTANCE
4-III.A. OVERVIEW
As vouchers become available, families on the waiting list must be selected for assistance in accordance with the policies described in this part.

The order in which families receive assistance from the waiting list depends on the selection method chosen by the PHA and is impacted in part by any selection preferences that the family qualifies for. The source of HCV funding also may affect the order in which families are selected from the waiting list.

The PHA must maintain a clear record of all information required to verify that the family is selected from the waiting list according to the PHA’s selection policies [24 CFR 982.204(b) and 982.207(e)].
4-III.B. SELECTION AND HCV FUNDING SOURCES
Special Admissions [24 CFR 982.203]
HUD may award funding for specifically-named families living in specified types of units (e.g., a family that is displaced by demolition of public housing; a non-purchasing family residing in a HOPE 1 or 2 projects). In these cases, the PHA may admit families that are not on the waiting list, or without considering the family’s position on the waiting list. The PHA must maintain records showing that such families were admitted with special program funding.

Targeted Funding [24 CFR 982.204(e)]
HUD may award a PHA funding for a specified category of families on the waiting list. The PHA must use this funding only to assist the families within the specified category. Within this category of families, the order in which such families are assisted is determined according to the policies provided in Section 4-III.C.

Regular HCV Funding
Regular HCV funding may be used to assist any eligible family on the waiting list. Families are selected from the waiting list according to the policies provided in Section 4-III.C. 4-III.C. SELECTION METHOD
PHAs must describe the method for selecting applicant families from the waiting list, including the system of admission preferences that the PHA will use [24 CFR 982.202(d)].

Local Preferences [24 CFR 982.207; HCV p. 4-16]
PHAs are permitted to establish local preferences, and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits the PHA to establish other local preferences, at its discretion.

Any local preferences established must be consistent with the PHA plan and the consolidated plan, and must be based on local housing needs and priorities that can be documented by generally accepted data sources.
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PHA Policy
The PHA will offer a preference to any family that has been terminated from its HCV program due to insufficient program funding.

SCHA uses the following Local Preference system:

1. Residency preference: Families who live or work in the jurisdiction.

2. Lease In Place: Applicant’s qualify for this preference if the following applies:
 Applicant resides in Suisun City,
 Applicant responsible for the entire rent and utilities of the unit, and  Applicant’s household members (family members listed on application) are the only ones residing in the unit.

3. Veteran preference: Veterans or surviving spouses of veterans who were honorably or generally discharged from the Armed Service, active member of the military, retired military, or active reservists. DD214 is needed to verify veteran status.

4. Disability Preference: This preference is extended to disabled persons or families with a disabled member as defined in this Plan. Proof of disability will be required at time of selection. [HUD regulations prohibit admission preferences for specific types of disabilities]

5. Working Preference. Families with at least one adult who is employed at least 20 hours per week or who are active participants in accredited educational and training programs designed to prepare the individual for the job market and carrying 12 units.

This preference is automatically extended to elderly families or families whose head or spouse is receiving income based on their inability to work.

6. Involuntary Displacement: Applicants qualify for this preference if the displacement has been or will be by one of the following:
a. A disaster (fire, flood, earthquake, etc.) that has caused the unit to be uninhabitable.
b. Federal, state or local government action related to code enforcement, public improvement or development.
c. Domestic violence documented by police reports or other acceptable evidence.

This includes actual or threatened physical violence directed against the applicant or the applicant’s family by a spouse or other household member who lives in the unit with the family.
 The actual or threatened violence must have occurred within the past 30 days or be of a continuing nature. To qualify for this preference, the abuser must still reside in the unit from which the victim was displaced. The applicant must supply the name of the abusive or threatening household member and an acceptable third party written verification must be on file.  The verification must be from police, a court of competent jurisdiction, a clergyman, a physician, or a public or private facility that provides shelter/counseling to the victims of domestic violence. 52 Admin Plan 2006
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 The applicant must certify that the abuser will not reside with the applicant unless SCHA gives prior written approval. If the abuser returns to the family without written approval of SCHA, assistance may be denied or terminated.

The applicant must sign a Certification of Domestic Violence that defines these terms.
 Actual or threatened reprisals because the family provided information on criminal activities to a law enforcement agency and, after a threat assessment, the
d. law Law enforcement agency recommends rehousing the family to avoid or reduce risk of violence against the family. The family must be part of a Witness Protection Program, or the HUD Office or law enforcement agency must have informed SCHA that the family is part of a similar program. SCHA will take precautions to ensure that the new location of the family is concealed in cases of witness protection.
e. By hate crimes if a member of the family has been the victim of one or more hate crimes, and the applicant has vacated the unit because of the crime or the fear of such a crime has destroyed the applicant's peaceful enjoyment of the unit.

A hate crime is actual or threatened physical violence or intimidation that is directed against a person or his property and is based on the person's race, color, religion, sex, national origin, disability or familial status [including sexual orientation] and occurred within the last 90 days or is of a continuing nature.

7. Rent Burden: Families paying more than 50% of their income for rent and utilities for at least 90 days commencing before they were selected from the Waiting List and continuing through the verification of preference will receive this preference.

For purposes of this preference, "Family Income" is Gross Monthly Income as defined in the regulations.
"Rent" is defined as the actual amount due under a lease or occupancy agreement calculated on a monthly basis without regard to the amount actually paid, plus the monthly amount of tenant-supplied utilities as noted on the SC Utility Allowance form.

To qualify for the Rent Burden preference, the applicant must pay rent directly to the landlord or agent and cannot be a relative who the applicant lives with.

Project-Based Units
The PHA will work the developer/owner and the local Continuum of Care’s Coordinated Entry System to identify and refer clients to the waiting list for project-based units contracted to house (1) individuals and families meeting the McKinney homelessness definition, (2) veterans, and/or (3) provide supportive housing to persons with disabilities or elderly people.

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Placement and selection from the Project-Based Voucher waiting list for project-based units that are not set-aside for the above-mentioned populations will follow the order found under the PHA Policy for Local Preferences.

Income Targeting Requirement [24 CFR 982.201(b)(2)]
HUD requires that extremely low-income (ELI) families make up at least 75% of the families admitted to the HCV program during the PHA’s fiscal year. ELI families are those with annual incomes at or below 30% of the area median income. To ensure this requirement is met, a PHA may skip non-ELI families on the waiting list in order to select an ELI family.

Low income families admitted to the program that are “continuously assisted” under the 1937 Housing Act [24 CFR 982.4(b)], as well as low-income or moderate-income families admitted to the program that are displaced as a result of the prepayment of the mortgage or voluntary termination of an insurance contract on eligible low-income housing, are not counted for income targeting purposes [24 CFR 982.201(b)(2)(v)].

PHA Policy
The PHA will monitor progress in meeting the ELI requirement throughout the fiscal year. Extremely low-income families will be selected ahead of other eligible families on an as-needed basis to ensure the income-targeting requirement is met.

Order of Selection
The PHA system of preferences may select families either according to the date and time of application, or by a random selection process [24 CFR 982.207(c)]. When selecting families from the waiting list PHAs are required to use targeted funding to assist only those families who meet the specified criteria, and PHAs are not permitted to skip down the waiting list to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the waiting list [24 CFR 982.204(d) and (e)].

PHA Policy
Families will be selected from the waiting list based on the targeted funding or selection preference(s) for which they qualify, and in accordance with the PHA’s hierarchy of preferences, if applicable. Within each targeted funding or preference category, families will be selected on a first-come, first-served basis according to the date and time their complete application is received by the PHA. Documentation will be maintained by the PHA as to whether families on the list qualify for and are interested in targeted funding.

If a higher placed family on the waiting list is not qualified or not interested in targeted funding, there will be a notation maintained so that the PHA does not have to ask higher placed families each time targeted selections are made.

Local preferences will be used to select families from the waiting list. SCHA has selected a point system to apply local preferences. Each preference will receive an allocation of points. The more preference points an applicant has, the higher the applicant’s, place on the waiting list. Local preferences shall be assigned the following points:

Local Residency (P1) 30 Points
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Lease In Place (P2) 10 Points
Veteran (P3) 10 Points
Working Family or Disabled or Elderly Family (P4) 10 Points Rent Burden or Substandard Housing, Involuntarily Displaced (P5) 5 Points

Project-Based Units
Placement and selection from the Project-Based Voucher waiting list for project-based units that are not set-aside for specific populations will be selected based on the targeted funding or selection of local preference(s).

The PHA will work with the developer/owner and the Continuum of Care’s Coordinated Entry System to identify and refer clients to the waiting list for project-based units set aside for the following populations: (1) individuals and families meeting the McKinney homelessness definition, (2) veterans, and/or (3) provide supportive housing to persons with disabilities or elderly people. Should a set-aside unit become available, Coordinated Entry clients will be selected by the PHA before other applicants on the Project-Based Voucher waiting list. If Coordinated Entry clients are not readily available, the PHA may select Project-Based Voucher waiting list applicants according to targeted funding or selection of preferences. Applicants on the Project-Based Voucher waiting list who do not fit the criteria for set-aside units will not be selected for those units. 4-III.D. NOTIFICATION OF SELECTION
When a family has been selected from the waiting list, the PHA must notify the family:

PHA Policy
The PHA will notify the family by first class mail when it is selected from the waiting list. Included with the letter are tenant information forms that need to be completed and returned to the PHA within fourteen (14) calendar days. When the tenant information forms are returned to the PHA, an interview appointment will be scheduled. The PHA will give the applicant an appointment document, which has the appointment date and time, list of documents required, and who must attend the interview.

If a notification letter is returned to the PHA with no forwarding address or if the applicant does not respond, the family will be removed from the waiting list. The applicant cannot re-apply for one year from date TIF was due. 4-III.E. THE APPLICATION INTERVIEW
HUD recommends that the PHA obtain the information and documentation needed to make an eligibility determination though a private interview [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program.

Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability.

PHA Policy
Families selected from the waiting list are required to participate in an eligibility interview.
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All adults will be required to attend the interview together. The interview will be conducted only if the head of household or spouse/cohead provides appropriate documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity). If the family representative does not provide the required documentation, one more appointment may be scheduled within fourteen calendar days to allow applicant to obtain the required documents.

The family must provide the information necessary to establish the family’s eligibility and determine the appropriate level of assistance, as well as completing required forms, providing required signatures, and submitting required documentation. If any materials are missing, the PHA will provide the family with a written list of items that must be submitted with fourteen calendar days.

If the family is unable to obtain the information or materials within the required time frame, the family may request one extension for an additional fourteen days; the request must be in writing. If the required documents and information are not provided within the required time frame (plus any extension), the family will be sent a notice of denial (See Chapter 3). If the applicant is denied due to incomplete application, the family cannot re- apply for one year from the date the TIF was due.

An advocate, interpreter, or other assistant may assist the family with the application and the interview process.

Interviews will be conducted in English. For limited English proficient (LEP) applicants, the PHA will provide translation services in accordance with the PHA’s LEP plan.

If the family is unable to attend a scheduled interview due to unforeseen circumstances, the family should contact the PHA in advance of the interview to schedule request a new appointment. In all circumstances, if a family does not attend a scheduled interview, the PHA will send another notification letter with a new interview appointment time. Make- up appointments will only be approved for reasons beyond an applicant’s control. The PHA may require verification of the schedule conflict. Applicants who fail to attend two scheduled interviews without PHA approval will be denied assistance based on the family’s failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3. 4-III.F. COMPLETING THE APPLICATION PROCESS
The PHA must verify all information provided by the family (see Chapter 7). Based on verified information, the PHA must make a final determination of eligibility (see Chapter 3) and must confirm that the family qualified for at the time of the interview any special admission, targeted admission, or selection preference that affected the order in which the family was selected from the waiting list.

PHA Policy
If the PHA determines that the family is ineligible, the PHA will send written notification of the ineligibility determination within fourteen (14) calendar days of the determination.

The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review (Chapter 16).
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If a family fails to qualify for any criteria that affected the order in which it was selected from the waiting list (e.g. targeted funding, extremely low-income), the family will be returned to the waiting list in the position applicable based on the preferences actually met by the family. The PHA will notify the family in writing that it has been returned to the waiting list, and will specify the reasons for it.

If the PHA determines that the family ineligible because of untruthfully information supplied by the applicant, the PHA will deny the applicant and will inform the family of its right to request an informal review. If the family is denied for fraudulent information, the family will be ineligible for three years.

If the PHA determines that the family is eligible to receive assistance, the PHA will invite the family to attend a briefing in accordance with the policies in Chapter 5. 57 Admin Plan 2006
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EXHIBIT A

Chapter 4

APPLICATIONS, WAITING LIST AND TENANT SELECTION

The PHA is required to adopt a clear approach to accepting applications, placing families on the waiting list, selecting families from the waiting list and must follow this approach consistently.

The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the PHA to receive preferential treatment.

Funding earmarked exclusively for families with particular characteristics may also alter the order in which families are served.

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HUD permits the PHA to determine the format and content of HCV applications, as well as how such applications will be made available to interested families and how the PHA will accept applications.

Limited English Proficiency
PHAs are required to take reasonable steps to ensure meaningful access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on the PHA’s policies related to ensuring access to people with limited English proficiency (LEP).
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4-I.D. PLACEMENT ON THE WAITING LIST
The PHA must review each complete application received and make a preliminary assessment of the family’s eligibility. The PHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible, the PHA must notify the family in writing [24 CFR 982.201(f)].

No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)].

Eligible for Placement on the Waiting List
PHA Policy
The PHA will send written notification of the preliminary eligibility determination within 14 calendar days of receiving a complete application.

Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and the date and time the PHA receives their complete application. 60 Admin Plan 2006
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The waiting list must contain the following information for each applicant listed:
x Applicant name;
x Family unit size;
x Date and time of application;
x Qualification for any local preference;
x Racial or ethnic designation of the head of household.

PHA Policy
The PHA will maintain a single waiting list for the HCV tenant-based voucher program and a separate waiting list for the Project-Based Voucher program.

HUD permits, but does not require, that PHAs maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs.

A family’s decision to apply for, receive, or refuse other housing assistance must not affect the family’s placement on the HCV waiting list, or any preferences for which the family may qualify.

PHA Policy
The PHA will not merge the HCV tenant-based voucher waiting list with the waiting list for any other program the PHA operates.
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PHA Policy
The PHA will close the waiting list when the estimated waiting period for housing assistance for applicants on the list reaches 24 months for the most current applicants.

The PHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to:

PHA outreach efforts must comply with fair housing requirements. This includes:
x Analyzing the housing market area and the populations currently being served to identify underserved populations
x Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program
x Avoiding outreach efforts that prefer or exclude people who are members of a protected class 62 Admin Plan 2006
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PHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities:
x Submitting press releases to local newspapers, including minority newspapers x Developing informational materials and flyers to distribute to other agencies x Providing application forms to other public and private agencies that serve the low income population
x Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities PHA Policy
The PHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in the PHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved.
4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES
PHA Policy
While the family is on the waiting list, the family must immediately inform the PHA of changes in contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing.
4-II.F. UPDATING THE WAITING LIST [24 CFR 982.204]
HUD requires the PHA to establish policies to use when removing applicant names from the waiting list.

PHA Policy
The waiting list will be updated at least biennially to ensure that all applicants and applicant information is current and timely.

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The family’s response must be in writing and may be delivered in person, or by mail.

Responses should be postmarked or received by the PHA not later than 21 calendar days from the date of the PHA letter.

If the family fails to respond within 21 calendar days, the family will be removed from the waiting list without further notice.

If the notice is returned by the post office with no forwarding address, the applicant will be removed from the waiting list without further notice.

If the notice is returned by the post office with a forwarding address, the notice will be re- sent to the address indicated.

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PHA Policy
The PHA will offer a preference to any family that has been terminated from its HCV program due to insufficient program funding.

SCHA uses the following Local Preference system:

1. Residency preference: Families who live or work in the jurisdiction.

2. Lease In Place: Applicant’s qualify for this preference if the following applies:
x Applicant resides in Suisun City,
x Applicant responsible for the entire rent and utilities of the unit, and x Applicant’s household members (family members listed on application) are the only ones residing in the unit.

This preference is automatically extended to elderly families or families whose head or spouse is receiving income based on their inability to work.

This includes actual or threatened physical violence directed against the applicant or the applicant’s family by a spouse or other household member who lives in the unit with the family.
x The actual or threatened violence must have occurred within the past 30 days or be of a continuing nature. To qualify for this preference, the abuser must still reside in the unit from which the victim was displaced. The applicant must supply the name of the abusive or threatening household member and an acceptable third party written verification must be on file. x The verification must be from police, a court of competent jurisdiction, a clergyman, a physician, or a public or private facility that provides shelter/counseling to the victims of domestic violence. 66 Admin Plan 2006
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x The applicant must certify that the abuser will not reside with the applicant unless SCHA gives prior written approval. If the abuser returns to the family without written approval of SCHA, assistance may be denied or terminated.

The applicant must sign a Certification of Domestic Violence that defines these terms.
x Actual or threatened reprisals because the family provided information on criminal activities to a law enforcement agency and, after a threat assessment, the
d. Law enforcement agency recommends rehousing the family to avoid or reduce risk of violence against the family. The family must be part of a Witness Protection Program, or the HUD Office or law enforcement agency must have informed SCHA that the family is part of a similar program. SCHA will take precautions to ensure that the new location of the family is concealed in cases of witness protection.
e. By hate crimes if a member of the family has been the victim of one or more hate crimes, and the applicant has vacated the unit because of the crime or the fear of such a crime has destroyed the applicant's peaceful enjoyment of the unit.

To qualify for the Rent Burden preference, the applicant must pay rent directly to the landlord or agent and cannot be a relative who the applicant lives with.

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Local Residency (P1) 30 Points
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Lease In Place (P2) 10 Points
Veteran (P3) 10 Points
Working Family or Disabled or Elderly Family (P4) 10 Points Rent Burden or Substandard Housing, Involuntarily Displaced (P5) 5 Points

If a notification letter is returned to the PHA with no forwarding address or if the applicant does not respond, the family will be removed from the waiting list. 4-III.E. THE APPLICATION INTERVIEW
HUD recommends that the PHA obtain the information and documentation needed to make an eligibility determination though a private interview [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program.

Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability.

PHA Policy
Families selected from the waiting list are required to participate in an eligibility interview.
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An advocate, interpreter, or other assistant may assist the family with the application and the interview process.

Interviews will be conducted in English. For limited English proficient (LEP) applicants, the PHA will provide translation services in accordance with the PHA’s LEP plan.

If the family is unable to attend a scheduled interview due to unforeseen circumstances, the family should contact the PHA in advance of the interview to request a new appointment. Make-up appointments will only be approved for reasons beyond an applicant’s control. The PHA may require verification of the schedule conflict.

Applicants who fail to attend two scheduled interviews without PHA approval will be denied assistance based on the family’s failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3.
4-III.F. COMPLETING THE APPLICATION PROCESS
The PHA must verify all information provided by the family (see Chapter 7). Based on verified information, the PHA must make a final determination of eligibility (see Chapter 3) and must confirm that the family qualified for at the time of the interview any special admission, targeted admission, or selection preference that affected the order in which the family was selected from the waiting list.

PHA Policy
If the PHA determines that the family is ineligible, the PHA will send written notification of the ineligibility determination within fourteen (14) calendar days of the determination.

The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review (Chapter 16).

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returned to the waiting list in the position applicable based on the preferences actually met by the family. The PHA will notify the family in writing that it has been returned to the waiting list, and will specify the reasons for it.

If the PHA determines that the family ineligible because of untruthful information supplied by the applicant, the PHA will deny the applicant and will inform the family of its right to request an informal review. If the family is denied for fraudulent information, the family will be ineligible for three years.

If the PHA determines that the family is eligible to receive assistance, the PHA will invite the family to attend a briefing in accordance with the policies in Chapter 5. 71 SCHA Admin Plan 2006
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Chapter 17
PROJECT-BASED VOUCHER (PBV) PROGRAM [24 CFR 983]

INTRODUCTION
The Suisun City Housing Authority implemented a project-based assistance program as part of its Section 8 Housing Choice V oucher Program in 2023. Up to 20 percent of the Housing Authority's Annual Contributions Contract (ACC) may be made available for this program which attaches the funding to specific units rather than using it for tenant-based assistance. With HUD’s approval, an additional ten percent (10%) of the Housing Authority’s Annual Contributions Contract (ACC) units may be made available under the Project-Based V oucher program for units which are exclusively available to families eligible for supportive services or units exclusively available to elderly families. The Housing Authority will determine the availability of vouchers and the need for project-based assistance.

The Project-Based V oucher (PBV) Program attaches Section 8 rental assistance to selected units for a period of up to 20 years plus the allowable maximum 20-year extension pending the availability of funding. The Public Housing Agency (PHA) implemented the PBV Program due to the difficult rental market of Suisun City and its impact on the supply of affordable housing.

Project-basing units under this program will create a stable, long-term resource of affordable housing and will help ensure the preservation of and continued access to the existing stock of affordable housing. The PBV Program will also serve as an additional marketing tool to attract owner participation in providing units for low-income participants. The following policy is established in compliance with the PBV Program Final Rule dated October 13, 2005, regarding 24 CFR Section 983, and the Housing Opportunity Through Modernization Act (HOTMA) of 2016 which outline the procedures by which the PHA will select units to receive rental assistance through its PBV Program for new construction projects, rehabilitated projects, and existing housing.

The Suisun City Housing Authority’s PBV Program will be consistent with the Housing Authority Annual Plan which includes a statement indicating the maximum number of total PBV units that will be placed under contract by the Housing Authority. PBV assistance in any PBV project may not exceed the greater of 25 units or 25 percent of the units in any PBV project. If a project has 25 or fewer units, the Housing Authority may place every unit in the project under the PBV HAP contract. Other exceptions to the project limit may be available under any of the following circumstances:
• Project consists of single-family dwellings (four or fewer units) • Dwelling units are specifically designated for elderly families • Dwelling units are specifically designated for veterans • Dwelling units are designated for families requiring supportive services. Supportive services offered must be clearly identified and reasonably available to assisted residents 72 SCHA Admin Plan 2006
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for a period of no less than one year beginning the first day of each resident’s tenancy.

PBV assisted residents are not required to participate in supportive services. • Dwelling units are specifically designated for families which meet the definition of homeless under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) and contained in the Continuum of Care Interim Rule at 24 CFR §578.3. 1 - 154 • Project is in a census tract with a poverty rate of less than 20 percent (may be subject to a PBV cap of up to 40 percent)

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PART I: CONTRACT APPLICATION SELECTION AND AWARD PROCESS 16-1.A. SELECTION OF PBV OWNER PROPOSALS
The Housing Authority will select PBV proposals by either of the following two methods. 1) Request for Proposals (RFP) procedure in accordance with the provisions of this Chapter.
2) Non-competitive award procedure in accordance with the provisions of this Chapter. 16-1.B. PROCESS FOR SELECTING PBV UNITS BY MEANS OF A REQUEST FOR

PROPOSALS (RFP)
Advertising Procedures
The Housing Authority will advertise on its website and in a newspaper of general circulation, currently the Daily Republic, by publishing a public notice that indicates that the Housing Authority will accept applications from property owners for the purpose of selecting projects to be assisted under a PBV Program.

The advertisement will be published in a newspaper of general circulation one time and will remain on the Housing Authority’s website until such time that the application period is closed.

The notice will include the following information:
• Number of vouchers the Housing Authority will make available under the PBV program.
• Number of units in a project that may be project-based. • Type of units (existing, new construction and/or rehabilitation) that will be considered for project-basing.
• Application Deadline (at least 20 days after the published date of advertisement). • Statement that participation in the Program requires compliance with Fair Housing and Equal Opportunity requirements, and that the Federal Labor Standard provisions may be applicable for new and rehabilitation projects.
• The Housing Authority’s selection policies as outlined below in Application Review.

Application Requirements and Evaluation Criteria
Application Submission Deadline
Owner applications will be accepted until the published deadline at the Housing Authority Office indicated on the RFP. This deadline will be a date at least 20 days after the publication date of the advertisement. The Housing Authority will date and time stamp all applications upon receipt.

Applications received after the published deadline date will not be accepted for consideration under the RFP process. Postmarks are not acceptable.
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Incomplete and Non-Responsive/Non-Compliant Applications If a supporting document required by the RFP is not under the control of the applicant and cannot be obtained within the filing deadline, the applicant must include a written explanation in the application detailing the cause of the delay and the anticipated date the document will be delivered. The Housing Authority will review the information provided and accept the application but classify it as nonresponsive pending receipt of the document. The application will be re-dated upon receipt of the document. In no case will documentation be accepted more than ten (10) days after the final deadline.

If the Housing Authority finds that an application is found to be non-responsive or non-compliant with the RFP, written selection criteria and procedures, or HUD program regulations, it will be rejected and returned to the applicant with notification stating the reason for rejection.

In cases where the application meets the minimum information requirements, but is defective through typographical or minor calculation errors, the application will be processed.

The Housing Authority reserves the right to reject applications at any time for misinformation, errors, or omissions of any kind, no matter how far they have been processed. 16-1.C. PROCESS FOR SELECTING UNITS ON NON-COMPETITIVE BASIS The PHA may select, without competition, a proposal for project-based housing assisted under a federal, State, or local government housing assistance, community development, or supportive services program that required competitive selection of proposals, where the proposal has been selected in accordance with such program's competitive selection requirements within three years of the PBV proposal selection date, and the earlier competitively selected housing assistance proposal did not involve any consideration that the project would receive PBV assistance.

Additionally, the Housing Authority may add units to an existing PBV HAP contract at any time during the term of the PBV HAP contract without engaging in a competitive process. If PBVs are added to a contract utilizing this method, public notice will be made in accordance with the Notice of Award of Funding provision included within this Chapter.

Non-Competitive proposals can be submitted to the Housing Authority at any time on a form provided by the Housing Authority. The Housing Authority will select proposals for PBV assistance on a noncompetitive basis, in cases where one or more of the following circumstances exist:
• The project has been awarded funding through the California Housing and Community Development’s competitive selection process.
• The project has been awarded nine percent (9%) low-income housing tax credit (LIHTC) or other comparable LIHTC
• Any other federal, State or local government affordable housing program that awards funding for the development of new housing units or the rehabilitation of existing 75 SCHA Admin Plan 2006
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housing that is designed to be affordable to individuals and families at or below 80 percent of the area median income (based upon the family composition).

In cases where non-competitive awards are made by SCHA, the developer/owner must do all of the following:
• Demonstrate that the financial analysis of the earlier competitive selection proposal demonstrated project feasibility without PBV assistance. • Clearly document the PBV proposal to demonstrate what circumstances have changed so that PBV assistance is now needed for project feasibility. • Agree that all households to be assisted with PBV assistance must be at 30 percent AMI or below.
• Agree to take the lead in initiating and completing the required subsidy-layering review and environmental impact report per HUD rules.

The total number of PBV units awarded will be within the allowed maximum number per the Housing Authority Annual Plan. PBV awards are made in accordance with this policy.

The Housing Authority will publish the award of any units under the PBV Program in a newspaper of general circulation. Every effort will be made to publish the results of any awards under the PBV Program within 30 days of the award date. 16-1.D. APPLICATION REVIEW AND AWARD PROCESS FOR COMPETITIVE PBV AWARDS
Application Review Panel
The Executive Director of the Housing Authority, or her/his/their designee, will appoint a PBV selection panel of at least three people who will review, evaluate and select applications in accordance with the provisions of this Chapter. The committee will score applications and submit its recommendations to the Executive Director within 45 days of PBV application period.

Application Review
The Housing Authority will review all complete and eligible applications. Before selecting units, the Housing Authority will determine that each application is responsive to and in compliance with the Housing Authority’s written selection criteria and procedures, and in conformity with HUD program regulation and requirements at 24 CFR 983 including the following items:

1. Evidence of site control.

2. Certification that the owner and other project principles are not on the U.S. General Services Administration list of parties excluded from Federal procurement and non- procurement programs.
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3. Proposed initial gross rents must not exceed 110 percent of the established Fair Market Rents (FMR) or any HUD-approved “exception payment standard” for the area where the housing is located.

4. Property must meet applicable eligibility requirements under Section 983 and HUD environmental regulations as per 24 CFR parts 50 and 58. (Does not apply for existing housing projects).

5. No rehabilitation or construction has commenced prior to the execution of the Agreement to Enter into a HAP Contract (AHAP), as evidenced by Housing Authority inspection. (Does not apply to existing housing).

6. Proposed number of units to be project-based does not exceed the greater of 25 units or 25 percent of the total units in the project, except in the case of a housing project for seniors or persons with disabilities or families that are receiving supportive services, in which case up to 100 percent of the units in such buildings may be proposed for PBV assistance. Other exceptions to the project cap may be approved on a case-by-case basis in accordance with the HUD approved exception criteria included within this Chapter.

7. The site is located in a census tract with a poverty rate of not more than 20 percent.

Projects located in areas with higher poverty rates may also be considered, but the owner must submit justification for the need to project-base their development in such an area.

8. For rehab only: Housing units that exist on the proposal selection date, but do not substantially comply with the HQS on that date, and are rehabilitated, pursuant to an Agreement between the Housing Authority and owner, for use under the PBV program (as evidenced by Housing Authority inspection).

9. For existing housing only: Property meets the definition of “existing housing” for purposes of the PBV Program if the units can be brought into HQS compliance within 45 days of proposal selection. All units must pass HQS before execution of the HAP contract.

10. Project meets requirements of Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Amendments Act of 1988.

11. For rehab and existing housing, current tenants must be low-income and meet income eligibility requirements for the Section 8 V oucher Program. The Housing Authority may not select a unit, or enter into an Agreement with respect to a unit, if the unit is occupied by persons who are not eligible for participation in the program.

PBV projects must comply with Section 983.57 regulations regarding site and neighborhood standards.

RFP Evaluation and Ranking Process
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Proposals that meet the requirements will be evaluated and ranked according to the rating and ranking factors described in the RFP Additional points will be granted to projects which meet the following requirements:
• Outside an area or census tract of minority concentration (as defined by HUD) • Outside an area or census tract of concentrated publicly supported housing of the same occupancy type of the proposal
A PBV Ranking List will be prepared according to points awarded to each proposal. The application scoring the highest points and that is responsive to and in compliance with the Housing Authority’s written selection criteria and procedures, and HUD program regulations, will be awarded project-based vouchers up to the amount requested (and allowed per regulations and Housing Authority policy) for the particular development, but not to exceed the number of vouchers advertised as available for the program.

If, after awarding the highest scoring application, there are still vouchers available, the Housing Authority will award the next highest-ranking applications until the available vouchers have been assigned. If the Housing Authority determines that an application is eligible for PBV funding but cannot be fully funded at the amount requested by the owner, the owner will be given the opportunity to receive partial funding.

If a proposal does not meet the requirements as indicated above, it will be designated as non- compliant and a notice to that effect, identifying the disqualifying factor, will be sent to the applicant.

Award of Funding
The Housing Authority will give prompt written notice to the party that submitted a selected proposal. The Housing Authority will also give prompt public notice of such selection in a newspaper of general circulation, currently the Daily Republic, by publishing a public notice of the selection.

Tied Applications
In the case of a tie score between two or more applications and not enough units available to award each tied application, the following factors will be considered to determine the allocation of PBVs to be selected projects:

1. The application that will provide the greatest number of homeless-dedicated one- and two-bedroom units to be project-based.

2. The application with the earliest submittal date and time.

Applications meeting the requirements of the RFP and the Administrative Plan will be awarded project-based assistance in the order that they are received (or for RFPs, as of the date they are considered “complete”; see Incomplete and Non-Responsive/Non-compliant Applications) until the available PBV V ouchers are assigned. If the Housing Authority determines that an application 78 SCHA Admin Plan 2006
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is eligible for PBV funding but cannot be fully funded at the amount requested by the owner, the owner will be given the opportunity to receive partial funding.

Factors for Selecting Applications
The following factors will be used by the Housing Authority to select applications for the PBV Program:
• Site
• Design
• Previous experience of owner and participants in development, marketing and management of affordable low-income housing
• Feasibility of the project as a whole (including likelihood of financing and marketability)
• Local objectives
• Units are located outside areas/census tracts of minority or poverty concentration as defined by HUD
• Design exceeds the requirements for ADA accessible units identified in 24 CFR § 8.22 and 24 CFR 983
• Design meets the requirements for design and construction in 24 CFR § 100.205 16-1.E. APPLICATION FORMAT AND CONTENT
The following guidelines apply to all projects submitted for PBV funding.

Owner applications are to be completed using the applicable forms provided by the Housing Authority and/or format described in the Request for Proposals.

The application will list ineligible properties and will state that properties awarded PBV must meet the property requirements as indicated in HUD regulations and as pertaining to each type of housing (new construction, rehabilitation or existing), including the site and neighborhood standards, zoning requirements, per unit minimum cost factor (rehab only), and other Federal Requirements.

The application will require that applications from owners must meet the requirements listed above and must contain the following information:

1. A detailed description of the housing project including:
a. The number of buildings in the project, and identification, by building, of the number of units by size (square footage), bedroom count and bathroom count. b. A listing of amenities and services.
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c. A detailed description of the supportive services provided (or to be provided) for the residents if any. Include information on the type of services, the frequency the services are offered, whether the services are provided on-site and whether there is a fee charged.
d. The poverty rate of the census tract in which the site/project is located. e. A description of the area in which the project is located, including a list of all employment centers, schools, public transportation, health facilities, and parks and recreational areas that are in the general area of the site/project and the distance of each from the site.
f. The estimated dates for the commencement and completion of construction. (Does not apply for existing housing projects.)
g. Architectural schematic level drawings of the proposed project including elevations, unit plans, and the site plan. (Does not apply for existing housing projects.)
h. For rehabilitation, the description must describe the property as is and must also describe the proposed rehabilitation.

2. Evidence of site control.

3. Evidence that the proposed new construction or rehabilitation is permitted by current zoning ordinances or regulations, or evidence to indicate that the needed rezoning is likely to be obtained and will not delay the project. (Does not apply to existing housing projects.)

4. The current (does not apply to new construction) and proposed contract rent per unit, including units to be project-based, including an indication of which utilities, services, and equipment are included in the rent and which are not included. For those utilities that are not included in the rent, an estimate of the average monthly cost of each unit type for the first year of occupancy.

5. A statement identifying:
a. A list of the persons (families or businesses) occupying the property on the date of the submission of the application. If families, include their address, unit size, family size, current rent and approximate annual income; (Does not apply to new construction.)
b. The number of persons to be displaced, temporarily relocated or moved permanently within the building or complex; (Applies only to rehabilitation projects.)
c. The estimated cost of relocation payments and services, and the sources of funding; (Does not apply for existing housing or new construction projects.) 80 SCHA Admin Plan 2006
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d. The organization(s) that will carry out the relocation activities (Does not apply to existing housing or new construction); and

6. Information regarding the owner and other project principals, including:
a. The identity of the owner and other project principals and the names of officers and principal members, shareholders, investors, and other parties having a substantial interest; and
b. Certification showing that the above-mentioned parties are not on the U.S.

General Services Administration list of parties excluded from Federal procurement and non-procurement programs; and
c. A disclosure of any possible conflict of interest by any of these parties that would be a violation of the Agreement or the HAP contract; and d. Information on the qualifications and experience of the principal participants.

Information concerning any participant who is not known at the time of the owner’s submission must be provided to the Housing Authority as soon as the participant is known.

7. The owner’s plan for managing and maintaining the units and identification of the proposed property management agent.

8. A Project Financing Plan with evidence of financing or lender interest and the proposed terms of financing. Financing Plans which are dependent upon future awards of funding from the Suisun City Housing Commission through a competitive process are not eligible. (Does not apply for existing housing projects.)

9. Basic project financing schedules to include the following:
a. A sources and uses of funds table to include the required estimate of construction costs. (Does not apply to existing housing.) b. A detailed estimate of anticipated project construction costs prepared by either a general construction contractor deemed reasonably qualified to construct the project or a professional cost estimating firm. (Does not apply to existing housing.)
c. A twenty (20) year operating period pro forma cash flow analysis presenting anticipated initial contract rents for all units, both assisted and unassisted through PBV . (Does not apply to existing housing.)
d. For existing housing only: Operating pro forma statement and current year operating budget including estimated Section 8 subsidy amount.

10. The proposed term of the HAP contract; and

11. Such other information as the Housing Authority believes necessary as identified in the Public Notice, RFP/application, or in the selection and/or ranking criteria. 81 SCHA Admin Plan 2006
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Other Requirements
The application will inform applicants that the following items must be completed before the Housing Authority can execute an Agreement or Housing Assistance Payments Contract with any selected owner.

1. Establish the rents in accordance with Section 983.

2. Complete a subsidy layering contract rent review when required. Property must meet applicable eligibility requirements under Section 983, including eligible and ineligible properties, other Federal requirements, and site and neighborhood standards.

3. Obtain environmental clearance in accordance with Section 983. In cases of existing housing the responsible entity (“RE”) must determine whether or not PBV assistance is categorically excluded from review under the National Environmental Policy Act and whether or not the assistance is subject to review under the laws and authorities listed in 24 CFR 58.5.

4. For rehabilitation projects, the owner must prepare work write-ups and, where determined necessary by the Housing Authority, specifications and plans. The Housing Authority has flexibility to determine the appropriate documentation to be submitted by the owner based on the nature of the identified rehabilitation. The work write-ups must address the specific work items identified by the Housing Authority.

5. For existing and rehabilitation projects, the owner must have an accessibility survey completed for the property. Accessibility survey should include all common areas and areas available to the general public, all walkways, parking areas, and units designated as accessible. If deficiencies exist a transition plan must be submitted.

6. Before an Agreement is executed for new construction units, the owner must submit the design architect’s certification that the proposed new construction reflected in the working drawings and specifications complies with housing quality standards, local codes and ordinances, and zoning requirements.
16-1.F. OTHER PROGRAM GUIDELINES
The following guidelines apply to all projects awarded with project-based assistance.

Contract Term
The initial term of the Housing Assistance Payment contract may be up to 20 years and is subject to future availability of appropriations and future availability of funding under the Housing Authority’s Annual Contribution Contracts.

Vacancy Payments [24 CFR 983.352(B)]
At the discretion of the Housing Authority, the HAP contract may provide for vacancy payments to the owner for a Housing Authority-determined period of vacancy extending from the beginning of the first calendar month after the move-out month for a period not exceeding two full months following the move-out month. The amount of the vacancy payment to the owner 82 SCHA Admin Plan 2006
Amended Aug 2023
will be equal to the contract rent in effect at the time of the vacancy for a period not to exceed 60 days. The HAP contract with the owner will contain the terms under which vacancy payments will be made.

PBV HAP Contract Extension
The Housing Authority may agree to enter into an extension of the HAP contract at the time of the initial HAP contract execution or any time before the expiration of the contract if the Housing Authority determines an extension is appropriate to continue providing affordable housing for low-income families. The maximum term for an extension of the HAP contract is 20 years. The Housing Authority may allow multiple extensions, however, such extensions shall not exceed 20 years, cumulatively. All extensions must be on the form and subject to the conditions prescribed by HUD at the time of the extension.

The Housing Authority will provide the owner 12-month’s notice of the expiration of the PBV HAP contract, and invite the owner to submit a letter requesting an extension. The Housing Authority may extend the term of the contract administratively, without an open competition, for one or more additional terms of up to 20 years total if the Housing Authority determines an extension is required for the project to continue providing housing for low-income families at or below 50 percent AMI.

Extension of PBV HAP contracts will be considered on a case-by-case basis, including whether (a) to extend for a full 20 years or a shorter timeframe, and (b) the project is able continue housing families at or below 50 percent AMI with a smaller number of PBVs than originally approved (i.e. reduce the number of PB units at the property). When determining whether or not to extend an expiring PBV contract, for how long, and the number of units, the Housing Authority within its sole discretion will consider several factors including, but not limited to:
• The total HAP cost of the contract extension and the amount of available budget authority;
• The staffing capacity of the Housing Authority to continue administering the PBV contract;
• The condition of the contract units;
• The owner’s record of compliance with obligations under the HAP contract and lease(s); • Whether the location of the units continues to support the goals of deconcentrating poverty and expanding housing opportunities;
• Evidence of financial needs of the property (including an examination of operating, reserve, and other budgets and financial documentation); • Demonstrated need of the minimum number of project-based vouchers required to achieve long-term affordability of the housing including (i) financing debt for rehabilitation activity, (ii) meeting the contractual obligation to rent to households at or below 50 percent of AMI, and (iii) covering a reasonable operating deficit; • Current demand for the units by households with tenant based or project-based assistance; and
83 SCHA Admin Plan 2006
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• Whether the funding could better serve extremely low-income households at another property seeking PBV assistance (or new construction project), or in the tenant-based voucher program.

PART II: TENANT SELECTION & WAITING LIST ORGANIZATION
16-II.A Tenant Selection & Waiting List Organization
Many of the policies and provisions of the tenant-based voucher regulations also apply to the PBV program. This includes requirements related to determining eligibility and waiting list preferences. The Housing Authority will centrally maintain project-specific waitlists for developments with project-based vouchers. During times of open waitlist, applicants will be 84 SCHA Admin Plan 2006
Amended Aug 2023
selected for placement on each waitlist according to preferences claimed, and time and date of application received. When vacancies in project-based units occur, tenants will be selected according to their assigned waitlist position. Those with preferences as identified in Chapter 4 of this Administrative Plan, will be referred first and in order of their waitlist position. When selecting families to occupy PBV units that have special accessibility features for persons with disabilities, the Housing Authority will first refer families who require such features to the owner in the order of their position on the waitlist. The provisions of the tenant-based voucher regulations that do not apply to the PBV program are listed at 24 CFR 983.2.

HUD regulations mandate that the Housing Authority apply income targeting requirements that require 75 percent of the families admitted to the Section 8 Housing Choice V oucher Program (including PBV) be families whose annual income does not exceed 30 percent of Area Median Income (AMI). Consequently, the Housing Authority may require the residents of units selected to be project-based to meet this income requirement.

Applicants who will occupy vacant or turnover units with PBV assistance are selected from the appropriate PBV waiting list. If there are vacant or turnover units specified for a specific population (i.e. disabled or elderly, household size) and there are no applicants on the PBV waitlist needing that type of unit, the Housing Authority may re-open the PBV waitlist. At times the Housing Authority HCV and PBV waitlists are open simultaneously, the Housing Authority must ensure that applications for all open waitlists are made available.

Families that have previously been issued a tenant-based voucher and are interested in leasing a vacant project-based unit may surrender their tenant-based voucher and move into the project- based unit. All other eligibility factors, including income targeting apply. At the end of the project-based lease term, the family may be eligible to receive another tenant-based voucher if they want to move and tenant-based vouchers are available to be issued (see Family Choice to Move with Continued Assistance in Chapter 4 for more information).

Utilizing Coordinated Entry System as Waitlist
In addition to a PBV waiting list, the Housing Authority shall work with the Continuum of Care who will maintain a separate waiting list for homeless persons through their Coordinated Entry System (CES) for units dedicated for unhoused persons and families. These contracted units are required to be used to house homeless households that are in the CES for housing assistance referral. The owner, or their designated staff will enter into a MOU with the Continuum of Care in Solano County and will provide the project’s eligibility criteria to CES to be posted on a publicly-facing webpage. Unless another funding stream predetermines the vulnerability range for referrals, the owner, CES staff, and Housing Authority will together come to agreement on the vulnerability range of the referrals to the project based on CES policies. When vacancies occur at the PBV properties in these designated units, the owner, or their designated staff, shall request a referral from the Coordinated Entry System. It is the owner’s responsibility to participate in CES case conferencing and to make all CES required efforts to locate CES applicants. Applicants referred from CES may only be rejected by the owner for the designated CES reasons. If multiple referrals are received, the owner or their designated staff must process 85 SCHA Admin Plan 2006
Amended Aug 2023
applications in the order they appear on the referral list. Once the owner, or designated staff, has reviewed the application and accepted the referral for housing assistance, the owner shall refer the family to the Housing Authority’s initial eligibility team for program eligibility determination and leasing. Families will only be placed on the homeless-dedicated waiting list if they are deemed eligible for occupancy by the owner and immediately processed for intake. If the owner, or designated staff, reject a referral, the reasoning must fit within the CES guidelines and the property’s tenant selection plan and documented in the Homeless Management Information System (HMIS).

This waiting list will not have a preference designation since all additions to the list will immediately be designated for specific units within the PBV portfolio. The only qualifier will be whoever is determined to be the most vulnerable based upon the CES prioritization process.

Disapproval By Landlord [24 CFR 983.251(E)(2)]
If a PBV owner rejects a family for admission to the owner’s units, such rejection shall not affect the family’s position on the tenant-based voucher waitlist. Rejection by the PBV owner, however, shall be grounds for removal from the PBV waitlist. Upon request, the owner shall provide the Housing Authority with the basis for which an applicant was denied admission.

Moves
Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.259] If the Housing Authority determines that a family is occupying a wrong size unit, based on the Housing Authority’s subsidy standards, or a unit with accessibility features that the family does not require, and the unit is needed by a family that does require the features, the Housing Authority must promptly notify the family and the owner of this determination, and the Housing Authority must offer the family the opportunity to receive continued housing assistance in another unit. If the Housing Authority offers the family a tenant-based voucher, the Housing Authority must terminate the housing assistance payments for a wrong-sized or accessible unit at expiration of the term of the family’s voucher (including any extension granted by the Housing Authority). If the Housing Authority offers the family another form of assistance that is not a tenant-based voucher, such as another PBV unit, and the family does not accept the offer, does not move out of the PBV unit within a reasonable time as determined by the Housing Authority, or both, the Housing Authority must terminate the housing assistance payments for the unit at the expiration of a reasonable period, generally 30 days from the date of the offer to accept the offer and move out of the PBV unit. If the family does not move out within this 30-day time frame, the Housing Authority will terminate the housing assistance payments at the expiration of this 30- day period. The Housing Authority may make exceptions to this 30-day period if needed for reasons beyond the family’s control such as death, serious illness, or other medical emergency of a family member.

Family Choice to Move with Continued Assistance
A family who resides in a Project-Based V oucher unit for at least 12 months may move with continued assistance with a tenant-based Housing Choice V oucher or its equivalent if and when 86 SCHA Admin Plan 2006
Amended Aug 2023
one is available. The family must give advance written notice to the owner in accordance with the lease and provide a copy of such notice to the Housing Authority. If the family wishes to move with continued tenant-based assistance, the family must contact the Housing Authority to request the rental assistance prior to providing notice to terminate the lease. If the family terminates the lease in accordance with these requirements, the Housing Authority will offer the family the opportunity for continued tenant-based assistance, in the form of a voucher. If a voucher not immediately available upon termination of the family’s lease in the PBV unit, the Housing Authority will give the family priority to receive the next available opportunity for continued tenant-based assistance. If the family terminates the assisted lease before the end of the first year, the family relinquishes the opportunity for continued tenant-based assistance.

Rent Calculation
HUD regulations provide that the PBV rents must be rent reasonable in relation to rents charged in the private market for comparable unassisted units in the area. The Housing Authority will use its standard Rent Reasonableness determinations (See Chapter 8).

Contract rents are limited to 110 percent of the established FMR or HUD-approved “exception payment standard” and include the utility allowance for both the initial rent and annual adjustments.

For certain tax credit units, the rent limits are determined differently than other PBV units. The Housing Authority will follow HUD regulations in determining rent limits for these units.

The Housing Authority will provide PBV assistance only in accordance with HUD subsidy layering regulations (24 CFR 4.13) and other requirements. When a subsidy layering review is conducted, the Housing Authority may not enter an Agreement or HAP contract until HUD or an independent entity approved by HUD has conducted any required subsidy layering review and determined that the PBV assistance is in accordance with HUD subsidy layering requirements.

The subsidy layering review is intended to prevent excessive public assistance for the housing by combining (layering) housing assistance payment subsidy under the PBV program with other governmental housing assistance from federal, state, or local agencies, including assistance such as tax credits.

NOTE: When determining comparability, the units in the building receiving a Low-Income Housing Tax Credits (LIHTC) shall not be used since these units are considered to be assisted units.

Exception Categories
(a) Homeless. The units are specifically made available to house individuals and families who meet the definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) and contained in the Continuum of Care Interim Rule at 24 CFR §578.3.

The definition of homeless is included below for convenience:
(i) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
87 SCHA Admin Plan 2006
Amended Aug 2023
• An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground.
• An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or
• An individual who is exiting an institution where he/she/they resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; (ii) An individual or family who will imminently lose their primary nighttime residence; (iii) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition; (iv) Any individual or family who:
• The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
• No subsequent residence has been identified; and
• The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks needed to obtain other permanent housing;
• Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 1437e-2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
• Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
• Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and
• Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health 88 SCHA Admin Plan 2006
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conditions, substance addiction, histories of domestic violence or childhood abuse (including neglect), the presence of a child or youth with a disability, or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
• Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
• Has no other residence; and
• Lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, to obtain other permanent housing. (b) Veterans.

The units are specifically made available to house families that are comprised of or include a veteran. A veteran is an individual who has served in the United States armed forces. The PHA may further define “veteran” in its Administrative Plan for purposes of determining if the units are eligible for this exception. For example, a PHA may choose to include in its definition of “veteran” an individual with an “other than dishonorable” discharge status who is ineligible for healthcare provided through the Veterans Health Administration.

PHAs have discretion in establishing verification of eligibility.

HUD-awarded vouchers specifically designated for project-based assistance out of HUD-V ASH appropriated funding are already excluded from the program cap and are not to be included under this ten percent (10%) exception category.
(c) Supportive services.

The units provide supportive housing to persons with disabilities or to elderly persons. For the purpose of this exception, supportive housing means: A project that makes supportive services available for all PBV assisted families in the project and provides a range of services tailored to the needs of the residents occupying such housing. Such supportive services need not be provided by the owner or on-site, but must be reasonably available to the families receiving PBV assistance in the project. A PBV assisted tenant must not be required to participate in the supportive services as a condition of living in an excepted unit. Such supportive services may include (but are not limited to):
• meal service adequate to meet nutritional need;
• housekeeping aid;
89 SCHA Admin Plan 2006
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• personal assistance;
• transportation services;
• health-related services;
• case management;
• child care;
• educational and employment services;
• job training;
• counseling; or
• other services designed to help the recipient live in the community as independently as possible.

In accordance with 24 CFR §983.354, with the exception of an assisted living facility, the owner of a PBV project may not require the assisted family to pay charges for meals or supportive services, and non-payment of such charges by the family is not grounds for termination of tenancy. In the case of an assisted living facility (as defined in 24 CFR §983.3) receiving PBV assistance, owners may charge families for meals or supportive services. These charges may not be included in the rent to owner or the calculation of reasonable rent. (d) Poverty rate of 20 percent or less. The units are in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey 5-Year Estimates.

A project that qualifies for the increased project cap at the time of HAP contract execution continues to qualify for the exception for the length of the contract regardless of changes in the poverty rate for the census tract in which the project is located. 90 Housing Choice Voucher
Administrative Plan Update

SUISUN CITY HOUSING AUTHORITY BOARD
AUGUST 15, 2023
Background
Housing Authority of Suisun City administers the Housing Choice Voucher Pr
ogram, commonly known as Section 8, under the U.S. Department of Housing and Urban
Development (HUD);
FY 2023-24: $2.5M allocated in subsidies known as Housing Assistance P
ayment (HAP);
Housing Authority ensures compliance with Code of Federal Regulations and the Suisun
City Housing Authority Administrative Plan;
1 2
91 Background
Suisun City was allotted 322 vouchers by HUD under its Annual Contributions Contract (ACC) for families who qualify for the program.  As of July 2023, only 205 vouchers (63%) are utilized.

Challenges for increasing voucher utilization:
 Low vacancy rate
 High asking prices for rent
Background
Staff recommends to work on new strategy for Suisun City known as Project-Based Voucher assistance.

Before Project-Based assistance can be implemented, it must be in the plans.
3 4
92 Strategy to
Increase
Utilization
Contract with multi-family complexes to provide
long-t
erm affordable units;
Subsidy tied to the contracted units and not the
te
nant;
HUD allows 20% of the total vouchers under the
ACC
to be project-based;
Additional 10% can be approved for specific
vulner
able populations identified by HUD such as
per
sons with disabilities, elderly, veterans, or
unhoused per
sons with supportive services.

Project-Based Vouchers
Strategy to
Increase
Utilization
Project-Based Vouchers
continued…
HUD’s Annual Contributions Contract
(ACC) Total
322
Current ACC Utilized 205
20% of ACC for Project-Based Vouchers 64
Additional 10% of ACC for Vulnerable
Populations in Project-Based Units
32 Total 301
Outcome:

Assist 96 additional Suisun families with low-income.
5 6
93 Fiscal Impact
The Project-Based Voucher Program is a part of the Housing Choice Voucher Program which is federally funded.

No impact on the General Fund.

Next Steps
Update the Administrative Plan. Draft included in your packet:
 Revision of Chapter 4 – Applications, Waiting List and Tenant Selection t
o include Project-Based waiting list guidelines.
 Addition of Chapter 17 – Project-Based Voucher (PBV) Program to comply with 24 Code of Federal Regulations 983.

Public Hearing and Approval of the 5-Year Public Housing Agency Plan Release RFP
7 8
94 Staff Recommendation
Adopt resolution approving revisions to Suisun City’s Housing Choice Voucher Administrative Plan required by the U.S. Department of Housing and Urban Development.

Jason Goltiao, Housing Programs Manager
[email protected]
O: (707) 421-7332
9 10
95 THIS PAGE INTENTIONALLY LEFT BLANK
96 SUISUN CITY MAYOR INFORMATIONAL REPORT
AUGUST 15, 2023

REGIONAL BOARDS / COMMISSIONS /COMMITTEES:
 Solano Transportation Authority Board Member (STA)
Solano County Water Agency Board Member (SCWA)
Capitol Corridor Joint Powers Authority (CCJPA)
SolTrans Board of Directors
Local Agency Formation Commissioner (Alternate) (LAFCO) CAP2 Solano JPA (Solano Regional Homelessness Board)
Solano Economic Development Center Board Member
Solano County Mayor’s Committee
City-County Coordinating Committee

Suisun City Committees / Ad-Hoc:
 Suisun-Solano Water Authority Executive Committee
Fairfield-Suisun Sewer District Executive Committee
Fairfield-Suisun Sewer District Board
Suisun City Environment and Climate Committee Chair
Suisun City / Fairfield-Suisun Unified School District Joint Advisory Committee 30 Acre Parcel Highway 12 and Marina Mixed Use Ad-Hoc Committee City Manager Evaluation 2023 Ad-Hoc Committee
Suisun City Economic Vitality Ad-Hoc Committee

Other:
 CASA Annual Conference

__________________________________________________________________________________________________

Page 1 of 2 ends

SSWA Executive Committee (August 7, 2023)
• Met with the Suisun-Solano Water Authority (SSWA) Executive Committee and provided direction on the next SSWA general board meeting.
• Information and updates were shared regarding the newly rolled out water bill payment system.

Was provided an update that customers will continue to see a convenience fee when paying by credit card online, this is a merchant credit transaction fee. • A future agenda item will include a booklet on the history of SSWA that will support the onboarding of new directors in regard to the relationship between Suisun City and Solano Irrigation District.

Solano Transportation Authority Board – August 9
th meeting Cancelled
• The Solano Transportation Authority board will not be meeting for the month of August. • The next meeting open to the public will be held on September 13, 2023, at the Solano Transportation Authority building (423 Main Street, Suisun City).

97 SUISUN CITY INFORMATIONAL REPORT, Page 2 of 2

California Association of Sanitation Agencies (CASA) Conference (August 9-11, 2023) • Attending the CASA 2023 Annual Conference in San Diego representing the Fairfield-Suisun Sewer District. From Suisun City, Mayor Hernandez and Mayor Pro Tem Washington are representing Suisun City.
• This conference will provide updates and training on policies, regulations, and changes in the industry.
• This year’s conference is “The New Water Era”. Throughout the event, speakers and panelists will share their stories about how to tackle complex issues such as mitigating system disruptions, biosolids management, advanced treatment, and recruiting new and diverse workforce. • A formal report on the conference experience will be provided at the next Fairfield-Suisun Sewer District meeting scheduled for Monday, August 28
th at the board chamber in the Fairfield-Suisun
Sewer District offices (1010 Chadbourne Road, Fairfield). 98

Suisun City City CouncilAugust 15, 2023

Suisun City City Council
August 15, 2023