18 hereof, or any other Applicable Legal Requirements;
(2)Lessee voluntarily or involuntarily assigns, transfers or attempts to transfer or assign this Agreement or any rights in this Agreement, or in the Premises, except as permitted by this Agreement;
(3)Lessee fails to pay real estate taxes or assessments on the Premises or any part thereof when due and that are required to be paid by Lessee under this Agreement, or places thereon any encumbrance or lien unauthorized by this Agreement, or suffers any levy or attachment to be made, or any material supplier’s or mechanic’s lien or any other unauthorized encumbrance or lien to attach, and such taxes or assessments have not been paid, or the encumbrance or lien removed or discharged; provided, however, that Lessee will have the right to contest any tax or assessment pursuant to this Agreement and, upon the posting of an adequate bond or other security, to contest any such lien or encumbrance. In the event of any such contest, Lessee will protect, indemnify, and hold Lessor and City harmless against all losses and damages, including reasonable attorneys’ fees and costs resulting therefrom;
(4)Lessee (i) is adjudicated bankrupt or insolvent or made a transfer in defraud of creditors, (ii) makes an assignment for the benefit of creditors, or (iii) brings or has brought against Lessee any action or proceeding of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event such proceedings are involuntary, Lessee is not dismissed from the same within sixty (60) days thereafter; or, a receiver is appointed for a substantial part of the assets of Lessee and such receiver is not discharged within sixty (60) days;
(5)Lessee breaches any other material provision of this Agreement; (6)Lessee fails to comply with the requirements of or causes a breach of any material provision of the Funding Agreements or Regulatory Agreements or any other agreement between Lessor or City and Lessee relating to the Premises; or
(7)Lessee fails to pay any portion of rent or other payments when due in accordance with the terms and provisions of this Agreement. (8)Notification and Lessor/City Remedies. Upon the occurrence of an Event of Default, and prior to exercising any remedies, Lessor and/or City as applicable, will notify Lessee in writing at the address listed in Article 24 hereof of the Lessee’s purported breach, failure, or act, subject to the cure rights in Section 12.2. Upon the expiration of the applicable notice and cure period described in Section 12.2, Lessor and City will have the right to exercise all legal and equitable remedies, including, without limitation, the right to terminate this Agreement or to seek specific performance of all or any part of this Agreement. In addition, where applicable, Lessor and City will have the right (but not obligation) to cure (or cause to be cured) on behalf of Lessee any Event of Default; Lessee will pay to Lessor and/or City, as the case may be, on demand all reasonable costs and expenses incurred by Lessor or City effecting such cure, with interest thereon from the date of incurrence at the maximum rate then permitted by law. Lessor and City will have the right to offset from any amounts due to Lessee under this Agreement or any other agreement between Lessor and/or City and Lessee: (i) all damages, losses, reasonable costs or expenses incurred by Lessor or City as a result of an Event of Default; and (ii) any liquidated damages levied
19 upon Lessee pursuant to the terms of this Agreement; and (iii), any damages imposed by any ordinance or statute that is incorporated into this Agreement by reference, or into any other agreement with the Lessee, Lessor or City. This Section 12.6.1 will survive termination of this Agreement.
12.3.2. All remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The exercise of any remedy will not preclude or in any way be deemed to waive any other remedy. Nothing in this Agreement will constitute a waiver or limitation of any rights that Lessor or City may have under applicable law.
12.3.3. Default by Firm.
Subject to the notice and cure rights under Section 12.2, the following events each constitute a basis for the City to take action against Firm (each, an “Event of Firm Default”):
(1) Firm fails to comply or to cause Lessee to comply with the permitted uses set forth in Article 5 hereof, or any other Applicable Legal Requirements;
(2) Firm voluntarily or involuntarily assigns, transfers or attempts to transfer or assign this Agreement or any rights in this Agreement, or in the Premises, except as permitted by this Agreement;
(3) Firm fails to pay real estate taxes or assessments on the Premises or any part thereof when due and that are required to be paid by Firm under this Agreement, or places thereon any encumbrance or lien unauthorized by this Agreement, or suffers any levy or attachment to be made, or any material supplier’s or mechanic’s lien or any other unauthorized encumbrance or lien to attach, and such taxes or assessments have not been paid, or the encumbrance or lien removed or discharged; provided, however, that Firm will have the right to contest any tax or assessment pursuant to this Agreement and, upon the posting of an adequate bond or other security, to contest any such lien or encumbrance. In the event of any such contest, Firm will protect, indemnify, and hold City harmless against all losses and damages, including reasonable attorneys’ fees and costs resulting therefrom;
(4) Firm (i) is adjudicated bankrupt or insolvent or made a transfer in defraud of creditors, (ii) makes an assignment for the benefit of creditors, or (iii) brings or has brought against Firm any action or proceeding of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event such proceedings are involuntary, Lessor is not dismissed from the same within sixty (60) days thereafter; or, a receiver is appointed for a substantial part of the assets of Firm and such receiver is not discharged within sixty (60) days;
(5) Firm breaches any other material provision of this Agreement; (6) Firm fails to comply with the requirements of or causes a breach of any material provision of the Funding Agreements or Regulatory Agreements or any other agreement between Firm and City or any other party relating to the Premises; or
(7) Firm fails to pay any payments when due in accordance with the terms and provisions of any Agreement relating to the Premises.
20 (8) Notification and City Remedies. Upon the occurrence of an Event of Default, and prior to exercising any remedies, City will notify Firm in writing at the address listed in Article 24 hereof of the Firm’s purported breach, failure, or act, subject to the cure rights in Section
12.2. Upon the expiration of the applicable notice and cure period described in Section 12.2, City will have the right to exercise all legal and equitable remedies, including, without limitation, the right to terminate this Agreement or to seek specific performance of all or any part of this Agreement. In addition, where applicable, City will have the right (but not obligation) to cure (or cause to be cured) on behalf of Firm any Event of Default; Firm will pay to City, on demand all reasonable costs and expenses incurred by City in effecting such cure, with interest thereon from the date of incurrence at the maximum rate then permitted by law. City will have the right to offset from any amounts due to Lessor under this Agreement or any other agreement between Firm and City: (i) all damages, losses, reasonable costs or expenses incurred by City as a result of an Event of Default; and (ii) any liquidated damages levied upon Firm pursuant to the terms of any Agreement; and (iii), any damages imposed by any ordinance or statute that is incorporated into this Agreement by reference, or into any other agreement with the Lessee, Firm or City. This Section 12.6.1 will survive termination of this Agreement.
12.3.4. All remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The exercise of any remedy will not preclude or in any way be deemed to waive any other remedy. Nothing in this Agreement will constitute a waiver or limitation of any rights that Lessor or City may have under applicable law.
13. DAMAGE AND DESTRUCTION
13.1. Notification to Lessor and City. If the Premises or any part thereof are damaged or destroyed by fire or other casualty, Lessee will notify Lessor and City of such damage or destruction within twenty-four (24) hours of the casualty. In the event of natural disaster, the notice period may be extended as needed due to affected communication capabilities. Lessee will also comply with the Disaster and Emergency Response Plan, as approved by City in accordance with Section 5.13 hereof.
13.2. Insured Casualty. If the Premises or any part thereof are damaged or destroyed by any cause that is covered by any policy of insurance required to be maintained by Lessee or Firm under this Agreement, the Funding Agreements or the Regulatory Agreements, Lessee and Firm will promptly report the claim to the applicable insurance carrier and thereafter apply any insurance proceeds to promptly commence and diligently complete the restoration of the Premises as nearly as possible to the condition thereof before such damage or destruction. Lessee and Firm will provide regular updates to each other and City on the status of such restoration. Lessee shall have no obligation to utilize any other funds or assets of the Lessee to restore the Premises, except Lessee shall have sole responsibility for funding any restoration caused or exacerbated by its negligence, willful misconduct, or material breach of any term of this Agreement beyond applicable notice and cure periods. Lessee and Firm shall use all efforts to obtain the maximum amount of insurance proceeds, or other payment from any insurance provider; provided, however, Lessee and Firm will notify each other and City promptly and will not consent to any settlement or adjustment of an insurance award without the City's written approval, which approval may be withheld in their sole and absolute discretion.
21 13.3. Uninsured Casualty. If 1) the Premises or any part thereof are damaged or destroyed by any cause that is not wholly or partially covered by any policy of insurance required to be maintained by Lessee or Firm under this Agreement, 2) such damage or destruction is not attributable to, or exacerbated by, any act or omission of Lessee, its officers, agents, Invitees (other than PSH Residents) or employees, and 3) such damage or destruction was not caused by Lessee’s negligence, willful misconduct, or material breach of any term of this Agreement , Lessee may request adjustments to the Annual Operating Budget, including but not limited to use of Project Reserves to pay for all of the reasonable repair costs and expenses, which Lessor, and or City may approve in their sole and absolute discretion and subject to City Council approval. Upon receipt of such funds, Lessee will, with the prior written approval of Lessor and City in their sole and absolute discretion, promptly commence and diligently complete the restoration of the Premises as nearly as possible to the condition thereof before such damage or destruction, or as may be directed by Lessor and City. Lessee will provide regular updates to Lessor and City on the status of such restoration. The Parties agree and acknowledge that nothing in this Section shall be deemed to require the Lessee to fund any repair work that is not paid for by insurance proceeds, except to the extent such damage or destruction is attributable to, or exacerbated by, any act or omission of Lessee, its officers, agents, Invitees (other than PSH Residents) or employees, and/or such damage or destruction was caused by Lessee’s negligence, willful misconduct, or material breach of any term of this Agreement.
13.4. Unavailable Funds. If insurance proceeds or other funds to cover the reasonable repair costs of such damage or destruction cannot be identified within ninety (90) days after the date of such casualty, unless extended by Lessor, City and Lessee, Lessor, City or Lessee or Lessee will have the option to terminate this Agreement as of a date specified in a written notice to the other Party, which date will be not less than ninety (90) days after notice is given by Lessor, City or Lessee. In the event of termination of this Agreement, pursuant to this Section, Lessee will pay rent and other amounts due hereunder up to the date of termination. The termination right set forth in this Section is in addition to, and shall not be limited by, any other termination right set forth elsewhere in this Agreement, including, but not limited to Section 3.2.
13.5. Casualty Caused by Lessee. Notwithstanding anything to the contrary in this Agreement, Lessee will be responsible for its proportionate share of the costs of repairing such damage or destruction to the Premises in the event the damage or destruction is attributable to any act or omission of Lessee, its officers, agents, Invitees (other than PSH Residents), or employees, in which event Lessee will indemnify Lessor and City in accordance with Article 14 hereof and Lessor and City may opt to immediately terminate this Agreement and thereafter seek all available remedies at law and/or as provided in this Agreement, at no cost to Lessor or City; provided, however, Lessee shall not be liable for any damage or destruction caused by any acts of a PSH Resident, except to the extent such damage or destruction is attributable to, or exacerbated by, any act or omission of Lessee, its officers, agents, Invitees (other than PSH Residents) or employees, and/or such damage or destruction was caused by Lessee’s negligence, willful misconduct, or material breach of any term of this Agreement.
13.6. Restoration. Lessee, Lessor and City may, at City’s discretion, collaborate to develop plans to restore the Premises as nearly as possible to the condition thereof immediately before such casualty (taking into account reasonable wear and tear on or about the Premises and the required use of the Premises). Upon City’s or Lessor’s request, Lessee shall have an affirmative obligation to promptly provide City and Lessor with restoration plans and proposed costs, and the Lessee’s reasonable costs and expenses to prepare such plans shall be deemed to be Project Expenses. Lessee will also consult with City regarding any necessary temporary relocation created by such casualty or
22 restoration, and such reasonable costs and expenses, if approved by City, shall be deemed to be Project Expenses.
13.7. Lessee’s Personal Property. In no event will Lessor or City be responsible for any damage to Lessee’s Personal Property, except for damages caused by the gross negligence or willful misconduct of Lessor or City, which responsibility shall be that of the damaging party.
13.8. Waiver. Lessor, City and Lessee intend that the provisions of this Section govern fully in the event of any damage or destruction and accordingly, City, Lessor and Lessee each hereby waive the provisions of Sections 1932(2), 1933(4), 1941 and 1942 of the California Civil Code, as such sections may from time to time be amended, replaced, or restated.
13.9. This Article will survive termination of this Agreement. Lessee’s failure to comply with its obligations under this Article will constitute a material breach of this Agreement; provided however, that Lessee shall have no continuing obligation to effect repairs and restoration of the Premises after expiration or termination of this Agreement, but Lessee may continue to be responsible for payment of restoration costs, indemnification, and any other remedies as described in this Agreement.
13.10. Lessor Notification to City. If the Premises or any part thereof are damaged or destroyed by fire or other casualty, Lessor will notify City of such damage or destruction within twenty-four (24) hours of the casualty. Lessor will also comply with the Disaster and Emergency Response Plan, as approved by City in accordance with Section 5.13 hereof.
13.11. Insured Casualty. If the Premises or any part thereof are damaged or destroyed by any cause that is covered by any policy of insurance required to be maintained by Lessor and/or Lessee under this Agreement, the Funding Agreements or the Regulatory Agreements, Lessor and Lessee, as applicable, will promptly report the claim to the applicable insurance carrier and thereafter apply any insurance proceeds to promptly commence and diligently complete the restoration of the Premises as nearly as possible to the condition thereof before such damage or destruction. Lessor will provide regular updates to City on the status of such restoration. City shall have no obligation to utilize any other funds or assets of the City to restore the Premises, Lessor and Lessee shall use all efforts to obtain the maximum amount of insurance proceeds, or other payment from any insurance provider; provided, however, Lessor will notify the City promptly and will not consent to any settlement or adjustment of an insurance award without the City's written approval, which approval may be withheld in the City’s sole and absolute discretion.
13.12. Uninsured Casualty. If 1) the Premises or any part thereof are damaged or destroyed by any cause that is not wholly or partially covered by any policy of insurance required to be maintained by Lessor pursuant to any agreement, Lessor shall be required to utilize Lessor’s own funds to pay for all of the reasonable repair costs and expenses, which City may approve in its sole and absolute discretion and subject to City Council approval. Upon receipt of such funds, Lessor will, with the prior written approval of City in its sole and absolute discretion, promptly commence and diligently complete the restoration of the Premises as nearly as possible to the condition thereof before such damage or destruction, or as may be directed by City. Lessor will provide regular updates to City on the status of such restoration.
13.13. Unavailable Funds. If insurance proceeds or other funds to cover the reasonable repair costs of such damage or destruction cannot be identified within ninety (90) days after the date of such casualty, unless extended by City, City will have the option to terminate this Agreement as of a date specified in a written notice to the other Party,
23 which date will be not less than ninety (90) days after notice is given by City. The termination right set forth in this Section is in addition to, and shall not be limited by, any other termination right set forth elsewhere in this Agreement, including, but not limited to Section 3.2.
13.14. Casualty Caused by Lessor. Notwithstanding anything to the contrary in this Agreement, Lessor will be responsible for its proportionate share of the costs of repairing such damage or destruction to the Premises in the event the damage or destruction is attributable to any act or omission of Lessor, its officers, agents, Invitees or employees, in which event Lessor will indemnify City in accordance with Article 14 hereof and City may opt to immediately terminate this Agreement and thereafter seek all available remedies at law and/or as provided in this Agreement, at no cost to City; provided, however, Lessor shall not be liable for any damage or destruction caused by any acts of a PSH Resident, except to the extent such damage or destruction is attributable to, or exacerbated by, any act or omission of Lessor, its officers, agents, Invitees (other than PSH Residents) or employees, and/or such damage or destruction was caused by Lessor’s negligence, willful misconduct, or material breach of any term of this Agreement.
13.15. Restoration. Lessor and City may, at City’s discretion, collaborate to develop plans to restore the Premises as nearly as possible to the condition thereof immediately before such casualty (taking into account reasonable wear and tear on or about the Premises and the required use of the Premises). Upon City’s request, Lessor shall have an affirmative obligation to promptly provide City with restoration plans and proposed costs, and the Lessor’s reasonable costs and expenses to prepare such plans shall be deemed to be Project Expenses. Lessor will also consult with City regarding any necessary temporary relocation created by such casualty or restoration, and such reasonable costs and expenses, shall be borne by Lessor.
13.16. Lessor’s Personal Property. In no event will City be responsible for any damage to Lessor’s Personal Property.
13.17. Waiver. Lessor, City and Lessee intend that the provisions of this Section govern fully in the event of any damage or destruction and accordingly, City, Lessor and Lessee each hereby waive the provisions of Sections 1932(2), 1933(4), 1941 and 1942 of the California Civil Code, as such sections may from time to time be amended, replaced, or restated.
13.18. This Article will survive termination of this Agreement. Lessor’s failure to comply with its obligations under this Article will constitute a material breach of this Agreement; provided however, that Lessor shall have no continuing obligation to effect repairs and restoration of the Premises after expiration or termination of this Agreement, but Lessor may continue to be responsible for payment of restoration costs, indemnification, and any other City remedies as described in this Agreement.
14. INDEMNIFICATION; DAMAGE; HAZARDOUS MATERIALS
14.1. General Indemnification (Lessee). Neither Lessor nor City will in any event whatsoever be liable for any injury or damage to any person or property occurring on or about the Site, for any injury or damage to the Premises, or to any property of Lessee, or to any property of PSH Residents, or any other person, entity or association on or about the Site, nor any payment, repayment, expense, liability, fine, loss, damage or other obligation arising out of or relating to a Breach of this Agreement, the Regulatory Agreements or Funding Agreements (Losses), unless arising from or related to: (i) physical or environmental condition of the Premises existing prior to the Effective Date, or (ii) any gross negligence or willful misconduct of the Lessor, City or any of
24 their officials, officers, agents or employees. Lessee will immediately defend, hold harmless and indemnify the Lessor and City and their respective officials, officers, agents, and employees, of and from all Losses directly or indirectly arising from Lessee’s tenancy, Lessee’s use of the Site, including adjoining sidewalks and streets, and any of its operations and activities thereon or connected thereto, Lessee’s breach of this Agreement or any obligation of Lessor or City relating to the Funding Agreements or the Regulatory Agreements; provided, however, that this Article 14 will not be deemed or construed to and will not impose an obligation to defend, indemnify, and save harmless the Lessor, City or any of their respective officials, officers, agents or employees from any Losses arising from or in any way related to or connected with: (i) physical or environmental condition of the Premises existing prior to the Effective Date; or (ii) gross negligence or willful misconduct of the Lessor or City or any of their officials, commissioners, officers, agents, or employees. Upon termination of this Agreement, Lessee will indemnify Lessor and City against and hold Lessor and City harmless from any and all costs, liabilities, losses, damages or expenses (including, without limitation, reasonable attorneys' fees) arising out of Lessee’s negligence or material breach of Lessee’s obligations under this Agreement, beyond applicable notice and cure periods, occurring prior to the date of termination of this Agreement; provided that nothing in this Section shall obligate Lessee to indemnify Lessor or City with respect to the physical or environmental condition of the Premises as of the Effective Date, including, but not limited to any latent defect existing on or about the Premises as of the Effective Date, or any claim by any PSH Resident arising after the termination of this Agreement, except to the extent arising out of an uncured breach of Lessee’s obligations under the PSH Leases prior to the termination of this Agreement.
14.2. General Indemnification (Lessor). City will not in any event whatsoever be liable for any injury or damage to any person or property occurring on or about the Site, for any injury or damage to the Premises, or to any property of Lessor, or to any property of PSH Residents, or any other person, entity or association on or about the Site, nor any payment, repayment, expense, liability, fine, loss, damage or other obligation arising out of or relating to a Breach of this Agreement, the Regulatory Agreements or Funding Agreements (Losses), unless arising from or related to the gross negligence or willful misconduct of the City or any of its officials, officers, agents or employees. Lessor will immediately defend, hold harmless and indemnify the City and its officials, officers, agents, and employees, of and from all Losses directly or indirectly arising from Lessor’s ownership of the Project, Lessor’s use of the Site, including adjoining sidewalks and streets, and any of its operations and activities thereon or connected thereto; Lessor’s breach of this Agreement or any obligation of Lessor or City relating to the Funding Agreements or the Regulatory Agreements provided, however, that this Article 14 will not be deemed or construed to and will not impose an obligation to defend, indemnify, and save harmless the City or any of its officials, officers, agents or employees from any Losses arising from or in any way related to or connected with the gross negligence or willful misconduct of the City or any of its officials, commissioners, officers, agents, or employees. Upon termination of this Agreement, Lessor will indemnify City against and hold City harmless from any and all costs, liabilities, losses, damages or expenses (including, without limitation, reasonable attorneys' fees) arising out of Lessor’s negligence or material breach of Lessor’s obligations under any Agreement, beyond applicable notice and cure periods, occurring prior to the date of termination of this Agreement.
14.3. Hazardous Materials.
14.3.1. Lessee covenants and agrees that it will not, and will take all efforts to ensure that Lessee’s Agents and Invitees do not, cause or permit any Hazardous Substance to be brought upon, kept, used, stored, generated or disposed of in, on or about the Premises or transported to or from the Premises in violation of
25 Environmental Laws (as defined herein) without the prior written approval of the Lessor and City.
14.3.2. Lessor covenants and agrees that it will not and will take all efforts to ensure that Lessor’s Agents and Invitees do not cause or permit any Hazardous Substance to be brought upon, kept, used, stored, generated or disposed of in, on or about the Premises or transported to or from the Premises in violation of Environmental Laws (as defined herein) without the prior written approval of the City.
14.3.3. Lessee will not, and Lessee will use all efforts to ensure that Lessee’s Agents and Invitees do not cause any Release (as defined herein) of Hazardous Substances in, on, under or about the Premises.
14.3.4. Lessor will not, and Lessor will use all efforts to ensure that Lessee’s Agents and Invitees do not, cause any Release (as defined herein) of Hazardous Substances in, on, under or about the Premises.
14.3.5. Lessee will indemnify, defend, and hold the Lessor and City, and their respective officials, officers, agents and employees (individually, an “Indemnified Party” and collectively, the “Indemnified Parties”) harmless from and against any and all losses, costs, claims, damages, liabilities, and causes of action of any nature whatsoever (including, without limitation, the reasonable fees and disbursements of counsel and engineering consultants) incurred by or asserted against any Indemnified Party in connection with, arising out of, in response to, or in any manner relating to Lessee’s violation of any Environmental Law, or any Release caused or exacerbated by Lessee or Lessee’s Agents or Invitees, threatened Release caused or exacerbated by Lessee or Lessee’s Agents or Invitees and any condition or Hazardous Substance related nuisance on, under or from the Premises caused or exacerbated by Lessee or Lessee’s Agents or Invitees, except to the extent it arises from the existing condition of the Premises as of the Effective Date (including any Hazardous Substance related nuisance on, under, or from the Premises) or any gross negligence or willful misconduct of the City or any of its officials, officers, agents or employees.
14.3.6. Lessor will indemnify, defend, and hold the City, and it’s officials, officers, agents and employees (individually, an “Indemnified Party” and collectively, the “Indemnified Parties”) harmless from and against any and all losses, costs, claims, damages, liabilities, and causes of action of any nature whatsoever (including, without limitation, the reasonable fees and disbursements of counsel and engineering consultants) incurred by or asserted against any Indemnified Party in connection with, arising out of, in response to, or in any manner relating to Lessor’s violation of any Environmental Law, or any Release caused or exacerbated by Lessor or Lessor’s contractors, sub-contractors, officials employees, Agents or Invitees (“Lessor Indemnitors”) , threatened Release caused or exacerbated by Lessor Indemnitors or any condition or Hazardous Substance related nuisance on, under or from the Premises caused or exacerbated by Lessor to the extent it arises from the existing condition of the Premises as of the Effective Date (including any Hazardous Substance related nuisance on, under, or from the Premises), except to the extent arising from the gross negligence or willful misconduct of the City or any of its officials, officers, agents or employees.
14.3.7. For purposes of this Section, the following definitions will apply:
26 14.3.7.1. “Hazardous Substance” will have the meaning set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended as of the date of this Agreement, 42 U.S.C. 9601(14), and in addition will include, without limitation, petroleum (including crude oil or any fraction thereof) and petroleum products, asbestos, asbestos-containing materials, polychlorinated biphenyls (“PCBs”), PCB-containing materials, all hazardous substances identified in the California Health & Safety Code Section 25316 and Section 2528 l(d), all chemicals listed pursuant to the California Health & Safety Code 25249.8, and any substance deemed a hazardous substance, hazardous material, hazardous waste, or contaminant under Environmental Law. The foregoing definition will not include substances which occur naturally on the Site or that which are reasonably and customarily used in the operation and maintenance of a multifamily housing development.
14.3.7.2. “Environmental Law” will include all federal, state and local laws, regulations and ordinances governing hazardous waste, wastewater discharges, drinking water, air emissions, Hazardous Substance releases or reporting requirements, Hazardous Substance use or storage, and employee or community right-to- know requirements related to the work being performed under this Agreement.
14.3.7.3. “Release” will mean any spillage, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discharging of barrels, containers, and other closed receptacles containing any Hazardous Substance.
14.4. This Article 14 will survive termination of this Agreement. Lessee’s or Lessor’s failure to comply with its obligations under this Article will constitute a material breach of this Agreement.
15. INSURANCE
15.1 During the Term, Lessee will procure and maintain insurance against claims for injuries to persons or damage to property that may arise from or in connection with the operations or performance of any work by the Lessee, its agents, representatives, employees, contractors, subcontractors and the Lessee’s, agents, representatives, employees, guests, invitees, or PSH Residents use and occupancy of the Premises.
15.2 During the Term, Firm will procure and maintain insurance against claims for injuries to persons or damage to property that may arise from or in connection with the operations or performance of any work by Firm, its agents, representatives, employees, contractors, subcontractors and Firm’s, agents, representatives, employees, guests, invitees, or PSH Residents use and occupancy of the Premises.
15.3 Minimum Scope of Insurance. Without in any way limiting Firm’s or Lessee’s liability pursuant to this Agreement, Firm and Lessee must maintain in force, during the Term, and cause its contractors, subcontractors, and/or agents, as appropriate for each, insurance in the following amounts and coverages, as may be amended by City from time to time:
(a) Commercial General Liability Insurance with limits not less than $5,000,000 each occurrence for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations. Policy must include Abuse and Molestation coverage; or Lessee shall procure and maintain a standalone Sexual Abuse and Molestation Insurance Policy with a limit of no less than $1,000,000 per claim or per occurrence coverage.
(b) Commercial Automobile Liability Insurance with limits not less than
27 $1,000,000 each occurrence, “Combined Single Limit” for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable. (c) Workers’ Compensation insurance as required by the State of California with Statutory Limits and Employers’ Liability Insurance with limit no less than $1,000,000 for accident, bodily injury, diseases or illness.
(d) Professional Liability Insurance, applicable to Lessee’s profession, with limits not less than $2,000,000 for each claim with respect to negligent acts, errors or omissions in connection with this Agreement.
(e) Pollution Liability Insurance applicable to Lessee’s activities and responsibilities under this Agreement with limits not less than $2,000,000 each occurrence combined single limit, including coverage for on-site third-party claims for bodily injury and property damage.
(f) A crime policy or fidelity bond covering Lessee’s officers and employees against dishonesty with respect to the funds advanced by the City of no less than 20% of the Annual Operating Budget each loss, with any deductible not to exceed $10,000 each loss, including the City as additional obligee or loss payee. (g) Property insurance, excluding earthquake, in the amount no less than One Hundred Percent (100%) of replacement value of the Premises, all Lessee improvements, betterments, personal and business property, and all Lessor and City personal property in the care, custody, and control of the Lessee or its contractor.
15.4 Additional Insured Endorsements
(a) The Commercial General Liability policy must be endorsed to name as Additional Insured the City of Vallejo, the Vallejo Housing Authority, Lessor and each of their respective Officers, Officials, Agents, Employees, and Volunteers. (b) The Commercial Automobile Liability Insurance policy must be endorsed to name as Additional Insured the City of Vallejo , the Vallejo Housing Authority, Lessor and each of their respective Officers, Officials, Agents, Employees, and Volunteers.
15.5 Waiver of Subrogation Endorsements. The Workers’ Compensation policy(ies) shall be endorsed with a waiver of subrogation in favor of the City, the Vallejo Housing Authority, Lessor and each of their respective Officers, Officials, Agents, Employees, Volunteers for all work performed by the Lessee, its employees, agents and subcontractors. Lessee, Lessor and the City hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, All Risks or other insurance now or hereafter existing for the benefit of the respective party but only to the extent of the net insurance proceeds payable under such policies.
15.6 Primary Insurance
(a) The Commercial General Liability policy shall provide that such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that the insurance applies separately to each insured against whom claim is made or suit is brought. (b) The Commercial Automobile Liability Insurance policy shall provide that such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that the insurance applies separately to each insured against whom claim is made or suit is brought.
28 (c) The Pollution Liability Insurance policy shall provide that such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that the insurance applies separately to each insured against whom claim is made or suit is brought.
15.7 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions in excess of $50,000 must be declared to and approved by the City and Lessor. At the option of City or Lessor, either: the insurer will reduce or eliminate the deductibles or self-insured retentions with respect to the City and Lessor and their respective officials, members, officers, agents, and employees; or the Lessee must procure a financial guarantee satisfactory to the City and Lessor guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
15.8 Other Insurance Requirements
Any insurance required by this Article 15 must also meet the following requirements:
(a) Thirty (30) days’ advance written notice shall be provided to the City and Lessor of cancellation, intended non-renewal, or reduction in coverages, except for non-payment for which no less than ten (10) days’ notice shall be provided to City and Lessor. Notices shall be sent to the Parties address set forth in Article 25 entitled “Notices and Consents.”
(b) Should any of the required insurance be provided under a claims-made form, Lessee shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of eleven years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.
(c) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above. (d) Should any required insurance of Lessee lapse during the term of this Agreement, requests for payments originating after such lapse shall not be processed until the City and Lessor each receive satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City or Lessor may, terminate this Agreement effective on the date of such lapse of insurance. (e) Should any required insurance of Lessor lapse during the term of this Agreement, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may at its sole discretion terminate this Agreement effective on the date of such lapse of insurance. (f) Before the Effective Date, Lessee shall furnish to City and Lessor certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City and Lessor, in form evidencing all coverages set forth above. Approval of the insurance by City and/or Lessor shall not relieve or decrease Lessee’s liability hereunder.
(g) Before the Effective Date, Lessor shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A- VIII or higher, that are authorized to do business in the State of California, and that are
29 satisfactory to City in form evidencing all coverages set forth above. Approval of the insurance by City shall not relieve or decrease Lessee’s liability hereunder. (h) If Lessee or Lessor will use any contractor or subcontractor(s), Lessee or Lessor as applicable shall require the contractor or subcontractor(s) to provide all necessary insurance and to name the City of Vallejo, the Vallejo Housing Authority, the Lessor and their respective officials, officers, agents and employees and the Lessee as additional insureds. All coverage for such contractor and subcontractor(s) will be subject to all of the requirements stated herein unless otherwise approved by the City and Lessor.
16. COMPLIANCE WITH SITE-RELATED AND LEGAL REQUIREMENTS
16.1. Compliance with Legal Requirements. Lessee and Firm will comply with all Applicable Legal Requirements, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force, with the requirements of any board of fire underwriters or other similar body now or hereafter constituted, with any direction or occupancy certificate issued pursuant to any law by any public officer or officers, with respect to the condition, use or occupancy of the Premises. In the event Lessee or Firm contests any Applicable Legal Requirement, Lessee and/or Firm, as applicable, will not be obligated to comply therewith to the extent that the application of the contested law, statute, ordinance, rule, regulation or requirement is stayed by the operation of law or administrative or judicial order. Lessee will Indemnify Firm and City for any Loss relating to any such contest by Lessee. Lessor will Indemnify City for any Loss relating to any such contest by Lessor.
16.2. Regulatory Approvals and Agreements. Lessee and Lessor understand and agrees that the City is entering into this Agreement in its capacity as an option holder, future landowner and funder with proprietary, financial, and future ownership interest in the Premises and not as a regulatory agency with certain police powers. Lessee and Lessee understand and agree that neither entry by the City into this Agreement nor any approvals given by the City under this Agreement will be deemed to imply that Lessee or Lessor will obtain any required approvals from City departments, boards or commissions that have jurisdiction over the Premises. By entering into this Agreement, the City is in no way modifying or limiting the obligations of Lessee and Lessor to lease and operate the Premises in accordance with all Applicable Legal Requirements, Funding Agreements, Regulatory Agreements and as provided in this Agreement.
17. ENTRY
17.1. The Lessor and City reserves for themselves, and their respective authorized representatives the right to enter the Premises at all reasonable times during normal business hours upon not less than forty-eight (48) hours’ written notice to Lessee (except in the event of an emergency), subject to the rights of the PSH Residents and others lawfully permitted on the Property, for any of the following purposes:
17.1.1 to determine whether the Premises in in good condition and to inspect the Premises;
17.1.2 to determine whether Lessee is in compliance with its Agreement obligations and to cure or attempt to cure any Lessee default;
17.1.3. to serve, post or keep posted any notices required or allowed under any of the provisions of this Agreement; and
17.1.4 to do any maintenance or repairs to the Premises that the City has the right or the obligation, if any, to perform hereunder.
30 17.2. In the event of any emergency, as reasonably determined by the Lessor and/or City, at their sole option and without notice, the City may enter the Premises and alter or remove any Lessee’s personal property on or about the Premises as reasonably necessary, given the nature of the emergency. The Lessor and City will have the right to use any and all means they consider appropriate to gain access to any portion of the Premises in an emergency, in which case, neither Lessor nor the City will be responsible for the replacement of any property, and no emergency entry may be deemed to be a forcible or unlawful entry onto or a detainer of the Premises, or an eviction, actual or constructive, of Lessee from the Premises or any portion thereof.
17.3. Neither Lessor nor City will be liable in any manner for any inconvenience, disturbance, loss of business, nuisance or other damage arising out of the entry onto the Premises, except to the extent damage arises out of the gross negligence or willful misconduct of the Lessor, City or their respective agents. The City will be responsible for any losses resulting from its gross negligence or willful misconduct and will repair any resulting damage promptly. The Lessor will be responsible for any losses resulting from its gross negligence or willful misconduct and will repair any resulting damage promptly.
17.4. Lessee will not be entitled to any abatement in rent or other amounts due under this Agreement if the Lessor or City exercises any rights reserved to them in this Section, subject to subsection 17.3 above.
17.5. The Lessor and City will use their respective reasonable good faith efforts to conduct any activities on the Premises allowed under this Section in a manner that, to the extent practicable, will minimize any disruption to Lessee’s use hereunder.
18. CONDEMNATION AND TAKINGS
18.1. Parties’ Rights and Obligations to be Governed by Agreement. If, during the Term, there is any condemnation of all or any part of the Premises is taken by condemnation, the rights and obligations of the parties will be determined pursuant to this Article 18.
18.2. Total Taking. If the Premises is totally taken by condemnation, this Agreement will terminate on the date the condemner has the right to possession of the Premises.
18.3. Partial Taking. If any portion of the Premises is taken by condemnation, this Agreement will remain in effect, except that Lessee may elect to terminate this Agreement if, in Lessee’s reasonable judgment, the remaining portion of the Premises is rendered unsuitable for Lessee’s continued use of the Premises. If Lessee elects to terminate this Agreement, Lessee must exercise its right to terminate pursuant to this section by giving notice to the Lessor and City within sixty (60) days after the City or Lessor notifies Lessee of the nature and the extent of the taking. If Lessee elects to terminate this Agreement as provided in this Section 18.3, Lessee also will notify the lessor and City of the date of termination, which date will not be earlier than ninety (90) days nor later than six (6) months after Lessee has notified the Lessor and City of its election to terminate; except that this Agreement will terminate as to the portions of the Premises taken by the condemner on the date the condemner takes possession of that portion of the Premises. If Lessee does not terminate this Agreement within such sixty (60) day notice period, this Agreement will continue in full force and effect.
18.4. Award and Distribution. Any compensation awarded, paid or received on a total or partial condemnation of the Premises or threat of condemnation of the Premises will belong to and be distributed in the following order:
18.4.1 First, to pay the balance due on any outstanding or unpaid obligations and/or
31 liabilities, including but not limited to, trade accounts, taxes, payroll accruals and residuals, to the extent provided therein; and
18.4.2 Second, to the City.
19. SURRENDER
Upon expiration or sooner termination of this Agreement, Lessee will surrender the Premises to the Lessor in good order and condition, subject to normal wear and tear (taking into consideration the required use of the Premises), and, at the Lessor’s request, will execute, acknowledge, and deliver to the Lessor a good and sufficient quitclaim deed with respect to any interest of Lessee in the Premises.
Normal wear and tear will not include any damage or deterioration that would have been prevented had Lessee properly performed its obligations under this Agreement (taking into consideration the required use of the Premises). The Premises will be surrendered free and clear of all liens and encumbrances arising out of Lessee’s acts other than liens and encumbrances approved by the Lessor and City and rights of PSH Residents in units occupied at the end of the Term. Immediately before the expiration or termination of this Agreement, Lessee will remove all of Lessee’s Personal Property as provided in this Agreement and repair any damage resulting from such removal. Lessee’s obligations under this Section will survive the expiration or termination of this Agreement. Any items of Lessee’s Personal Property remaining in the Premises after the expiration or termination of this Agreement may, at the Lessor and City’s option, be deemed abandoned and disposed of in accordance with Section 1980 et seq. of the California Civil Code or in any other manner allowed by Applicable Legal Requirements. The Lessor agrees to assume all PSH Resident leases and occupancy agreements at the end of the Term, entered into by Lessee in conformity with this Agreement. In no event will Lessee be required to evict a PSH Resident who has executed a PSH Leases in conformity with this Agreement at the end of the Term.
20. EQUAL OPPORTUNITY
If federal funds are used by City, Lessor or Lessee in connection with the Premises, the Premises will be subject to the requirements of Section 3 of the Housing and Community Development Act of 1968. Federal Section 3 requirements state that contracts and opportunities for job training and employment be given, to the greatest extent feasible, to local low- income residents.
Local residents for the purposes of this Agreement are Vallejo residents.
21. NO PERSONAL LIABILITY
No officer, official, or employee of the City or Lessor will be personally liable to Lessee or any successor in interest in the event of any default or breach by the City or for any amount which may become due to Lessee or its successors or on any obligations under the terms of this Agreement. No commissioner, official, manager, officer, owner, affiliates, or employee of the Lessee will be personally liable to the Lessor or City or any successor in interest in the event of any default or breach by the Lessee or for any amount which may become due to City or its successors or on any obligations under the terms of this Agreement.
22. WAIVER
The waiver by the City, Lessor or Lessee of any term, covenant, agreement or condition herein contained will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition herein contained, nor will any custom or practice which may grow up between the parties in the administration of the terms hereof be construed to waive or to lessen the right of the City/Lessor or Lessee to insist upon the performance by the other in strict accordance with the said terms. The subsequent acceptance of rent or any other sum of
32 money hereunder by the Lessor or City will not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant, agreement or condition of this Agreement, other than the failure of Lessee to pay the particular rent or other sum so accepted, regardless of the Lessor’s or City’s knowledge of such preceding breach at the time of acceptance of such rent or other sum. Any waiver must be in writing and signed by the party that is waiving its rights under this Agreement. Any Lessor or City consent under this Agreement will not relieve Lessee of any obligation to secure Lessor and City’s consent in any other or future instance as required by this Agreement.
23. RECORDS
Upon reasonable notice during normal business hours, and as often as the Lessor and/or City may deem necessary, there will be made available to the Lessor and City and their respective authorized representatives for examination all records, reports, data and information made or kept by Lessee regarding its activities or operations on the Premises, including, but not limited to physical records and records stored into the Homeless Management Information System (HMIS) . To the extent that it is permitted by law to do so, the Lessor and City will respect the confidentiality requirements of Lessee in regard to the lists furnished by Lessee pursuant to this Agreement, of the names of occupants of the Premises.
24. NOTICES AND CONSENTS
All notices, demands, consents or approvals which may be or are required to be given by either party to the other hereunder will be in writing and will be deemed to have been fully given when delivered in person to such representatives of Lessee and Lessor or the City as will from time to time be designated by the parties for the receipt of notices, or when deposited in the United States mail, certified, postage prepaid, or by express delivery service with a delivery receipt and addressed
if to Lessee at: SHELTER, Inc.
PO Box 5368
Concord, CA 94524
Attn: Chief Executive Officer
If to Lessor at: Firm Foundation Community Housing
1035 B Street, Unit B
Hayward, CA 94541
Attn: Executive Director
if to City at: City of Vallejo
555 Santa Clara Steet
Vallejo, CA 94590
Attn: City Manager
with a copy to: City of Vallejo Housing Authority
200 Georgia Street
Vallejo, CA 94590
Attn: Housing Director
or to such other address with respect to either party as that party may from time to time designate by notice to the other given pursuant to the provisions of this Article 24. Any notice given pursuant to this Article 24 will be effective on the date of delivery or the date delivery is refused as shown on the delivery receipt.
25. COMPLETE AGREEMENT
There are no oral agreements between Lessee and Lessor or the City affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements,
33 agreements and understandings between Lessee and Lessor or the City with respect to the lease and operation of the Premises, excepting therefrom the Funding Agreements and the Option Agreement. The parties intend that this Agreement constitutes the complete and exclusive statement of its terms, and no extrinsic evidence whatsoever (including prior drafts and changes) may be introduced in any judicial, administrative, or other legal proceeding involving this Agreement.
Lessee acknowledges that neither Lessor, City, nor their respective Agents have made any representations or warranties with respect to the Premises or this Agreement except as expressly set forth in this Agreement.
26. HEADINGS
Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and will be disregarded in construing or interpreting any of its provisions.
27. SUCCESSORS AND ASSIGNS
This Agreement will be binding upon and inure to the benefit of the successors and assigns of Lessor and Lessee and where the term “Lessee” or “Lessor” is used in this Agreement, it will mean and include their respective successors and assigns; provided, however, that the Lessor and City will have no obligation under this Agreement to, nor will any benefit of this Agreement accrue to, any unapproved successor or assign of Lessee where Lessor and/or City approval of a successor or assign is required by this Agreement. At such time as Lessor sells or transfers its interests in the Premises to any third party or City, City may elect to terminate or assign this Agreement to such third party, provided that if City elects to assign this Agreement to such third party, City will require such third party to assume any and all obligations hereunder arising on and after the transfer in writing for the benefit of Lessee and its successors and assigns. In the event that the Premises transfer to City, City may, in its sole and absolute discretion require Lessee or any subsequent Lessee to enter into a new Lease and Operation Agreement with the City.
28. TIME
Time is of the essence in the enforcement of the terms and conditions of this Agreement.
29. PARTIAL INVALIDITY
If any provisions of this Agreement will be determined to be illegal or unenforceable, such determination will not affect any other provision of this Agreement and all such other provisions will remain in full force and effect.
30. APPLICABLE LAW; NO THIRD-PARTY BENEFICIARY
This Agreement will be governed by and construed pursuant to the laws of the State of California. This Agreement is entered into solely among, between, and for the benefit of, and may be enforced only by, the Parties hereto and does not create rights in any other third party.
31. SEVERABILITY
If any provision of this Agreement or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons, entities or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this Agreement will be valid and be enforceable to the fullest extent permitted by Applicable
34 Legal Requirements.
32. EXECUTION IN COUNTERPARTS
This Agreement and any memorandum hereof may be executed in counterparts, each of which will be considered an original, and all of which will constitute one and the same instrument.
33. AUTHORITY
Lessee hereby represents and warrants that it is a California nonprofit public benefit corporation and has full rights, power and authority to enter into and perform its obligations under this Agreement.
34. PREVAILING WAGE AND WORKING CONDITIONS
Lessee will require its Contractors and Subcontractors performing (i) labor in connection with a “public work” as defined under California Labor Code Section 1720 et seq. (which includes certain construction, alteration, maintenance, demolition, installation, repair, carpet laying, or refuse hauling work if paid for in whole or part out of public funds) or (ii) Covered Construction, at the Premises to (1) pay workers performing such work not less than the Prevailing Rate of Wages, (2) provide the same hours, working conditions, and benefits as in each case are provided for similar work performed in Vallejo and (3) comply with the City’s Project Labor Agreement, if and as applicable to the Work, (collectively, “Prevailing Wage Requirements”).
Lessee will cooperate with the Lessor and City in any action or proceeding against a Contractor or Subcontractor that fails to comply with the Prevailing Wage Requirements.
Lessee’s failure to comply with its obligations under this Section will constitute a material breach of this Agreement.
35. CITY PROVISIONS
35.1.Budget and Fiscal Provisions; Termination in the Event of a lack of funding for PBV.
This Agreement is subject to the budget and fiscal provisions of the City’s Charter and the application of PBVs to the Project. City shall have no obligation to make appropriations for this Agreement. No City funds shall be available under this Agreement unless a determination is made by the City Council to provide funds to the Project, which is subject to the sole and absolute discretion of the City. Lessee acknowledges that the sole funding anticipated to be authorized for the operation and maintenance of the Project is PBVs. The availability of PBVs is expressly conditioned on the appropriation of sufficient funds to the Housing Authority and City, which appropriation is subject to Housing Authority and City’s annual budget. City budget decisions are subject to the discretion of the City Council. Lessee’s assumption of risk of possible non- appropriation is part of the consideration for this Agreement. This Section controls against any and all other provisions of this Agreement; provided, however, nothing in this Section shall be deemed to waive, limit, or impair Lessee’s right to terminate this Agreement as set forth elsewhere in this Agreement.
35.2.Public Transit Information
At its sole expense, Lessee will establish and carry on during the Term a program to encourage maximum use of public transportation by personnel of Lessee employed on the Premises and PSH Residents, including the distribution of written materials explaining the convenience and availability of public transportation facilities adjacent
35 or near the Project and encouraging use of them.
35.3.Taxes, Assessments, Licenses, Permit Fees, and Liens
35.3.1. Lessee recognizes and understands that this Agreement may create a possessory interest subject to property taxation and Lessee may be subject to the payment of property taxes levied on its possessory interest. In addition, if the Term, including any extension options, is thirty-five (35) years or more, then Lessee will be obligated to pay real property transfer tax upon execution of the Lease.
35.3.2. Lessee will pay to the proper authority on or before when due all taxes and assessments of every kind, including, but not limited to, possessory interest taxes lawfully assessed on the leasehold interest created by this Agreement or any sublease hold interest in the Premises, real property transfer taxes, real and personal property taxes, general and special assessments, and all license fees, permit fees, and all other governmental charges of any kind or nature whatsoever, and to pay all other taxes, excises, licenses, permit charges, and assessments based on Lessee’s use of the Premises or any transfer of a leasehold interest or sublease hold interest in the Premises (including, but not limited to, any transfer of the leasehold interest in the Premises pursuant to this Agreement) and imposed by Legal Requirements, whether in effect at the time this Agreement is entered into or that become later effective. Without limiting the foregoing, Lessee will pay all real property transfer taxes imposed on any transfer of a leasehold interest or sublease hold interest in the Premises (including but not limited to the transfer of the Premises pursuant to this Agreement). Lessee further recognizes and agrees that its leasehold interest may be subject to the payment of special taxes as the same may be adopted from time to time.
35.3.3. Lessee will not allow or suffer a lien for any taxes, assessments, or other charges to be imposed on the Premises or on any equipment or property located in the Premises without promptly discharging the lien, provided that Lessee, if it desires, may have reasonable opportunity to contest the legal validity or the amount of any tax, assessment, or similar charge so long as the tax, assessment, or charge does not become a defaulted lien. In the event of any disputed tax, assessment, or similar charge, Lessee will Indemnify Lessor and City, and their Agents from and against all resulting Claims.
35.3.4. Lessor will pay to the proper authority on or before when due all taxes and assessments of every kind, including, but not limited to, real property taxes lawfully assessed on the Premises, real property transfer taxes, real and personal property taxes, general and special assessments, and all license fees, permit fees, and all other governmental charges of any kind or nature whatsoever, and to pay all other taxes, excises, licenses, permit charges, and assessments based on Lessor’s ownership of the Premises or any transfer of a leasehold interest or sublease hold interest in the Premises (including, but not limited to, any transfer of the leasehold interest in the Premises pursuant to this Agreement) and imposed by Legal Requirements, whether in effect at the time this Agreement is entered into or that become later effective. Without limiting the foregoing, Lessor will pay all real property transfer taxes imposed on any transfer of an interest in the Premises (including but not limited to the transfer of the Premises pursuant to this Agreement).
35.3.5. Lessor will not allow or suffer a lien for any taxes, assessments, or other charges to be imposed on the Premises or on any equipment or property located in the Premises without promptly discharging the lien, provided that Lessor, if it desires, may have reasonable opportunity to contest the legal validity or the
36 amount of any tax, assessment, or similar charge so long as the tax, assessment, or charge does not become a defaulted lien. In the event of any disputed tax, assessment, or similar charge, Lessor will Indemnify City, it officials, officers, employees and Agents from and against all resulting Claims.
35.4.Non-Discrimination
35.4.1Covenant Not to Discriminate. In the performance of this Agreement, neither Lessee nor Lessor will discriminate against any employee, any City employee working with Lessee or Lessor, or applicant for employment with Lessee or Lessor, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, sexual preference, gender identity, domestic partner status, marital status, source of income, physical or mental handicap, medical condition, veteran status, disability, or association with members of protected classes, or in retaliation for opposition to discrimination against protected classes, any and all additional classifications listed in any of the Funding Agreements, Regulatory Agreements, State and Federal law, as the same may be amended from time to time.
35.4.2 Subleases and Other Subcontracts. Lessee and Lessor will include in all Subleases and other subcontracts relating to the Premises a non-discrimination clause applicable to the Subtenant or other subcontractor in substantially the form of subsection 35.4.1 above. Lessee’s or Lessor’s failure to comply with the obligations in this subsection will constitute a material breach of this Agreement.
35.4.3Non-Discrimination in Benefits. Lessee and Lessor do not as of the date of this Agreement and will not during the Term, in any of their respective operations in Vallejo, on real property owned by City, or where the work is being performed with City funds, discriminate in the provision of bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension and retirement benefits, or travel benefits, as well as any benefits other than the benefits specified above, between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of the employees, where the domestic partnership has been registered with a governmental entity under the Legal Requirements authorizing that registration.
35.5No Relocation Assistance; Release of Claims
Lessee acknowledges that it will not be a displaced person at the time this Agreement is terminated or expires by its own terms, and Lessee fully RELEASES AND DISCHARGES forever any and all Claims against, and covenants not to sue, Lessor or City, its departments, commissions, officers, directors, and employees, and all persons acting by, through or under each of them, under any Legal Requirements, including any and all claims for relocation benefits or assistance from City under federal and state relocation assistance Legal Requirements (including California Government Code Section 7260 et seq.), except as otherwise specifically provided in this Agreement with respect to a Taking/Condemnation.
35.6Conflicts of Interest
Through its execution of this Agreement, Lessee and Lessor acknowledges that they are familiar with the provisions of California Government Code Section 87100 et seq. and Section 1090 et seq. Lessee and Lessor each warrant and represent that to the best of their knowledge, there exists no actual or potential conflict between Lessee’s or Lessor’s respective
37 family, business, real property or financial interests and the services to be provided under this Agreement. Lessee and Lessor shall comply with the City of Vallejo Conflict of Interest Code and not enter into a contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. Lessee and Lessor agree that if they become aware of any violation during the Term, they will immediately notify City.
35.7Charter Provisions
This Agreement is governed by and subject to the provisions of the City of Vallejo’s Charter and Municipal Code.
35.8Drug-Free Workplace
Lessee and Lessor acknowledge that under the Federal Drug-Free Workplace Act of 1989, the unlawful manufacture, distribution, possession, or use of a controlled substance under federal Legal Requirements is prohibited on City premises. Lessee and Lessor will advise the City immediately of any violation. Any violation of this prohibition by Lessee, Lessor or their respective Agents, or assigns, will be a material breach of this Agreement.
36. AMENDMENTS
Neither this Agreement nor any terms or provisions hereof may be changed, waived, discharged, or terminated, except by a written instrument signed by the party against which the enforcement of the change, waiver, discharge, or termination is sought. No waiver of any breach will affect or alter this Agreement, but each and every term, covenant, and condition of this Agreement will continue in full force and effect with respect to any other then-existing or subsequent breach thereof. Any amendments or modifications to this Agreement, including, without limitation, amendments to or modifications to the exhibits to this Agreement, will be subject to the mutual written agreement of Lessor, City and Lessee
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
LESSEE ACKNOWLEDGES AND AGREES THAT NO CITY OFFICER OR EMPLOYEE HAS
AUTHORITY TO COMMIT CITY TO THIS AGREEMENT UNLESS AND UNTIL VALLEJO CITY
COUNCIL HAS DULY ADOPTED A RESOLUTION OR ORDINANCE APPROVING THIS AGREEMENT AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED HEREBY.
THEREFORE, ANY CITY OBLIGATIONS OR LIABILITIES UNDER THIS AGREEMENT ARE
CONTINGENT ON ADOPTION OF A RESOLUTION OR ORDINANCE, AND THIS AGREEMENT
WILL BE NULL AND VOID IF CITY COUNCIL DOES NOT APPROVE THIS AGREEMENT, IN ITS SOLE DISCRETION. APPROVAL OF THIS AGREEMENT BY ANY CITY DEPARTMENT,
COMMISSION, OR AGENCY WILL NOT BE DEEMED TO IMPLY THAT A RESOLUTION OR
ORDINANCE WILL BE ENACTED, AND NO APPROVAL WILL CREATE ANY BINDING CITY OBLIGATIONS.
[signatures follow]
38 IN WITNESS WHEREOF, parties have executed this Agreement as of the day and year shown below the name of each of the parties.
SHELTER, INC., a California nonprofit corporation
By:___________________________________
John Eckstrom, Chief Executive Officer
DATE:_______________________________
_____________________________________
Vallejo Business License No.
FIRM FOUNDATION COMMUNITY HOUSING, a
California nonprofit corporation
By:___________________________________
Taryn Sandulyak, Executive Director
DATE:_______________________________
_____________________________________
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
A municipal corporation
By:___________________________________
Andrew Murray, City Manager
DATE:_______________________________
ATTEST:
By:___________________________________
Dawn G. Abrahamson, City Clerk
DATE:_______________________________
APPROVED AS TO FORM:
By:___________________________________
Veronica A. F. Nebb, City Attorney
APPROVED AS TO INSURANCE:
By:___________________________________
Armond Sarkis, Risk Manager
39 EXHIBIT A
REAL PROPERTY DESCRIPTION
Real property in the City of Vallejo, County of Solano, State of California, described as follows:
PARCEL “B” AS SHOWN ON THAT CERTAIN PARVEL MAP ENTITLED: “PARCEL MAP PROTION OF SEC. 36, T.4.N., R4W. M.D.B. & M., CITY OF VALLEJO, SOLANO COUNTY, CALIFORNIA” FILED FOR RECORD IN THE OFFICE OF THE OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, ON AUGUST 23, 1982 IN BOOK 23 OF PAREL MAPS, AT PAGE 79.
EXCEPTING THEREFROM A LIFE ESTATE AS TO AN UNDIVIDED ONE FIFTH (1/5) RIGHT,
TITLE, AND INTEREST IN AND TO ALL MINERAL RIGHTS AND ALL MINERALS OF EVERY
KIND AND NATURE INCLUDING GAS, OIL, AND/OR OTHER ASSOCIATED SUBSTANCES
LOCATED AND FOUND IN, UPON AND BENEATH THE ABOVE DESCRIBED LAND AS GRANTED IN THE DEED GROM HENERY A. MINI, ET AL, TO VIRGINIA C. MINI, DATED NOVEMBER 5, 1954 RECORDED JANUARY 14, 1955, IN BOOK 748 OF OFFICIAL RECORDS, AT PAGE 313, INSTRUMENT NO. 678.
APN: 0067-140-150
40 EXHIBIT B
Annual Operating Agreement
See attached.
EXHIBIT C
PSH Resident Selection Plan
See attached.
Exhibit B
Annual Operating Budget
5/22/2025 Operating Budget
Broadway Village Jun 2025Jul 2025Aug 2025 Dec 2025Jan 2026Feb 2026SEPT 2025Oct 2025Nov 2025 Mar 2026Apr 2026May 2026 NOTESYEAR TOTAL
GROSS RENTAL INCOME
NET RENTAL INCOME
STAFFING EXPENSES
OPERATIONS EXPENSES
INCOME
EXPENSES
Resident Rent Payments $ 13,296$ 13,296$ 13,296$ 13,296$ 13,296$ 13,296$ 13,296$ 13,296$ 13,296$ 13,296$ 13,296$ 13,296 Pulls directly from 'Rent Schedule' tab Subsidy Rent Payments $ 67,732$ 67,732$ 67,732$ 67,732$ 67,732$ 67,732$ 67,732$ 67,732$ 67,732$ 67,732$ 67,732$ 67,732 Pulls directly from 'Rent Schedule' tab Other Income $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Proforma assumes no additional income from Shelter Inc. $ 81,028$ 81,028$ 81,028$ 81,028$ 81,028$ 81,028$ 81,028$ 81,028$ 81,028$ 81,028$ 81,028$ 81,028
5.00%Vacancy Loss $ (4,051)$ (4,051)$ (4,051)$ (4,051)$ (4,051)$ (4,051)$ (4,051)$ (4,051)$ (4,051)$ (4,051)$ (4,051)$ (4,051) Vacancy rate per Shelter Dec 2024 budget 3%May 2025 Shelter Inc update: 5%$ 76,977$ 76,977$ 76,977$ 76,977$ 76,977$ 76,977$ 76,977$ 76,977$ 76,977$ 76,977$ 76,977$ 76,977 Staffing salaries based on Shelter Inc May 2025 updates Program Director, Senior $ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 6,947.5 FTE (increase to 1FTE year 1)Program Director $ 952$ 952$ 952$ 952$ 952$ 952$ 952$ 952$ 952$ 952$ 952$ 952$ 11,425.1 FTE by yr 3 (.25 FTE year 1; .125 year 2)Program Manager II $ 3,466$ 3,466$ 3,466$ 3,466$ 3,466$ 3,466$ 3,466$ 3,466$ 3,466$ 3,466$ 3,466$ 3,466$ 41,587.5 FTEProgram Specialist II $ 2,153$ 2,153$ 2,153$ 2,153$ 2,153$ 2,153$ 2,153$ 2,153$ 2,153$ 2,153$ 2,153$ 2,153$ 25,830.5 FTECase Manager II $ 9,823$ 9,823$ 9,823$ 9,823$ 9,823$ 9,823$ 9,823$ 9,823$ 9,823$ 9,823$ 9,823$ 9,823$ 117,8702 FTEEligibility Specialist II $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - .1 FTE- changed to 0 per Brandon 5.16.25 emailEmployment Specialist II $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - .1 FTE- changed to 0 per Brandon 5.16.25 emailProperty Director $ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 579$ 6,946.05 FTEProperty Compliance Manager $ 771$ 771$ 771$ 771$ 771$ 771$ 771$ 771$ 771$ 771$ 771$ 771$ 9,254.125 FTE Property Manager $ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 8,318.1 FTE by yr 2 (.125 FTE year 1) Affordable Housing Specialist II $ 2,535$ 2,535$ 2,535$ 2,535$ 2,535$ 2,535$ 2,535$ 2,535$ 2,535$ 2,535$ 2,535$ 2,535$ 30,418.5 FTEOnsite Property Specialist $ 2,538$ 2,538$ 2,538$ 2,538$ 2,538$ 2,538$ 2,538$ 2,538$ 2,538$ 2,538$ 2,538$ 2,538$ 30,4551 FTE Onsite Property specialistFacilities Manager $ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 693$ 8,318.10 FTE by year 2 (.125 FTE year 1)Maintenance Technician II $ 4,885$ 4,885$ 4,885$ 4,885$ 4,885$ 4,885$ 4,885$ 4,885$ 4,885$ 4,885$ 4,885$ 4,885$ 58,6181 FTE Benefits $ 12,839$ 12,839$ 12,839$ 12,839$ 12,839$ 12,839$ 12,839$ 12,839$ 12,839$ 12,839$ 12,839$ 12,839$ 154,070← 43.28% of Total Wages (for positions receiving benefits) perShelter May 2025 updates
PROFESSIONAL SERVICES EXPENSES
Audit Expenses $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $22kPer Shelter May 2025 update: deletedConventions & Meetings $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $1500Per Shelter May 2025 update: deletedlegal expense- project $ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 16,920Per Shelter May 2025 update: $30/unit * 12 months * 47 unitsincreases 8.3% in third yearMisc. Admin fees $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $3500Per Shelter May 2025 update: deletedSupportive Services Admin overhead $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $2500Per Shelter May 2025 update: deleted
OFFICE EXPENSES
Software- Property Management system $ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 11,280$68 per unit x 12 Per Shelter Inc Dec 2024 budget ($38,352)Per Shelter May 2025 update: $20/unit/mo * 12 mo * 47 units UTILITY EXPENSESClient Gas $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - No gas in buildingClient Electricity $ 2,700$ 2,700$ 2,700$ 2,700$ 2,700$ 2,700$ 2,700$ 2,700$ 2,700$ 2,700$ 2,700$ 2,700$ 32,400Per Shelter Inc Dec 2024 budget Client Water & Sewer $ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 18,050Per Shelter May 2025 update: Entire Utility budget set as$125/unit/month, total $70,500 utility total. Increaseing 3.2%per yearClient Garbage $ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 1,504$ 18,050Client Data- Bldg Internet Service, POTS Telephonelines $ 167$ 167$ 167$ 167$ 167$ 167$ 167$ 167$ 167$ 167$ 167$ 167$ 2,000Smart Fiber Network is Free, comcast placeholder for POTS $ 159,556
$ 812,780
$ -
$ 972,336
$ (48,617)
$ 923,719
TOTAL WAGES$ 29,665$ 29,665$ 29,665$ 29,665$ 29,665$ 29,665$ 29,665$ 29,665$ 29,665$ 29,665$ 29,665$ 29,665$ 355,985 $ 42,505$ 42,505$ 42,505$ 42,505$ 42,505$ 42,505$ 42,505$ 42,505$ 42,505$ 42,505$ 42,505$ 42,505$ 510,055 TOTAL PROFESSIONAL SERVICES$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 1,410$ 16,920 TOTAL OFFICE$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 11,280 TOTAL UTILITIES$ 5,875$ 5,875$ 5,875$ 5,875$ 5,875$ 5,875$ 5,875$ 5,875$ 5,875$ 5,875$ 5,875$ 5,875$ 70,500
TOTAL STAFFING EXPENSES
5/22/2025 Operating Budget
Broadway Village Jun 2025Jul 2025Aug 2025 Dec 2025Jan 2026Feb 2026SEPT 2025Oct 2025Nov 2025 Mar 2026Apr 2026May 2026 NOTESYEAR TOTAL MANAGEMENT FEE EXPENSES Management Fees and Commissions $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $45,120Per Shelter May 2025 update: deletedSupplies $ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 6,768Per Shelter May 2025 update: $12/unit/mo * 12 months*47units; increases approx 8.3% in year 3Security Ambassador- First year cost only, not arecurring operational expense(CEQA agreement Minimum: 6pm-1am 7x/wk for 3months + additional duration based on # of calls) $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget- First year budget only:$137,175.40 for contract. Eliminated from yearly operatingbudget since this would not be a recurring expense. Included inOperator Move in budget insteadBookkeeping fees $ 677$ 677$ 677$ 677$ 677$ 677$ 677$ 677$ 677$ 677$ 677$ 677$ - Per Shelter Inc Dec 2024 budget $12972Per Shelter May 2025 update: deleted
OFFICE BUILDING EXPENSES
Insurance- Property, Hazard, all other $ 2,820$ 2,820$ 2,820$ 2,820$ 2,820$ 2,820$ 2,820$ 2,820$ 2,820$ 2,820$ 2,820$ 2,820$ 33,840Per Shelter May 2025 update: $60 per unit per month year 1;increases 3.3% per year- requirements and cost validation inprogressTaxes-Business License & legal expenses $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $1050Per Shelter May 2025 update: deletedProperty Taxes- assumes welfare tax exemption $ 1,667$ 1,667$ 1,667$ 1,667$ 1,667$ 1,667$ 1,667$ 1,667$ 1,667$ 1,667$ 1,667$ 1,667$ 20,000Need input from Solano county to revise valuation assumptionwith welfare discount applied- validation in progress
REPAIR AND MAINTENANCE EXPENSES
Maintenance and RepairIn-House Maintenance Charges $ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 14,100Per Shelter May 2025 update: carrying typical year over yearcost as $25/unit/mo * 12 mon*47 units. initial years shownlower in shelter budget- at $10 /unit/mo and year two at$15/unit/mo; however more typical assumption carried here.Outside Contracts $ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 940$ 11,280Per Shelter May 2025 update: $20/unit/mo * 12 mo* 47 units(increasing approx 5% per yr)- includes Security Vendor Repairs-Outside Contractors $ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 1,175$ 14,100Per Shelter May 2025 update: $25/unit/mo * 12 mo* 47 units(year 1 was lower at $10/unit/mo and yr 2 was $15/unit/mo-carring typ value here)Landscaping $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $4kPer Shelter May 2025 update: deletedPest Control $ 705$ 705$ 705$ 705$ 705$ 705$ 705$ 705$ 705$ 705$ 705$ 705$ 8,460Per Shelter May 2025 update: $15/unit/mo * 12 months * 47units, increases 6.7% in year 3Elevator Contract $ 470$ 470$ 470$ 470$ 470$ 470$ 470$ 470$ 470$ 470$ 470$ 470$ 5,640Per Shelter May 2025 update: $10/unit/mo * 12 mo* 47 units(increasing 10% by year 3)Operating and Maintenance Expenses $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $10kPer Shelter May 2025 update: deletedMaintenance Equipment & supplies $ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 564$ 6,768Per Shelter May 2025 update: deleted
LAND LEASE EXPENSES
Land Lease $ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 1
Total annual Land Lease- Current assumption is that loans willbe forgiven and/or paid during building sale.Lease for building use would need to cover any loan andinterest payments if LMIHAF is not forgiven and Measure Pdoes not sell and needs to be repaid at end of term.Lease would also need to cover any insurance or administrativecosts incurred by Firm.
RESIDENT SERVICES EXPENSESTenant Transportation & vehicle maintenanceequipment operations / reports $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Per Shelter Inc Dec 2024 budget $4200Per Shelter May 2025 update: deleted Federally Negotiated Indirect Cost Rate $ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584 per May 2025 update: 18.84% for Shelter Inc on ALL Staff andOperations Costs INCLUDES STAFFING; Does not include depreciation
inc adjustment for FNIC rate. Calcuation is Subtotal Operatingexpenses including staffing less staffing total x 18.84% FNIC rate TOTAL MANAGEMENT FEES$ 1,241$ 1,241$ 1,241$ 1,241$ 1,241$ 1,241$ 1,241$ 1,241$ 1,241$ 1,241$ 1,241$ 1,241$ 14,896 TOTAL OFFICE BUILDING EXPENSES$ 4,487$ 4,487$ 4,487$ 4,487$ 4,487$ 4,487$ 4,487$ 4,487$ 4,487$ 4,487$ 4,487$ 4,487$ 53,840 TOTAL REPAIRS AND MAINTENANCE$ 5,029$ 5,029$ 5,029$ 5,029$ 5,029$ 5,029$ 5,029$ 5,029$ 5,029$ 5,029$ 5,029$ 5,029$ 60,348 TOTAL LAND LEASE$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 0$ 1 TOTAL RESIDENT SERVICES$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 61,487$ 61,487$ 61,487$ 61,487$ 61,487$ 61,487$ 61,487$ 61,487$ 61,487$ 61,487$ 61,487$ 61,487$ 737,840 $ 139,009
TOTAL ADMIN/OVERHEAD FEE$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 11,584$ 139,009 $ 73,071$ 73,071$ 73,071$ 73,071$ 73,071$ 73,071$ 73,071$ 73,071$ 73,071$ 73,071$ 73,071$ 73,071$ 876,849 $ 22,558$ 30,566$ 30,566$ 30,566$ 30,566$ 30,566$ 30,566$ 30,566$ 30,566$ 30,566$ 30,566$ 30,566$ 366,794
SUBTOTAL OPERATING EXPENSES
TOTAL OPERATING EXPENSES
(INCLUDING STAFFING)
(INC. STAFFING)
TOTAL OPERATIONS EXPENSES (NO STAFFING)
5/22/2025 Operating Budget
Broadway Village Jun 2025Jul 2025Aug 2025 Dec 2025Jan 2026Feb 2026SEPT 2025Oct 2025Nov 2025 Mar 2026Apr 2026May 2026 NOTESYEAR TOTALINCOME VS EXPENSE ASSESSMENT
NET OPERATING INCOME
YEAR-TO-DATE INCOME LESS EXPENSES
$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 46,870 $ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 3,906$ 46,870
RESERVES
Total Reserves$ 4,167$ 4,167$ 4,167$ 4,167$ 4,167$ 4,167$ 4,167$ 4,167$ 4,167$ 4,167$ 4,167$ 4,167$ 50,000 Cash income/Loss$ (261)$ (261)$ (261)$ (261)$ (261)$ (261)$ (261)$ (261)$ (261)$ (261)$ (261)$ (261)$ (3,130) Net Income less Operating expenses
PLACEHOLDER LOAN Actual Mortgage Payment$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Current assumption is no loan required to fill capital budgetoverages- pending final value and fundraising efforts.
Operational Reserves$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 25,000Per Shelter May 2025 update: only shows this as $20/unit/mo,$11,280 year 1 and fluctuating up and down in following years.
Replacement Reserves$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 2,083$ 25,000Per Shelter May 2025 update: only shows this as $10/unit/mo,$5,640 year 1, going higher in following years (approx $16k peryr by year 3) Income less expenses less reserves
Exhibit C
Resident Selection Plan
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TENANT SELECTION PLAN
Broadway Village
Permanent Supportive Housing
Approved May 2025
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TABLE OF CONTENTS
I. Section 504 Equal Access Statement ............................................................................. 3 II. Fair Housing and Non-Discrimination ........................................................................... 4 III. Privacy Policy and Drug Policy ..................................................................................... 5 IV. Accommodating Applicants with Disabilities ............................................................... 6 V. Occupancy Standards .................................................................................................. 6 VI. Income Requirements/ Rent Limits ............................................................................. 7 VII. Waiting List Management ........................................................................................... 7 Preferences/ Special Targeting ......................................................................................... 7 Referrals ............................................................................................................................ 8 Accessible Units ............................................................................................................ ..... 8 Record Retention… .............................................................................................................8 Transfers ............................................................................................................................ 8 VIII. Intake and Processing .................................................................................................. 9 Accepting applications ....................................................................................................... 9 Applicant intake interviews ............................................................................................... 9 Limited English Proficiency (LEP) .................................................................................… ….9 Verification Requirements .................................................................................................10 Types of Verifications Required ........................................................................................ 10 Program eligibility… .......................................................................................................... 10 Suitability .......................................................................................................................... 10 Period for Verification ...................................................................................................... 10 Forms of Verification ........................................................................................................ 10 Sources of Information ......................................................................................................11 Attempted Fraud .............................................................................................................. 11 IX. IRS Student Rule ......................................................................................................... 12 X. SHELTER, Inc. Eligibility ...............................................................................................13 Homelessness .................................................................................................................... 13 At-Risk of Chronic Homelessness ....................................................................................... 14 Chronically Homeless .........................................................................................................14 XI. Screening ................................................................................................................... . 15 Obtaining authorizations ................................................................................................... 15 Screening objectives .......................................................................................................... 15 Standard vs. SHELTER, Inc. screening ................................................................................ 16 XII. Determination of Admission ........................................................................................ 16 Rent and Security Deposit .................................................................................................. 16 Unit offers .......................................................................................................................... 16 Accessible unit offers ......................................................................................................... 17 Unit acceptance...................................................................................................................17 XIII. Determination of denial ............................................................................................... 17 Prohibited reasons for denial ............................................................................................. 1 7 Acceptable reasons for denial ............................................................................................ 18 Notification of denial .......................................................................................................... 18 Appeals ............................................................................................................................... 18 Mitigating Circumstances ................................................................................................... 19 Attachment A- Occupancy Standards ................................................................................. 20 Attachment B- Tenant Selection Criteria ............................................................................ 21-22
Credit History/Criminal Background………………………………………………………………..………………23 SHELTER, Inc. Tenant Selection Criteria…………………………………………………………………….……24
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I. Section 504 Equal Access Statement
For mobility impaired persons -- this document is kept in the office at BROADWAY VILLAGE at 2441 Broadway Street, Vallejo, CA. This document may be examined from Monday through Friday from 9am to 5pm. You must phone to make arrangements to examine this document.
For vision impaired persons – BROADWAY VILLAGE will provide a staff person to assist a vision impaired person in reviewing this document. Assistance may include: describing the contents of the document, reading the document or sections of the document, or providing such other assistance as may be needed to permit the contents of the document to be communicated to the person with vision impairments.
For the hearing impaired – BROADWAY VILLAGE will provide assistance to hearing impaired persons in reviewing this document. Assistance may include provision of a qualified interpreter at a time convenient to both the Property and the individual with disabilities. TDD Telephone device for the deaf only California Relay Service (711).
Assistance to ensure equal access to this document will be provided in a confidential manner and setting. The individual with disabilities is responsible for providing his/her own transportation to and from the location where this document is kept.
If an individual with disabilities is involved, all hearings or meetings required by this document will be conducted at an accessible location with appropriate assistance provided.
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II. Fair Housing, Equal Opportunity and Non- Discrimination Statements It is the policy of BROADWAY VILLAGE to comply fully with Title VI of the Civil Rights Act of 1964, Title VIII and Section 3 of the Civil Rights Act of 1968 (As amended by the Community Development Act of 1974),
Executive Order 11063, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and any legislation protecting the individual rights of residents, applicants or Staff which may subsequently be enacted.
BROADWAY VILLAGE shall not discriminate because of race, color, religion, sex (including pregnancy, childbirth or medical conditions related to them, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income , or disability in the leasing, rental, or other disposition of housing or related facilities, (including land), included in any Development or Developments under its jurisdiction or in the use or occupancy thereof.
BROADWAY VILLAGE shall not on account of race, color, sex, religion, age, handicap, disability, familial status or national origin:
A. Deny any applicant the opportunity to apply for housing, nor deny any eligible applicant the opportunity to rent suitable housing.
B. Provide housing which is different than provided to others; C. Subject a person to segregation or disparate treatment; D. Restrict a person's access to any benefit enjoyed by others in connection with the housing program;
E. Treat a person differently in determining eligibility or other requirements for admission; F. Deny a person access to the same level of services, or G. Deny a person the opportunity to participate in a planning or advisory group, which is an integral part of the housing program.
BROADWAY VILLAGE shall not automatically deny admission to a particular group or category of an otherwise eligible applicant. Each applicant will be treated on an individual basis in the normal processing routine.
BROADWAY VILLAGE will seek to identify and eliminate situations or procedures that create a barrier to equal housing opportunity for all. In accordance with Section 504 of the Rehabilitation Act of 1973, BROADWAY VILLAGE will make reasonable accommodation for individuals with handicaps or disabilities (applicants or residents). Such accommodations may include changes in the method of administering policies, procedures, or services.
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In addition, BROADWAY VILLAGE may perform structural modifications to housing and non-housing facilities on site where such modifications would be necessary to afford full access to the housing program for qualified individuals with handicaps. In reaching a reasonable accommodation with, or performing structural modifications for, otherwise qualified individuals with handicaps, BROADWAY VILLAGE is not required to:
A. Make structural alterations that require the removal or altering of a load-bearing structural member;
B. Provide an elevator in the housing project solely for the purpose of locating accessible apartments above or below the grade level;
C. Provide support services that are not already part of its housing programs; D. Take any action that would result in a fundamental alteration in the nature of the program or service; or
E. Take any action that would result in an undue financial and administrative burden on BROADWAY VILLAGE including structural impracticality as defined in the Uniform Federal Accessibility Standards.
III. Privacy Policy, Criminal Policy and Drug Policy
It is the policy of the Broadway Village to guard the privacy of individuals conferred by the Federal Privacy Act of 1974, and to ensure the protection of such individuals' records maintained by management. Therefore, neither BROADWAY VILLAGE nor its agents shall disclose any personal information contained in its records to any person or agency unless the individual about whom the information is requested shall give written consent to such disclosure. This privacy policy in no way limits the ability of Staff of BROADWAY VILLAGE (hereafter referred to as “Staff”) to collect such information as it may need to determine eligibility, compute rent, or determine an applicant's suitability for tenancy.
BROADWAY VILLAGE is committed to maintaining a safe and productive environment for all its residents, employees, guests and visitors. The illegal or irresponsible use of controlled substances, prescription drugs, and the use of illegal drugs or inhalants can impair performance and jeopardize the safety of all.
Criminal history and suitability screening will be limited to criminal behavior and convictions related to tenancy for the forty-seven (47) Project Base V oucher (PBV) as follows as a basis for denial:
a. Drug sale or manufacturing on the premises
b. Substance abuse that resulted in chronic disturbances to neighbors c. Threatening or violent engagement, acts or behavior against Management staff, agents or residents on the premises
d. Destruction or vandalism of the dwelling unit or premises
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Criminal history and suitability screening will be limited to criminal behavior and convictions related to tenancy for the forty-seven (47) Vallejo Housing Authority (VHA) referrals from their waitlist. HUD requires the VHA to deny assistance in the following cases:
a. Any member of the household has been evicted from federally assisted housing in the last 3 years for drug-related criminal activity. As permitted by HUD regulations the VHA may admit an otherwise-eligible family who was evicted from federally assisted housing within the past 3 years for drug-related criminal activity, if the VHA is able to verify that the household member who engaged in the criminal activity has successfully completed a supervised drug rehabilitation program approved by the VHA, or the person who committed the crime is no longer living in the household.
b. The VHA determines that any household member is currently engaged in the use of illegal drugs.
For purposes of this Plan, currently engaged in is defined as any use of illegal drugs during the previous six months.
c. The VHA has reasonable cause to believe that any household member's current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. In determining reasonable cause, the VHA will consider all credible evidence, including but not limited to, any record of convictions, arrests, or evictions of household members related to the use of illegal drugs or the abuse of alcohol. A conviction will be given more weight than an arrest. The VHA will also consider evidence from treatment providers or community- based organizations providing services to household members. d. Any household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing. e. Any household member is subject to a lifetime registration requirement under a state sex offender registration program.
I V. Accommodating Applicants with Disabilities
Each applicant will be provided with a Notice of the Right to Request Reasonable Accommodation at the time of application. Consistent with the intent of Section 504 of the Rehabilitation Act of 1973, any information obtained on handicap or disability will be treated in a confidential manner.
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A. Persons with disabilities who cannot utilize the Broadway Village' preferred application process will be accommodated by providing alternative methods of application intake (e.g., accepting mailed or online applications). In addition, the Broadway Village will make reasonable efforts to accommodate those with disabilities with accessible meeting sites as well as auxiliary aids/services e.g., materials in Braille, audio, and large type, sign language interpreters, and assistive listening devices, etc. upon request.
B. If some form of assistance is needed to enable an applicant to comply fully with the terms of the Lease, Staff should obtain verifications that such assistance is available to the applicant. The need for and efficacy of the proposed reasonable accommodation shall be verified. No reasonable accommodation shall be offered prior to receipt of verification. Disabilities that are readily apparent need not be verified.
C. To be considered reasonable, the requested accommodation must not cause undue financial and/or administrative burdens or an alteration in the fundamental nature of the BROADWAY VILLAGE assisted housing program.
V. Occupancy Standards
A full description of the Occupancy standards and procedures are outlined in the organization’s Occupancy Standards Policy. The applicant's household composition must be appropriate for the apartment in accordance with the occupancy guidelines outlined in Attachment A of this Plan. The occupancy standards for Project Based V oucher units may deviate from those listed in this plan and will be in accordance with those outlined in the (VHA) Administrative Plan.
Exceptions to the minimum occupancy standards may be applied for disabled individuals or households by requiring additional space as a result of an approved reasonable accommodation. Such determinations will be made by the Section 504 Coordinator.
VI. Income/ Rent Limits
Income requirements
Income limits are established annually by HUD and are based on the family size and the gross annual income the household receives. Applicants must have income that is not greater than the maximum income limit at the time of admissions. The applicable income limits will be provided in marketing materials and/or available for review. Minimum income requirements do not apply to Project Based V oucher subsidized units.
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Rent Limits
CTCAC (California Tax Credit Allocation Committee) utilizes the information published by HUD to calculate maximum allowable rents for LIHTC (Low Income Housing Tax Credit) properties. The rent charged shall not be excess of these limits.
VII. Waiting List Management
The BROADWAY VILLAGE waitlist will be administered by the VHA in accordance with applicable local, state and federal regulations.
VHA will place applicants on the Project Based V oucher waitlist for the qualifying apartment size at the property and placement on the list will require at least the following information for each applicant derived from a fully completed rental application. Applicants lacking complete and legible applications may be rejected and not added to the waiting list. • Applicant’s Name
• Application Date
• Time application was received
• Current and former addresses
• Phone Number(s)
• Apartment size requested
• Declaration of need/ decline of an accessible unit
• Estimated gross household income and all sources
• Name and date of birth of all additional household members Preferences/ Special Targeting
Assigning preferences to applicants who meet certain criteria is a method intended to provide housing opportunities to applicants based upon household circumstances, as required by a regulatory agreement and/or funding source. Applicants with preferences receive priority placement and are selected from the waiting list earlier than those who do not have a preference.
Preferences affect only the order of applicants on the waiting list.
Preferences do not make anyone eligible who was not otherwise eligible, and they do not change an owner’s right to adopt and enforce resident screening criteria. While all interested individuals and households are welcome to apply, a waitlist preference facilitating more rapid placement at BROADWAY VILLAGE will be given to those that meet the following:
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BROADWAY VILLAGE has units designated for the following special targeted populations in accordance with the regulatory agreement and/or nature of the funding. A waiting list for units in these designations will be maintained by the referring entity.
• Project Based V oucher (PBV) (47 units)
The Project Based V oucher Program is a component of a public housing agency’s Housing Choice V oucher (HCV) program where the subsidy is attached to the designated unit per HUD funding requirements.
Resource Connect Solano/Coordinated Entry System (CES) referred applicants who were experiencing homelessness, at risk of homelessness or chronic homelessness at the time of referral and are Medi-Cal enrollees per Cap Solano JPA funding requirements.
Referrals
Vacancies for PBV , SHELTER, Inc., designated units will be filled by third party referrals to staff as codified in the SHELTER, Inc. Program Guidelines, funding commitments and/or the MOU (Memorandum of Understanding) established with the referring entity.
• PBV units will be filled via referrals generated by the VHA. • SHELTER, Inc. Assisted Unit vacancies will be filled via referrals in the following manner:
SHELTER, Inc. Unit referrals from the homeless coordinated entry system must meet priority status requirements pursuant to 24 CFR 578.7(a) (8), HUD CPD Notice 1701 (Notice Establishing Additional Requirements for a Continuum of Care Centralized or Coordinated Assessment System and HUD CPD Notice 16-11 in partnership with Resource Connect Solano.
The County of Solano is responsible for ensuring the coordinated entry system establishes and documents prioritization of homeless, at risk, and chronically homeless households that meet SHELTER, Inc. eligibility criteria for referral. The County of Solano Behavioral Health Department will work directly with CES to assess referrals for program eligibility. This process will concurrently assess applicants for Partnership Health Plan of California (PHC) eligibility for SHELTER, Inc./PHC units.
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Residency Preference (live or work in Vallejo):
Applicant families who live within the city limits of Vallejo, or whose head, spouse, or cohead of household works (verifiable, paid employment) or has been notified that they are hired to work within the city limits of Vallejo.
Required for verification:
• Employment must be reported to all applicable sources (i.e., the IRS, CalWORKs, etc.) to be eligible for this preference. If an applicant is on temporary disability from the job that is qualification for this preference, the applicant must still be employed by the company and eligible to return to work upon medical reinstatement.
• A Post Office Box address is not considered proof of Vallejo residency. • A family who claims to be homeless in Vallejo must provide business verification of services received in Vallejo or any other business documentation that ties that person to Vallejo. Handwritten letters from friends, relatives or other private individuals will not be accepted as proof of residence.
Proof of Vallejo Residence Preference:
• Lease/rental agreement and rent receipts from last 90 days if any • Utility bills from the last 90 days such as PG&E, water, sewer, and garbage, if any • Business mail dated within the last 90 days including but not limited to vehicle registration letter, insurance invoice, phone bill, medical bill, car payment invoice • Solano County Health & Social Services Cal Fresh food stamps letter dated within the past 60 days
Accessible Units
Accessible units and apartments with special design features are reserved for those persons who are disabled and have a related impairment that requires these features. Such households must have at least one person with such impairment. Applicants indicating the need for these units on their application or subsequent request will be placed on the waitlist and given priority selection for these units.
Record Retention
Applicant files must be maintained from the time an application is accepted, for the entire time an applicant is on the waiting list and for three (3) years after the applicant is removed from the waiting list.
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Transfers
A transfer list will be maintained to record the relocation requests of existing BROADWAY VILLAGE residents. This list is separate and apart from the Waiting List. Vacancies will be filled by either a waiting list applicant or an existing resident approved from the transfer list in accordance with the ratio guidelines established in the Housing Authority Transfers Policy.
VIII. Intake and Processing
Accepting Applications Management Agent
A. The application process is to be completed independently; however, staff may provide instruction/ support with the application process.
Additional assistance might take the form of answering questions about the application, helping applicants who might have literacy, vision or language problems and, in general, making it possible for interested parties to apply for assisted housing.
B. A reasonable accommodation may be offered in response to a request by a disabled applicant.
C. Every application must be completed and signed by all adult household members. All minor household members must be listed on the application.
Applicant intake interviews
Applicants selected from the VHA Waiting List and determined eligible by VHA and Coordinated Entry System (CES) will be contacted for an interview in writing and by phone. Case management support for homeless applicants will be engaged in the outreach efforts. Failure to respond to letters or phone messages may result in withdrawal of an application from further processing.
Interviews shall be conducted in a professional manner and in accordance with all applicable state, local and federal laws. No decisions to accept or reject applicants shall be made until all required procedures have been followed and the tenant selection criteria have been applied.
All adult members must be present at the initial interview. Property management reserves the right to cancel and reschedule the interview if all adult members are not present.
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Limited English Proficiency (LEP)
A Language Access Plan (LAP) has been established for this property that outlines how services will be provided to individuals who are non-English speaking or have limited English proficiency. Services include verbal translation services and/or written materials translated into other languages as required by the LEP. Applicants may prefer and reserve the right to hire and/or bring their own interpreter to their interviews and appointments with Management at their own expense.
Application and Intake Process for the Vallejo Housing Authority Screening and Preferences
The Vallejo Housing Authority (VHA) mails screening packets to Project-Based V oucher waiting list applicants according to their placement on the waiting list for the 47 VHA referral units. Placement is determined by (1) preferences claimed, and (2) time and date of application. Applicants who claimed both Local Resident and Homeless preferences are screened first. Those who claim the Homeless preferences are screened next. All preferences claimed on the initial application or while the family is on the waiting list will be verified after the family is selected from the waiting list to determine eligibility. If a family did not provide verification for the preference(s) claimed, their name will be returned to the waiting list and renumbered. And those who did not claim any preferences are screened last.
Application Processing
Applicants are to submit all documents required by HUD and the VHA including, but not limited to, verification of legal identity, consent forms for the authorization of the release of information, income and assets, homeless status, and local resident preference. If an applicant does not submit a screening packet by the due date, their application for the Project-Based waiting list will be deactivated. If an applicant submits a screening packet with missing materials, the VHA will provide the applicant with a written list of items to be submitted within ten business days.
Applicants who have submitted a substantial amount of their screening packet and verifications will have a cursory screening of their income eligibility. If an applicant is income eligible based on this cursory screening and no further income documents are required, the VHA will (1) notify staff of the referral, and (2) order a background check.
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Management Agent Direct Referrals
Staff may refer clients to the VHA, and these clients must also be determined eligible. Eligibility for the Project-Based V oucher program is based on meeting all eligibility requirements and background check for all adults on the application and the family’s gross income.
Denial and Appeals Process
If the VHA determines that the applicant is ineligible, the VHA will send written notification of ineligibility with specific reasons for the determination, and the VHA will inform the family of its right to request an informal review. If the VHA determines that the applicant is eligible, the VHA will notify the Management Agent in writing. Once an applicant is determined eligible by the VHA and Management Agent, they will be invited to a Project-Based V oucher briefing in accordance with the policies of the VHA Administrative Plan.
IX. Verification Requirements
Staff will review the application, TIC (Tenant Income Questionnaire) and supplemental forms to determine the household’s declarations. All declarations of eligibility factors will be verified in accordance with regulatory and program guidelines.
Types of Verifications Required
All information relative to the following items must be verified as described in these procedures. This is not an exhaustive list and is contingent upon the circumstances of each household.
Program Eligibility
• Identity
• Income
• Assets and asset income
• Household composition
• Full time student status
• Social Security number
• Homelessness certification from case manager or local referral source.
Period for Verification
Only verified income information that is less than 120 days old may be used for verification purposes. All verifications shall be date stamped
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upon receipt by staff. The 120-day period begins from the date of the stamp, which is the date the verification was received, and not the date it was filled out by the sender.
Information obtained which is subject to change and for which verifications are more than 120 days old, must be re-verified. Verified information not subject to change (such as a person's date of birth) need not be re-verified.
Forms of Verification
Documentation employed as part of the verification process may include:
• Letters from employer;
• Forms signed by the applicant;
• Verification forms completed and signed by third parties; • Applicant supplied documents;
• Information recorded by Management during an interview with the household;
• Notes of telephone conversations with reliable sources; and • Photocopies of documents, pay stubs, utility bills, statements, payments etc.
Sources of Information
Sources of information to be checked may include, but are not limited to:
• Present and former employers
• Electronic database
• Criminal background (will be run by Housing Authority) / credit checks • Applicant interviews
• Present and former property owners or housing providers • Case managers, social workers, parole officers, court records, drug treatment centers
• Clinics, physicians, therapists, pharmacies or other healthcare provider Attempted Fraud
All applicants will be required to sign an acknowledgment certifying under penalty of perjury, that all information provided is true and correct. Any information omitted or which proves to be untrue that is provided by the applicant during the eligibility process may be grounds for the denial of admission on the basis of attempted fraud.
Unwitting errors that do not secure an advantage with regard to program eligibility or rent will not be used as a basis to reject applicants.
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X. IRS Student Rule
According to the IRS, Low-Income Housing Tax Credit (LIHTC) units comprised of full- time students (none of whom can file a joint return) do not qualify as low-income units unless one of following exceptions is met:
1. Any member of the household is married and either files or is entitled to file a joint tax return.
2. The household consists of at least one single parent and his or her minor children, and the parent is not a dependent of a third party.
Any children may be claimed as a dependent of either parent, regardless of tenancy in unit.
3. At least one member of the household receives assistance under Title IV of the Social Security Act. (AFDC, TANF, Cal WORKS, etc. – Not SSA or SSI).
4. At least one member is enrolled in a job training program receiving assistance under the Work Investment Act (WIA) formerly known as the Job Training Partnership Act, or similar federal, state or local laws.
5. At least one member of the household is under age 24 and has exited the Foster Care system within the previous 6 years.
In addition to those attending a trade school, college, etc., for the purposes of the Tax Credit program, full-time student applies to those between the ages of 5-17. For those receiving Housing Choice V oucher assistance additional criteria may be applied.
XI. SHELTER, Inc. and PHC Eligibility
The 47 PBV units shall be reserved for those referred and verified by Coordinated Entry System (CES) as meeting at least one of the following criteria at the time of referral.
Homelessness
A. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
• 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, or • An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements
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(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 or she 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.
B. An individual or family who will imminently lose their primary nighttime residence provided that:
• 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, such as family, friends, faith-based or other social networks, needed to obtain other permanent housing.
C. Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless, but who:
• 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 (U.S.C. 14043e-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 USC 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-day period immediately preceding the date of application for homeless assistance, iii. 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 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
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English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
D. Any individual or family who:
• 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, such as family, friends, and faith based or other social networks, to obtain other permanent housing.
At Risk of Chronic Homelessness
• Persons who have resided in one or more of the following:
institutionalized settings, such as jail juvenile detention center or prison, hospitals, institutes of mental disease, nursing facilities, or long-term residential substance use disorder treatment, psychiatric health facility, mental health rehabilitation center, developmental center, residential treatment program, residential care facility or community crisis center for any length of time may qualify as homeless upon exit from the facility, regardless of the amount of time spent in such facility; and • Homeless Persons who, in the 12 months prior to entry into any of the facilities or types of institutional care listed above, have resided at least once in any kind of publicly or privately operated temporary housing, including congregate shelters, transitional, interim, or bridge
housing, or hotels or motels, may qualify as At-Risk of Chronic Homelessness.
Chronically Homeless
Α. ‘‘Homeless individual with a disability,’’ as defined in section 401(9) of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11360(9)), who:
• Lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and
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Β. Has been Homeless and living as described in the “at risk” paragraphs above continuously for at least 12 months, or on at least 4 separate occasions in the last 3 years, as long as the combined occasions equal at least 12 months, and each break in homelessness separating the occasions included at least 7 consecutive nights of not living as described in the “At risk” paragraph. Stays in institutional care facilities for fewer than 90 days will not constitute a break in homelessness, but rather such stays are included in the 12-month total, as long as the individual was living or residing in a place not meant for human habitation, a safe haven, or an emergency shelter immediately before entering the institutional care facility.
B. An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days or
C. A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria above, including a family whose composition has fluctuated while the head of household has been Homeless.
XII. Screening
Obtaining Authorization
All adult household members will be required to complete the authorization forms, at a minimum. Participants in the PBV program will be screened by VHA in accordance with policies outlined in the HUD regulations and their Administrative Plan in addition to the non-screening criteria outlined herein.
• By signing the rental application, the applicant is authorizing Staff to obtain these reports.
XIII. Determination of Admission
Once the eligibility screening criteria have been applied and successfully achieved, the applicant will be notified of the determination of admission in writing.
Determination of Rent and Security Deposit
As all of the units with the exception of the manager’s unit are paired with PBV the monthly rent will be 30% of gross household income.
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The security deposit is equal to $500.00, or the Total Tenant Payment (TTP) for PBV units.
Security deposits are due prior to moving in the form of a secure payment (cashier’s check or money order). Staff may approve the payment of the security deposit in up to two (2) installments for documented and verified extenuating circumstances that prevent payment in full prior to move in.
Unit Offer
An offer letter will be based on the order in which the file is complete/ a determination for admission is made.
Accessible unit offers
In the event that an accessible unit or apartment with special design features is vacant and an applicant requiring the special design features is not available to rent the apartment, a non-disabled applicant may be offered the unit. An Accessible Unit Agreement must be signed prior to possession that states he/she understands the requirement to move to a non-accessible apartment when one is available and move at his/her own expense.
Unit Acceptance
A. All adult members of the household will sign the Lease and related documents. Once a dwelling lease is executed, applicants will have three (3) business days to rescind their security deposit and rent payments and cancel their lease agreement without penalty.
B. The applicant will be given a copy of the Lease, the move-in inspection form, house rules and other documents, and the receipt for the security deposit and first month's
rent.;
C. The applicant will pay the rent for the first month of occupancy, as set forth in the Lease.
D. The applicant and Management will inspect the apartment, and both will sign the move-in inspection form;
E. The applicant will pay the security deposit as stated in Determination of Rent and Security Deposit above, unless a waiver has been approved
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F. After all prior steps have been taken above and the orientation is complete, keys to the apartment and common areas and access codes will only be issued to the adult household members listed on the lease agreement.
An orientation will be held which will include a summary of the Lease requirements, house rules, and any other information needed to assure that the new resident will be welcomed, comfortable and aware of their responsibilities at his/her new residence.
Prohibited reasons for denial
X I V. Determination of Denial
The following list of factors will not be considered in making a decision to deny an applicant:
1. Race
2. Color
3. Religion
4. Sex
5. Ancestry
6. National Origin
7. SHELTER, Inc. applicant credit history
8. Age (Unless head-of-household, who must be 18 or an emancipated minor with proof thereof or program requirements require a minimum age for eligibility.)
9. Sexual Orientation
10. Gender Identity
11. Marital Status
12. Familial Status
13. Receipt of Public Assistance
14. Parental Status
15. Political Ideology
16. Violence Against Women Act (V AWA) Victim
17. Handicap or Disability, including mental or emotional illness Applicants may be rejected if:
A. They are ineligible for the housing program.
B. They do not meet the selection criteria.
C. The household size is not appropriate for the apartment sizes that are available.
D. Applicant is found to have falsified information or attempted fraud in the application process.
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E. Threats and/or abuse of management staff or residents occurs during the application process.
All determinations of denial must be issued in writing within five (5) business days of the determination. The notification must:
A. Be sent to the address of record via US Postal mail.
B. Provide the specific reason(s) for the denial.
C. Advise the applicant of the right to appeal the determination within fourteen (14) calendar days in writing.
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Appeals
If an applicant appeals a determination of denial, Staff and the VHA will schedule and conduct the appeal review within ten (10) calendar days of the request. The review may consist of a review of documentation, speaking to or meeting with the applicant or performing additional verifications at Staff and the VHA's discretion. A written decision will be provided within five (5) days of the appeal.
Mitigating Circumstances
In conducting appeals Staff and the VHA will seek to understand and consider mitigating circumstances as follows:
A. Mitigating circumstances may be facts (that can be verified) that would overcome or outweigh information already gathered in the resident screening process. The need for reasonable accommodation may be considered a mitigating circumstance. Example: If an applicant with a previous history of disturbing neighbors was extremely poor due to a lack of proper medical care and treatment, but recent behavior was much improved as a result of treatment and case management, this may be considered a mitigating circumstance.
B. Mitigating circumstances shall be verified. For this verification to qualify the applicant for admission, the verifier must corroborate the reason given by the applicant for past unsuitable behavior and indicate that the prospect for compliance in the future is good, because the reason for their unacceptable behavior or circumstance is either no longer in effect or otherwise controlled.
C. Where applicants claim that prior unsuitable behavior resulted from alcoholism or drug addiction, acceptable verification of mitigating circumstances would have to establish that:
- There is no verified current abuse of alcohol or illegal drugs. Current abuse shall be defined as verified activity within more recent than 180 days prior to the date on the application.
- During the period for which the applicant has claimed no current abuse, the applicant's behavior in the previously unsuitable area must have shown improvement. Unimproved behavior shall be taken to construe that - either the applicant's unsuitable behavior was not caused by alcohol or drug abuse, or the applicant is still engaging in alcohol or drug abuse that negatively affects their ability to be lease abiding. In any case, a lack of improvement in a previously unsuitable area shall result in the determination of denial being upheld.
Staff shall also have the right to request further information reasonably needed to verify the mitigating circumstance.
D. Applicants will not be denied housing strictly on the basis that an applicant is or has been a survivor of domestic violence, dating violence, sexual assault, or stalking.
Disturbance of peaceful enjoyment, destruction of property, evictions, non-payment of rent etc. in connection with a V AWA related incident will be considered a mitigating circumstance.
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ATTACHMENT A
PBV OCCUPANCY STANDARDS
Bedroom Size Minimum # of persons Maximum # of persons 1 Management Unit 1 2
47 Resident Studios 1 2
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ATTACHMENT B
Broadway Village TENANT SELECTION CRITERIA
Broadway Village has a total of 47 apartment units including 1 Manager unit.
Set Aside Referring Agency Studio 1
Bedroom
Management Unit NA 0 1
Tax Credit/ Project Based
V oucher 30%
Resource Connect Solano 47 0
SHELTER, Inc. Tenant Selection Criteria:
In accordance with SHELTER, Inc. and Housing First principles reflected in California Women, Infants & Children (WIC) Section 8255, the screening and eligibility determinations for SHELTER, Inc. Assisted Units and TCAC Homeless Assistance will be designed to “screen- in” applicants with low barriers to admission to the property. Tenants will be selected in compliance with Housing First requirements as described in WIC Section 8255.
Although previous property owner verification, credit checks, criminal checks, and sex offender checks will be performed, results will be interpreted in accordance with WIC Section 8255, which provides that poor credit or financial history and/or a lack of rental history will not be disqualifying.
SHELTER, Inc. assisted unit applicants must meet the following criteria:
1. The income limits, occupancy standards, full-time student status rule and suitability standards outlined above must be met.
2. Referral from CES (Coordinated Entry System) by Resource Connect Solano.
3. Verified as homeless, chronically homeless or at risk of chronic homelessness with a serious mental illness as certified by CES.
Criminal history and suitability screening will be limited to criminal behavior and convictions related to tenancy as follows as a basis for denial:
a. Drug sale or manufacturing on the premises
b. Substance abuse that resulted in chronic disturbances to neighbors c. Threatening or violent engagement, acts or behavior against Management staff, agents or residents on the premises
d. Destruction or vandalism of the dwelling unit or premises
Approved May 2025 Pg. 1
Permanent Supportive Housing
MANAGEMENT Plan
The primary goals of SHELTER, Inc. are to ensure resident satisfaction, housing stabilization, and the long-term financial and physical wellbeing of Broadway Village through the provision of high -quality management services. Toward this end, this plan has been developed to set forth the relationship between the Owner and the Agent and to describe in detail the policies and procedures.
Specifically, the plan intends to outline a definite program of action to assure:
1. A well-managed and properly maintained project
2. A pleasant, healthy, and secure living environment for the residents
3. A pleasant relationship among the residents, the Management employees and members of the surrounding community
4. A community with Housing First and best practices for vulnerable populations model for residents exiting homelessness.
Regulators/Investors
This Management Plan has been written to address program requirements for the following regulators/investors and partners, if any:
• City of Vallejo
• County of Solano
• U.S. Department of Housing and Urban Development (HUD) • California Department of Housing and Community Development (HCD) • Wells Fargo
The most stringent compliance requirements will control the renting of units to ensure compliance with all of the regulating bodies.
Unless otherwise stated in the plan, the term “Owner” will refer to City of Vallejo or Firm Foundation.
The term “Agent” will refer to SHELTER, Inc. a n d t h e t e r m “ P r o j e c t ” w i l l r e f e r t o Broadway Village.
Description of Property
Broadway Village is a 48-unit complex located at 2441 Broadway St, Vallejo, CA. This new construction property features a community room, laundry room, parking lot to accommodate vendors and staff, management office, 2 case management offices, and a private property manager unit. The property is designed with seven (7) units detached from the main building that are ground level back to back “duet” living units alongside outdoor landscaped gathering space.
Broadway Village (Project):
Approved May 2025 Pg. 2
Number
of Unit
Unit Type AMI Program Referral Agency or
Property
Waiting List
Services
47 Studio
Bedroom
30% SHELTER, Inc. Resource Connect Services SHELTER, Inc. 1 1 Bedroom
Property
Mangement
unit
N/A SHELTER, Inc.
N/A SHELTER, Inc.
The Project will use a low barrier tenant selection process that houses those with the highest needs for available designated units, implements Housing First practices, and implements policies and practices to prevent evictions as codified in the Tenant Selection Plan.
MANAGEMENT
A. Role and responsibility of the owner and/or delegation of authority to the managing agent
1. It shall be the responsibility of the Agent to establish the general policies under which Broadway Village will operate. The Agent, based on previous experience with effective management practice, shall provide advice and recommendations in this regard. Such policies shall include but are not limited to; resident selection criteria and priority guidelines; eviction policies; house rules; security and emergency services; social services; and allocation of parking spaces.
The Agent will, by means of periodic budgets, financial statements, and status reports advise the Owner on the operation of the Project. In addition, the following procedures shall be followed to ensure effective day -to-day operations and cooperation betw een the Owner and Agent:
a. Day-to-day operation of the project will be under the direct supervision of the Program Manager who will report to the Program Director of the Agent. b. The Owner shall appoint a key contact person or liaison to represent the Owner in regular communications with the Agent.
c. There will be regular meeting times between the Owner and Agent for the purpose of reviewing policies, management procedures, resident relations, and budget control. Agent bears the responsibility of updating/modifying policies as needed in compliance wi th legal and regulatory requirements. The Agent agrees to notify the Owner of changes and provide a copy of the updated document no later than 30 days from the day changes are made. d. At no time shall the Owner or its representative issue instructions to any on-site personnel. Owner concerns and suggestions shall be communicated to the Agent’s Program Director who shall issue instructions to the Program Manager.
Approved May 2025 Pg. 3
e. As described in the Management Agreement, the Annual Operating Budget for the Project will be prepared by the Agent and approved by the Owner. In the event that items need to be purchased that either were not budgeted or that would bring the project over budget, the Agent will promptly inform the Owner by way of regular reports.
f. In the event that the Agent must arrange for emergency repairs involving manifest danger to persons or property, or make payments required to avoid suspension of any necessary service to the Project, the Agent will inform the Owner of the facts as promptly as possible.
B. Personnel policy and staffing arrangements by Agent:
1. Once the personnel and staffing requirements have been established by the Owner and Agent, the Agent shall hire, train, pay, and supervise all personnel, including independent contractors and other service providers. Both Supervisor and on -site personnel will be trained in the affordable housing component for this project, as well as Federal, State, and City requirements. Specific responsibilities for all project personnel are detailed in the job descriptions. However, the key roles for each staff member is as follows:
Title Key Responsibilities
Onsite Property Specialist and Affordable
Housing Specialist
Property staff that conducts unit inspections, rent
collection, unit emergency response.
Annual recertifications and interviews, resident
notices, leasing. Managers Site Office
Program Manager Overall program management, posts policies/ announcements, resident townhall meetings,
supervises Onsite Program Specialist Affordable
Housing Specialist
Case Manager Works with clients, identifying services and makes referrals to agencies in service to
resident’s needs. Helps ensure client housing
Program Director Supervises Program Manager, reviews
performance metrics, hires project personnel
Director of Property Supervises Property staff, capital improvement expenditure approval, escalations and legal
referrals
Maintenance Technician Responsible for janitorial of office and common areas, landscaping, and facility maintenance.
Approved May 2025 Pg. 4
The anticipated staffing pattern will be as follows:
Number of
Positions
Title Additional information
1 FTE Onsite Property Specialist Reports to the Property Manager and will live on site and act as the Night Manager
2 FTE Case Managers Report to the Program Manager
0.5 FTE Program Manager Report to the Program Director
0.5 FTE Program Specialist Reports to the Program Manager 1 FTE Maintenance Technician Reports to the Facilities Manager .5 FTE Affordable Housing Specialist Reports to Property Manager
0.5 FTE Program Director Reports to Senior Program Director
2. Hiring Policies
a. All hiring of on -site personnel shall conform to Equal Employment Opportunity guidelines without regard to race, color, creed, ancestry, age, religion, national origin, sex, sexual orientation, marital status, pregnancy, children, disability, AIDS - Related Conditions (ARC).
b. Special efforts will be made to provide information regarding job openings to minority candidates and contractors through outreach to community organizations, social media communication means.
c. The minimum qualifications for each position are detailed in the job descriptions.
The job descriptions are available from Human Resources.
3. The Agent believes in hiring personnel with previous experience in their particular field. Nevertheless, all personnel will receive training specific to the Owner's standards and Broadway Village. This training will consist of the following:
a. One-to-one counseling and supervision on the part of the Program Manager of the project.
b. Written guidelines, manuals, and materials.
Approved May 2025 Pg. 5
c. Periodic attendance at special training workshops sponsored by various property management associations for the purpose of updating and renewing work -related skills.
d. Periodic attendance at trainings on behavioral health, such as Mental Health 101, and Trauma Informed Care for the purpose o f supporting the tenants in general residents of assisted units in particular.
4. As indicated in the Management Agreement, all on -site personnel shall be employees of the Agent. Vallejo Housing Authority Project Based vouchers will reimburse the Agent for compensation payable to on -site staff and service providers, and for all taxes and assessments incident to the employment of such personnel. These reimbursements will be treated as Project expenses and paid out of the Vallejo Housing Authority.
5. Employment grievances, termination of employment, and promotions shall be conducted according to the Agent's personnel policies and procedures, which conform to equal opportunity and affirmative action goals and requirements.
C. Plan for maintaining adequate accounting records and handling necessary forms and vouchers
1. Financial accounting reports and records shall be in conformance with generally accepted accounting procedures and responsive to the guidelines provided by the regulatory agencies connected with the Project.
Accordingly, the Agent will maintain accurate files of all resident transactions, revenue, and expenditures and prepare the following monthly reports for the Owner's review:
a. Financial summary with vacancy report
b. Monthly and year-to-date budget comparisons
c. General ledger detail of all revenue and expenditures
2. Bills will be paid, and accounts will be funded pursuant to the requirements of the Project’s Regulatory Agreement and the HUD Project -based Voucher requirements.
Specifically:
a. A check request system will be utilized to document project expenses. b. All Purchases shall be pre -approved by the Agent’s Program Director and/or Property Director.
c. Invoices will be reviewed for accuracy and vouched for payment by the Accounts Payable Department. Checks are processed weekly for approved payables on hand. d. The following separate accounts shall be established, if required:
1) Replacement Reserve Account to be funded through regular contributions from the operating budget, based on a capital improvements schedule of anticipated useful life and replacement
Approved May 2025 Pg. 6
needs for major items. All interest or income earned by the Replacement Reserve Account shall be applied solely for major repairs, replacements or capital or structural improvements, and written approval of the Owner is required for any disbursement from this account. This account will only be opened at the request of the Owner or a Regulatory body.
2) Security Deposit Account to be funded by the residents’ security deposits. Policies and procedures for administering this account are noted in Section I (C) (6) below.
3) Operating Reserve Account to be funded in accordance with Owner or Regulatory agency requirement. Any disbursement from this account requires written Owner approval. This account will only be opened at the request of the Owner or a Regulatory body.
3. The Agent maintains a computerized General Ledger program which shall be continually updated to meet the accounting and reporting needs of the Project and to produce a quality audit trail.
a. Careful monthly monitoring shall allow for cost control, prompt identification of potential problems, and sufficient lead time to develop plans to meet project needs.
b. The Agent shall review major budget variances and appropriate actions shall be taken to ensure that monthly cash flow is sufficient to meet the Project's operating expenses and deposits to the reserve accounts noted above. Variance reports will be provided to the Owner upon request.
c. Procurement of contract services
1) Agent shall obtain contracts, materials, supplies, and services on the most advantageous terms available to the Development and shall solicit bids. For expenditures that exceed Three Thousand Dollars ($3,000), the Agent will obtain at least three (3) bids in writing.
The Owner must approve any expenditure anticipated to exceed Five Thousand Dollars ($5,000) in any one instance for labor, materials, or otherwise. Exigent, health , and safety repairs , as well as budgeted replacement reserve items, do not require Owner approval but rather notice to the Owner . The Agent will strive to contract with minority vendors and contractors in the area.
2) The Agent shall prepare such bid specifications and supervise the bid proposals and acceptance procedures.
Approved May 2025 Pg. 7
d. In the event that items need to be purchased that either were not budgeted, or that would bring the Project over budget, the Agent will acquire approval from the Owner prior to expenditure. The project budget is soley funded from PBVs. e. Ag
ent shall establish and maintain a comprehensive system of records, books, and accounts in accordance with Generally Accepted Accounting Principles (GAAP).
Agent shall maintain such books and records as to satisfy the reporting requirements established under the affordability restrictions. All records, books, and accounts shall be subject to examination during regular business hours with at least 10 business days’ notice. Additionally, all records, books, and accounts are subject to City's audits and funder review at any time in next 7 years.
4. In order to ensure strict compliance with the requirements noted above in Section I (C)(3)(f), the Agent will systematically review all pertinent Regulatory Agreements and document relevant deadlines, reporting formats, etc. Vacancies and rent losses will be noted and recorded on the monthly financial summary report for the Project. (See Section I (C) (1) above).
5. Security Deposits
a. Residents may be required to make a refundable security deposit in accordance with applicable state and local laws. The deposit shall be $500. The security deposits shall be held in a separate trust account with a depository insured by an agency of the federal government or a comparable federal deposit insurance program. The balance of this account shall always equal or exceed the aggregate of all outstanding deposits, plus accrued interest, if applicable. Unhoused may be exempt from the deposit requirements if funding is not identified to assist. b. A
move -out inspection will be performed when a unit has been vacated, to identify repairs and cleaning that are above and beyond normal wear and tear, which shall be charged against the security deposit. The resident has the right to be present and will be encouraged to participate in this inspection. The move- out inspection form will be compared to the move -in inspection form to determine the extent of resident-caused damages.
c. Within twenty -one (21) days from the date of move -out, a security deposit refund form will be completed, indicating:
1) Security deposit on hand.
2) Amount of rent or unpaid charges owing as of the date of the move-out. 3) Amount of damage and/or cleaning charges to be assessed. An itemized list of work and actual costs will be attached to the forms for repair, cleaning, or replacement of items above normal wear and tear.
Replacement of items charged to the resident is based on the life of the item and the amount of damage. The balance of the security deposit
Approved May 2025 Pg. 8
after deductions for outstanding rent, charges, cleaning, and damages will be refunded to the resident with this form and itemization of costs. d. As part of the resident orientation interviews, residents shall receive an explanation of the use of security deposits.
6. O
ther reports
The Agent shall also provide reports required by other regulatory agencies and funding sources as outlined in the regulatory agreements with those entities.
D. Insurance –
The Agent, with the Owner’s approval, shall arrange for the Project to be insured against loss by fire and such other hazards, casualties, liabilities, and contingencies, and in such amounts and for such periods as required by any loan and/or regulatory agreement. The Agent will ensure that such insurance is kept in effect at all times.
Competitive bids will be sought to ensure the most cost -effective coverage available. Both the coverage and the carrier(s) will be reviewed annually. All insurance policies and renewals shall be issued by a carrier and in a form acceptable to the Owner and any regulatory agency.
Property insurance policies shall name the Owner and any regulatory agency as an additional loss payee and liability insurance policies shall name the Owner as additional insured. This includes, but is not limited to, The City of Vallejo and the Vallejo Housing Authority.
Per the Management Agreement, the Agent will also report, investigate, and pursue the resolution of all accidents or claims in connection with the operation of the Project.
II. O
CCUPANCY
A. Plans and procedures for achieving full occupancy
1. Units shall be marketed in accordance with Affirmative Marketing Plan, and the Tenant Selection Plan.
Refer to this property’s Affirmative Marketing Plan, for marketing activity details and the Tenant Selection Plan (TSP). The TSP includes information on tenant eligibility, household size and the selection process. This document is available to prospective residents upon request and at time of housing eligibility interview. The Appeal and Grievance Procedure will be provided to applicants at the time of move-in orientation. a. Prospective renters shall be recruited through an affirmative marketing strategy designed to ensure equal access to all appropriate-sized housing units at the Project for all persons in any category protected by federal, state, or local laws governing discrimination.
Approved May 2025 Pg. 9
b. Public agencies, social service agencies, and local community groups will be contacted in accordance with the Property’s Marketing Plan. c. All advertising for this Project shall include prominent use of Equal Housing Opportunity logos, slogans and/or statements of intent to affirmatively market the units. Material to be used in the affirmative marketing plan include: 1) a fair housing poster to be displayed in the rental office, or wherever prospective renter interviews take place; 2) an Equal Housing Opportunity logo to be displayed on the Project sign; 3) The Equal Housing Opportunity logo and the ADA logo are to be displayed on the marketing brochure, flyers and other marketing materials. Both the Equal Housing Opportunity and ADA logos will be prominently displayed in the rental office. d
. The effectiveness of the affirmative marketing will be assessed annually for factors such as: the frequency and quantity of applicants least likely to apply and the attrition rate of applicants. In the event that requirements are not met, the marketing plan will be revise after reviewing census data, researching quality and additional marketing sources and methods and seeking partner referrals to address the findings of the statistics and market studies.
2. As indicated above in Section II (A) (1) (b), both public and private community agencies will be used as referral sources for notifying a representative number of the area's general population of the availability of the housing. In addition, local newspapers, an d
o
ther media will be sent marketing material and be used to place classified advertising as necessary and in accordance with this property’s Affirmative Marketing Plan.
3. Procedures will be followed to assure that waiting lists are current and have adequate numbers of applicants for each income category. Such procedures shall include the following:
a. An electronic waiting list will be maintained by management in accordance with the Tenant Selection Plan.
b. Applicants will be instructed to notify property manager of their changes to their contact information and/or eligibility factors within a reasonable time frame. c. Management will contact all applicants on the waiting list in writing at least once a year, asking them to advise management of their continued interest.
4. Resident orientation shall include:
a. Written orientation material including general information about the Property, a list of management/maintenance contact numbers and other information regarding emergency procedures, as well as Resident Services and amenities. b. Residents will be given a tour to acquaint them with the physical layout of the Property and the location, fire extinguishers, and fire exits, as well as a review of fire precautions and evacuation procedures.
Approved May 2025 Pg. 10
c. A thorough review of the House Rules and Regulations will be conducted with each adult resident of the household. In addition, at the time the rental agreement is signed, all provisions of the rental agreement will be explained, and each resident will be provided with a copy of the agreement. d. Inspection of each dwelling unit by the property manager or her/his appointee and new resident(s). At this time a Move-In/Move-Out Itemized Statement will be used to document the unit's condition and will be signed by both parties.
Written instructions will be provided to all residents explaining the use and care of all appliances, maintenance, and service request procedur es. A move -out inspection will be conducted by the manager and the resident. Prior to the move-out inspection the Property Manager will offer to schedule a pre - inspection a minimum of two weeks before the scheduled move-out inspection.
The original Move -in/Move-o u t I t e m i z e d S t a t e m e n t w i l l b e u s e d t o n o t e t h e current condition of the unit at move-out and will be signed and dated by both parties.
B. Reasonable Accommodation Policy
1. T he Agent shall apply all City, State, and Federal requirements in accommodating residents with limiting physical impairments as the structure of the building will allow.
This includes but is not limited to:
a. Adjusting units from” adaptable” to “accessible” for the purpose of accommodating residents who may need grab bars, lowered counters, etc. in their units. b. Installing special accommodations for hearing impaired residents including strobe light doorbells and phones.
c. Other accommodations as may be allowed under the building code and within the physical and financial capacity of the existing building.
No otherwise eligible applicants will be denied on the basis of a request for a reasonable accommodation.
C. Procedures for determining eligibility and annual certification
1. The Agent shall apply all City, State, and Federal requirements in determining Resident eligibility at initial rent -up and during subsequent re -certifications of Resident income.
When filling a vacancy, the Agent will be following the Tenant Selection Plan. This includes:
a. A brief conversation by phone to determine if the applicant household meets minimum eligibility criteria.
b. A personal interview.
Approved May 2025 Pg. 11
c. Prospective residents who have determined to be ineligible will be so notified in writing. Denied applicants will have an opportunity to file an appeal and provide further information if they feel an error has been made in assessing their eligibility.
d. Actual eligibility will be determined as follows:
1) Each prospective resident shall complete an application form and return it to the Property Manager with signed permission for third party verification of income.
2) When an applicant name nears the top of the waiting list, pertinent information will be confirmed as current and third- party verification letters are sent. Previous landlord verification, credit checks, criminal checks and sex offender checks will be performed as applicable. 3) The property manager shall conduct a personal interview with all
m
embers of the prospective household.
4) Third party verification forms will be used to compute income eligibility a
nd a determination will be made concerning applicant household's ability to live harmoniously within Broadway Village community. 5) Previous landlord verification, credit checks, criminal checks and sex offender checks for specific housing programs that require it will be performed.
6) Written notice will be sent advising applicants of their final eligibility status.
2. The Program will use a low barrier tenant selection process that houses those with the highest needs for available designated units, implements Housing First practices, and implements policies and practices to prevent evictions as codified in the Tenant Selection Plan attached hereto as Appendix 2.
3. The annual Resident re-certification procedure will be as follows:
a. A "Tickler file" will be kept on the move-in anniversary month for all residents. (Or annual re-certification date for whole property.)
b. Residents will receive re-certification notices at 120, 90, 60 and 30 days prior t
o their anniversary. Residents will receive a letter advising them of their impending re-certification date, asking them to come in for a personal interview and sign the release portion of the third-party verification forms.
These will be forwarded to the appropriate third parties.
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4. Resident occupancy standards shall be established and implemented in accordance with policies established by the Owner and the Regulatory Agreements applicable to the Project.
Restricted units shall not differ substantially in size or amenity level from no n-Restricted Units with the same number of bedrooms. Restricted Units shall not be segregated from non-Restricted Units, and Units shall not be segregated from each other on the basis of income-level restrictions.
5. Leases, House Rules and other rental contract documents will meet requirements specified in the property’s regulatory agreements.
D. Rent collection policies and procedures
The resident orientation information (both written and oral) for Broadway Village shall address rent collection policies and procedures, if applicable to the tenant. Such policies and procedures shall be strict, consistent, easily understood, and firmly enforced. This information will be provided to all the residents at move-in as well as to all management staff and the Owner.
1. The on -site property manager shall collect and record all rents, resident fees and charges and shall promptly deposit daily receipts to the appropriate project. All rent will be due and payable on the first day of the month but in no event later than five (5) calendar days after due date. Method, time and place will be made clear to the residents and will specify that payment is to be made on-site either by check or money order. The Agent will provide the resident with a rent receipt.
2. Rents not received by the fifth (5th) day of the month are considered late and a delinquent rent notice will be sent by the Property Manager . A Notice to Pay rent or Quit will be served on the first business day following the 5th of the month. If the rent is not received during this period, the Property Manager will inform the Pro gram Manager who will authorize the retention of an attorney to pursue unlawful detainer actions. Agent shall make the determination when to commence eviction procedures.
3. Partial rent payments (except for pro -rated rents involving a midmonth move in date) will not be accepted.
4. Rent increases shall be anticipated and implemented as the needs of the Project dictate, in conjunction with the preparation of the Annual Operating Budget. The Pro gram Director, in consultation with the Director of Property , shall prepare the Annual Operating Budget for the approval of the Owner.
a. Rent increases shall be implemented in accordance with regulator y
r
equirements and Federal, State, and local law. All rent increases and adjustments in the utility allowances will be presented to the Owner. b. Rent increases implemented by property management (and not a subsidy s
ource such as Project Base Vouchers) will be based on the most restrictive program in accordance with the regulatory agreements in place for Broadway V
illage.
Approved May 2025 Pg. 13
5. Should a resident cause damage to the premises in the course of his/her tenancy, the resident will be billed for the repair of such damages when they occur . These damage charges will appear on the resident's rent ledger card and will show as a balance due until paid in full. However, should these charges still be owed when the resident vacates the unit, such charges will be deducted from the security deposit refund. Remaining charges for damages in excess of the security deposit will be recovered by referring the case to a professional collection service.
Residents will be charged for resident-caused or resident-requested replacements and repairs. Charges for these items will be at a rate that does not exceed the actual cost paid by the Agent for labor and materials.
Residents having financial problems that affect payment of their rent may be referred to an appropriate social agency for assistance with remedying their problems. Case Manager will refer the resident to determine alternate solutions to eviction if they are experiencing financial management challenges and/or making late rent payments.
7. Legal costs incurred in pursuing collections of rents and/or eviction procedures shall be borne by the Project and shall be paid for out of the General Operating Account.
8. Rent collections shall be recorded in a computerized system that produces a receipt for the resident, a record on the resident's ledger card, and a permanent ledger entry.
9. A master "rent-roll" shall be maintained and regularly updated, indicating number, name of occupant(s), rental amount, any subsidy payment(s), and current payment status fo r
e
ach of the units in the Project.
10. A late fee will be charged in connection with any rent payment not received by the fifth (5
th) day of the month during the month it is due.
11. A service fee will be charged for returned checks. Following the occasion of two (2) checks being returned by the bank, rent payment by cashier’s check or money order will be required for the term of residency.
E. Plans for enhancing resident-management relations
Resident-management relations shall be based on a policy of cooperation and communication.
For that reason, the Agent provides regular Resident meetings. Residents shall be encouraged to understand that their involvement with Broadway Village and therefore their ideas, priorities, suggestions and concerns, are both sought and valued. The Agent shall enlist the support and participation of the residents in the following four areas:
1. Case Manager Led Activities:
Resident activities such as exercise classes, welcoming and social groups (coffee hour), art and craft workshops, etc. These activities are designed to help support the ongoing services provided by the staff.
2. Problem Solving
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Residents are engaged in solving problems generated by other residents, such as excessive noise or other disturbances. The Agent will encourage residents to act as a cohesive body to see those policies affecting the community as a whole are enforced.
Continued or persistent programs will be addressed through lease enforcement. 3 . Appeal and Grievance Procedures
Residents with complaints or special requests will be encouraged to contact management staff in writing. Management will make every attempt to respond to complaints before they become grievances and will resolve any complaints or grievance as outlined in the property’s grievance policy.
4. Ongoing Communication
Residents shall be encouraged to offer suggestions to the manager and senior management staff in a variety of areas of concern, such as security, maintenance, and rent increases, both individually or collectively at community meetings. Resident involvement in planning can result in more relevant, sensitive and effective management policies and also recognizes the principle that "participation brings commitment". For example, given an opportunity to participate, residents will act to improve the quality of life in their community.
a. Regular Resident meetings will be conducted. Residents will be provided copies of the house rules and other materials pertaining to policies governing their occupancy at the apartment community.
b. Management staff will also provide the residents with a list of emergency numbers for hospitals, ambulance, fire department and police department, as well as the phone number of the onsite office and back -up information in the event of emergencies when the office is closed. Residents will also receive information about energy and water conservation and what each resident can do to reduce energy and water waste.
c. A copy of the Emergency Preparedness Plan for Broadway Village will be developed by the Agent and promulgated to residents. This plan is designed to maximize the health and safety of the residents in the event of an emergenc y
s
uch as an earthquake or power outage. The plan will be distributed to all residents at time of initial occupancy and periodic drills will be scheduled to give residents the opportunity to practice their response to an emergency situation.
5. T
his Section Applies to Properties Subject to Housing First Model Only Housing First Practices shall be subject to periodic compliance monitoring by the project’s regulators. The supportive services provision will be based on Housing First principals coupled with ongoing education and supportive services that focus on formerly unhoused people. The use of harm reduction strategies allows staff to start “where the person is at” and address the individual identified needs, allowing trust and rapport to develop. Regular availability and visibility on-site will reduce the barrier of connecting to a service provider as needed and reduce lengthy time lapses to connecting to services.
Approved May 2025 Pg. 15
Residents are not required to enro ll in services as a condition for housing but we encourage them to do so.
In addition to Housing first, the project will take an aging in place approach to support the residents. All services emphasize enhancing the resident’s quality of life and include community building activities and events to help residents develop a local support network and increase their sense of self-worth.
Housing First Strategies such as an Eviction Prevention program will be implemented wherein the warning signs of lease violations are identified early, through regular case management meetings, casual observation and interaction, and close coordination between property management staff and supportive service providers. The use of alcohol or drugs in and itself, without other lease violations, is not a reason for eviction.
We recognize the importance of developing a very comprehensive Resident Services Plan to include but not limited to, Educational Programs, etc. In addition to the above, Agent may contract with outside services providers to assure resident needs are met.
III. MAINTENANCE / SECURITY:
A. Plans for carrying out an effective maintenance and repair program The Agent is responsible for the On-Going Maintenance Program, which shall include the following:
1. Scheduled preventive maintenance and repair of installed equipment in accordance with manufacturers' recommendations and the requirements of equipment operating manuals. The skilled maintenance contractors will perform this work.
2. Scheduled inspections and maintenance requirements for all fire safety systems on site as required by the city, insurance and HCD.
3. Routine repairs to kitchen appliances, electrical, plumbing, and heating equipment. On-site staff or independent contractors will perform this work.
4. Preventive monthly apartment inspections to regularly and consistently ascertain the condition of each unit. Maintenance problems discovered during these inspections shall be handled according to the work order procedures as described in Section III (E) below.
5. Preventive regular inspections and inspections of common areas and equipment, as well as regular schedules (daily, weekly, monthly, quarterly, annually) for maintaining the same.
a. Maintenance of exterior areas shall include keeping grounds free of litter, trash and paper. Parking areas will be maintained in good repair and free from dirt and litter.
Approved May 2025 Pg. 16
b. Common areas such as hallways and laundry rooms will be swept and cleaned daily and kept free of trash and other debris.
5. Garbage and recycling removal will be affected through arrangements with a contractor services company. The trash areas will be swept daily and scrubbed with disinfectant when necessary.
6. Extermination services will be contracted so as to provide a high level of sanitation and cleanliness.
B. Preventative maintenance
A Preventive Maintenance Schedule will be developed and implemented. Interior painting and redecoration of individual units shall occur every 3 to 5 years based on need substantiated by the annual physical inspection, or as occupancy changes, or as the Agent and Owner may otherwise deem necessary.
C. Maintenance work orders
Routine maintenance requests will be completed within seventy -two (72) hours. All items needing repair or replacement, whether reported by the residents or discovered by management staff, shall be recorded on a maintenance work order form by the manager or maintenance staff.
1. The form shall be completed. A copy shall be given to the resident upon request, and a copy shall be retained in a suitable ledger for follow-up as the work proceeds.
2. The work order form shall indicate the costs of labor and materials and the manager shall determine any charges to residents for damages beyond normal wear and tear.
Residents will be billed promptly for damages they cause, and, per the lease agreement, be required to reimburse the Pro gram within thirty (30) days or other reasonable time agreed upon by the Agent and resident.
3. Once the work is completed and the resident has acknowledged this by signing a copy of the work order, the ledger copy shall be placed in the permanent file assigned to the resident's unit.
4. All emergency repairs or replacements, regardless of the time of day they occur, shall be handled promptly. Emergency needs shall be defined as those situations posting immediate threat to the health and safety of residents and/or the integrity of the grounds, buildings, and equipment, including: the interruption of services, hot or cold running water electricit y, gas, adequate hear and plumbing: glass breakage which deprives residents of security or heat; or repairs that if not performed would expose residents to injury. In case of an emergency after business hours, a 24-hour answering service will be maintained to notify the manager.
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D. Unit inspections
Inspections shall be scheduled and performed by the on-site staff at least on an annual basis unless it becomes evident that more frequent inspections are required. Work orders will be generated to address repairs needed in the unit. Life, health, and saf ety repairs will be completed immediately. Routine work orders will be completed within 72 hours or as soon as ordered replacement parts are received.
E. Capital improvements
Major interior redecorating of common areas, exterior painting, and projected replacements to building infrastructure, heating and ventilation systems shall be integrated into a capital improvements schedule which shall serve as a basis for computing and establishing the Replacement Reserve Fund and adequate contributions from the annual operating budget. This schedule shall project the anticipated useful life and replacement costs for such major items and will be compiled upon completion of the project.
F. Resident security
Broadway Village has been designed with best practices for vulnerable populations in mind as it is recognized that resident security is an essential part of maintaining a safe and stable community. It is anticipated that security needs will be met via the following features:
1. The use of bolt locks for dwelling units.
2. Common area building entrance and exit points will only allow admittance to residents or guests that residents admit via fob entry or tele-entry system.
3. Adequate safety lighting and visibility throughout the Pr ogram and surrounding areas that reduces or eliminates blind or dark spaces and trip hazards.
4. On-site management staff to address emergencies and represent strong and consistent management presence at the Program.
5. The contact information for on -call services and management will be posted in common areas and annually reviewed with tenants the project’s grievance policy.
6. Incident reports will be submitted for all 911 calls. Including incidents in regards to fire, flooding, violence, threats, and medical emergencies. Incident reports will be provided to Owner as arranged with the program contract.
In addition, the Owner will consult regularly with the Agent to discuss the need for any special security provisions that may arise.
G. Provisions for periodic update of Management Plan
Unless significant operational changes occur, the Owner and Agent will review this plan every 5 years and update as needed to ensure compliance with all programs governing Broadway Village.
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H. Conflict of Documents
In the event of a conflict in any property documents between the operator agreement and any of its attachments (exhibits A-E), the Operator Agreement controls.
Appendices:
1. Affirmative Fair Housing Marketing Plan
2. Tenant Selection Plan
3. Appeal and Grievance Procedure
Language Assistance
Available
1 Limited English Proficiency (LEP)
&
Language Access Plan (LAP)
Approved May 2025
2 Office Locations
Concord
Fairfield
Address: Corporate Office
1333 Willow Pass Road, Ste
206
Concord, CA 94520
Address: Regional Office
1125 Missouri St. #209
Fairfield, CA 94533
Phone: 925) 335-0698 Phone: (925) 335-0698
Sacramento
Pittsburg
Address: Regional Office
3780 Rosin Ct.
Sacramento, CA 95834
Address: Regional Office
84 W Sixth St.
Pittsburg, CA 94565
Phone: (925) 335-0698 Phone: (925) 335-0698
The following information is available in other forms to people with disabilities by calling your local SHELTER, Inc. office (see above). For TTY/VCO/HCO Users, call the California Relay Service (phone) at 711 or (800)735-2929. For the Speech-to-Speech Relay, call (800)854-7784.
3 Introduction
SHELTER, Inc. (“SI”) is committed to reducing barriers that could preclude Limited English Proficiency ("LEP") applicants, residents and their families from having meaningful access to SI's housing programs and services.
Many of SI's housing developments are financed with funding from the U.S. Department of Housing and Urban Development ("HUD"). In 2007, HUD issued guidance concerning the "Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons.” This guidance establishes standards for providing meaningful access to LEP Persons in connection with HUD funded projects.
SI has implemented an LEP Language Access Plan in response to the HUD Guidance.
The Language Access Plan (LAP)
SI has prepared this LEP Language Access Plan in accordance with the 2007 HUD Guidance and Title VI of the Civil Rights Act of 1964 which provides that “no person shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits or, or be subjected to discrimination under any program or activity receiving Federal financial assistance." This plan is also consistent with other State and federal fair housing laws and regulations.
SI has developed this plan to help identify reasonable steps for providing language assistance to persons with Limited English Proficiency who wish to access SI's federally funded housing services and programs. These persons include housing residents, prospective applicants, applicants, and their respective family members (collectively, "Clients"). "LEP Persons" are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English.
In accordance with HUD Guidance, SI performs a four factor LEP analysis for the areas in which each of its housing developments that have federal funding are located. This four-factor analysis takes into account the following factors:
(1) The number or proportion of LEP Persons eligible to be served or likely to be served by SI's housing services at the particular development. SI has reviewed (a) the LEP demographic census data for the service area of each housing development to determine those likely to be served, (b) the actual tenant population at each housing development, and (c) staff experience with the language needs of residents at each housing development; (2) The frequency with which LEP persons come into contact with each property. SI staff has looked at the LEP demographic data and staff records/experience regarding its tenants, applicants and potential applicants at each housing development; (3) The nature and importance of the program, activity, or service provided by the program to people's lives. SI acknowledges that housing and access to housing is a critical component of a person's well-being and will take necessary steps to ensure required language access; and (4) The resources available to SI for the costs associated with language assistance. SI has reviewed the resources available for language assistance, as well as methods to pool resources within the organization in order to serve multiple developments at lower costs.
4 SI intends to reassess these "four factors" every five years and update its Language Access Plan(s) accordingly. Regular monitoring of the plan and coordination under the plan will be performed by SI's LEP Coordinators and SI’s LEP Liaison Team. SI will incorporate training related to this plan into initial and ongoing fair housing training for property management and SI executive staff.
Affirmative offer of language assistance
At all projects and programs, SI staff will initiate an offer for language assistance to Clients who have difficulty communicating in English by using its Language Identification Sheet (which is equivalent to “I Speak” cards). When Clients ask for language assistance, staff will work to offer interpretation services performed by competent interpreters in a language that the Client will understand, in a way that preserves confidentiality, and in a timely manner. The interpretation will be offered at no cost to the Client.
Interpretation Services
Competency standards for oral interpreters
To provide effective services to LEP Persons, SI will endeavor to use competent interpreters. “Competency” typically requires that interpreters have proficiency in both English and the intended language; training that includes the skills and ethics of interpreting; and fundamental knowledge in both languages of any specialized terms or concepts, with sensitivity to the Client’s culture.
Using an Interpreter for Oral Interpretation
SI has established the following protocols in connection with oral interpretation for LEP Clients.
General requirements
1. Verify Client LEP status
SI staff will verify if a Client is LEP by using its Language Identification Sheet. Bilingual staff, Language Line Services staff, or vendors providing interpretation or translation services may assist in Client identification.
2. Document use of interpreter
SI staff will document in the Client’s file or keep appropriate records when an interpreter is used or when a Client makes use of another form of language assistance. For residents, this will include documentation using SI’s Household Primary Language Form. This will help SI in its ongoing efforts to determine the needs of its Clients. To the extent practicable, and if appropriate, interpretation services will be provided in person.
3. Use of minor children
SI staff work to ensure that the use of minor children as interpreters is appropriate given the subject matter and the minor's ability to effectively communicate the materials/information needed.
4. Prior approval for contracted services
Use of contracted services for bilingual assistance must typically be approved in advance by a Program Manager. The Program Manager may approve contracted services in advance for those developments with significant LEP populations or with a demonstrated need for such services. Calls to the language line in emergency situations or if needed to help verify Client identity and schedule a later meeting where an interpreter is present are permitted without Program Manager approval.
5 5. Interpretation Resources
When interpreter services are needed, staff use the interpreter resources listed below (in order of preference):
A. SI bilingual staff
SI will use its best efforts to provide Clients access to competent bilingual site staff.
Current bilingual site staff are listed in Attachment 1 and they will:
• Verify the identity of the Client and/or the person when they are communicating in- person or via the telephone.
• Ask the Client if he/she desires to have a family member or friend serve as an interpreter, and give the Client the option to give or refuse consent.
B. SI volunteer interpreters
When bilingual site staff are not available, other staff volunteers, with the permission of their supervisors, may assist SI employees with occasional interpretation services when their workload allows. Current SI staff volunteer interpreters are listed in Attachment 2 by property and region.
C. Telephone interpreter services - Language Line Services Language Line Services, provides telephone interpretation in over 150 languages 24 hours a day, seven days a week. Staff should use Language Line Services when bilingual staff or volunteers are not available, when the language is one not commonly encountered at SI or when staff are not sure what language a Client speaks. The service can be used for either in-person interpretation (using a speaker phone) or for phone calls (using a “conference” line as described below).
To access Language Line Services call 1-866-874-3972 and use the mandatory passcode of: #### (or staff can find additional information at http://www.languageline.com). Users of this interpreter service are charged on a per-minute basis, currently (as of July 2016) $2.60/minute (some languages will be billed at a lower rate - $2.60/minute is the maximum per minute rate).
To access Language Line Services, staff will need to know both the dialing instructions below and the client Code. Remember to keep the client access code handy—check with the regional office’s support staff.
When receiving an LEP call
When staff answers a call and determines language assistance is necessary:
A 3-way conference call is created using the conference button (or switchhook, flash button or transfer button) on the telephone (the caller is told “hold on,” “wait,” “one moment,” etc., to indicate that staff is not hanging up). Language Line Services is called (per below dialing instructions) and the interpreter will come on the line.
Then, the caller is added back to the call so that all three parties are connected.
When placing an LEP call (or doing in-person interpretation) A call is placed to the Language Line Services (per below dialing instructions) and the interpreter will come on the line.
Once the interpreter is on the line, a 3-way conference call is created by adding the Client or applicant to the conversation using the conference button (or switchhook, flash button or transfer button) or “speaker” button on the telephone. (This scenario works if the Client
6 is in the office or is waiting at a predetermined number.) Dialing instructions on how to access an interpreter
When Receiving a call:
1. Use your phone’s conference feature to place the Limited English Proficient (LEP) speaker on hold.
2. Dial: 1 (866) 874-3972
3. Provide your Client ID # ######
4. Provide SI Password: ####
5. Select the language you need
a. Press 1 for Spanish
b. Press 2 for all other languages and state the name of the language you need ** Press 0 for agent assistance if you do not know the language
6. Provide: Your Region(i.e. Concord, Fairfield, Sacramento, Pittsburg) You will be connected to an interpreter who will provide his/her name and ID number.
7. Brief the interpreter. Summarize what you wish to accomplish and provide any special instructions.
8. Add the LEP onto the call.
9. Say “End of Call” to the interpreter when your call is completed.
NOTE:
When placing an outbound call to a LEP, begin at Step 2. If you need assistance placing a call to the LEP, please inform the interpreter or agent at the beginning of the call.
When the LEP is face-to-face with you begin at Step 2. Once the interpreter joins the line, brief him/her and place the phone on “Speaker” mode or pass the handset back and fourth.
SI staff should familiarize themselves with the Language Line Services interpreting process before they actually use it. To view a demonstration visit their Web site at www.languageline.com or at https://www.youtube.com/watch?v=LQoCRen--M4.
Helpful hints for using telephone interpreters
• Tell the interpreter the purpose of your call. Describe the type of information you are planning to convey.
• Enunciate your words and try to avoid contractions, which can be easily misunderstood as the opposite of your meaning, e.g. use “cannot” instead of “can’t.” • Speak in short sentences, expressing one idea at a time. • Speak more slowly than your normal talking speed, pausing after each phrase. • Avoid the use of double negatives, e.g., “If you don’t appear in person, you won’t get your benefits.” Instead, say “You must come in person to get your benefits.” • Speak in the first person. Avoid “he said/she said.”
• Avoid using colloquialisms and acronyms, e.g., “MFIP.” If you must do so, please explain their meaning.
• Provide brief explanations of technical terms or terms of art, e.g., “’spend-down’ means the Client must use up some of his/her monies or assets in order to be eligible for services.”
• Pause occasionally to ask the interpreter if he/she is understanding the information that you are providing, or if you need to slow down or speed up in your speech patterns. If the interpreter is confused, so is the Client. • Ask the interpreter if, in his/her opinion, the Client seems to have grasped the
7 information that you are conveying. You may have to repeat or clarify certain information by saying it in a different way.
• ABOVE ALL, BE PATIENT with the interpreter, the Client and yourself! Thank the interpreter for performing a difficult and valuable service.
D. Use of family or friends as interpreters
Staff should accommodate Clients’ wishes to have family or friends serve as interpreters whenever possible. However, staff must keep in mind issues of Client confidentiality and interpreter competency. Follow these rules:
• Protection of confidentiality and accuracy of interpretation should always be of highest concern, particularly if the interview concerns topics that may negatively affect eligibility for services.
• Always offer the interpreter services described above and explain that no charge will be made for use of the above resources.
• If a Client prefers to have a family member or friend serve as an interpreter, ask if the Client will allow a trained interpreter to listen in to ensure accuracy of interpretation. • If the offers are refused, document the offers and refusals and accommodate the Client’s wishes.
• Minor children may be used when the content of the material is appropriate i.e. notice of inspection, upcoming social events, etc.
• Bilingual staff or contracted interpreters are preferred in situations where a Client must answer complicated or detailed questions about his/her circumstances regarding occupancy and or eligibility.
E. Outside resources
For an extensive listing of interpretation and translation vendors, see the local telephone directory under “Translators and Interpreters.”
Emergency situations
When programs or the assistance requested require immediate action, SI staff will take steps necessary to ensure that all Clients have access to services or information within the appropriate time frames. It is SI’s goal to make information and services available within a reasonable time frame.
Answering Service
All contracted answering services must have multiple language capacity. Each Property Manager must ensure compliance with this policy. You must contact your provider to determine their multiple language capacity. They must be able to convey information to Clients who are likely to make contact with the service provider per the Four Factor Analysis.
Written Translation
Quality standards for written translation of Vital Documents When written translation of vital documents is provided, SI will utilize professional, certified, or otherwise competent translators. SI may also require “back to back translation,” if necessary, to check the work of the primary translator. Translated documents will typically include the following disclaimer:
“THIS DOCUMENT IS A TRANSLATION OF A LEGAL DOCUMENT. THIS
8 TRANSLATION HAS BEEN PROVIDED TO YOU MERELY AS A CONVENIENCE TO ASSIST YOUR UNDERSTANDING OF YOUR RIGHTS AND OBLIGATIONS.
THE ENGLISH VERSION OF THIS DOCUMENT IS THE OFFICIAL, LEGAL AND CONTROLLING DOCUMENT. THIS TRANSLATED DOCUMENT IS NOT AN OFFICIAL DOCUMENT.”
SI translation program
SI will translate vital documents in accordance with the HUD Guidance Safe Harbor Standards. The Safe Harbor standard is triggered where an LEP language group constitutes 5% or 1,000 people, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. If there are fewer than 50 persons in a language group that reaches the 5% trigger, written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of the vital documents free of cost is sufficient.
Vital documents or information
Vital documents or information are those that are critical for accessing federally funded housing programs and are provided in applicable languages per the four factor analysis on an as-needed basis.
The specific translated documents vary according to the results of each property’s four factor analysis and are available from SI’s LEP Coordinators or on SI’s Intranet.
Staff should always ask for a Client’s language preference for use of vital documents and record their preference in the Client’s file using the SI Household Primary Language Form.
Accessing translated materials
SI evaluates the results of the four factor analysis for each property and provides translated vital documents as consistent with HUD Guidance Safe Harbor Standards. Translated documents may be obtained from SI’s LEP Coordinators or on SI’s Intranet (in the “Limited English Proficiency” folder under the “Property Operations” tab). Any request for a translated document that is not currently in the LEP folder should be routed to the regional LEP Coordinator.
Assisting Clients who can’t read
SI staff will assist Clients who cannot read their primary language to the same extent as staff would assist English-speaking Clients who cannot read English.
Notice of right to language assistance
SI staff will inform all LEP Clients of their right to free and timely interpreter services through:
• Notice of right to language assistance at no charge.
• Language Identification Sheet - SI has a laminated sheet that says in both English and all identified primary languages: “You have the right to an interpreter at no cost to you. Please point to your language. An interpreter will be called. Please wait.” Staff will use the Sheet to identify an LEP Client’s primary language and may distribute unlaminated copies of the sheet to LEP Clients so they can present them where appropriate to signal their primary language and need for assistance. • Language Assistance Available posters - Posters reading “You have the right to an interpreter at no cost to you. Please point to your language. An interpreter will be called. Please wait.” are posted in every managed site’s office and areas where SI staff
9 work with LEP Clients. The posters repeat this statement in multiple languages spoken at SI-managed properties and have an American Sign Language icon.
Minimum necessary access to data
SI shall comply with the “minimum necessary” access and disclosure standards for the administration and management of its Language Access Plan. SI shall:
• Not use or further disclose the information other than as permitted or required by law; • Use appropriate safeguards to prevent improper use or disclosure of the information by its employees and contractors;
• Appropriately respond to any known improper use or disclosure of protected information; and
• Ensure that any agents, contractors, and others to whom it provides private or confidential data, agree to be bound by the same restrictions and conditions that apply to them with respect to such information
SI LEP plan administration - Collection of language preference information
When interacting with applicants and potential applicants, SI will note if a Client self-identifies as LEP.
SI will update Client files that lack information about language needs and confirm Clients’ primary languages at recertification and/or other renewal periods using the SI Household Primary Language Form. The Client-specific language preference information will be available to SI staff.
LEP plan distribution and public posting
SI’s Language Access Plan is:
• Available in all property management offices
• Available at all SI Regional Offices
• Accessible on the SI Intranet
10 LEP Liaison Team
SI has a management LEP liaison team that assists with shared responsibilities for implementing the LEP program. Liaison team members represent their regions and advise and support implementation of the LEP plan. The team members include:
Mary Hill Anne-Marie Hooper
Shayne Kaleo James Worley
Equal Opportunity Policy and Complaint/Grievance Procedures It is SI’s policy to ensure program benefits and services are made available to everyone and provided to all eligible individuals without discrimination, in compliance with civil rights laws.
SI complies with the provisions of all Federal, State, or local laws prohibiting discrimination in housing on the basis of age, race, color, ancestry, religion, national origin, sex, marital status, children, pregnancy, disability, sexual orientation, AIDS, ARC, or other arbitrary factors, including Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and the regulations issued pursuant thereto (24 CFR Part I), Executive Order 11063 and the regulations issued pursuant thereto (25 CFR 570.601), and Title VIII of the 1968 Civil Rights Act (Public Law 90-384), or the Fair Housing Amendments Act of 1988. SI employees, programs and policies must also allow physical and program access for people with disabilities.
Complaints or Grievances
All applicants/residents must follow the specific property’s grievance procedures when filing a complaint or grievance. Residents, applicants and members of the public trying to access housing services are entitled to fair treatment. Residents or LEP Clients that feel they have been treated unfairly or discriminated against must file a written grievance. SI will provide assistance in writing the grievance if necessary. Residents or LEP Clients may also contact:
LEP Coordinators
Regional
Office
Contact Name Telephone Number E-Mail Address
Concord James Worley (925) 335-0698 [email protected] Sacramento Anne-Marie
Hooper
925) 335-0698 [email protected]
Pittsburg Mary Hill 925) 335-0698 [email protected]
Fairfield Shayne Kaleo 925) 335-0698 [email protected]
Or the local office of Fair Housing and Equal Opportunity (For Arizona, California, Hawaii, and Nevada)
San Francisco Regional Office of FHEO
U.S. Department of Housing and Urban Development
One Samsome Street, Suite 1200
San Francisco, CA 94104
(415) 489-6524, (800) 347-3734, TTY (415) 436-6594
Attachment 1
SI volunteer site staff interpreters
11 The following site staff are available to serve as interpreters for the languages listed. They are proficient in at least one non-English language and are willing to act as a staff interpreter, when available, on an “as-needed” basis. They are able to convey information in both languages accurately, have had orientation and training that includes the skills and ethics of interpreting, have basic knowledge in both languages of specialized program terms or concepts, and will be sensitive to the Client’s culture.
Attachment 2
SI volunteer regional corporate staff interpreter list
SI volunteer staff interpreters are available to offer occasional language assistance at several SI locations and regional offices when their workload permits. Their self-identified level of fluency follows the language with “1” being most fluent, “2” semi-fluent, and “3” fair.
Attachment 3
Four Factor Analysis
Each property’s specific Four Factor Analysis (including staff experience with languages spoken at that property).
12 Attachment 1:
SHELTER, Inc. site staff interpreter list
Broadway Village
Employee name Phone/e-mail address Language skill
TBD Spanish
13 Attachment 2:
SHELTER, Inc. regional corporate staff interpreter list
Fairfield Region
Employee name Phone Language skill
Melanie Guerrero 707.997.0804 Spanish
14 Attachment 3:
Four Factor Analysis/Primary LEP Languages
Broadway Village
Fairfield Office
Solano County
SI recognizes that decent, safe and sanitary housing is a critical component of a person’s well-being and has therefore taken steps to ensure access for Limited English Proficiency (LEP) households.
Based on the resources available to the subject property, SI is providing the multiple forms of language assistance described in the Language Access Plan (LAP) to which this Analysis is attached.
SI has reviewed (a) the LEP census data for the service area of the subject property to determine those likely to be served, (b) the actual tenant population at the property, and (c) staff experience with the language needs of residents and applicants at the property. The following tables identify the languages spoken by the majority of such households.
Primary Household Languages in the Property’s County (Per U.S. Census data, American Community Survey 2021, ACS 5 Year Estimates Subject Tables)
Primary Non-English Languages Spoken in County
(Expanded Market Area)
# Persons % of Total Tenant
Households
Spanish 17.0%
Asian and Pacific Island languages 9.9%
Other Indo-European languages
2.4%
Reference: United States Census Bureau, Table B16001, LANGUAGE SPOKEN AT HOME BY ABILITY TO SPEAK ENGLISH FOR THE POPULATION 5 YEARS AND OVER, 2010-2014 American Community Survey 5-Year Estimates
Broadway Capital Budget Cost To Complete Projection
Hard Cost $ 19,967,151
Soft Cost $ 6,994,749
Overall Budget
Projected Gap
Considerations
5.22.25 Projected April 2024* Assumed Start June 2024*
Current Hard Cost $ 18,853,251 Revised Contract Value (Approved COs) $ 1,128,139 Pending, some under review with GC- majority of these costs expected to hit job + $ 784,992 Projected (including for forthcoming COs / schedule ext remaining) $ 20,766,382
Hard Cost Projected Overage
Projected April 2024* Assumed Start June 2024*
Current Soft Cost $ 6,153,067 Currently
- $ 753,100 Projected remaining to spend to achieve Final Completion $ 6,906,167
Soft Cost Projected Under Budget
$ 27,114,262 Total Funding Secured
- $ 26,961,900 April 2024 Estimated Total (Projected April hard and soft costs above) Available from secured sources to offset hard cost overage Projected Hard Cost Overage
- Soft Cost Projected Under Budget
- Available from secured sources to offset hard cost overage 2%Total Increase resulting from 6 months additional time* Including: Hard to Quantify Savings that were realized:
- Security for 6 additional months - Pro-bono design work (some donations from Architectural & Civil) - Insurance Extensions for 6 additional months- both OCIP andBuilder's risk policies - Value Engineering scope deductions were elected wheremeaningful in remaining scope, including:
- Scaffolding for 5 additional months - Landscape/ sitework reductions - General Conditions for GC schedule extension - painting in "back of house" / non public areas - Temporary Utilities - Community Rm Finishes
- Sub issues relating to delay and remobilization - Minimizing additional design fees & costly field changes - Original concrete sub would not honor contract after remob. - Using materials already procured, minimizing changes - Factory OS punch list items fell to GC to complete
- Remob for Electrical sub was higher cost than anticipated - Remobilization costs were kept relatively low by successfully - ERRCS system installation required negotiating performance on the majority of existing subcontracts *Refer to Schedule Impact Summary for more detail - Project cost would have been higher if not for these successful efforts.
Projected Revised Contract Value
- Simplified metalwork detailing
+$200k
$ 799,231
(excludes property insurance)
$ 799,231
refer to schedule notes & COR Summary for explainations $ 88,582
$ 152,362
$ 88,582
$ 152,362
$ 558,287 (includes 200k hard cost contingency)
Broadway Operations and Transition Budget- updated 5.29.25 Total Transitioanl Operational Budget$417,867
Operations + Transition Budget / FF&E Projected Cost Notes Furniture & Equipment
Subtotal Furniture & Equipment $71,400
Technology
Subtotal Technology
Other / Misc operational start up services
Subtotal "Other"
material and install needed- neither is included in construction budget beds/ mattresses/ pillows & bedding $23,500Assumes $500 per qty 47 (excludes mgr) with assisstance from Make itHomeLiving unit furnishings $23,500Assumes $500 per qty 47 with assistance from Make it Home Window coverings $800excludes mgr unit
Office furniture, technology, equipment $3,000
TVs in common areas $1,600Assumes 2 x $800 includes installCommon area furniture (indoor community room& outdoor patio- chairs, tables, BBQ, etc) $5,000 Bed Bug Oven $0Shelter has one they can use- just needs power Laundry machines $14,000
Machines have been procured, but were supposed to be a part of the capitalcost budget- should be operational FF&E items; there were just lead timeconcerns and we wanted to make sure these would be available at time ofmove in Security Camera / system & monitoring serviceinitiation $10,000 - The building has dedicated smurf tube at hard lid ceilings to specific securitycamera and Wireless Access Point (WAP) locations for easy install, but anywiring or equipment needed would be installed by an Operational vendor.- Shelter Vendor Alarm Tech can provide Equipment and install- $ TBD WAPS (wireless access points) $0- If needed for internet install (current assumption is that this will be coveredby SMART FIBER NETWORK) Office & common area internet $0- Units are served by SMART FIBER NETWORKS via roof antennae untilfiber infrastructure is built out to this part of the city.- Assumes this is covered by Shelter Inc Grant Comcast POTS lines ("plain old telephone" lines) $1,200Assumes $200/mo x 6 months for Fire life safety line to elevator, one for frontentry system, one optional for office space if needed (not initially active)Smart fiber network- internet for units $0Covered by Shelter Inc Grant CEQA lawsuit- 24hr security ambassador- 3months $137,175 - The City must require the future Operator...to screen tenants with motorizedvehicles to allow only legally operable and registered vehicles to park on thesite.- The City shall require the Project Operator to have a safety ambassador onsite from 6pm-1am daily, seven days a week, for a period of three monthsbeginning at 50% tenant occupancy. At the end of the three month period,City shall report to Petitioners' attorney the number of criminal incidentsreported by the Vallejo Police Department, excluding physical and mentalwellness checks and EMT service calls. If the number of criminal incidentreports averages fewer than eight calls per month, the requirement to havesafety ambassador on site shall be terminated.Security Guard until Site Occupancy begins $26,000Approx. $13000/mo x 2 mo for night and weekend guard service.
Trash bins & service initation $2,000Placeholder value- Shelter is pricing out start up contract and bins based ontrash room design.
Property Insurance- Builder's risk policy ends5/30; property insurance policy should pick upfrom 5/31 $80,000 Placeholder - (FFCH Is pricing out option through Gallagher with Firm and/orCity as Primary)Cost is related to City's Insurance requirements in the contract. There may bea cheaper option for the City to provide this coversage, but the cost is high ifprocured through FFCH.OCIP extension from 5/8 through FinalCompletion date $24,000extended through end of June- required until all contractors are off-site PG&E Operational electricity service- house andunits $3,600Approx. $600 per month x 6 months. Shelter Inc can help residents sign upfor WAG, CARES reduced rates once units are leased up.
Shelter Inc Staffing surcharge- temporarySupplemental staffing for initial lease up effort $42,593 Based on Shelter Inc Budget - year 1 expenses only, not carried in long termproforma for staffing requirements.Shelter Inc is also looking into Charitable/fund raising efforts through theirorganization to cover some of these costs. $397,968
$19,898
Estimated
Estimated
Estimated
$11,200
$315,368
Subtotal Transitional OperationsContingency (5%)
VAWA Policies and Procedures
Approved May 2025 Page 1 of 7
On November 16, 2016, the U.S. Department of Housing & Urban Development (“HUD”) adopted final implementing regulations for the Violence Against Women (“VAWA”) Act. On June 30, 2017, HUD provided additional guidance for the implementation of VAWA. In addition, on December 22, 2017, the California Tax Credit Allocation Committee (“TCAC”) announced that HUD’s VAWA regulations would apply to all low-income housing tax credit properties in California as of January 1, 2018. This document therefore sets forth the various policies and procedures of SHELTER, Inc. (“SHELTER, Inc.”) relating to VAWA, including affected programs and properties, VAWA eligibility certification, VAWA emergency transfers, related policy issues and “direct result” analyses.
AFFECTED PROGRAMS AND PROPERTIES
HUD’s VAWA regulations apply to all SHELTER, Inc.-managed properties (and/or units) that are financed by or receive assistance from (a) any of the following HUD programs: Section 202, Section 811, HOPWA, HOME, McKinney-Vento Homeless Assistance Act, Section 221(d)(3), Section 236, the Housing Trust Fund and Section 8 (basically, any and all HUD programs), and/or (b) 9% or 4% Low Income Housing Tax Credits (“Tax Credits”). PLEASE NOTE that the regulations also cover properties with HOME program financing (and not necessarily any form of rent subsidies from HUD).
At their most basic level, the VAWA regulations prohibit SHELTER, Inc., as the management agent for a “Covered Housing Provider,” from denying admission to, denying assistance under, terminating participation in or evicting from housing (in other words, an “Adverse Action”) anyone, including men and transgender people, on the basis that “the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation or occupancy.” In addition, the regulations require SHELTER, Inc. to (1) take a wide variety of actions to ensure that victims of such violence are aware of (and can exercise) their VAWA rights, and (2) make emergency transfers of VAWA-eligible households if they fear harm from additional violence if they stay in their units (or have been sexually assaulted at the property during the prior 90 days).
The more recent guidance clarifies that SHELTER, Inc. cannot take an Adverse Action against any applicant or tenant that can demonstrate that the “Adverse Factor” (e.g. poor credit history, poor rental history, negative criminal background or failure to pay rent) that LED to SHELTER, Inc.’s Adverse Action was the “direct result” of the domestic violence, dating violence, sexual assault, or stalking that is the basis of the applicant or tenant’s eligibility for VAWA protections.
BASIC VAWA REQUIREMENTS
1) Provide all households at all properties (and/or in units) assisted by one or more of the agency HUD programs (a) form HUD-5380, “Notification of Occupancy Rights Under VAWA,” and (b) form HUD-5382, “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation”) at (a) initial occupancy and/or annual recertification or lease renewal, or (b) upon denial/rejection of assistance or admission;
2) Add form HUD-91067, “VAWA Lease Addendum,” to the leases of all households at properties (and/or in units) assisted by one or more of the HUD programs listed above (including the HOME program) and/or Tax Credits;
VAWA Policies and Procedures
Approved May 2025 Page 2 of 7
3) Include form HUD-5380 and form HUD-5382 with all Unlawful Detainer or other eviction notices (not including Notices to Pay or Quit) sent to any household at a property and/or in a unit assisted by a HUD program and/or Tax Credits;
4) Develop a VAWA Emergency Transfer Plan based on the attached Template for every property assisted by one or more of the HUD programs assisted above and/or Tax Credits; and 5) Amend property-specific internal transfer policies to prioritize VAWA Emergency Transfers. Such transfers supersede any other transfer priorities that previously existed.
Please also note that a property may have only a subset of HUD-assisted and/or Tax Credit units, e.g. Section 8 households living at an otherwise non-HUD assisted tax credit property. In such a circumstance, only the applicable HUD households will receive the forms and lease addendums listed above, and only those households will be eligible for VAWA emergency transfers and other VAWA protections.
VAWA EMERGENCY TRANSFER PLANS
For guidance in preparing a VAWA Emergency Transfer Plan for an affected property, please see the SHELTER, Inc.
Memo dated May 15, 2017 titled “Preparation and Implementation of VAWA Emergency Transfer Plans” that is available on SHELTER, Inc.’s intranet in the VAWA Folder under the Property.
VAWA EMERGENCY TRANSFERS - STEP BY STEP PROCESS
1) If the tenant has already demonstrated their eligibility for VAWA status, proceed to Step 2. If not, use the attached Template Cover Letter to request documentation of the tenant’s eligibility for VAWA status (using form HUD-5382, “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation”), or allowable alternative documentation, but not including tenant self certification (it is against SHELTER, Inc. policy to accept only self-certification).
2) If the tenant is seeking an emergency transfer, use the attached Template Cover Letter to request a signed and dated request for the emergency transfer (using form HUD-5833, “Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking”). Form HUD-5383 must be provided to the tenant by way of a written request using the attached Template Cover Letter – it is against federal regulations to simply hand them the form. Upon receipt, place the original written request for transfer and VAWA eligibility documentation in the tenant file, note it on the VAWA Emergency Transfer Form and contact your Regional Manager to discuss the request.
3) Determine the unit type the household currently occupies, including income limit, subsidy type, household size and accessibility requirements, if applicable. Consider that the VAWA tenants may be eligible for a higher or lower AMI unit type, and larger or possibly smaller unit size. This could give you more unit transfer possibilities.
VAWA requests do not supersede any eligibility or other occupancy requirements that may apply under covered housing programs such as income limits and/or occupancy standards.
4) Compare the current unit type to those in your property and specifically those available for occupancy or upcoming occupancy. If the household is a Public Housing or Housing Choice Voucher recipient, refer them to your local Public Housing Authority as it will have jurisdiction over VAWA transfers.
VAWA Policies and Procedures
Approved May 2025 Page 3 of 7
5) The transferring household must meet all income requirements for the new unit, the unit must be the appropriate size according to your occupancy guidelines, and the unit must be in a location that is some distance from the household’s current unit. “Some distance” is considered to be on a different floor, in a different building or in another location on the property.
6) Review the status of waiting lists for those units that could be considered. You may not transfer from a non- section 8 to section 8 unit unless you have no applicants waiting. HUD does not allow those not on the waiting list to take precedence over those currently on the list, even for VAWA Emergency Transfers. If you manage a partial Section 8 property you may transfer between units provided that your existing transfer policy allows this.
If this is a Tax Credit unit with HOME funds, you may transfer to the same unit type without consideration of an existing waiting list.
7) Offer the VAWA tenants a transfer unit for which they qualify. All unit offers made must be in writing, with copies retained in the tenant file, and note on the VAWA Emergency Transfer Tracking Form. SHELTER, Inc. considers the offer of two units to be sufficient. If the household declines the third offer, they will no longer be considered for a VAWA Emergency Transfer.
8) If there are no safe, available and/or acceptable units at the property, assist the VAWA tenants in identifying other housing providers who may have units to which they could move by referring them to www.SHELTERinc.org, www.affordablehousingonline.com, and www.hud.gov. You may direct them to SHELTER, Inc.’s website (www.SHELTERinc.org), but the tenant is responsible for researching potential properties within SHELTER, Inc.’s portfolio and contacting those properties regarding vacancies and the possibility of an emergency transfer.
9) Please note that emergency VAWA transfers at Tax Credit properties must still comply with all applicable TCAC and Section 42 requirements. For instance, projects that are not designated as multi-building projects (noted as “No” elections on Line 8b on IRS 8609 Forms) may be subject to loss of credits if a non-qualifying household is transferred into a unit in a different building. Projects that are not 100% Tax Credit and have market/conventional units as well as Tax Credit units must still follow the 140% “Next Available Unit Rule” in addition to the protocol for transferring in multi-building projects.
ADDITIONAL ISSUES/REQUIREMENTS/GUIDELINES
Unit Type Issues
Shelter Plus Care and HOPWA households may only be transferred to the same unit type within a building.
If you manage a Section 8 and Tax Credit property with a single building, there is no need to re-qualify household income with a transfer. The household does need to meet the specific AMI limit for the unit.
If you manage a Section 8 and Tax Credit site with multiple buildings, you need to determine the owner election on the 8609. If the site is considered multiple buildings, the transferring household’s income will need to be recertified
VAWA Policies and Procedures
Approved May 2025 Page 4 of 7
as a new move in if they are moving to a different building. If they stay within the same building, their original qualifying income stands.
Bifurcation of Leases
VAWA allows for the bifurcation of leases. This means that the household can be split and the VAWA-eligible tenants offered another unit if they qualify by unit size and income level. You may not require new move in credit and criminal background checks because they are existing residents. The offender must then be removed from the original unit and property. This can be done by allowing the lease to be broken and the unit surrendered or by way of legal eviction. In no case may you bifurcate a lease that allows the household a second unit on the property; the VAWA offender must be removed and the unit returned for releasing to an applicant(s) from the waiting list.
The suggested time frame to accomplish such bifurcation is ninety days with a sixty-day extension. Since there may be subsidy loss while under eviction we suggest this process be expedited as much as possible. The cost of moving the VAWA-eligible tenants to another unit is considered a property expense.
Lock Changes
If a VAWA tenant requests a change of unit locks, please discuss it with your Regional Manager before taking any action. There are likely lease issues that need to be considered before taking action.
Generally speaking, if the non-VAWA tenant is NOT on the lease for the unit, the locks can be changed IF the VAWA tenant provides management with a police report detailing the VAWA tenant person as a victim of the other person, or the VAWA tenant provides a restraining order (an E.P .O., TRO, or Order after Hearing). If the VAWA tenant obtains a court order or police report, owner/management MUST change the locks within 24 hours of receiving a copy of the court order or police report, and a request by the VAWA tenant for the locks to be changed.
If the non-VAWA tenant IS a legal co-tenant/occupant of the unit, then the locks can only be changed IF the VAWA tenant provides a restraining order (an E.P .O., TRO, or Order after hearing) which specifically excludes the nonVAWA person from the unit. The domestic Violence Order forms have a box to be checked if the order includes a move-out order and exclusion from property. Other types of restraining orders do not have such a box, so the exclusion would need to be written in specifically. If the VAWA tenant obtains a court order which excludes the non-VAWA tenant from the unit, owner/management MUST change the locks within 24 hours of receiving a copy of the court order and a request by the VAWA tenant for the locks to be changed.
Confidentiality
Given the significant safety issues faced by VAWA-eligible applicants and residents, it is critical that SHELTER, Inc. keep any information that an applicant or resident provides in connection with their VAWA status or an emergency transfer request strictly confidential. All VAWA information must therefore be kept in separate tenant files under lock and key and only available for review by Property Managers or other authorized staff. In addition, no VAWA information may be entered into any SHELTER, Inc. electronic database (such as MRI or Boston Post).
VAWA Policies and Procedures
Approved May 2025 Page 5 of 7
The only time anyone other than the Property Manager is allowed to review or handle such information is when it is needed to provide VAWA protections to the applicant or tenant. The only exceptions to this policy are when sharing of the information is:
1) Requested or consented to in writing by the applicant or resident in a time-limited release (for instance, when the Property Manager would like to inform on-site services staff of a resident’s VAWA situation so that such staff can provide support to the resident;
2) Required for use in an eviction proceeding or hearing regarding termination of assistance from a VAWA covered program;
3) Otherwise required by applicable law; or
4) Necessary for compliance with the Section 42 Tax Credit Program.
SHELTER, Inc.’s additional VAWA confidentiality requirements include:
1) Not leaving voicemail or phone messages relating to VAWA issues on any phone or answering machine where the VAWA perpetrator might access them;
2) Not leaving messages regarding VAWA issues with any other individuals or members of the applicant’s or resident’s household;
3) Not mailing anything related to a VAWA claim or emergency transfer request to any address that may be shared by the VAWA applicant or resident and the VAWA perpetrator; 4) Not talking about applicant or resident VAWA issues with unauthorized SHELTER, Inc. staff or speaking publicly about such issues where other staff, applicants or residents might overhear; and 5) Keeping strictly confidential the location of any transfer dwelling unit for a tenant, if one is provided, from the person(s) that committed the domestic violence, dating violence, sexual assault, or stalking against the tenant.
See HUD-5380, “Notification of Occupancy Rights Under VAWA” or your property’s VAWA Emergency Transfer Plan for more information about SHELTER, Inc.’s responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking.
Document Retention and Reporting
Please note: All VAWA documentation must be retained for at least three years (and confidentially, as outlined above). HUD regulations also require annual reporting on the outcome of VAWA cases, and we will provide direction on reporting protocols once they have been published by HUD.
Additional Assistance/Social Services
If the VAWA tenant requests additional assistance or social service support, assist them in contacting local assistance organizations as identified in your property’s VAWA Emergency Transfer Plan.
DIRECT RESULTS ANALYSIS
When an Adverse Action is being taken against a VAWA-eligible applicant or resident), the applicant or resident may appeal the Adverse Action by stating (or simply implying) that the Adverse Factor that led to the Adverse Action is
VAWA Policies and Procedures
Approved May 2025 Page 6 of 7
the result of domestic violence, dating violence, sexual assault and/or stalking they have suffered. Typical Adverse Actions include:
• Denying admission to housing
• Denying assistance from a program (such as Section 8) • Terminating participation in a program (such as Section 8) • Evicting from housing
When such a connection is stated or implied, the Property Manager must investigate and consider whether the Adverse Factors leading to the Adverse Action are the “Direct Result” of the VAWA circumstances.
Typical Adverse Factors include:
• Poor credit history
• Poor rental history
• Negative criminal background
• Failure to pay rent
If SHELTER, Inc. determines that the Adverse Factors are the “Direct Result” of the circumstances that made the applicant or resident eligible for VAWA status, then SHELTER, Inc. cannot take the contemplated Adverse Action against the applicant or tenant.
If SHELTER, Inc. determines that the Adverse Factors upon which the Adverse Action is based are NOT the “Direct Result” of the applicant or resident being the victim of VAWA circumstances, then SHELTER, Inc. can proceed with the Adverse Action but must follow the notification requirements at 24 CFR 245.15. In addition, an applicant or tenant who disagrees with our determination may appeal it pursuant to the procedures in HUD Handbook 4350.3, REV-1, Chapter 8, Section 3, or contact the local HUD field office. Please use the attached model Direct Result Denial letter to inform the applicant/tenant of the denial. This letter must be delivered by regular mail (not either posted or hand delivered), but not to any address at which the VAWA perpetrator may have access to the applicant or resident’s mail.
While the Direct Result analysis (and any appeal thereof) is similar to many other SHELTER, Inc. decisions and actions, the VAWA process is still new enough that the Direct Results Analysis must be completed with the supervision and approval of your Manager and/or Program Director
SUMMARY
If you have questions or need additional guidance, please first contact your Manager and then Program Director.
ATTACHMENTS
1) Model Cover Letter for Requesting Documentation of VAWA Eligibility and Written Request for Emergency
VAWA Policies and Procedures
Approved May 2025 Page 7 of 7
Transfer (and transmitting forms HUD-5382, “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation” and HUD-5383, “Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking”) 2) Model Cover Letter for Requesting Documentation of VAWA Eligibility and Reasons Why Adverse Factors are the Result of VAWA Eligibility (and transmitting form HUD-5382, “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation” 3) Model “Direct Result” Denial Letter
4) VAWA Emergency Transfer Tracking Form
These (and the following) documents are also available in the VAWA Folder under the Property Operations tab on the SHELTER, Inc. Intranet:
5) HUD-5380, “Notification of Occupancy Rights Under VAWA” 6) HUD-5382, “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation”
7) HUD-5383, “Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
8) SHELTER, Inc. VAWA Emergency Transfer Plan Template
Broadway Village
Affirmative Marketing Plan
Marketing/Outreach
Broadway Village is a 100% Project Based Voucher Site filled by Referrals through the Coordinated Entry System (CES) and The Vallejo Housing Authority. SHELTER, Inc. will assist in marketing for Broadway Village if CES is unable to fill an available unit within a reasonable time frame after receiving a request for referral.
The plan describes the marketing process that will occur only if CES is unable to fill a unit within 90 days of the request for referral.
Outreach: Informational flyers will be distributed throughout the City of Vallejo at numerous social service agencies, housing authority offices, and a variety of local organizations. All marketing and outreach will be done via a comprehensive marketing list and all announcements regarding the availability/acceptance of applications will be mailed to each agency/organization on that list. The marketing list will be inclusive and promote diversity in applicants. The informational and written materials will clearly state the method for applying for housing.
The project flyer will state that Broadway Village is “Equal Opportunity Housing” and will include available units, requirements for tenancy, an outline of the application process and deadlines for submission, and approximate timelines overall. The flyer will be distributed widely, in paper and electronic format, to individuals and organizations that provide services to clientele that may be eligible for occupancy.
Advertising: Advertisements will be posted online to target diverse populations within the County.
Internet advertisements will have the same information as the flyer with instructions for applying.
Internet advertisements will be primarily in English, Spanish, and Tagalong, and where feasible, translation or instructions will be provided on how to get information in alternate languages.
Because of the diversity of the community, people of all ethnicities will be targeted through community outreach and advertising. We believe that African American, American Indian or Alaska Native populations will be least likely to apply for housing at Broadway Village Outreach to the community will reach a diverse ethic and economic mix.
Community outreach will specifically be conducted through churches, synagogues, community service organizations, non- profits, local and regional newspapers and governmental agencies, such as the Vallejo Housing Authority. The outreach will be neighborhood-based citywide, and regional in focus. Advertising shall include use of newspaper advertisements, flyers to community organizations and resources, online
advertising, and notification of availability of rental units to public and private agencies.
Banners will be prominently displayed at the building site and a leasing office set up nearby to encourage and assist members of community to apply for housing at Broadway Village Marketing Plans and Procedures:
Units shall be marketed in accordance with Affirmative Fair Housing marketing guidelines.
All advertising for the units in Broadway Village will include prominent use of Equal Housing Opportunity logos, slogans and\ or statements of intent affirmatively market the units.
We anticipate that the surrounding community will become aware of the project during the construction phase. SHELTER, Inc. and the Owner will collect names and addresses of interested parties and inform them of application availability and a telephone “hotline” number will also be posted on the site when appropriate. Instruction flyers will be sent out to all interest list na mes and a telephone “hot line” and computer lab established to assist applicants on applying Online for Broadway Village waitlist.
A Project- Based V oucher waiting list will be maintained and updated on a regular basis by the Vallejo Housing Authority.
1. Special Needs/ Supportive Housing Targeted Populations:
In collaboration with the Vallejo Housing Authority and the Coordinated Entry System, SHELTER, Inc. will work together to provide housing for the targeted population.
2. Grievance and Appeal Procedure:
Those applicants not selected for occupancy will be provided with written notification stating the reason for ineligibility. Such reasons might include, but not limited to the following: over income, insufficient income, poor landlord history, and credit that does not met the resident selection criteria. Those applicants denied for residency shall be provided with the opportunity to appeal. The appeal process shall allow for the applicant to provide supplemental information to the application including additional third- party verification and\or testimony. See the Broadway Village Tenant Selection Plan for more details.
3. Violence Against Woman Act (V AWA):
Owner/Agent will consider applicants covered by the “Violence Against Women Reauthorization Act of 2013 (V AWA 2013). V AWA 2013 is designed to protect both child
and adult victims of domestic violence, dating violence, sexual assault, and stalking. V AWA 2013 expands protections relating to the prohibition of terminating assistance because of criminal activity directly relating to domestic violence, dating violence, sexual assault, and stalking by replacing the term “immediate family member” with “affiliated individual.” If the applicant, resident or affiliated individual is the victim of the above described criminal activity, the activity cannot be cause for termina ting assistance, tenancy, or occupancy rights.
4. Preferences:
A preference will be provided to applicants that are Vallejo residents and that are experiencing homelessness in accordance with the following definition:
Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(A) Has a primary nighttime residence that is a public or private place not meant for human habitation; (B) Is living in a publicly or privately operated shelter de signated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs); or (C) Is exiting an institution and resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.
5. Reasonable Accommodations:
The owner/agent is committed to complying with the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 by ensuring that its policies and practices do not deny individuals with disabilities the opportunity to participate in, or benefit from the operation of housing services or programs solely based on such disabilities, nor otherwise discriminate against individuals with disabilities in connection with such housing services or programs. An applicant/resident may submit a request in writing, or ally, or use another equally effective means of communication to request a reasonable accommodation.
Reasonable accommodations may be requested for assistance in completing an application.
If an applicant requires a Reasonable Accommodation to be able to complete the application process, the 504 Coordinator will review and respond to such requests within thirty (30) calendar days. Translation services are available for those with limited English proficiency.
If an individual with a disability requests a reasonable accommodation, the owner/agent will fulfill these requests, unless doing so would result in a fundamental alteration in the nature of the program or create an undue financial and administrative burde n. In such a case, if possible, the owner/agent will offer an alternative solution that would not result in a fundamental alteration of the program or a financial or administrative burden.
8. Community Organizations Contacted
See Attachment A.
SHELTER, Inc. does not discriminate based on race, color, creed, religion, sex, national origin, age, familial status, persons with disabilities, ancestry, medical condition, veteran status, sexual orientation, AIDS, AIDS related condition (ARC), or any other arbitrary basis. TDD/TTY 1-800-735-2922,
ATTACHMENT A
Broadway Village MARKETING/ FLYER DISTRIBUTION
Company Name Address City / State Zip
Native American Health Center- Richmond
Native Wellness Center
2566 Macdonald
Ave,
Richmond, CA
94804
California Tribal TANF Partnership 801 Kentucky St Fairfield, CA 94533 Sacramento Native American Health Center,
Inc.
2020 J St,
Sacramento
Sacramento, CA
95811
Capitol Area Indian Resources, Inc.
1010 Hurley Way
Ste 190
Sacramento, CA
95825
American Indian Cultural & Education Program 600 F Street Martinez, CA 94553 Vacaville Public Library - Cultural Center 1020 Ulatis Dr Vacaville, CA 95687 Napa Veterans Resource Center 1835 1st Street Napa, CA 94559 Ulatis Community Center 1000 Ulatis Dr Vacaville, CA 95687 Three Oaks Community Center 1100 Alamo Dr Vacaville, CA 95687 Vallejo Inter-Tribal Council PO Box 6251 Vallejo, CA 94591 Catholic Social Services 125 Corporate Pl Vallejo, CA 94590 St. Vincent De Paul Society of Benicia 475 W I St Benicia, CA 94510 Benicia Community Action Council 480 Military Benicia, CA 94510 Dixon Family Services 155 N 2nd St Dixon, CA 95620
Healthy Start Family Resource Network 2490 Hillborn Road Fairfield, CA 94534 Vallejo John F. Kennedy Library 505 Santa Clara St Vallejo, CA 94590 North Bay Regional Center 610 Airpark Rd. Napa, CA 94558
St. Vincent De Paul Society of Vallejo
816 Santa Clara
Street
Vallejo, CA
94590
Benicia Housing Authority 28 Riverhill Drive Benicia, CA 94510 California Human Development 3315 Airway Drive Santa Rosa, CA 94530 Solano County Health And Social Services
Employment & Eligibility Services
365 Tuolumne Street
Vallejo, CA
94590
Vacaville Family Resource Center 312 Cernon Street Vacaville, CA 94568 Berkeley Food and Housing Project 1901 Fairview St Berkeley, CA 94730 Vallejo Housing Authority 200 Georgia St Vallejo, CA 94590 Vallejo Public Libraries Various Vallejo, CA
Home Base 1111 Colusa St Vallejo, CA 94590
Fighting Back Partnership 505 Santa Clara St Vallejo, CA 94590 Transformation Village 2800 Georgia Street Vallejo, CA 94591 Vallejo Pastors Association 710 Broadway Street Vallejo, CA 94590
ACTION ITEM 7.F.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Natalie Peterson, Assistant to the City Manager
Flor Magallanes, Administrative Analyst II
SUBJECT: RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
RECOMMENDATION
Receive an update on the unhoused situation and provide direction to staff on the City's unhorsed options.
REASONS FOR RECOMMENDATION
On March 11, 2025, the City Council requested a future agenda item on the City’s unhoused population and options. This item came before the Council at a Special Meeting on March 18, 2025. After a staff presentation, significant community input, and City Council deliberation, the City Council requested that the item be continued to April 1, 2025 for additional Council discussion and direction. At their April 1, 2025, meeting, City Council provided direction to staff on specific initiatives, including encampment cleanups, parking/camping, Homeless Roundtable meetings, an Unhoused AD Hoc Committee, and 2x2 Committee coordination. Given that prior Council direction, staff is bringing forward this update on the requested options and information for City Council consideration this evening.
BACKGROUND AND DISCUSSION
At the April 1, 2025 special Council Meeting, the Council received a presentation from City staff regarding the City’s efforts thus far and potential future options related to addressing the unhoused situation in Vallejo. The presentation included an overview of a prior meeting on the unhoused situation from March 18, 2025 and outlined past program proposals, projects, and potential shelter sites that were presented to prior City Councils. Council provided direction to staff, which included the following:
1. Resume encampment cleanups in coordination with service providers beginning April 15, 2025;
2. Identify and evaluate potential designated parking and/or camping sites and developing high-level implementation plans with associated costs and regulatory needs;
3. Engage with or create a Homeless Roundtable;
4. Establish a working group or ad hoc committee to advise on homelessness efforts; and
5. Improve coordination regarding unhoused youth and families through working with local schools, the 2x2 Committee, and City Council.
Over the last several weeks staff have been working to bring back additional information, which is outlined below.
Update on Encampment Clean-ups Resuming
In alignment with City Council direction, staff resumed encampment clean-up operations using a coordinated approach in partnership with local service providers and faith-based organizations in mid-April 2025. This strategy prioritized public health and safety while ensuring individuals experiencing homelessness were connected to outreach and supportive services.
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
City staff held two partner meetings where resource providers, unhoused advocate groups, faith-based organizations, and other CBOs were invited to attend to discuss and partner with the City on establishing a process for continuing encampment clean-ups in the City, with their support. These meetings were held on April 10 and April 17, 2025.
At the April 10 meeting, City staff provided an overview of the current encampment clean-up process (Admin Rule 7.10) and requested input on the current process, reviewed the direction from City Council regarding restarting encampment clean-ups, and discussed the various support services being provided in the community. From this meeting, all in attendance learned more about which organizations are operating in Vallejo, what services are being provided, and what services are currently lacking. It also provided a space for all to get a better understanding of the Coordinated Entry System. At this meeting, it was established that several churches are interested in possibly providing designated camping/parking locations, but have questions about the process, which are highlighted below.
At the April 17 meeting, City staff provided a brief recap of the April 10 meeting to new attendees, discussed and received feedback on the proposed encampment clean-up partnership pilot actions (attached), and defined the “HOT Team” (Homeless Outreach Team) that will be key stakeholders in doing outreach, HMIS intake and providing services at encampment notice postings and days leading up to the clean-ups.
HOT Team Organizations
• City of Vallejo
• Solano Integrated Outreach Team (SIOT, which is composed of Resource Connect Solano, 4th Second, CAN-B)
• Vallejo Together with NAACP support
• Fighting Back Partnership
• IHART
• Abode
Since these outreach meetings, the City has conducted one encampment clean-up outlined below.
The City conducted a clean-up on April 30. The process consisted of:
• Location Identification: The City identified the encampment site based on its proximity to sensitive areas and overall impact on public safety.
• Clean-up Noticing: In accordance with Administrative Rule 7.10, the location was posted with legal notices. Staff provided trespassing and debris removal notices and 72-hour vehicle removal warnings.
Staff also explained property storage options and outlined what the encampment clean-up process consists of. The location was noticed a week prior to the clean-up occurring. • HOT Team Engagement: HOT Team attended with clean-up noticing with City staff and conducted HMIS intake, mental health screenings, and service referrals. They made efforts to return to the site prior the clean-up to do additional outreach.
• Clean-Up Execution: The clean-up commenced the following Wednesday at 9:00 AM. Originally, the first hour was reserved for service partners to: assist individuals in gathering personal belongings, identify items eligible for City storage, provide transportation assistance, and coordinate towing of
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
vehicles and RVs when applicable. City staff worked with all individuals residing at the encampment to provide additional time to remove their RVs, vehicles, and belongings offsite.
Areas of consideration for future Encampment clean-ups:
• Location Identification/prioritization – ultimately, encampment clean-ups are conducted based on public safety, environmental safety and general public access to public and private property. Council provided additional guidance for prioritizing high visibility or high priority areas. Staff are looking for additional guidance to define those areas.
• ADA considerations – Staff are currently working on an updated process to streamline ADA requests, where applicable, and ensure continued compliance with all legal requirements. • HOT Team Engagement – City Council directed staff to work with specific organizations to engage with encampments prior to clean-up. Staff have worked to establish the HOT Team that can be added to or modified as organizations become engaged or encampment clean-up processes get modified. • RV/car-based areas on public streets and other property vs. tent/structure-based encampments. Each type of area has its unique needs, applicable law and complexities. When determining prioritization, these differences should be kept in mind.
Designated Parking/Camping
Staff have identified several potential designated camping and parking sites (including City-owned and privately owned locations) and high-level costs associated with them, as well as regulatory requirements for each site. Each individual site will require additional site-specific analysis to ensure cost and implementation accuracy. High-level costing is provided to give some context, and if the Council directs a certain site(s) to have further study, staff can bring back more information.
The primary goal of Designated Parking/Camping is to create a transitional environment for those experiencing housing instability, where they can access a designated place to park/shelter. Each can be modified to meet the specific needs of the City of Vallejo, including budget restraints, operators, and location size.
Designated Parking
Designated Parking areas provide designated locations where individuals and families living in vehicles can temporarily safely park overnight while accessing supportive services. These generally fall into two categories:
• Short Term Temporary Designated Parking Sites: Typically hosted on public lots or by faith-based organizations under short-term agreements or provisional ordinances. These sites operate primarily at night, typically from 7pm to 7am, with limited infrastructure, such as portable restrooms, handwashing stations, and security personnel. They may require enforcement to ensure participants vacate the site each morning, and are usually intended for commuter vehicles rather than recreational vehicles (RVs). These are commonly operated by non-profit and/or faith based partners.
• Longer Term Temporary Designated Parking Sites: These sites require greater planning and investment, allowing for extended stays and accommodating RVs, fifth wheels, and commuter vehicles. Facilities will require security fencing, security guards, restrooms, showers, 24/7 staffing, case management, potable water, and potentially meal service. Often operated in partnership with nonprofit providers, these sites are better suited for sustained service delivery and longer-term housing navigation and are far more costly than the short
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
term parking sites.
Designated Camping
Designated Camping provides a temporary designated, managed outdoor space for individuals experiencing housing instability who may not be eligible or willing to enter traditional shelters or Designated Parking areas.
Participants are assigned a designated space at the property, including a tent and a storage bin. Personal property is limited to what can reasonably fit within their tent. These sites are low-barrier and are intended to stabilize individuals while they work toward more permanent housing.
Designated Camping areas are typically managed by a nonprofit or contracted service provider. Sites typically include: potable water, meal service, hygiene facilities, security fencing, and on-site staff to offer case management and supportive services and enforce program rules.
For a successful Designated Parking or Camping area, an operator or service provider should: manage intake, enforce rules, provide site oversight, coordinate referrals to housing and support services, assume limited liability and uphold a good neighbor policy. These designated camping sites are often very expensive due to the costs associated with site preparation, longer-term operations and liability costs.
Staff has researched other Designated Parking and Camping strategies operating throughout California.
Models, funding outlines, and experienced outcomes are outlined below for your consideration.
MOVE Mountain View (Santa Clara County)
Operator: MOVE Mountain View (non-profit)
Location(s): Various sites across Santa Clara County, including Mountain View and Palo Alto Mountain View:
Longer Term-
Shoreline Lot B- 46 RV spaces + a dedicated space for a commuter vehicle Evelyn Lot- 30 RV spaces + 16 commuter vehicles
Short Term-
Two faith-based lots- up to 4 commuter vehicles per site (8 total) Palo Alto:
Longer Term-
2000 Geng Road- 20 RV spaces + permanent facility with showers, kitchen etc.
Short Term-
Four faith-based lots- up to 4 commuter vehicles per site (24 total) Funding: There are funding allocations that are not listed as City and County staff have yet to provide concrete figures.
Santa Clara County-$ 1,775,432 per year
$447,489 for 18 months from the City of Palo Alto to Santa Clara County for a 10 RV space expansion at Geng Road-
Capacity: Approximately 130 parking spaces across 9 sites Model: Combination of RV parking lots and temporary commuter vehicle sites Details: Sites offer designated parking, sanitation facilities, and on-site case management. Participants must have a valid driver’s license, registration, and insurance MOVE can assist with obtaining these. Temporary overnight lots at faith-based organizations operate from 6:00 PM to 8:00 AM and require daily vacancy.
Participants are screened with no automatic disqualification based on parole status unless safety is a concern.
Outcomes: MOVE Began as a pilot with just three spaces. MOVE now operates across multiple jurisdictions, offering scalable and flexible models through both city-leased and faith-based partnerships. 130 Sites for
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
$4.4M per year.
WeHOPE Safe Parking Program (City of San Jose)
Operator: WeHOPE (nonprofit organization)
Location: 1300 Berryessa Road, San Jose, CA (6.3-acre site) Capacity: 86 RV parking spaces, serving approximately 100 individuals Model: Longer Term, 24/7 supportive RV parking facility Details:The site prioritizes admission for individuals residing within a 1.5-mile radius and does not require participants to have up-to-date vehicle registration or insurance, lowering barriers to entry. Participants receive comprehensive wraparound services designed to support their transition to stable housing. These include 24/7 on-site security, professional case management, access to sanitation facilities, food assistance, and opportunities to engage in community-building activities and classes. The program may also offer job training programs to further support residents’ long-term stability and self-sufficiency.
Funding: Construction Costs: $9.7 million. Annual Lease: $1.7 million per year for a 10-year lease agreement.
Operational Costs: $2.8 million annually, covering services such as case management, sanitation, food, and security
Interfaith Council of Alameda County (City of Oakland)
Operator: Interfaith Council of Alameda County (ICAC)
Location(s): One site: West Side Missionary Baptist Church Capacity: 25 vehicles per site
Model: Temporary overnight parking, 7:00 PM to 7:00 AM
Details: Sites include fencing, gated entry with security codes, surveillance cameras, and guards. Participants receive case management, employment support (e.g., with Port of Oakland), minor auto repair assistance, and access to weekly laundry and showers. A driver’s license, registration, and insurance are required to participate. Church congregates are financially compensated for their site support.
Funding: $450K will be awarded from the City of Oakland to ICAC for one year of operations at their current operating site and to expand to a second site with a day center. The second site will increase capacity by another 25 vehicles.
In 2018, ICAC provided $25,000 annually in rent to each faith-based partner site. This figure has changed, however it remains disclosed.
Catholic Charities (City of Santa Rosa)
Operator: Catholic Charities
Location(s): 55 Stony Point Road (City-owned parking lot) Capacity: Up to 52 parking spaces
Model: Low-barrier, housing-focused designated Parking
Details: RVs and commuter vehicles permitted. Participants have access to food, sanitation, showers, and comprehensive wrap-around services.
Funding: $1,949,739 allocated for the 18-month period from January 2024 through June 2025 Outcomes: Between March 2022 and August 2023:
• 164 individuals received shelter
• 136 (83%) engaged in case management
• 30 (25%) exited to permanent housing
• 18 (15%) exited to temporary housing or emergency shelters • The estimated program cost is $2,083 per month per vehicle. 52 parking spaces for $1.3M per year
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
Faith-Based Temporary Parking (City of Fremont)
Operator: City of Fremont with rotating faith-based partners Location(s): Church parking lots throughout Fremont
Capacity: Up to 20 vehicles per site. Currently, 15 participants.
Model: Temporary overnight model (no RVs), hosted one month at a time per church Details: Churches may host 24-hour or overnight-only models. Each site is supported by a City staff liaison who screens participants. No minors are allowed. All participants undergo a sex offender registry check.
Amenities include portable restrooms and $100 monthly gas gift cards. City staff assist with “light-touch” Case management and a repair fund is available to help with insurance and minor vehicle needs.
Funding: City of Fremont pays $18K for monthly gas cards and $600 per month for portable toilet rental/service.
In-kind contribution of city-staff time; Churches volunteer to take nightly attendance.
Outcomes: Churches report no major issues. Ordinance allows flexibility by allowing churches to host up to 24 hours.
Mobile Temporary Shelter (Placer County)
Operator: The Gathering Inn
Location(s): Placer County Government Center, Auburn, CA Capacity: 60 individuals (expandable to 100)
Model: Low-barrier, tent-based mobile shelter
Details: Site provides individual tent-based shelter. Tents are 10’ x 10’ and cost approximately $500 each.
They have a lifespan of 9–10 months and are furnished with a cot, sleeping bag, and two bins for personal belongings. The site includes restrooms, showers, water access, and wrap-around services. Secure entry includes one-way in/out, weekly tent inspections, and pet allowances based on pet behavior. A substance-use counselor and behavioral specialist are on-site, and adjacent county services provide treatment and housing referrals.
Funding: $500,000 in startup costs (utility services and a building were already on site); $1.4 million annually for operations
Outcomes: Average stay is 92 days. Serves as a vital first step for individuals seeking treatment and eventual transition to higher-barrier shelters. 5, 60 participants in 50 tents for $1.4M a year.
Potential Locations for Designated Camping/Parking in Vallejo and Estimated Costs Address Property Owner Parcel Size Acres (Square
feet)
Zoning District
50 Solano Avenue City of Vallejo 8.70- Acres (378,972 square feet)
Waterfront Mixed-Use
(WMX)
404 Nebraska Vallejo Unified School
District
2.18- Acres (94,960
square feet)
Neighborhood Mixed-Use
(NMX)
120 Mini Drive (Army
Reserve Base)
Federal Government 3.86- Acres (168,142
square feet)
Public and Semi-Public
(PS)
Vacant Site off Rollingwood
Drive
City of Vallejo 4.31- Acres (187,743
square feet)
Residential Medium
Density (RMD)
Vacant Site off Benicia
Road
Syufy Enterprises (privately
owned)
10.09- Acres (439,520
square feet)
Neighborhood Mixed-Use
(NMX)
500 Redwood Yanni Limited LLC 12.45- Acres (542,322
square feet)
Vacant Commercial Land
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
485 Santa Clara Street (Old
Post Office)
City of Vallejo 1.99 – Acres (86,684
square feet)
Governmental &
Miscellaneous
Expense Category Estimated
Cost
Asset vs
Rental
Self-Contained Restrooms (3 stalls) $50,700 Purchase
Self-Contained Shower/Combo (2
standard stalls & 1 ADA)
$106,011 Purchase
ADA Restroom Trailer (1ADA + 2 stalls)
Monthly Rental + Weekly Service
$6,720 Rental
2 Standard Portable toilets + 1
ADA (includes weekly service)
$595 Monthly
Rental
1 Standard Handwashing Station
(includes weekly service)
$185 Monthly
Rental
Modular guard-user check-in hut $19,800 Purchase
Self-Contained Dumpster Compactor $16,595 Purchase
Yard Fencing with Screening $315 per
panel
Purchase
Security Gate $14,500 Purchase
Water Service on site/ in street and plans
and permits
Site Specific Permanent
Electrical on site/ in street and plans and
permits
Site specific Permanent
Potable Water Delivery tank (1) 200
gallon tank (would need water service)
$470 Purchase
Security Services $9,000 per
month
Services
Surveillance camera systems (for 1
portable camera tower)
$300 - $500 Monthly
Rental
Site Lighting (rented light pole operating
off of a generator)
$1,000 Monthly
Rental
Signage
varies on size of sign- some signage
can be done in house
$30-$50 per
sign
Purchase
Operator Costs/Services $500k-$2m Services
Tents $500 per
tent
Garbage Service (1) 4 cubic yard
dumpster @ 2 pick-ups per week
$2,671.21 Monthly
Parking lot site prep (paving) $5-$15 per
sq. yard
Permanent
Parking lot site prep (striping) $10 per
space
Permanent
City Council also directed staff to work with faith-based organizations to pursue potential partnerships for designated parking or camping locations. Staff has had several conversations with various churches and faith- based organizations throughout the City to discuss potential partnerships and is continuing these
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
conversations and efforts. Faith-based organizations considering participation in Designated Parking have brought forward several questions and concerns that they would like to work through prior to operating a Designated Camping or Parking area. The primary questions and concerns relate to risk and liability, including the cost of securing appropriate insurance coverage to host overnight guests on their property. Additionally, churches have cited concerns around enforcing early morning departures for temporary parking programs and the need for security to operate Designated Camping or Parking.
Additional Considerations – Designated Parking & Camping In an effort to provide a well-rounded conversation about potential designated parking and camping there are additional considerations that staff would like to highlight for Council’s discussion as they provide direction on next steps.
• City’s Property & Liability Insurance - Before any site can be implemented, the City must assess its exposure to legal and financial risk. Designated Parking or Camping on City-owned land could require expanded liability coverage. Budget & Budget Source –To provide the appropriate resources and services for a program, allocating an appropriate budget is essential. This includes identifying a funding source that can sustain the project for the identified project timeline. Council must consider initial infrastructure costs (e.g., plumbing, lighting, restrooms, fencing) as well as recurring operational expenses such as staffing, case management, security, and sanitation (e.g., restrooms, garbage, RV gray and black water dumping options).
• Timelines – Short Term vs. Longer Term – Council must also determine whether the program will be a short-term, quickly deployable project or a longer term infrastructure investment. Temporary models allow for pilot testing and immediate relief, while longer terms sites require long-term planning, zoning approvals, and deeper financial commitments. Programs on church property have less stringent zoning requirements than City Owned property.
• RVs and Vehicle Eligibility – For designated camping areas Council will also need to clarify eligibility around vehicle types (RV vs vehicle – or both). It will also be important to establish what standards vehicles must meet (e.g. operable, insured, registered), and how to manage waste for RV units. • Daytime Vacate Requirements – Temporary overnight-only parking areas can face low participation due to the inconvenience of requiring participants to vacate the premises during daytime hours. Many vehicle dwellers, especially those in large RVs or with mobility limitations, find it challenging to relocate daily. This logistical burden can discourage engagement and reduce the program's overall effectiveness.
• Criminal History and Sex Offender Conflicts
• To balance public safety and housing rights, the Council must determine if the designated Camping/Parking will exclude individuals with criminal backgrounds or sex offenders. If these groups are excluded from the Designated Camping/Parking it will need to be determined how to screen individuals to ensure they are not sex offenders or have other disqualifying criminal behavior. State law restricts proximity to schools, blanket bans may be legally questionable and exclude vulnerable individuals.
• Youth – Inclusion of families with minors raises design and safeguarding considerations, as does allowing unaccompanied minors. Council must decide whether to allow youth onsite, and if so, ensure alignment with child welfare standards and appropriate oversight measures. • Transportation Needs - When selecting a location and project type (Designated Camping or 24/7 Designated Parking) transportation access must be addressed for program participants to successfully engage with services, maintain employment, or attend school. The council may consider transit support
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
such as gas vouchers, Clipper Cards, or coordination with transit agencies, especially for sites located away from service hubs.
Ad-Hoc Committee/Working Group
City Council expressed a desire to establish an ad-hoc Committee or Working to develop and recommend a comprehensive, actionable plan to the Vallejo City Council aimed at developing strategies to support the unhoused community. The ad-hoc committee or working group could be tasked with unhoused projects/programs, which could include for example: coordinating efforts among stakeholders, collaboration with VCUSCD, identifying service gaps, establishing a strategic plan to address the unhoused situation in Vallejo, and implementing evidence based solutions that take into account the City’s unique needs.
There are a few different paths to accomplish an ad-hoc committee on the unhoused. Staff is looking to City Council for direction on what vision of the ad-hoc or working group is:
1. An ad-hoc committee comprised of only up to three council members that meet and work with staff to address the unhoused issue. The ad hoc committee would need to have a specific and outlined charge and timeline for accomplishing the work.
2. A working group of up to three council members and representatives appointed by City Council that work with staff to address the unhoused situation.
3. A working group of up to three council members that meet and work with staff, service providers, individuals with lived experience, nonprofits, advocates, faith-based organizations, community-based organizations, healthcare and behavioral health professionals/organizations, and the community at large to address the unhoused situation.
Homeless Roundtable
At their April 1st meeting City Council directed staff to get involved with or create a Homeless Roundtable.
This included potentially establishing a City-led roundtable or being involved with Vallejo Together’s existing roundtable.
Currently, Vallejo Together hosts a virtual Homeless Roundtable on the first Wednesday of the month. Vallejo Together does not want the City to take over the meeting, but the City is invited to participate in these meetings and has a place for updates on their agendas. City staff plan to attend the meetings and provide updates beginning in July.
Council also referenced having a meeting like the City of Fairfield’s roundtable meetings, which is a City-led meeting. The meetings consist of many different partners operating in the unhoused space, surrounding jurisdictions, healthcare and mental health professionals and more. The meetings act as a connecting space to learn what groups are operating in the unhoused space and collaboration on the services they offer. The meetings also provide presentations on topics that cover the unhoused.
Youth and Families Homelessness
City Council and the community expressed the need to have a better understanding of the unhoused population relating to youth and families with youth. The 2024 Point In Time (PIT) Count represented that there were 7 households with 24 unhoused youth spread between them. Staff understand that this number may be underreported.
There is a program within the school district that provides information and resources for homeless children and youth and their right to enroll, attend, participate fully, and succeed in school. This program is the McKinney-
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
Vento Homeless Assistance Act (McKinney-Vento Act) (42 United States Code 11431-11435) which is federal legislation that ensures the educational rights and protections of children and youth experiencing homelessness. It requires all local educational agencies (LEAs) to ensure that homeless students have access to the same free, appropriate public education, including public preschools, as provided to other children and youth. The McKinney-Vento Act defined LEAs as public-school districts, direct-funded and locally funded charter schools, and county offices of education.
City staff met with the McKinney-Vento Act Coordinator for the Vallejo City Unified School District (VCUSD) to gain a deeper understanding of the scale and complexity of student homelessness within the district. The conversation was both enlightening and essential in clarifying the critical role the District plays in identifying and supporting unhoused youth. As of December 31, 2024, VCUSD had identified 475 students experiencing homelessness: 43 in shelters, 336 living “doubled-up” in shared housing, 41 unsheltered (including tents, vehicles etc.), 55 in hotel/motel placements, and 22 unaccompanied minors without a parent or legal guardian.
That number has since increased to approximately 680 students as of May 2025.
This discussion highlighted the importance of expanding our approach to housing insecurity beyond encampments and visible vehicle dwellers and acknowledged the limitations some providers face in conducting outreach to students experiencing homelessness. In an effort to bridge service gaps, staff will also explore how McKinney-Vento data is or could be reflected within the Homeless Management Information System (HMIS) to strengthen service coordination while preserving student confidentiality. The District's Coordinator expressed openness to continuing these discussions and potentially participating in future meetings related to HMIS integration. Additionally, staff will be reaching out to schools outside of VCUSD to better understand the broader scope of student homelessness citywide.
This information also highlights the need to prioritize youth housing. Youth will not be allowed to participate in the Navigation Center. The Broadway project will allow youth to participate with a legal guardian who is experiencing homelessness. Staff will continue to meet with the McKinney Vento representative and collaborate on solutions. This could be an area where the Houseless Ad-Hoc Committee or Council Working Group could assist.
Governor Gavin Newsom’s May 2025 Homelessness Directive On May 12, 2025, Governor Gavin Newsom released a model ordinance urging cities and counties to adopt restrictions on persistent homeless encampments in public spaces. The directive follows the U.S. Supreme Court's decision in Grants Pass v. Johnson, which upholds a city’s right to ban public camping, even when shelter is unavailable.
Key Provisions
• Prohibits camping in one location for more than three consecutive days • Bans obstructions of sidewalks and public rights-of-way • Requires 48-hour notice and a good-faith offer of shelter before encampment removal • Outlaws semi-permanent structures like makeshift huts
State Incentives
Cities that adopt the model ordinance may receive priority access to $3.3 billion in state funding for housing, mental health, and substance use treatment infrastructure. While not mandatory, adopting the model ordinance may strengthen Vallejo’s position for state funding and clarify the City’s legal authority in managing encampments. However additional research is needed to determine the potential downsides and challenges.
Date: June 3, 2025
Subject:
RECEIVE AN UPDATE ON THE UNHOUSED SITUATION AND PROVIDE DIRECTION TO STAFF ON THE CITY’S UNHOUSED OPTIONS
Requested Direction from Council
1. Receive direction from City Council on Designated Parking or Camping opportunities and potential locations. Staff recommends partnering with a faith-based organization due to AB932.
2. Establish City involvement in the Homeless Roundtable and potential creation of a new Homeless Roundtable.
3. For the Ad-Hoc Unhoused Committee - Identify Council members participating, scope of work and timeline, and duration for the Ad-Hoc Committee or Working Group.
FISCAL IMPACT
There is no fiscal impact associated with this item at this time. Once direction for specific projects/programs has been given, staff will return with site specific budget information for consideration and further refinement. Budget adjustments or requests would be brought forward to Council for review and allocation at future meetings based on that direction provided
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378. If site specific direction is given for staff to proceed with a project or program, staff will return with the proposal and any necessary further CEQA analysis.
ATTACHMENTS
None
CONTACT
Gillian Haen, Assistant City Manager (707)648-4163
[email protected]
Natalie Peterson, Assistant to the City Manager (707) 649-3415 [email protected]
ACTION ITEM 7.G.
DATE: June 3, 2025
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: HOLD A PUBLIC HEARING TO PRESENT INFORMATION ON THE CITY'S JOB
VACANCY STATUS
RECOMMENDATION
There is no recommended action for this item.
REASONS FOR RECOMMENDATION
AB 2561 requires a public hearing to present information on the City's vacancy status and an opportunity for bargaining units to speak or present. No action is required.
BACKGROUND AND DISCUSSION
Assembly Bill ("AB") 2561, which went into effect on January 1, 2025, adds Government Code Section 3502.3 to the Meyers-Milias-Brown Act. AB 2561 requires public agencies to assess and address vacancies in order to reduce or resolve the adverse impacts of staffing shortages on public service delivery, as well as on public sector employees.
AB 2561 requires public agencies to track vacancies and hold a public hearing to present on three things prior to Council adopting the fiscal year budget. These three things are: (1) the status of vacancies, (2) recruitment and retention efforts, and (3) any obstacles, impediments, or necessary changes to polices, procedures, and recruitment activities. During this hearing, bargaining units are also afforded an opportunity to speak or present.
Status of vacancies
The total number of vacancies Citywide as of May 9, 2025 was 149. Below is a table showing a breakdown of the number of vacancies for each department and each bargaining unit that has vacancies, number of authorized positions for those same departments for FY24-25, percentage of positions in the department that are vacant, and the department's vacancies as a percentage of all vacancies citywide.
Recruitment and Retention Efforts
Vallejo's City Charter, Section 801, establishes the City as being part of the competitive civil service and holds that all job classifications within the City shall be considered classified under the competitive civil service except those which it outlines as unclassified. All appointments and promotions into classified positions within
Date: June 3, 2025
Subject: HOLD A PUBLIC HEARING TO PRESENT INFORMATION ON THE CITY'S JOB
VACANCY STATUS
the civil service require a competitive process based on knowledge, skills, ability, and experience. The City's Civil Service Commission ("CSC") Rules outline certain requirements that must be met as part of the competitive process. Some of the most pertinent of these rules include advertising recruitments for a minimum of 16 days, competitive examinations (requires a minimum of three (3) qualified candidates), DOJ fingerprinting, and pre-employment physical exams.
Every recruitment begins with a vacancy. Departments realize vacancies in one of a few ways: (1) a newly created classification or newly budgeted position is added, (2) an existing employee promotes, transfers, or voluntarily demotes, or (3) separation (retirement, resignation, termination). Departments who wish to fill a vacant position are required to submit a requisition in Neogov. This is the trigger for Human Resources to begin the recruitment and selection process. Finance also runs a vacancy report each pay period. Human Resources utilizes this report to track recruitments and to engage departments. Typically, especially for departments who have multiple vacancies, Human Resources will request that departments prioritize which vacancies we recruit for in order of operational urgency. After the requisition is submitted and approved, HR schedules a recruitment planning meeting with the hiring manager to discuss the recruitment and selection strategy. Once the recruitment planning meeting has concluded, HR drafts the job bulletin in consultation with the department. The recruitment is open for a minimum of 16 days. For management-level positions, or positions that are difficult to recruit for, the recruitment is typically open for 30 days, and can be extended prior to the closing date if necessary. All City recruitments are automatically posted to GovernmentJobs.com. In addition, we use Careers in Government, Mitratech (previously Circa, a software platform dedicated to OFCCP & DEIB compliance and diversifying our candidate pool), Indeed, social media, and job-relevant niche sites and professional associations to advertise our jobs.
During the recruitment period, and following the recruitment closing, HR reviews applications for minimum qualifications. Those who meet the minimum qualifications will move on to the next phase of the selection process. That next phase could include any one or more of the following, depending on job relevance: subject- matter expert review (SME review), where subject-matter experts review and score applicants' responses to job-related questions on their applications; online skills assessments; performance exams; in-person testing; simulation-type assessments; advanced exercises, etc. Candidates who score highly in this phase of the process will be invited to an oral panel interview. HR creates and facilitates scheduling; creates the interview questions in consultation with the department; and creates the scoring sheet. HR and the hiring department work together to secure three (3) panel members to rate candidates (two at the very least). We make a concerted effort to try to pull together as diverse a panel as possible, including external raters.
Prior to interviews, HR conducts a panel orientation, where we review the schedule for the day; discuss whether or not there are any candidates on the schedule that raters feel they could not rate fairly (or that the candidate wouldn't feel they could rate fairly); discuss the confidentiality of the candidates, the other raters, the questions/ratings, and the process in general; discuss various biases for them to be aware of and what they look like so they can avoid them; and discuss scoring. After the interviews have concluded, HR facilitates a debrief with the panel to discuss the candidates and go over scores and comments. At that time, if there are any large discrepancies in scores (e.g., one rater thinks the candidate is highly qualified, and another rater thinks the same candidate is not qualified), we discuss them to determine the cause of such a discrepancy (e.g., what was heard or not heard, perception, bias, etc.). Once the scores are finalized, HR enters them into our applicant tracking system and places passing candidates on the eligible list in rank order.
Once the eligible list has been created, departments are asked how many candidates they would like referred to them from the eligible list. HR refers the requested number of candidates to the department so they can conduct department-level interviews. Departments are required to interview all candidates who are referred over. Once the department conducts those interviews and makes their selection, they notify HR. HR will draft a conditional offer letter in consultation with the department and send it to the selected candidate, along with the
Date: June 3, 2025
Subject: HOLD A PUBLIC HEARING TO PRESENT INFORMATION ON THE CITY'S JOB
VACANCY STATUS
reference check authorization, information for them to complete their pre-hire steps (background and fingerprinting, then pre-employment physical - depending on the job classification). (Note: the process for Police Officers is a little different. They have a written test, physical agility test, an extensive background process, plus they have psychological and medical examinations.)
Our goal in Human Resources is for staff to open at least two recruitments per week. This is dependent upon completion of staff training, HR being fully staffed, capacity of HR staff with competing priorities, the capacity of departments to participate in the recruitment and selection process, and whether or not departments have operational reasons for not filling their vacancies (e.g., potential reorganization, class specification revisions, space deficiencies, etc.).
The City has hired an outside firm to assist with advertising and recruiting Police Officer Recruits and Laterals in the Police Department. In addition, we are in the final stages of negotiating a recruitment and retention incentive for Police Officers.
From July 1, 2024 through April 30, 2025, the following recruitment and selection efforts were accomplished:
• Participated in 10 career fairs
• Opened 73 recruitments
• Processed 3,754 applications (including public safety) o Processed 16 applications for Police Officer (Lateral) o Processed 117 applications for Police Officer (Entry) o Processed 263 applications for Police Officer (Recruit) • Processed approximately 80 new hires (including public safety) o Hired 13 Police Officers:
▪ 2 Laterals
▪ 4 Entry
▪ 7 Recruits
Recommended policy/procedure changes to increase recruitment and retention Civil service systems were created to ensure that everyone experiences fair and consistent employment practices. Requirements in and around civil service systems are one of the biggest areas of contention between HR and our customer departments, primarily because there are multiple steps and it does take time.
However, these steps were put in place to end or at least mitigate unfair employment practices. In addition, the City deserves the best qualified employees to deliver their services, and our employees deserve the best qualified employees to provide them with internal support so they can focus on delivering those services. To that end, there's nothing in our process that I would recommend changing.
What I see as impediments to recruitment and retention are:
1. Culture - Employees need to feel like they are valued and appreciated for their contributions, and respected for their expertise. It creates a community, it builds loyalty and resiliency, even through tough times. If we show respect and practice professionalism through our actions and words, and show compassion for our community, City staff, and City Council in all situations, including those involving disagreement and difference, we demonstrate to our staff, community, and the rest of the world that we are a great place to live, work, and play. If we focus on forward-thinking, while building on history and lessons learned from the past, we demonstrate to our staff, community, and the rest of the world that we are a great place to live, work, and play.
Date: June 3, 2025
Subject: HOLD A PUBLIC HEARING TO PRESENT INFORMATION ON THE CITY'S JOB
VACANCY STATUS
2. Total Compensation - Total compensation includes base pay; incentive/specialty pays; health, vision, and dental benefits; retirement; paid time off; and other perks such as tuition assistance, gym discounts, pet insurance, daycare or daycare subsidies, and more.
In 2019, Human Resources conducted a total compensation benchmarking study. In 2020, that data was updated, and again in 2021 in preparation for labor negotiations. This data showed us that many of our classifications were below market median. As such, during negotiations in 2021, IBEW, CAMP, and Unrep all received cost of living adjustments (COLA) of 2% / 2% / 3% over three (3) years plus a one-time cash payment of $1,000. In addition, in order to try to catch everyone up to market, all classifications that were below market median by more than 15% received equity increases to bring them to within 15% of market in January 2022. Then, in January 2023, any classifications that were still below market median by more than 10% were brought to within 10% of market median. Finally, for those classifications which were still below market by more than 5%, they were brought to within market in January 2024.
During IAFF negotiations in 2022, IAFF bargained cost of living adjustments (COLA) of 4% / 4% / 4% / 4% over four (4) years. During VPOA negotiations for 2022, VPOA bargained cost of living adjustments (COLA) of 10.16% / 3% / 3% plus a one-time cash payment of the equivalent to eight percent (8%) of salary actually received per member for the first full pay period in April 2022 (pay period 9) through November 17, 2023, for regular employees in the bargaining unit.
During the most recent round of negotiations in 2024, IBEW bargained cost of living adjustments (COLA) of 5% / 5% / 5% over three (3) years plus a 3% equity adjustment in the first year. CAMP bargained cost of living adjustments (COLA) of 5% / 5% over two years, and Unrep followed with cost of living adjustments (COLA) of 5% / 5% over two years as well.
In 2024, Human Resources engaged a classification and compensation expert to conduct a citywide total compensation study in order to get a baseline of where our salaries stand now. When conducting these studies, total compensation data is pulled from our comparable agencies for benchmark classifications, and then that data is applied to the other classifications that are tied to the benchmarks. At this point, the consultant has compiled all of the draft data for the benchmarks and is in the process of applying the data to the remainder of the classifications before finalizing. The next opportunity to act on this would be as part of the upcoming labor negotiations. The expiration date of the current labor Memorandums of Understanding (MOUs) with each of the City's represented bargaining units is listed below. - IAFF 3/31/26
- VPOA 6/30/26
- CAMP 6/30/26
- IBEW 6/30/27
FISCAL IMPACT
There is no fiscal impact.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS