15-0505_MDM & ASSOCIATES_Agenda Report_B5_Little HollywoodSJCHA 5/5/2015
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San Juan Capistrano lousing Authority
Agenda Report
TO: Karen P. Brust, Executive Director A
FROM: Charles View, Development Services Directo
Prepared by: Laura Stokes, Housing Coordin or/Assistant Planner
DATE: May 5, 2015
SUBJECT: Consideration of First Amendments to the Personal Services Agreements
for Property Management Services and Program Facilitation for the Little
Hollywood and Rental Subsidy Affordable Housing Programs (MDM and
Associates)
RECOMMENDATION.
By motion, approve the First Amendments to two (2) Personal Service Agreements with
MDM & Associates to continue administration of the Housing Authority's affordable
housing programs:
1) Extending the term from June 30, 2015, until August 15, 2015, and increasing the
current contract amount of $98,905, by $12,375, to a not to exceed amount of
$111,370 to provide program services for the Little Hollywood Program; and,
2) Extending the term from June 30, 2015, until August 15, 2015, and increasing the
current contract amount of $30,020, by $3,060, to a not to exceed amount of
$33,080 to provide program services for the Rental Subsidy Program, and
increase the allowed reimbursement amount for rental payments to the landlords
participating in the Rental Subsidy Program from the current amount of
$125,640, by $13,592, to a not to exceed amount of $139,232.
EXECUTIVE SUMMARY:
The San Juan Capistrano's Housing Authority (the Authority) owns twenty-four (24)
rental units in the Los Rios District known as Little Hollywood, and also provides rental
subsidies to four (4) household units located throughout the City. These programs
provide lower income households with an affordable housing opportunity. In addition to
the affordable rent, households in the program participate in life skills courses including
budgeting, stress management, parenting, credit improvement, and others.
For the past ten (10) years MDM and Associates ("MDM") has been responsible for
facilitating both programs, including collecting rents, executing leases, certifying
household incomes, handling tenant and landlord complaints and disputes, overseeing
Housing Authority Agenda Report
May 5, 2015
Page 2 of 4
maintenance and repairs, and providing necessary support services directly or through
select sub-consultants/organizations. On June 30, 2015, MDM's Personal Services
Agreements for Property and Program Management of the Little Hollywood and Rental
Subsidy Programs will expire (Attachment 1 and 2). Staff recommends that the Housing
Authority Board of Directors authorize the continued use of MDM and Associates
services for the Little Hollywood and Rental Subsidy Programs for the following thirty
(30) days through two (2) new Personal Service Agreements (Attachments 3 and 4), in
order to prepare and receive responses to a Request for Proposals for these services.
DISCUSSION/ANALYSIS:
The City purchased the property in the Los Rios District referred to as Little Hollywood
with thirteen (13) homes on the site in 1983 and transferred the property to the former
Community Redevelopment Agency (CRA) to provide affordable housing. The CRA
rented the units to the existing residents at an affordable rent. In 1998, the CRA
rehabilitated three (3) of the existing units, replaced ten (10) existing units with
prefabricated units, and added one (1) new prefabricated home to the community. The
units continued to be leased out to the existing low income tenants and offered
affordable housing for additional families. In 2010, the CRA completed installation of an
additional ten (10) prefabricated units to be rented to lower income households, bringing
the total number of Little Hollywood units to twenty-four (24). From 1983 to 2005, the
program provided affordable housing without a time limit for the tenant's occupancy of
the unit. In 2005, the GRA determined that additional guidelines, requirements, and time
limits would benefit the program participants as well as ensure a greater number of
residents could receive assistance.
In addition to the updated program guidelines for Little Hollywood, the CRA created the
Rental Subsidy Program in 2005. The program operated under the same program
guidelines used in Little Hollywood, and allowed up to ten (10) tenants living in non -CRA
owned units to receive a CRA financed rental subsidy. The CRA and now the Housing
Authority, as the Housing Successor, collects rents from the tenants and then forwards
MDM the tenant rents along with the Housing Authority rental subsidy. MDM then
makes rent payments to the landlords owning the units affiliated with the Rental Subsidy
Program to ensure timely payments and avoid late fees.
The program guidelines have been amended periodically since 2005; their use and the
support services discussed below have benefited the households, and are necessary
for the household's success within the programs. MDM's twenty-four (24) hour on-call
services for property management, as well as support services have ensured the City's
property and Program guidelines are maintained and upheld. The current program
guidelines have been included in this report for reference (Attachment 5). Since first
administering the program in 2005, forty (40) households have exited the program with
twenty-six (26) moving into market rate rental housing and twelve (12) purchasing their
first homes, a 95% success rate. Due to the loss of redevelopment funding and
increasing costs associated with the Rental Subsidy Program, the Housing Authority will
phase out the subsidy program by the 2016-2017 Fiscal Year,
Housing Authority Agenda Report
May 5, 2015
Page 3 of 4
MDM has demonstrated the experience to successfully administer the program and
provide a full --range of comprehensive support services through collaboration with
numerous local agencies and organizations including:
Bons & Girls Club R�ional Occupation Program 16 Orange County Head Start
�__
p CHEC-Mission Hospital * Mission San Juan Capistrano � St. ..__. Vincent de Paul
Camino Health Center ,, Ocean Hills Community Church Dayle McIntosh Center
® Union Bank Commu lqy HealthlMental Enrichment Collaborative
Support services provided include, but are not limited to the following:
® Twenty-four hour on call availability for property management and counseling
services.
• Educate family households in budgeting, saving, etc.
• Assist families with job skill training to increase their potential to earn more income.
• Provide opportunities for the households to become responsible and independent.
® Help children grow and develop leadership qualities by positive social interaction in
preschool and after school programs.
® Assist the seniors and disabled residents with support services.
® Assist tenant households with additional resources based upon their needs (i.e. food
pantry, nutrition, clothing, counseling, etc.).
® Provide free or low-cost health care for the residents.
® Allow tenants to give back to the community through volunteering their services.
MDM has provided a budget proposal for full administration of the Authority's Housing
Program including application follow-up and maintaining contact with applicants on the
waiting list for Fiscal Year 201512016. The total Little Hollywood Program contract
budget will not change from the 2014 contract of $6,250 per month totaling $12,375 for
the extension to August 15, 2015,
The Rental Subsidy Program will be reduced from the 2014 contract of $30,020 to
$3,060 for the extension to August 15, 2014, due to the reduced number of participants
in the program. Additionally, MDM's proposed contract will include $13,592 for the rent
payments due to the landlords participating in the Rental Subsidy Program for the
Months of July and August.
Staff supports amending the MDM and Associates agreement to allow for the issuance
of a Request for Proposal for providing these services. This time will allow the continued
success of the current program while providing an opportunity to seek competitive
proposals for the future provision of these vital community services. The Housing
Authority's tenants have developed a working relationship with MDM and Associates
representatives which have resulted in the 95% success rate of exiting households.
MDM and Associates has provided excellent services to San Juan Capistrano
residences, and is an efficient liaison between residents and the City. Beginning in
Housing Authority Agenda Report
May 5, 2015
Page 4of4
2011-2012, MDM has provided additional administrative services for the Little
Hollywood program, including responding to all program applicants with housing
referrals. Therefore, staff recommends approving the First Amendments to two (2)
Personal Service Agreements with MDM & Associates to continue administration of the
Housing Authority's affordable housing programs, to allow sufficient time to prepare and
distribute a Request for Proposal for these services.
FISCAL IMPACT
The $12,375 for the Little Hollywood Program, $3,060 for the Rental Subsidy Program
and $13,592 for Rent Reimbursements have been included in the Fiscal Year 2015-
2016 Housing Authority budget for the forty-five (45) day period from July 1, 2015, to
August 15, 2015,
PRIOR HOUSING AUTHORITY REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEWAND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Not applicable.
ATTACHMENTS:
Attachment 1 —
Personal Services Agreement for MDM and Associates Consultant
Services of the Little Hollywood Program June 23, 2014
Attachment 2 --
Personal Services Agreement for MDM and Associates Consultant
Services of the Rental Subsidy Program June 23, 2014
Attachment 3 —
First Amendment to the Personal Services Agreement for MDM and
Associates Consultant Services of the Little Hollywood Program
Attachment 4 —
First Amendment to the Personal Services Agreement for MDM and
Associates Consultant Services of the Rental Subsidy Program
Attachment 5 _..
Little Hollywood Affordable Rental Housing Program Guidelines
Attachment 6 —
Program Participant Testimonies
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 23rd day
of June, 2014, by and between the San Juan Capistrano Housing Authority (hereinafter
referred to as the "Authority") and MDM and Associates (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, Authority desires to retain the services of Consultant regarding the
Authority's proposal to provide property management and support services for the Authority
operated Little Hollywood affordable housing program; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Authority and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in. Exhibit "A," attached hereto and incorporated herein by reference. To the
extent that there are any conflicts between the provisions described in Exhibit "A" and
those provisions contained within this Agreement, the provisions in this Agreement shall
control.
Section 2. Term,
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 30, 2015.
Section 3. Compensation,
3A Amount.
Total compensation for the services hereunder shall not exceed $98,995, as
set forth in Exhibit "B,'° attached hereto and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The
Authority will pay monthly progress payments based on approved invoices in accordance
with this Section.
ATTACHMENT 1
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the Authority. Invoices shall be addressed as provided for
in Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the Authority, and shall obtain no rights to any benefits which accrue
to Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the Authority to enter into this
Agreement. Consultant shall not contract with any other entity to perform the services
required without written approval of the Authority. This Agreement may not be assigned,
voluntarily or by operation of law, without the prior written approval of the Authority. If
Consultant is permitted to subcontract any part of this Agreement by Authority, Consultant
shall be responsible to the Authority for the acts and omissions of its subcontractor as it is
for persons directly employed. Nothing contained in this Agreement shall create any
contractual relationships between any subcontractor and Authority. All persons engaged in
the work will be considered employees of Consultant. Authority will deal directly with and
will make all payments to Consultant.
Section 6. Changes to Scope of Mork.
For extra work not part of this Agreement, a written authorization from Authority is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the Authority, the
Parties hereto shall execute an addendum to this Agreement setting forth with particularity
all terms of the new agreement, including but not limited to any additional Consultant's
fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1 ) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by Authority, it shall immediately inform the Authority of this and shall not proceed with
further work under this Agreement until written instructions are received from the Authority.
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Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to Authority at least
one (t) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions. and recommendations with any supporting documentation. All reports
submitted to the Authority shall be in reproducible format, or in the format otherwise
approved by the Authority in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the Authority. All such
reports, information, data, and exhibits shall be the property of the Authority and shall be
delivered to the Authority upon demand without additional costs or expense to the
Authority. The Authority acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indernnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the Authority and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
11
Consultant in the performance of the Agreement. The only exception to Consultant',,,-
responsibility
onsultant'sresponsibility to protect, defend, and hold harmless the Authority, is due to the negligence,
recklessness and/or wrongful conduct of the Authority, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 141. Insurance.
On or before beginning any of the services or work called for by any terra of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the Authority, the
insurance specified below with insurers and under forms of insurance satisfactory in all
respects to the Authority. Consultant shall not allow any subcontractor to commence work
on any subcontract until all insurance required of the Consultant has also been obtained for
the subcontractor. Insurance required herein shall be provided by Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A- Class
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive /Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Workers' Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the terra of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
Eli
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement naming Authority, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded Authority, its officers, employees, agents, or volunteers.
14.5 Notice of Caneellation/Termination of insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to Authority,
except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay
a premium.
14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
Authority has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
Authority shall have the right to terminate this Agreement without cause by giving
thirty (30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of the Agreement. If the other
party does not cure the breach of Agreement, then the Agreement may be terminated
subsequent to the ten (10) day cure period.
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Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To Authority: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Laura Stokes, Housing Coordinator/ Assistant Planner
To Consultant: MDM & Associates
P.n.1_13cx 204'
Mission Viejo, CA 92690
Section 17. Attorneys" l=ees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS") -
Section 19. Entire Agreement & Governing Law.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof. Any action, arbitration, mediation, hearing or other proceeding related to
this Agreement shall be governed by and constructed under the internal laws of the State
of California without regard to conflicts of law principles.
Section 20. Counterparts and Facsimile signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures maybe transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
Section 21. Severability.
If any term or condition of this Agreement is determined to be invalid, it shall not
affect the validity and enforceability of the remaining terms and conditions.
L:
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SAN JUAN CAPISTRANO HOUSING AUTHORITY
By:
Roy L. Byrnes, M.D., Chairman
CONSULTANT
By:
Ma r rp-
ba 't McClean, MDM & Associates
ATTEST.
,Marti Mor rks, Secretary
APPROV,DA'S TO FORM:
s an Ligten, City Attorney
7
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 23rd day
of June, 2014, by and between the San Juan Capistrano Housing Authority (hereinafter
referred to as the "Authority") and MDM and Associates (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS. Authority desires to retain the services of Consultant regarding the
Authority's proposal to provide property management and support services for the Authority
operated Rental Subsidy affordable housing program; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Authority and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit "A," attached hereto and incorporated herein by reference. To the
extent that there are any conflicts between the provisions described in Exhibit "A" and
those provisions contained within this Agreement, the provisions in this Agreement shall
control.
Section 2. Tera.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 30, 2015.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $30,0120, as
set forth in Exhibit "B," attached hereto and incorporated herein by reference. Authority
shall reimburse Consuitant for rental payments in an amount not to exceed $125,640.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The
Authority will pay monthly progress payments based on approved invoices in accordance
with this Section.
ATTACHMENT 2
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the Authority. Invoices shall be addressed as provided for
in Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the Authority, and shall obtain no rights to any benefits which accrue
to Agency's employees.
Section 5. Limitations Upon Subcontracting and Assi nment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the Authority to enter into this
Agreement. Consultant shall not contract with any other entity to perform the services
required without written approval of the Authority. This Agreement may not be assigned,
voluntarily or by operation of law, without the prior written approval of the Authority. If
Consultant is permitted to subcontract any part of this Agreement by Authority, Consultant
shall be responsible to the Authority for the acts and omissions of its subcontractor as it is
for persons directly employed. Nothing contained in this Agreement shall create any
contractual relationships between any subcontractor and Authority. All persons engaged in
the work will be considered employees of Consultant. Authority will deal directly with and
will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from Authority is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the Authority, the
Parties hereto shall execute an addendum to this Agreement setting forth with particularity
all terms of the new agreement, including but not limited to any additional Consultant's
fees.
Section 7. Familiarity with Work and/or Construction Site,
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by Authority, it shall immediately inform the Authority of this and shall not proceed with
further work under this Agreement until written instructions are received from the Authority.
4
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person raving such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to Authority at least
one (1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the Authority shall be in reproducible format, or in the format otherwise
approved by the Authority in writing.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the Authority. All such
reports, information, data, and exhibits shall be the property of the Authority and shall be
delivered to the Authority upon demand without additional costs or expense to the
Authority. The Authority acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the Authority and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys` fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in anyway connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the Authority, is due to the negligence,
3
.recklessness and/or wrongful conduct of the Authority, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the Authority, the
insurance specified below with insurers and under forms of insurance satisfactory in all
respects to the Authority. Consultant shall not allow any subcontractor to commence work
on any subcontract until all insurance required of the Consultant has also been obtained for
the subcontractor. Insurance required herein shall be provided by Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A- Class
Vil or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Workers' Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
IV
14.4 Proof of Insurance RequirementslEndorsernent.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement naming Authority, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded Authority, its officers, employees, agents, or volunteers.
14.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to Authority,
except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay
a premium.
14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
Authority has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
Authority shall have the right to terminate this Agreement without cause by giving
thirty (30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) clays' notice to the other party of a material breach of the Agreement. If the other
party does not cure the breach of Agreement, then the Agreement may be terminated
subsequent to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
5
To Authority: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attm Laura Stokes, Housing Coordinator I Assistant Planner
To Consultant: MDM & Associates
P. O. Box 2041
Mission Viejo, CA 92690
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement & Governing Law.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof. Any action, arbitration, mediation, hearing or other proceeding related to
this Agreement shall be governed by and constructed under the internal laws of the State
of California without regard to conflicts of law principles..
Section 20. Counterparts and Facsimile signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
Section 21. Severability.
If any term or condition of this Agreement is determined to be invalid, it shall not
affect the validity and enforceability of the remaining terms and conditions.
[SIGNATURE PAGE FOLLOWS]
on
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SAN JUAN CAPISTRANO HOUSING AUTHORITY
By: .,..
Roy L. Byrn s, M.D., Chairman
CONSULTANT
r �
� I
04r6iarq McClean, MDM & Associates
ATTEST:
t
Morris; *e retary
APPR ED AS TO FORM:
Ha s Van Ligten, City Attorney
FIRST AMENDMENT TO
PERSONAL. SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between
the CITY OF SAN .JUAN CAPISTRANO ("City") and MDM and Associates, ("Consultant") is
made and entered into, to be effective the I" day of July, 2015, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated .lune 23r , 2014, for property management and support services for the
Authority operated the Little Hollywood affordable housing program (the "Agreement"); and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement as
provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
therein, City and Consultant agree to amend the following Sections of the Agreement as
follows:
Section 2. Term.
The term of the agreement shall be extended from June 30, 2015 until August 15, 2015.
Section 3. Compensation.
Total compensation for the scope of services for this Project shall be increased by
Twelve Thousand Three Hundred Seventy -Five Dollars ($12,375), from an amount not to
exceed Ninety -Eight Thousand Nine Hundred Ninety -Five Dollars ($98,995) to an amount not
to exceed One Hundred Eleven Thousand Three Hundred Seventy Dollars ($111,370).
All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
[SIGNATURE PAGE FOLLOWS]
-1- ATTACHMENT 3
540028.1
CITY OF SAN .JUAN CAPISTRANO
Derek Reeve, Mayor
ATTEST:
By:
City Cleric
APPROVED AS TO FORM:
BY:
City Attorney
CONSULTANT
Margaret McClean, Owner
MDM and Associates
-2-
54002S i
FIRST AMENDMENT TO
PERSONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between
the CITY OF SAN JUAN CAPISTRANO ("City") and MDM and Associates, ("Consultant") is
made and entered into, to be effective the 1St day of July, 2015, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated June 23r , 2014, for property management and support services for the
Authority operated the Rental Subsidy affordable housing program (the "Agreement"); and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement as
provided hereunder.
/_[iyi1:4ii11]►y,1:40 a I
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
therein, City and Consultant agree to amend the following Sections of the Agreement as
follows:
Section 2. Term.
The term of the agreement shall be extended from June 30, 2015 until August 15, 2015.
Section 3. Compensation.
Total compensation for the scope of services for this Project shall be increased by
Three Thousand and Sixty Dollars ($3,060), from an amount not to exceed Thirty Thousand
Twenty Dollars ($30,020) to an amount not to exceed Thirty -Three Thousand and Eighty
Dollars ($33,080) and reimbursement for rental payments shall be increased by Thirteen
Thousand Five Hundred Ninety-two Dollars ($13,592) from an amount not to exceed One
Hundred Twenty -Five Thousand Six Hundred Forty Dollars ($125,640) to an amount not to
exceed One Hundred Thirty -Nine Thousand Two Hundred Thirty -Two Dollars ($139,232).
All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
[SIGNATURE PAGE FOLLOWS]
-1- ATTACHMENT 4
540028.1
CITY OF SAN JUAN CAPISTRANO
Derek Reeve, Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
CONSULTANT
3-1
-2-
540028.1
Margaret McClean, Owner
MDM and Associates
SAN JUAN CAPISTRANO HOUSING AUTHORITY
LITTLE HOLLYWOOD AFFORDABLE RENTAL HOUSING PROGRAM
GUIDELINES & OPERATING PROCEDURES
Adopted April 18, 2000
Amended August 16, 2005
Amended June 07, 2011
Amended October 02, 2012
INTRODUCTION
The San Juan Capistrano Housing Authority (Authority), as Successor Housing
Agency to the former San Juan Capistrano Community Redevelopment
Agency, now owns the property acquired, rehabilitated, and constructed for
single-family residences in the area Known as Little Hollywood. The Little
Hollywood Affordable Rental Program maintains and provides affordable
housing to lower and very -low income tenant households for a period of three -to -
five years to allow sufficient time for the households to improve their financial
situation and become self-sufficient. The program guidelines and operating
procedures provide a basis for determining applicant eligibility and rules that
are to be followed by all tenant's households.
DEFINITIONS
Tenant Household - One household per unit occupied by those persons identified
on the executed residential lease.
Extreme) Very -Low Income Household - A household with a combined annual
income for all household members 18 years of age or older that does not exceed
30 percent of the Orange County annual median income.
Very -Low Income Household - A household with a combined annual income for
all household members 18 years of age or older that does not exceed 50
percent of the Orange County annual median income.
Lower -Income Household - A household with a combined annual income for all
household members 18 years of age or older that does not exceed 80 percent
of the Orange County annual median income.
Rental Subsidy Waiting List - A list maintained by the City of San Juan
Capistrano's Development Services Department of those persons that have
submitted a written request to be added to a waiting list to receive rental
assistance from the Authority.
Declaration of Conditions Covenants and Restrictions - A document transferred
to the Authority, Successor Agency to the former San Juan Capistrano
Community Redevelopment Agency, and adopted on August 10, 2005, that
restricts the maximum incomes for households and the maximum rents the
Authority may charge for the Authority's housing units within the Authority's
Page 1 of 12
ATTACHMENT 5
project area boundaries for a period of 55 years.
Housing Units - The Little Hollywood rental units located on Assessor's
Parcel Nos. 649-281-05, 121-142-01, and 121-142-07 in the Los Rios District
within the Housing Authority project boundaries that are owned by the Authority.
Housing Development - The Little Hollywood property owned by the Housing
Authority on Assessor's Parcel Nos. 649-281-05, 121-142-01, and 121-142-07
located in the Los Rios District, adjacent to Mission Street, Ramos Way, and
Ramos Street in the City of San Juan Capistrano.
Monthly Rent - The total of monthly payments for use and occupancy of the
Housing Unit and land and facilities associated there within accordance with
Section V (Monthly Rental Amount) of these regulations. Additional monthly
fees, utility charges, or service charges which are required of all tenants may
be assessed by the Authority.
Utility Allowance - The amount that may be added to the monthly rent each
month for all tenant households for utility services provided by the Authority
pursuant to the Utility Allowance published annually by the County of Orange
Housing & Community Services Development Multi -Family Affordable Rental
Housing Utility Allowance.
III. ELIGIBLE TENANT HOUSEHOLDS
A. U.S. Citizenship/Permanent Alien Resident Status - All occupants of
the tenant household must be either a U.S. citizen or a permanent
resident alien. A valid social security card, proof of citizenship and/or
permanent residential alien status must be provided for all members of the
household.
B. Income Eligibility - For the purpose of this program, the tenant
households must be certified as income eligible as a lower and/or very -low
income household. The definition of a lower-income household is a Tenant
Household that has a gross annual income that does not exceed 80
percent of the Orange County median income, adjusted for household
size. A very- low income household is a tenant household that has a gross
annual income that does not exceed 50 percent of the Orange County
median income adjusted for household size. Income levels will be
established annually on .October 15t, based on information provided by
the U.S. Department of Housing and Community Development as
amended annually, for the Authority.
In accordance with the Declaration of Conditions, Covenants and
Restrictions adopted by the Authority, by way of the former Community
Redevelopment Agency on August 16, 2005, four (4) of the housing units
shall be made available, rented and occupancy restricted to Lower
Income households at an affordable rent, and an additional twenty (20)
Page 2 of 12
housing units shall be made available, rented and occupancy restricted to
Very Low Income households at an affordable rent. Units occupied prior to
August 16, 2006, with gross annual household income exceeding the
lower-income household maximum, shall be eligible to remain in the
housing units provided their income does not exceed 80 percent of the
median income, adjusted for household size. The designation of particular
housing units as lower income units or very low income units shall be in
the sole discretion of the Authority. The unit sizes shall be rented to lower
and very -low income households as follows:
.... ........ _.._...... _. ................. W
No. of Bedroom Very -Low income Lower income
3 2
2 14
1 4
C. Determination of Income - Gross annual income, includes all payments
from all sources that are anticipated to be received by all adult members
of the Tenant Household over the subsequent twelve (12) month period of
tenancy (Exhibit C of the Declaration of Conditions, Covenants and
Restrictions).
D. Household Priority - The program will assist income -eligible households
on the affordable housing rental subsidy waiting list according to the
following preferences.
• A household that is willing to take action to improve their
circumstances and works towards becoming self-sufficient within
three -to -five years.
• Current Little Hollywood Tenant in overcrowded unit with minor children.
• Current Little Hollywood Tenant in overcrowded unit without minor
children.
• Currently living or working in the City of San Juan Capistrano.
• A household that resides in an uninhabitable dwelling unit (as
determined by the City's Building Official pursuant to the provisions of
the Uniform Building Code), transitional dwelling unit, or an
overcrowded dwelling unit (as determined by Section IV — Household
Size of these regulations).
E. Alcoholic and/or Drug Abuse - No person or persons who is/are
abusing alcohol and/or using illegal drugs shall be eligible to participate in
the program. To determine if a household is abusing alcohol and/or using
illegal drugs, the Authority will conduct a background check and interview
each household during the screening process.
F. A tenant household can be rejected for a criminal history that Includes
any illegal activity in violation of Federal, State, or local laws, including but
not limited to: physical/sexual abuse, sale or distribution of controlled
Page 3 of 12
substances, and any acts of violence that could affect the health, safety or
welfare of other residents.
IV. APPLICATION PROCESS
A. Initial application - Upon availability of a unit, staff will contact the
households on the waiting list in accordance with the criteria set forth in
Section II (D)(Household Priority) above. Staff will attempt to contact
the party by mail and by phone. If staff is unable to contact the interested
party after thirty (30) days, the name will be deleted from the waiting list.
When an interested party is contacted, they will have thirty (30) days from
receipt of the tenant application package to complete all documents and
submit all necessary information to the Authority. Failure to do so will result
in determining the applicant ineligible for the program.
Upon verification of all eligibility requirements, the tenant will be required to
sign the standard lease document and move -in within forty-five (45) days.
Failure to do so will result in determining the applicant ineligible for the
program.
B. Background Checks - A criminal record check will be required for each
adult household member prior to execution of a residential lease or at any
other time as deemed necessary at the Authority's discretion. An
application for tenant household can be rejected for a criminal history that
includes physical/sexual abuse, sale or distribution of controlled
substances, and any acts of violence that could affect the health, safety or
welfare of other residents.
C. Annual Re -certification - Each year on October 1st, each existing
tenant household will be required to complete the tenant application
package and submit it to the Authority no later than November 1st.
Authority staff will review the application and make a determination on
eligibility for the coming calendar year. Tenant households meeting the
eligibility requirements and interested in continuing in the program will be
required to execute their new lease no later than December 31St. Failure to
submit re -certification information by November 1St or execute a new lease
document by December 31St, will result in determining the tenant household
ineligible for the program.
If the Authority determines that a tenant household's income exceeds the
lower-income eligibility requirements, the household will be deemed
ineligible to continue in the program. Upon determination by the Authority
during this re -certification process that the household does not meet the
income requirement, any subsequent decrease in household income in
order to meet the income requirement will not change the Authority's
decision to require the tenant to vacate the unit. The Authority may
consider, at its discretion, any adjustments to the lease and/or rent
Page 4 of 12
payments during the year due to unforeseen circumstances.
Tenant households residing in the housing unit prior to adoption of these
revised guidelines on August 16, 2005, shall be allowed to exceed
the lower-income eligibility requirements provided their household income
does not exceed the low-income eligibility requirements. The Authority
shall provide 90 days notice to the tenant household in writing that the
tenant household has been deemed ineligible and shall be required to
move out of the unit. The Authority may, at its sole discretion, extend the
tenant's move -out deadline by an additional 60 days due to justifying
circumstances. The Authority will review a tenant household's income
once annually. If a tenant household's income decreases for whatever
reason after the date of the Authority's determination of ineligibility, the
original income certification will apply and the tenant household will be
required to vacate the unit.
V. HOUSEHOLD STATUS & SIZE
All members of the household must be U.S. citizens or permanent resident
aliens. Proof of citizenship or resident alien status will be required of all
household members.
The household size must comply with that approved in the residential lease.
The premises shall only be used as a residence by the lessees. Occupancy
shall be limited to those persons indicated in the residential lease, and no
additional occupants may reside at the premises without prior written consent of
the Authority. Any persons who desire to live in the unit, including new family
members by marriage, must apply through the resident selection process. If a
household size decreases to below the minimum number of people allowed,
the occupant shall be required to transfer to the next available unit for which they
qualify based upon their household size or move out of. the unit. If no unit is
available in the Little Hollywood Housing Development, the Authority may require
the household to move to another affordable unit elsewhere in the City or to
move out of the unit. If, during the year, the household size increases to above
the maximum number of people, the tenant household will not be eligible to be
certified in the following year.
The occupancy limits are outlined as follows.
Unit Size
Of Bedrooms
0
1
2
3
Minimum
Number Of Persons
1
2
5
Page 5 of 12
Maximum
Number Of Persons
2
3
5
7
VI. MONTHLY RENTAL AMOUNT
The Monthly Rent payable by a Lower-income Household shall not exceed one -
twelfth (1112) of thirty percent (30%) of eighty percent (80%) of Orange
County median income, as determined by regulation of the State of California, for
a household size appropriate to the unit or the current market rent based upon
unit size in accordance with the Orange County Income and Rents limit issued
annually by the County of Orange, whichever is lower.
The Monthly Rent payable by a Very -Low Income Household shall not exceed
one -twelfth (1112) of thirty percent (30%) of fifty percent (50%) of Orange
County median income, as determined by regulation of the State of California, for
a household size appropriate to the. unit or the current market rent based upon
unit size in accordance with the Orange County Income and Rents limit issued
annually by the County of Orange, whichever is lower.
The Monthly Rent payable by a Extremely Very -Low Income Household shall not
exceed one -twelfth (1112) of thirty percent (30%) of thirty percent (30%) of
Orange County median income, as determined by regulation of the State of
California, for a household size appropriate to the unit or the current market rent
based upon unit size in accordance with the Orange County Income and Rents
limit issued annually by the County of Orange, whichever is lower.
The maximum Monthly Rent chargeable for the Housing Units shall be annually
determined by the Authority in accordance with the foregoing requirements. If,
based upon an updated income certification, a tenant no longer qualifies as a
Very -Low Income Household, the Authority shall rent the next available Housing
Unit and any necessary Housing Units thereafter to a Very -Low Income
Household in accordance with the terms of the affordability covenant agreement.
In addition, except in the event of fraud or misrepresentation,'no tenant shall be
denied continued occupancy in a Housing Unit solely because such tenant no
longer qualifies as a Very -Low Income Household because of an increase in
household income subsequent to such tenant's initial date of occupancy,
provided that the tenant qualifies as a Lower -Income Household as provided for
in Section III of these Guidelines.
Notwithstanding the foregoing, if a tenant's income exceeds the qualifying limits for
a Very -Low Income recertification, but qualifies as a Lower -Income Household,
the Authority may increase the monthly rent payable by such tenant in
accordance with the monthly rental amount for a Lower -Income Household.
Upon the vacation of the Housing Unit by such tenant, the Housing Unit shall be
rented to an Extremely Very -Low, Very -Low, or Lower -Income Household, in
accordance with the requirements of the Declaration of Conditions, Covenants
and Restrictions, adopted by the San Juan Capistrano Housing Authority, via the
former Community Redevelopment Agency on August 16, 2005.
Page 6 of 12
VII. CRITERIA FOR CONTINUED RESIDENCY
The San Juan Capistrano Housing Authority, at its sole discretion, may require
the tenant household to vacate the affordable housing units for any of the
following reasons:
A. The tenant household is no longer income eligible (i.e. income exceeds
80% of area median income adjusted for household size).
B. The tenant household fails to complete the re -certification process.
C. The tenant household has resided in the housing development for
three years and has made no . progress towards increasing their income
acid/or education. Participating eligible households that have complied with
the guidelines and operating procedures and performance standards set
forth in these guidelines may reside in the housing development for up to
three years, with the possibility of renewal for two additional one-year
leases. To qualify for renewal of up to two additional one year leases, the
tenant household must provide; written documentation to the Authority staff
each year that they have made progress towards improving their financial
situation and/or education.
D. A tenant household has resided in the housing development for the
maximum of five years.
E. If it is determined by the Authority that any member of the tenant
household is:
i. Using the housing unit or any portion of the housing development for
the illegal sale or use of drugs and other controlled substances as
defined by Penal Code and the Health and Safety Codes of the State
of California.
ii. Arrested during the term of the lease for use, sale, distribution or
delivery of illegal drugs.
iii. Conducting any illegal activity in violation of Federal, State, or local
laws including but not limited to: physical/sexual abuse, sale or
distribution of controlled substances, and any acts of violence that
could affect the health, safety or welfare of other residents.
F. The tenant household fails to comply with the program guidelines
and operating procedures.
G. The tenant household fails to pay the monthly rent on time per the terms
of the residential lease.
Page 7 of 12
VIII. CRITERIA FOR TRANSFER TO ANOTHER UNIT
The San Juan Capistrano Housing Authority, at its sole discretion, may
require the tenant household to transfer into another affordable housing unit
within the Little Hollywood Housing Development or transfer to an affordable
unit located elsewhere in the City, for any of the following reasons:
A. If the Authority determines that a tenant household is no longer able
to provide day-to-day maintenance of the unit and/or to maintain the unit in
a clean; safe, sanitary and attractive condition, including landscaping.
B. If the tenant household size has decreased below the minimum number of
persons, the occupant shall be required to transfer to the next available unit
for which they qualify based upon their household size. If no unit is available
in the Little Hollywood Housing Development, the Authority may require the
household to move to another affordable unit elsewhere in the City or to
move out of the unit.
IX. TENANT RULES AND REGULATIONS
A. SUBLETTING OF HOUSING UNIT - Subletting of any Housing Unit by
the tenant household is prohibited and may result in eviction by the
Authority of the tenant household.
B. MAINTENANCE - Tenants are required to provide minor day-to-day
maintenance of their units. This includes but is not limited to minor
landscape maintenance, trash pickup, etc. Personal household items such
as furniture, appliances, etc. shall not be kept outside the dwelling and/or
within vision of other tenants so as to become an eyesore. These items are
to be kept in storage. Under no circumstances will tenant store or allow to be
stored any items within the common areas of the neighborhood.
C. MAINTENANCE OF COMMON AREAS - The Authority shall maintain
all common area landscaping.
D. STORAGE SHEDS & CARPORT STORAGE - Storage sheds & carport
storage will be used for storage of yard and personal items. Tenants will
not allow storage sheds to be used as living quarters. Tenants will observe
proper storage requirements for combustibles.
E. TRASH - Trash shall be disposed of in the containers provided by the
City's trash hauler. Tenants shall follow the guidelines provided by the
Authority for disposal of trash. Large items may be picked up by the City's
trash hauler with prior approval. Residents shall be provided with three
bins, black for general trash (non -recyclable), blue for recyclables and
green for green (plant) waste.
Page 8 of 12
E. AUTHORITY INSPECTION - Each tenant household shall be required to
allow access of their rental unit for monthly site inspections, or as deemed
necessary by the Authority or its designated consultant, to verify household
size, maintenance of the unit, and adherence to the program rules.
G. PARKING - Each household will have available parking for two vehicles
that must be in operating condition and have current registration and
insurance. Guests will park in the designated guest parking spaces. No
parking of any vehicle is allowed on the street or common areas. Guest
parking spaces shall not be used for vehicle repair. Driveways and parking
areas shall be kept free from debris and items that may be hazardous to
vehicular and pedestrian traffic. Each tenant will be issued two parking
permits for their permanent vehicles and one guest permit. Vehicles not
displaying parking permits on Authority property will be subject to tow, at
the vehicle owner's expense. In the event a tenant wishes to have a larger
gathering and use more than one guest space, the tenant must request
approval for the event seven days before the event and receive temporary
guest parking permits from the Authority or its agent in writing four days
before the event. Event guest parking permits must be visible on the
dashboard on the day of the event.
H. NUISANCES - No noxious or offensive activity (including but not limited
to the repair of motor vehicles) shall be carried on, in or at any housing unit
or within the housing development common areas. A tenant household
shall not do anything which may be or become an unreasonable annoyance
or a. nuisance to any other tenants in the housing development. Without
limiting the generality of the foregoing provisions, no loud noises or noxious
odors, no exterior speakers, horns, whistles, bells or other sound devices,
noisy or smoky vehicles, large power equipment or. large power tools,
unlicensed off-road motor vehicles or items which may unreasonably
interfere with television or radio reception of any tenant household in the
housing development, shall be located, used, or placed on any portion of the
housing development or exposed to the view of other tenant households
without the prior written approval of the Authority. The Authority shall have
the right to determine if any noise, odor, interference or activity producing
such noise, odor or interference constitutes a nuisance.
COURTESY TO OTHER RESIDENTS - Residents shall respect the
peace and privacy of others. Tenants shall not make nor permit any
disturbing noises. Any disturbances should be reported to Authority staff.
J. GUESTS - Occupants must receive prior written approval from the
Authority for guests staying over seven consecutive days within any 60 -
day period. Occupancy by guests, including family members, staying over
seven consecutive days or for seven days within any 60 -day period,
without prior approval of the Authority, will subject the tenant household to
Page 9 of 12
eviction. Situations where tenants wish for guests to stay over the
allowed seven days will be reviewed on a case by case basis, and will
require Authority approval a minimum of 14 days prior to a guest arriving.
K. PROGRAM PARTICIPATION - All tenant households shall be required
to participate in appropriate classes, workshops, and other activities as
assigned, at the discretion of the Authority.
L. PERFORMANCE STANDARDS - All tenant households shall be
evaluated monthly based upon the following performance standards:
i. Household size and occupancy must comply with that listed in the
lease agreement.
ii. Tenant household must maintain the housing unit in a satisfactory
and safe living environment.
iii. Tenant household must maintain the exterior and the interior of the
housing unit in a clean, sanitary, and attractive condition (including
landscaping).
iv. Tenant household must pay the rent on time per the terms in the
lease agreement.
v. Tenant household members must comply with the Little Hollywood
Affordable Rental Housing Program Guidelines and Operating
Procedures.
Unless exempted, all tenant households must comply with the following
additional performance standards:
i. All adult members of the household shall be employed or be a full-
time student, unless retired or physically unable to work.
ii. Tenant households shall be required to participate in a tenant
education program that will be provided by either the Authority or a
designated Authority or Consultant that includes the following:
a. Work with a case manager in preparing a monthly family budget
(to include all monthly income and expenses) with the goal of
saving 10 — 30 percent of their net income each month in a
verifiable savings account;
b. Attend group sessions at a designated location in San Juan
Capistrano;
c. Attend individual counseling, if recommended (parent/marital,
Page 10 of 12
anger management, children and teen evaluations and tutorial
assistance);
d. Attend monthly meetings with an assigned case manager to
assess and evaluate the household's goals;
e. Complete required monthly paperwork (as assigned);
f. Work with case manager to prepare a goals sheet for each adult
in the household (as assigned);
g. Submit supporting documents for monthly budget report (i.e. proof
of income; pay stubs, child support documents, notice of action
forms, bills received/paid, merchandise and grocery receipts, etc.);
h. Agree to allow a monthly in-home visit by assigned case manager
or the Authority;
Attend workshops and classes, as assigned.
iii. Tenant households shall be required to perform 5 to 0 hours of
community service volunteer work monthly. Volunteer work shall be
coordinated by the Authority or the Authority's property management
company.
At the Authority's discretion, a tenant household's failure to meet the
performance standards may be grounds for termination of the lease.
M. PETS- Pets are not allowed on the premises. Exceptions can be made for
small animals, under five pounds, and service animals; however, the
Authority or its representatives must receive a written request for an
exception. A written approval or refusal will be returned to the tenant within
fourteen (14) days of the Authority receiving the exception request. A pet
agreement and fee may be required for the allowance of a pet.
1
:s►.I WAY r .`
Tenant households with at least one member of the household 52 years of age
or older as of August 15, 2005, shall be exempted from the three -to -five year
term of residency requirement provided the tenants comply with all other
provisions contained in these guidelines.
r.[Il 1.1 Mal`iID7_1>•IiNTil I&►_1amIW_iRII`i•LM1614340111.14
Program participants may appeal a proposed program action that may have an
adverse effect upon them by submitting a written request for a hearing to the
Housing Authority. The written request shall include the participating tenant
household's objection, the name and relationship of all potential parties, a list of
Page 11 of 12
documents to be presented, and the tenant household's current address and
telephone number.
The San Juan Capistrano Housing Authority shall appoint a Hearing Officer.
Once a Hearing Officer is appointed, an informal hearing will be scheduled as
soon as possible. The informal hearing shall be conducted in English. Notice of
Informal Hearing will be issued at least ten days prior to the hearing date. The
participating tenant household may bring legal counsel and/or a translator at
participant's expense. The participating tenant household may bring person(s)
to testify and/or documents at the participant's expense. The participating tenant
households may review pertinent file documentation, as long as such
documentation does not infringe on any other party's rights.
Within ten business days following the informal hearing, the Hearing Officer's
official decision will be mailed to the tenant household. The Hearing Officers
decision shall be final.
XII. EXCEPTIONS
No exceptions to these guidelines will be authorized without Housing
Authority approval.
XIII. ACKNOWLEDGMENT AND AGREEMENT
By signing below I acknowledge understanding of all the above program
guidelines and agree to participate within the Little Hollywood Rental
Assistance Program according to the above guidelines.
Household Name -Printed Date
Signature
Page 12 of 12
Date
April 24, 2015
Dear San Juan Capistrano Housing Authority,
We are very blessed and grateful for the Little Hollywood Housing program. Before we were a part of
the program our family was on the verge of losing everything and not being able to afford the housing
that we were in. It has been a struggle since the day we got married. On the day of our wedding,
April 5, 2003, Alexis's father had a heart attack and died on the dance floor at our wedding reception.
Alexis is an only child and had a hard time dealing with her loss. It was also hard on Andrew. Shortly
after we were married, Andrew started going into a depression seeing his wife so overwhelmed.
Alexis was going to school to get a M.A. in Counseling, Psychology Department at Chapman University,
and Andrew was going to school for a B.A. in Sociology at Vanguard University. Unfortunately, Alexis
was unable to continue her Master's program due to getting a C+ in one of her courses — due to her
grieving. She took a year off and graduated with all A's and B's from National University and received
the counselor of the year award for the internship that she completed during graduate school. Both of
us graduated with our degrees.
Unfortunately, Andrew's depression has made it difficult for him to maintain employment and Alexis
had to take all the responsibility onto her shoulders. In 2008, Alexis was blessed to have her dream job
which was working for Social Services, but due to the fall of the economy during her employment with
Social Services she was laid off. Andrew started working and we were expecting our son, Dominic who
we named after Alexis's dad. Alexis was three months pregnant with our son and had a hard time
finding work. Shortly after our son was born, Andrew lost his job too.
In 2010, when our son was 12 months old, Alexis found employment and has been working for the
Orange County Sheriffs Department since August, 2010. Alexis feels blessed to have her job and she
has been employed for the last 5 years. It is a great job with a retirement plan and benefits for both
Alexis and our son, who is now 5 years old. We were having financial difficulties due to the bills that
accumulated during the periods of unemployment. We were unable to pay for rent, bills, and buy
groceries_ Alexis's income alone was the only family income. We had to file for bankruptcy.
Our family has been so blessed to be in the Little Hollywood Housing Program. We thank you
tremendously. Because of the housing program, we have been able to afford rent, bills, and buy healthy
food to eat, live within a set budget, opened a savings account and are re-establishing our credit. We
set short term, interim and long terms plans with the guidance of the program, counselors and
Margaret.
We are in our second year living in the Little Hollywood dousing Program and have been able to reunite
our family under one roof. Andrew continues to work on his depression with a counselor.
Our son has been diagnosed with ADHD. Alexis, being on her own with our son who has ADHD, this past
year has been very stressful and challenging. Now that our family is once again reunited, we are
attending family and marriage counseling and are enrolled in parenting classes. We want to be a
positive role model and have healthy parenting skills as we raise our son.
With the support and assistance received by Margaret McClean we are focused on our family, financial
and career goals. We are moving forward in a positive direction. Alexis's internship is in place and she
this is an important step following her MA in Psychology. She will be working with parents of children
with ADHD.
We have been budgeting and able to deposit money into savings each moth. it has been so long since
we have been able to save money and it feels great. The Little Hollywood Housing program has helped
us to feel more confident and has built up our self-esteem. We now feel, that we can take care of our
son and not have to worry. We are a team and enjoy volunteering at Dominic's school and community
activities!
Although, we still live paycheck to paycheck it is manageable with budgeting. We have also benefited
from the workshops and home visits with Margaret. We don't have a strong family support system and
are grateful for all that the program and Margaret have done for our family. Being a part of the housing
program, our goal is to continue to work on anxiety and stress management, as well as work together so
we can be the best parents that we can be to our son, Dominic. We are also, going to continue working
on our career goals and continue to save money. Someday we would like to purchase a home for our
family and for Alexis's mom to move back from Portugal to live with us.
With the housing program and Margaret's guidance, we can now see that it is possible and have better
careers, improved credit, and a plan to have a future that is balanced with joy and stability. Again, we
would like to thank Margaret and the San Juan Capistrano Housing Authority for the Little Hollywood
Housing program. We are sincerely grateful and feel blessed from the bottom of our hearts. Thank you
for this wonderful opportunity.
Sincerely,
Andrew and Alexis
April 27, 2015
Attn: City of San Juan Capistrano Housing Authority
RE Naphtali LeBlanc & Hailey Peterson W-- Current Little Hollywood Program Residents
Dear City of San Juan Capistrano Housing Authority:
This letter is to express our utmost gratitude for the assistance of the Little Hollywood
Affordable Housing Program and for Margaret McClean.
My name is Naphtali LeBlanc and my daughter Hailey Peterson and I have been residents of the
Little Hollywood Affordable Mousing Program since March of 2013.
Prior to March of 2013 I remained on the application waiting list for almost two years. During
this period of time Margaret McClean answered and accepted all of my calls and voicemails
expressing the difficulties and hardships I was enduring as a single parent prior to this program..
Margaret would take my calls regardless of the day or hour and listen intently trying to offer help
and resources before I was ever accepted into this program.
When I received a call from Margaret expressing that there was going to be an opening available
any heart was already filled with joy. I have been a single mom since 2006 and my daughter
Hailey is now almost 10 years old. She was only a mere 8 months old when I became a single
parent. Hailey's father is a struggling alcoholic and has been in. and out of jail over the last four
years due to alcoholism (DUI's) and domestic violence. During the time that I lived with her
father I too was a victim of domestic violence.
My life had changed dramatically when I made the decision for us to move out from his home. I
was almost half -way completed with my education and stopped attending school when I had my
daughter. I ended up defaulting on all my student loans and was no longer eligible for financial
aid, grants or loans towards school to finish my education. I used the little bit of credit I had to
pay for groceries, diapers, formula etc. and within a few months time after we moved from his
home all my credit cards were maxed out.
By 2008; the little bit of credit I had established was ruined and I was in collections with all. my
credit cards including collections for my student loans. In 2009; I was laid off and my daughter
was then diagnosed with severe asthma. For the last 6 years my daughter Hailey has had health
issues all related to her asthma and allergies. Life just became more complicated due her medical
issues and when I received the call at the end of 2012 from Margaret McClean to be considered
for this housing program, I was very hopeful that this was a long overdue answer to my prayers.
I have Ionged for the opportunity to get back on my feet, restore my credit, put money into
savings, eliminate all of my collection accounts and continue on with my educational goal of
graduating and receiving my bachelor's degrees
When I entered the Little Hollywood housing Program my credit score was only a mere 590
points. To date it has increased 100 points with the help of Orange County Consumer Credit
Counseling and Margaret's helpful advice and recommendations.
I also had over 5 collection accounts referenced on my credit report and to date I am now only
showing 2 accounts in collections (my goal is to have zero collection accounts). I had never
worked on having a savings in place or a savings for my daughter. Since entering the program I
now have 2 savings accounts in place for myself as well as a Kids/Childs savings account for my
daughter, Hailey. Hailey and I contribute money to both our savings accounts each month.
Hailey earns extra money through recycling and bake sales / lemonade stands as well as our
annual community garage sales.
It has been over 2 years since I was accepted into the Little Hollywood. Housing Program and our
lives have already changed drastically. I have been back in school attending Brandman.
University in Irvine working towards my degree in Business Administration since 2014. 1 was
finally able to receive financial aid, qualify for Pell Grants and student loans. The last 3
semesters I have maintained a 4.0 GPA which has been unheard of in all my previous years of
attending college.
During 2014 I also completed the IDEA First Time Homebuyer Program offered through
Neighbor Works of Orange County. I have also attended countless hours of counseling sessions
offered through the program with Virginia Schoenfeld. The counseling has helped me to be able
to work through and find closure from past experiences as well as leam ways of building
healthier relationships.
My daughter flailey has just blossomed and excelled since we began this housing program. She
has been receiving weekly math tutoring through School on Wheels for almost two years now.
Hailey always looks forward to our monthly workshops and insists on participating in any
program requirements including picking up trash in the Los Rios community as an effort to make
it a cleaner environment for us all. Hailey loves history and so appreciates and takes pride in
where we live. She has learned all about the history of Los Rios and the Mission San .Tuan. For
the past two years Hailey has also participated in the Swallows Day Parade.
I cannot express how this program has changed our lives. Both Hailey and myself feel so grateful
and blessed to have been able to receive the help and support of this program as well as all the
help from Margaret McClean.
Margaret has been a tremendous inspiration and motivator over the last several years. She has
provided countless hours of support and feedback. offering so many different resources and
insights to work through all of my personal and financial struggles.
As 1 look back on where we were several years ago I do not know where we would be to date if
it were not for Margaret and the help of this program. Margaret has dedicated so much of her
time and always takes my calls still to this day regardless of the day or hour. Her help and
support has been a true blessing for both Hailey and myself and I cannot say thank you enough
for Margaret and this program..
1 know in my heart that years down. the road I will look back and forever be amazed at all of the
progress I was able to make through the help of the City of San Juan Capistrano and Margaret
McClean. Hailey and l are thankful to call this wonderful little town and city our home and to be
able to be in safe place where I can rebuild my life so that we will have a better quality of life
when it comes time to exit this program.
Thank you again.
Sincerely,
9L,
Naphtali LeBlanc
26604 Mission. St.
San Juan Capistrano 92675
April 27, 2015
To whom it may concern,
I would like to take a moment of your time to speak on behalf of Margaret McClean and the Little
Hollywood San Juan Capistrano Affordable Housing Program. I have always been employed, paid taxes, enrolled in
classes (occasionally due to long work hours and frequent relocations), raised my two wonderful young men
(sons), and volunteered in my communities. nue to frequent moves, my two sons have been enrolled in multiple
school districts and schools within various boundaries of our many relocations. Moreover, after approximately
fifteen or more years of being a single parent, I married a person for less than eighteen months that became
hostile, angry, abusive, controlling, and dangerous for my two sons (my youngest in particular) and myself to
remain, therefore I was able to obtain a divorce. At that time, we found a local library, used their free/public
internet service and searched for shelters (which unfortunately would not allow my two sons because they were
adolescent males), and fortunately was able to apply for San Juan Affordable Housing waiting list.
Margaret McClean taught my two sons and I how to both manage and live within a small budget. She has
been an ongoing mentor, role model, source of support and encouragement, life coach, teacher, advocate, advisor,
intercessor,, nurturer, and instructor. Margaret continues to be instrumental in assisting famifies who struggle to
improve their lives and make a difference in the lives of their families and communities. With focus on saving,
credit and education I now have a credit score of 816, and will be a first time homebuyer this year. In May, 2015,
1 graduate with a MAED with an emphasis in school counseling from Concordia University, Irvine.
I currently work with students at San Clemente High School who have disabilities and my goal is to be a school
counselor for families of children with disabilities.
My family is forever grateful for all of the time, diligence, patience, and caring that Margaret has graciously
offered as a launching pad to a better world.
Kindly,
Mitzi Gorder