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HomeMy WebLinkAbout2008/11/25 Item 8 CITY COUNCIL AGENDA STATEMENT :$Vj~ CITY OF - CHUlA VISTA ITEM TITLE: NOVEMBER 25, 2008, Item ~ PUBLIC HEARING TO CONSIDER: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD ST ABILIZA TION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE NORTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE SOUTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE EAST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 8-1 11/25/08, Item ~ Page 2 of 5 SUBMITTED BY: THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA ALLOCATING $452,936 OF HOME INVESTMENT PARTNERSHIIP ACT (HOME) FUNDS TO THE PILOT HOMEOWNERSHIP PROGRAM FOR REAL ESTATE OWNED PROPERTIES ASSISTANT ~C~ OF REDEVELOPMENT & HOUSING7/ ~ INTERIM CITY MANAGER S / REVIEWED BY: SUMMARY The pwpose of the public hearing is to solicit public input on the proposed amendment to the 2008/2009 HOD Annual Action Plan to allocate new Neighborhood Stabilization Program funds established by Title III of the Housing and Economic Recovery Act of 2008 to various activities and $452,936 of existing prior year HOME entitlement funds to the pilot homeownership program for real estate owned properties. 4/STHS VOTE: YES D NO 0 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Protection Act due to the use of Federal funds, and has determined that the proposed project is deemed exempt under the National Environmental Protection Act (NEP A) Regulations. RECOMMENDATION Council conduct the public hearing and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION The Housing Advisory Commission reviewed the proposed amendments and allocations on November 13,2008 and voted to recommend (5-0) Council adopt the proposed amendment and allocations. DISCUSSION On May 6, 2008, the City Council approved the Fiscal Year 2008/2009 Annual Action Plan (Action Plan) for three Federal Grant Programs and authorized its submittal to the U.S. Department of Housing and Urban Development (HOD). The Action Plan is developed annually using significant public input and describes the City's spending priorities. It serves as the local guide for three of HOD's grant programs [Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant] which support activities to benefit lower income households. 8-2 11125/08, Item ~ Page 3 of 5 In September 2008, HUD notified the City of Chula Vista that in addition to the annual CDBG entitlement, the City is eligible to receive approximately $2.8M in one-time COBG funds through the new Neighborhood Stabilization Program (NSP). The purpose of the NSP program is to assist cities dealing with the negative effects of abandoned and foreclosed properties. In order to receive the grant funds, the City must submit to HUD an amendment to the existing CDBG Annual Action Plan by December I, 2008 identifying how funds will be obligated within an 18 month period. The NSP funds may be used to purchase foreclosed or abandoned homes/properties, rehabilitate, redevelop, resell and/or rent these homes to help stabilize neighboring homes and neighborhoods. The funds may not be used to assist households at risk offoreclosure. In addition, HUD identified targeted responsibilities for state and local governments implementing the NSP. A summary of those responsibilities are listed below: I. Priority emphasis must be placed in targeting the funds to low- and moderate-income areas, and other areas with the greatest need; 2. All funds must serve households less than 120 Percent of Area Median Income (AMI); and 3. Not less than 25 percent of the funds shall be used toward very low mcome individuals or families (incomes that do not exceed 50 percent of area median income). Annual Action Plan The City of Chula Vista's Consolidated 5 Year Plan (adopted May 10, 2005) is a comprehensive planning document which identifies the City's needs in housing, homelessness, and community and economic development. The Annual Action Plan includes the allocation of funds for capital improvements, community enhancement projects, economic development, public services, affordable housing, first-time homebuyer programs and administration! planning activities. Any subsequent changes or revision to the approved Annual Action Plan constitutes a formal amendment to the Plan. Under the NSP the City must fast-track community input by utilizing websites and a streamlined process. In addition to the Housing Advisory Committee meeting on November 13th, staff held public meetings to encourage input on the program, including two general public meetings on October 16th and November 6th and an informational item with the Chula Vista Redevelopment Corporation on November 13th. A 15-day comment period to allow for the public to review the proposed amendment and make comments or suggestions began on November lOth and will end on November 24, 2008. As of the date of this report, there were no comments received. Comments received after the date of this meeting will be incorporated into the amendment. Proposed Amendment The proposed amendment includes the allocation of $2.8M in NSP funds which are to be channeled through the Community Development Block Grant Program. In order to maximize use of the new funds, staff is proposing to allocate an additional $452,936 of 8-3 11/25/08, Item 1- Page 4 of5 prior year HOME funds, totaling $3 million dollars in direct assistance to be used for the purpose of stabilizing the housing crisis in our community. As stated above, HUD has identified a series of criteria to identify those areas of "greatest need" and establishing the most effective mechanisms for "stabilizing" neighborhoods. Staff used a variety of data sources to document existing and predicted foreclosure data as illustrated in the proposed amendment and identified areas of "greatest need" within the City to address HUD's Target Responsibility #1. These target neighborhoods include portions of northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities, as illustrated in Exhibit F of the attached draft 2008/2009 Annual Action Plan Amendment. After review of the eligible uses, identification of the target neighborhoods, and public input, staff has identified those activities that most directly impact and assist declining neighborhoods due to foreclosures, as follows: . Target NSP funds for down payment and closing cost assistance for low- and moderate-income buyers within the target neighborhoods. The City currently administers a Down Payment and Closing Assistance Program funded through the HOME program, limited to assisting households earning no more than 80% of the Area Median Income (AMI). The new NSP program will allow funds to be used by families earning up to 120% of the AMI, addressing HUD's Target Responsibility #2. By allocating additional funds to an established City program the City will be able to assist more families and remove up to 35 foreclosed properties from the market. · Issue a Notice of Funding Availability (NOFA) to assist an organization in the purchase and rehabilitation of foreclosed properties with the purpose of creating permanent rental housing opportunities for residents below 50% of the AMI (residents of this income category have limited disposable income to maintain homeownership). The partners, including but not limited to, Community Housing Development Organizations (CRDO) and/or the Regional Continuum of Care will assist the City in identifying the best method for leveraging NSP funds with other special needs or low income housing funding opportunities. By leveraging NSP funds with HOME funds $IM has been allocated to each income category and thereby has exceeded the HUD requirement to assist very low income residents, with 35% of the NSP funds designated for 50% AMI, addressing HUD's Target Responsibility #3. Following is a summary of the proposed use ofNSP funds: 8-4 11/25/08, Item ~ Page 5 of 5 Administration (10% NSP) Assist partner in the Purchase and Rehabilitation of foreclosed properties for rental housing, including but not limited to Community Housing Development Organizations (CHDO) and/or the Re ional Continuum of Care roviders. Down Payment and Closing Cost Assistance Program to assist in purchase of foreclosed properties (including rehabilitation assistance, marketing, and ro am costs) Program monitonn and $ 283,008 Households at or below 50% of Area Median Income $1,000,000 Households earning at or below 120% of Area Median Income may be eligible for a loan (further described in the attached Action Plan Amendment) $2,000,000 DECISION MAKER CONFLICT . Staff has reviewed the property holdings of the City Council and has found three conflicts exist, in that Councilmembers Castenada, McCann and Rindone have property holdings within 500 feet of the boundaries of the target neighborhoods which are the subject of this action, as follows: . Northwest Target Neighborhood - Castaneda and Rindone . Southwest Target Neighborhood - McCann . East Target Neighborhood - no conflicts FISCAL IMPACT HOME Investment Partnership funds are block grant funds available to the City for affordable housing purposes from the u.S. Department of Housing and Urban Development. Downpayment assistance loans and related administration are an eligible HOME use. Funds totaling $452,936 will be allocated to the existing non-CIP project number for this purpose. By December 1 st the City must submit an Action Plan Amendment to identify the expenditure ofNSP Funding in the amount of$2,830,072. NSP and HOME funds will be brought back for appropriation, once the City is notified that the substantial amendment has been approved by BUD. ATTACHMENT 1. 2008/2009 Draft Annual Action Plan Amendment Prepared by: Angelica Davis, Project Coordinator II, Redevelopment & Housing Jose Dorado, Project Coordinator II, Redevelopment & Housing Stacey Kurz, Senior Project Coordinator, Redevelopment & Housing 8-5 Attachment 1 DRAFT City of Chula Vista Neighborhood Stabilization Program Substantial Amendment (NSP) to the 2008/2009 Annual Action Plan Prepared by: CITY OF CHULA VISTA Redevelopment &Housing Grant Administrators: Angelica Davis, Project Coordinator Jose Dorado, Project Coordinator 276 Fourth Avenue; Chula Vista, CA .91.910 Telephone: (61.9) 6.91-5036 Facsimile: (61.9) 585-56.98 www.cLchula-vista.ca.us TABLE OF CONTENTS A. AREAS OF GREATEST NEED ...................................................................................1 B. DISTRIBUTION AND USES OF FUNDS ............................................................... S C. DEFINITIONS AND DESCRiPTION....................................................................... 7 D. VERY lOW INCOME TARGETING .....................................................................10 E. ACQUISITION AND RELOCATION.................................................................... 10 F. PUBLIC PARTICIPA TION...................................................................................... 10 G. NSP INFORMATION BY ACTIVITY..................................................................... 11 TABLES: 1 - Summary of low- & Moderate Eligible, HUD Risk, Recorded Foreclosures, & RAP 2 - Census Tracts with Greatest Need EXHIBITS: A - Low- and Moderate-Income Eligible Census Tracts B - HUD High Foreclosure Risk Factor C - Recorded Properties in Foreclosure from 6/1/08 to 9/30/08 D - Properties Registered in Chula Vista Abandoned Residential Properties Program as of 10/15/08 E - Census Tracts with High Risk and Foreclosures F - Target Neighborhoods G - Northwest Target Neighborhood H - Southwest Target Neighborhood I - East Target Neighborhood 8-7 First Amendment to the 2008/2009 Annual Action Plan for Implementation of the Neighborhood Stabilization Program A. AREAS OF GREATEST NEED Introduction Chula Vista is the second largest municipality in the County of San Diego metropolitan statistical area (MSA, also known as "San Diego-Carlsbad-San Marcos"), with an estimated population of 231,305 residents (based on San Diego Association of Governments). The City covers approximately 50 square miles along the San Diego Bay and is surrounded by National City, the City of San Diego, and the unincorporated areas of the County. Two major north-south freeways, Interstate 5 and Interstate 805 traverse Chula Vista. The area west of the 1-805 "western Chula Vista" is built up and includes redevelopment areas. The "eastern area" is comprised of several master-planned communities in various stages of approval and implementation. Foreclosure Process California California is a non-judicial foreclosure state. The foreclosure process begins with a recorded Notice of Default (NOD), which is a public notification that the borrower has fallen behind in the monthly mortgage payments. If the default is not cured, or the loan renegotiated or replaced, the NOD is followed by a Notice of Trustee's Sales (NOTS/NDS) after a minimum of three months. The actual Trustee's Sale can not occur less than 20 days after public notice. The Trustee's Sale is a public auction, at which anyone may place a bid, including the lender and any junior lien holders. The foreclosure process may be stopped if the default is cured 5 days in advance of the sale date. If no one bids, and the foreclosure process was not stopped, title (ownership) of the property reverts to the lender as REO property (Real Estate Owned property). The typical foreclosure process takes at least 117 days in California. In Chula Vista within the past four months (from June 1,2008 through September 30, 2008) there were a total of 935 properties taken all the way through the foreclosure process. Housing and Economic Recovery Act of 2008 (HERA) The HERA statue indicates that a grantee should give priority emphasis in targeting the funds that they receive to "those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those- (A) with the greatest percentage of home foreclosures; (B) with the highest percentage of homes financed by a subprime Mortgage related loans; and (C) identified by the State or unit of general local government as likely to face a significant rise in the rate of home foreclosures." In order to determine the impacted areas, or Target Neighborhoods, a variety of data sources were reviewed. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page1of14 8-8 Low- and Moderate-Income Eligible Census Tracts The City of Chula Vista began its needs assessment by identifying the census tract block groups in the City with income levels at or below 120 percent of the Area Median Income (AMI). For purposes of this Amendment, the low, moderate, and middle-income areas will be noted as "LMMI". This data was provided by the U.S. Department of Housing and Urban Development (HUD) and this data can be found on the HUD website at the following web address: http://www.huduser.org/publications/commdevl/nsp targethtml. There are a total of 51 census tract block groups in the City and 32 of them are qualified LMMI areas (81-120% AMI), asillustrated in Exhibit A. Exhibit A further delineates those areas that are eligible under annual CDBG allocations at 80% of the area median income and below. HUD High Foreclosure Risk Areas Foreclosures have occurred through the City of Chula Vista, but are concentrated in certain areas. HUD has compiled a set of data that include the following: . Area of unemployment rate; . Area average housing sales price decline (since the peak of the market); . High cost loan rate (mortgages with interest-only payment options, stated income mortgages, mortgages with high loan to ratios, etc.); . The predicted 18 month underlying foreclosure rate; and . Housing units that have been vacant for at least 90 days. The data is made available at the Census Tract Block Group (CTBG) level for the entire country. The data for Chula Vista was evaluated and a 10-step priority ranking for those CTBGs most at risk of becoming blighted due to large numbers of vacant, foreclosed units was developed. Using the high cost loan rate and predicted 18-month underlying foreclosure rates as key indicators for Chula Vista, the standard deviation was calculated for the high cost loan rates. The standard deviation was then used as the threshold between rank order numbers. A visual representation of these impacts is shown as Exhibit Band summarized by census tract in Table 1. Properties in Foreclosure In order to establish those areas with the highest number of properties in the foreclosure process, Chicago Title data was used to establish the number and locations of Notice of Defaults (NOD), Trustee Sales (NDS), and Real-Estate Owned (REO) properties as recorded from the period of June 1, 2008 to September 30, 2008. These impacts are illustrated in Exhibit C and summarized by census tract in Table 1. Abandoned Residential Property In August 2007, the City of Chula Vista adopted an Ordinance which requires mortgage lenders to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the program requires that the lender exercise the abandonment clause within their mortgage contract, register the property with the City and immediately begin to secure and maintain the property to the neighborhood standard. A visual representation of properties that were registered in the Abandoned Residential Property Program as of October 15,2008 is shown as Exhibit D and summarized by census tract in Table 1. DRAFT 200812009 Action Plan Amendment (NSP) Narrative Page 2 of 14 8-9 TABLE 1 Summary of Low- & Moderate Eligible, HUD Risk, Recorded Foreclosures, & RAP Low-& HUD NY.:e ':]; C,;,e::,:::::2':l Mod- ~ ~ ~ NOD+NSD RAP - Census Tract Eligible Risk :::~-: f:; >-;:;3 -,'J,:)5<-:::':: +REO Cases ILMMIJ''' Scare ,~IC:::;J - 1\50) REO 12302 Y 5 2 3 5 10 2 12303 Y 6 9 8 9 26 12 12304 Y 6 6 5 3 14 11 12401 Y 5 4 0 4 8 5 Y 12 5 11 28 8 Y 19 4 5 28 10 Y 21 12 10 43 17 Y 13 6 8 27 10 12800 Y 6 11 5 11 27 12 12900 Y 6 11 7 11 29 15 13000 Y 5 17 10 7 34 12 13102 Y 6 18 8 13 39 15 13103 Y 5 3 3 0 6 4 13104 Y 6- 10 8 8 26 6 13203 Y 6 7 5 4 16 5 ,... Y * 4 2 1 7 4 Y 9 5 0 14 5 Y 9 3 8 20 12 13301 Y 29 10 19 58 22 13302 Y I 20 8 13 41 20 Y 28 16 17 61 22 Y 18 12 27 57 27 Y 11 13 15 39 15 Y 31 14 31 76 38 Y 6 35 24 41 43 Y 6 182 114 171 N 6 55 29 " 41 "' --, y 15 10 16 41 22 Y 6 244 130 188 13401 N 6 18 12 16 46 16 13409 Y 3 22 11 10 43 17 13410 N 6 41 15 24 80 27 13411 N 5 5 13412 N 5 8 6 9 23 13 13413 Y 5 32 "^ 26 73 20 ,~ 13414 N 4 35 13 24 72 27 13415 Y 5 8 5 2 15 3 13416 Y 5 6 3 9 18 5 13417 N 4+t 7 10 7 24 2 Y "" 38 21 50 Y 6 66 35 51 21303 N 5 25 19 12 56 24 . - , Census Tracts Identified as eligible If any block group Wlthln the tract was LMMI. DRAFT 2008/2009 Action Plan Amendment INSPl Narrative Page 3 of 14 8-10 Target Neighborhoods - Areas of Greatest Need Based on the data collected above, those census tracts that had the highest risk and foreclosures were identified, as illustrated in Exhibit E and Table 2. They included one or more of the following criteria: . HU D Risk score of 7 or higher; . 100 or more recorded properties in foreclosure; and/or . 50 or more properties registered in Abandoned Residential Properties program. Table 2 Census Tracts with Greatest Need 12402 Y 12 5 11 28 12500 Y 19 4 5 28 12600 y 21 12 10 43 12700 Y 13 6 8 27 13205 y 9 5 0 14 13206 Y 9 3 8 20 13303 y 28 16 17 61 13306 y 18 12 27 57 13307 y 11 13 15 39 13308 Y 31 14 31 76 13309 y 35 24 41 13310 Y 182 114 171 13311 N 55 29 37 13312 Y 15 10 16 13313 Y 244 130 188 13418 Y 38 21 50 13419 y 66 35 51 Since funding is limited, further analysis of the identified census tracts was required in order to determine which should be included as Target Neighborhoods, in order to impact specific communities within the City. Census tracts 12500 and 12600 are largely occupied by the undeveloped Bayfrant with little residential property and were therefore excluded. In addition, census tracts 13205 and 13206 are located along primarily industrial corridors with little residential property. Tracts 13309 and 13312 were also excluded in order to more directly target the southwest neighborhood west of Interstate 805 (1-805). Finally census tracts 13311 and 13419 was excluded due to a high cost of houses in that area and in order to focus funds more directly at the older section of Eastlake and Otay Ranch where higher foreclosure rates exist. The resulting focus areas are as follows, and depicted in Exhibits F - I: 1. Northwest Target Neighborhood - consisting of census tracts 12402 and 12700; 2. Southwest Target Neighborhood - consisting of census tracts 13303, 13306, 13307, and the residential portion of tract 13308; and 3. Eastern Target Neighborhood - consisting of census tracts 13418 and portions of tracts 1 3310 and 13 311 . DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 4 of 14 8-11 B. DISTRIBUTION AND USES OF FUNDS NSP Eligible Uses and Activities Some of the eligible uses for the funds include but are not limited to: . Financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties (e.g. 50ft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers); . Purchase and rehabilitation of homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties; . Establishing land banks for homes that have been foreclosed upon; and . Demolition of blighted structures. Ineligible Activities In general NSP activities mirror eligibility requirements under CDBG. In addition, NSP funds cannot be used for foreclosure prevention, demolition of non-blighted structures, or purchase of properties not abandoned or foreclosed upon. Chula Vista Selected NSP Uses and Activities The City of Chula Vista has identified the selected NSP eligible uses and activities in the table below. The funds will be used in two primary activities, plus administration: Activity Targeted Uses Eligible Activities Assist a partner in the Purchase & Rehabilitation of abandoned or foreclosed properties for permanent rental housing, . Acquisition including but not limited to, Households at or . Disposition Community Housing below 50% of Area Relocation Development Organizations Median Income . (CHDO), members of the San . Rehabi I itation Diego Regional Continuum of Care Council, and/or affordable housing develooer Households earning Establish financing mechanisms up to 120% of Area . Acquisition for acquisition of abandoned or Median Income may . Rehabilitation foreclosed properties- Shared be eligible for a DCCA . Appraisals Equity Down Payment and at the subsidy levels Closing Cost Assistance Program described in the . Program Delivery (DCCA) Financing Mechanisms . Housing Counseling Section of this report Funding for the down payment and closing cost assistance will be prioritized to those areas of greatest need, Target Neighborhoods, as identified above. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page50f14 8-12 Funding Breakdown The City of Chula Vista will receive $2,830,072 in NSP funding. The City plans to use 55% of this funding as a financing mechanism to assist persons at or below 120% of area median income and 35% of the funding for acquisition/rehabilitation of abandoned/foreclosed properties to assist persons at or below 50% of area median income. The remaining 10% or $283,007 will be used for administration. Note that it may be necessary to shift funding from one eligible use to another in order to meet the expenditure deadlines. However, as required by the NSP, the percentage of Administration funding will not exceed 10% of the allocation and at least 25% will be used for eligible activities to benefit persons or households at or below 50% of the area median income. An illustration of the distribution and summary of each activity follows. Distribution of Chula Vista NSP Funding Adrrinistration 10% or $283.007 DCCA to < 120% AM 55% or $1,547,065 Fl.Jrchase & Rehabilitation for Rentai to < 50% AMI 35% or $1,000,000 Financin~ Mechanism (DCCA) (Section 2301 (c)(3)(A)) The City plans to use 55% or $1,547,065 of this funding as a financing mechanism [Shared Equity: Down Payment and Closing Cost Assistance (DCCAl] to assist persons at or below 120% of area median income to acquire foreclosed or abandoned residential properties. Priority will be given to first-time homebuyers that are purchasing within the Targeted Neighborhoods and will closely mirror the City's existing program guidelines for the Shared Equity: Down Payment and Closing Cost Assistance Program, by providing gap financing, as follows: . Homebuyers with household incomes that do not exceed 120% of area median income may borrow up to $40,000. . Homebuyers with household incomes that do not exceed 80% of area median income may borrow up to $70,000. . Up to $24,999 of the total funds ($40,000 or $70,000) can be used towards home repair and rehabilitation. In addition to the NSP funds, the City may allocate additional HOME Investment Partnership entitlement funds towards down payment assistance for persons at or below 80% AMI towards Down Payment and Closing Cost Assistance of REO (i.e. bank owned) properties. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 6 of 14 8-13 Acquisition/Rehabilitation & Rental for Very Low Income Tenants (Section 2301 (i)(3)(A)(ii)) There is a very low income set aside provision in HERA where at least 25% of the NSP funds must be utilized for the benefit of families at or below 50% area median income. The City has exceeded this requirement by identifying 35% or $1,000,000 of the NSP funding to acquire/rehabilitate single units or multi-family units in partnership with an organization to provide permanent rental housing. The City will issue a Notice of Funding Availability (NOFA) to partner with such organizations, including but not limited to: Community Housing Development Organizations (CHDOs); participating members of the San Diego Regional Continuum of Care Council; and/or an affordable housing developer. Pre-Award Costs and Administration The City may incur pre-award costs in compliance with 24 CFR Part 570.200(h). Permissible costs incurred as of September 29, 2008 for items such as development of the Action Plan amendment and other administrative actions necessary to receive the NSP grant funds from HUD. In addition, post-award cost will be used for Administration and Management of NSP funds. C. DEFINITIONS AND DESCRIPTION Affordable Rents: For the purposes of NSP funds, 'affordable rents" shall be defined using the LOW HOME Program Rent definition for persons below 50% of area median income, which includes a breakdown of 30% and 50% of area median income. At no time shall the rent exceed HUD's Fair Market Rent. The guidelines used for the determination of affordable rents under the HOME program are fou nd at hnp://www.hud.gov/offices/cpd/affordablehou5Ing/ progr ams/ho me/ Area Income Limits: The table contains income limits for extremely low, very low, low and moderate income, as adjusted for family size and other factors adopted and amended from time to time by the U.S. Department of Housing and Urban Development. 44,250.00 27,650.00 $16,600.00 $50,550.00 $31.600.00 $18,950.00 $56,900.00 $35,550.00 $2l.350.00 $63,200.00 $39,500.00 23.700.00 $68,250.00 $42,650.00 $25,600.00 $73,300.00 $45,800.00 27,500.00 78,350.00 $49,000.00 $29.400.00 $114,200.00 $83.400.00 $52,150.00 $31.300.00 (11 U.s. Department of Housing and Urban Development, effective February 2008 DRAFT 2008/2009 Adion Plan Amendment (NSP) Narrative Page7of14 8-14 Blight: California Health & Safety Code Section 33030 defines "blighted area" as one that is: 1. Predominately urbanized; 2. Underutilized to the extent that is constitutes a serious physical and economic burden on the community; and 3. Characterized by one or more physical or economic conditions as described and set forth in Section 33031 to follow a. This subdivision describes physical conditions that cause blight: i. Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. II. Factors that prevent or substantiafly hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. III. Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area. 4. The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. a. This subdivision describes economic conditions that cause blight: i. Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459). ii. Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. iii. A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. iv. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults that has led to problems of public safety and welfare. v. A high crime rate that constitutes a serious threat to the public safety and welfare. Continued Affordability: For homebuyers, the City will use the standards of its HOME Down Payment and Closing Cost Assistance Program where homebuyers repay the loan upon transfer, sale or refinancing of the home. Such covenants are recorded against the property. For rental the City will ensure the entire period of affordability through monitoring, following the specific HOME monitoring requirements as defined in 24 CFR Part 92. Rehabilitation Standards: For NSP related rehabilitation efforts, the City of Chula Vista will utilize the existing Community Housing Improvement Program (CHIP) Rehabilitation Standards. The CHIP Rehabilitation Standards are used to prioritize work items when determining the final scope of work. Priorities include: DRAFT 2008/2009 Action Plan Amendment (N5P) Narrative Page8of14 8-15 1. First priority is the elimination of California Health/Safety hazards and code violations. This may include the following major systems or building components: a. Structural: foundations, footings, chimneys, framing, siding, subfloors, roof diaphragm, retaining walls, ete. b. Plumbing: drain, waste, and vent systems, hot and cold water pipes, drainage systems, plumbing fixtures, bathtubs, sinks, toilets, hot water heaters, ete. e. Mechanical: heating and air conditioning to include any built-in, floor, central, wall gas or electric unit. d. Electrical: safe adequate wiring, service panel/amperage for modern conveniences, service entrance, receptacles and, interior/exterior lighting. e. Interior/Exterior building components: floor coverings, ranges/refrigerators, garbage disposal, kitchen cabinets, counter tops, vanities, drywall, painting, doors, windows, weatherization, smoke alarms, security bars, hazardous building construction materials, concrete work and fencing etc. f. Required Lead-Based Paint remediation. 2. Second priority is the elimination of potential violations. These work items would include all of the work mentioned above that are not code violations today, but will become violations at some time in the near future (two years or less). Examples i ncl ude: a. A roof covering that has reached its life expectancy, but shows no sign of leaking. b. Floor covering that is excessively worn and in a reasonably short period of time will no longer be effective for the intended use. e. Kitchen counter tops, appliances, bath vanities or tub surrounds which show pitted or worn surfaces but are not bad enough to classify as a code violation. d. Paint that is aged near its useful life expectancy but remains a washable surface and provides adequate water and weather protection. 3. Third priority is energy and/or water conservation improvements. These conservation improvements or repairs include insulation, water saving toilets or other fixture, energy-efficient appl iances, water heaters and xeriscope yard improvements. 4. Fourth priority is general property improvements. General property improvements are those items which cannot be classified in the first three categories but by their inclusion enhance the exterior or interior appearance of the dwelling or occupancy of the inhabitants. For the most part, general property improvements are limited to funding sources that allow them. In all cases the work must be justified. "Luxury" items are not allowed. Some examples of general property improvements are: a. Dishwashers (dishwashers may be a higher priority depending on circumstances i.e., medical needs or replacement of an existing non-functioning unit). b. Upgrading floor covering that may not be a safety or incipient violation. e. Upgrading of obsolete kitchen cabinets that are in good to fair condition. Individual rehabilitation programs administered by the City may forbid the installation or repair of certain items. It is the responsibility of the City CHIP Committee to know and understand program regulations and make decisions accordingly. In addition, a Code Enforcement Officer will be on the Committee to DRAFT 2008/2009 Action Plan Amendment (NSPI Narrative Page9of14 8-16 insure that corrective items that are in violation of the City of Chula Vista's building codes/ordinances as well as the Uniform Building Code, National Electric Code, Uniform Plumbing Code and the Uniform Housing Code are corrected. Termite Repairs - a Termite Inspection Report is required and is prepared for every home by a liCensed inspector. The report should identify any termite or dry rot damaged wood members in the home as well as whether or not there are any active termite infestations in the home. Any termite or dry rot damaged wood members in the home are required to be replaced or repaired due to the health and safety risk they pose to the structural integrity of the home. Fumigation or other treatments recommended to eliminate any active termite infestations are required. Ineli!<ible Items - There are specific items that mayor may not be allowed as eligible work and are determined by need, circumstances and individual program parameters. These items include: 1. Room Additions 2. Patio Covers and Slabs (replacement only unless existing conditions can be documented/justified and authorized by the CHIP Committee) 3. Landscaping (except in the case of xeriscope yard improvements) 4. Garages and Carports S. Window Coverings The following items are ineligible under most programs offered by the City: 1. Luxury materials, appliances, etc. 2. Replacement of items in "like new" condition early in to normal life expectancy 3. Mirrored closet doors 4. Greenhouses 5. Animal kennels!cages/runs 6. Swimming pools 7. Saunas/spas/sunken tubs 8. Outdoor fireplaces/barbecues 9. Trash compactors 10. Tennis courts 11. Wet bars 12. Security systems D. VERY LOW INCOME TARGETING The City ofChula Vista will allocate $1,000,000 of NSP funds for the purpose of purchasing and rehabilitating abandoned or foreclosed upon homes or residential properties for rental housing for individuals or families whose incomes do not exceed 50% of the San Diego area median income. The amount of NSP funds allocated to this activity represents 35% of the entire NSP funds, exceeding the required amount by 25%. E. ACQUISITION AND RELOCATION HUD requires that grantees indicate if they intend to demolish or convert low- and moderate-income dwelling units. The City of Chula Vista does not intend to conduct these activities. F. PUBLIC PARTICIPATION HU D requires that a summary of public comments received to the proposed NSP Substantial Amendment be included in the final document submitted and that a 15-day DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 10 of 14 8-17 public review period be provided. Any comments received and responses to those comments will be included in the final substantial amendment submitted to HUD on December 1, 2008. The City of Chula Vista established a web page dedicated to the NSP to advertise upcoming meetings and provide general information to the public. A summary of additional opportunities for public input follows: 1. Public Meetings: The following properly noticed public meetings were held to obtain public input on the proposed uses for the NSP funds: . Public Meeting: October 16, 2008 . Public Meeting: November 6, 2008 . Chula Vista Redevelopment Corporation: November 13, 2008 . Housing Advisory Committee: November 13, 2008 . City Council Public Hearing: November 18, 2008 2. Public Review Period: A fifteen-day public comment period was held from November 10 through November 24, 2008. Copies of the draft Action Plan Amendment were made available to the public at the office of Redevelopment and Housing office as well as the departmental website. 3. Public Comments Received: (To be included after the end of the public comment period and final Amendment). . G. NSP INFORMATION BY ACTIVITY The City will utilize NSP funds for Activities 1,2 and 3, as follows: ACTIVITY NSP-1 1. Activity Name: Partner with organization to acquire and rehabilitate foreclosed or abandoned properties for purpose of renting to persons at or below 50% AMI. 2. Activity Type: This NSP activity provides for the purchase and rehabilitation of home and residential properties that have been abandoned or foreclosed upon in order to rent such homes and properties. The CDBC eligible activities planned to be undertaken for this program include: . Acquisition, 24 CFR 570.201 (a) . Disposition, 24 CFR 570.201 (b) . Relocation, 24 CFR 570.201 (i) . Eligible rehabilitation and preservation activities for homes and other residential properties, 24 CFR 570.202 (a)(1 )(b)(l )(2)(4)(5)(6)(7)(iv)(9)(ii) 3. CDBG National Objective: Very Low Income residents at or below 50% AMI. 4. Activity Description: This NSP activity provides for the purchase and rehabilitation of residential and multi-family properties that have been abandoned or foreclosed upon in order to rent such homes and properties to low income families in accordance with NSP regulations. The City intends to issue a Notice of Funding Availability (NOFA) to partner not limited to a Community Housing Development Organization (CHDO) and/or a participating member of the San Diego Regional Continuum of Care Council to identify and purchase such properties while leveraging other available funding for rental housing. The purchase price must be priced at a discount consistent and appraised in accordance with HUD NSP requirements. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 11 of 14 8-18 5. Location Description: Program will be city-wide with priority given to the census tracts containing the highest existing and predicted foreclosure rates, based on data collected in Exhibits A-E. These have been designated as neighborhoods of high risk and include census tracts: 12402, 12700, 13303, 13306, 13307, 13418 and portions of tracts 13308, 13310, and 13311, detailed in Exhibits "G-I" attached. 6. Performance Measures: Number of rental units created, minimum of 4-6. 7. Total Budget: $1,000,000 8. Responsible Organization: City of ChuJa Vista, Redevelopment & Housing; 276 Fourth Avenue, Chula Vista, California 91910; contact: Amanda Mills, Manager Redevelopment & Housing, (619) 409-5948 9. Projected Start Date: January 1, 2009 10. Projected End Date: January 1, 2013 11 . Specific Activity Requi rements: For acquisition activities, include: . Discount rate - Fifteen percent (15%) For financing activities, include: . Range of interest rates - 3% deferred, secured by deed of trust For housing related activities, include: . Tenure of beneficiaries-rental or homeownership - Rental . Duration or term of assistance - Minimum fifteen (15) year afford ability period . A description of how the design of the activity will ensure continued affordability- Continued affordability ensured by recorded covenants, a minimum 15-year affordability term ACTIVITY NSP-2 1. Activity Name: Shared Equity: Down-Payment and Closing Cost Assistance Program 2. Activity Type: This NSP activity provides financing mechanisms for purchase and rehabi I itation of f vacant foreclosed homes and residential properties. The CDBG eligible activities planned to be undertaken for this program include: . Direct homeownership assistance, 24 CFR 570.201 (n)(1 )(2)(3)(4)(5) . Eligible rehabilitation and preservation activities for homes and other residential properties, 24 CFR 570.202 (a)(1 )(b)(1 )(2)(4)(5)(6)(7)(iv)(9)(ii) . Housing Counseling for those seeking to take part in the program, 24 CFR 570.201 (e) 3. CDBG National Objective: LMMH (Low and Moderate-Income Households) 4. Activity Description: Down Payment and Closing Cost Assistance will be provided to eligible homebuyers at or below 120% of the area median income, through homebuyer and housing rehabilitation assistance to stabilize communities within the City of Chula Vista that have the greatest need as discussed and identified under .Section A, Areas of Greatest Need. The City plans to use 55 % or $1,547,065 of this funding as a financing mechanism (Down Payment and Closing Cost Assistance) to assist persons at or below 120% of area median income to acquire foreclosed or abandoned residential properties. Priority will be given to first-time homebuyers that are purchasing within the Targeted Neighborhoods and will closely mirror the City's existing program guidelines for the Shared Equity: Down Payment and Closing Cost Assistance Program, by providing gap financing, as follows: . Homebuyers with household incomes that do not exceed 120% of area median income may borrow up to $40,000. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 12 of 14 8-19 . Homebuyers with household incomes that do not exceed 80% of area median income may borrow. up to $70,000. . Up to $24,999 of the total funds ($40,000 or $70,000) can be used towards home repair and rehabilitation. The Share Equity Down Payment and Closing Cost Assistance Program (DCCA) provides assistance to el igible homebuyers through homebuyer and housing rehabilitation assistance to stabilize communities within the City of Chula Vista that have the greatest need as discussed and identified on pages 1-3. Specifically, the DCCA program has been designed to meet the needs of homebuyers with very low, low, and moderate incomes who are unable to qualify for a mortgage and/or obtain the necessary down payment without gap financing. The home can be a single family residence, condominium, or townhouse dwelling. The home must be vacant and foreclosed upon or abandoned pursuant to NSP program guidelines, and must be used as the principal residence of the homebuyer. Priority is given to eligible homebuyers that are purchasing homes in specific target areas within the City Of Chula Vista. This program will provide secured loans as follows: a. The homebuyer's purchase price must be at least 5% (pursuant to HU D's NSP program guidelines) below the current market appraised value of the property pursuant to an appraisal dated within 60 days of the offer to purchase. The appraisal must conform to the requirements of 49 CFR 24.103. All eligible homebuyers must attend and complete at least 8 hours of homebuyer counseling from a HUD-approved housing counseling agency before obtaining a DCCA program loan. Priority will be provided to eligible fir~t time homebuyers with household incomes that do not exceed middle-income (120% of area median income). The value of the home may not exceed the City's HOME maximum purchase price. All loans will have no interest and will be secured by a Second Deed of Trust that is second in priority after the first Deed of Trust. All repayments to the City are deferred until sale, transfer, refinancing or fu II repayment of the first mortgage. I n order to meet the N S P statutory deadlines to expedite commitment and expenditure of program funds, the City's existing DCCA program will be updated to reflect the NSP program requirements. The City DCCA program will include affirmative marketing, environmental clearance, compliance with the City's rehabilitation requirements and inspedion standards, and lead-based paint requirements found in 24 CFR Part 35. [The City's NSP DCCA Program has also been designed to provide the homebuyers with housing rehabilitation assistance on an as needed basis. Eligible homebuyers may receive up to $24,999 for rehabilitation. However, this will reduce the amount available for total DCCA Assistance ($70,000 or $40,000)]. b. After completion of the purchase, the rehabilitation program assistance must be used to make the home to a decent, safe, and habitable condition in accordance with the DCCA property standards. 5. location Description: Program will be city-wide with priority given to the census tracts containing the highest existing and predicted foreclosure rates, based on data collected in Exhibits A-E. These have been designated as neighborhoods of high risk and include census tracts: 12402, 12700, 13303, 13306, 13307, 13418 and portions of tracts 13308, 13310, and 13311, detailed in Exhibits "G-I" attached. 6. Performance Measures: Assist homebuyers purchase and rehabilitate 22-38 properties, dependant on levels of gap financing assis.tance. DRAFT 2008/2009 Action Plan Amendment (NSP) Narrative Page 1 3 of 14 8-20 7. Total Budget: $1,547,065 8. Responsible Organization: City of Chula Vista, Redevelopment & Housing; 276 Fourth Avenue, Chula Vista, California 91910; contact: Amanda Mills, Manager Redevelopment & Housing, (619) 409-5948 9. Projected Start Date: January 1, 2009 10. Projected End Date: january 1,2013 11. Specific Activity Requirements: For acquisition activities, include: . Discount rate - Minimum of 5% and/or consistent with HUD NSP requirements For financing activities, include: . Range of interest rates - Zero percent (0%) interest deferred payment loan. Housing related activities: . Tenure of beneficiaries-rental or homeownership - Homeownership . Duration or term of assistance - Minimum fifteen (15) year affordability period . A description of how the design of the activity will ensure continued affordabil ity - Continued affordability of the recapture option ensured by recorded covenants. ACTIVITY NSP-3 1. Activity Name: Administration of the Neighborhood and Stabilization Program 2. Activity Type: Planning and Administration (CDBG 24 CFR570.206) 3. CDBG National Objective: Planning and administration activities are exempt from national objective requirement. 4. Activity Description: Administration funds will.be utilized for staff costs associated with the management and administration of Chula Vista's NSP program, including planning, regulatory compliance (i.e underwriting loans, monitoring, inspections, etc.), contract administration, and fiscal management. 5. location Description: The City of Chula Vista Department of Redevelopment and Housing will be the lead on this program. 276 Fourth Avenue, Chula Vista, CA 91910. 6. Performance Measures: Administration activities are exempt from this requirement. 7. Total Budget: $283,000 8. Responsible Organization: City of Chula Vista, Redevelopment and Housing will be the lead on this program with the following persons as administrators: o Angelica Davis, Project Coordinator (619) 691-5036, adavis@ci.chula-vista.ca.us o Jose Dorado, Project Coordinator (619) 476-5375, jdorado@ci.chula-vista.ca.us o Stacey Kurz, Senior Project Coordinator (619) 585-5609, skurz@ci.chula-vista.ca.us 9. Projected Start Date: january 1, 2009 10. Projected End Date: january 1, 2013 11. Specific Activity Requirements: Not Applicable DRAFT 2008/2009 Action Plan Amendment INSP) Narrative Page 14 of 14 8-21 EXHIBIT A Low- and Moderate-Income Eligible Census Tracts // / ) I W l- e::( 0::)- WI- QI-I 0;::: ~lXl -1-1 ==~ 0...1 ...IW /, / - /z:,' 'f j,/" ,; p. .;.;1 . '// , :0'-; ;0-/' \ ), --I '\, ,-J f/ }) c I . '" l::~ 0 oJ '5: . .,- ". 1: 'j; 0 ~ <5 ~ 'l' '" ~ 0: :& ~ ;; S- o: 0 o 8 N ;; ~ ~ 0 . " .. . " . El 0; w w ~D >- ... :l a; G - ..J OJ 8 \& :;: ~ 3 ~.~ -: ~s ~ ~:r:: : '"'t1 ~ . ~ ~ - . '" " DRAFT 2008/2009 Action Plan Amendment (NSP) Exhibit A 8-22 EXHIBIT B HUD High Foreclosure Risk Factor DRAFT 2008/2009 Action Plan Amendment (NSP) ExhibitB 8-23 e . .. ~ . <.~ N " = II ~ 0 ~ '" II Vl ~ a: ^.'? ~~ . ;: 0 .~ ...~ ; ;:~ ~ . -Ii ~ '" ~ " ." ~ :it '" .. ~ i o '" " !e ~ I o 9- 0: o o .: N " .- ~ o o i5 . ;; ~ D EXHIBIT C Recorded Properties in Foreclosure from 6/1/08 to 9/30/08 c ~ ~ s ~~ ~ N i ~ 0 ,..' ~ 0 ~ ~ r; :I: N .. .. ~ ~ JO * ~ 0 0: ( \ j \~-- f) !. ) ~ ~ ;: ~ .. o . ;; . u D ~ ~ . " 'E 0 ~ e ~ = ~ ~ F . 0 . ~,~ ~ ;: ~ ;; ~:c; ~-t .. ~ ~ . " . '" DRAFT 2008/2009 Action Plan Amendment (NSP) Exhibit C 8-24 EXHIBIT D Properties Registered in Chula Vista Abandoned Residential Properties Program as of 10/15/08 C E . ID ] ~ r~ l< " g;. ~ ... ~ 0 ~ "(5 ~ 'l: N -' ~ ~ " B . , ~ 0 " 1 I ../ ( ", ~ ,_J fF ) ~ . ~ ~ o . . . u D * v l< " . o~ < - = ~ ~~ - E- : ~il ~ -S: - . " ~ i - '" DRAFT 2008/2009 Action Plan Amendment (NSP) Exhibit D 8-25 ~o ::'.): [~ t>1N o o CO ~ N o o CO )- :4 0' => ." ., => )- 3 '" => 0- 3 '" '" co I '" en z '" ::!l ~ / CENSUS TRACTS WITH HIGHEST RISK AND FORECLOSURES \ J---) 1''"' "'- '''''"."..,...""s....(} Redevelopment SW &HolIsJng Hlghl~lted CenslIs Trocts hiWe D Cellsus li'ac.t 2000 one flf more of Ule foUowh)g: . t-RJDR15kswreof7orhlgh€'f . 100 or more recorded IlfOper~s h fore(hsue . 50 01' Illore properties regl9rered In RAP plogr<lm o o 1.25 ..."" 2.5 P :\pro Jeds\REr€V&liSG\lov.Mod\MClI'\R Iskforedosure.mxd n II> '" '" c: '" -; ~ ~ t'l .... '" ~ ;;: ::r :I: OQ ::r ;>:l 0;' ^ ~ '" c.. "TI o rD ~ !:2.J: o - ~ ~ ~ -; '" m EXHIBIT F Target Neighborhoods c " " ~ " g :> ~ ~ ~ ~ o '" " ::e '" iO ~ l!i .It ~ 6: ~ j!:~ N o ::J: ~ 1-1:::.:::: ::J:V) ::J:I-I ",..a: .--:;.- ~Q-<~ :> Z ~ ,I V)< --v-.., I- "--s ULLl <a: a:=> I-V) o V)...I => U. V)LLI Za: LLlO Uu.. J ~ ." Ii !! ,. S ~ ~ B D , . R u Z ~ ~ ~ . 0 . . ~ . II ~ o . " ~ ~ " <;,;~ . ~ ~ - "c .~ B c - 1 . '" DRAFT 2008/2009 Action Plan Amendment (NSP) Exhibit F 8-27 EXHIBIT G Northwest Target Neighborhood :a\ ,. \ ~:;~~.::\ r-'\\ \~ '. \\ " \ \\ ___.i;~~:":-:, 1260b \ \\ \ \\ CITY Qr CUlJL.\ VJsr^^ RedevelopmentV &Housing ... TargetNe~fhoeid North D Census Tract 2000 I ! Parc:eI6lmldary >-<. ; ',.~. . ,.-~ ""'" 0 0 1100 2200 P; \Projed:s\REDEY&HSG\lov.t4od\Map\ TdrgetNorth.mxd DRAFT 2008/2009 Action Plan Amendment INSP) Exhibit G 8-28 EXHIBIT H Southwest Target Neighborhood ;'~i:;!\ - :...,g-....~'.;:..-:"..."':>;,. ~;-;:',', c:' 'ii , , r-", , ' --- 001 m~:::~~::::~:~ &Housing IiiIWget Neirj1bofhood Southwest Dcen5USli'act20oo I I PCI"cel Bomcliry o 1200 24~O P:\Projed3\RECEV~SG\lov.flo1od\Map\ TClI"gelSoulhwestmll:d DRAFT 2008/2009 Adion Plan Amendment (NSP) Exhibit H 8-29 EXHIBIT I East Target Neighborhood c_rrY or CIlt:L., VlSTAA RedevelopmentV &Housing 11II 'WgetNei(;1borhood East D CE!ll~ltac:t2000 ! : Pa"celBotxlCklry - ,... UOO o o 1100 P;\Pro.iect5"RS:EVaHSG\Lo....t1lod'~\T.,.gelEast.nu:d DRAFT 2008/2009 Adion Plan Amendment (NSP) Exhibit I 8-30 Certifications (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. (2) Anti-lobbying. The jurisdiction will comply with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that part. (3) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements. (4) Consistency with Plan. The housing activities to be undertaken with NSP funds are consistent with its consolidated plan, which means that NSP funds will be used to meet the congressionally identified needs of abandoned and foreclosed homes in the targeted area set forth in the grantee's substantial amendment. (5) Acquisition and relocation. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.s.e. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the Notice for the NSP program published by HUD. (6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.s.e. 1701 u), arid implementing regulations at 24 CFR part 135. (7) Citizen Participation. The jurisdiction is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP requirements. (8) Following Plan. The jurisdiction is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. (9) Use of funds in 18 months. The jurisdiction will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of receipt of the grant. (10) Use NSP funds s 120 of AMI. The jurisdiction will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income. (11) Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBC funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of 200812009 Action Plan Amendment (NSP) Certifications Page 1 of 2 8-31 obtaining access to such public improvements. However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than COBC funds. In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or COBG funds to cover the assessment. (12) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. (13) Compliance with anti-discrimination laws. The NSP grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d), the Fair Housing Act (42 U.S.c. 3601-3619), and implementing regulations. (14) Compliance with lead-based paint procedures. The activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title. (15) Compliance with laws. The jurisdiction will comply with applicable laws. Scott Tulloch, Acting City Manager Date 2008/2009 Action Plan Amendment (NSP) Certifications Page 2 of 2 8-32 CHECKLIST For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the NSP Substantial Amendment and SF-424. Jurisdiction(s): Lead Agency Jurisdiction Web Address: (URL where NSP Substantial Amendment materials are posted) Contents of an NSP Action Plan Substantial Amendment NSP Contact Person: Address: Telephone: Fax: Email: The elements in the substantial amendment required for the Neighborhood Stabilization Program are: A. Areas of Greatest Need Does the submission include summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction? YeslSJ NoD. Verification found on page~. B. Distribution and Uses of Funds Does the submission contain a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301 (c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures? YeslSJ NoD Verification found on page~. Note: The grantee's narrative must address the three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. C. Definitions and Descriptions For the purposes of the NSP, do the narratives include: . a definition of "blighted struCture" in the context of state or local law, Yes ISJ NoDVerification found on page 8 . a definition of "affordable rents: YeslSJ NoD Verification found on page -Z-. . a description of how the grantee will ensure continued affordability for NSP assisted housing, YeslSJ NoD Verification found on page--L. . a description of housing rehabilitation standards that will apply to NSP assisted activities? YeslSJ NoD Verification found on page~. 2008/2009 Action Plan Amendment (NSP) Checklist Page 1 of 2 8-33 D. Information By Activity Does the submission contain information by activity describing how the grantee will use the funds, identifying: Activity No.1 . eligible use of funds under NSP, Yesi:2J NoD Verification found on page ~. . correlated eligible activity under CDBG, Yesi:2J NoD Verification found on page ~. . the areas of greatest need addressed by the activity or activities, Yesi:2J NoD Verification found on page 11 . exp~cted benefit to income-qualified persons or households or areas, Yesi:2J NoD Verification found on page ~. . appropriate performance measures for the activity, Yesi:2J NoD Verification found on page~. . amount of funds budgeted for the activity, Yesi:2J NoD Verification found on page~. . the name, location and contact information for the entity that will carry out the activity, Yesi:2J NoD Verification foUnd on page~. . expected start and end dates of the activity? Yesi:2J NoD Verification found on page.J1.. Activity No.2 . eligible use of funds under NSP, Yesi:2J NoD Verification found on page ~. . correlated eligible activity under CDBG, Yesi:2J NoD Verification found on page ~. . the areas of greatest need addressed by the activity or activities, Yesi:2J NoD Verification found on page 12 . . expected benefit to income-qualified persons or households or areas, Yesi:2J NoD Verification found on page ~. . appropriate performance measures for the activity, Yesi:2J NoD Verification found on page --.li. . amount of funds budgeted for the activity, Yesi:2J NoD Verification found on page~. . the name, location and contact information for the entity that will carry out the activity, Yesi:2J NoD Verification found on page~. . expected start and end dates of the activity? Yesi:2J NoD Verification found on page ~. Activity No.3 . eligible use of funds under NSP, Yesi:2J NoD Verification found on page~. . correlated eligible activity under CDBG, Yesi:2J NoD Verification found on page~. . the areas of greatest need addressed by the activity or activities, Yesi:2J . NoD Verification found on page~. 2008/2009 Action Plan Amendment (NSP) Checklist Page 2 of 5 8-34 . expected benefit to income-qualified persons or households or areas, Yes[l;l NoD Verification found on page~. . appropriate performance measures for the activity, Yes[l;l NoD Verification found on page~. . amount of funds budgeted for the activity, Yes[l;l NoD Verification found on page~. . the nameL location and .contact information for the entity that will carry out the activity, Yes[l;l NoD Verification found on page ~. . expected start and end dates of the activity? Yes[l;l NoD Verification found on page~. E. Specific Activity Requirements Does each activity narrative describe the general terms under which assistance will be provided, including: If the activity includes acquisition of real property, . the discount required for acquisition of foreclosed upon properties, Yes[l;l NoD Verification found on page 11, 12 and 16 If the activi Yes[l;l rovides financin , No Verification found on page~. If the activity provides housing, . duration or term of assistance, Yes[gJ NoD Verification found on page 14 and 16 . tenure of beneficiaries (e.g., rental or homeownership), Yes[gJ NoD Verification found on page 14 and 16 . does it ensure continued affordability? Yes[l;l NoD Verification found on page 8, 14 and 16 . does the applicant indicate which activities will count toward the statutory requirement that at least 25% of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? . Yes[gJ NoD Verification found on page 10 F. low Income targeting . Has the grantee described how it will meet the statutory requirement that at least 25 % of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? Yes[l;l NoD Verification found on page 10 . Has the grantee identified how the estimated amount of funds appropriated or otherwise made available will be used to purchase and redevelop abandoned or 2008/2009 Action Plan Amendment INSP) Checklist Page 3 of 5 8-35 foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50% of area median income? Yes!l;J NoD Verification found on page 10 Amount budgeted $ $1,000,000 G. Demolishment or Conversion of low- And Moderate-Income Units Does grantee plan to demolish or convert any low- and moderate-income dwelling units? YesD No!l;J (If no, continue to next heading) Verification found on page Does the substantial amendment include: H. The number of low- and moderate-income dwelling units-i.e., :s 80% of area median income-reasonably expected to be demolished or converted as a direct result of NSP- assisted activities? YesD No!l;J. Verification found on page _n/a_. I. The number of NSP affordable housing units made available to low-, moderate-, and middle-income households-i.e., :s 120% of area median income-reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion)? Yes!l;J NoD Verification found on page 12 and 13 J. The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income? Yes!l;J NoD Verification found on page 10 H. Public Comment Period Was the proposed action plan amendment published via the grantee jurisdiction's usual methods and on the Internet for no less than 15 calendar days of public comment? Yes!l;J NoD Verification found on page_. Is there a summary of citizen comments included in the final amendment? Yes!l;J NoD Verification found on page_. I. Website Publication The following Documents are available on the grantee's website: . SF 424 Yes!l;J NoD. . Proposed NSP Substantial Amendment Yes!l;J NoD. . Final NSP Substantial Amendment Yes!l;J NoD. . Subsequent NSP Amendments Yes!l;J NoD. Website URl: hUp:/ /www.chulavistaca.aov/Citv Services/Development Services/RedevHousina/Housi na/Hausi naProarams/NSP.asp 2008/2009 Action Plan Amendment (NSP) Checklist Page 4 of 5 8-36 K. Certifications The following certifications are complete and accurate: (1) Affirmatively furthering fair housing (2) Anti-lobbying (3) Authority of Jurisdiction (4) Consistency with Plan (5) Acquisition and relocation (6) Section 3 (7) Citizen Participation (8) Following Plan (9) Use offunds in 18 months (10) Use NSP funds" 120 of AMI (11) No recovery of capital costs thru special assessments (12) Excessive Force (13) Compliance with anti-discrimination laws (14) Compliance with lead-based paint procedures (15) Compliance with laws YesC8J YesC8J YescgJ YesC8J YesC8J YescgJ YescgJ YesC8J YesC8J YescgJ YesC8J YesC8J YescgJ YescgJ YesC8J NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD NoD 2008/2009 Action Plan Amendment INSPI Checklist Page 5 of 5 8-37 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A.,\J!ENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRAi"l"T NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE NORTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on May 6, 2008, pursuant to Resolution No. 2008-121, the City Council approved the Fiscal Year 2008/2009 Annual Action Plan for the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and the Emergency Shelter Orant (ESG) Federal Grant Programs; and WHEREAS, in September 2008, the United States Department of Housing and Urban Development (HUD) notified the City that the City is eligible to receive approximately $2.8 million in one-time CDBO funds through the new Neighborhood Stabilization Program (NSP) in addition to its arumal CDBG entitlement; and WHEREAS, staff has identified areas of greatest need for the use of these funds within the City and these target neighborhoods include portions of northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities; and WHEREAS, in order to receive the NSP funds, the City must submit an amendment to the Annual Action Plan to HUD by December 1,2008; and WHEREAS, staff wishes to amend the Fiscal Year 2008/2009 Action Plan to allocate this one-time distribution of special CDBG NSP funds in the amount of $2,830,072 to a new project entitled "Neighborhood Stabilization Program". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it amends the Fiscal Year 2008/2009 Annual Action Plan and allocates $2,830,072 of Community Development Block Grant (CDBO) Neighborhood Stabilization Program (NSP) funds to be utilized in areas of greatest need including the Northwest Target Neighborhood to a new project entitled "Neighborhood Stabilization Program". 2. That it authorizes the submittal of the amendment to the Annual Action Plan to the United States Department of Housing and Urban Development (HUD). 8-38 Resolution Page 2 of2 3. That it authorizes the City Manager to execute any documents necessary to submit the proposed amendment to the Annual Action Plan to HUD and to receive the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds. Presented by Approved as to form by ~o-- tL ~~ Bart Miesfeld Interim City Attorney Eric Crockett Assistant Director of Redevelopment and Housing .I:\Attllrney\F1NAL RESOS\2008\11 18 08\Actioll Plan Neighborho~~~~ization Program Amendment Reso A Northwest II-25-Q8.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE SOUTHWEST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on May 6, 2008, pursuant to Resolution No. 2008-121, the City Council approved the Fiscal Year 2008/2009 A.1mual Action Plan for the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and the Emergency Shelter Grant (ESG) Federal Grant Programs; and WHEREAS, in September 2008, the United States Department of Housing and Urban Development (HUD) notified the City that the City is eligible to receive approximately $2.8 million in one-time CDBG funds through the new Neighborhood Stabilization Program (NSP) in addition to its annual CDBG entitlement; and WHEREAS, staff has identified areas of greatest need for the use of these funds within the City and these target neighborhoods include portions of northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities; and WHEREAS, in order to receive the NSP funds, the City must submit an amendment to the Annual Action Plan to HUD by December 1,2008; and WHEREAS, staff wishes to amend the Fiscal Year 2008/2009 Action Plan to allocate this one-time distribution of special CDBG NSP funds in the amount of $2,830,072 to a new project entitled "Neighborhood Stabilization Program". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: . l. That it amends the Fiscal Year 2008/2009 A1mual Action Plan and allocates $2,830,072 of Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds to be utilized in areas of greatest need including the Southwest Target Neighborhood to a new project entitled "Neighborhood Stabilization Program". 2. That it authorizes the submittal of the amendment to the A1mual Action Plan to the United States Department of Housing and Urban Development (HUD). 8-40 Resolution Page 2 of2 3. That it authorizes the City Manager to execute any documents necessary to submit the proposed amendment to the Annual Action Plan to HUD and to receive the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds. Presented by Approved as to form by JL-.~~~ Bart Miesfeld Interim City Attorney Eric Crockett Assistant Director of Redevelopment and Housing .I:\f\ltnl11ey\FINAL RESQS\2008\! 1 18 08\Actiol1 Plan NejghbOrho~~tt~izatiol1 Program Amendment Reso B Southwestll-25-08.doc . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ANNUAL ACTION PLAN, ALLOCATING $2,830,072 OF COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS TO BE UTILIZED IN AREAS OF GREATEST NEED INCLUDING THE EAST TARGET NEIGHBORHOOD AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT OF THE ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING A..ND URBAN DEVELOPMENT WHEREAS, on May 6, 2008, pursuant to Resolution No. 2008-121, the City Council approved the Fiscal Year 2008/2009 Annual Action Plan for the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and the Emergency Shelter Grant (ESG) Federal Grant Programs; and WHEREAS, in September 2008, the United States Department of Housing and Urban Development (HUD) notified the City that the City is eligible to receive approximately $2.8 million in one-time CDBG funds through the new Neighborhood Stabilization Program (NSP) in addition to its annual CDBG entitlement; and WHEREAS, staff has identified areas of greatest need for the use of these funds within the City and these target neighborhoods include portions of northwest and southwest Chula Vista, Eastlake, and Otay Ranch communities; and WHEREAS, in order to receive the NSP funds, the City must submit an amendment to the Annual Action Plan to HUD by December 1, 2008; and WHEREAS, staff wishes to amend the Fiscal Year 2008/2009 Action Plan to allocate this one-time distribution of special CDBG NSP funds in the amount of $2,830,072 to a new project entitled "Neighborhood Stabilization Program". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it amends the Fiscal Year 2008/2009 Annual Action Plan and allocates $2,830,072 of Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds to be utilized in areas of greatest need including the East Target Neighborhood to a new project entitled "Neighborhood Stabilization Program". 2. That it authorizes the submittal of the amendment to the Annual Action Plan to the United States Department of Housing and Urban Development (HUD). 8-42 Resolution Page 2 of2 3. That it authorizes the City Manager to execute any documents necessary to submit the proposed amendment to the Annual Action Plan to HUD and to receive the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) funds. Presented by Approved as to form by Eric Crockett Assistant Director of Redevelopment and Housing --I~~ a~ J=o Bart Miesfeld - Interim City Attorney J:\Attlll11ey\FINAL RESOS\2008\11 18 08\Action Plun Neighborho~2tt~izatiol1 Program Amendment Reso C East 11-25-08.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ALLOCATING $452,936 OF HOME INVESTMENT PARTNERSHIIP ACT (HOME) FUNDS TO THE PILOT HOMEOWNERS HIP PROGRAM FOR REAL ESTATE OWNED PROPERTIES WHEREAS, on April 16,2002, pursuant to Resolution No. 2002-118, the City Council approved a First-Time Homebuyer Downpayment and Closing Cost Assistance (DCCA) Program to assist low-income home buyers; and WHEREAS, the City and Community Housing Works have entered into an agreement for the management of the DCCA program; and WHEREAS, Community Housing Works offered an innovative pilot program that would provide an incentive for low-income families wishing to enter the homeownership market to purchase abandoned foreclosed property; and WHEREAS, on June 17, 2008, the City Council adopted Resolution No. 2008-158 establishing a new non-CIP project for this pilot homeownership program for real estate owned properties and appropriating $300,000 of available HOME Investment Partnership Act funds to that proj ect; and WHEREAS, staff wishes to allocate $452,936 in additional HOME Investment Partnership (HOME) funds to that pilot homeownership program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it allocates $452,936 of available HOME Investment Partnership (HOME) funds to the pilot homeownership program for real estate owned properties. Eric Crockett Assistant Director of Redevelopment and Housing Approved as to form by -.~(1 ~ Bart Miesfeld Interim City Attorney ~. () Presented by 8-44