Attachment 17. Choice Neighborhood Application Certifications Planning Grants

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1 Attachment 17. Choice Neighborhood Application Certifications Planning Grants East Bay Asian Local Development Corporation San Pablo Avenue Corridor Community Action Plan Att17ChoiceNbrdhoodsApplCertPlanning

2 CHOICE NEIGHBORHOODS APPLICATION CERTIFICATIONS Planning IMPLEMENTATION GRANTS OMB Approval No (exp. 2/28/2011) The following are certifications to and agreements with the Department of Housing and Urban Development (HUD) required in connection with the Choice Neighborhoods Implementation Grants application and implementation. 1. The public or assisted housing project targeted in this Choice Neighborhoods grant application meets the definition of severe distress in accordance with Section 24(j)(2) of the United States Housing Act of 1937 ("1937Act"). 2. The Lead Applicant and Co-Applicant (if any) have not received assistance from the Federal government, State, or unit of local government, or any agency or instrumentality, for the specific activities for which funding is requested in the Choice Neighborhoods application. 3. The Lead Applicant and Co-Applicant (if any) do not have any litigation pending which would preclude timely startup of activities. 4. The Lead Applicant and Co-Applicant (if any) are in full compliance with any desegregation or other court order related to Fair Housing (e.g., Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and Section 504 of the Rehabilitation Act of 1973) that affects the Lead Applicant s and Co-Applicant s (if any) public or assisted housing program and that is in effect on the date of application submission. 5. The Lead Applicant and Co-Applicant (if any) have returned any excess advances received during development or modernization, or amounts determined by HUD to constitute excess financing based on a HUD-approved Actual Development Cost Certificate (ADCC) or Actual Modernization Cost Certificate (AMCC), or other HUD contracts, or that HUD has approved a pay-back plan. 6. There are no environmental factors, such as sewer moratoriums, precluding development in the requested locality. 7. In accordance with the Flood Disaster Protection Act of 1973 (42 U.S.C ), the property targeted for acquisition or construction (including rehabilitation) is not located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (a) The community in which the area is situated is participating in the National Flood Insurance program (see 44 CFR parts 59 through 79), or less than one year has passed since FEMA notification regarding such hazards; and (b) Where the community is participating in the National Flood Insurance Program, flood insurance is obtained as a condition of execution of a Grant Agreement and approval of any subsequent demolition or disposition application. 8. The application does not target properties in the Coastal Barrier Resources System, in accordance with the Coastal Barrier Resources Act (16 U.S.C. 3501). If selected for Choice Neighborhoods funding: 9. The Lead Applicant and Co-Applicant (if any) will ensure compliance with all policies, procedures, and requirements, including the Program Requirements provided in the NOFA, Implementation Grants Section, Section III.C.3, prescribed by HUD for the Choice Neighborhoods Program. Page 1 of 3

3 OMB Approval No (exp. 2/28/2011) 10. The Lead Applicant and Co-Applicant (of any), will ensure that Choice Neighborhoods grant activities are implemented in a timely, efficient, and economical manner. The Lead Applicant and Co-Applicant (of any), will ensure that all FY 2010 Choice Neighborhoods grant funds are expended by September 30, In accordance with 31 U.S.C. 1552, all FY 2010 Choice Neighborhoods funds expire on September 30, Any funds that are not expended by that date will be cancelled and recaptured by the Treasury, and thereafter will not be available for obligation or expenditure for any purpose. 11. The Lead Applicant and Co-Applicant (if any) will ensure assistance from the Federal government, State, or unit of local government, or any agency or instrumentality is not received for the specific activities funded by the Choice Neighborhoods grant. The Lead Applicant and Co-Applicant (if any) has established controls to ensure that any activity funded by the Choice Neighborhoods grant is not also funded by any other HUD program, thereby preventing duplicate funding of any activity. 12. The Lead Applicant and Co-Applicant (if any) will ensure that more assistance is not provided to any housing site or neighborhood under the Choice Neighborhoods grant than is necessary to provide affordable housing and neighborhood transformation after taking into account other governmental assistance provided. 13. The Lead Applicant and Co-Applicant (if any) will ensure that the aggregate amount of the Choice Neighborhoods grant is supplemented with funds from sources other than Choice Neighborhoods in an amount not less than 5 percent of the amount of the Choice Neighborhoods grant in accordance with Section III.B of the Implementation Grants section of the NOFA. 14. In addition to supplemental amounts provided in accordance with Certification 13 above, if the Lead Applicant and Co-Applicant (if any) use more than 5 percent of the Choice Neighborhoods grant for the supportive services component, they will ensure that supplemental funds are provided from sources other than Choice Neighborhoods, dollar for dollar, for the amount over 5 percent of the grant used for the supportive services component. No more than 15 percent of grant funds may be used for supportive services, as defined in the NOFA. 15. The Lead Applicant and Co-Applicant (if any) will ensure that no more than 15 percent of funds will be used for Critical Community Improvements, as described in the NOFA (i.e. activities to promote economic development, such as development or improvement of transit, retail, community financial institutions, public services, facilities, assets or other community resources). 16. The Lead Applicant and Co-Applicant (if any) will ensure compliance with: (a) The Fair Housing Act (42 U.S.C ) and regulations at 24 CFR part 100; (b) The prohibitions against discrimination on the basis of disability under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and regulations at 24 CFR part 8); (c) Title II of the Americans with Disabilities Act (42 U.S.C et seq.) and its implementing regulations at 28 CFR part 36; (d) The Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151) and regulations at 24 CFR part 40). 17. The Lead Applicant and Co-Applicant (if any) will ensure compliance with all Choice Neighborhoods requirements for reporting, providing access to records, and evaluation. Page 2 of 3

4 OMB Approval No (exp. 2/28/2011) Lead Applicant: Co-Applicant (if any): East Bay Asian Local Development Corporation N/A Name of Targeted Public and/or Assisted Housing Site(s): St Andrews Manor I approve the submission of the Choice Neighborhoods application of which this document is a part and make the above certifications to and agreements with the Department of Housing and Urban Development (HUD) in connection with the application and implementation thereof: Name of Lead Applicant s Executive Officer: Jeremy Liu Title: Executive Director Signature: Date: December 2, 2010 Name of Co-Applicant s (if any) Executive Officer: N/A Title: Signature: Date: The following signature is applicable if the Lead Applicant or Co-Applicant is a Public Housing Authority. Acting on behalf of the Board of Commissioners of the Housing Authority listed below, as its Chairman, I approve the submission of the Choice Neighborhoods application of which this document is a part and make the above certifications to and agreements with the Department of Housing and Urban Development (HUD) in connection with the application and implementation thereof: Certified By: Board Chairman s Name: N/A Board Chairman s Signature: Date: Warning: HUD will prosecute false claims and statements. Conviction may result in the imposition of criminal and civil penalties. (18 U.S.C. 1001, 1010, 1012, 32 U.S.C. 3729, 3802) Page 3 of 3

5 East Bay Asian Local Development Corporation San Pablo Avenue Corridor Community Action Plan Attachment 22. Category Preferences Documentation Required Documentation for Category Preference as described in section V.B.3.a(4)(a) (ii) Collaboration among housing providers

6 MEMORANDUM OF UNDERSTANDING San Pablo Corridor Oakland Community Action Plan Christian Church Homes, East Bay Asian Local Development Corporation, Oakland Housing Authority and Satellite Housing This Memorandum of Understanding ( MOU ) is made as of October 24, 2010, between East Bay Asian Local Development Corporation, a California nonprofit public benefit corporation ( EBALDC ), Christian Church Homes, a California nonprofit public benefit corporation ( CCH ), Oakland Housing Authority, a public body corporate and politic of the State of California ("OHA"), and Satellite Housing Inc., a California nonprofit public benefit corporation ( Satellite ), as key partners in providing housing and related programs pursuant of the San Pablo Corridor Coalition Oakland Community Action Plan in Hoover/West MacArthur/McClymonds/Clawson areas as proposed in the application FR-5415-N-25 Choice Neighborhoods Initiative Round 1 NOFA to the US Department of Housing and Urban Development ( HUD ). As the providers of public, assisted and affordable housing in the San Pablo Corridor and West Oakland, all the partners agree that the betterment of the neighborhood is a high priority for our agencies. A. A Priority Development Area ( PDA ), San Pablo Corridor of West Oakland has suffered decades of disinvestment, isolation, blight, housing deterioration, and some of the highest poverty and crime rates that have left Police Beat 07X and 06X (or Beat 6 ) with the highest level of stressors in the City. As result, active and engaged residents, schools, faith, nonprofit and businesses formed the San Pablo Corridor Coalition ( SPC2 ) to integrate resources and organize residents to be a part of a comprehensive community driven Community Action Plan that will empower and revitalize the neighborhood built upon the strengths and assets of the local community. B. EBALDC shall have oversight and monitoring responsibility with respect to the facilitation of SCP2, together with its principal members and other future collaboratives in planning and developing activities and outcomes of People, Housing, and Neighborhood implementation strategy of the Choice Neighborhoods Initiative. EBALDC is also solely responsible for ensuring that the program complies with all applicable requirements and obligations of the grant. EBALDC owns and manages numerous properties throughout West Oakland. Specifically, EBALDC s San Pablo Hotel at 1955 San Pablo Avenue and Avalon Senior Housing at 3850 San Pablo Avenue bookend the corridor. In addition, EBALDC is currently partnering with the City of Oakland to assume ownership of the California Hotel at 3501 San Pablo Avenue by 2011, which has a rich history in Oakland s development and has in recent history fallen into mismanagement and disrepair. EBALDC hopes to turn this SRO building back into a valuable community asset providing affordable housing for extremely low income residents. C. Christian Church Homes ( CCH ) owns and manages Sylvester Rutledge Manor, ( Sylvester Rutledge ) on 3255 San Pablo Avenue, Oakland CA Based in Oakland, California with almost 50 years experience in the low-income senior housing field, CCH provides homes to over 6000 residents across the United States. CCH has a three-fold approach to meeting those needs: building and/or preserving affordable, quality senior housing developments where they are most needed; creating and maintaining caring communities; and providing professional property management that meets and/or exceeds industry standards. Memorandum of Agreement EBALDC Oakland San Pablo Corridor FR-5415-N-25 Choice Neighborhoods Initiative 1

7 For CHOICE, CCH will contribute its resources as general partner/owner and operator of Sylvester Rutledge. This 7 year old facility is one of the best additions to this part of Oakland in several years. However, this senior community suffers in many ways from operating in an underserved section of Oakland. CCH is very willing, and highly motivated, to participate in creating a viable action plan for this corridor and community. We are committing to lend our 50 years of housing and business experience in Oakland and the East Bay to this effort. That will include participation and major planning efforts form our senior staff including the President/CEO and Vice President of Real Estate Development, as well as expertise from our Social Services, Engineering, and Information Technology departments. In addition we will help organize the seniors at this property to become engaged in neighborhood improvements. Engaging our existing seniors and staff at the property will include offering the services programs we already have which include benefit counseling, transportation, nutrition, health care services, and gardening. D. The Oakland Housing Authority (OHA) provides housing opportunities across Oakland, especially in West and East Oakland. The OHA works to assure the availability of quality housing for low-income persons and to promote the civic involvement and economic self-sufficiency of residents and to further the expansion of affordable housing within Oakland. Long recognized as one of the leading housing authorities in the nation, the Oakland Housing Authority (OHA) continues to be an innovator in the field of public housing. Currently, OHA provides housing for approximately 10 percent of Oakland s families through the Public Housing and Section 8 programs. The agency operates 1,606 public housing units and provides 13,282 Housing Choice Vouchers low income families, elderly and disabled households in Oakland. The average annual income of OHA families is about $15,000. OHA has a long history of collaboration in development, program planning, subsidies and referrals with EBALDC. As a key partner, the OHA brings many strong partnerships and innovative programs. For CHOICE, OHA brings a portfolio of 11 scattered site properties subsidized through the Project Based Section 8 Program. These properties comprise 67 units of 3 and 4 bedroom units affordable to very low-income families at the following addresses: th Street, th Street, nd Street, th Street, th Street, th Street, 2933 MLK Jr. Way, 3025 MLK Jr. Way, 2922 West Street, 3017 West Street, and 3217 West Street. In addition, there are two HOPE VI sites, Chestnut Apartments and Linden Court in the target area with a total of 151 rental units. OHA has also initiated a new innovative partnership with Oakland Unified School District (OUSD) for sharing data and programming resources of the families and youth served by both OHA OUSD. OHA has allocated significant staff and organizational resources to close the opportunity gap experienced by children and youth served by the agency including a new position of Education Program Analyst. Through both the property management activities and the agency s emerging focus on improving the educational outcomes for children and youth served by the Agency, OHA will provide staff to support the Community Action Plan. E. Satellite Housing ( Satellite ) owns and manages St. Andrew s Manor ( St. Andrew s). Built in 1973, St. Andrew s, a 60-unit assisted senior affordable housing development located at 3250 San Pablo Avenue in Oakland is currently in planning for construction and rehabilitation ensuring that it continues to serve as a neighborhood asset for decades to come. Although St. Andrew s has been a stable anchor for the neighborhood for many decades, the age of its systems meets the severely distressed criteria for the Choice program. Satellite s mission is to provide affordable, serviceenriched housing that provides healthy and dignified living for people with limited options. Satellite Housing s portfolio consists of twenty-five affordable housing communities, twenty-one of which are senior developments. Thirteen of Satellite s communities are located in Oakland. With a long-term Memorandum of Agreement EBALDC Oakland San Pablo Corridor FR-5415-N-25 Choice Neighborhoods Initiative 2

8 commitment to each property, Satellite focuses on developing housing that is well-integrated into its community, both in design and programming, with a wide range of supportive services that promote the health and wellness of residents. Satellite Housing will be a Principal Team member with EBALDC in the San Pablo Avenue Corridor planning effort. The key housing partners agree as follows: 1. The term of this MOU ( Term ) shall commence based on HUD s grant award agreement and shall continue two years after the agreement but no later than During the Term, the parties will prioritize and collaborate in good faith with in the development of the San Pablo Corridor Community Action Plan ( Plan ) for the betterment of their properties and the neighborhood towards the three core goals of Housing, People, and Neighborhood including the following: a. Dedicating senior-level staff in overall development of Plan who will ensure effective people, housing and neighborhood strategies are prepared. b. Active leadership and participation in the San Pablo Corridor Coalition including attending regular meetings by property management and/or resident services staff. c. Engagement of residents and the community through resident organizing models for community planning. This includes expanding upon successful local pilot efforts for organizing seniors and limited-english speakers in the planning of community revitalization initiatives. d. Planning to implement effective assisted and affordable housing revitalization. e. Leveraging partnerships and relationships with private, non-profit and public partners to bring knowledge, resources and data sharing to the neighborhood. f. Cross-pollination of innovative programs and resources in our agencies including data access and evaluation as well as technology sharing. Other terms determined are subject to approval from entities providing program funding, financing, acquisition, rehabilitation and revitalization in the area. 3. Each party is responsible for the payment of its own costs incurred in negotiating and implementing this MOU. 4. The parties agree to act in good faith to carry out the terms of this MOU. 5. This MOU may be executed in counterparts. [Signature blocks on following page] Memorandum of Agreement EBALDC Oakland San Pablo Corridor FR-5415-N-25 Choice Neighborhoods Initiative 3

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