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HomeMy WebLinkAbout80A - JOINT - JOSEPH HOUSE AMENDREQUEST FOR COUNCIL/ HOUSING AUTHORITY ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2017 TITLE: APPROVED SECOND AMENDMENT TO JOSEPH HOUSE LOAN AGREEMENT AND AFFORDABLE HOUSING COVENANTS {STRATEGIC PLAN NO. 5,31 CITY MA ER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a Second Amendment to the Joseph House Loan Agreement and Affordable Housing Covenants with Mercy House Living Centers, formerly known as Mercy House Transitional Living Centers, to allow for the remaining transitional housing unit to be turned into permanent affordable housing and dissolve transitional housing and transitional shelter at 210 E. 16th Street, subject to non -substantiative changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION Authorize the Executive Director of the Housing Authority and the Clerk of the Council to execute a Second Amendment to the Joseph House Loan Agreement and Affordable Housing Covenants with Mercy House Living Centers, formerly known as Mercy House Transitional Living Centers, to allow for the remaining transitional housing unit to be turned into permanent affordable housing and dissolve transitional housing and .transitional shelter at 210 E. 16th Street, subject to non - substantiative changes approved by the Executive Director and the Housing Authority General Council. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on October 25, 2017, by a vote of 6:0 (De Leon absent), the Community Redevelopment and Housing Commission approved the recommended action. 80A-1 Second Amendment to Joseph House Loan Agreement and Affordable Housing Covenants November 7, 2017 Page 2 DISCUSSION On April 11, 2006, the City of Santa Ana and the former Community Redevelopment Agency of the City of Santa Ana (RDA) entered into a Housing Development Loan Agreement and Affordable Housing Covenants with Mercy House Transitional Living Centers (Mercy House) for the rehabilitation of the Joseph House Project located at 210 E. 16th Street. Mercy House has operated Joseph House as a transitional housing program for homeless single men in the community since 1990. At the time of the loan agreement in 2006, the City provided HOME Investment Partnerships Program (HOME Program) and RDA tax increment funds for the rehabilitation of the property. At the time of committing the HOME funds, the HOME Program allowed funds to be used for transitional housing. In accordance with the loan agreement and funding regulations, the City has continued to monitor Joseph House to ensure compliance with the loan documents, regulations, and affordable housing covenants. Due to funding and policy changes at the federal level, a First Amendment to the Agreement was entered into on December 1, 2016, to modify the Joseph House transitional housing program to become a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single homeless men from the community. The proposed program modification from a transitional shelter to a dual-purpose model included the following: (1) convert two units of transitional housing into permanent housing with supportive services, offering low rental costs in compliance with low HOME rents to meet the needs of low-income homeless individuals in the community; (2) one unit to continue to operate as a transitional housing program; and (3) leverage rapid re -housing funds to reduce the length of time clients stay at the shelter with the goal of connecting them to permanent affordable housing opportunities. In May 2017, Mercy House began operation of the Bridges at Kraemer Place, a 200 -bed year round emergency shelter located in the City of Anaheim that serves single men and women. The advent of this large year round shelter for single adults as well as the Courtyard in Santa Ana, has replaced the need for Mercy House to continue to operate Joseph House as a transitional shelter. Furthermore, as demonstrated in the Business Plan and analysis of Orange County's housing market (Exhibit 1), there is a strong need in the community for the development of affordable housing for low-income including formerly homeless individuals. As such, Mercy House now seeks to amend the Housing Development Loan Agreement and Affordable Housing Covenants a second time to allow for the remaining transitional housing unit to be turned into affordable housing and dissolve transitional housing at the site (Exhibit 2). STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal # 5 (Community Health, Livability, Engagement & Sustainability), Objective # 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 80A-2 Second Amendment to Joseph House Loan Agreement and Affordable Housing Covenants November 7, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Exhibits: 1. Joseph House Business Plan 2. Second Amendment to Housing Development Loan Agreement and Affordable Housing Covenants • I . Exhibit 1 Business Plan For Joseph Residence Permanent Housing Program Submitted to the City of Santa Ana 9/28/2017 Plan to transition Joseph House from its current state as a dual-purpose facility to a facility exclusively providing permanent housing with supportive services for single, homeless or low-income men from the community known as Joseph Residence. Executive Summary On April 1 1, 2006, the City of Santa Ana and the former Community Redevelopment Agency of The City of Santa Ana (RDA) entered into a Housing Development Loan Agreement and Affordable Housing Covenants with Mercy House Transitional Living Centers (Mercy House) for the rehabilitation of the Joseph House Project located at 210E. 16th Street. Mercy House operated Joseph House exclusively as a transitional housing program for homeless single men with in the community from 1990 -2015. At the time of the loan agreement in 2006, the City provided HOME Investment Partnership Program (HOME Program) and RDA tax increment funds for the rehabilitation of the property. In 2015, Mercy House submitted a request that was approved by the City and amended the HOME Program agreement to modify the Joseph House Transitional Shelter to a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single, homeless from the community. This included transitioning two of the transitional housing units into permanent housing with supportive services, offering low rental costs in compliance with HOME low rents to meet the needs of low-income and formerly homeless individuals. The remaining unit was kept as transitional housing serving homeless single men. In May 2017, Mercy House begun operation of the Bridges at Kraemer Place, a 200 -bed year round emergency shelter located in the City of Anaheim that serves single men and women. The advent of this large year round shelter for single adults as well as the Courtyard in Santa Ana, has replaced the need for Mercy House to continue to operate Joseph House as a transitional shelter. Furthermore, as demonstrated in the analysis of Orange County's housing market, there is a strong need in the community for the development of affordable housing for low-income including formerly homeless individuals. This document demonstrates Mercy House's plan to further modify Joseph House from its current state as a dual-purpose facility to a facility exclusively providing permanent housing with supportive services for single, homeless or low-income men from the community. Page 1 of 13 Organization Summary Mercy House Living Centers ("Mercy House") is a non-profit organization serving the homeless in Orange County, San Bernardino County, Riverside County. The non-profit was incorporated in 1988, began operations in 1990 and has been able to operate successful homeless service programs for over 27 years. Mercy House was quickly grown from a single shelter serving 10 single men, to a full system of care designed to meet the needs of the homeless at all stages of their struggle. In the past year, Mercy House provided services to nearly 5,000 of our community's most vulnerable men, women, and children. Though our services have expanded and changed, our mission and reason for existence remains the same: to end the homelessness of all who enter our system of care. Over the years we have created a system of care based on a blend of both continuum of care and housing first models of ending homelessness. This includes operating a variety of programs ranging from homeless prevention, emergency services and shelters, transitional and interim housing, rapid re -housing programs, permanent supportive housing, residential services and affordable permanent housing facilities. The intention of these programs is to address homelessness at every level. The diversity of these programs has also afforded us the experience of working with a wide variety of homeless subpopulations including, but not limited to; families, adult men and women, mothers and their children, veterans, chronically homeless individuals, persons living with HIV/AIDS, individuals overcoming substance addictions, and those who are both physically and/or mentally disabled. Mission Mission Statement: To be a leader in ending homelessness by providing a unique system of dignified housing opportunities, programs, and supportive services. Operational Statement: To end the cycle of homelessness of those who enter our system of care. Page 2 of 13 80A-7 2016-2017 Statistics Last year, Mercy House set a goal to prevent or end the our homelessness of 1,200 men, women. and children. We Results: surpassedthatgoalandprovidedapermanenthousingsolution to 1,390 men, women, and children in our communities! See the individual impacts of our programs below: Marcy Houses Homeless Prevention Program served 73 families Including 1 219 indwidaals Housing Portfolio MINIM Merccy Houses shelter programs ended the homelessnes of 107 men, women, & children Mercy House's ongoing permanent housing programs provide a permanent housing solution to 1,064 unduplicated incSviduais see through Rapid Re -Housing 122881n our Affordable Housing Programs .e 210 In our Permanent Supportive Housing Programs Housing operated by Mercy House in Orange County: Total Units: 582 Homeless Prevention (FYI 6) Rapid Rehousing (FYI 6) Units Under Development Low -Income Housing Permanent Supportive Housing 0 50 100 150 200 250 ■Total Units: 582 Page 3 of 13 Legal Entity Mercy House is a nonprofit 501(c) (3) organization founded in 1988 by Father Jerome T. Karcher. Mercy House has developed a continuum of care of provide homeless prevention, emergency shelter and services, transitional housing, and permanent housing with supportive services to homeless men, women, and children living in Orange County, San Bernardino County, Riverside County, and Phoenix, Arizona. Tax 1D: 33-0315864 Until 2009, Mercy House was known as Mercy House Transitional Living Centers. With the development of the Rapid Re -Housing Program and the Family Redirection Program, it became clear that permanent housing had emerged as a more viable solution to ending homelessness for many clients. On February 6, 2009, Mercy House changed its name to Mercy House Living Centers. Keys to Organizational Success • Build and leverage strong, active board of directors. • Only engage in projects and services that support identified primary strategic programs • Continue to design and implement strict financial controls and accountability • Align programs and services to national best practices to ensure effective service, delivery, better housing outcomes and increased cost effectiveness. Organizational Management Board of Directors The Board of Directors exists to advocate on behalf of the homeless. This entity has a responsibility to the agency to co -create and provide resources necessary for the mission and strategic development of Mercy House with the Executive Director. Board members are expected to contribute financially to the agency and secure outside monetary contributions through personal and corporate contacts. It is an expectation that the Board members attend bi-monthly meetings where they review important and relevant information relating to the agency's mission. Subcommittees of the Board address specific needs including strategic planning, fundraising and resource development, board development, overseeing audit activities, legal, human resources and agency finances. The Board holds responsibility for the operation of Mercy House. The Executive Director's performance is managed by the Board. This allows the staff (including the Page 4 of 13 Executive Director) to be held accountable to ensure effective service delivery, honest use of funds, and dignified general operations. Our current Board of Directors is a mix of 20 members, including participation by a formerly homeless individual. They come from a variety of sources, with varying professions. Some have been with Mercy House since its inception and have seen the agency through its entire history, whereas, others are new and bring an outside perspective. Executive Leadership Larry Haynes is the driving force behind the organization and fills the executive director role since 1990. His accomplishments include: • More than 27 years' experience as Executive Director of Mercy House, one of the longest tenures in Orange County, Calif. • Grew current agency from the smallest most unstable shelter provider to one of the most respected homeless service providers in Orange County and throughout Southern California. • Increased current agency's financial position from $20,000 in cash and no assets to an agency with several million dollars in assets, three months operating reserve, and no current debt service. • Speaker at numerous local, state, and national workshops and conferences on homelessness, housing, and leadership issues. • Led Mercy House in winning contract and operating the Orange County Cold Weather Armory Emergency Shelter in 2008, increasing services and security while serving more than 2,000 unduplicated homeless individuals during a five- month period annually. • Created and acquired funding for the Family Redirection Program during the Armory program, preventing hundreds of families with children from having to spend a night in an armory. Since inception this program has served nearly 2,000 families including more than 7,000 parents and children. Patti Long -Associate Director As Operations Director, Patti oversees and is responsible for all of the daily activities of the agency, concretely implementing on behalf of the Executive Director the agency's mission as defined by the Board of Directors. All staff, with the exceptions of the Executive and Housing Directors, report to the Operations Director. This is an inherently dynamic position whose duties will be in constant motion. Therefore, flexibility and creativity are of premium value. The Operations Director reports to the Executive Director. Further responsibilities include managing and supervising identified staff, and coordinating trainings and orientations when needed. Page 5 of 13 Fi l l Linda Wilson - Housing Director As Housing Director, Linda oversees the agency's housing programs, partner relations, and significantly assists with special projects that add meaningful value to the agency's system of care. This is an inherently dynamic position whose duties will be in constant motion. Therefore, flexibility and creativity are of premium value. The Housing Director reports directly to the Executive Director. Further responsibilities include the design and implementation of ongoing operations for supportive housing programs, develop and implementation of Aftercare and support services, delivering Aftercare Services to Mercy House graduates in the voucher program, delivering Aftercare Services to Mercy House graduate residing at San Miguel, and the development and implementation of new projects as identified by Executive and Operations Directors. Allison Davenport - Program Development and Compliance Director As the Program Development and Compliance Director, Allison is responsible for providing support to the Associate Director to ensure effective and compliant service delivery of existing and expansion projects. This position manages the agency's public and private grants including procurement, compliance, contracts and reporting. This position also manages and oversees the agency data and program evaluation. She reports directly to the Associate Director. Management of Finances Mercy House recognizes it is responsible for establishing and maintaining effective internal controls to ensure compliance with laws, regulations, contracts, and grants applicable to federal, state, local, and private funding. As a result, Mercy House has established fiscal accounting procedures in accordance with the Financial Accounting Standards Board (FASB) and as needed, GASB. Mercy House follows certain precepts in the conduct of its activities that include: • A Board of Directors to oversee business activities • Written policies for all accounting procedures and internal controls • Separation of accounting duties and responsibilities • Use software for accounting procedures that can track how grant money is spent • An annual outside audit after the fiscal year end (June 30) The objective of these practices is intended to: • Provide a reasonable assurance that all assets are safeguarded against loss by unauthorized use or disposition • Ensure all transactions are executed in compliance with management authorizations and are recorded properly and accurately in accordance with generally accepted accounting principles Page 6 of 13 80A-11 • Adequately maintain records and internal control procedures to ensure compliance with laws and regulations Mercy House has a full-time Finance Manager and supporting accounting team, who are responsible for the following bookkeeping activities: managing accounts payable, cash receipts and payroll; preparing monthly financial statements and grant billings and assisting with the annual budget and audit. Our Operations Director oversees all financial activities. Our Finance Manager and Operations Director will review financial statements and budgets with each Program Manager on a regular basis and will make adjustments on spending as necessary. We utilize a fund accounting system designed specifically for non-profit agencies. We use a cash -basis accounting system. Our Finance Manager prepares the following reports on a monthly basis: balance sheet, profit and loss statement, general ledger, grant general ledgers, a functional expense report, and other reports as needed and required. A Certified Public Accountant who is a member of the Board of Directors is responsible for reviewing all financial statements on a monthly basis, presenting the organization's financial status at monthly Board meetings, securing Board approval of financials and preparing the annual tax returns. Keys to Organizational Success • Build and leverage strong, active board of directors. • Only engage in projects and services that support identified primary strategic programs. • Continue to design and implement strict financial controls and accountability. • Align programs and services to national best practices to ensure effective service delivery, better housing outcomes and increased cost effectiveness. Market Analysis Orange County Housing Challenges According to the Orange County Community Indicators Report (2017), the following present key indicators of homelessness and housing stability challenges for Orange County residents: Rental Affordability In 2017, the hourly wage needed to afford a median -priced one -bedroom unit was $27.62, equivalent to an annual income of $57,440. This Housing Wage is up from $25.46 in 2016 and above the previous five-year average of $25.37. Workers earning above Page 7 of 13 80A-12 minimum wage, but below the Housing Wage of $27.62 may experience increased economic insecurity, as a larger proportion of their earnings must go towards housing. High rent burden can also lead to overcrowding and homelessness. $28/HOUR NEEDED TO AFFORD A ONE -BEDROOM MINIMUM WAGE INCREASES INSUFFICIENT IN THE IN ORANGE COUNTY FACE OF ORANGE COUNTY'S HEFTY RENT BURDEN Reglonal Comparison pf the Houdy Wage Needed to Afield Rental Market Af(ardabNty in Orange County. ]016 and 2017 a One -Bedroom Unit. 2017 f I k 8 Zi s _ a `______ U - 2016 .017 MEDIAN MARKET RENT (MONTHLY) $1,324 $1,436 jONEBEDROOM TWO BEDROOM $ 1.672 $ 1,613 THREE BEDROOM $2.322 S2.531 AMOUNT A HOUSEHOLD WITH ONE 5 520 S 546 MINIMUM WAGE EARNER CAN AFFORD TO PAY IN RENT (MONTHLY) NUMBER OF HOURS PER WEEK A MINIMUM WAGE EARNER MUST WORK TO AFFORD A ONE -BEDROOM APARTMENT 102 IDS SanctiC.." avrice:h.s Rtgu!enat—at Fair 1111Anu rbua hdn nc� Sou eei Conunw!Y/^dke[o-f hoo,temyvz a/FNr KVFe(Rmt tla[e/ Me US OeN `u of Hw,yYp am'r n Melyvnent (wwivlu,W!nmp)uf4g us papartmenl I Heusv mM.Oew'be—l(mvwhadus o.a the tM metlroauYx]ya/Me Nafiwlfan lntm�e Nauhg Ca+n:vn (.n.wM+evpk melhaddu]yot[l,e NeevultnNlncame lbuv,g CwGrm (nm>•MiM1Gwyl GlAanle Emp(tymml Cewlpv,anlCms'Nsn((x'x�veddNpav) In Orange County, median hourly wages for carpenters, machinists and administrative assistants are too low to afford median rent for a one -bedroom unit. Wages for personal care aides and retail salespersons are lower still, less than half the amount needed to afford a one -bedroom unit. For these lower-income workers, a substantial proportion of their personal income must go toward housing, leaving less for other basic needs and unexpected expenses. High rent burden can also lead to overcrowding, when families double- or triple -up in a house to save money on rent, or homelessness if a family or individual gets behind on rent or cannot afford the upfront costs of renting. RENT BURDEN IS HIGH FOR MANY LOWER -WAGE WORKERS Hourly Wage Needed to Afford a Median One -Bedroom Unit in Omoge County (20U) Compared to Medan Local Wages in Selected Occupations (3rd Quarter 2016) Software D2VBIRRer Biomedical Engineer Registered Nurse Computer Programmer Carpenter Setreter,%dministralaw Assistant Machinist Retail Salesperson Personal Care Aide Soun-er Ca,rmurr:rylMieafors Report e,ralysis aIFALMariet Rent cars from the US Oepartnxnf olHausn9 a,M lNhen OevNpmrars uam9 tMn:ethaadroay atthe Ne'Avl Low1.Houmrg Oaastion GV17M,u Wa9U U8(arvaF.NPyment Oerplmmenf CeOv:ment Occuverm ml Fmpbyrnml3N(ena (3AQUNer20i6) Page 8 of 13 Homeless Point -in -Time Count The Homeless Point -in -Time Count and Survey is conducted every two years during the last part of January. Since 2013, Orange County has seen a continuous increase in the number of homeless persons in the community. The 2017 Point -in -Time Count revealed that the number of unsheltered homeless individuals increased since the 2015 count. A total of 2,584 unsheltered homeless individuals were found to be living on the streets of Orange County compared to the 2,201 individuals counted in 2015. Numbers of Unsheltered and Sheltered Number of People Experiencing Homeless Persons, 2013 - 2017 Homelessness January 27, 2017 6000 4,792 people were homeless in Orange County 5000 on January 27-2811h 4000 3000 2000 • _ 1000 - 3.090,132 4,251 - -- 0.14% 0 3,145,515 4,452 0.14% t1 2013 2015 2017 3,194,024- 4,792 — 0.15% f ■Sheltered ■unsheltered JJ ®�OCLS F.sStrat"' -nd Program Implementation and Strategic Changes Mercy House first began operation of the Joseph House Transitional Shelter Program in 1990. It was designed to meet the needs of 10 homeless, single men within the community. Since that time, Joseph House rapidly expanded to provide shelter and supportive services to 21 homeless single men. Though homeless single men have consistently been overrepresented in Orange County Homeless Point -in - Time counts, the services available to them have not been able to meet their large numbers. As homeless services continue to grow and adapt to the needs of specific subpopulations including homeless families, the chronically homeless, individuals facing domestic violence and veterans, there continues to be a lack of • A 2 .� Bridges at Kraemer Place: Bridges at Krae mer Place Is a 24-hour emergency shelter facility In the City of Anaheim. Currently In Phase 1, Bridges serves 100 adult men and women by providing emergency shelter, housing search and support, and offers additional supportive services. Phase 2wlll serve up to 200 men and women In 2018 and will operate a full multi -service center, on-site health clinic, full kitchen, and more. Page 9 of 13 services designed specifically for single, homeless men. For many years, Joseph House served as one of the only shelters in Orange County serving single men. In May 2017, Mercy House began operations of Bridges at Kraemer Place a 200 -bed year round shelter for single adult men and women, replacing the need for the Joseph House facility to continue to operate as a transitional shelter. Additionally, the County of Orange in partnership with the City of Santa Ana began operations of the Courtyard in the City of Santa Ana further reducing a local need for shelter beds for single adults. While the need for shelter beds has diminished as demonstrated in the analysis of Orange County's housing market, there is a strong need in the community for the development of affordable housing for low-income including formerly homeless individuals. In response to this need, "Joseph House" will be modified to "Joseph Residence" a 3 unit, 15 -bed facility exclusively providing permanent housing with supportive services for single, homeless or low-income men from the community. Joseph Residence Permanent Housing Program The Joseph Residence Permanent Housing Program will be designed to provide low- income permanent housing with supportive services to 15 low-income single men including but not limited to those who are homeless or may have other barriers to housing. Two units have already been converted and one remaining unit will be converted to permanent housing. Each unit has two bedrooms. One will bedroom in each unit will house 4 single men in permanent housing; the remaining bedroom will house 1 single homeless man. Bedrooms will not have private bathrooms. Each unit offers a communal kitchen, dining area, and living area with shared bathrooms. Mercy House staff will be available to provide required supportive services include case management and life skills classes as well as emergency and maintenance assistance. The targeted outcome for each individual will be long-term, stable housing. Each client will be provided with case management to identify barriers to permanent housing, with the ultimate goal being stable housing for each individual, whether that is through our permanent housing programs, or permanent housing outside of Mercy House's Continuum of Care. Eligibility for Admission To be eligible for admission to the Joseph Residence Permanent Housing Program, an applicant must be documented and of legal age (18 years of age or older). Page 10 of 13 Every participant will be required to meet the definition of homelessness as set forth by HUD and will be required to be under 80% Area Median Income at time of entry and throughout their stay. Applicants must be single men and homeless or at risk of homelessness and be willing to live in a shared space facility. All applicants will be considered individually. Applicants will be considered when they complete the application packet and the following criteria are met: 1) Applicant can exhibit documentation confirm homeless status 2) Applicant's verified minimum monthly gross income is $100 over the amount of resident's rent payment. 3) Household's annual income does not exceed the low-income limits (80% of area median income) as established by HUD. 4) Household income is such that applicant can satisfactorily meet their debt obligations without subtracting from other necessary living expenses. This includes payment of rent, current debt payments and basic necessities. 5) No eviction history for a period of 2 years prior to entry 6) No history of criminal convictions for sex offenses, violent crimes and distribution of drugs. No outstanding felony warrants. 7) No record of disturbance of neighbors, damage to or destruction of property, living or housekeeping habits at prior residences, which adversely affects the health, safety or welfare of other tenants. 8) Willing and able to live cooperatively in a communal living situation and abide by the policies outlined in the Joseph Residence Rules of Occupancy and Rental Agreement addendums. 9) Willing to participate in annual recertification meetings to verify income and continued eligibility. Residents for the Joseph Residence Permanent Supportive Housing Program will be selected based on their eligibility as well as their need for low-income housing and the statutory purpose in leasing a socially and financially sound housing development, which provides not only a decent home and suitable living environment, but fosters economic and social diversity in the tenant body as a whole. Definition of Homelessness All clients receiving services through the Joseph Residence Permanent Housing Program will be required to be homeless as defined by the HEARTH Act's Final Rule Defining Homelessness (76 FR 75994) published on December 5, 2011. 1. Category 1 - Literal Homelessness: Page 11 of 13 (1) Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) Has a primary nighttime residence that is a public or private place not meant for human habitation; (ii) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or (iii) Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution Transitional housing for homeless persons who originally came from the streets or emergency shelters. 2. Category 2 - Imminent Risk of Homelessness: (2) Individual or family who will imminently lose their primary nighttime residence, provided that: (i) Residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (iii) The individual or family lacks the resources or support networks needed to obtain other permanent housing. 3. Category 3 - Homeless Under Other Statutes (3) Unaccompanied youth under 25 years of age, or families with Category 3 children and youth, who do not otherwise qualify as homeless under this definition, but who: (1) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (iii) Have experienced persistent instability as measured by two moves or more during in the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers. Structure and Location Joseph Residence is located in the city of Santa Ana in the French Park neighborhood. Mercy House owns three properties in the same neighborhood and has been an active participant in the community since 1990. The Joseph Residence property has access to grocery stores, restaurants and public transportation. The property is comprised of four units, three of which will be used for permanent housing with supportive services. The three units are 2 -bedroom units with adequate cooking and hygiene facilities. The fourth unit is occupied by an on-site residential coordinator. Zoning and Uses Mercy House is currently operating Joseph House under a Conditional Use Permit that allows the housing of homeless single men. Page 12 of 13 80A-17 Rehabilitation for Use as Permanent Housing Facility The Joseph Residence facility would require little rehabilitation to transition to a permanent housing facility. During the past year Mercy House made a number of minor repairs to the units. Prior to lease up Mercy House will inspect the units again for any necessary repairs and/or alterations in preparation for new low-income tenants. It is not anticipated that these repairs would significantly delay project start-up. On-going Maintenance of the Facility Mercy House has on staff Maintenance Managers who are in charge of regular maintenance and repair of Mercy House's facilities including the Joseph House Facility. Additionally, Mercy House has connections to a network of professional service volunteers who provide pro-bono services such as plumbing, electrical and landscaping as needs should arise. Volunteer groups will be recruited to support facility beautification projects that include upgrades to the facility grounds and gardens, interior furniture replacement as well as interior and exterior painting projects. Mercy House also allocates a percentage of funding as replacement reserves that may be used for special projects to improve the facility, regular maintenance and replacement of furniture as needed. Strategies for Sustainability and Leveraging Mercy House has consistently funded the operations of Joseph House as a transitional shelter for over 25 years and as such has garnered a variety of both public and private resources to support the project. In moving to a permanent housing facility, Mercy House will effectively communicate the programmatic changes to these partners to ensure continued support of the project. As part of its resource development strategies, Mercy House is engaged in ongoing funding research that replaces, supplants or provides new funding opportunities. Page 13 of 13 Exhibit 2 i SECOND AMENDMENT TO HOUSING DEVELOPMENT LOAN AGREEMENT AND AFFORDABLE HOUSING COVENANTS THIS SECOND AMENDMENT TO HOUSING DEVELOPMENT LOAN AGREEMENT AND AFFORDABLE HOUSING COVENANTS, made and entered into this 29th day of September, 2017, by and between MERCY HOUSE LIVING CENTERS, formerly known as MERCY HOUSING TRANSITIONAL LIVING CENTERS, a California non-profit public benefit corporation ("Developer"), the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and the Housing Authority of the City of Santa Ana acting as the Successor Housing Agency to the Community Redevelopment Agency of the City of Santa Ana ("Successor Housing Agency"). RECITALS A. The City and Successor Housing Agency entered into a Housing Development Loan Agreement and Affordable Housing Covenants with Developer, dated April 11, 2006, to provide financial. assistance from Redevelopment funds and the United States Department of Housing and Urban Development ("HUD") under the HOME Investment Partnership Program ("HOME Program") for the rehabilitation of the Joseph House Project located at 210 East Sixteenth Street, Santa Ana, for the operation of a transitional living center for homeless, single men ("said Agreement'). B. Due to funding and policy changes at the federal level, a First Amendment to the Agreement was entered into on December 1, 2016, to modify the Joseph House transitional housing program to become a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single, homeless men from the community. The proposed program modification from a transitional shelter to a dual-purpose model included the following: (1) Transition two units of transitional housing into permanent housing with supportive services, offering low rental costs in compliance with HOME low rents to meet the needs of low-income homeless men in the community; (2) One unit to continue operating as a transitional housing program; and (3) Leverage rapid re -housing funds to reduce the length of time clients stay at the shelter with the goal of connecting them to permanent affordable housing opportunities. C. Due to the need for affordable housing for formerly homeless and low-income individuals, and in accordance with the terms and conditions of said Agreement, the parties seek to further amend the Housing Development Loan Agreement and Affordable Housing Covenants to allow for the remaining transitional housing unit to be turned into affordable housing and dissolve transitional shelter at the site. NOW THEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement and the First Amendment to the Agreement, except as herein modified, the parties agree as follows: Section 1. 1, Defined Terms, the first sentence of the definition of "Property" shall be amended in pertinent part to read as follows: "The Property is located in the City of Santa Ana, and is used as permanent housing with supportive services for single, homeless or low-income men from the community." 2. Section 5.4, Other Terms and Conditions of Loan, subsection (5) shall be amended to read as follows: "failure of Developer or a subsequent owner*to use the Property for the purpose of permanent housing with supportive services for single, homeless or low-income men from the community." 3. Section 7. 1, Use and Maintenance of the Property, subsection (B) shall be amended to read as follows: "Use the Property as a facility offering permanent housing with supportive services for single, homeless or low-income individuals from the community, as detailed in the Developer's Plan attached hereto as Exhibit G-1 and incorporated herein by this reference." 4. Except as hereinabove modified in this Second Amendment, the terms of said Agreement as modified by the First Amendment shall remain in full force and effect. In the event of any conflict between the tenns of this Second Amendment and the terns of said Agreement and First Amendment, the terms of this Second Amendment shall control. --signature page to follow-- Fi IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to said Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Recording Secretary APPROVED AS TO FORM: SONJA7R. C,ARVALHO Raul Godinez II City Manager HOUSING AUTHORITY OF THE CITY OF SANTA ANA e ROBERT M. ZUR SCHMIEDE Attorney Interim Executive Director— Housing Authority DEVELOPER MERCY USE LIVING CENTERS By: Title: a 80A-21 80A-22