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HomeMy WebLinkAbout93-15 - Management Plan for Costa Mesa Village Single Room Occupancy Housing Project325 RESOLUTION NO. 93-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A MANAGEMENT PLAN FOR THE COSTA MESA VILLAGE SINGLE -ROOM OCCUPANCY HOUSING PROJECT. WHEREAS, Costa Mesa Village, Ltd., a California limited partnership ("Developer"), has contracted to purchase certain real property located within the City of Costa Mesa at 2450 Newport Boulevard (the "Property"), along with the improvements on the Property including, among other things, the ninety-six (96) unit motel known as the Travelodge (the "Improvements"); and WHEREAS, the Developer desires to rehabilitate the Improvements and convert the units therein from hotel use to a single -room occupancy housing project (the "Project"), including ninety-five (95) single -room occupancy units which will be made available at affordable housing cost to very low income households and one (1) management unit to be made available at affordable housing cost to a low income household; and WHEREAS, the Planning Commission of the City of Costa Mesa, at its meeting of November 25, 1991, approved a Conditional Use Permit, Planning Action PA -91-102 (the "CUP") for the Project subject to certain conditions; and WHEREAS, by its Resolution No. 142-92, the Costa Mesa Redevelopment Agency (the "Agency") approved certain documents relating to the financing, acquisition, rehabilitation, operation, and management of the Project, including an Owner Participation Agreement (the "OPA") whereby the Agency agreed to loan certain funds to the Developer for the Project; and WHEREAS, by Agency Resolution No. 142-92, and City Council Resolution No. 92-94, the Agency and the City Council of the City of Costa Mesa approved a Cooperation Agreement by and between the City of Costa Mesa and the Agency (the "Cooperation Agreement") whereby the City agreed to loan the sum of Two Hundred Thousand Dollars ($200,000.00) to the Agency to be used to provide a portion of the financial assistance to the Developer pursuant to the OPA; and WHEREAS, in furtherance of the Cooperation Agreement and the OPA and as required as a condition of approval of the CUP, a Management Plan establishing certain requirements and procedures for the successful operation and management of the Project has been submitted to the City for approval; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council finds and determines that the Management Plan is consistent with and in furtherance of the CUP, Council Policy No. 500-5, and the Cooperation Agreement and is in the best interest of the health, safety, and welfare of the City of Costa Mesa and hereby approves the Management Plan in the form attached hereto as Exhibit "A". 2. The City Manager is hereby authorized and directed to execute the Management Plan on behalf of the City and to execute any further documents and take any further actions necessary or appropriate to implement the Management Plan. Seg PASSED AND ADOPTED this 1st day of March, 1993. � `vG Mayor of the City of Costa Mesa ATTEST: &42eA,J 61 City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 93-15 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 1st day of March, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City, of Costa Mesa this 2nd day of March, 1993. City Clerk and ex -officio Clerk oM7e City Council of the City of Costa 1 SINGLE -ROOM OCCUPANCY HOUSING MANAGEMENT PLAN (2450 Newport Boulevard) THIS SINGLE ROOM OCCUPANCY MANAGEMENT PLAN (the 'Management Plan") is made and executed by COSTA MESA VILLAGE, LTD., a California limited partnership (the "Owner"), in satisfaction of the requirements of the City of Costa Mesa (the "City"), Costa Mesa Redevelopment Agency, City of Costa Mesa, California (the "Agency"), and the Orange County Housing Authority ("OCHA"), as of the date set forth below. This Management Plan is required by the City of Costa Mesa as a condition of approval pursuant to Conditional Use Permit No. PA 91-102 (the "CUP") for the operation of a � ninety-.1,funit single room occupancy housing project QJ K located a2950 'l�ewport Boulevard, Costa Mesa (the "Project"). The Project is further described in the "Legal Description" which is attached hereto as Attachment No. 1 and incorporated herein by reference. This Management Plan is binding upon the Owner as the owner and -operator of the Project, and shall run with the land and be binding upon successive owners and operators of the Project (as appropriate, the "Owner"). The City requires management plans for Single Room Occupancy housing projects ("SRO") due to the unique needs of this type of high density housing which is designed for tenants of very low income at an affordable rent. As a result, the requirements of this Management Plan are much more extensive and costly than the management and operation of other types of rental housing. Adequate staffing, equal access to housing by all persons, and high levels of internal security and vehicle security are all important components of this Management Plan. Due to the additional needs of SRO projects, a 24-hour, live-in manager along with extensive support staff is needed. Special equal opportunity rules are set forth herein due to the anticipated high demand for residency in the Project, and the need to ensure that access to the Project is fairly distributed. Special security measures are needed to create the perception that SRO units are secure and safe so as to attract and maintain high quality tenants. Exhibit "A" Resolution No. 93-15 Page 1 of 18 328 This Project is subject to a "Regulatory Agreement" between the Owner, the Agency and OCHA (the "Regulatory Agreement"). The purpose of the Regulatory Agreement is to provide that all of the units in the Project will be rented to •Very Low Income" tenants, at an "Affordable Rent," and that the Project will be kept and maintained in a decent, safe and sanitary condition. All requirements of the Regulatory Agreement will apply in excess of the requirements set forth in this Management Plan. Due to the special needs of SRO projects for heightened maintenance, security and access, this Management Plan shall be construed in the manner which best comports with the policies set forth in this Section I, the Regulatory Agreement, and City Council Policy No. 500-5. A. Property Manager. National Housing Ministries is designated by the Owner to serve as the "Property Manager" or "Property Management" for the Project. In the event that the Owner desires to replace National Housing Ministries as the Property Manager, the fawner shall give written notice thereof to the City and shall obtain the consent of the City, Agency and OCHA prior to designation of the replacement Property Manager. 'The Property Manager shall have overall responsibility for management of housing operations. The Property Manager shall hire, train and supervise the "Resident Manager" (as defined in Paragraph B below). The Property Manager shall regularly make contact regarding the overall management and maintenance of the Project with the City through the Redevelopment Project Manager of the Agency. The Property Manager must consult with the Owner before taking action in those areas relating to the Owner's goals and contractual responsibilities such as: 1. Adoption of the operating budget. 2. Substantial repairs and physical improvements above the $5,000 threshhold set forth in Paragraph D below. 3. Any changes in rental amounts. 4. Applications for release of reserve for replacement funds. 5. Changes in priorities or criteria for resident selection. 6. Selection of banking institutions. 7. Selection of insurance agent. Exhibit "A" Resolution No. 93-15 Page 2 of 18 1 S. Selection of other major service agents providing service to the Project. The Property Manager is free to act within the limitations of this Management Plan, and other policies set by the Owner. The Agent may: 1. Begin and complete eviction proceedings on delinquent rental accounts without consulting the Owner. 2. Make repairs of less than Five Thousand dollars ($5,000). 3. Process rental applications within the guidelines of the program of the Regulatory Agencies. 4. Show the premises to prospective residents. 5. Prepare approved leases. 6. Process accounting procedures as required by directives of the regulatory agency. B. Resident Manaaer. The Resident Manager shall reside within the Project and shall be responsible for the day-to-day operation of the Project. The Resident Manager shall report directly to the Property Manager. The Resident Manager (or the Acting Resident Manager, as set forth below) shall be either onsite or accessible to Project staff, the Property Manager and the tenants of the Project twenty-four hours per day, seven days per week. In the absence of the Resident Manager for vacations, off-site business, etc., the Property Manager shall designate an Acting Resident Manager who shall be onsite or accessible in the same manner as required of the Resident Manager. C. Other Staff. All staff shall be hired by, trained by and be the responsibility of the Property Manager. D. Maintenance Staff. Maintenance personnel shall be on an on-call or contracting basis. The Property Manager shall have authority to employ such contract maintenance workers from a pre -approved list for repairs up to a maximum value of $5,000, or in case of an emergency to protect the Project and tenants from further damage or hazardous conditions. E. Policies and Goals. The Owner will set policies and goals for the Property Manager. The Owner will review, as needed, the goals and objectives of the Project operation with the Property Manager. The Owner will not direct or interfere with the Property Manager in the day-to-day operations of the Project. Exhibit "A" Resolution No. 93-15 Page 3 of 18 329 330 F. Overating Budget and Expenditures. The Owner will review and approve the annual operating budget submitted by the Property Manager. The Owner shall require that the Property Manager secure prior approval for any expenditure which exceeds Five Thousand dollars ($5,000) in any one instance for labor and materials in connection with maintenance and repair of the Project. G. Authority in Emergencies. In case of emergencies that endanger life or property which may necessitate larger expenditures, the Property Manager shall have authority to take corrective action without the prior approval of the Owner. H. Regulatory Agency Reguirements. The Owner shall require the Property Manager to follow and implement all requirements of the Regulatory Agencies. A. Goals and Objectives. The objective of tenant selection procedures and occupancy standards shall be to maintain acceptable standards of behavior in the Project, and to ensure that the selection and eviction of tenants is fair and in compliance with all state and federal fair housing laws. B. Selection Procedure. The Property Manager shall obtain names of prospective tenants in the manner described in Section III (E) below. The Resident Manager will be responsible for selecting tenants of the Project based upon criteria established by the Owner and the Regulatory Agencies. The following procedures shall be followed for each application: 1. The potential resident shall fill out an application for tenancy in the Project Office. At the time of application, or promptly thereafter, the Resident Manager shall interview each applicant. The Resident Manager shall conduct an in-depth interview and ascertain the applicant's overall attitude and desirability as a resident. The applicant shall provide information necessary for financial, personal, and credit verification checks. 2. The applicant must receive and read the "Good Neighbor Rules" and indicate an understanding of and a desire to abide by them. 3. The Resident Manager or Property Manager shall contact personal references provided by the applicant. Exhibit "A" Resolution No. 93-15 Page 4 of 18 1 4. The Resident Manager or Property Manager shall contact former landlords of applicants to determine the desirability of the applicant as a resident. 5. The Resident Manager or Property Manager shall perform a credit check and an unlawful detainer check with respect to each applicant. 6. Applicants with a prior history of assaultive, abusive, or destructive behavior shall not be admitted regardless of ability to pay. Mental illness or a history of chemical dependency will not per se be reasons for denial. However, the Resident Manager shall be responsible for contacting social service agencies with knowledge of such applicants and obtaining information on the applicants' status before making a decision. 7. If the applicant is rejected, the Resident Manager shall notify the applicant in writing. Detailed notes shall be kept regarding this process for a minimum of three (3) years from the date of application. C. Income Elioibility. 1. Initial determination of eligibility: The Owner shall verify the income certification of each applicant in one or more of the following methods as appropriate: (a) obtain certification from OCHA verifying the applicant's income. (b) obtain two (2) paycheck stubs from the applicant's two (2) most recent pay periods. (c) obtain a true copy of an income tax return from the applicant for the most recent tax year in which a return was filed. (d) obtain an income verification certification from the employer of the applicant. (e) obtain an income verification certification from the Social Security Administration and/or the California Exhibit "A" Resolution No. 93-15 Page 5 of 18 �1 3_#2 Department of Social Services if the applicant receives assistance from such agencies. (f) obtain an alternate form of income verification, if none of the above forms of verification is available to the Owner. 2. Recertification procedure: The Property Manager shall notify the resident when recertification is due. The Property Manager shall interview the resident to obtain information on his or her income. The Property Manager shall verify income, in the same manner set forth for initial certification of applicant's income. The recertification process shall begin ninety-five (95) days prior to each anniversary date of the resident's initial occupancy of the Project and shall proceed as follows: The resident shall have ten (10) days in which to come to the office for an interview. The Property Manager shall then allow twenty (20) days for receiving verification forms back from the income source(s). The Property Manager shall have thirty (30) days from such time in which to calculate rent and have the resident sign papers. The Property Manager shall give at least thirty (30) days prior notice of rent increases when rents are adjusted at the start of the new fiscal following year. If it is determined a person is no longer qualified for the -unit in which he or she is located, the person's tenancy shall be terminated within six months of such time. The Property Manager and the resident shall both execute a lease addendum changing the amount of rent due when rent is adjusted at the start of a new fiscal year. The resident shall receive a copy of the recertification documents and a copy shall be placed in the resident's file. D. Tenant Orientation. After selection, residents shall receive orientation to all rules and regulations pertaining to occupancy by Project personnel. E. Waiting List. The Property Manager shall establish a list of persons interested in being contacted about vacancies in the Project. The Property Manager shall verify the income Exhibit "A" Resolution No. 93-15 Page 6 of 18 1 of each person interested in tenancy in the Project in one or more of the methods set forth in Section III (C) of this Management Plan. The Property Manager shall place such persons on the interest list only after its determination that such person is a very low income person and otherwise qualified to be a tenant of the Project. The Property Manager shall place such advertisements, post such notices and contact such employers and public offices as necessary to ensure that sufficient persons are placed on the interest list to provide tenants for Project vacancies. The Property Manager may obtain assistance from OCHA, the Agency or the City in undertaking any of its obligations under this paragraph E. In this regard, OCHA may compile and provide to the Property Manager a list of prospective tenants whose income eligibility has been verified by OCHA in the manner set forth in Section III (C) herein. F. Devosits. Tenants may be charged a security deposit, the amount of which shall not exceed one-half of the current maximum rental amount for that unit. Any tenants who cannot afford to pay the full amount of the security deposit shall be offered one or more forms of assistance, including a plan to pay the deposit in three or more monthly installments and/or down payment assistance grants or loans from OCHA. In addition, all tenants will be charged a security deposit for the gate key card or transmitter issued to Tenants. The amount of the key card/transmitter security deposit shall not exceed Twenty -Five Dollars ($25.00). Upon the vacation of a unit, and provided the key card/transmitter is returned and there is no damage to the unit or missing items, the full deposit shall be refunded. Deposit refunds shall be processed by the Property Manager upon receipt of a certification from the Resident Manager. The Property Manager shall comply with applicable California law regarding security deposits and the return thereof. G. Door Locks/Keys. Each unit shall have two keys or key cards available at all times --ane issued to the tenant and one retained in the Project office. The second key or key card shall DQt be given out. Keys for rooms will be stamped with words to the effect of "Do Not Duplicate." If the tenant loses a key or key card, the Resident Manager shall use the second key or key card to have a duplicate made and shall charge the tenant not more than twenty-five dollars ($25.00) for the lost key or key card. No lobby front door keys will be issued to tenants. Lock sets shall be changed periodically and in each case in which a tenant vacates without turning in the key or key card. The Resident Manager will have a master key or key card to all rooms. Tenants are prohibited from placing padlocks or other locking devices on doors to their rooms. H. Rules. Copies of the House Rules (attached hereto as Attachment No. 2 and incorporated herein) will be posted in the Lobby. The House Rules may be changed from time to time with the prior consent of the City. Upon admission of each Exhibit "A" Resolution No. 93-15 Page 7 of 18 334 resident, the Resident Manager shall discuss generally and provide each new tenant with a copy of the House Rules and the tenant shall sign one copy which shall be kept on file with the Resident Manager. The Property Manager shall strictly enforce all House Rules. I. Miscellaneous provisions. (a) No pets are allowed. (b) Absences from the apartment for more than one (1) month shall require the prior written approval of the Property Manager. Each case will be decided on its own merits. (c) If a resident is incapacitated by poor physical health, the Property Manager shall assist the resident in obtaining attendants or seeking other housing. (d) The Owner, Property Manager, and residents will endeavor to establish a resident council to deal with issues pertaining to preparedness and emergency procedures in the event of a disaster. (e) The Property Manager shall implement all resident occupancy standards found in the Regulatory Agreements. (f) The Property Manager shall offer optional linen service to tenants, at no additional charge above basic rent. (g) The Property Manager shall install within the Project bicycle racks or similar facilities adequate for the safe and secure storage of bicycles owned by tenants. A. General Collection Procedures. The Property Manager shall be responsible for the collection of rent. All rents shall be due on the first of the month and delinquent after the fifth (5th) of the month. On the sixth (6th) day of the month, if rents have not been received, the Property Manager will send out three day notices to pay rent or quit and demanding payment but also offering an opportunity for the tenant to discuss the delinquency with the Property Manager and work out a mutually acceptable plan for payment. If, after the prescribed time, no effort has been made by the resident to make payment, the matter shall promptly be turned over to an attorney for eviction and/or collection action. Partial rent payments will Exhibit "A" Resolution No. 93-15 Page 8 of 18 3,35 only be accepted after consultation with the Property Manager. Partial payments must be made in advance rather than after the rent is due. Eviction proceedings will be initiated by the Property Manager. It is expected that approximately sixty (60) days is required to complete the eviction process. If rent is paid prior to the date scheduled for unlawful detainer trial, any eviction proceedings may be terminated. Rent adjustments shall be implemented in accordance with the Regulatory Agreements. Efforts shall be made at the time a resident vacates a unit within the Project to collect any costs of repairing damage to the Unit. An exit inspection shall be conducted by the Resident Manager to serve as the basis for this determination. In the case of an eviction, damage costs shall be added to the final settlement and reasonable efforts shall be made to collect them. B. procedures For Appeal and Grievance. The Resident Manager shall respond to all complaints received. If the complaining resident is not satisfied with the response of the Resident Manager, the complaining resident may appeal the decision to the Property Manager. The Resident Manager shall give written notice to each resident of lease violations. The Resident Manager shall attempt to hold informal discussions between the resident .and the Property Manager regarding non -monetary lease violations. If such lease violations have not been cured within a reasonable time after notice is given, eviction proceedings may be started with the approval and advice of the Owner. V. MAINTENANCE POLICIES w. IN -SIT -11 - 1. Landscaping. No improperly maintained landscaping on the Project shall be visible from public streets '- and/or rights of way, including: (a) lawns with grasses in excess of six (6) inches in height; (b) untrimmed hedges; (c) trees, shrubbery, lawns, and other plant life dying from lack of water or other necessary maintenance; Exhibit "A" Resolution No. 93-15 Page 9 of 18 336 maintained, (d) trees and shrubbery grown uncontrolled without proper pruning; (e) vegetation so overgrown as to be likely to harbor rats or vermin; (f) dead, decayed or diseased trees, weeds and other vegetation. 2. Yard Areas. Yard areas in the Project shall be including: (a) No broken or discarded furniture, appliances and other household equipment are allowed in yard areas; and (b) No packing boxes, lumber, trash, dirt and other debris are allowed in yards; and (c) No unscreened trash cans, bins or containers are allowed in yard areas; and (d) No vehicles may be parked in other than approved parking areas. No vehicles may be stored within the Project. All vehicles parked within the Project must be licensed and operable, or they shall be removed by the Property Manager. 3. Buildinas. No buildings in the Project may be left in an unmaintained condition so that any of the following exist: (a) violations of state law, uniform codes, or City ordinances; (b) conditions that constitute an unsightly appearance that detracts from the aesthetics or property value of the subject property, or constitutes a private or public nuisance, or falls below the standards of other apartment buildings in the Costa Mesa area; (c) broken windows; and (d) conditions constituting hazards and/or inviting trespassers, or malicious mischief. B. proipQSty Manager Responsibilities. In general, cleanliness and housekeeping duties within the individual units shall be the responsibility of the tenant and Property Exhibit "A" Resolution No. 93-15 Page 10 of 18 Management staff shall be responsible for the cleanliness and housekeeping of common areas. Minor maintenance tasks shall be completed by the Property Management staff. C. Maintenance Schedules. The Property Manager and the Resident Manager shall conduct a quarterly inspection of all units as well as all common areas and grounds. This inspection shall include an inventory and a regularly updated preventive and corrective maintenance plan. The Property Manager shall be responsible for shampooing or steamcleaning of carpeting in individual rooms as required. All interior painted surfaces shall be repainted at least once every four years or more often as needed. Bathrooms, lobby, halls and all common areas shall be cleaned daily. Tenants shall be expected to do routine clean-up after use of common areas, but the Property Manager will be responsible for maintaining acceptable levels of cleanliness. The Resident Manager shall participate in all inspections by City, County, State or Federal officials. D. Contract Maintenance. The Resident Manager shall have the authority and responsibility in the exercise of sound business judgment to secure whatever maintenance assistance is reasonably necessary in an emergency. It shall be the responsibility of the Resident Manager to identify needed maintenance and repair work and to contact the Property Manager's office for authority to proceed on work that exceeds his/her authority. A list of approved repair contractors shall be maintained in the offices of the Resident Manager and the Property Manager. The Property Manager shall employ a full-time Maintenance Person. The Owner, rather than the Maintenance Person or the Resident Manager, shall be responsible for any matters pertaining to rehabilitation deficiencies and/or mechanic's liens. The Maintenance Person shall attempt to satisfy all maintenance needs. If some problems are beyond the skill level of these employees, outside contractors will be called for assistance. The facilities shall be maintained and items shall be replaced in accordance with a Preventive Maintenance and Replacement Schedule which shall be submitted to the City within one hundred twenty (120) days after the issuance of the final certificate of occupancy for the Project, and approved by the City in its reasonable discretion. The approved preventive maintenance and Replacement Schedule shall be incorporated herein upon approval. Exhibit "A" Resolution No. 93-15 Page 11 of 18 337 338 E. Tenant Maintenance Requests. Maintenance request forms, in the form of Attachment No. 3 hereto, shall be available to the residents from the Resident Manager's office. These requests shall be are accomplished on a routine basis by maintenance personnel. Emergencies shall be responded to immediately. Residents may be charged for the costs of repairing of damage they have caused, but shall not be charged for labor if the labor is performed by the Property Manager's personnel. A. Press Releases. In coordination with the Agency, City and OCHA, pictures and press releases publicizing the Project from the time of acquisition by the Owner shall be submitted by the Property Manager to all local newspapers. Notices shall be distributed by the Property Manager to appropriate employers and public offices, and placed in appropriate public areas. Approximately two (2) months before the scheduled completion of the rehabilitation of the Project, one or more advertisements inviting applications for residency will be placed in the same papers by the Property Manager. The Property Manager may obtain assistance from OCHA, the Agency or the City in undertaking any of its obligations under this paragraph A. H. n -Discrimination. Owner covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, national origin, sexual orientation, physical or menatl disability or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Project, nor shall Owner itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Project. Owner and its successors and assigns, shall refrain from restricting the rental or lease (if permitted by the City) or sale of the Project on the basis of race, color, religion, sex, marital status, national origin, sexual orientation, physical or mental disability or ancestry of any person, and on any other basis which is prohibited by applicable law. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, Exhibit "A" Resolution No. 93-15 Page 12 of 18 r administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, marital status, national origin, sexual orientation, physical or mental disability or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In leases: •The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, ancestry, sexual orientation, physical or mental disability or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." (c) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, religion, sex, marital status, ancestry, sexual orientation, physical or mental disability or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself'or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination.or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees of the premises." Owner and Property Manager shall also comply with: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be Exhibit "A" Resolution No. 93-15 Page 13 of 18 $39 excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real. property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 2 . Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the rental of the Project. 3. Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part 570.602), which provides that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds p.rovided under this Part. 4. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. C. Rental Office. A rental office shall be located on the Project site at all times beginning sixty (60) days before expected occupancy. Such rental office shall be open on a posted schedule during normal business hours for interviews and for receiving applications. VII. TRAINING A. Referrals. Social service directories shall be issued to the Resident Manager. Social service providers will be regularly invited to attend meetings open to Project residents to discuss eligibility, hours of operation, etc. B. CPR/First Aid. The Resident Manager, the Assistant Resident Manager and other staff shall be expected to attend classes and become certified at Red Cross CPR first aid training including emergency procedures. The Property Manager shall pay for all.required training and time off shall be granted for such attendance. Exhibit "A" Resolution No. 93-15 ]Page 14 of 18 VIII. SECURITY A. Buildina Desion. Security shall be a major consideration of building design and shall include the construction and maintenance in good workable condition at all times of (a) the four -camera closed-circuit television monitoring system which exists on the Property as of the date of this Agreement which is capable of monitoring common use areas and room exteriors, (b) steel door frames, (c) solid core doors with peepholes in each unit, (d) exterior and interior lighting, (e) the installation of a wrought iron fence extension on top of the existing block wall which surrounds the Project, (f) locked front door in the lobby which prevents access to private rooms, (g) a gate to the parking lot which allows access only by the action of Property Manager employees, and (h) lighting in the Project Parking lot which exists on the Property as of the date of this Agreement. B. Employee Duties. The Property Manager shall endeavor to provide as secure an environment as reasonably possible for tenants and guests. At least one employee shall be on duty and visible at the lobby front desk at least sixteen (16) hours per day, seven days per week, with the primary responsibility for monitoring the television security system, screening and admitting visitors, and periodically checking on residents' rooms. During all hours when no employee is on duty at the lobby front desk, the on-site Resident Manager or another on-site employee shall be accessible by a call bell or similar system to provide security services and access to the Property. All security personnel shall have received extensive training in security procedures. The Property Manager shall solicit the views of the Costa Mesa Police Department, local community planning groups and neighborhood watch groups on a regular basis regarding security precautions. Efforts shall be made to reach out to neighbors and the surrounding community to cooperate in area -wide security measures. Regular liaison shall be maintained with the Costa Mesa Police Department and other local law enforcement. C. Access to Proiert. Access to the Project shall be limited to two entrances, one of which shall be the lobby and the other of which shall be the parking lot. The employee on duty at the lobby front desk shall be responsible for ensuring that visitors who enter through either the lobby or the parking lot sign a visitor's registration log. The front entrance shall be locked at 10:30 p.m. and other doors shall be alarmed emergency exits. Visitors to the Project shall be limited to the hours of 6:00 a.m. to 11:00 p.m. No visitors shall be allowed to remain in the Project after those hours. Tenants will be issued front door keys. Exhibit "A" Resolution No. 93-15 Page 15 of 18 34 2 D. Tenant Participation. Management shall make regular efforts to impress upon tenants their responsibility to participate in the maintenance of a safe and secure residential facility. E. Cleaning Schedules. All units shall be cleaned upon vacation of the unit. Spraying for vermin infestation shall be on an as needed basis based upon the recommendation of a licensed exterminator. Inside windows shall be washed by the tenant. All outside windows will be washed as needed by the Property Manager's staff. When a vacancy occurs, the unit shall be inspected by the Resident Manager and an assessment made of cleaning and repair needs. Regardless of regular housekeeping schedules, each room shall be thoroughly cleaned after being vacated. F. Room Inspection. Inspections shall include testing of the smoke detectors, plumbing, appliances, operability of windows and general overall condition of the unit. Except in the case of an emergency, a possible threat of life and safety, or upon the request of a duly authorized inspection official (fire, health, building and safety, etc.), at least 24-hour notice shall be given to each tenant prior to entry into that tenant's unit for inspection or other purposes. All entry of units and inspections shall be strictly in compliance with California law. as Y i i RYA Oki , A. City Inspection. To the extent permitted by law, the City, in its sole discretion and upon reasonable notice to the Owner, shall have the right to inspect all areas and aspects of the Project to verify compliance with the provisions of the City SRO Policy, this Management Plan, or any condition of the CUP. The Owner shall cooperate in making the Project available to such inspections and shall provide reports requested by the City to document performance of any requirements of this Management Plan. A monthly inspection of the Project by the Code Enforcement Division of the City Planning Department may also be required. B. Violations. The Owner must begin correction of any violation(s) of the City SRO Policy, this Management Plan, or the CUP within thirty (30) days upon notification by City staff, and such correction(s) shall be completed within the time frame specified in writing by the applicable City department. If the violation(s) is not corrected within the specified time frame, the City Planning Commission shall hold a public hearing to review the violation(s). If the Planning Exhibit "A" Resolution No. 93-15 Page 16 of 18 1 i Commission determines such violation(s) exist, the Owner shall be directed to correct the violation(s). The Planning Commission decision may be appealed by the Owner to the City Council. Such appeal shall be in written form and must be submitted to the City within five (5) working days following the Planning Commission public hearing. Following the expiration of the appeal period, or the determination of violation(s) by the City Council if appealed, the Owner shall be subject to a penalty of $100 per violation per day (which maximum penalty shall be adjusted annually from the date of this Management Plan based on the applicable consumer price index) until such time as the violation(s) is corrected. The penalty fee may be secured by lien against the Project until paid in full. C. Modifications. The Owner understands that the Project is the first single room occupancy project approved within the City and understands and knowingly agrees that the conditions to approval of the CUP will probably change as the Owner and the City gain experience in the management and monitoring of Project operations. Accordingly, this Management Plan shall be modified upon the City's approval of a renewal of the CUP in accordance with any changes, additions or deletions to the conditions to the CUP. Minor amendments to this Management Plan may be made by written agreement executed by the Owner, the City Manager on behalf of the City, the Executive Director on behalf of the Agency, and the Division Manager of the Orange County Environmental Management Agency on behalf of the OCHA. D. No Third Party Beneficiaries. Nothing in this Management Plan is intended to confer any rights upon any third party beneficiaries to this Management Plan, specifically including, without limitation, any applicants for tenancy of the Project and any tenants of the Project. IN WITNESS WHEREOF, this Management Plan is hereby executed as of the date set forth below. COSTA MESA VILLAGE, LTD., a California limited partnership By: Brookmore Apartment Corporation, a California nonprofit corporation, its gener 1 partner 7. �t Dated: By: �r2 Its: Exhibit "A" Resolution No. 93-15 Page 17 of 18 "OWNER" APPROVED AS TO FORM: Costa Mesa City Attorney Dated:�I Dated: 7��93 REVIEWED AND APPROVED: CITY OF COSTA MESA, a California municipal corporation By: Its: ORANGE COUNTY HOUSING AUTHORITY, a public body corporate and politic By: Its: COST MES EDEVELOPMENT AGENCY, CITY- COSTA MESA, CALIFORNIA, a public body corporate and politic Dated: By: — Its: Exhibit "A" Resolution No. 93-15 Page 18 of 18 1 f' -' 345 ATTACHMENT NO. 1 LEGAL DESCRIPTION All that certain land situated in the State of California, County of Orange, City of Costa Mesa, described as follows: PARCEL 1: The northeasterly rectangular one-half of Lot 57, and the southwesterly rectangular one-half of Lot 59 of Tract No. 300, as shown on a map recorded in Book 14, pages 11 and 12 of Miscellaneous Maps, Records of Orange County, California. PARCEL 2: The southeasterly 150 feet of the northeasterly rectangular one-half of Lot 59 of Tract No. 300, as shown on a map thereof recorded in Book 14, pages 11 and 12 of Miscellaneous Maps, Records of Orange County, California. PARCEL 3: The southwesterly one-half of Lot 57 of Tract No. 300, as shown on a map recorded in Book 14, pages 11 and 12 of Miscellaneous Maps, Records of Orange County, California. ATTACHMENT NO. 1 Attachment No. 1 Resolution No. 93-15 Page 1 of 1 346 1. 2. ATTACHMENT NO. 2 All rent shall be paid when due in advance. Visitors shall be allowed between the hours of 6:00 a.m. to 11:00 p.m. Guests must sign in and out. 3. Storage of highly flammable items in units is prohibited. No tenant will be allowed to maintain a large accumulation of combustible materials. 4. Radios, televisions, stereos, etc. shall not be played at excessive levels at any time and particularly after 9:30 p.m. 5. Tenants shall be responsible for the proper storage of perishables and disposing of trash in the receptacles provided. 6. Responsible and legal use of alcoholic beverages is allowed within the units but possession or consumption of alcoholic beverages will not be allowed in common areas at any time. 7. In no event will any illegal or drug-related activities be allowed or permitted on the premises. Any such activities observed on the premises will be cause for immediate termination of tenancy, and management will immediately notify appropriate law enforcement officials. 8. Verbal and/or physical abuse of fellow tenants or staff will not be tolerated. 9. Tenants shall be responsible for leaving common areas in a reasonably clean condition after use. This includes the lobby, laundry rooms, and lounge areas. 10. No pets are allowed. 11. Absences from the apartment for more than one (1) month shall require the prior written approval of the Property Manager. Each case will be decided on its own merits. 12. The Owner, Property Manager, and residents will endeavor to establish a resident council to deal with issues pertaining to preparedness and emergency procedures in the event of a disaster. 13. The Property Manager shall offer optional linen service . to tenants, at no additional charge above basic rent. ATTACHMENT NO. 2 Attachment No. 2 Resolution No. 93-15 Page 1 of 2 0 1 0 347 14. Yard areas in the Property shall be maintained, including; (a) No broken or discarded furniture, appliances and other household equipment are allowed in yard areas; and (b) No packing boxes, lumber, trash, dirt and other debris are allowed in yards; and (c) No unscreened trash cans, bins or containers are allowed in yard areas. 15. No vehicles may be parked in other than approved parking areas. No vehicles may be stored on the Property. All vehicles parked on the Property must be licensed and operable, or they will be removed by the Property Manager. 16. Failure to abide by the House Rules may result in eviction. Resident Signature Resident Manager Room # Date Date ATTACHMENT N0. 2 Attachment No. 2 Resolution No. 93-15 Page 2 of 2 M M H 4 Malntenenee slip Taken by Dote Time Work done by Deis OA.M. OP.M. OCompleted Time Apt. no. — O incomplete nemarks Cost �{ Name Trouble i Permission Is granted for Maintenance to enter Apt. TENANT'S FILE R551aeritill Signature- Cn ••� M Oar+ x z ° H ¢ a3 d a