Boards of Commissioners Meeting

Transcription

Boards of Commissioners Meeting
Boards of Commissioners Meeting
August 27, 2014
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721
(559) 443-8400
TTY (800) 735-2929
AGENDA
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
www.fresnohousing.org
Regular Joint Meeting of the Boards of Commissioners
of the Fresno Housing Authority
5pm August 27, 2014 – Parc Grove Commons Community Building
2674 E. Clinton Avenue, Fresno, CA 93721
Interested parties wishing to address the Boards of Commissioners regarding
this meeting’s Agenda Items, and/or regarding topics not on the agenda but
within the subject matter jurisdiction of the Boards of Commissioners, are
asked to complete a “Request to Speak” card which may be obtained from the
Board Secretary (Tiffany Mangum) at 4:45 p.m. You will be called to speak
under Agenda Item 3, Public Comment.
The meeting room is accessible to the physically disabled, and the services of a
translator can be made available. Requests for additional accommodations for
the disabled, signers, assistive listening devices, or translators should be made
at least one (1) full business day prior to the meeting. Please call the Board
Secretary at (559) 443-8475, TTY 800-735-2929.
5pm
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1. Call to Order and Roll Call
2. Approval of agenda as posted (or amended)
3. Public Comment
This is an opportunity for the members of the public to address the
Boards of Commissioners on any matter within the subject matter
jurisdiction of the Boards of Commissioners that is not listed on the
Agenda. At the start of your presentation, please state your name,
address and/or the topic you wish to speak on that is not on the
agenda. Presentations are limited to a total of five (5) minutes per
speaker.
4. Boards of Commissioners’ Recognition and Acknowledgements
5. Action to Elect the Vice Chair of the Board of Commissioners for
the Housing Authority of Fresno County
6. Consent Agenda
a. Minutes of June 3, 2014, June 25, 2014 and July 23, 2014
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b.
Ratification of Application Submission – Veterans Affairs
Supportive Housing (VASH) (continued)
c. City: Authorization to Charge-Off Uncollectible Accounts
2nd Quarter 2014
d. County: Authorization to Charge-Off Uncollectible
Accounts 2nd Quarter 2014
e. Consideration of the Agreement with the California
Employment Development Department
f. Consideration of the Flat Rent Adjustments
g. Consideration to Adopt the Amended Policy on Equal
Employment Opportunity
h. Consideration to Adopt the Amended Policy Against
Harassment and Discrimination
7. Informational
a. 2nd Quarter 2014 Operating Budget Results
b. Update on Pre-Development Projects
c. Consideration of the Amended Cooperation Agreement –
Housing Authorities of the City and County of Fresno
d. Consideration of the Amended Bylaws – Housing
Authorities of the City and County of Fresno
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61
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8. Action
a. County: Consideration to Receive and File the 2013 Annual 97
Audited Basic Financial Statements (continued)
b. City: Consideration to Receive and File the 2013 Annual
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Audited Basic Financial Statements (continued)
109
c. Consideration to Adopt the Policy on Internal Controls
9. Executive Director’s Report
10. Closed Session
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code § 54954.5(b))
Property: 240 & 250 Calaveras St., Fresno, CA (APN: 459-243-19 &
459-240-20)
Agency negotiator: Preston Prince
Negotiating parties: Yale Investment Group LLC and Fresno
Housing Authority
Under negotiation: Real Estate transaction
11. Action
Consideration for Real Property Acquisition – 240 & 250 Calaveras
St., Fresno, CA (APN: 459-243-19 & 459-240-20)
12. Adjournment
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Minutes of the Joint Meeting
Of the Boards of Commissioners of the
HOUSING AUTHORITIES OF THE CITY AND COUNTY OF FRESNO
Tuesday, June 3, 2014
9:00 A.M.
The Commissioners of the Housing Authorities of the City and County of Fresno met in a joint
session on Tuesday, June 3, 2014, at the Parc Grove Commons Community Building, located at
2674 E. Clinton Ave., Fresno, California.
The meeting was called to order by Pam Kallsen, Chair of the Board of Commissioners of the
Housing Authority of the City of Fresno, at 9:25 A.M. Commissioners present and absent were
as follows:
COMMISSIONERS PRESENT:
PAM KALLSEN, Chair (City Board)
ADRIAN JONES, Vice Chair (City Board)
RUEBEN SCOTT
STEVEN BEDROSIAN
CRAIG SCHARTON
RENEETA ANTHONY, Chair (Co. Board)
RACHEL ZULOAGA
JIM PETTY
STACY SABLAN
OSVALDO VERA
NANCY NELSON
COMMISSIONERS ABSENT:
TIM LOWE
KENDRA ROGERS, Vice Chair (Co. Board)
Also in attendance were the following: Preston Prince, CEO/Executive Director; Tracewell
Hanrahan, Deputy Director/CFO; Rebecca Craigo, Chief Operations Officer; Tiffany Mangum,
Special Assistant; and Clayton Lucas, Director of Administrative Services. Additionally, Ken
Price and Lauren Layne, of Baker, Manock, and Jensen; and Kevin Dale, of Atkinson, Andelson,
Loya, Ruud, and Romo, were present as General Counsel and Legal Counsel on Employmentrelated matters, respectively.
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BOARD GOVERNANCE
Under the guidance of General Counsel, an overview of the governance process and documents was
conducted. Counsel specifically outlined the Bylaws of each board, highlighting specific provisions
including officers, meetings, and committees; and the Cooperative Agreement, identifying various
areas of collective action between both the City and County Boards. The Boards further discussed the
various recommendations of General Counsel regarding amendments to said documents.
The Boards gave general direction for General Counsel to make his recommendations on
amendments to the Boards’ bylaws at a future board meeting. Additionally, recommendations
regarding the various matters of cooperative action were discussed and direction given to General
Counsel to prepare a draft for their consideration at a later board meeting.
BOARD TRAINING AND DEVELOPMENT
General Counsel presented an overview of the roles and responsibilities of a member of the Board of
Commissioners, along with a refresher on applicable California regulations and open meeting laws
relevant to the conduct of business and the operations of the Boards of Commissioners, including: the
Ralph M. Brown Act, California Public Records Act (Govt Code § 6250 et. seq.), Government
Claims Act (Govt Code §810 et. seq.), Political Reform Act of 1974 (Govt Code §87100); and
overview of special rules for contracts (Govt Code §1090).
Additionally, Kevin Dale, of Andelson, Atkinson, Loyo, Ruud, and Romo, Legal Counsel for
Employment-related matters, conducted a general overview of the legally required Harassment and
Discrimination training, pursuant to CA Assembly Bill 1825.
POLICIES AND PROCEDURES
Tabled until further notice.
HOMELESS PROGRAMS OVERVIEW
This item was tabled and the overview will be scheduled for a subsequent Board Workshop.
DEVELOPMENT
This matter was not discussed.
ADJOURNMENT
There being no further business to be considered by the Boards of Commissioners for the Housing
Authorities of the City and County of Fresno, the meeting was adjourned at approximately 2:45 P.M.
________________________________________
Preston Prince, Secretary to the Boards of Commissioners
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Minutes of the Joint Meeting
Of the Boards of Commissioners of the
HOUSING AUTHORITIES OF THE CITY AND COUNTY OF FRESNO
Wednesday, June 25, 2014
5:00 P.M.
The Commissioners of the Housing Authorities of the City and County of Fresno met in a regular
joint session on Wednesday, June 25, 2014, at the offices of HACCF, located at 1331 Fulton
Mall, Fresno, California.
1. The meeting was called to order by Board Chair, Commissioner Kallsen, of the Board of
Commissioners of the Housing Authority of the City of Fresno at 5:05 P.M. Commissioners
present and absent were as follows:
COMMISSIONERS PRESENT:
PAM KALLSEN, Chair
RUEBEN SCOTT
CRAIG SCHARTON
STEVEN BEDROSIAN
TIM LOWE
COMMISSIONERS ABSENT:
ADRIAN JONES, Vice Chair
The meeting was called to order by Commissioner Petty, of the Board of Commissioners of
the Housing Authority of Fresno County at 5:05 P.M. Commissioners present and absent
were as follows:
COMMISSIONERS PRESENT:
JIM PETTY
RACHEL ZULOAGA
STACY SABLAN
OSVALDO VERA
NANCY NELSON
COMMISSIONERS ABSENT:
RENEETA ANTHONY, Chair
KENDRA ROGERS, Vice Chair
Also, in attendance were the following: Tracewell Hanrahan, Deputy Director/CFO; Rebecca Craigo,
Chief Operations Officer; and Ken Price of Baker, Manock and Jensen - General Counsel.
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2. APPROVAL OF AGENDA AS POSTED
Commissioner Scharton motioned for the City Board’s approval of the agenda. This action
was seconded by Commissioner Bedrosian, and by unanimous vote of the Board of
Commissioners for the City, the agenda was approved as posted.
Commissioner Sablan motioned for the County Board’s approval of the agenda. This action
was seconded by Commissioner Nelson, and by unanimous vote of the Board of
Commissioners for the County, the agenda was approved as posted.
3. UNSCHEDULED ORAL COMMUNICATIONS
Commissioner Kallsen commended Commissioner Zuloaga for earning a new position at
Fresno Community Hospital.
No public comment.
4. CONSENT AGENDA
a. Approval of the minutes of May 28, 2014
b. Consideration of the Memorandum of Understanding – Family Unification Program
Commissioner Petty motioned to amend the minutes to reflect that Lauren Layne was present in
place of Ken Price, General Counsel, for the meeting of May 28, 2014.
Commissioner Bedrosian motioned for the City Board’s approval of the consent agenda as
amended. This action was seconded by Commissioner Lowe, and by unanimous vote of the
Board of Commissioners for the City, the consent agenda was approved.
Commissioner Sablan motioned for the approval of the consent agenda as amended,
seconded by Commissioner Zuloaga, and by unanimous vote of the Board of Commissioners
for the County, the consent agenda was approved.
5. INFORMATIONAL
a. Oral Histories
A video of one of Fresno Housing’s residents, Larry Collins, was shown that
highlighted his experience in moving from homelessness to housing at Renaissance at
Santa Clara.
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b. Policies and Procedures Update
Clayton Lucas, Director of Administration, presented this item before the Boards. Mr.
Lucas gave an overview on the development status of the revised and updated agency
policies and corresponding procedures that Fresno Housing (FH) staff is currently
working on. He also explained the differences between policies and procedures. At
this time, the only change that has been made subsequent to the posting and
distribution of the Board agenda and packet, is on the Conflict of Interest policy,
which has been noted in the board materials and redistributed.
Commissioner Kallsen recommended accountability be enforced at every level
including, and up to, the Boards.
Mr. Lucas also stated that the development and implementation of procedures will be
subsequent to the Boards’ adoption of the policies.
6. ACTION
a. Consideration of the Amended Conflict of Interest Policy
Clayton Lucas, Director of Administration, presented on this item. Mr. Lucas
explained that all agency employees and Commissioners will be required to sign the
policy and have the documentation filed.
No public comment.
Commissioner Lowe motioned for the City Board’s approval of item 6a. The action
was seconded by Commissioner Bedrosian, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Vera motioned for the County Board’s approval of item 6a. The action
was seconded by Commissioner Nelson, and by unanimous vote of the Board of
Commissioners for the County, the item was approved.
b. Consideration of the Amended Ethics/Anti-Fraud Policy
No public comment.
Commissioner Scott motioned for the City Board’s approval of item 6b. The action
was seconded by Commissioner Bedrosian, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
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Commissioner Sablan motioned for the County Board’s approval of item 6b. The
action was seconded by Commissioner Vera, and by unanimous vote of the Board of
Commissioners for the County, the item was approved.
c. Consideration of the Amended Cal-Card Policy
No public comment.
Commissioner Scott motioned for the City Board’s approval of this item. This action
was seconded by Commissioner Lowe, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Zuloaga motioned for the County Board’s approval of this item. This
action was seconded by Commissioner Vera, and by unanimous vote of the Board of
Commissioners for the County, the item was approved.
d. Consideration of the Policy on Child Abuse and Neglect
Clayton Lucas, Director of Administration, presented on this item. Mr. Lucas gave a
brief summary of the policy’s key guidelines and requirements.
No public comment.
Commissioner Scott motioned for the City Board’s approval of item 6d. This action
was seconded by Commissioner Lowe, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Sablan motioned for the County Board’s approval of item 6d. This
action was seconded by Commissioner Zuloaga, and by unanimous vote of the Board
of Commissioners for the County, the item was approved.
e. Consideration of the Release of Low-Income Public Housing Restrictions – Cedar
Heights (APN: 471-220-55T)
Michael Duarte, Senior Development Manager, presented this item before the
Boards. Mr. Duarte gave a brief summary on the background of Cedar Heights and
the Fultonia West development and explained that Fresno Housing (FH) staff hopes
to partner the Cedar Heights site with the Fultonia West site. Mr. Duarte highlighted
on the terms and conditions of the proposed partnership agreement between FH and
TFS Investments, Inc. It is recommended that the Boards approve the financing and
organizational structuring of the partnership formation agreement. In addition, Mr.
Duarte affirmed that community meetings were held in the project’s neighborhood.
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No public comment.
Commissioner Scharton motioned for the City Board’s approval of item 6e. This
action was seconded by Commissioner Scott, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Sablan motioned for the County Board’s approval of item 6e. This
action was seconded by Commissioner Nelson, and by unanimous vote of the Board
of Commissioners for the County, the item was approved.
f. Consideration of Entity Formation – Fultonia West/Cedar Heights
No public comment.
Commissioner Scharton motioned for the City Board’s approval of this item. This
action was seconded by Commissioner Lowe, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Zuloaga motioned for the County Board’s approval of this item. The
action was seconded by Commissioner Vera, and by unanimous vote of the Board of
Commissioners for the County, the item was approved.
Commissioner Rogers joined the meeting at the end of the consideration of this item.
g. Consideration of Assignments of Contracts and Land Purchase Option – Fultonia
West
No public comment.
Commissioner Scott motioned for the City Board’s approval of item 6g. This action
was seconded by Commissioner Lowe, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Zuloaga motioned for the County Board’s approval of item 6g. The
action was seconded by Commissioner Vera, and by unanimous vote of the Board of
Commissioners for the County, the item was approved.
h. Consideration of Pre-Development Financing and Seller Loan – Fultonia West/Cedar
Heights
No public comment.
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Commissioner Scott motioned for the City Board’s approval of item 6h. This action
was seconded by Commissioner Bedrosian, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Sablan motioned for the County Board’s approval of item 6h. The
action was seconded by Commissioner Nelson, and by unanimous vote of the Board
of Commissioners for the County, the item was approved.
i.
Consideration of Architectural Contract – Cedar Heights
No public comment.
Commissioner Lowe motioned for the City Board’s approval of this item. This action
was seconded by Commissioner Bedrosian, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Nelson motioned for the County Board’s approval of this item. The
action was seconded by Commissioner Vera, and by unanimous vote of the Board of
Commissioners for the County, the item was approved.
j.
City – Consideration of the Rental Assistance Demonstration Phase 2 Portfolio
Sarah Nusser, Project Manager, presented this item before the Boards. Ms. Nusser
explained that Fresno Housing (FH) staff has prepared an application for the
Department of Housing and Urban Development (HUD) that proposes to convert
Monte Vista Terrace apartments from low-income public housing to project-based
assistance through HUD’s Rental Assistance Demonstration (RAD) program. If FH is
awarded, notification will be sent in the Fall or Winter of 2014. At that time, Staff
would then pursue project financing no later than July 2015. It is recommended that
the Boards approve the submission of the RAD application to HUD for the Monte
Vista Terrace development.
No public comment.
Commissioner Scharton motioned for the City Board’s approval of item 6j. This
action was seconded by Commissioner Lowe, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Sablan motioned for the County Board’s approval of item 6j. The
action was seconded by Commissioner Vera, and by unanimous vote of the Board of
Commissioners for the County, the item was approved.
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k. County – Consideration of the Rental Assistance Demonstration Phase 2 Portfolio
No public comment.
Commissioner Scharton motioned for the City Board’s approval of item 6k. This
action was seconded by Commissioner Scott, and by unanimous vote of the Board of
Commissioners for the City, the item was approved.
Commissioner Vera motioned for the County Board’s approval of item 6k. The action
was seconded by Commissioner Zuloaga, and by unanimous vote of the Board of
Commissioners for the County, the item was approved.
7. EXECUTIVE DIRECTOR’S REPORT
In addition to the written Director’s report, Tracewell Hanrahan, Deputy Director, announced
the following items:
•
•
•
•
•
•
•
•
8.
Sarah Nusser will be leaving Fresno Housing to pursue other career
opportunities after a successful term of service with the agency.
The following agency employees were recently promoted: Roger Cardoza to
Accounting Manager, Quincy Boren to Development Analyst, and Juan Lopez to
Senior Analyst of Quality Assurance.
Lucille Kirchman was also recently hired for the Accountant position.
The agency’s Capacity Report on the legislative financial status will be ready by
mid July, 2014.
The Homeless Workshop is scheduled for July and will reflect on public
housing’s developments and operations in relation to the Homelessness
campaign.
The 2014 Fresno Housing Education Corps Wine Festival and Auction had an
excellent turnout of around 250 attendees. The net income raised at the event
totaled $100,000.
The Hard Hat Tour for the CityView @ Van Ness development is scheduled for
July 11th.
John McKnight will be speaking at the agency’s All-Staff event in October,
2014.
ADJOURNMENT
There being no further business to be considered by the Boards of Commissioners for the
Housing Authorities of the City and County of Fresno, the meeting was adjourned at
approximately 7:00 P.M.
________________________________________
Preston Prince, Secretary to the Boards of Commissioners
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Minutes of the Joint Meeting
Of the Boards of Commissioners of the
HOUSING AUTHORITIES OF THE CITY AND COUNTY OF FRESNO
Wednesday, July 23, 2014
5:00 P.M.
The Commissioners of the Housing Authorities of the City and County of Fresno met in a regular
joint session on Wednesday, July 23, 2014, at the offices of HACCF, located at 1331 Fulton
Mall, Fresno, California.
1. The meeting was called to order by Board Vice Chair, Commissioner Jones, of the Board of
Commissioners of the Housing Authority of the City of Fresno at 5:12 P.M. Commissioners
present and absent were as follows:
COMMISSIONERS PRESENT:
ADRIAN JONES, Vice Chair
RUEBEN SCOTT
CRAIG SCHARTON
STEVEN BEDROSIAN
TIM LOWE
COMMISSIONERS ABSENT:
None.
The meeting was called to order by Board Chair, Commissioner Anthony, of the Board of
Commissioners of the Housing Authority of Fresno County at 5:12 P.M. Commissioners
present and absent were as follows:
COMMISSIONERS PRESENT:
RENEETA ANTHONY, Chair
STACY SABLAN
OSVALDO VERA
COMMISSIONERS ABSENT:
JIM PETTY
RACHEL ZULOAGA
NANCY NELSON
Also, in attendance were the following: Preston Prince, CEO/Executive Director, Tracewell
Hanrahan, Deputy Director/CFO; Rebecca Craigo, Chief Operations Officer; and Ken Price of Baker,
Manock and Jensen - General Counsel.
2. APPROVAL OF AGENDA AS POSTED
Mr. Prince requested the Boards approve the agenda with an amendment to strike action
items until next meeting; strike action to elect Vice Chair; and to move the Audit
Presentation after public comment.
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Commissioner Scharton requested to continue item 7b to the next meeting for the Board of
Commissioners for the City of Fresno.
Commissioner Scott motioned and Commissioner Scharton seconded, and by unanimous vote
of the Board of Commissioners for the City, the action to continue item 7b to the next meeting
was approved.
Commissioner Scott motioned for the City Board’s approval of the agenda as amended. This
action was seconded by Commissioner Scharton, and by unanimous vote of the Board of
Commissioners for the City, the agenda was approved as amended.
3. PUBLIC COMMENT
Commissioner Jones announced and acknowledged Mr. Karl Johnson, candidate for Resident
Commissioner on the City Board.
Mr. Prince announced his trip to the Netherlands and thanked the Boards for their support
and for enabling him to learn and see affordable housing in other parts of the world.
Auditor Ken Al-Imam, from Mayer Hoffman McCann, presented the audit report for the
Fresno City financial statements and the Fresno County financial statements. Ken announced
that after 1300 hours of a complex audit process, they concluded that all financial statements
are fairly stated.
Jim Barker presented Management’s response to the audit process, expressing gratitude to
everyone involved.
No further public comment.
4. ACTION
General Counsel, Ken Price takes the floor and announces the action to elect the Chair of the
Board of Commissioners of the Housing Authority of the City of Fresno.
Commissioner Lowe motioned to elect Commissioner Scharton as the Chair of the Board of
Commissioners of the Housing Authority of the City of Fresno. This action was seconded by
Commissioner Scott, and by unanimous vote of the Board of Commissioners for the City,
Commissioner Scharton is elected Chair for the duration of the unexpired term.
No public comment
The Board of Commissioners of the Housing Authority of Fresno County will elect the ViceChair at the August Board meeting due to the lack of a quorum.
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5. CONSENT AGENDA
a. Approval of the minutes of June 3, 2014 and June 25, 2014.
b. Ratification of Application Submission- Veterans Affairs Supportive Housing (VASH)
All action items are continued to the August Board Meeting, due to the lack of a quorum for
the County Board.
6. INFORMATIONAL
a. HAP Pacing- 2nd Quarter Results
Juan Lopez, Senior Quality Assurance Analyst, presented the monthly reports and
reconciliation for the second quarter. Juan describes that the Housing Choice Voucher
(HCV) Program continues to have strong utilization rates in both the County and the
City.
Mr. Prince adds details about the Wait List process to answer the Board Members
questions. Additional questions yielded due to concerns about the agency’s reserves
currently being administered by HUD.
Further investigation, up to and including an appeal is pending, and will be followed
up on by the General Counsel.
b. Presentation- Housing Management Overview
Richard Bradley, Director of Housing Management, presented this item before the
Board of Commissioners. Mr. Bradley gave a housing management overview of the
Low Income Public Housing (LIPH) Program as well as some highlights of the
Housing Management Operations.
Richard Bradley introduces Hilda Reeves, District Manager for City Properties, to the
Boards of Commissioners. Ms. Reeves gave a brief overview of her experience and
background.
c. Reserves Update- Housing Relinquished Fund Corp.
Emily Williams, Finance Manager, presented an update on the Housing Relinquished
Fund Corp’s Reserves before the Boards. The analysis included the inflows and
outflows from January through June 2014, and the projections for the remaining six
months of 2014.
Commissioner Scharton left the meeting.
d. Real Estate Development Pipeline 2014-2015
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Tracewell Hanrahan, Deputy Director/CFO, provided an update on existing
development projects as well as an overview of the current pre-development pipeline
for both the County and the City of Fresno for 2014-2015. Ms. Hanrahan’s
presentation included an update on Fultonia West and Calaveras Court.
Tracewell Hanrahan discussed Fresno Housing’s work with the Lowell CDC and
introduced Esther Delahay, Executive Director, to speak on behalf of the Lowell
CDC.
Additionally, Mr. Prince spoke about the work being done to assist with establishing
the Southwest Fresno CDC.
7. EXECUTIVE DIRECTOR’S REPORT
In addition to the written Director’s report, Mr. Prince, announced the following items:
8.
•
The Helm Home was awarded the California Preservation Award for Restoration
by the California Preservation Foundation. The Awards banquet is scheduled to
be in September in Los Angeles.
•
Commissioner Bedrosian, Commissioner Vera, and Commissioner Scharton
attended the Hard Hat Tour that was on July 11, 2014, which toured the
CityView at Van Ness development.
•
Parc Grove Ribbon Cutting will be on August 5, 2014 at 5pm with
Councilmember Olivier. The invitations are pending and will be sent to all
Commissioners.
•
On August 8, 2014, is the All Staff event focusing on ethics.
•
On August 5, 2014, the National Night Out will be held. Several of the
properties throughout the county will be having events to help celebrate their
communities and promote crime prevention. The Commissioners will receive a
list of all events.
•
The 100K Homes Campaign and the Do End Homelessness convening will take
place during the week of July 28th in Washington, DC, celebrating some
significant milestones in addressing homelessness, of which Fresno Housing
was a part.
•
Karl Falk Scholarship Awards Ceremony will take place in August at Parc
Grove. It will be held before the Board meeting and the invitations are pending.
•
Introductions of the newly hired team members who are Avtar Boyal,
Finance/Accounting; Sheila Scheitrum, P&CD; Hilda Reeves, Housing
Management; Adriana Sanchez-Moncada, Housing Management; Rodika Nika,
Housing Management; Allyssa Sanchez, Housing Management; Jorge Olea,
Housing Management; and Monique Narciso, Executive Office.
ADJOURNMENT
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There being no further business to be considered by the Boards of Commissioners for the
Housing Authorities of the City and County of Fresno, the meeting was adjourned at
approximately 7:18 P.M.
________________________________________
Preston Prince, Secretary to the Boards of Commissioners
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14
BOARD
MEMO
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
www.fresnohousing.org
TO: Boards of Commissioners
Fresno Housing Authority
FROM: Preston Prince
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 6b
AUTHOR: Angie Nguyen
SUBJECT: Ratification of the Application to the Department of Housing and
Urban Development Veterans Affairs Supportive Housing (VASH)
Program
Executive Summary
The U.S. Department of Housing and Urban Development (HUD) in
collaboration with the U.S. Department of Veteran Affairs (VA) oversees the
Veteran Affairs Supportive Housing Program (VASH). The two departments
jointly determine the allocation of VASH vouchers awarded to each Public
Housing Agency, if any, based on the percentage of veterans experiencing
homelessness in the community. VASH vouchers are administered by the PHA
in partnership with the local VA Medical Center (VAMC).
To date, the Housing Authority of the City of Fresno has been awarded 215
VASH vouchers, 91% currently under lease and the remainder issued and
searching. The 2014 homeless count estimates 187 Veterans in the FresnoMadera area. HUD and the VA invited Fresno Housing to apply for fifty-nine
(59) additional VASH vouchers with an application deadline of July 16, 2014
bringing the total to 274. We will continue to partner with the VAMC.
Recommendation
It is recommended that the Board of Commissioners of the Housing Authority
of the City of Fresno adopt the attached resolution authorizing: (a) the
acceptance of administration of fifty-nine (59) VASH vouchers, (b) negotiation
and execution, by the CEO/Executive Director, of any resulting contract(s), and
associated amendments; (c) to incorporate the new funding into the approved
Fiscal Year 2014 budget or when agreement is executed; and (d) to hire related
personnel to administer the program(s) in accordance with the funding
requirements.
Fiscal Impact
Fiscal impact is minimal and determined by future proration of Administrative
Fees associated with the Housing Choice Voucher program. In addition,
program has no match requirement.
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RESOLUTION NO. ______
BEFORE THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF FRESNO
RESOLUTION TO RATIFY THE APPLICATION TO THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT VETERAN AFFAIRS SUPPORTIVE HOUSING PROGRAM
WHEREAS, the Department of Housing and Urban Development and the Department
of Veterans Affairs has requested the Housing Authority of the City of Fresno to accept
administration of fifty-nine (59) Veterans Affairs Supportive Housing (VASH) vouchers; and
WHEREAS, said program is intended to serve Veterans experiencing homelessness in
the Fresno area.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the Housing
Authority of the City of Fresno do hereby authorize the Executive Director or his designee to
proceed with negotiation and execute all ancillary documents in connection therewith for an
agreement with the Department of Housing and Urban Development for administration of
Veterans Affairs Supportive Housing (VASH) vouchers.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the undersigned, hereby
certify that the foregoing Resolution was duly adopted by the governing body with the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________________
Preston Prince, Secretary of the Boards of Commissioners
16
BOARD
MEMO
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
www.fresnohousing.org
TO:
Boards of Commissioners
DATE: August 22, 2014
Fresno Housing Authority
BOARD MEETING: August 27, 2014
FROM: Preston Prince
AGENDA ITEM: 6c
CEO/Executive Director
AUTHOR: Richard Bradley
SUBJECT: Authorization to Charge-Off Uncollectible Accounts to Collection
Losses for the Second Quarter of 2014 for the City Housing
Programs
Executive Summary
Fresno Housing Authority fulfills its affirmative responsibility to try to collect
delinquent debts that are owed to the Agency, until it becomes evident that a
debt is “uncollectible”. When that occurs we terminate collection action and
write off the debt. The Housing Authority engages in active collection efforts,
such as demand letters, repayment agreements, credit bureau reporting,
garnishments obtained by Judgments at Small Claims Courts and referrals to
HUD’s Enterprise Income Verification System (EIV). EIV blocks former tenants
from receiving future assistance until debts owed are paid.
An analysis of uncollectible accounts for the City Housing Management
Programs for the Second Quarter of 2014 is found below.
Write-offs by Income Category
2010
2011
2012
2013
2014
TANF
SSI/SSA
TANF/SSI
EMP/UIB/
TANF/SSI
EMP/OT
HER/UIB
TOTAL
5
21%
1
4%
2
8%
1
4%
15
63%
24
100%
21
8
1
1
12
43
49%
19%
2%
2%
28%
100%
15
3
1
9
13
41
37%
7%
2%
22%
32%
100%
18
4
2
5
8
37
49%
11%
5%
14%
22%
100%
1
9%
3
27%
1
9%
0
0%
6
55%
11
100%
17
Second Quarter Financial Impact:
Second Quarter Collection Losses for the City total $2,686.35. Of this amount, $2,662.61 will be charged to
the Public Housing Program and $23.74 will be charged to Garland Gardens.
Recommendation
It is recommended that the Board of Commissioners of the Housing Authority of the City of Fresno adopt
the attached resolution authorizing charge-off of uncollectible accounts to collection losses for City
Housing Programs, relative to the Second Quarter of 2014.
18
BEFORE THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF FRESNO
RESOLUTION NO.
RESOLUTION AUTHORIZING CHARGE-OFF OF
UNCOLLECTIBLE ACCOUNTS TO COLLECTION LOSSES
FOR THE SECOND QUARTER 2014 FOR CITY HOUSING PROGRAMS
WHEREAS, the Housing Authority of the City of Fresno has made every
reasonable effort to collect the delinquent accounts; and
WHEREAS, in accordance with established policy which provides that at the end
of each quarterly period an examination shall be made by the project management of
such delinquencies and that, after the Board of Commissioners of the Housing
Authority of the City of Fresno has authorized charging uncollectible accounts to
collection losses, such amount as determined uncollectible shall be charged to collection
losses.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the
Housing Authority of the City of Fresno desires to comply with said policy and does
hereby authorize charge-off to collection losses that total amount of $2,686.35.
PASSED AND ADOPTED THIS 27th DAY OF August, 2014. I, the undersigned, herby
certify that the foregoing Resolution was duly adopted by the governing body with the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________________
Preston Prince, Secretary of the Boards of Commissioners
19
PART I - ANALYSIS OF CHARGES TO ALL TENANT ACCOUNTS:
TYPE OF CHARGES
Dwelling Rent-Qrtly
Other Charges-Qrtly
Total Charges
LOW INC. PUB.HSG.
AMOUNT
348,829.75
0.00
348,829.75
GARLAND GARDENS
AMOUNT
33,274.00
0.00
33,274.00
PART II - COMPOSITION OF UNCOLLECTIBLE WRITE-OFFS:
TYPE OF CHARGES
Dwelling Rent
Legal Action
Miscellaneous Charges
Total Uncollectible
LOW INCOME
PUBLIC HSG.
AMOUNT
PERCENT
616.40
23.15%
1,978.56
74.31%
67.65
2.54%
2,662.61
100.00%
GARLAND GARDENS
AMOUNT
PERCENT
$22.00
92.67%
0.00
0.00%
1.74
7.33%
$23.74
100.00%
PART III - COMPARISON OF NEW COLLECTION LOSSES TO PREVIOUS YEARS AND CURRENT YEAR-TO-DATE:
Total
Uncollectible
Amount
of Loss
Recovered
Losses
Percent of
Dwelling Rent
Per Unit
Per Month
LOW INC. PUB. HSG.
Calendar Year 2008
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calendar Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
14,167.64
50,923.98
14,196.45
36,587.96
38,715.61
36,759.84
7,948.00
2,662.61
13,626.60
49,833.39
12,299.60
34,603.26
35,670.03
34,954.34
7,948.00
2,662.61
541.04
1,090.59
1,896.85
1,984.70
3,045.58
1,805.50
0.00
0.00
0.70%
2.60%
0.78%
2.19%
9.71%
9.53%
2.19%
0.76%
1.57
6.07
1.65
4.15
16.38
15.55
3.41
2.05
GARLAND GARDENS
Calendar Year 2008
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calendar Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
828.63
422.05
2,523.05
4,791.97
5,955.68
2,634.35
0.00
23.74
828.63
422.05
2,523.05
4,067.77
5,955.68
2,634.35
0.00
23.74
0.00
0.00
0.00
724.20
0.00
0.00
0.00
0.00
0.70%
0.70%
4.37%
5.28%
21.74%
7.12%
0.00%
0.00%
1.38
1.41
4.21
7.99
39.70
17.56
0.00
0.16
MARIPOSA - FLH
Calendar Year 2008
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calendar Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
2,806.97
0.00
1,262.50
0.00
0.00
0.00
0.00
0.00
2,806.97
0.00
1,262.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6.10%
0.00%
3.60%
0.00%
0.00%
0.00%
0.00%
0.00%
23.40
0.00
2.63
0.00
0.00
0.00
0.00
0.00
20
CHARGE-OFF UNCOLLECTIBLE
ACCOUNTS RECEIVABLE
SECOND QUARTER 2014
CITY HOUSING PROGRAMS:
AMP 1
$
AMP 2
$
AMP 4
$
2,662.61
-
TOTAL LOW INCOME PUBLIC HOUSING
$
2,662.61
GARLAND GARDENS
$
23.74
MARIPOSA FARM LABOR
$
-
TOTAL CITY WRITE-OFFS
$
2,686.35
21
BOARD
MEMO
Boards of Commissioners
Fresno Housing Authority
BOARD MEETING: August 27, 2014
FROM: Preston Prince
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
DATE: August 22, 2014
AGENDA ITEM: 6d
CEO/Executive Director
AUTHOR: Richard Bradley
SUBJECT: Authorization to Charge-Off Uncollectible Accounts to Collection
Losses for the Second Quarter of 2014 for the County Housing
Programs
www.fresnohousing.org
Executive Summary
Fresno Housing Authority fulfills its affirmative responsibility to try to collect
delinquent debts that are owed to the Agency, until it becomes evident that a
debt is “uncollectible”. When that occurs we terminate collection action and
write off the debt. The Housing Authority engages in active collection efforts,
such as demand letters, repayment agreements, credit bureau reporting,
garnishments obtained by Judgments at Small Claims Courts and referrals to
HUD’s Enterprise Income Verification System (EIV). EIV blocks former tenants
from receiving future assistance until debts owed are paid.
An analysis of uncollectible accounts for the County Housing Management
Programs for the Second Quarter of 2014 is found below.
Write-offs by Income Category
2010
2011
2012
2013
2014
TANF
SSI/SSA
TANF/SSI
EMP/UIB/
TANF/SSI
EMP/OT
HER/UIB
TOTAL
6
26%
1
4%
2
9%
7
30%
7
30%
23
100%
7
2
1
8
11
29
24%
7%
3%
28%
38%
100%
14
4
1
12
12
43
33%
9%
2%
28%
28%
100%
19
4
3
12
20
58
33%
7%
5%
21%
34%
100%
7
1
2
1
7
18
39%
6%
11%
6%
39%
100%
22
Second Quarter Financial Impact:
Second Quarter Collection Losses for the County total $1,591.44. Of this amount, $1,591.44will be charged
to the Public Housing Program, $0.00 will be charged to the Farm Labor Housing Program and $0.00 to
the Migrant Program.
Recommendation
It is recommended that the Board of Commissioners of the Housing Authority of Fresno County adopt
the attached resolution authorizing charge-off of uncollectible accounts to collection losses for County
Housing Programs, relative to the Second Quarter of 2014.
23
BEFORE THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF FRESNO COUNTY
RESOLUTION NO.
RESOLUTION AUTHORIZING CHARGE-OFF OF
UNCOLLECTIBLE ACCOUNTS TO COLLECTION LOSSES
FOR THE SECOND QUARTER 2014 FOR COUNTY HOUSING PROGRAMS
WHEREAS, the Housing Authority of Fresno County has made every reasonable
effort to collect the delinquent accounts; and
WHEREAS, in accordance with established policy which provides that at the end
of each quarterly period an examination shall be made by the project management of
such delinquencies and that, after the Board of Commissioners of the Housing
Authority of Fresno County has authorized charging uncollectible accounts to collection
losses, such amount as determined uncollectible shall be charged to collection losses.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the
Housing Authority of Fresno County desires to comply with said policy and does
hereby authorize charge-off to collection losses that total amount of $1,591.44.
PASSED AND ADOPTED THIS 27th DAY OF August, 2014. I, the undersigned, herby
certify that the foregoing Resolution was duly adopted by the governing body with the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________________
Preston Prince, Secretary of the Boards of Commissioners
24
PART I - ANALYSIS OF CHARGES TO ALL TENANT ACCOUNTS:
TYPE OF CHARGES
Dwelling Rent-Qrtly
Other Charges-Qrtly
NET RENT
LOW INC. PUB.HSG.
AMPS 1 - 6
AMOUNT
727,602.07
0.00
727,602.07
CHFA
PARKSIDE
AMOUNT
0.00
0.00
0.00
FARM LABOR
PARLIER ORCHARD
AMOUNT
0.00
0.00
0.00
MIGRANT
PARLIER
AMOUNT
0.00
0.00
0.00
PART II - COMPOSITION OF UNCOLLECTIBLE WRITE-OFFS:
TYPE OF CHARGES
Dwelling Rent
Legal Action
Miscellaneous Charges
Total Uncollectible
LOW INCOME
PUBLIC HSG.
AMOUNT
PERCENT
165.89
10.42%
501.19
31.49%
924.36
58.08%
1,591.44
100.00%
CHFA - PARKSIDE
AMOUNT
PERCENT
0.00
#DIV/0!
0.00
#DIV/0!
0.00
#DIV/0!
0.00
#DIV/0!
FLH - ORCHARD
AMOUNT
PERCENT
#DIV/0!
#DIV/0!
#DIV/0!
0.00
#DIV/0!
MGH - PARLIER
AMOUNT
PERCENT
#DIV/0!
#DIV/0!
#DIV/0!
0.00
#DIV/0!
PART III - COMPARISON OF NEW COLLECTION LOSSES TO PREVIOUS YEARS AND CURRENT YEAR-TO-DATE
Total
Uncollectible
LOW INC. PUB. HSG.
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calender Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
Amount
of Loss
Recovered
Losses
Percent of
Dwelling Rent
Per Unit
Per Month
47,448.54
23,884.68
31,345.37
42,440.06
52,934.08
8,130.00
1,591.44
46,056.18
23,450.68
28,131.08
42,172.68
49,225.72
8,130.00
1,591.44
1,392.36
434.00
3,214.29
267.38
3,708.36
0.00
0.00
1.60%
0.75%
1.04%
5.69%
7.03%
1.12%
0.22%
4.10
2.06
2.68
14.54
18.13
2.79
0.71
CITRUS GARDENS FARM LABOR
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calender Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
422.58
1,551.13
2,631.21
2,391.30
1,590.61
0.00
0.00
422.58
1,551.13
2,631.21
2,391.30
1,590.61
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00%
4.14%
8.73%
8.76%
6.96%
0.00%
0.00%
2.35
4.31
7.31
26.57
17.67
0.00
0.00
MENDOTA FARM LABOR
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calender Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
1,051.38
747.19
0.00
532.40
0.00
0.00
0.00
1,051.38
747.19
0.00
532.40
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.40%
0.90%
0.00%
0.50%
0.00%
0.00%
0.00%
5.84
1.04
0.00
2.96
0.00
0.00
0.00
PARLIER FARM LABOR
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calender Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
30.06
0.00
0.00
0.00
0.00
1,614.34
0.00
30.06
0.00
0.00
0.00
0.00
1,614.34
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.10%
0.00%
0.00%
0.00%
0.00%
3.35%
0.00%
0.25
0.00
0.00
0.00
0.00
13.45
0.00
0.00
434.75
0.00
0.00
0.00
0.00
0.00
0.00
434.75
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00%
1.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00
1.07
0.00
0.00
0.00
0.00
0.00
1,846.38
0.00
0.00
794.00
4,660.94
0.00
1.00
1,846.38
0.00
0.00
794.00
4,660.94
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
1.90%
0.00%
0.00%
1.83%
10.08%
0.00%
0.00%
6.16
0.00
0.00
5.29
31.07
0.00
0.00
867.00
0.00
0.00
867.00
0.00
0.00
0.00
0.00
0.00
0.04%
0.00%
0.00%
4.52
0.00
0.00
1,128.00
0.00
0.00
1,128.00
129.00
0.00
0.00
0.00
0.00
0.03%
0.01%
0.00%
2.85
0.00
0.00
FIREBAUGH FAMILY APARTMENTS
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calendar Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
PARKSIDE
Calendar Year 2009
Calendar Year 2010
Calendar Year 2011
Calender Year 2012
Calender Year 2013
First Quarter 2014
Second Quarter 2014
MALDONADO MIGRANT
Calender Year 2013
First Quarter 2014
Second Quarter 2014
PARLIER MIGRANT
Calender Year 2013
First Quarter 2014
Second Quarter 2014
25
CHARGE-OFF UNCOLLECTIBLE
ACCOUNTS RECEIVABLE
SECOND QUARTER 2014
COUNTY HOUSING PROGRAMS:
AMP 1
$ 1,591.44
AMP 2
$
-
AMP 3
$
-
AMP 4
$
-
AMP 5
$
-
AMP 6
$
-
TOTAL LOW INCOME PUBLIC HOUSING
$ 1,591.44
PARKSIDE CHFA
$
-
PARLIER FARM LABOR
$
-
MALDONADO MIGRANT
$
-
PALIER MIGRANT
$
-
TOTAL COUNTY WRITE-OFFS
$ 1,591.44
26
BOARD
MEMO
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
TO: Boards of Commissioners -
Fresno Housing Authority
FROM: Preston Prince
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 6e
AUTHOR: Richard Bradley
SUBJECT: Approval of the Agreement with the
California Employment Development Department
www.fresnohousing.org
Executive Summary
To aid us in gathering eligibility information for our resident certification and
re-examination processes, the California Employment Development
Department has supplied us with wage and claim data on our residents. This
information is necessary for expediting verifications and detecting unreported
income.
We propose to renew our contract with the Employment Development
Department for a period of three years, effective July 1, 2014 – June 30, 2017.
The maximum amount of this Agreement shall not exceed $19,992.00.
Recommendation
It is recommended that the Boards of Commissioners of the Housing
Authorities of the City and County of Fresno adopt the attached resolution
authorizing: (a) the acceptance of the Agreement between the Employment
Development Department and the Fresno Housing Authority; and (b) the term
of Agreement effective July 1, 2014 through June 30, 2017.
27
BEFORE THE BOARD OF COMMISSIONERS OF
THE HOUSING AUTHORITY OF THE CITY OF FRESNO
RESOLUTION NO. ____
RESOLUTION TO APPROVE THE AGREEMENT WITH THE
CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT
WHEREAS, the Housing Authority of the City of Fresno is required to verify
income and unemployment benefit information for the resident certification and
reexamination process; and,
WHEREAS, the Housing Authority of the City of Fresno has an Agreement with
the California Employment Development Department for the provision of said wage and
claim data; and
WHEREAS, the California Employment Development Department has agreed to
continue to provide said information to the Housing Authority of the City of Fresno for a
period of three years effective July 1, 2014 through June 30, 2017, at a cost not to exceed
$19,992.00;
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the Housing Authority of the City of Fresno authorizes the CEO/Executive Director,
and/or his designee, to renew the attached Agreement with the California Employment
Development.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the
undersigned, hereby certify that the foregoing Resolution was duly adopted by the
governing body with the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________________
Preston Prince, Secretary of the Boards of Commissioners
28
BEFORE THE BOARD OF COMMISSIONERS OF
THE HOUSING AUTHORITY OF FRESNO COUNTY
RESOLUTION NO. ____
RESOLUTION TO APPROVE THE AGREEMENT WITH THE
CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT
WHEREAS, the Housing Authority of Fresno County is required to verify income
and unemployment benefit information for the resident certification and reexamination
process; and,
WHEREAS, the Housing Authority of Fresno County has an Agreement with the
California Employment Development Department for the provision of said wage and
claim data; and
WHEREAS, the California Employment Development Department has agreed to
continue to provide said information to the Housing Authority of Fresno County for a
period of three years effective July 1, 2014 through June 30, 2017, at a cost not to exceed
$19,992.00;
NOW, THEREFORE, BE IT RESOLVED that the Boards of Commissioners of
the Housing Authority of Fresno County authorize the CEO/Executive Director, and/or
his designee, to renew the attached Agreement with the California Employment
Development.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the
undersigned, hereby certify that the foregoing Resolution was duly adopted by the
governing body with the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________________
Preston Prince, Secretary of the Boards of Commissioners
29
STATE OF CALIFORNIA
STANDARD AGREEMENT
STO.213 (Rev 0(/03) .
EDD CUSTOMER CODE:
E00089
PROJECT/ACTIVITY CODE:'
215/051
REGISTRATION NUMBER
AGREEMENT NUMBER
M595745
1. . This Agreement is entered into between the Agency and the State of California Contractor named below:
REQUESTER AGENCY NAME
Housing Authority of the City and County of Fresno
STATE OF CALIFORNIA-CONTRACTOR'S NAME
Employment Development Department
2.
3.
4.
The term of this
Agreement is:
The maximum amount
of this Agreement is:.
July 1,2014 through June 30, 2017
$19,992.00
(Nirieteen Thousand Nine Hund(ed and Ninety-Two Dollars and No Cents)
The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made
a part of the Agreement:
.
Pages'
Exhibit A
Scope of Work.
2
. Attachment Ai
Specifications
4
Pages
AttachmentA2 .
Authorization For Release of Records
1
Page
Exhibit B
Budget Detail and Payment Provisions
2
Pages
Exhibit C*
General Terms and Conditions
GTC 610
Exhibit D
Attachment D1
Protection of Confidentiality
Confidentiality Agreement
3
1
Attachment D2
IndemnityAgreement
Page
Attachment 03
Statement of Responsibility
Page
Pages
Page
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.
These documents can be viewed at: www.das.ca.ClovlolsIResourcesIStandardContractLanquaq e.aspx
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto,
California Department of General
Services Use Only
STATE OF CALIFORNIA CONTRACTOR
CONTRACTOR'S NAME (if other than an individuaL state whether a corporation, partnership, etc.) .'
Employment Development Department
BY (Authorized Signature)
,
DATE SIGNED(Do not type)
£S
PRINTED NAME AND TITLE OF PERSON SIGNING
Xochitl Montano, Manager, Contract Services Group
ADDRESS
722 Capitol Mall, MIC 62-C
Sacramento, CA 95814
~
AGENCY
AGENCY'S NAME
,
Housing Authority of the.City·and County of Fresno
BY (Authorized Signature)
jlil(
PRINTED NAME AND .TITLE OF PERSON SIGNING
,
DATE SIGNED(Do not type)
o
Exempt per:
Preston Prince, Chief Executive Officer
ADDRESS
PO Box 11985
Fresno, CA 93721-1985
30
;
,
EDD Agreement No. M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Page 1 of2
EXHIBIT A
(Standard Agreement)
This Agreement is entered into by and between the Employment Development Department, hereinafter
referred to as the EDD, and Housing Authority of the City and County of Fresno, hereinafter referred to as
the HA. It sets forth the terms and conditions for the release and use of the EOO's confidential information.
SCOPE OF WORK
I.
Purpose
The EDD 'agrees to provide confidential Wq.ge and Claim, Employer Address, Unemployment Insurance
(UI) Claim History, and Disability Insurance (01) Claim History information to the HA. The HA agrees to
use the confidential information provided by the EOO for the purpose of verifying applicants' and
tenants' eligibility for, and continued entitlement to, housing assistance in. accordance with Title 42,
United States Code Section 3544.
II. Legal Authority
The EDD shall make this information available to the HA pursuant to Title 42, United States 'Code
Section 503(i).
.
The HA shall request and use the specified information in accordance with Title 24 Code of Federal
Regulations Part 5, and Title 42, United States Code Section 3544.
Ill.
Contract Representatives
1. The EOD's contact persons are:
.
.
. CONTRACT NEGOTIATIONS, CONFIDENTiAUTY, AND TECHNICAL ASSISTANCE
Maureen Lentz, or Designee .
Employment Development Department
Information. Security Office, MIC33
P.O. Box 826880
Sacramento, CA 94280-0001
Phone:)
E-mail:
(916) 654-8261
[email protected]
FISCAL
Mary Bloomquist or Designee
Employment Development Department
Accounts Receivable Unit, MIC 70
P.O. Box 826880
.
Sacramento, CA 94280-0001
Phone:
E~mail:
(916) 653-4227
[email protected]
31
,
~,
EDD Agreement No. M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Page 2 of 2
EXHIBIT A
(Standard Agreement)
2. The HA contact persons are:
CONTRACT NEGOTIATIONS AND ADMINISTRATION
AND FISCAL MATTERS'
Richard Bradley, Director of Housing Management
Housing Authority of the City and County of Fresno
PO Box. ~ 1985, 1331 Fulton Mall
Fresno, CA 93721-2985
Phone:
FAX:
E-mail:
(559) 443-8400 ext. 4152
(559) 443-8495
[email protected]
CONFIDENTIALITY AND DATA SECURITY ASSIGNMENTS
Data Security and Integrity:
Rebecca L. Craigo, Chief Operations Officer
Internal distribution of EDD products:
Richard Bradley, Director of Housing Management
3. Either party may make changes to the Contract Representatives information above by giving written
notice to the other party. Said changes shall not require an amendment to this Agreement.
32
----~~----~~--~~--~~--~--~~~~--------------------------~--~---------------
EDD Agreement No. M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Page 1 of 4
ATTACHMENT A-1
(Standard Agreement)
SPECIFICATIONS
I.
METHODOLOGY
1. The HA staff authorized under this Agreement to request the EDD's confidential information
completes and submits data requests under the assigned Customer Code E00089, on the EDD form
DE 8720HA, "Housing Authority Request for Wage, Claim and Address Information, for individuals
who authorized the disclosure of the specified information by completing a valid consent
authorization form.
2. The EDD key enters the Social Security Numbers (SSNs) submitted by the HA.
a. On matching records the EDD produces the Abstract System (ASS) reports authorized
under this Agreement and mails them to the attention of the HA staff person responsible for
internal distribution of the EDD's confidential information.
b. The EDD does not process unreadable SSNs .
.3. On a quarterly basis the EDD invoices the HA for all SSN transactions key entered.
II. RESPONSIBILITIES
1. The EDD Agrees to:
a.
Provide an electronic template of the DE 8720HA, form for the HA to reproduce.
b. Provide a PowerPoint "completion instructions" training module to be used by the HA to train
its staff on how to complete the DE 8720 HA form and how to read the ASS reports provided
by the EDD.
c.
Use the SSNs provided by the HA on the EDD form DE 8720HA, under the assigned
customer code E00089, to search the EDD files. On positive matches the EDD will provide
the following the EDD ASS reports:
(1)
Current Wage and Claim Abstract (DE 507)
(2)
Employer Address. (DE 4989)
(3)
Current Unemployment Insurance (UI) Claim History (Up to 2 years old)
(4)
Current Disability Insurance (DI) Claim History (Up to 2 years old)
d. Process only the DE 8720HA that are completed to the EDD's specifications and mailed by the
HA to the EDD's Document Management Group, at:
Employment Development Department
Document Management Group, MIC 96
P. O. Box 826880
Sacramento, CA 94280-0001
33
EDD Agreement No. M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
ATTACHMENT A-1
(Standard Agreement)
Mail the ABS reports to the HA's staff person responsible for the dissemination of the EDD's confidential
information to other HA staff:
Name and Title:
Agency Name:
Mailing Address:
Richard Bradley, Director of Housing Management
Housing Authority of the City and County of Fresno
PO Box 11985,1331 Fulton Mall
----------~--------------------------------Fresno, CA 93721-2985
e. Monitor and determine status of the data and to ensure that the terms, conditions, and disclosure
constraints stipulated in this agreement are followed. This compliance review is part of the EDD
contract monitoring process.
2. The HA Agrees to:
a. Request only the EDD information specifically authorized under this Agreement.
b. Train all the HA staff authorized to use and request the EDD's confidential information under
this Agreement, on the proper completion of the DE 8720HA.
c.
Submit only the names and SSNs of individuals who authorized the disclosure of specific
information through valid consent forms as authorized under this Agreement. The HA shall
maintain valid consent forms meeting the requirements of Title 42, United States Code,
§3544(b)(1) and the California Civil Code §1798.24(b). A valid consent authorization must
be:
1. In writing;
2. Fully completed, signed and dated by the data subject;
3. Presented to the EDD within 30 days of the date it is signed, or within the time limit specified
in the consent authorization itself if a longer duration is applicable; and
4. Specific in terms of:
a. To whom (the EDD) the consent authorization is directed;
b. The time period for the information requested; and
c. The type of information to be disclosed.
d. Submit all requests under the EDD Customer Code E00089 and use the preparer code field
on the DE 8720HA form for internal distribution purposes.
e. Certify on the OE 8720 HA that a valid consent authorization, signed by the applicant, is
retained in the applicant's file and will be made available to the EDD upon request, and that·
this certification constitutes actual authorization for the release of information.
f.
Request the ABS reports authorized in this Agreement on form(s) DE 8720HA, on an "as
needed" basis. Mail the forms completed to the EDD specifications to:
Document Management Group, MIC 96
Employment Development Department
P. O. Box 826880
Sacramento, CA 94280-0001
g. Use the specified ABS reports only for the purpose of verifying applicants' and tenants'
eligibility for and continued entitlement to housing assistance in· accordance with Title 42,
United States Code, Section 3544.
34
-~-~~---------
----~~~~~~~~~~~--------~-----------------------------------
EDD Agreement No. M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Page 3 of4
ATTACHMENT A-1
(Standard Agreement)
h.
Comply with the California Unemployment Insurance Code (CUIC) on any matters pertaining
to the laccess, use, and/or release of data under this agreement. Failure to comply with this
provision shall be deemed a breach of this agreement and shall be grounds for cancellation
of this agreement.
i.
Oversee the HA staff in their use of confidential information received from the EDD.
j.
Instruct all the HA staff with access to the information provided by the EDD under this
Agreement regarding the: (1) the confidential nature of the information; (2) the requirements
of this Agreement; (3) the need to adhere to the security and confidentiality provisions
outlined in Exhibit D - Protection of Confidentiality Provisions; and (3) the sanctions and
penalties against unauthorized use or disclosure found in CUIC Sections 1094 and 2111,
the California Civil Code Section 1798.55, and the California Penal Code Section 502.
k.Ensure that all HA staff assigned to work with the information provided by the EDD have
signed the EDD Confidentiality Statement (Attachment D1. Rev 05/08/14).
I.
Comply with Title 20, Code of Federal Regulations Section 603.7 with respect to any of Jhe
EDD confidential information.
m. Use the information provided by the EDD only as specifically authorized under this
agreement. The CUIC 1095(u) prohibits a private collection agency from using any the EDD
information the HA obtains under this Contract. Therefore, nothing in this Contract shall be
construed to authorize or permit a private collection agency to use the EDD information for
any purpose. Violation of this paragraph will be a basis for terminating the Contract.
n.
Dispose of the EDD's confidential information using an approved method of confidential
destruction.
o.
Not release the EDD's confidential information to any other public or private entity without
the EDD's prior written consent.
.
p.
Cooperate with the EDD's authority to monitor this Agreement in accordance with Exhibit D,
Section II, paragraphs (e) and (t).
q. Comply with. ail the provisions of this Agreement. Pursuant to federal law,if the HA
fails to comply with any provision of this Agreement, including timely payment of the
EDD's costs under this Agreement, this Agreement shall be suspended and no further
disclosures will be made until the EDD is satisfied that corrective action has been
taken and there will be no further breach. In the absence of prompt and satisfactory
corrective action, this Agreement will be cancelled and the HA shall surrender to the
EDD all confidential information obtained under this Agreement which has not been
previously returned to the EDD, and any other information relevant to the Agreement.
20 C.F.R. Part 603.1 0(c)(1).
35
EDD Agreement No. M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Page 4 of4
ATTACHMENT A-1
(Standard Agreement)
3. Joint Responsibilities. Both parties agree to:
a. Designate staff to have primary responsibility for program liaison, coordination of activities,
and to meet, when necessary, to further redefine specific program procedures.
b. Not disclose any of the EDD or the HA information to any person or agency other than those
authorize specifically under this Agreement.
c.
4.
Cooperate fully and furnish such assistance as may be mutually agreed upon by the parties·
hereto as being necessary and appropriate for proper performance of this Agreement.
Disputes:
In the event of a dispute between the EDD and the HA over any part of this Agreement, the
dispute may be submitted to nonbinding arbitration upon the consent of both the EDD and the
HA. An election for arbitration pursuant to this provision shall not preclude either party from
pursuing any remedy for relief otherwise available.
III.
ACCURACY ASSESSMENT
Individual employers and claimants report the information in the EDD's files. Since the EDD is not the
originator of the information disclosed, the EDD cannot guarantee the accuracy of the information.
IV. TERMINATION CLAUSE
This agreement may be terminated by either party by giving written notice 30 days prior to the effective
date of termination.
36
II
.
I
. EDD Agreement No. M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Page 1 of 2
EXHIBIT B
(Standard Agreement)
'-BUDGET DETAILS AND PAYMENT PROVISIONS
a. The maximum amount of this Agreement shall not exceed Nineteen Thousand Nine Hundred and
Ninety-Two Dollars and No Cents(.$19,992.00).
b.ln consideration ofthe performance and completion of the foregoing in a satisfactory manner, and
upon rec~ipt of a detailed invoice, in triplicate, quarterly in arrears, the HA shall reimburse the EOO
the total amount due, based on the following product rate structure:
["'. . .
Requested Products Rate Structure
.
;~·~~·~ ·~·~·~~·~·~ ·~·~··;~·~·~~·~;~
1
I'
. . . r. . . . .
perproducttype,per .
quarter is:
1
i'
. .
~·~·~~ ~·~·~··~~·~~ ~~·~·· ~·~·;;~·~~
1
1
!
. . . ·. T. . . . . ·.
Data per requested product
type shall be:
:
c.
!
100 or less
$ 1.0375
....... l
Archive 'Data
1
(UI/OIJVVage) per
I·
1 requested product type I
1c····· .... ····•·......·· ......
. ····
shall
be:
. 1:
......··· .............................................
1
1
h •• •• ..... •••• .... •••••• .. ••••• .... •••••• .. • .... ••••• .. • .. •• .. ••••• ...................................~ ..............................................................................................•••• ... • .. ••• ....
!
.
~·~·~~··~·~·~ ~~~~··~~·~
I
$2.075
!
I::==~~~;~~;::=::E"=~~~~~~~"=~E=:~!~~=~==]
The. HA shall be charged for the total number of products requested. Each Social Security
Number (SSN) submitted may generate 1 to 4 products, depending on the types of Abstract
.
System reports r e q u e s t e d . '
d. The maximum amount of this Agreement has been computed based on a total of an estimated
1,666 SSNs per quarter, as follows:
Wage and Claim Abstract (DE 507)
1 product
1,666 x .25 x 12Q
$4,998.00
Employer Address (DE 4989)
·1 product
1,666 x .25 x 12Q
$4,998.00
UI Claim History - Current
1 product
1,666 x .25 x 12Q
$4,998.00
01 Claim History - Current
1 product·
1,666 x .25 x 120'
$4,998.00
Total for 3-year Agreement
f.
$19,992.00
The EOO invoices will reference the EOD Agreement No. M595745 and the EOD Customer
Code: E00089;and shall be submitted for payment to:
Richard Bradley, Director of Housing Management
Housing Authority of the City and County of. Fresno
PO Box 11985, 1331 Fulton Mall
Fresno, CA 93721-2985
37
EDD Agreement No. M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Pagez of2
. EXHIBIT B
(Standard Agreement)
g. The HA's payment mu'st-reference the EDDlnvoice Number, the EDD Agreement No.
M595745, and the Customer Code: E00089; and be submitted to:
Employment Development Department
Accounting Section, MIC 70'
P.O. Box 826217
Sacramento, CA 94230-6217
38
EDD Agreement Number: M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Page 1 of 3
EXHIBIT D
(Standard Agreement)
PROTECTION OF CONFIDENTIALITY
Federal and state confidentiality laws, regulations, and administrative policies classify· all the Employment
Development Department (EDD) information provided under this Agreement as confidential. The federal and
state laws prohibit disclosure of the ED D's confidential information to the public and mandate its protection
against loss and against unauthorized access, use, disclosure, modification, or destruction.
The HA must therefore, agree to the following security and confidentiality requirements:
I.
ADMINISTRATIVE SAFEGUARDS
a. Adopt policies and procedures to ensure use of the EDD's confidential information solely'for purpo~es
specifically authorized under this Agreement that meet the requirements of Title 20, Code of Federal
.
Regulations §603. 1O.
b. Warrant by execution of this Agreement, that no person or selling agency h~s been employed or
retained to solicit or secure this Agreement upon agreement or understanding for a commission,
percentage, brokerage, or contingent fee. In the event of a breach or violation ofthis warranty, the
EDD shall have the right to annul this Agreement without liability, in addition to other remedies provided
~Iaw.
.
c.
Warrant and certify that in the performance of this Agreement the HA will comply with all applicable
statutes, rules and/or regulations, and Agreement information security requirements, including but not
limited to the following:
€I
California Unemployment Insurance Code §1 094 (Disclosure Prohibitions)
•
Title 20, Code of Federal Regulations §603.9 and §603 ..10 (Federal Unemployment Compensation
Safeguards and Security Requirements)
•
California Civil Code § 1798, et seq. (Information Practices Act)
•
California Penal Code §502 (Computer Fraud Act)
•
Title 5, U.S. Code §552a (Federal Privacy Act Disclosure Restrictions)
•
Title 42, U.S. Code §503 (Social Security Act)
•
Title 18, U.S. Code §1905 (Disclosure of Confidential Information)
d. Except for state agencies, agree to indemnify the EDD against any loss, cost, damage or liability
resulting from violations of these applicable statutes, rules and/or regulations, ahd Agreement
information security requirements.
.
.
.
e. Protect the EDD's information against unauthorized access, at all times, in all forms of media. Access
and use the information obtained under thisAgreement only to the extent necessary to assist in the
valid administrative needs of the program receiving such information, and only for the purposes defined
in this Agreement.
.
f.
Keep all the EDD's confidential information completely confidential. Make this information available to
authorized personnel on a "need-to-know" basis and only for the purposes authorized under this
Agreement. "Need-to-know" refers to those authorized personnel who need information to perform their
official duties in connection with the use of the information authorized by this Agreement.
Confidentiality Requirements STD. [Rev 05/08/14]
39
EDD Agreement Number: M595745
EOO/Housing Authority of the City and County of Fresno
Customer Code: EOOO!;l9
Page 2 of 3
EXHIBIT D
(Standard Agreement)
g.
Notify the EOO Information Security Office (ISO) at,(916) 654-6231, immediately upon discovery, that'
there may have been a breach in security which has or may have resulted in compromise to the
confidential information. For purposes of this section, immediately is defined within 24 hours of
discovery of the breach. The notification shall be by phone and the caller shall speak directly with a
person in the EOO ISO. It is not sufficient to simply leave a message. The notification must include
a detailed description of the incident (such as time, date, location, and circumstances) and identifying
responsible personnel (name, title and contact information). The verbal notification shall be followed
with an email notificationto<[email protected]>.
II. MANAGEMENT SAFEGUARDS
a. Acknowledge that the confidential information obtained by the HA under this Agreement remains the
property, of the EOO.
b.
Instruct all personnel assigned to work with the information provided under this Agreement regarding
the ,following:
•
Confidential nature of the EOO information.
•
Requirements of this Agreement.
,. Sanctions specified in federal and state unemployment compensation laws and any other relevant
statutes against unauthorized disclosure of confidential information provided by the EOO.
c.
Require that all personnel assigned to work with the information provided by the EDO complete the EOD
Confidentiality Agreement (Attachment 01):
d, Return the following completed documents to the EOD Contract Services Group:
o
The EOO Indemnity Agreement (Attachment 02): Required to be completed by the HA
Chief Financial Officer or authorized Management Representative, unless HA is a State
Agency.
'
o
The EOO Statement of Responsibility Information Security Certification (Attachment 03):
Required to be completed by the Information Security Officer or authorized Management
Representative.
e. Permit the EOO to make on-site inspections to ensure that the terms of this Agreement are being met.
Make available to the EDO staff, on request and during on-site reviews, copies of the EOO
Confidentiality Agreement (Attachment 01) completed by personnel assigned to work with the EOO's
confidential information, and hereby made a part of this Agreement.
f.
Maintain a system of records sufficient to allow an audit of compliance with the requirements under
subsection (d) of this part. Permit the EOD to make on-site inspections to ensure that the requirements
of federal and state privacy, confidentiality and unemployment compensation statutes and regulations
are being met including but not limited to Social Security Act §1137(a)(5)(8).
III. USAGE, DUPLICATION, AND REDisCLOSURE SAFEGUARDS
a. Use the EDD's confidential information only for purposes specifically authorized under this Agreement.
The infOrmation is not admissible as evidence in any action or special proceeding except as provided
'under §1 094(b)of the California Unemployment Insurance Code (CUI C). Section 1095(u) of the CUIC
does not authorize'the use of the EDD's confidential information by any private collection agency.
Confidentiality Requirements STD. [Rev 05/08/14]
40
EDD Agreement Number: M595745
EDD/Housing Authority of the City and County of Fresno
Customer Code: E00089
Page 3 of 3
EXHIBIT D
(Standard Agreement)
b. Extraction or use of the EDD information for any pl,.lrpose outside the purposes stated in this Agreement
is strictly prohibited. The information obtained underthis Agreement shall not be reproduced, published,
sold, or released in original or any other form not specifically authorized under this Agreement.
c.
Disclosure of any of the EDD information to. any person or entity not specifically authorized in this .
Agreement is strictly prohibited. Personnel assigned to work with the EDD's confidential information
shall·not reveal' or divulge to any person or entity any of the confidential information provided under this
Agreement except as authorized or required by law.
IV. PHYSICAL SAFEGUARDS
a. Take precautions to ensure that only authorized personnel are given access t.o physical, electronic and
on-line files. Store electronic and hard copy information in a place physically secure from access by
unauthorized persons. Process and store information in electronic format, such as magnetic tapes .or
discs, in such a way that unauthQrized persons cannot retrieve the information by means of computer,
remote terminal, or other means.
b.
Secure and maintain any computer systems (network, hardware, and software applications) that will be
used in the performance of this Agreement. This includes ensuring that all security patches, upgrades,
and anti-virus updates are applied as appropriate to secure data that may be used, transmitted, or
stored on such systems in the performance of this Agreement.
c.8tore all the EDD's confidential documents in a physically secure manner at all times to prevent
unauthorized access.
d.
Store theEDD's confidential electronic records in a secure central computer faCility. Where in-use on a
shared computer systemor any shared data storage system, ensure appropriate information security
protections are in place. The HA shall ensure that appropriate security access controls, storage
proteCtions and use restrictions are in place to keep the confidential information in the strictest
confidence and shall make the information available to its own personnel on a "need-to-know" basis
only.
e. A cloud computing environment cannot be used to receive, transmit, store, or process the EDD's
confidential data.
f.
Store the EDD's confidential data in encrypted format when recorded on removable electronic storage
media, or on mobile computing devices, such as a laptop computer.
g.
Maintain an audit trail and record data access of authorized users and authorization level of access
granted to the EDD's data, based on job function.
h.
Direct aHpersonnel permitted to use the EDD's data to avoid leaving the data displayed on their
computer screens where unauthorized users may view it. Personnel should retrieve computer printouts
as soon as they are generated so thatthe EDD's data is not left unattended in printers where
unauthorized personnel may access them.
.
i.
Dispose of confide.ntial information obtained from the EDD, and any copies thereof made by the HA,
after the purpose for which the confidential information is disclosed is served. Disposal means return of
the confidential information to the EDD or destruction of the information utilizing an approved method of
confidential destruction, which includes electronic deletion (following Department of Defense
specifications) shredding, burning, or certified or witnessed destruction.
Confidentiality Requirements STD. [Rev 05/08/14]
41
Employment
Development
Department
EDD Contract No. M595745
EDD Customer Code No. E00089
.
EDD/Housing Authority of the City and County of Fresno
California
ATTACHMENT 01
Pa e 1 of 1
EMPLOYMENT DEVELOPMENT DEPARTMENT
CONFIDENTIALITY AGREEMENT
Information resources maintained by the State of California Employment Development Department (EDO) and provided to your agency may be
confidential or sensitive. Confidential and sensitive information are not open to the public' and require special precautions to protect it from wrongful
access, use, disclosure, modification, and destruction .. The EOO striCtly enforces information security. If you violate these provisions, you may be
subject to adminis~rative, civil, and/or criminal action.
.
_______-;;;;-==~;:__-----
an employee of
Housing Authority of the City and County of Fresno
PRINT YOUR NAME
PRINT YOUR EMPLOYER'S NAME
hereby acknowledge that the confidential and/or sensitive records of. the Employment Development Department are subject to strict confidentiality requirements
imposed by state and federal law include the Califomia Unemployment Insurance Code (UIC) §§1094 and 2111, the Califomia Civil Code (CC) §1798 et seq., the
. Califomia Penal Code (PC) §502, Title 5, USC §552a, Code of Federal Regulations, Title 20 part 603, and Tille 18 USC §1905.
--:=c-
INITIAL
acknowledge that my supervisor and/or the Contract's Confidentiality and Data Security Monitor reviewed with me the confidentiality and security
requirements, policies, and administrative processes of my organization and of.the EDD.
.
--:I:-;;:NIT;:C;IA"-L-
acknowledge responsibility for knowing the classification of the EDD information I work with and agree to refer questions about the classification of the .
EDD information (public, sensitive, confidential) to the person the Contract assigns responsibility for the security and confidentiality of the EDD's data.
-IN=ITIA""-L-
acknowledge responsibility for knowing the privacy, confidentiality, and data security raws that apply to the EDD information I have been granted access.
to by my employer, including UIC §§1 094 and 2111, California Government Code § 15619, CC § 1798.53, and PC § 502.
--:IN""IT::-:IA"-L-
acknowledge that wrongful access, use, modification, or disclosure of confidential information may be punishable as a'crime and/or result in disciplinary
and/or civil action taken against me-including but not limited to: reprimand, suspension without pay, salary redUction, demotion, or dismissal-and/or
fines and penalties resulting from criminal prosecution orcivillawsuits, and/or termination of contract.
-I=NIT=IA"-L-
acknowledge that wrongful access, inspection, use, 'Or disclosure of confidential information for personal gain, curiosity, or any non-business related
reason is a crime under state and federal laws.
.
-,-,.I=NIT=IA"-L-
acknowledge that wrongful access, use, modification, or disclosure of confidential information is grounds for immediate termination of my organization's
Contract with the EDD.
--::::=:-INITIAL
--:1:-;;:NIT:::-:IA7L -
agree to protect the following types of the EDD confidential and sensitive information:
Wage Information
"
Applicant Information
•
Employer Information
0
Proprietary Information
Claimant Information
•
Operational Information (manuals, guidelines, procedures)
Tax Payer Information
hereby agree to protect the EDD's information on either paper or electronic form by:
• Accessing or using the EDD supplied information only as specified in the Contract for the performance of the specific work I am assigned.
•
Never accessing information for curiosity or personal reasons.
•
Never showing or discussing sensitive or confidential information to or with anyone who does not have the need to know.
'Placing sensitive or confidential information only in approved locations.
• .Never removing sensitive or confidential information from the work site without authorization,
-.
Following encryption requirements for all personal, sensitive, or confidential information in any portable device or media.
0
"I certify that Lhave read and initialed the confidentiality statements printed above and will abide by them."
I
. Signature
Print Full Name (last, first, MI) .
Housing Authority of the City and County of Fresno
Print Name of Requesting Agency
o Employee
o Subcontractor
o Other
o
o
Student
Volunteer
Explain
42
Attachment D1 [Rev 051414]
Employment
Development
D epartme nt
EDD Contract No. M595745
EDD CUstomer Code No. E00089
EDD/Housing Aulho"rity of the City and County of Fresno
California
ATTACHMENT 02
Pa e 1 of 1
EMPLOYMENT DEVELOPMENT DEPARTMENT
INDEMNITY AGREEMENT
In consideration of access to the EDD information which is personal, sens'itive, or confidehtial,
, Rebecca L. Craigo
(Enter name of Chief Financial Officer or authorized Management Representative)
agrees to indemnify the EDD against any and all'liability costs, damages, attorney fees, and other
expenses the EDD may incur by reason of or as a result of any unauthorized use of the personal,
sensitive, or confidential information or any violation of the "Confidentiality Agreement" by any and all
employees of:
Housing Authority of the City and County of Fresno
(Enter Requesting Agency/Entity Name)
This obligation shall be continuous and may not be changed or modified unless agreed to in writing.
In addition, I understand that the following penalties may be incurred for any such misuse of the EDD
Information:
1. Any individual who has access to returns, reports, or documents maintained by the EDD who fails to
protect the confidential information from being published or open to the public may be punished by
imprisonment in the county jail for up to one year or a fine of $20,000.00 or both. (California
Unemployment Insurance Code §§ 2111 and 2122) .
. 2. Any person who intentionally discloses information, not otherwise public, which they knew or should
have known was obtained from personal information maintained by a state agency, shall be subject
to civil action for invasion of privacy by the individual to whom the information pertains.
(California Civil Code §1798.53).
'3. Any unauthorized access to the EDD computer data, computer systems, or unauthorized use of the
EDD data is punishable by a fine or imprisonment in the county jail orboth. (California Penal Code
§502).
I certify that I have read, understand, and agree with the above terms.
Craigo, Rebecca L.
Print Full Name (last, first, MI)
Signature
Chief Operations Officer
Print Title
Date Signed '
)
Housing Authority of the City and County of Fresno
Print Name of Requesting Entity
Enter Name Governmental Sponsor/Entity
43
Attachment 02 [Rev 051414] ,
--------~~~~=--------=-~~~--=-~~~====~======================================
r
D
..."."..-w~
~,
tate
Employment
Development
Department
EDD Contract No. M595745
EDD Customer Code No. E00089
EDD/Housing Authority of the City and County of Fresno
~pr~'--~~-----
of
California
ATTACHMENT 03
Pa e 1 of 1
EMPLOYMENT DEVELOPMENT DEPARTMENT
STATEMENT OF RESPONSIBILITY
INFORMATION SECURITY CERTIFICATION
We, the Information Security Officer and Chief Executive Officer hereby certify that Housing Authority of the City
and County of Fresno has in place the safeguards and security requirements stated in this Interagency Agreement.
We therefore accept responsibility for ensuring compliance with these requirements, as set forth in Exhibit "0" of
the EOO Agreement No. M595745.
.
IINFORMATION SECURITY OFFICER SIGNATURE
PROGRAM DIRECTOR OR CHIEF INFORMATION OFFICER SIGNATURE
Rebecca L. Craigo
Preston Prince
PRINT NAME OF INFORMATION SECUIRTY OFFICER
PRINT NAME
Chief Operations Officer'
Chief Executive Officer
PRINT TITLE
PRINT TITLE
NOTE:
(559) 443-8488
(559) 443-8475
TELEPHONE NUMBER
TELEPHONE NUMBER
[email protected]
[email protected]
E-MAIL ADDRESS
E-MAIL ADDRESS
DATE SIGNED
DATE SIGNED
Return this Information Security Certification to the EDD Contract Manager with the signed
copies of the Contract.
1. Information Security Certification received by:
EDD CONTRACT MANAGER NAME
DATE RECEIVED
2. The EDD information asset access approved by:
CONTRACT MANAGER OR DISCLOSURE COORDINATOR
NOTE:
DATE APPROVED (AFF, EMAIL, ETC.)
The EDD must have a signed "Information Security Certification" in its possession prior to
disclosure of any personal, confidential, or sensitive information to the HA.
44
Attachment D3 [Rev 051414]
BOARD
MEMO
TO:
DATE: August 22, 2014
Fresno Housing Authority
BOARD MEETING: August 27, 2014
FROM: Preston Prince
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
Boards of Commissioners
CEO/Executive Director
AGENDA ITEM: 6f
AUTHOR: Richard Bradley
SUBJECT: Mandated Change to Calculation of Flat Rents effective October 1,
2014.
www.fresnohousing.org
Executive Summary
The Fresno Housing Authority intends to modify Flat Rents effective October 1,
2014, as mandated by the Department of Housing and Urban Development and
described below for the Housing Authority of the City of Fresno and the
Housing Authority of Fresno County.
Flat Rents are currently paid by 24 residents in City and County properties. The
former calculation to determine Flat Rents was based on a study of comparable
market rents assembled by the Fresno Housing Authority. No Utility
Allowance was given. Residents could elect to pay Flat Rents during
recertification and thereafter avoid the annual recertification process.
Normally, only residents with higher incomes chose to take this option.
This change will require that residents who choose to pay Flat Rents pay no less
than 80% of HUD’s Fair Market Rent minus a utility allowance, if applicable. In
some cases this will result in a decrease in Flat rent; in other cases an increase.
Residents will still have the option to converting back to a calculated rent based
on their income.
This action is subject to a public hearing to invite comments regarding the
modifications to the Flat Rent Requirements. A 45 day public notice was posted
in the Fresno Bee on July 13, 2014. If there are any public comments received,
the comments will be provided to the Board at the Board Meeting on August
27, 2014. The Board Meeting will also provide an opportunity for residents to
speak on the modification and, if possible or feasible, have their comments
incorporated.
The proposed modification is as follows:
The Fresno Housing Authority hereby amends its Flat Rent Policies to comply
with the statutory changes contained within Public Law 113 – 76, the Fiscal
Year 2014 Appropriation Act.
45
The Fresno Housing Authority will set the Flat Rental amount for each public
housing unit that complies with the requirement that all Flat Rents be set at no
less than 80 percent of the applicable Fair Market Rent (FMR) adjusted, if
necessary, to account for reasonable utilities costs. The new Flat Rental amount
will apply to all new program admissions effective October 1, 2014. For current
program participants that pay the Flat Rental amount, the new Flat Rental
amount will be offered, as well as the income-based rental amount, at the next
annual rental option.
The Fresno Housing Authority will place a cap on any increase in a family’s
rental payment that exceeds 35 percent, and is a result of changes to the Flat
Rental amount as follows:
•
Multiply the existing Flat Rental payment by 1.35 and compare that
to the updated Flat Rental amount;
•
The PHA will present two rent options to the family as follows:
o the lower of the product of the calculation and the updated Flat
Rental amount; or
o
the income-based rent.
Recommendation
It is recommended that the Boards of Commissioners of the Fresno Housing
Authority authorize the CEO/Executive Director to implement the change in the
Flat Rent Requirements to comply with the statutory changes contained within
Public Law 113 – 76, the Fiscal Year 2014 Appropriation Act.
Fiscal Impact
There may be a slight overall increase in rental income from the 24 households
currently paying Flat Rent and affected by this change but it is expected to be
minimal.
46
BEFORE THE BOARDS OF COMMISSIONERS OF
THE HOUSING AUTHORITIES OF THE CITY AND COUNTY OF FRESNO
RESOLUTION NO. ____
RESOLUTION TO APPROVE THE CHANGES TO FLAT RENTS EFFECTIVE
OCTOBER 1, 2014
WHEREAS, the Housing Authorities of the City and County of Fresno are mandated
by the Department of Housing and Urban Development to make a change that will require
that residents who choose to pay Flat rents pay no less than 80% of HUD’s Fair Market rent
minus a utility allowance to comply with the statutory changes contained within Public Law
113-76, the Fiscal Year 2014 Appropriations Act; and,
WHEREAS, the Housing Authorities of the City and County of Fresno have invited
public comments to the Flat Rent changes in a 45 day public notice posted July 13, 2014,
NOW, THEREFORE, BE IT RESOLVED that the Boards of Commissioners of the
Housing Authorities of the City and County of Fresno authorizes the CEO/Executive
Director, and/or his designee, to make changes to the Flat Rents that will require that
residents who choose to pay Flat rents pay no less than 80% of HUD’s Fair Market rent
minus a utility allowance.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the
undersigned, hereby certify that the foregoing Resolution was duly adopted by the governing
body with the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________________
Preston Prince, Secretary of the Boards of Commissioners
47
BOARD
MEMO
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
TO: Boards of Commissioners
Fresno Housing Authority
FROM: Preston Prince
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 6g
AUTHOR: Clayton E. Lucas II
SUBJECT: Equal Employment Opportunity Policy
www.fresnohousing.org
Executive Summary
It is the policy of the Fresno Housing Authority (the “Agency”) to ensure that
the Agency is in compliance with all applicable state and federal laws that
regulate the establishment and operation of Public Housing Authorities, and to
ensure that all employees at the Agency are treated in a manner consistent with
all applicable employment laws and regulations.
The Affirmative Action Plan was last reviewed and adopted by the Boards of
Commissioners in February 1993. Staff is recommending a replacement of the
Plan in the form of an Equal Employment Opportunity Policy that is in
compliance with all current applicable federal, state and local antidiscrimination laws. The purpose of this policy is to ensure non-discrimination
and fairness in all aspects of workplace practices, promoting equal employment
opportunity goals and professional advancement.
Recommendation
It is recommended that the Boards of Commissioners approve and adopt the
attached Equal Employment Opportunity Policy.
Fiscal Impact
None at this time.
48
RESOLUTION NO.
BEFORE THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF FRESNO
RESOLUTION APPROVING THE ADOPTION OF THE EQUAL EMPLOYMENT OPPORTUNITY
POLICY
WHEREAS, it is the policy of the Fresno Housing Authority (the “Agency”) to make sure
that the Agency is in compliance with all applicable state and federal laws that regulate the
establishment and operation of Public Housing Authorities, and to ensure that all employees at
the Agency are treated in a manner consistent with all applicable employment laws and
regulations; and
WHEREAS, various state, federal and local anti-discrimination laws and regulations
require the Agency to adopt certain personnel rules and regulations applying to all employees;
and
WHEREAS, various state and federal laws and regulations require the Agency to adopt
certain administrative policies; and
WHEREAS, the Equal Employment Opportunity policy is a necessary policy under the
applicable state and federal laws that govern the operation of the Agency in order to ensure
fairness and nondiscrimination in recruitment, employment and other workplace practices;
NOW THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of the
Housing Authorities of the City of Fresno does hereby adopt and incorporate the amended
policy.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the undersigned, hereby
certify that the foregoing Resolution was duly adopted by the governing body with the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________________
Preston Prince, Secretary of the Boards of Commissioners
49
RESOLUTION NO.
BEFORE THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE COUNTY OF FRESNO
RESOLUTION APPROVING THE ADOPTION OF THE EQUAL EMPLOYMENT OPPORTUNITY
POLICY
WHEREAS, it is the policy of the Fresno Housing Authority (the “Agency”) to make sure
that the Agency is in compliance with all applicable state and federal laws that regulate the
establishment and operation of Public Housing Authorities, and to ensure that all employees at
the Agency are treated in a manner consistent with all applicable employment laws and
regulations; and
WHEREAS, various state, federal and local anti-discrimination laws and regulations
require the Agency to adopt certain personnel rules and regulations applying to all employees;
and
WHEREAS, various state and federal laws and regulations require the Agency to adopt
certain administrative policies; and
WHEREAS, the Equal Employment Opportunity policy is a necessary policy under the
applicable state and federal laws that govern the operation of the Agency in order to ensure
fairness and nondiscrimination in recruitment, employment and other workplace practices;
NOW THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of the
Housing Authorities of the County of Fresno does hereby adopt and incorporate the amended
policy.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the undersigned, hereby
certify that the foregoing Resolution was duly adopted by the governing body with the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________________
Preston Prince, Secretary of the Boards of Commissioners
50
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
Equal Employment Opportunity Policy
Introduction
The Fresno Housing Authority (the “Agency”) is an equal employment opportunity (EEO) employer. In
accordance with federal and state anti-discrimination laws, it is the purpose of this Policy to effectuate
these principles and mandates. The Agency prohibits discrimination and harassment of any type and
affords equal employment opportunities to employees and applicants without regard to actual or
perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status or any other basis protected by law. In addition to
federal law requirements, the Agency complies with applicable state and local laws governing
nondiscrimination in employment in every location in which the Agency has facilities. Additionally, the
Agency will take action to employ, advance in employment and treat qualified Vietnam-era veterans and
disabled veterans without discrimination in all employment practices.
Purpose
The purpose of EEO is to ensure fairness in hiring, promotion and other workplace practices. Ultimately,
this will encourage a diverse, multi-talented workforce. Equal employment opportunity goals are
promoted through a set of federal and state laws addressing many different forms of unlawful
discrimination.
Applicable Laws
–
–
–
–
–
–
Federal Civil Rights Act of 1964, Title VI and VII as amended, and Executive Order Nos. 11141
and 11246, as amended.
California Fair Employment and Housing Act (FEHA).
Vietnam Veterans Readjustment Act of 1974, as amended.
Americans with Disabilities Act of 1990.
California Civil Rights Initiative – Proposition 209, enacted in 1996.
Americans with Disabilities Act Amendments Act of 2008.
Policy
The policy of EEO and anti-discrimination applies to all aspects of the relationship between the Agency
and its employees, including, but not limited to:
–
–
–
–
Recruitment
Employment
Promotion
Transfer
Equal Employment Opportunity Policy. Issued 8/27/2014
51
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
–
–
–
–
Training
Working conditions
Wages and salary administration
Employee benefits and application of policies
The policies and principles of EEO also apply to the selection and treatment of independent contractors,
personnel working on our premises who are employed by temporary agencies and any other persons or
firms doing business for or with the Agency.
The Agency administers its EEO policy fairly and consistently by:
–
–
–
–
–
Posting all required notices regarding employee rights under EEO laws in areas highly visible to
employees.
Advertising for job openings with the statement “An Equal Opportunity Employer—M/F/D/V.”
Forbidding retaliation against any individual who files a charge of discrimination, opposes a
practice believed to be unlawful discrimination, reports harassment, or assists, testifies or
participates in an EEO agency proceeding.
Encouraging employees to report to a member of management or the Human Resources Manager
any apparent discrimination or harassment.
Promptly notifying appropriate Agency officials of incidents or reports of discrimination or
harassment and taking appropriate measures to resolve the situation.
Objective
Because EEO violations may not always be clear, employees with questions should consult with their
supervisor, manager, or the Human Resources Manager. Any employee who becomes aware of a
potential EEO violation should immediately bring such violation to the attention of his or her own
supervisor or manager, the Human Resources Manager, and/or any member of management.
Violations of this policy, regardless of whether an actual law has been violated, will not be tolerated. The
Agency will promptly, thoroughly and fairly investigate every issue that is brought to its attention in this
area and will take disciplinary action, when appropriate, up to and including termination of employment.
Responsibility
Each and every employee, officer, and commissioner is required to abide by the provisions set forth in
this Policy and are responsible for implementing equal employment practices within each respective area.
The Human Resources Department is responsible for overall compliance and will maintain personnel
records in compliance with applicable laws and regulations. The Executive Director or his/her designee
is responsible for the administration, interpretation, and application of this policy and procedure. The
Boards of Commissioners are responsible for policy adoptions and revisions.
Equal Employment Opportunity Policy. Issued 8/27/2014
52
BOARD
MEMO
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
TO: Boards of Commissioners
Fresno Housing Authority
FROM: Preston Prince
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 6h
AUTHOR: Clayton E. Lucas II
SUBJECT: Policy Against Harassment and Discrimination
www.fresnohousing.org
Executive Summary
It is the policy of the Fresno Housing Authority (the “Agency”) to ensure that
the Agency is in compliance with all applicable state and federal laws that
regulate the establishment and operation of Public Housing Authorities, and to
ensure that all employees of the Agency are treated in a manner consistent with
all applicable employment laws and regulations.
The Policy Against Harassment and Discrimination was last reviewed and
adopted by the Boards of Commissioners in October 2010. This policy aims to
ensure that all Agency employees can work in an environment free of
harassment, discrimination and retaliation. The proposed revision of the policy
has been drafted in compliance with all current applicable federal, state and
local anti-discrimination and harassment laws and regulations. The policy
defines workplace harassment and discrimination and prohibits inappropriate
conduct in all forms. The subsequent Procedure Against Harassment and
Discrimination will detail appropriate disciplinary measures in the case of
violations of the Policy and provide procedures for the lodging and
investigation of complaints regarding conduct that violates the Policy.
Recommendation
It is recommended that the Boards of Commissioners approve and adopt the
attached Policy Against Harassment and Discrimination.
Fiscal Impact
None at this time.
53
RESOLUTION NO.
BEFORE THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF FRESNO
RESOLUTION APPROVING THE ADOPTION OF REVISIONS TO THE POLICY AGAINST
HARASSMENT AND DISCRIMINATION
WHEREAS, it is the policy of the Fresno Housing Authority (the “Agency”) to make sure that the
Agency is in compliance with all applicable state and federal laws that regulate the establishment and
operation of Public Housing Authorities, and to ensure that all employees at the Agency are treated in a
manner consistent with all applicable employment laws and regulations; and
WHEREAS, various state, federal and local anti-discrimination and harassment laws and
regulations require the Agency to adopt certain personnel rules and regulations applying to all
employees; and
WHEREAS, various state and federal laws and regulations require the Agency to adopt certain
administrative policies; and
WHEREAS, the revised Policy Against Harassment and Discrimination is a necessary policy under
the applicable state and federal laws that govern the operation of the Agency to define workplace
harassment and discrimination, prohibit inappropriate conduct in all forms, carry out appropriate
disciplinary measures in the case of violations of this Policy, and provide procedures for the lodging and
investigation of complaints regarding conduct that violates this Policy;
NOW THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of the Housing
Authorities of the City of Fresno does hereby adopt and incorporate the revised policy.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the undersigned, hereby
certify that the foregoing Resolution was duly adopted by the governing body with the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________________
Preston Prince, Secretary of the Boards of Commissioners
54
RESOLUTION NO.
BEFORE THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE COUNTY OF FRESNO
RESOLUTION APPROVING THE ADOPTION OF REVISIONS TO THE POLICY AGAINST
HARASSMENT AND DISCRIMINATION
WHEREAS, it is the policy of the Fresno Housing Authority (the “Agency”) to make sure that the
Agency is in compliance with all applicable state and federal laws that regulate the establishment and
operation of Public Housing Authorities, and to ensure that all employees at the Agency are treated in a
manner consistent with all applicable employment laws and regulations; and
WHEREAS, various state, federal and local anti-discrimination and harassment laws and
regulations require the Agency to adopt certain personnel rules and regulations applying to all
employees; and
WHEREAS, various state and federal laws and regulations require the Agency to adopt certain
administrative policies; and
WHEREAS, the revised Policy Against Harassment and Discrimination is a necessary policy under
the applicable state and federal laws that govern the operation of the Agency to define workplace
harassment and discrimination, prohibit inappropriate conduct in all forms, carry out appropriate
disciplinary measures in the case of violations of this Policy, and provide procedures for the lodging and
investigation of complaints regarding conduct that violates this Policy;
NOW THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of the Housing
Authorities of the County of Fresno does hereby adopt and incorporate the revised policy.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the undersigned, hereby
certify that the foregoing Resolution was duly adopted by the governing body with the
following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________________
Preston Prince, Secretary of the Boards of Commissioners
55
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
Policy Against Harassment and Discrimination
Introduction
The Fresno Housing Authority (the "Agency") strives to create and maintain a work environment in
which people are treated with dignity, decency and respect. The environment of the Agency should be
characterized by mutual trust and the absence of intimidation, oppression and exploitation. Employees
should be able to work and learn in a safe, yet stimulating atmosphere. Therefore, the Agency expects
that all relationships among persons in the office be professional and free of bias, prejudice and
harassment. The accomplishment of this goal is essential to the mission of the Agency. For that reason,
the Agency will not tolerate harassment or discrimination of any kind. Through enforcement of this
policy and procedure and by education of its employees, the Agency will seek to prevent, correct and
discipline any behavior that violates this policy.
This policy applies to all applicants and employees, whether related to conduct engaged in by fellow
employees or by someone not directly connected to the Agency (e.g., an outside vendor, independent
contractor, consultant, or customer). Conduct prohibited by this policy is unacceptable in the workplace
and in any work-related setting outside the workplace, such as during business trips, business meetings
and business-related social events.
Purpose
The Agency has developed this policy to ensure that all its employees can work in an environment free
from harassment, discrimination and retaliation. The Agency will make every reasonable effort to ensure
that all concerned are familiar with this policy and are aware that any complaint in violation of this policy
will be investigated and resolved appropriately, as outlined in the Procedure Against Harassment and
Discrimination.
This policy applies to all Agency employees, officers, and commissioners, as well as to persons not
directly connected to the Agency (e.g., an outside vendor, independent contractor, consultant, or
customer). An employee’s failure to comply with this policy may result in disciplinary action up to and
including termination. Persons who violate this policy may also be subject to civil damages or criminal
penalties. Individual commissioners who violate this policy may be sanctioned by the Board or,
depending upon the violation, may be subject to penalty by federal, state, or local regulatory bodies.
Anyone who has questions or concerns about this policy should speak with the Human Resources
Manager or a member of management.
Policy Against Harassment and Discrimination. Issued 8/27/2014
56
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
Policy
The Agency shall not engage in or tolerate discrimination or harassment against employees or applicants
for employment on the basis of actual or perceived race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status or any other
basis protected by law. All employees or applicants for employment are to be treated with respect and
dignity. It is the responsibility of all employees to adhere to and implement this policy. The Agency has
zero tolerance for any conduct that violates this policy. Conduct need not rise to the level of a violation of
the law in order to violate this policy. Instead, an employee’s failure to follow the policy provides
grounds for disciplinary action up to and including termination of employment or vendor contracts.
Persons who believe they have experienced any form of discrimination or harassment are encouraged to
report this conduct to the Human Resources Manager or a member of management immediately.
Objective
The objective of the Agency in implementing and enforcing this policy is to define workplace harassment
and discrimination, prohibit inappropriate conduct in all forms, carry out appropriate disciplinary
measures in the case of violations of this policy, and provide procedures for the lodging and investigation
of complaints regarding conduct that violates this policy.
The Agency, in compliance with all applicable federal, state and local anti-discrimination and harassment
laws and regulations, enforces this policy in accordance with the following definitions and guidelines:
Discrimination
It is a violation of this policy to discriminate in the provision of employment opportunities, benefits or
privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in
employment if the basis of that discriminatory treatment is, in whole or in part, based on the person’s
actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, military and veteran status or any other basis protected by law.
Discrimination is prohibited by a variety of federal, state and local laws including the Fair Employment
and Housing Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the
Americans with Disabilities Act of 1990, and the Americans with Disabilities Act Amendments Act of
2008. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws.
Policy Against Harassment and Discrimination. Issued 8/27/2014
57
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
Harassment
The Agency prohibits harassment, including sexual harassment, of any kind, and will take appropriate
and immediate action in response to complaints or knowledge of violations of this policy. For purposes of
this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce an
employee, co-worker or any person working for or on behalf of the Agency.
The following examples of harassment are intended to be guidelines and are not exclusive when
determining whether there has been a violation of this policy:
–
Verbal harassment includes comments that are offensive or unwelcome regarding a person’s
actual or perceived race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, military and veteran status or any other basis
protected by law, including epithets, slurs and negative stereotyping.
–
Nonverbal harassment includes distribution, display or discussion of any written or graphic
material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect
toward an individual or group because of actual or perceived race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military
and veteran status or any other basis protected by law.
Sexual Harassment
Sexual harassment is a form of unlawful employment discrimination and is prohibited under this policy.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis
for employment decisions or such conduct has the purpose or effect of creating an intimidating, hostile or
offensive working environment.
There are two types of sexual harassment:
–
“Quid pro quo” harassment, where submission to harassment is used as the basis for
employment decisions (e.g., employee benefits such as raises, promotions and better working
hours, etc.). Only someone in a supervisory capacity (with the authority to grant such benefits)
can engage in quid pro quo harassment.
–
“Hostile work environment” occurs where harassment creates an offensive and unpleasant
working environment. A hostile work environment can be created by anyone in the work
environment, whether it be supervisors, other employees, customers, or vendors. A hostile work
environment can occur where an employee is subjected to verbiage of a sexual nature,
Policy Against Harassment and Discrimination. Issued 8/27/2014
58
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
unwelcome sexual materials, unwelcome physical contact, etc., as a regular part of the work
environment.
Sexual harassment may take different forms. The following examples of sexual harassment are intended
to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
–
Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature,
sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this
includes repeated, unwelcome requests for dates); and verbal abuse or “kidding” that is sexual in
nature and unwelcome.
–
Nonverbal sexual harassment includes the distribution, display or discussion of any written or
graphic material, including calendars, posters and cartoons that are sexually suggestive or show
hostility toward an individual or group because of sex; suggestive or insulting sounds; leering;
staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, photos, text
messages, tweets and internet postings; or other form of communication that is sexual in nature
and offensive.
–
Physical sexual harassment includes unwelcome physical contact, including touching, tickling,
pinching, patting, brushing up against, hugging, massaging, cornering, kissing, fondling, etc.
Retaliation
The Agency encourages all employees to utilize this policy and the complaint procedure and prohibits
any form of retaliation in this regard. Specifically, no reprisals may be imposed on an employee in
response to:
–
Filing or responding to a bona fide complaint of harassment or discrimination;
–
Appearing as a witness in the investigation of a complaint of harassment or discrimination;
and/or,
–
Serving as an investigator of a complaint of harassment or discrimination.
Any person who engages in retaliation will be subject to disciplinary action up to and including
termination of employment.
Consensual Romantic or Intimate Relationships
The Agency strongly discourages romantic or intimate relationships between a manager or other
supervisory employee and his or her staff (an employee who reports directly or indirectly to that person)
because such relationships tend to create compromising conflicts of interest or the appearance of such
conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism
or bias in employment decisions affecting the employee. The atmosphere created by such appearances of
Policy Against Harassment and Discrimination. Issued 8/27/2014
59
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
bias, favoritism, intimidation, coercion or exploitation undermines the spirit of trust and mutual respect
that is essential to a healthy work environment.
If any employee of the Agency enters into a consensual relationship that is romantic or intimate in nature
with a member of his or her staff (an employee who reports directly or indirectly to him or her), or if one
of the parties is in a supervisory capacity in the same department in which the other party works, the
parties must notify the Human Resources Manager or other appropriate director/officer. Because of
potential issues regarding quid pro quo harassment, the Agency has made reporting of these types of
consensual relationships mandatory. This requirement does not apply to employees who do not work in
the same department or to parties who do not supervise or otherwise manage responsibilities over the
other.
Once the relationship is made known to the Agency, the Agency will review the situation with Human
Resources in light of all the facts (reporting relationship between the parties, effect on co-workers, job
titles of the parties, etc.) and will determine whether one or both parties should be moved to another job
or department. This determination will be based on which move will be least disruptive to the Agency as
a whole. If it is determined that one or both parties must be moved, but no other jobs are available for
either party, the parties will be given the option of terminating their relationship or resigning.
Responsibility
Each and every employee, officer, and commissioner is required to abide by the provisions set forth in
this policy. The Executive Director or his/her designee is responsible for the administration,
interpretation, and application of this policy and procedure. The Boards of Commissioners are
responsible for policy adoptions and revisions.
Policy Against Harassment and Discrimination. Issued 8/27/2014
60
BOARD
MEMO
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
TO: Boards of Commissioners
Fresno Housing Authority
FROM: Preston Prince
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 7a
AUTHOR: Emily Williams
SUBJECT: Financial Operating Results through June 30, 2014
www.fresnohousing.org
Executive Summary
The purpose of this memo is to present the financial operating results as of June
30, 2014 along with a brief summary of variances from the current approved
budget. Projections have been incorporated into the year-to-date budget to
account for the timing of cash flows and known variable expenses. These
adjustments were based on historical trends and the most current information
available.
Overall, the Agency performed better than expected in every category over the
past six months, except in our unrestricted reserve utilization. This $500
thousand dollar unfavorable variance is attributable to delayed receipt of our
Developer Fees for Alta Monte. Staff had originally budgeted to receive these
funds during the second quarter of 2014, but unfortunately, they were not
received until July, and therefore, will be included with the third quarter
results.
Total income for the second quarter was higher than projected due to an
increase in restricted revenue to the Low Rent Public Housing program and the
Housing Relinquished Fund Corporation (HRFC). Operating subsidy
prorations for public housing increased from the budgeted 87% of eligibility to
89% of eligibility. Interest income to HRFC has improved substantially due to
increased loan activity to our associated, multi-family developments.
Year-to-date expenditures have been lower than what was originally budgeted
for the first six months of the year. This is mainly attributable to a decrease in
expenses across the Agency, including reductions in payroll costs, maintenance
& repairs, and other administrative costs.
This memo includes a summary of the second quarter results.
61
Summary of Financial Results
* Dollars are shown in millions and rounded to the nearest ten thousand.
*Unrestricted Funds consist of Net Operating Income from the Core, Planning & Development, Affordable Housing
divisions, and any negative net operating income in Assisted Housing.
*Restricted Funds consist of the surpluses and deficits from the Housing Management and Instrumentalities
divisions, and the positive net operating income in Assisted Housing.
* 2nd Qtr. Budget does not equal 50% of the annual budget because it has been adjusted for the timing of certain
income and expenses. Annual budget figures are unchanged.
Recommendation
No action is necessary. This item is informational only.
Background Information
The original 2014 Operating Budget was approved by the Boards of Commissioners on December 18,
2013, with year-end net income of approximately $1.78 million dollars, of which $362 thousand was to be
added to our unrestricted operating reserves. This budget included the additional income from the equity
refinance of our Affordable Housing properties, which allowed the Agency to meet our goal of producing
a balanced budget. At the time of original adoption, Congress had yet to approve a federal budget for
fiscal year 2014, so the proposed budget used the most conservative estimates for our annual funding
levels.
On January 17, 2014, the President signed into law HR. 3547- the Consolidated Appropriations Act of
2014. The long-awaited budget deal set total federal spending limits for fiscal years 2014 and 2015, and
offered a partial replacement for the 2013 sequestration cuts. The Department of Housing and Urban
Development, the Agency’s main source of funding, released their final funding levels in late-March of
2014.
These funding changes, as well as several others expenditure revisions, were incorporated into the
revised budget which was adopted on May 28, 2014. The current approved Operating Budget was
approved with total net operating income of $2.18 million, and a surplus of $1.07 million in unrestricted
funds to be added to the Agency’s operating reserves.
62
Fresno Housing Authority
2014 Budget as of June 30, 2014
Core
Inst
P&CD
AHD
HSM
June 30th Results to 2014 YTD Budget
Financial Results as of June 30, 2014
Aff
Total
Core
Inst
P&CD
AHD
HSM
Aff
Total
HAP BUDGET
HAP RENTAL ASSISTANCE
‐
‐
‐
40,296,273 ‐
‐
40,296,273
‐
‐
‐
38,870,673 ‐
‐
38,870,673
(1,425,599)
‐3.5%
HAP PAYMENTS
‐
‐
‐
40,209,313 ‐
‐
40,209,313
‐
‐
‐
39,075,801 ‐
‐
39,075,801
(1,133,513)
‐2.8%
Restricted earnings:
‐
‐
‐
86,960 ‐
‐
86,960
‐
‐
‐
(205,127) ‐
‐
(205,127)
(292,087)
‐335.9%
OPERATING BUDGET
INCOME
Total Income:
4,727,528 542,807 1,791,527 5,188,877 5,561,325 677,605 18,489,669
4,389,843 1,043,834 1,354,241 5,160,269 6,910,315 840,858 19,699,360
1,209,691
6.5%
Salaries & Benefits
1,695,119 78,409 569,408 2,496,322 1,700,130 32,689 6,572,077
1,694,739 78,409 554,529 2,424,608 1,750,256 9,060 6,511,600
(60,476)
‐0.9%
Administrative Overhead
1,394,048 196,857 521,529 2,486,062 1,399,073 141,408 6,138,977
1,476,952 154,631 503,879 2,486,931 1,669,573 98,406 6,390,372
251,395
4.1%
Fleet & Facilities
209,555 ‐
8,749 35,123 1,755,936 235,342 2,244,704
165,232 ‐
10,631 22,698 1,569,927 306,441 2,074,928
(169,776)
‐7.6%
TRAVEL, TRAINING, STAFF DEVELOPMENT
Other
163,356 ‐
25,621 30,887 19,338 442 239,643
121,647 ‐
13,558 51,576 17,523 75 204,379
(35,264)
‐14.7%
‐
100,763 ‐
‐
9,676 9,351 139,839 149,530 308,395
(86,656)
‐21.9%
Total Expenses:
3,462,077 275,266 1,226,069 5,048,392 5,042,641 536,007 15,590,453
3,458,569 233,040 1,092,272 4,995,165 5,147,117 563,512 15,489,676
(100,777)
‐0.6%
EXPENSES
‐
168,163 126,126 395,051
‐
‐
Net Operating Income:
1,265,450 267,541 565,458 140,485 518,684 141,598 2,899,216
931,274 810,794 261,969 165,104 1,763,198 277,346 4,209,684
1,310,468
45.2%
‐
Unrestricted Funds
Unrestricted Funds 265 450 ‐
1
1,265,450
458 ‐
565
565,458
‐
141 598
141,598
1 972 506
1,972,506
931 274
931,274
‐
261 969
261,969
‐
‐
346
277
277,346
1 470 589
1,470,589
(501 917)
(501,917)
63
8/22/2014 11:53 AM
‐25 4%
‐25.4%
BOARD
MEMO
TO: Boards of Commissioners
Fresno Housing Authority
FROM: Preston Prince
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 7b
AUTHOR: Tiffany Mangum
SUBJECT: Update on Pre-Development Projects
www.fresnohousing.org
Executive Summary
Staff will present a brief update on Agency real estate projects in the predevelopment phase.
Recommendation
None.
64
BOARD
MEMO
TO: Executive Committee
Fresno Housing Authority
FROM: Preston Prince
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 7c
AUTHOR: Tiffany Mangum
SUBJECT: Consideration of Adoption of the Cooperation Agreement
between the Housing Authorities of the City and County of Fresno
www.fresnohousing.org
Executive Summary
During the June 3, 2014 Board Retreat, General Counsel facilitated discussions
regarding the contents and recommended changes to the standing Cooperation
Agreement. Subsequently, the recommendations have been incorporated with
further review conducted by the Executive Committee.
Additionally, the final document carrying the support of the Executive
Committee has been attached.
Recommendation
It is recommended the Boards of Commissioners review the attached
amendments for further deliberations during the September meeting of the
Boards. No action is requested at this time.
Fiscal Impact
None.
65
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JOINT RESOLUTION
OF
THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE FRESNO COUNTY
AND
THE BOARD OF COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF FRESNO
WHEREAS, Division 24, Part 2, Chapter 1, of the California Health and Safety Code,
and Title 1, Division 7, Chapter 5, of the California Government code permit public agencies,
including housing authorities, to enter into joint powers agreements; and
WHEREAS, the Housing Authority of Fresno County, California, a public body
corporate and politic, and the Housing Authority of the City of Fresno, a public body
corporate and politic, recognize and acknowledge that from time to time each engages in
similar or identical projects, endeavors, or other ventures with similar or identical goals; and
WHEREAS, the Housing Authority of Fresno County and the Housing Authority of
the City of Fresno recognize and acknowledge that pooling their respective resources in those
instances when both entities seek to attain similar or identical goals would result in
greaterenhance efficiency, effectiveness,effectiveness and economic savings to both entities;
and
WHEREAS, the Housing Authority of Fresno County and the Housing Authority of
the City of Fresno previously entered into a Joint Exercise of Powers Agreement To Provide
Cooperation On Matters Of Mutual Interest, on or about July 26, 1995 (the “1995
Agreement”).; and
WHEREAS, both the Housing Authority of Fresno County and the Housing Authority
of the City of Fresno desire to enter into an revised agreementagreement to cooperate that will
supersede the 1995 Agreementwill better enable both entities to collectively use and/or
coordinate respective resources to achieve their goals in future projects, endeavors, and/or
ventures; and
WHEREAS, the Housing Authority of Fresno County and the Housing Authority of
the City of Fresno desire to enter into an agreement to cooperate that will better enable both
entities to collectively use and/or coordinate respective resources to achieve their goals in
future projects, endeavors, and/or ventures.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the
Housing Authority of Fresno County and the Commission of the Housing Authority of the
City of Fresno as follows:
1.
The above recitals are true and correct, and hereby incorporated herein.
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2.
that tThe attached Revised Joint Exercise of Powers AgreementAgreement To
Cooperate, attached as Exhibit “A” hereto and incorporated herein by this reference, (Exhibit
A hereto) shall be and is hereby adopted.
PASSED AND ADOPTED this ____ day of ________, 20132014, by the following
vote, to wit:
Commissioner for the Housing Authority of Commissioner for the Housing Authority of
Fresno County
the City of Fresno
AYES:
AYES:
NOES:
NOES:
ABSENT:
ABSENT:
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[“SOFT” ARTICLE NO. 4]
REVISED JOINT EXERCISE OF POWERS
AGREEMENT
TO PROVIDE COOPERATION ON MATTERS
OF MUTUAL INTERESTAGREEMENT TO
COOPERATE
BETWEEN
THE HOUSING AUTHORITY OF THE COUNTY OF FRESNO
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Formatted: Font: 20 pt
Formatted: Font: 20 pt
Formatted: Font: 20 pt
Formatted: Font: 20 pt
Formatted: Font: Times New Roman, 20 pt
Formatted: _Hdg Center Bold, Left, Space
After: 6 pt, Hyphenate, Tab stops: Not at
3.25"
Formatted: Font: Times New Roman, 13 pt,
Not Bold
Formatted: Space After: 6 pt
AND
THE HOUSING AUTHORITY OF THE CITY OF FRESNO
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REVISED JOINT EXERCISE OF POWERS AGREEMENT
TO PROVIDE COOPERATION ON MATTERS OF MUTUAL
INTERESTAGREEMENT TO COOPERATE
BETWEEN
THE HOUSING AUTHORITY OF THE COUNTY OF FRESNO
AND
THE HOUSING AUTHORITY OF THE CITY OF FRESNO
Formatted: Centered
THIS AGREEMENT TO COOPERATEThis Agreement (this “Agreement”)
is entered into this __ day of _____, 2014 (the “Effective Date”), by and between the Housing
Authority of the County of Fresno, California, a public body corporate and politic, and the
Housing Authority of the City of Fresno, a public body corporate and politic, (referred to
herein from time to time as "the partiesParties") pursuant to the provisions of Title 1, Division
7, Chapter 5, Article 1, Section 6500 et seq. of the Health and Safety Code, authorizing
specified local public agencies to exercise jointly any power common to the contracting
specified local public agencies pursuant to Division 24, Part 2, Chapter 1, Section 34310 et
seq. of the Government Code.
WITNESSETHRECITALS
Formatted: Font: Not Bold, Underline
WHEREAS, the Parties desire to join public interest requires and it is in the
mutual interests of the parties hereto to join together to cooperate on certain programs of
mutual interest to the parties hereto; and
WHEREAS, each of the partiesParty to this Agreement has the power to enter
into this Agreement; and
WHEREAS, each of the parties to this Agreement desires to join with each
other for the purposes of cooperation and both Parties desire to cooperate for the purposes of
pooling of resources wherever possible so as to carry out their respective missions of the
parties hereto in a more cost efficient and effective manner.; and
WHEREAS, each of the parties to this Agreement desires to join together with
the other party for the purpose of cooperating on all projects, in all manners, and in all ways
wherein the boards of commissioners of the respective contracting parties hereto determine
that it is in the best interests of each party hereto that the parties to this Agreement cooperate
with each other;
NOW, THEREFORE, in consideration of the recitals set forth above, which
are herein incorporated by this reference, for and in consideration ofand the mutual
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covenants and undertakings set forth herein, the mutual receipt and sufficiency of which is
hereby acknowledged, advantages to be derived therefrom, and in consideration of the
execution of this Agreement by the partiesParties hereto, each of the parties to this
Agreement agrees as follows:
ARTICLE I
PURPOSES AND OBJECTIVES
This Agreement is entered into by and for the benefit of the partiesParties
hereto to permit the partiesParties hereto to cooperate and pool their respective resources on
all projects of mutual interest and with similar aims, thus promoting a more cost efficient and
effective method of achieving goals which that are common to both partiesParties to this
Agreement.
ARTICLE II
TERM
This Agreement shall become effective as of the date hereof Effective Date and
shall continue in full force and effect until such time as this Agreement is terminated by either
partyParty hereto upon one (1) year written notice to the other Party.
ARTICLE III
EFFECTIVENESS OF AGREEMENT AS TO SPECIFIC ENDEAVORS
Formatted: Font: Not Bold
Formatted: Keep with next
This Agreement shall be effective as to a specific project, endeavor, or venture
only upon passage of a joint resolution or separate resolutions, ( where such resolution(s)s
are deemed necessary or are required), by the commissioners of the Housing Authority of the
County of Fresno and by the commissioners of the Housing Authority of the City of Fresno.
When appropriate, tThis Agreement shall be attached to sSuch joint resolution or such
separate resolutions shall refer to this Agreement in its or their body/bodies.
ARTICLE IV
AGREEMENT AS TO GENERAL ENDEAVORS
The partiesParties hereto recognize and agree that it is in their respective
interests to reach consensus decisions on the any of the following matters so as to maximize
the operational efficiencies of the two entities:
1.
Professional services, including, but not limited to, aAuditing, and
Formatted: Font: Not Bold
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Ffinancial and legal Sservices.
Formatted: Font: Not Bold
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Formatted: Font: Not Bold
2.
Professional Services.
3.
Policies governing the internal operations of the Housing
AuthoritiesParties, including but not limited to, the Personnel and
Procurement Policies.
43.
The selection of key staff and officersthe Chief Executive
Officer/Executive Director.
Formatted: Font: Not Bold
54.
The purchase and/or rental of equipment, office space, and other
expenditures to carry out the business of the Housing Authoritiesboth
Parties.
Formatted: Font: Not Bold
Therefore, the partiesParties do hereby agree that in the event that a decision of
one Housing AuthorityParty takes an action during a publicly noticed meeting that conflicts
with the decision of the other Housing AuthorityParty concerning any of the above listed
topics; then in such case, the matter will be postponed until a future regular or specialthe
following monthly meeting (preferably the following monthly meeting). During the
postponement period, the Chairpersons and Vice Chairpersons of the respective
partiesParties will meet and confer regarding the issue, study the issue, meet and confer, and
formulate recommendations to the Boards of both of the partiesParties and report their
recommendations and findings to the Boards of the partiesParties at the next futuremonthly
meeting. Their recommendations and report will also include information regarding the
potential consequences of the partiesParties not reaching a consensus, including but not
limited to, the financial consequences, operational difficulties and/or other detrimental effects
occasioned thereby, to the respective Housing AuthoritiesParties.
This procedure is not designed or intended to infringe on the respective Boards
of Commissioners’ options, including but not limited to, their ability to vote for the best
interest of the respective entitiesParties. This procedure It is simply intended to provide a
means to expeditiously discuss and resolve conflicts and provide for the orderly
administration of the partiesParties’ businesses and interests. However, each partyParty
remains solely empowered to vote on any particular issue(s) and/or make any decisions(s) as
it best sees fit.
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ARTICLE V
INSTRUMENTALITIES
The Housing Authorities of Fresno County as well as the Housing
Authorities of the City of Fresno do, from time to time, create single purpose entities
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and/or other instrumentalities to carry out specific functions and/or projects. In order
to create a systematic approach and a uniform governance structure for such
instrumentalities, the parties hereby agree that such instrumentalities will be governed
by a five (5) person Board. The five (5) persons will be (1) the Chairperson of the
Housing Authority of the City of Fresno; (2) a Commissioner of the Housing Authority
of the City of Fresno that is designated by the Chairperson of the Housing Authority of
the City of Fresno in his or her sole discretion; (3) the Chairperson of the Housing
Authority of the County of Fresno; (4) a Commissioner of the Housing Authority of the
County of Fresno that is designated by the Chairperson of the Housing Authority of the
County of Fresno in his or her sole discretion; and (5) the Chief Executive Officer of the
Housing Authorities of the City and County of Fresno. By joint resolution of both
parties hereto, the structure may be modified for a particular instrumentality.
ARTICLE VI
AGREEMENT NOT EXCLUSIVE; OPERATION
AND JURISDICTION OF PARTYPARTY
This Agreement shall not be exclusive, and each partyParty hereto expressly
reserves its rights to carry out other projects, endeavors, or ventures in accordance with
applicable California law. This Agreement shall not be deemed to amend or alter the terms
of other agreements which may exist between the partiesParties hereto, except as expressly
provided herein.
ARTICLE VII
LIMITED LIABILITY AND INDEMNIFICATION
Pursuant to the provisions of Section 895 et seq. of the California Government
Code, the parties hereto agree to defend, indemnify, and hold harmless each other from any
liability, claim, or judgment for injury or damages caused by a negligent or wrongful act or
omission of an agent, officer and/or employee of a party which occurs or arises out of
performance of this Agreement.
The tort liability under this Agreement shall be controlled by the provisions of
Division 3.6 of Title 1 of the California Government Code.
Debts, liabilities, and obligations which may be incurred under this Agreement
do not constitute the debts, liabilities, and/or obligations of any party hereto.
Formatted: Indent: First line: 1"
ARTICLE VIII
SEVERABILITY
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Should any part, term, or provision of this Agreement be decided by a court of
competent jurisdiction to be illegal or in conflict with any law of the State of California, or
otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms,
or provisions hereof shall not be effected thereby.
ARTICLE IXVII
SUCCESSORS; ASSIGNMENT
This Agreement shall be binding upon and shall inure to the benefit of the
successors of the partiesParties hereto, except to the extent expressly provided herein, neither
partyParty may assign any right or obligation hereunder without the express written consent
of the other.
ARTICLE VIIIX
AMENDMENT OF AGREEMENT
This Agreement shall be altered or amended only by the mutual written
consent of the both partiesParties hereto.
ARTICLE XI
COMPLETE AGREEMENT
This Agreement constitutes the full and complete understanding and
agreement of the parties hereto. There are no oral understandings or agreements not set forth
in writing herein. As concerns the specific projects, endeavors, or ventures to be entered into
by the parties hereto in the future, the terms and provisions of such projects, endeavors, or
ventures shall be embodied in writings which are complete agreements, and the terms of such
future agreements are and shall be incorporated herein by this reference.
ARTICLE XII
EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, and such counterparts shall collectively constitute one and the same
Agreement.
ARTICLE IXIII
DISPUTE RESOLUTION
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Unless otherwise provided for in this Agreement, by law, or by court order, iIn
the event of any dispute regarding any subject matter whatsoever between the Housing
Authority of the City of Fresno and the Housing Authority of Fresno County, the
partiesParties will first attempt to resolve such dispute by their respective Chairpersons and
Vice Chairpersons conducting in confidential settlement discussions in person. In the event
that the partiesParties are not able to resolve the dispute in such a manner, the partiesParties
will next engage in a confidential and privileged mediation process before a mutually
selected neutral Retired Judge or Justiceparty. If the partiesParties remain unable to resolve
the dispute, then the dispute will be resolved by final and binding arbitration before a Retired
Judge or Justice (which will be a different individual then the Retired Judge or Justice that
served as Mediator).either Party may exercise its right to proceed with a legal action in
Federal or State Court.
This Agreement constitutes a waiver of any right to a jury trial and also waives
any right to proceed before any Federal or State Court and/or any Federal or State
administrative agency with regards to any and all disputes between the parties hereto. The
arbitration will be conducted at a location in the County of Fresno to be selected by the
Arbitrator at a time and date selected by the Arbitrator. The Arbitrator shall follow California
substantive and procedural law, except only at hearing, any relevant evidence may be
presented by either party and the formal rules of evidence applicable to judicial proceedings
(in the sole discretion of the Arbitrator) need not govern so long as the Arbitrator deems it
trustworthy. The Arbitrator shall hear and determine the dispute and shall execute and
acknowledge his or her decision in writing with an explanation of the basis for his or her
ruling. The Arbitration shall comply and be governed by the provisions of the California
Arbitration Act (CCP §1280, et seq.). Each party shall bare its own legal fees, costs, and
expenses and shall share equally the Arbitrator’s expense.
Formatted: Font: Not Bold
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Formatted: Font: Not Bold
ARTICLE XIV
HEADINGS
All headings in this Agreement are for convenience of reference only and shall
not broaden or limit the scope of any substantive language which follows said heading.
ARTICLE XI
COMPLETE AGREEMENT
This Agreement constitutes the full and complete understanding and
agreement of the Parties hereto. There are no oral understandings or agreements not set forth
in writing herein. As to the specific projects, endeavors, or ventures to be entered into by the
Parties hereto in the future, the terms and provisions of such projects, endeavors, or ventures
shall be embodied in writings that are complete agreements, and the terms of such future
agreements are and shall be incorporated herein by this reference.
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ARTICLE XII
EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, and such counterparts shall collectively constitute one and the same
Agreement.
Executed by the undersigned on the respective date set forth after the
signatures of their duly authorized officers.
Housing Authority of the County of Fresno
Housing Authority of the City of Fresno
BYBy:_____________________________
___
BYBy:______________________________
___
Name: _____________________________
Name: ______________________________
Title: ______________________________
Title: _______________________________
Date:_______________________________ Date:________________________________
ay:F:\DATA\docs\ha\Rev Jnt Pwr Agr-Soft.docx
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BOARD
MEMO
TO: Boards of Commissioners
Fresno Housing
FROM: Preston Prince
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 7d
AUTHOR: Tiffany Mangum
SUBJECT: Consideration of the Amended Governing Bylaws of the Boards of
Commissioners for the Housing Authorities of the City and County of Fresno
www.fresnohousing.org
Executive Summary
As part of the ongoing governance efforts by the Boards and the Executive
Management Staff, the amended bylaws for each of the Boards have been
prepared for review by the Boards. The attached final drafts of the bylaws are
the result of discussions facilitated at the June 2014 Board retreat, and based
upon recommendations submitted by General Counsel.
The attached documents reflect all changes proposed and discussed during
these working sessions with the Boards, General Counsel, and Executive
Management staff.
Recommendation
It is recommended the Boards of Commissioners review the attached
amendments for further deliberations during the September meeting of the
Boards. No action is requested at this time.
Fiscal Impact
None.
Background Information
During the June 2014 Board Retreat, General Counsel indicated there were
recommended changes he would recommend the Boards consider. These items
would summarily work to provide clarity to matters and conduct of business
already practiced by the Boards.
76
BY-LAWS FOR THE BOARD OF COMMISSIONERS
OF THE HOUSING AUTHORITY OF THE CITY OF FRESNO
ARTICLE I – THE AUTHORITY
Section 1.
Name of Authority. The name of the Authority shall be “Housing
Authority of City of Fresno, California.”
Section 2.
Seal of Authority. The seal of Authority shall be in the form of a
circle and shall bear the name of the Authority and the year of its organization.
Section 3.
Office of Authority. The offices of the Authority shall be at 1331
Fulton Mall in the City of Fresno, State of California, but the Authority may hold its
meetings at such places as it may designate, pursuant to applicable law.
ARTICLE II – OFFICERS
Section 1.
Officers. The officers of the Authority’s Board of Commissioners
shall be a Chair, a Vice Chair and a Secretary/Treasurer.
Section 2.
Chair. The Chair shall preside at all meetings of the Board of
Commissioners. The Chair shall make appointments to all committees on behalf of the
Board of Commissioners and lead the supervision of the CEO/Executive Director. At
each meeting, the Chair shall submit such recommendations and information as he or she
may consider proper concerning the business, affairs and policies of the Authority.
Section 3.
Vice Chair. The Vice Chair shall perform the duties of the Chair in
the absence or incapacity of the Chair; and in case of the resignation or death of the
Chair, the Vice Chair shall perform such duties as are imposed on the Chair until such
time as the Board of Commissioners shall select a new Chair.
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Section 4.
Secretary/Treasurer.
The
Secretary/Treasurer
shall
be
the
CEO/Executive Director of the Authority and, as CEO/Executive Director, he or she shall
have general supervision over the administration of its business and affairs, subject to the
direction of the Board of Commissioners. He or she shall be charged with the
management of the operations of the Authority. Additionally, the Secretary/Treasurer
shall sign all contracts, deeds, and other instruments on behalf of the Board of
Commissioners, as authorized by resolution of the Board of Commissioners.
As Secretary, he or she shall keep the records of the Authority, shall act as
Secretary of the meetings of the Board of Commissioners and record all votes, and shall
keep a record of the proceedings of the Board of Commissioners in a journal of
proceedings to be kept for such purposes, and shall perform all duties incident to his or
her office. He or she shall keep in safe custody the seal of the Authority and shall have
the power to affix such seal to all contracts and instruments authorized to be executed by
the Board of Commissioners.
As Treasurer, he or she shall have the care and custody of all funds of the
Authority and shall deposit the same in the name of the Authority in such bank or banks
as the Board of Commissioners may select. He or she shall pay out and disburse moneys
under the direction of the Board of Commissioners. He or she shall be responsible for
management and oversight of all fiscal records and activities of the Authority and shall
render a quarterly account of the financial conditions of the Board of Commissioners.
The Secretary/Treasurer shall give such bond for the faithful performance of his or her
duties as the Authority may determine. Checks may be signed and countersigned by any
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two of the following persons: CEO/Executive Director, Deputy Director/CFO, Chair,
Vice Chair, Chief Administrations Administrative Officer, Chief Operations Officer, or
other designee as identified pursuant toapproved by resolution of the Board of
Commissioners.
The CEO/Executive Director and Secretary/Treasurer shall be approved by the
Board of Commissioners, upon such terms as it determines. No Commissioner shall be
eligible for this office.
Section 5.
Additional Duties. The officers shall perform such other duties and
functions as may from time to time be required by the Board of Commissioners or the
bylaws or rules and regulations of the Board of Commissioners.
Section 6.
Election or Appointment. The Chair and Vice Chair shall be elected
at the annual meeting of the Board of Commissioners from among the commissioners of
the Board of Commissioners, and shall hold office for two years or until their successors
are elected and qualified. The election of the Chair and Vice Chair shall occur at the
annual meeting in odd numbered years, unless rescheduled by the Board of
Commissioners. Any Commissioner wishing to be considered for Chair or Vice-Chair
shall make his or her interest known to the Board of Commissioners at a regular meeting
two months or more before the meeting at which the election is to take place.
When the term of a commissioner expires, he/she shall continue to serve until
reappointed or a successor is named.
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Section 7.
Vacancies. Should the offices of Chair and or Vice Chair become
vacant, the Board of Commissioners shall elect a successor from its membership at the
next regular meeting, and such election shall be for the unexpired term of said office.
Section 8.
Additional Personnel.
The CEO/Executive Director is the only
employee appointed and supervised by the Board of Commissioners. The selection of
personnel, their compensation and the terms of employment shall be at the discretion of
the CEO/Executive Director subject to the laws of the State of California and the
personnel policies of the Authority. The terms and compensation of the CEO/Executive
Director shall be set forth in a written contract signed by the Chair of the Board of
Commissioners.
Section 9.
Accounting and Legal Professionals. The Board of Commissioners
shall retain appropriate accounting and legal professionals to assist it in such areas as
auditing, legal compliance, and otherwise as it may determine is appropriate and
convenient to carry out the business of the Authority.
ARTICLE III – MEETINGS
Section 1.
Annual Meetings.
The annual meetings of the Board of
Commissioners shall be held in December at the regularly scheduled meeting of the
Board of Commissioners. With the consent of the Chair, the annual meeting may be
postponed until no later than the next regularly scheduled meeting in January of the very
next year.
Section 2.
Regular Meetings. Regular meetings shall be noticed in compliance
with the Ralph M. Brown Act held without notice at the regular meeting place of the
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Board of Commissioners, or at a location designated by the Board of Commissioners on
the fourth Wednesday of each month at 5:00 p.m., unless the same shall be a legal
holiday or the Board of Commissioners otherwise directs and notices, in which event said
meeting shall be rescheduled. On or before the annual meeting, the Board shall adopt a
schedule of meetings for the next calendar year.
However, any meeting may be
rescheduled upon a majority vote of the Board of Commissioners.
Section 3.
Special Meetings. Upon written request of two or more members of
the Board of Commissioners or as deemed necessary by the Chair or CEO/Executive
Director, a special meeting of the Board of Commissioners may be called for the purpose
of transacting any business designated in the call. Special meetings shall be noticed and
held in compliance with the Ralph M. Brown Act. The call for a special meeting may be
delivered to each member of the Board of Commissioners at any time prior to the
meeting, or may be mailed to the business or home address of each member of the Board
of Commissioners at least two daystwenty-four (24) hours prior to the date of such
special meeting, or may be waived by written waiver signed by all the members of the
Board of Commissioners prior to the meeting. At such special meeting, no business shall
be considered other than as designated in the callon the agenda, but if all of the members
of the Board of Commissioners are present at a special meeting or have signed a waiver
of notice of such meeting, any and all business may be transacted at such special
meetings.
Section 4.
Quorum. The powers of the Authority shall be vested in the Board
of Commissioners thereof in office from time to time. Four (4) commissioners shall
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constitute a quorum for the purpose of conducting its business and exercising its powers
and for all other purposes, but a smaller number may adjourn from time to time until a
quorum is obtained. When a quorum is in attendance, action may be taken by the Board
of Commissioners upon a vote of a majority of the commissioners. In the event that the
Board of Commissioners has less than five (5) Commissioners appointed, then three (3)
Commissioners shall constitute a quorum.
Section 5.
Alternate Chair.
In the event a quorum of the Board of
Commissioners is present for a meeting, but both the Chair and Vice Chair are absent, the
commissioners present shall select from among themselves a commissioner to preside for
that meeting.
Section 6.
Absenteeism. If a commissioner is absent from three (3) consecutive
regular meetings or five (5) regular meetings within a calendar year, this shall be reported
to the appointing authority, unless the absence is excused by the Board of Commissioners
due to illness, absence from the county or extreme weather conditions.
Section 7.
Resolutions. All resolutions shall be in writing and shall be entered
in a journal of the proceedings of the Board of Commissioners.
Section 8.
Manner of Voting.
All questions coming before the Board of
Commissioners shall be determined by voice vote, and the yeas and nays shall be entered
upon the minutes of such meeting.
Section 9.
Indemnity of Board Members. The Authority shall indemnify and
hold a commissioner harmless against any lawsuit or threat of lawsuit arising out of or
resulting from acts of said commissioner which are performed within the scope of his or
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her duties as a commissioner; including reasonable attorneys’ fees (from reasonably
competent counsel selected by the Authority), and judgments incurred in connection with
such litigation or threat of litigation, to the extent permitted by law.
A commissioner shall repay any amount(s) paid by the Authority pursuant to the
preceding paragraph, if it is later determined that the act or acts of the commissioner
(giving rise to the suit or threat of suit) were performed outside the scope of the
commissioner’s duties as a commissioner.
Section 10.
Insurance of Board Commissioners.
The Authority, through the
action of its Board of Commissioners will procure Errors and Omissions and Director and
Officers insurance coverage
therein naming the Authority, and also the individual
commissioners as joint and several beneficiaries of said insurance policies. Any
deductible shall be paid by the Authority under its aforementioned duty to indemnify its
Board Members.
ARTICLE IV-COMMITTEES
Section 1.
Standing Committees. The Board of Commissioners shall have the
following standing committee, which will perform the duties and responsibilities as
herein set forth, together with such other duties and responsibilities as the Board of
Commissioners may, by resolution, determine. Any member of the Board of
Commissioners may attend any meeting of the committee.
1.1
Audit Committee.
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1.1.1 Membership. The Board of Commissioners’ Audit Committee shall
be comprised of its Chair, Vice-Chair, an appointee of the Chair, and
the CEO/Executive Director.
1.21.2 Duties of the Audit Committee. The Audit Committee shall meet
with the Authority’s auditor each year prior to the annual audit and
review the plan of audit and identify other areas of the Authority’s
operations and affairs that should be reviewed; shall meet with the
Authority’s auditor after the preparation of the first draft of the
auditor’s management letter and/or findings to review the initial
findings and to discuss the auditor’s recommendations for changes
or improvements; shall meet with the Authority’s staff on a periodic
basis to review the draft budgets and to receive the views of the
Authority’s staff as to the rationales for budget proposals, including
any reconciliation of the prior fiscal year’s budget; and shall
recommend an annual budget to the Board of Commissioners for
adoption. The Audit Committee is not empowered to undertake any
actions upon its own initiative. Instead, its role is simply to report its
findings and recommendations to the Board of Commissioners, who
may accept or adopt such findings and/or recommendations.
1.2
Formatted: Indent: Left: 0.5"
Executive Committee.
Formatted: Underline
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1.2.1
Membership. The Board of Commissioner’s Executive Committee
Formatted: Indent: Left: 1", Hanging: 0.56"
Formatted: Underline
shall be comprised of its Chair, Vice-Chair, an appointee of the
Chair, and the CEO/Executive Director.
1.2.2
Duties of Executive Committee. The Executive Committee shall
meet monthly, as needed, at some time prior to the Board of
Commissioner’s meeting to, in part, determine what items should
be placed on the agenda for the Board of Commissioner’s meeting.
Section 2.
Ad Hoc Committees.
In addition to the standing committees
specified in this Article, the Board of Commissioners may, at any time, establish an ad
hoc committee of the Board of Commissioners and fix its duties and responsibilities for
any purpose where, in the judgment of the Board of Commissioners, the Authority is
better served by a temporary committee. Each ad hoc committee shall consist of such
commissioners as the Chair shall determine. Notwithstanding the forgoing, all ad hoc
committees will be advisory in nature only and have no power to undertake any action
upon their own initiative. Instead, the role of each ad hoc committee will be to simply
report its findings and make recommendations to the Authority, who may accept or reject
such findings and/or recommendations. In no event shall more than three (3)
Commissioners be assigned to an ad hoc committee. The Board of Commissioners
contemplate that it may from time to time utilize an ad-hoc executive committee (of the
Chair, Vice-Chair, an appointee of the Chair, and the CEO/Executive Director) to make
reports, investigate, and make recommendations to the Board of Commissioners
regarding topics that may be assigned to it by the Board of Commissioners regarding
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such topics as personnel matters, Authority operations, future projects, and other topics
that may be assigned to it. Further, the Board of Commissioners may from time to time
utilize a Nominating Committee to investigate, interview, and recommend persons to the
appointing Mayor of the City of Fresno regarding potential persons to serve as
commissioners and resident commissioners, recommend commissioners to serve as Chair
and Vice-Chair, and other such topics as the Board of Commissioners may direct.
ARTICLE V – AMENDMENTS
Formatted: Keep with next
Amendments to Bylaws. The bylaws of the Authority shall be amended only with
the approval of at least four (4) of the members of the Board of Commissioners at a
regular or a special meeting, but no such amendment shall be adopted unless at least two
days’ written notice thereof has been previously given to all of the members of the Board
of Commissioners.
Revised 4/14/82
Revised 2/27/85
Revised 1/22/97
Revised 3/26/97
Revised 9/25/13
Revised __/__/134
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BY-LAWS FOR THE BOARD OF COMMISSIONERS
OF THE HOUSING AUTHORITY OF THE COUNTY OF FRESNO
ARTICLE I – THE AUTHORITY
Section 1.
Name of Authority. The name of the Authority shall be “Housing
Authority of County of Fresno, California.”
Section 2.
Seal of Authority. The seal of Authority shall be in the form of a
circle and shall bear the name of the Authority and the year of its organization.
Section 3.
Office of Authority. The offices of the Authority shall be at 1331
Fulton Mall in the City of Fresno, State of California, but the Authority may hold its
meetings at such places as it may designate, pursuant to applicable law.
ARTICLE II – OFFICERS
Section 1.
Officers. The officers of the Authority’s Board of Commissioners
shall be a Chair, a Vice Chair and a Secretary/Treasurer.
Section 2.
Chair. The Chair shall preside at all meetings of the Board of
Commissioners. The Chair shall make appointments to all committees on behalf of the
Board of Commissioners and lead the supervision of the CEO/Executive Director. At
each meeting, the Chair shall submit such recommendations and information as he or she
may consider proper concerning the business, affairs and policies of the Authority.
Section 3.
Vice Chair. The Vice Chair shall perform the duties of the Chair in
the absence or incapacity of the Chair; and in case of the resignation or death of the
Chair, the Vice Chair shall perform such duties as are imposed on the Chair until such
time as the Board of Commissioners shall select a new Chair.
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Section 4.
Secretary/Treasurer.
The
Secretary/Treasurer
shall
be
the
CEO/Executive Director of the Authority and, as CEO/Executive Director, he or she shall
have general supervision over the administration of its business and affairs, subject to the
direction of the Board of Commissioners. He or she shall be charged with the
management of the operations of the Authority. Additionally, the Secretary/Treasurer
shall sign all contracts, deeds, and other instruments on behalf of the Board of
Commissioners, as authorized by resolution of the Board of Commissioners.
As Secretary, he or she shall keep the records of the Authority, shall act as
Secretary of the meetings of the Board of Commissioners and record all votes, and shall
keep a record of the proceedings of the Board of Commissioners in a journal of
proceedings to be kept for such purposes, and shall perform all duties incident to his or
her office. He or she shall keep in safe custody the seal of the Authority and shall have
the power to affix such seal to all contracts and instruments authorized to be executed by
the Board of Commissioners.
As Treasurer, he or she shall have the care and custody of all funds of the
Authority and shall deposit the same in the name of the Authority in such bank or banks
as the Board of Commissioners may select. He or she shall pay out and disburse moneys
under the direction of the Board of Commissioners. He or she shall be responsible for
management and oversight of all fiscal records and activities of the Authority and shall
render a quarterly account of the financial conditions of the Board of Commissioners.
The Secretary/Treasurer shall give such bond for the faithful performance of his or her
duties as the Authority may determine. Checks may be signed and countersigned by any
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two of the following persons: CEO/Executive Director, Deputy Director/CFO, Chair,
Vice Chair, Chief Administrations Administrative Officer, Chief Operations Officer, or
other designee as identified pursuant toapproved by resolution of the Board of
Commissioners.
The CEO/Executive Director and Secretary/Treasurer shall be approved by the
Board of Commissioners, upon such terms as it determines. No Commissioner shall be
eligible for this office.
Section 5.
Additional Duties. The officers shall perform such other duties and
functions as may from time to time be required by the Board of Commissioners or the
bylaws or rules and regulations of the Board of Commissioners.
Section 6.
Election or Appointment. The Chair and Vice Chair shall be elected
at the annual meeting of the Board of Commissioners from among the commissioners of
the Board of Commissioners, and shall hold office for two years or until their successors
are elected and qualified. The election of the Chair and Vice Chair shall occur at the
annual meeting in even numbered years, unless rescheduled by the Board of
Commissioners. Any Commissioner wishing to be considered for Chair or Vice-Chair
shall make his or her interest known to the Board of Commissioners at a regular meeting
two months or more before the meeting at which the election is to take place.
When the term of a commissioner expires, he/she shall continue to serve until
reappointed or a successor is named.
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Section 7.
Vacancies. Should the offices of Chair and or Vice Chair become
vacant, the Board of Commissioners shall elect a successor from its membership at the
next regular meeting, and such election shall be for the unexpired term of said office.
Section 8.
Additional Personnel.
The CEO/Executive Director is the only
employee appointed and supervised by the Board of Commissioners. The selection of
personnel, their compensation and the terms of employment shall be at the discretion of
the CEO/Executive Director subject to the laws of the State of California and the
personnel policies of the Authority. The terms and compensation of the CEO/Executive
Director shall be set forth in a written contract signed by the Chair of the Board of
Commissioners.
Section 9.
Accounting and Legal Professionals. The Board of Commissioners
shall retain appropriate accounting and legal professionals to assist it in such areas as
auditing, legal compliance, and otherwise as it may determine is appropriate and
convenient to carry out the business of the Authority.
ARTICLE III – MEETINGS
Section 1.
Annual Meetings.
The annual meetings of the Board of
Commissioners shall be held in December at the regularly scheduled meeting of the
Board of Commissioners. With the consent of the Chair, the annual meeting may be
postponed until no later than the next regularly scheduled meeting in January of the very
next year.
Section 2.
Regular Meetings. Regular meetings shall be noticed in compliance
with the Ralph M. Brown Actheld without notice at the regular meeting place of the
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90
Board of Commissioners, or at a location designated by the Board of Commissioners on
the fourth Wednesday of each month at 5:00 p.m., unless the same shall be a legal
holiday or the Board of Commissioners otherwise directs and notices, in which event said
meeting shall be rescheduled. On or before the annual meeting, the Board shall adopt a
schedule of meetings for the next calendar year.
However, any meeting may be
rescheduled upon a majority vote of the Board of Commissioners.
Section 3.
Special Meetings. Upon written request of two or more members of
the Board of Commissioners or as deemed necessary by the Chair or CEO/Executive
Director, a special meeting of the Board of Commissioners may be called for the purpose
of transacting any business designated in the call. Special meetings shall be noticed and
held in compliance with the Ralph M. Brown Act. The call for a special meeting may be
delivered to each member of the Board of Commissioners at any time prior to the
meeting, or may be mailed to the business or home address of each member of the Board
of Commissioners at least two daystwenty-four (24) hours prior to the date of such
special meeting, or may be waived by written waiver signed by all the members of the
Board of Commissioners prior to the meeting. At such special meeting, no business shall
be considered other than as designated on the agenda. in the call, but if all of the
members of the Board of Commissioners are present at a special meeting or have signed
a waiver of notice of such meeting, any and all business may be transacted at such special
meetings.
Section 4.
Quorum. The powers of the Authority shall be vested in the Board
of Commissioners thereof in office from time to time. Four (4) commissioners shall
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constitute a quorum for the purpose of conducting its business and exercising its powers
and for all other purposes, but a smaller number may adjourn from time to time until a
quorum is obtained. When a quorum is in attendance, action may be taken by the Board
of Commissioners upon a vote of a majority of the commissioners. In the event that the
Board of Commissioners has less than five (5) Commissioners appointed, then three (3)
Commissioners shall constitute a quorum.
Section 5.
Alternate Chair.
In the event a quorum of the Board of
Commissioners is present for a meeting, but both the Chair and Vice Chair are absent, the
commissioners present shall select from among themselves a commissioner to preside for
that meeting.
Section 6.
Absenteeism. If a commissioner is absent from three (3) consecutive
regular meetings or five (5) regular meetings within a calendar year, this shall be reported
to the appointing authority, unless the absence is excused by the Board of Commissioners
due to illness, absence from the county or extreme weather conditions.
Section 7.
Resolutions. All resolutions shall be in writing and shall be entered
in a journal of the proceedings of the Board of Commissioners.
Section 8.
Manner of Voting.
All questions coming before the Board of
Commissioners shall be determined by voice vote, and the yeas and nays shall be entered
upon the minutes of such meeting.
Section 9.
Indemnity of Board Members. The Authority shall indemnify and
hold a commissioner harmless against any lawsuit or threat of lawsuit arising out of or
resulting from acts of said commissioner which are performed within the scope of his or
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92
her duties as a commissioner; including reasonable attorneys’ fees (from reasonably
competent counsel selected by the Authority), and judgments incurred in connection with
such litigation or threat of litigation, to the extent permitted by law.
A commissioner shall repay any amount(s) paid by the Authority pursuant to the
preceding paragraph, if it is later determined that the act or acts of the commissioner
(giving rise to the suit or threat of suit) were performed outside the scope of the
commissioner’s duties as a commissioner.
Section 10.
Insurance of Board Commissioners.
The Authority, through the
action of its Board of Commissioners will procure Errors and Omissions and Director and
Officers insurance coverage
therein naming the Authority, and also the individual
commissioners as joint and several beneficiaries of said insurance policies. Any
deductible shall be paid by the Authority under its aforementioned duty to indemnify its
Board Members.
ARTICLE IV-COMMITTEES
Section 1.
Standing Committees. The Board of Commissioners shall have the
following standing committee, which will perform the duties and responsibilities as
herein set forth, together with such other duties and responsibilities as the Board of
Commissioners may, by resolution, determine. Any member of the Board of
Commissioners may attend any meeting of the committee.
1.1
Audit Committee.
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93
1.1.1 Membership. The Board of Commissioners’ Audit Committee shall
be comprised of its Chair, Vice-Chair, an appointee of the Chair, and
the CEO/Executive Director.
1.21.2 Duties of the Audit Committee. The Audit Committee shall meet
with the Authority’s auditor each year prior to the annual audit and
review the plan of audit and identify other areas of the Authority’s
operations and affairs that should be reviewed; shall meet with the
Authority’s auditor after the preparation of the first draft of the
auditor’s management letter and/or findings to review the initial
findings and to discuss the auditor’s recommendations for changes
or improvements; shall meet with the Authority’s staff on a periodic
basis to review the draft budgets and to receive the views of the
Authority’s staff as to the rationales for budget proposals, including
any reconciliation of the prior fiscal year’s budget; and shall
recommend an annual budget to the Board of Commissioners for
adoption. The Audit Committee is not empowered to undertake any
actions upon its own initiative. Instead, its role is simply to report its
findings and recommendations to the Board of Commissioners, who
may accept or adopt such findings and/or recommendations.
1.2
Executive Committee.
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94
1.2.1
Membership. The Board of Commissioner’s Executive Committee
shall be comprised of its Chair, Vice-Chair, an appointee of the
Chair, and the CEO/Executive Director.
1.2.2 Duties of Executive Committee. The Executive Committee shall
meet monthly, as needed, at some time prior to the Board of
Commissioner’s meeting to, in part, determine what items should be
placed on the agenda for the Board of Commissioner’s meeting.
Section 2.
Ad Hoc Committees.
In addition to the standing committees
specified in this Article, the Board of Commissioners may, at any time, establish an ad
hoc committee of the Board of Commissioners and fix its duties and responsibilities for
any purpose where, in the judgment of the Board of Commissioners, the Authority is
better served by a temporary committee. Each ad hoc committee shall consist of such
commissioners as the Chair shall determine. Notwithstanding the forgoing, all ad hoc
committees will be advisory in nature only and have no power to undertake any action
upon their own initiative. Instead, the role of each ad hoc committee will be to simply
report its findings and make recommendations to the Authority, who may accept or reject
such findings and/or recommendations. In no event shall more than three (3)
Commissioners be assigned to an ad hoc committee. The Board of Commissioners
contemplate that it may from time to time utilize an ad-hoc executive committee (of the
Chair, Vice-Chair, an appointee of the Chair, and the CEO/Executive Director) to make
reports, investigate, and make recommendations to the Board of Commissioners
regarding topics that may be assigned to it by the Board of Commissioners regarding
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95
such topics as personnel matters, Authority operations, future projects, and other topics
that may be assigned to it. Further, the Board of Commissioners may from time to time
utilize a Nominating Committee to investigate, interview, and recommend persons to the
appointing Supervisors of the County of Fresno regarding potential persons to serve as
commissioners and resident commissioners, recommend commissioners to serve as Chair
and Vice-Chair, and other such topics as the Board of Commissioners may direct.
ARTICLE V – AMENDMENTS
Amendments to Bylaws. The bylaws of the Authority shall be amended only with
the approval of at least four (4) of the members of the Board of Commissioners at a
regular or a special meeting, but no such amendment shall be adopted unless at least two
days’ written notice thereof has been previously given to all of the members of the Board
of Commissioners.
Revised 4/14/82
Revised 2/27/85
Revised 1/22/97
Revised 3/26/97
Revised 9/25/13
Revised _/__/14
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96
BOARD
MEMO
TO: Board of Commissioners
Fresno Housing Authority
FROM: Preston Prince
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 8a
AUTHOR: Roger Cardoza
SUBJECT: County - Annual Audited Basic Financial Statements
Year End – December 31, 2013 (continued from July 2014 meeting)
www.fresnohousing.org
Executive Summary
Attached are the annual audited Basic Financial Statements of the Housing
Authority of the County of Fresno for the year ending December 31, 2013.
The auditors have issued an “unqualified opinion” that the financial statements
are fairly presented in conformity with U.S. Generally Accepted Accounting
Principles (GAAP). An “unqualified opinion” is issued when the auditor does
not have reservations as to the fairness of the presentation of the financial
statements in conformity with GAAP. As required for a Single Audit
engagement, the financial statements also include the auditor’s reports on the
Schedule of Expenditures of Federal Awards, the Agency’s compliance with
relevant laws and regulations, and its internal controls.
Noteworthy changes from 2012 by category include:
Statement of Net Position
– Current assets increased by approximately $4.4 million primarily due
to cash proceeds received from the disposal of capital assets.
–
Restricted assets decreased by $2.2 million due to increased spending
of HAP reserves. Final 2013 funding levels for the Housing Choice
Voucher program were only 94% of our total eligibility, therefore the
Agency was forced to spend some of its restricted reserves in order to
fully utilize our vouchers
–
Capital assets decreased by $5.9 million. A portion of this decrease
was related to a change in the agency’s capitalization policy, with the
remaining resulting from the conversion of existing public housing to
the Rental Assistance Demonstration program (RAD).
–
Other assets increased by $12.1 million from additional notes
receivable from related parties, and increases in our investment in joint
ventures. These increases can also be attributed to activity arising
from the RAD conversion.
97
–
Total liabilities decreased $2.4 million. This amount resulted from a $3.7 million decrease in
long term notes receivables, offset by a $1.4 million increase in short term notes due to the
maturation of notes, and a reallocation of certain payables held in the Planning and
Community Development department.
–
Overall the Agency’s net position increased by $10.3 million resulting from increases in long
term notes receivable for development projects, increased activity in our joint ventures, and a
decrease in long-term notes payable.
Statement of Revenues, Expenses and Changes in Net Position
–
Total operating revenues improved by $7.3 million from 2012 due to increases in HUD
grants. While total proration levels for federal grants were less favorable in 2013 due to
sequestration, actual funding levels were higher than the previous year because of the HUDmandated, reserve recapture in the Housing Choice Voucher and Public Housing programs
that occurred in 2012. Basically, in order to reduce program reserves, HUD funded these two
programs at significantly lower levels in 2012, so the Agency would be forced to spend down
its reserves.
–
Total non-operating revenues increased by $9.8 million due to an $8.7 million gain on the
disposition of capital assets related to the RAD conversion, as well as significant increases in
developer fee revenue.
During the course of the audit, Mayer Hoffman McCann issued two findings; one significant deficiency in
internal control over financial reporting and one significant deficiency in internal control over
compliance. A significant deficiency is less severe than a material weakness, yet important enough that
in the auditor’s opinion, it merits the attention of those in governance. A material weakness over
financial reporting is a deficiency, or a combination of deficiencies, in internal control such that there is a
reasonable possibility that a material misstatement of the entity’s financial statements will not be
prevented, or detected and corrected on a timely basis. These findings and management’s responses
thereto, are detailed below.
No.
Type
Finding*
2013-01
Significant We recommend that the Authority
Deficiency implement the proper procedures to
ensure that bank reconciliations are
properly completed and subjected to
reviews as considered necessary.
Management Response
We have implemented control processes
which will result in accurate and timely
reconciliations of all cash accounts to the
general ledger on a monthly basis.
Currently we have completed
reconciliations through May 2014. We
expect to be fully current by August 20,
2014, which would be the target date for
completion of the July 2014 reconciliation
within the standard monthly closing
process. The Agency’s Accounting
Manager is responsible for ensuring the
98
No.
Type
Finding*
Management Response
fulfillment of this internal control plan.
2013-02
Significant Failure to retain this (waitlist)
Deficiency documentation reduces our ability to
effectively test the waiting list for
compliance during the audit period.
Effort should be made to ensure that
documentation is retained indicating
that established tenant selection
policies have been followed. In
addition, the Authority should
evaluate controls to ensure the
integrity of the list.
In April 2014, the Agency implemented a
control process whereby the waiting list
on the last day of each month is archived
and made available for retrieval in
support of unit leasing order. This
completed action fully resolves this issue.
For further information you may contact
the Chief Operations Officer, Housing
Programs.
*The Findings language has been abbreviated for purposes of this memo. The full text may be found on
pages 96-99 of the audited financials.
Ken Al-Imam, CPA, with Mayer Hoffman McCann, attendended the July Board meeting and presented a
summary of the audit and answered the questions of the Board.
Recommendation
It is recommended that the Board of Commissioners of the Housing Authority of the County of Fresno
receive and file the audited Basic Financial Statements for the year ending December 31, 2013.
Fiscal Impact
There is no fiscal impact.
Background Information
The audit was conducted by Mayer Hoffman McCann in accordance with generally accepted auditing
standards; the standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act of 1984; and the provisions of the OMB
Circular A-133, Audits of State and Local Governments, and included tests of the accounting records of the
Fresno Housing Authority and other procedures the firm considered necessary.
99
BEFORE THE BOARD OF COMMISSIONERS OF
THE HOUSING AUTHORITY OF THE COUNTY OF FRESNO
RESOLUTION NO. ____
RESOLUTION AUTHORIZING THE HOUSING AUTHORITY OF THE
COUNTY OF FRESNO TO RECEIVE AND FILE THE AUDITED FINANCIAL
STATEMENTS FOR YEAR ENDED DECEMBER 31, 2013
WHEREAS, The Housing Authority of the County of Fresno retained Mayer
Hoffman McCann to prepare the financial statements for the period ending December 31,
2013 and
WHEREAS, Mayer Hoffman McCann has completed the audit in accordance
with generally accepted auditing standards; the standards for financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States;
the Single Audit Act of 1984; and the provisions of the OMB Circular A-128, Audits of
State and Local Governments, and included tests of the accounting records of the Fresno
Housing Authority and other procedures the firm considered necessary,
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners does
hereby receive and file the audited financial statements for the year ended December 31,
2013.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the undersigned,
hereby certify that the foregoing Resolution was duly adopted by the governing body
with the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
100
_____________________________________________
Preston Prince, Secretary of the Board of Commissioners
101
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
Housing Authority of Fresno County
Basic Financial Statements
Year Ended December 31, 2013
Please visit the website to view this document in its entirety.
www.fresnohousing.org
102
BOARD
MEMO
TO: Board of Commissioners
Fresno Housing Authority
FROM: Preston Prince
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 8b
AUTHOR: Roger Cardoza
SUBJECT: City - Annual Audited Basic Financial Statements
Year End – December 31, 2013 (Continued from July 2014 meeting)
www.fresnohousing.org
Executive Summary
Attached are the annual audited Basic Financial Statements of the Housing
Authority of the City of Fresno for the year ending December 31, 2013.
The auditors have issued an “unqualified opinion” that the financial statements
are fairly presented in conformity with U.S. Generally Accepted Accounting
Principles (GAAP). An “unqualified opinion” is issued when the auditor does
not have reservations as to the fairness of the presentation of the financial
statements in conformity with GAAP. As required for a Single Audit
engagement, the financial statements also include the auditor’s reports on the
Schedule of Expenditures of Federal Awards, the Agency’s compliance with
relevant laws and regulations, and its internal controls.
Noteworthy changes from 2012 by category include:
Statement of Net Position
– Current assets decreased by approximately $1.8 million due to a
reduction in Assets Held for Sale.
This reduction is primarily
attributable to repayment from the City of Fresno for the NSP 1
program.
–
Restricted assets decreased by $458 thousand due to increased
spending of HAP reserves. Final 2013 funding levels for the Housing
Choice Voucher program were only 94% of our total eligibility;
therefore the Agency was forced to spend some of its restricted
reserves in order to fully utilize our vouchers.
–
Capital assets decreased by $2.4 million. $1.3 million of this decrease
was related to a change in the agency’s capitalization policy, with the
remaining $1.1 million resulting from the conversion of existing public
housing to the Rental Assistance Demonstration program (RAD).
–
Other assets increased by $12.8 million from additional notes
receivable from related parties, and increases in our investment in joint
103
ventures. These increases can also be attributed to activity arising
from the RAD conversion.
–
Current liabilities increased by $6 million, offsetting a $6.4 million decrease in non-current
liabilities.
This resulted from the maturation of several long term notes including the
affordable housing properties. The Agency has subsequently refinanced these notes in 2014.
–
Overall the Agency’s Net Position increased by $8.3 million due to an increase in long-term
notes receivables for development projects, and increased activity in our investment in joint
ventures.
Statement of Revenues, Expenses and Changes in Net Position
–
Total operating revenues increased by $2.9 million from 2012 due to slight increases in both
HUD grants and grants from other governments. While total proration levels for federal
grants were less favorable in 2013 due to sequestration, actual funding levels were higher
than the previous year because of the HUD-mandated, reserve recapture in the Housing
Choice Voucher and Public Housing programs that occurred in 2012. Basically, in order to
reduce program reserves, HUD funded these two programs at significantly lower levels in
2012, so the Agency would be forced to spend down its reserves.
–
Total non-operating revenues increased by $10.5 million due to an $8.7 million gain on the
disposition of capital assets related to the RAD conversion, as well as significant increases in
interest revenues, and developer fee revenue.
During the course of the audit, Mayer Hoffman McCann issued two findings; one significant deficiency in
internal control over financial reporting and one significant deficiency in internal control over
compliance. A significant deficiency is less severe than a material weakness, yet important enough that
in the auditor’s opinion, it merits the attention of those in governance. A material weakness over
financial reporting is a deficiency, or a combination of deficiencies, in internal control such that there is a
reasonable possibility that a material misstatement of the entity’s financial statements will not be
prevented, or detected and corrected on a timely basis. These findings and management’s responses
thereto, are detailed below.
No.
Type
Finding*
Management Response
104
No.
Type
Finding*
Management Response
2013-01 Significant We recommend that the Authority
Deficiency implement the proper procedures to
ensure that bank reconciliations are
properly completed and subjected to
reviews as considered necessary.
We have implemented control processes
which will result in accurate and timely
reconciliations of all cash accounts to the
general ledger on a monthly basis.
Currently we have completed
reconciliations through May 2014. We
expect to be fully current by August 20,
2014, which would be the target date for
completion of the July 2014 reconciliation
within the standard monthly closing
process. The Agency’s Accounting
Manager is responsible for ensuring the
fulfillment of this internal control plan.
2013-02 Significant Failure to retain this (waitlist)
Deficiency documentation reduces our ability to
effectively test the waiting list for
compliance during the audit period.
Effort should be made to ensure that
documentation is retained indicating
that established tenant selection policies
have been followed. In addition, the
Authority should evaluate controls to
ensure the integrity of the list.
In April 2014, the Agency implemented a
control process whereby the waiting list
on the last day of each month is archived
and made available for retrieval in
support of unit leasing order. This
completed action fully resolves this issue.
For further information you may contact
the Chief Operations Officer, Housing
Programs.
*The Finding language has been abbreviated for purposes of this memo. The full text may be found on
pages 119-122 of the audited financials.
Ken Al-Imam, CPA, with Mayer Hoffman McCann, attendended the July Board meeting and presented a
summary of the audit and answered the questions of the Board.
Recommendation
It is recommended that the Board of Commissioners of the Housing Authority of the City of Fresno
receive and file the audited Basic Financial Statements for the year ending December 31, 2013.
Fiscal Impact
There is no fiscal impact.
Background Information
The audit was conducted by Mayer Hoffman McCann in accordance with generally accepted auditing
standards; the standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act of 1984; and the provisions of the OMB
Circular A-133, Audits of State and Local Governments, and included tests of the accounting records of the
Fresno Housing Authority and other procedures the firm considered necessary.
105
BEFORE THE BOARD OF COMMISSIONERS OF
THE HOUSING AUTHORITY OF THE CITY OF FRESNO
RESOLUTION NO. 3448
RESOLUTION AUTHORIZING THE HOUSING AUTHORITY OF THE CITY
OF FRESNO TO RECEIVE AND FILE THE AUDITED FINANCIAL
STATEMENTS FOR YEAR ENDED DECEMBER 31, 2013
WHEREAS, The Housing Authority of the City of Fresno retained Mayer
Hoffman McCann to prepare the financial statements for the period ending December 31,
2013 and
WHEREAS, Mayer Hoffman McCann has completed the audit in accordance
with generally accepted auditing standards; the standards for financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States;
the Single Audit Act of 1984; and the provisions of the OMB Circular A-128, Audits of
State and Local Governments, and included tests of the accounting records of the Fresno
Housing Authority and other procedures the firm considered necessary,
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners does
hereby receive and file the audited financial statements for the year ended December 31,
2013.
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the undersigned,
hereby certify that the foregoing Resolution was duly adopted by the governing body
with the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
106
_____________________________________________
Preston Prince, Secretary of the Board of Commissioners
107
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
Housing Authority of the City of Fresno
Basic Financial Statements
Year Ended December 31, 2013
Please visit the website to view this document in its entirety.
www.fresnohousing.org
108
BOARD
MEMO
TO: Boards of Commissioners
Fresno Housing Authority
FROM: Preston Prince
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
CEO/Executive Director
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 8c
AUTHOR: Jim Barker
SUBJECT: Internal Control Policy
www.fresnohousing.org
Executive Summary
Internal controls are those processes and procedures which give reasonable
assurance that the mission of the Fresno Housing Authority is achieved, fraud
is prevented, reporting is timely and accurate and waste and abuse are reduced
to insignificant levels.
The Boards, administration and program managers of Fresno Housing
Authority are continually seeking ways to improve accountability in achieving
our mission. An effective internal control system helps us adapt to shifting
environments, evolving demands, and new priorities. As programs change
and as we strive to improve operational processes and implement new
technology, management continually evaluates its internal control system to
ensure that it is effective and updated when necessary.
Recommendation
It is recommended that the Boards of Commissioners of the City and County of
Fresno adopt the Standards for Internal Control in the Federal Government (Green
Book) as its model for design, implementation and evaluation of internal
controls for the Fresno Housing Authority.
Background
The Comptroller General of the United States has issued standards for internal
control in government. These standards, known as the Standards for Internal
Control in the Federal Government (Green Book), provide the overall framework
for establishing and maintaining an effective internal control system. The Green
Book may also be applied by state, local, and quasi-governmental entities, as a
framework for internal control systems. Management believes that this
framework will assist the Agency in achieving its own goals of efficient and
effective internal controls and will also meet the internal control requirements
of the federal government in relation to federally funded programs.
Fiscal Impact
None.
109
RESOLUTION NO. ____
BEFORE THE BOARD OF COMMISSIONERS OF
THE HOUSING AUTHORITY OF THE CITY OF FRESNO
RESOLUTION TO ADOPT INTERNAL CONTROL POLICY
WHEREAS, the Board of Commissioners, administration and program managers
of the Fresno Housing Authority are continually seeking ways to improve accountability
in achieving the Agency’s mission, and
WHEREAS, the United States Comptroller General has issued Standards for Internal
Control in the Federal Government (Green Book), which provides the overall framework for
establishing and maintaining an effective internal control system, and
WHEREAS, the Green Book may be applied by state, local, and quasi-governmental
entities, as well as not-for-profit organizations, as a framework for an internal control system, and
WHEREAS, the Committee of Sponsoring Organizations of the Treadway Commission
(COSO) updated its internal control guidance in 2013 with the issuance of a revised Internal
Control - Integrated Framework, and
WHEREAS, the United States Office of Management and Budget has determined that
this framework of internal controls is best practice, and is requiring its implementation by
recipients of federal funding,
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the Housing Authority of the City of Fresno does hereby adopt the Standards for Internal
Control in the Federal Government, commonly known as the “Green Book”, as the
model for internal control assessment, design and implementation with regard to
operations reporting and compliance for the Fresno Housing Authority.
110
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the
undersigned, hereby certify that the foregoing Resolution was duly adopted by the
governing body with the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________________
Preston Prince, Secretary of the Boards of Commissioners
111
RESOLUTION NO. ____
BEFORE THE BOARD OF COMMISSIONERS OF
THE HOUSING AUTHORITY OF THE COUNTY OF FRESNO
RESOLUTION TO ADOPT INTERNAL CONTROL POLICY
WHEREAS, the Board of Commissioners, administration and program managers
of the Fresno Housing Authority are continually seeking ways to improve accountability
in achieving the Agency’s mission, and
WHEREAS, the United States Comptroller General has issued Standards for Internal
Control in the Federal Government (Green Book), which provides the overall framework for
establishing and maintaining an effective internal control system, and
WHEREAS, the Green Book may be applied by state, local, and quasi-governmental
entities, as well as not-for-profit organizations, as a framework for an internal control system, and
WHEREAS, the Committee of Sponsoring Organizations of the Treadway Commission
(COSO) updated its internal control guidance in 2013 with the issuance of a revised Internal
Control - Integrated Framework, and
WHEREAS, the United States Office of Management and Budget has determined that
this framework of internal controls is best practice, and is requiring its implementation by
recipients of federal funding,
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of
the Housing Authority of the County of Fresno does hereby adopt the Standards for
Internal Control in the Federal Government, commonly known as the “Green Book”, as
the model for internal control assessment, design and implementation with regard to
operations reporting and compliance for the Fresno Housing Authority.
112
PASSED AND ADOPTED THIS 27th day of August, 2014. I, the
undersigned, hereby certify that the foregoing Resolution was duly adopted by the
governing body with the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________________________
Preston Prince, Secretary of the Boards of Commissioners
113
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
Internal Control Policy
Introduction
The Fresno Housing Authority (the “Agency”) strives to implement and create internal controls within
the Agency in an effort to improve accountability and achieve the Agency’s mission. Appropriate
internal controls are designed to prevent, reduce and detect fraud, abuse and waste. They also provide a
mechanism for accurate and timely reporting.
The Comptroller General of the United States has issued standards for internal controls within
government agencies. These standards, known formally as the Standards for Internal Control in the Federal
Government and informally as the Green Book, provide the overall framework for establishing and
maintaining an effective internal control system. The Green Book may also be applied by state, local, and
quasi-governmental entities as a framework for internal control systems.
Purpose
Management is responsible for the ongoing evaluation of the Agency’s internal control system to ensure
that it is effective and updated when necessary as programs change, operational processes improve and
new technology is implemented.
The Green Book’s framework will assist the Agency in achieving its own goals of efficient and effective
internal controls and will also meet the internal control requirements of the federal government in
relation to federally funded programs. This effective internal control system will assist staff in adapting
to shifting environments, evolving demands, and new priorities.
Policy
The Fresno Housing Authority will follow the guidance found within the Green Book as issued by the
United States Comptroller General for implementation and maintenance of internal control systems
within the Agency. This internal control guidance will encompass operations, reporting and compliance
activities.
Specific control activities will be designed, implemented and evaluated in accordance with the Green
Book guidance, which is based upon the Committee of Supporting Organizations model of internal
controls considered to be best practices.
Responsibility
All applicable employees and officers shall be required to abide by the provisions set forth in this policy.
The Director of Finance or other applicable position is responsible for implementing the Standards for
Internal Control in the Federal Government (Green Book) within the Agency in accordance with applicable
Internal Control Policy. Issued 8/27/2014
114
www.fresnohousing.org
1331 Fulton Mall, Fresno, California 93721 (559) 443-8400 TTY (800) 735-2929
laws and regulations. The Executive Director or his/her designee is responsible for the administration,
interpretation, and application of this policy and procedure. The Boards of Commissioners are
responsible for policy adoptions and revisions.
Internal Control Policy. Issued 8/27/2014
115
O (559) 443-8400
F (559) 445-8981
1331 Fulton Mall
Fresno, California 93721
T T Y (800) 735-2929
www.fresnohousing.org
EXECUTIVE DIRECTOR’S REPORT
TO: Boards of Commissioners
Fresno Housing Authority
FROM: Preston Prince
DATE: August 22, 2014
BOARD MEETING: August 27, 2014
AGENDA ITEM: 9
CEO/Executive Director
AUTHOR: Staff
SUBJECT: Executive Director’s Report – August 2014
Executive Summary
The Boards of the Fresno Housing Authority have established the four strategic
goals as: Place, People, Public, and Partnership. In addition, the following have
been outlined as the management goals: Sustainability, Structure, and Strategic
Outreach. The following report demonstrates the efforts of the Executive
Leadership and Staff to progress towards the realization of these goals.
PLACE
Overview
Fresno Housing seeks to develop and expand the availability of quality affordable
housing options throughout the City and County of Fresno by growing and preserving
appropriate residential assets and increasing housing opportunities for low-income
residents.
The matrix below outlines the Development Pipeline and status of each project.
Development Project Overview
Name of Property
Status
Description/Type
Total Units
Southeast Fresno
RAD
Rehab
Underway
Cedar Courts I & II,
Inyo Terrace
Multi-Family
193
Orange Cove RAD
Rehab
Underway
Kuffel Terrace I & II,
Mountain View
Multi-Family
90
Mendota RAD
Rehab
Underway
Rios Terrace I & II,
Mendota Apts.
Multi-Family
124
116
Name of Property
Status
Description/Type
Total Units
Viking Village RAD
Rehab
Underway
Multi-Family
40
City View @ Van
Ness
(formerly Droge)
Under
Construction
802 Van Ness Ave
Mixed-Use
45 Units/
3,000 sf
commercial
Parc Grove
Commons Northwest
Stabilization
Southeast Corner of
Fresno/Clinton Ave
Multi-Family
148
Marion Villas
Under
Construction
Marion & Ellis St,
Kingsburg, CA Senior
Housing
46
Kings River
Commons
Under
Construction
2020 E. Dinuba Ave,
Reedley, CA
Muti-family
60
Bridges at Florence
Stabilization
649 E. Florence Avenue
Senior Housing
34
San Ramon Court
Lease -Up
1328 & 1346 E. San
Ramon
Rehab/Multi-Family
32
Fultonia West/Cedar
Heights Scattered Site
PreDevelopment
541 N. Fulton Street
and 4532 E. Hamilton
Ave
Multi-Family
45
Project Highlights
–
An application was submitted to CTCAC for a 9% tax credit allocation for the Fultonia
West/Cedar Heights Scattered Site project on July 1, 2014. On August 8, 2014, TCAC sent
confirmation that the project application had earned maximum points and met all the required
thresholds. Award notifications are expected by September 24, 2014.
–
The final equity installment has been received for Renaissance at Alta Monte and the property
will be transferring over to asset management.
–
The final equity installment has been received for Renaissance at Santa Clara and all developer
fees have been paid.
–
Final contractor payment has been made for the Helm project. The home received an award by
the California Historic Preservation Society for the restoration of the property.
117
CITY AMPs and TAX CREDIT PROPERTIES
July City Occupancy
91.78%
No of
Properties
Physical
Units
Rentable
Units
Vacant
Units
Occupancy
Percentage
City AMP 1
3
182
179
0
100%
City AMP 2
8
251
245
4
98%
Southeast Fresno RAD
3
193
191
42
78%
Viking Village RAD
1
40
39
8
79%
Pacific Gardens
1
56
55
1
98%
Renaissance Trinity
Renaissance Alta
Monte
Renaissance Santa
Clara
1
21
20
0
100%
1
30
29
3
90%
1
70
69
10
86%
Total City
19
843
827
68
91.78%
CITY
July City Occupancy (GSF Managed)
95.79%
Parc Grove
1
215
213
12
94.4%
Parc Grove - NW
1
148
147
1
99.3%
Yosemite Village
1
69
68
5
92.6%
Total City
3
432
428
18
95.79%
COUNTY AMPs and TAX CREDIT PROPERTY
July County Occupancy
98.27%
No of
Properties
Physical
Units
Rentable
Units
Vacant
Units
Occupancy
Percentage
County AMP 1
6
151
143
1
99%
County AMP 2
6
194
192
2
99%
County AMP 3*
3
90
89
2
98%
County AMP 4
4
152
151
6
96%
County AMP 5*
2
52
52
2
96%
County AMP 6
5
112
111
0
100%
Granada Commons
1
16
15
0
100%
Total County
27
767
753
13
98.27%
COUNTY
118
SPECIAL PROGRAMS
July Special Programs Occupancy
98.03%
No of
Properties
Physical
Units
Rentable
Units
Vacant
Units
Occupancy
Percentage
Mariposa Farm Labor
1
40
40
0
100%
Parlier Farm Labor
1
40
40
1
98%
Orange Cove Farm Labor
1
30
30
1
97%
Mendota Farm Labor
1
60
60
0
100%
Firebaugh Family Apts.
1
34
34
1
97%
Garland Gardens (CalHFA)
1
51
51
0
100%
Parkside Apartments (CalHFA)
1
50
50
3
94%
SPECIAL PROGRAMS
Total Special Programs
7
305
305
6
98.03%
* Properties within these AMPs are transitioning under the Rental Assistance Demonstration (RAD)
project.
Housing Choice Voucher (HCV) Utilization & Leasing Activity
Date Range: 7/1/2014 – 7/31/2014
Current Month Status
Program
Current
Applicants
New
Total
New
Applicants
New
New
Waiting
Pulled
Vouchers
Vouchers
Vouchers
Pulled
Vouchers
Vouchers
Issued
Searching
Leased
Issued
Leased
2,525
300
160
17
243
35
104
17
783
135
475
100
List
City
County
YTD
31,402
29,115
4525
600
LOW INCOME PUBLIC HOUSING WAIT LIST REPORT AS OF JULY 31, 2014
LIPH
1-Bdrm.
2-Bdrm.
3-Bdrm.
4-Bdrm.+
Total
City LIPH
7672
5334
2626
566
16198
County LIPH
4473
3235
2136
444
10288
1-Bdrm.
2-Bdrm.
3-Bdrm.
4-Bdrm.
Total
Garland-S8N/C
30
93
Parkside-S8N/C
4
19
49
72
2-Bdrm.
3-Bdrm.
4-Bdrm.
Total
tax credit units
8
6
14
subsidized units
67
17
84
Multifamily
Developments
Tax Credit
Properties
1-Bdrm.
123
Granada:
119
Pacific Gardens :
tax credit units
8
4
subsidized units
88
64
3
15
55
27
15
9
106
subsidized units
1264
841
189
38
2332
Yosemite Village
794
218
7
1
1020
152
Parc Grove:
tax credit units
PEOPLE
Overview
Fresno Housing works to respect community needs and knowledge – by listening, learning and researching – and
respond to issues compassionately, intelligently, intentionally – by developing exceptional programs based on shared
expectations.
Resident Services
Youth Engagement
The Fresno Housing Authority sponsored a “What Summer Safety Means to Me” drawing contest for
residents. Workshops were provided in several community rooms; paper and supplies were made
readily available for children to work on their drawings. There were 35 entries submitted by children
ages 2-13 years old. Prizes were awarded to children based on their age brackets.
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Reading and Beyond
On July 31st, Reading and Beyond celebrated the completion of a 6-week Super Hero Summer Academy
Program with Parc Grove Commons 1st – 3rd grade youth and parents. The goal for the Summer
Academy was to prevent student learning loss and regression during the summer break. Each student
completed a Developmental Reading Assessment (DRA) at the start and conclusion of the program. The
goal was met as 100% of the students who continuously attended 16-hours per week either maintained
(47%) or improved (53%) their reading level at the completion of the Summer Academy.
PUBLIC
Overview
Fresno Housing seeks to build support for housing as a key component of vibrant, sustainable communities through
public information, engagement, and advocacy that promotes affordable housing and supports the advancement of
Fresno’s low-income residents.
The efforts of staff are ongoing and will be reported as outcomes are achieved.
PARTNERSHIP
Overview
Fresno Housing seeks to collaborate to strengthen its ability to address the challenges facing Fresno communities.
The efforts of staff are ongoing and will be reported as outcomes are achieved.
MANAGEMENT GOALS
The goals of management include our efforts to stabilize, focus, and extend activities to meet the mandate of our
mission through good decision making related to Sustainability (staffing, finances, effectiveness, evaluation,
technology, facilities); Structure (governance); and Strategic Outreach (communications, image, visibility, public
affairs, policy).
121
Sustainability
Build and maintain an innovative, engaged, visible, and sustainable organization, committed to its mission of
providing housing for low-income populations.
Fiscal Services:
2014 audit process: One program, Parlier Migrant, has a June 30 fiscal year end. The audit for this
program will begin on Monday, August 11, and is again being conducted by Mayer Hoffman McCann
PC.
Enterprise Management System: The Request for Proposals for an Enterprise Management System
(EMS) was issued on June 25th. Three proposals were received and have been evaluated by a team of
seven staff members representing all major operations of the Agency. Next step will be to set up
interviews with selected respondents. We anticipate bringing a recommendation to the Board in the
month of September.
Auditor’s Recommendations Follow-up: Pursuant to the 2013 audit process, our auditors issued a letter
to the Board of Commissioners containing ten suggestions for possible improvement in internal controls
or operations. Five of those recommendations have been implemented, four are in process of
implementation and one is under review.
HUD On-Site Review: We have been notified that HUD will be conducting an on-site review of our Low
Rent Public Housing and Housing Choice Voucher programs during the week of September 15. We are
just one of many PHAs chosen for this routine examination this year. The examination is to cover the
period January 1, 2014 through July 31, 2014. The purpose of the review is to gain assurance that internal
control policies and procedures of the Agency are sufficient to ensure that federal funds have been used
in accordance with grant agreements, the Annual Contributions Contract and other general federal
compliance requirements.
Current activities: (1) Our in-house Fiscal Services training and refresher workshops continue
periodically. (2) Staff has begun the process of writing Desk Guides, which is one of our first steps in
designing effective cross-training. (3) Staff is reviewing, amending and writing internal control policies
for the Boards’ consideration. (4) Staff is beginning to reach out to other departments in order to better
understand how we may help each other to be more efficient by streamlining processes while ensuring
adequacy of internal controls.
Procurement
The Procurement Department has worked closely with various Agency departments to acquire the
following goods and services:
Recent Solicitations:
–
A Creative Strategic Planning RFP for events/outreach pertaining to the Agency’s 75th
Anniversary ended on 6/25/14.
After a full evaluation, an award was made to Fern Tiger
Associates of Oakland, California
–
A Public Art Consultancy Services RFP ended on 6/30/14. After a full evaluation, an award was
made to Axis Art Consulting of Fresno, California. Services pertaining to this contract will
include an art project for the water tower near the Agency’s Renaissance properties.
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–
An Enterprise Management System (EMS) RFP closed on 7/25/14. The Agency was pleased to
receive several proposals which are currently being evaluated by the heads of various user
departments.
–
A General Architectural Services Request for Qualifications (RFQ) closed on 7/24/14. The Agency
was pleased to receive several proposals and they are currently being evaluated by the heads of
various user departments.
–
The Agency Site Plan and Feasibility Analysis RFP deadline was 6/26/14. The Agency was
pleased to receive several proposals, and due to the nature of this solicitation, several local
agencies and stakeholders have been included in the evaluation process (evaluations are still
ongoing).
Ongoing Solicitations:
–
A Banking Services RFP opened to the public on 7/29/14. The deadline to submit a proposal is
8/28/14. The proposal that eventually receives an award will handle all general banking services
for the Agency.
Solicitations for the Near Future:
–
The procurement department is working with various departments to create scopes of work for
the following services:
•
Property Management
•
Real Estate Agent
•
Janitorial
•
Civil Engineering
•
Development Consultant
•
Security Guard Service
•
Annual Audit
•
Temporary Employment/Job Placement
•
Interior Design
Safety and Wellness
Several Agency employees had the opportunity to attend the 1st Annual California Housing Workers’
Compensation Authority (CHWCA) Central Region Training. This training was sponsored by the
Agency’s worker’s compensation administrator. The key note speaker, Patrick Prince, is an expert in the
area of workplace violence. All in attendance gained a better understanding of how proactive measures,
such as reasonable cause drug testing, can prohibit unfortunate acts of violence in the workplace.
Human Resources
The Human Resources department has continued to successfully fill open positions with qualified
individuals. Open positions within the Agency include positions in the areas of Finance, Asset
Management and Quality Assurance. A member of the Human Resources Department recently attended
the Western Regional Intergovernmental Personnel Assessment Council’s Seminar on conducting job
analysis in the public sector. The information provided in the seminar provided a strategic approach on
how to create and revise Agency job descriptions to ensure stronger content and compliance. The HR
department has teamed up with Agency employment legal counsel to begin updating Agency job
123
descriptions in order to better define essential job duties and ensure an accurate reflection of the
knowledge, skills and abilities required for each position.
IT Services
CMTi worked on ordering three new printers for the Central office. The new printers replaced three of
the old printers that recently failed. This acquisition also increased Agency efficiency and saved money
as the three new printers were placed on the current printer contract, which includes the cost of toner and
maintenance.
CMTi teamed up with the Accounting Department to add and configure eight additional check layouts to
the IFAS system. This new configuration allows the Accounting Department to run check codes for all
new entries on their own laser checks.
CMTi teamed up with the Human Resources Department to go through the Active Directory on the
domain server and clean up user accounts. Each user account’s division, job title, phone numbers, and
employee ID was updated and verified. CMTi also went through and cleaned up each disabled account
by moving them to the Disabled folder within Active Directory. This change allowed the removal of
previous employee’s membership, which cleaned up the distribution list within Exchange.
Structure
Maintain a committed, active, community-based Boards of Commissioners.
Commissioners Lowe, Anthony, and Jones were in attendance at the NAHRO Summer Conference in
Tampa, Florida. Commissioners Anthony and Jones both serve on National NAHRO Committees
(Legislative Network and Commissioners Committees, respectively) helping to fulfill the mission and
goals of those committees at the National level. Additionally, they remain strong advocates for the
affordable housing agenda, specifically for agencies represented in the Pacific Southwest region.
Additionally, Commissioners continue to remain engaged in the work of the agency through the work
and oversight of the Executive Committee. The committee meets at least once monthly to help provide
guidance and oversight with regards to the matters overseen by the Boards, and to facilitate
communications with Senior Level staff.
Lastly, Commissioners continue to stay involved and committed to the communities we serve,
specifically supporting endeavors in which Fresno Housing sponsors and/or partners, where we continue
to make strides in creating and sustaining vibrant communities. Commissioner Rueben Scott joined
CEO/Executive Director, Preston Prince; City of Fresno Councilmember, Clint Olivier; Fresno Unified
Board Trustees, Carol Mills and Chris De La Cerda; and a host of partners and residents for National
Night Out at Parc Grove Commons.
Strategic Outreach
Heighten agency visibility, facilitate community dialogue about housing solutions; and build support for the agency
and quality affordable housing.
The Communications department planned and implemented two events in the past month: the Ribbon
Cutting at Parc Grove Commons in conjunction with National Night Out on August 5th and the All Staff
Event/Ethics Training on August 8th.
124
The Communications department has also successfully collaborated with Fern Tiger Associates on the
completion of the Fresno Housing Capacity Report, a publication that promotes agency programs and
services provided and strategically highlights our mission to create and sustain vibrant communities.
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• 2014 Operating Budget
• Financial Results as of June 30th, 2014
• Financial Highlights
• HAP Financial Results
2014 Adopted Operating Budget
Fresno Housing Authority
2014 Op erating Budget
Core
Instrum.
P&CD
Assisted
Housing
Housing Affordable
Mgmt. Housing
Total
Income
Expenses
8.15
7.9D
1.09
0.61
4.28
2.80
10.14
11.24
11.16
10.53
1.67
1.23
36.49
34.31
+/-
0.25
0.48
1.48
(1.10)
0.63
0.44
2.18
1.48
(1.10)
0.44
1.07
Unrestricted
0.25
*all figures in millions of dollars and rounded to the nearest ten thousandth
• Overall, the Agency has realized $1.31 million more in net income
than originally budgeted for this time of year.
• Compared to the YTD Budget, restricted net income is up $1.8
million, and unrestricted net income is down $500k.
•all figures in millions of dollars and rounded to the nearest ten thousandth
• Unrestricted Programs
• Includes Core, P&CD, Aff. Hsg. & negative net operating income (NOI) in
AHD.
• Core: Management Fees paid by RADs had not yet been received.
• P&CD: Delay in Alta Monte Developer Fees.
• Restricted Programs
• Includes HSM, Instrumentalities, and positive NOI in AHD.
• Instrumentalities: Increased interest income to HRFC (accruals & cash).
• HSM: Increase in subsidy & tenant rents.
•all figures in millions of dollars and rounded to the nearest ten thousandth
• Unrestricted Programs
• Core & P&CD: Lower in Salaries, Benefits, and Travel/Training.
• Aff Hsg: Over budget in Repairs and Maintenance.
• Restricted Programs
• HSM: Slightly over budget in Admin Overhead due to subsidy pass thru
to RADs.
•all figures in millions of dollars and rounded to the nearest ten thousandth
• Unrestricted Programs
• Overall, NOI is lower than anticipated due to delayed revenue in P&CD and
Core
• Restricted Programs
• NOI is higher than expected due to increased income to public housing and
Instrumentalities.
• This surplus is highly restricted and can only be used for specific purposes.
•all figures in millions of dollars and rounded to the nearest ten thousandth
Questions or Comments?
Legend
Division
Core
Program Type
Administrative
Services
Instrumentalities
(Instrum.)
Oosely-Related
Entities
Assisted Housing
(AHD)
Housing
Programs
Housing
Services
Restricted
Non-Subsidized
Housing
U nres tric ted
Housing Mgmt.
(HSM)
Affordable
Housing
Net Income Restrictions
Unrestricted
Restricted
Positive Net Income is
Restricted. Negative Net
Income is Unrestricted.
Departments
Hum.an Resources, Fiscal Services,
Executive Office, Operations, COCC
Housing Relinquished Fund Corp.
(HRFC), Housing Self-Insurance Corp.
(H SIC), Silvercrest, Villa del Mar
Housing Choice Voucher, Homeless
Services, Resident Services Programs
Low-Rent Public Farm Labor, Migrant,
CHF A Housing
Firebaugh Family, Dayton Square,
Woodside Apts., El Cortez
• Firebaugh Gateway
• Fultonia West/Cedar Heights
• Proposed 30 Units of Senior Housing on the corner of
13th &P Streets in Firebaugh
– Fall 2012: Department of Finance (DOF) halted the
property transfer due to RDA issues
– July 2014: Firebaugh City Council acting as the
Successor Agency released RFP for sale of property
– July 2014: FH responded to RFP
– August 2014: Firebaugh City Council recommended
FH proposal to Successor Agency
– August 2014: Successor Agency approved sale to
FH
– Potential 1st Round 2015 Tax Credit application
– Anticipated HRFC Commitment: $1.5 mill
$4,421, 315
$1,800,000
FH Financing
Inte rest
Tota l Sou rces of Funds
Construction Costs
Ha rd Cost Contingency
Relocation Costs
Professiona l Fees
Loan Fees and other Soft Costs
Reserves
$6, 301,985
$520,000
$3,378, 386
$175, 669
$48,410
$357,000
$1,057,404
$55,009
$710,107
The sources and uses of
• Fultonia West – Vacant Parcel (.82
acres) owned by TFS Investments
located at Fulton and Belmont
• Cedar Heights – Vacant Parcel (.83
acres) owned by FH located at
Hamilton and Chance
• Proposed 45 units (1-3 Bd.’s)
• 9% Tax Credit Application submitted
July 1, 2014, awards in September
Fultonia West/Cedar Heights
Pre liminary
Fu ltonia West + Cedar Heights Pro Forma
Pro Fo rma Sou rces and Uses
Sources of Funds
Low Income Hous ing Tax Cred it Equity
HACF Se ll er Fi nancing
City of Fresno RDA Funds
City of Fresno HOM E Funds
Tota l Sou rc es of Funds
Uses of Funds
Acqu isit ion Costs
Construction Cost s
Hard Cost Cont i ngency
Profess iona l Fees
Loan Fees and othe r Soft Cost s
Reserves
Developer Fee
Tota l Uses of Funds
Amount
$6,167,728
$90,500
$870,000
$2,100,000
Per Unit
$137,061
$2,011
$19,333
$46,667
$9,228,228
$205,072
Amount
$330,783
$5,555,969
$284,891
$477,693
$1,349,412
$117,261
$1,112,219
Per Unit
$7,351
$123,466
$6,331
$10,615
$29,987
$2,606
$24,716
$9,228,228
$205,072
• Ensures implementation and maintenance of
internal control systems within the Agency in
accordance with the Standards for Internal Control in
the Federal Government (Green Book), issued by the
U.S. Comptroller General
Questions or Comments?
HOW FRESNO COUNTY’S HOUSING MARKET IS FAILING
TO MEET THE NEEDS OF LOW-INCOME FAMILIES
RECOMMENDATIONS TO THE LEADERS OF THE STATE OF CALIFORNIA AND FRESNO COUNTY
Fresno County has the tenth largest shortfall of homes affordable to low-income families in California. Many of
those families live in unhealthy or unsafe conditions, crowd multiple people into each room, and still pay more
than 50 percent of their income on rent. The following report describes the magnitude of the shortfall, highlights
those who are affected by cuts to housing programs, and recommends local policy solutions to help mitigate the
impact of Fresno County’s affordable housing crisis.
KEY ELEMENTS OF FRESNO COUNTY’S
AFFORDABLE HOUSING MARKET
FAILURE:
• There is a shortfall of 34,855 homes affordable
to Fresno County’s very low-income (VLI) and
extremely low-income (ELI) households.
• Median rents in Fresno County increased by
21 percent between 2000 and 2012, while
the median income declined by 13 percent,
significantly driving up the percentage of income
that households must spend on rent.
• 73% of very low-income households pay more
than half their income on rent.
92%
of very low-income
households in Fresno
County pay more than
30% of their income in rent.
FIGURE 1 : SHORTFALL OF AFFORDABLE AND
AVAILABLE HOMES IN FRESNO COUNTY
60,000
50,000
34,855
40,000
Shortfall
30,000
20,000
10,000
0
Rental Housing with
Rents Affordable to
VLI and ELI renters
Number of Very and
Extremely Low-Income
Households
•
Very Low-Income
SOURCE: NLIHC Analysis of 2012 American
Community Survey PUMS data
AUGUST 2014
•
Extremely Low-Income
SOURCE: CHPC Analysis of 2007-2011 CHAS Data
THE HOUSING MARKET HAS FAILED
TO MEET THE NEEDS OF AN ENTIRE
SEGMENT OF FRESNO COUNTY’S
POPULATION
Rent is considered affordable when it consumes no
more than 30 percent of household income. Fresno
County is home to 27,145 extremely low-income (ELI)
renter households—those earning 30 percent or less
of the metro area’s median income. Fresno County
has an affordable home for fewer than two out of
ten of these ELI households.1 Very low-income (VLI)
households, those who earn up to half of the area’s
median income, fair only slightly better; there are
homes with affordable rents for only three out of ten
VLI households in the county.
More than 50 percent of ELI households are elderly
or disabled, while VLI households are more likely to
include low-wage workers.2 In fact, there are 93,391
workers in Fresno County earning less than half the
county’s median income. TABLE 1 provides some
examples of working VLI adults in Fresno County who
earn far less than the income required to afford the
fair market rent on a two-bedroom apartment.
RENTS ARE HIGH AND RISING,
ESPECIALLY IN RELATION TO
STAGNANT OR DECLINING INCOMES
Household median incomes in Fresno County were
13 percent lower in 2012 than in 2000, after adjusting
for inflation. However, the inflation-adjusted median
rent was 21 percent higher. FIGURE 3 shows the
imbalance between the growth in median rents and
the decline in median income since 2000.
Coupled with stagnant wages, increasing housing
costs have pushed the budgets of many low-income
households to the breaking point. According to
the California Poverty Measure, the poverty rate in
Fresno County is 20 percent. 4
Rents increase in response to demand. While
the overall population increased by a moderate
5.4 percent between 2006 and 2012, the rate of
households in the rental market jumped by 13.6
percent,5 exacerbated by displacement caused by
the foreclosure crisis. Unless more affordable rental
homes are added to the housing stock, rents will
likely continue to rise.
While increasing the minimum wage would certainly
help, the affordable housing shortfall cannot be offset
by living-wage initiatives alone.
TABLE 1 : WHO IS BEING LEFT OUT OF FRESNO
COUNTY’S HOUSING MARKET?
50% of HUD Area Median Income (AMI) in
Fresno County for a 3-person household: $24,650
Total workers earning < 50% AMI: 93,391
Salary needed to afford Fair Market Rent: $33,080
JOB CATEGORY
Bank Tellers
Home Health Aides
Childcare Workers
Security Guards
Ambulance Drivers &
Attendants
MEDIAN INCOME IN
FRESNO
$24,630
$21,940
$20,250
$18,800
$18,170
SOURCE: See Endnote 3
FIGURE 2 : CHANGE IN OWNER AND RENTER
HOUSEHOLDS (in thousands)
200
150
100
50
0
2000
Renter Households
2006
2012
Owner Households
SOURCE: 2000 Census, 2006 1-year ACS, 2012 1-year ACS
Median
Household Income
13% DECREASE
12
11
10
09
08
07
06
05
04
03
02
01
Median
Household Rent
21% INCREASE
00
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
-5.0%
-10.0%
-15.0%
20
Cumulative Percentage
Since 2000
FIGURE 3 : CUMULATIVE PERCENTAGE CHANGE IN INFLATION-ADJUSTED MEDIAN INCOME AND
MEDIAN GROSS RENT PAID IN FRESNO COUNTY 2000 TO 2012
SOURCES: US Census 2000 and American Community Survey, 2005-2012. Median rents and incomes for 2001-2004 are estimated.
LOCAL, STATE, AND FEDERAL
DISINVESTMENT IN AFFORDABLE
HOUSING HAS EXACERBATED THE
HOUSING MARKET’S FAILURE TO
PROVIDE FOR LOW-INCOME FAMILIES
Even as Fresno County’s shortfall of affordable homes
has become more acute, the state has reduced its
direct funding for affordable housing dramatically.
State Housing Bonds funded by Propositions 1C and
46 are exhausted, meaning the elimination of tens of
millions of dollars in investment to provide homes to
low- and moderate-income households in Fresno. The
elimination of Redevelopment funds led to a loss of
more than $9.8 million annually in local investment in
the production and preservation of affordable homes
in Fresno County.
Exacerbating the state cuts is the simultaneous
disinvestment in affordable housing by the federal
government. Cuts to HOME and Community
Development Block Grants (CDBG) have resulted in
the loss of another $3.9 million in annual funding. TABLE
2 highlights the loss of state and federal funding for
affordable homes in Fresno since 2008.
77% DECRE ASE
in state and federal funding for affordable
homes in Fresno since 2008.
TABLE 2 : CHANGE IN FRESNO COUNTY’S MAJOR AFFORDABLE HOUSING FUNDING SOURCES
FY 2007/08 TO 2012/13*
FUNDING SOURCES
FY 2007/2008
FY 2012/2013
% CHANGE
State Housing Bonds Prop. 46 and Prop. 1C*
Redevelopment Funds for Affordable Housing
Federal CDBG Funds
Federal HOME Funds
$34,904,087
$9,892,507
$12,106,910
$5,097,014
$1,000,000
$0
$10,196,625
$3,068,531
-97%
-100%
-16%
-40%
Total
$62,000,518
$14,265,156
-77%
SOURCES: CHPC tabulations of HCD’s Annual Report of Financial Assistance Programs and Redevelopment Housing Activities Report.
*Prop. 46 and Prop. 1C spending for FY 2007/2008 and 2012/2013 provided by HCD.
RECOMMENDATIONS to the leaders of the State of
California, Fresno County, and local jurisdictions
If California is to rebuild a strong and diverse economy that includes low- and moderate-income households, our
state must reinvest in affordable homes and develop responsive policy. Simply allowing a broken housing market
to run its course will further impoverish low-wage workers and make the goal of economic independence harder
to achieve due to the high percentage of income consumed by housing costs. The current housing market is
also forcing our veterans, seniors and people with disabilities into unstable living conditions and increasing
hospitalizations and emergency room visits that cost local governments five to ten times more in service costs.
STATEWIDE Policy Recommendations
LOCAL Policy Recommendations
1. Replace the exhausted state housing bonds
(Propositions 46 and 1C) by:
• Passing legislation to create a permanent source
of funding at the state level for the production
and preservation of affordable homes.
• Continue investing at least $100 million per year
in general funds in existing state affordable
housing programs.
1. Dedicate at least 20 percent of tax increment
revenue recaptured from former redevelopment
areas to an affordable housing trust fund.
2. Give local governments tools to replace lost funding
and meet obligations to create and preserve
affordable homes by:
• Lowering the voter threshold required to pass
infrastructure bonds for housing, transportation,
and parks from two-thirds to 55 percent, the
same as it is for school bonds.
• Authorizing a new local Tax Increment Financing
(TIF) program to fund investment in basic
infrastructure including transportation, housing,
and parks.
• Permitting local jurisdictions to require that new
housing developments include a percentage of
homes affordable to low- and moderate-income
households.
3. Continue to invest a minimum of 10 percent of
Cap-and-Trade auction revenues in the production
and preservation of affordable homes that help
California meet its GHG reduction targets. 6
2. Identify sites for affordable infill developments in
higher income, higher opportunity areas of the city
and county.
3. Pass a housing impact fee that funds affordable
homes as part of larger market-rate developments.
4. Designate and retain land zoned for dense,
multifamily housing development in all areas
slated for future growth in the general plans of
communities throughout Fresno County.
5. Develop a code enforcement strategy that
addresses substandard housing conditions while
protecting tenants.
6. Provide infrastructure improvements to facilitate
infill residential development and to improve
quality of life in low-income communities.
For more information about local policy
solutions in Fresno County, contact:
www.fresnohousing.org
1 California Housing Partnership Analysis of 2007-2011 CHAS Data
2 National Low Income Housing Coalition. “America’s Affordable Housing Shortage and How to End it.” Housing Spotlight 3, no. 2, (2013) http://nlihc.org/sites/
default/files/HS_3-1.pdf.
3 TABLE 1 Sources: CHPC Analysis of U.S. Department of Housing and Urban Development Section 8 Income Limits for 2012; Bureau of Labor Statistics 2012
Occupational Employment Statistics from Fresno County; National Low Income Housing Coalition. “Out of Reach,” 2014, salary needed to afford Fair Market Rent
for a two-bedroom apartment in Fresno County.
4 The California Poverty Measure is an alternative to the conventional measure of poverty developed by the Public Policy Institute of California and Stanford that
takes into account the social safety net and cost of living. http://www.ppic.org/content/pubs/report/R_1013SBR.pdf.
5 California Housing Partnership Analysis of 2006 1-year American Community Survey (ACS) and 2012 1-year ACS.
6 California Housing Partnership has authored and co-authored several reports on the environmental and social benefits of locating affordable homes near
transit. A list of reports can be found at http://www.chpc.net/GREEN/Publications.html.