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 PAGE # 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 1 PAGE # 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 15 17 22 27 45 48 53 61 64 65 76 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 103 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 116 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. 1 Page |2 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 2 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. 3 Page |2 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. 6-25-2014 Joint Minutes 4 Page |3 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. 6-25-2014 Joint Minutes 5 Page |4 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. 6-25-2014 Joint Minutes 6 Page |5 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. 6-25-2014 Joint Minutes 7 Page |6 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. 6-25-2014 Joint Minutes 8 Page |7 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 6-25-2014 Joint Minutes 9 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. 10 Page |2 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. 7-23-2014 Joint Minutes 11 Page |3 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 7-23-2014 Joint Minutes 12 Page |4 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 7-23-2014 Joint Minutes 13 Page |5 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 7-23-2014 Joint Minutes 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. 15 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 [“SOFT” ARTICLE NO. 4] DRAFT 8/20/14 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. 1524141v1 / 18621.00061472658v4 / 18621.0006 1 66 [“SOFT” ARTICLE NO. 4] DRAFT 8/20/14 7/3/14 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: 1524141v1 / 18621.00061472658v4 / 18621.0006 2 67 DRAFT 8/20/14 [“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 Formatted: Font: 20 pt 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 1524141v1 / 18621.00061472658v4 / 18621.0006 3 68 DRAFT [“SOFT” ARTICLE NO. 4] 8/20/14 7/3/14 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 1524141v1 / 18621.00061472658v4 / 18621.0006 4 69 DRAFT [“SOFT” ARTICLE NO. 4] 8/20/14 7/3/14 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 Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold 1524141v1 / 18621.00061472658v4 / 18621.0006 5 70 DRAFT [“SOFT” ARTICLE NO. 4] 8/20/14 7/3/14 Ffinancial and legal Sservices. Formatted: Font: Not Bold Formatted: Font: Not Bold 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. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold 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 1524141v1 / 18621.00061472658v4 / 18621.0006 6 71 DRAFT [“SOFT” ARTICLE NO. 4] 8/20/14 7/3/14 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 1524141v1 / 18621.00061472658v4 / 18621.0006 7 72 DRAFT [“SOFT” ARTICLE NO. 4] 8/20/14 7/3/14 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 1524141v1 / 18621.00061472658v4 / 18621.0006 8 73 DRAFT [“SOFT” ARTICLE NO. 4] 8/20/14 7/3/14 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 Formatted: Font: Not Bold Formatted: Font: Not Bold 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. 1524141v1 / 18621.00061472658v4 / 18621.0006 9 74 DRAFT [“SOFT” ARTICLE NO. 4] 8/20/14 7/3/14 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 1524141v1 / 18621.00061472658v4 / 18621.0006 10 75 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. 1506335v3 / 18621.0006 1 77 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 1506335v3 / 18621.0006 2 78 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. 1506335v3 / 18621.0006 3 79 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 1506335v3 / 18621.0006 4 80 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 1506335v3 / 18621.0006 5 81 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 1506335v3 / 18621.0006 6 82 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. 1506335v3 / 18621.0006 7 83 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 1506335v3 / 18621.0006 8 84 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 1506335v3 / 18621.0006 9 85 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 1506335v3 / 18621.0006 10 86 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. 1520252v3 / 18621.0006 1 87 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 1520252v3 / 18621.0006 2 88 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. 1520252v3 / 18621.0006 3 89 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 1520252v3 / 18621.0006 4 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 1520252v3 / 18621.0006 5 91 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 1520252v3 / 18621.0006 6 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. 1520252v3 / 18621.0006 7 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. 1520252v3 / 18621.0006 8 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 1520252v3 / 18621.0006 9 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 1520252v3 / 18621.0006 10 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. 120 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. 122 – 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. 125 • 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.