4/23/2009

HOUSING AUTHORITY OF THE CITY AND COUNTY OF SAN FRANCISCO Minutes of Commission Meeting Thursday, April 23, 2009

440 Turk Street San Francisco, California

A Regular meeting of the Housing Authority Commission of the City and County of San Francisco met at 440 Turk Street, San Francisco, California, on Thursday, April 23, 2009, at 4:00 p.m.

Vice President Gans called the meeting to order at 4:04 p.m.

1. ROLL CALL PRESENT:

Rev. Amos Brown, President (arrived during Closed Session) Neola Gans, Vice President Millard Larkin, Commissioner Jane Hsu, Commissioner Matthew Schwartz, Commissioner Dwayne Jones, Commissioner (arrived at 4:20)

NOT PRESENT:

George R. Brown, Commissioner

A quorum was present.

ALSO PRESENT: 2.

Mr. Henry A. Alvarez III, Executive Director Mr. Roger Crawford, Assistant General Counsel

APPROVAL OF AGENDA Commissioner Larkin motioned to approve the agenda. Commissioner Schwartz seconded the motion. This Request was approved unanimously.

3.

GENERAL COMMUNICATIONS/ REPORT OF SECRETARY Henry Alvarez, Executive Director combined the General Communications and the Secretary’s Report by informing the Commission that they could find a letter received from HUD regarding the Recovery Act Capitol Fund Formula Grant and the SFHA Electronic Collection Price Quotes in their binders.

4.

COMMITTEE REPORTS There were no Committee Reports.

Commission Meeting Minutes April 23, 2009 Page 2 5.

REPORT OF GENERAL COUNSEL Roger Crawford informed the Commission that there was a Closed Session to discuss personnel issues, pending litigation and labor negotiations.

6.

TENANT REPRESENTATIVE REPORT Mr. William Vitale, Citywide Counsel/ Senior Disabled reported on several issues including elections, a successful earth day, office supplies and resident participation funds.

Kimberly Hill-Brown, President of the Tenants Association, informed the Commissioners of several items including the update on the status of requests made to the Commissioners, use of capitol funds and PHA Planning.

7.

PUBLIC COMMENT ON AGENDA ITEMS There were no public comments on agenda items.

8.

UNFINISHED BUSINESS There was no unfinished business.

9.

NEW BUSINESS

A) CONSENT AGENDA 1) RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH BAYVIEW PAINTING & CONSTRUCTION TO MANUFACTURE (2) TRASH BIN COLLECTION TRAILERS TO SUPPORT THE NEW ENVIRONMENTAL RECYCLING SERVICE STATION AT SUNNYDALE DEVELOPMENT FOR AN AGGREGATE AMOUNT NOT TO EXCEED $72,000 FROM THE 2007 CAPITAL FUND PROGRAM. (Presented by James Mark, HD & MOD Senior Project Manager/Barbara Smith, Administrator of Housing Development and Modernization) 2) RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH SUNSET SCAVENGER, GOLDEN GATE & RECYCLING COMPANY TO MANUFACTURE TWO (2) COMPACTORS TO SUPPORT THE NEW ENVIRONMENTAL RECYCLING SERVICE STATION AT SUNNYDALE DEVELOPMENT FOR AN AGGREGATE AMOUNT NOT TO EXCEED $85,049 FROM THE 2007 CAPITAL FUND PROGRAM. (Presented by James Mark, HD & MOD Senior Project Manager/Barbara Smith, Administrator of Housing Development and Modernization) Commissioner Schwartz motioned to approve the Consent Agenda. Commissioner Jones seconded the motion. The Consent Agenda was approved unanimously.

Commission Meeting Minutes April 23, 2009 Page 3 B) ACTION ITEMS

1) RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A ONE YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN FRANCISCO HOUSING AUTHORITY AND THE SAN FRANCISCO POLICE DEPARTMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $650,000 Tim Larsen, General Counsel as well as Commander Sylvia Harper presented this presentation. In 2004, it was the consensus of the SFHA and SFPD that a new approach to security, using supplemental Housing Liaison Officers, could make a difference in curtailing criminal activity. As a result, a Community Policing Program was implemented in April of 2004 and a two year extension was agreed to in 2006. The 2006 Memorandum of Understanding (“MOU”) provided Housing Liaison Officers at Sunnydale, Potrero and Hunters View/Hunters Point/Westbrook. In early 2007 Housing Liaison Officers were added at Alemany, Hayes Valley and Plaza, but these sites were not part of the MOU and the SFPD picked up all expenses for the sites.

The approval of this item will allow the Executive Director to enter into an MOU with the SFPD to provide supplemental police services to Sunnydale, Hunters Point/Westbrook/Hunters View, Potrero, Alice Griffith, Alemany, Hayes Valley and Plaza. In turn this will allow staff to continue its efforts with the Cause cases, and Stay Away Orders to promote a safe, healthy environment for the residents.

Under the new MOU, the SFPD will provide the following services: 33 officers dedicated to eight sites (29 Officers, three Sergeants, and a Commander); Officers are volunteers; Officers agree to a one (1) year assignment; at least 50% of each shift will be spent on foot; the officers will become involved with the youth at the site in recreational and other programs to create positive interactions; the basic work shift for the officers will be 12 hours; officers will maintain a flexible work schedule to provide maximum coverage; the officers will be in “no-call” cars and will not be called off their community policing assignments unless there is an emergency; the officers will provide information to the SFHA on activities they observe on the site; The Housing Liaison Officers and SFPD will develop strategies to deal with drug and gang activities to include prevention, intervention and enforcement; the officers will meet with Property Site Managers daily and attend formal meetings as scheduled; the Housing Liaison Officers will assist in enforcing no trespassing, removing squatters in units, and evictions; the officers will work with probation and parole officers to ensure that probationers and parolees who frequent public housing sites are identified; and the Housing Liaison Officers will serve Stay Away Orders.

The residents benefit by having dedicated Housing Liaison Officers at their sites, so the SFHA can continue to pursue its mission of providing, safe, decent, sanitary housing for the residents. The cost of providing supplemental police services will

Commission Meeting Minutes April 23, 2009 Page 4 be allocated between Low-Income and Capital Fund Program budgets in the amount of $650,000 per year. Commissioner Jones then requested additional information on the SFPD PAL program. Commander Harper introduced the Commissioners to members of the Police Department who were participants in the program.

Commissioner Jones requested information on what is considered an emergency situation for the Community Policing Officers. Commander Harper informed him that emergency situations included life-threatening situations or occasions when another SFPD officer was down.

Commissioner Schwartz wanted to know if there was a standard for the number of officers required per population. Commander Harper informed the Commissioners that she was not aware of the exact formula but ensured the Commission that the Police Department was providing quality services to all SFHA developments.

Commissioner Schwartz motioned to approve this Resolution. Commissioner Jones seconded the motion. This Resolution was approved unanimously.

2) RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ADOPT HUD'S REGULATIONS CONCERNING RESIDENTS' RENT PAYMENTS (Presented by Tim: Larsen, General Counsel, Office of General Counsel) The Board requested that staff review the regulations governing program participants’ (Residents) obligation to pay rent. The rules are as follows: 24 CFR § 5.628: (a) Total tenant payment is the highest of the following: (1) 30 percent of the family's monthly adjusted income; (2) 10 percent of the family's monthly income; or (3) The minimum rent, as determined in accordance with Section 5.630."

24 CFR § 966.4 Lease Requirements: “3(b) Payments under the lease. (1) Tenant rent. (i) The tenant shall pay the amount of the monthly tenant rent determined by the PHA in accordance with HUD regulations….”

24 CFR § 966.4 Lease Requirements: (l) Termination of tenancy and eviction. – (1) Procedures. The lease shall state the procedures to be followed by the PHA and by the tenant to terminate the tenancy. (2) Grounds for termination of tenancy. The PHA may terminate the tenancy only for: (i)(A) Failure to make payments due under the lease;” Morris, Davis Chan (MDC), the SFHA’s independent financial auditors, recently completed its audit. One of MDC’s findings was the SFHA was not following rent collection protocol. The condition was caused by the Authority’s noncompliance

Commission Meeting Minutes April 23, 2009 Page 5 to its Rent Collections Policy & Procedures. Pursuant to HUD guidelines MDC’s report will be forwarded to HUD shortly.

When evaluating an Authority’s ability to manage its resources, HUD looks at an Authority’s outstanding tenant receivables. If tenant receivables are high, this could impact the SFHA’s ability to manage itself and therefore be turned over to the Troubled Agency Recovery Center (TARC). Once referred to the TARC an agency has two years to turn the substandard condition around, or a receiver could be appointed over the agency. Beginning October 1, 2009, staff recommends that the SFHA follow HUD’s mandate and enforce the lease agreement for nonpayment of rent.

Commissioner Larkin wanted information on the rental assistance programs that were instituted by the SFHA. Kyle Pederson, Director of Governmental Affairs and Communications informed the Commission that the SFHA was in the process of having a public forum regarding changes and additions in the Authorities PHA plan that address that issue. Mr. Pederson also gave the Commissioners information on the SAVERS program and the RAP programs which are both used to address rental assistance issues.

Commissioner Jones wanted to know some ideas on how we can improve our current rent situations. Mr. Larsen informed the Commissioners that lease enforcement was a way to start correcting the problem.

Commissioner Larkin motioned to approve the Resolution. Commissioner Schwartz seconded the motion. This Resolution was passed unanimously.

10.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Public Comments were heard by the following: Jackie Sachs

11.

COMMISSIONERS COMMENTS AND REPORTS There were no Commissioner Comments.

12.

CLOSED SESSION A Closed Session was scheduled with the Executive Director and Agency Counsel under Government Code Section 54957(b)(1), 54956.9, 54957.6 to update the Commission on personnel issues, pending litigation and labor negotiations. The Commission went into Closed Session at 5:05 p.m.

13.

RECONVENING OF COMMISSION MEETING

Commission Meeting Minutes April 23, 2009 Page 6 The Commission reconvened from Closed Session at 6:15 pm. Mr. Crawford stated that President A. Brown, Vice President Gans, Commissioner Larkin, Commissioner Schwartz, Commissioner Hsu and Commissioner Jones were present. No decisions were made.

14.

ADJOURNMENT There being no further business to come before the Commission, Commissioner Schwartz moved to adjourn the meeting. Commissioners Jones seconded the motion. President Brown adjourned the Commission Meeting of April 23, 2009, at 6:15 p.m.

Henry A. Alvarez III, Secretary/ Executive Director

Rev. Amos Brown, President