SAN FRANCISCO HOUSING AUTHORITY Rev. Amos Brown, President Mirian Saez, Vice President Micah Allen, Commissioner
Dr. Veronica Hunnicutt, Commissioner Ahsha Safai, Commissioner Matthew Schwartz, Commissioner Dorothy Smith, Commissioner
BOARD AGENDA May 10, 2012 4:00 pm Board of Commissioners Room 440 Turk Street San Francisco Ca. 94102 (415) 715-3280 Henry A. Alvarez III Executive Director
.The Mission of the S
“The Mission of the San Francisco Housing Authority is to deliver safe and decent 1 housing for low income households and integrate economic opportunity for residents.”
Table of Contents MEETING NOTICE .................................................................................................................................. 3 PUBLIC COMMENTS ON ....................................................................................................................... 6 SECRETARY’S REPORT ......................................................................................................................... 7 TENANT REPRESENTATIVE REPORT: ........................................................................................... 24 REGULAR BUSINESS AGENDA: ......................................................................................................... 25 COMMISSIONER’S COMMENT.......................................................................................................... 64 CLOSED SESSION .................................................................................................................................. 65
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EDW IN M. LEE, MAYOR SAN FRANCISCO HOUSING AUTHORITY
REV. AMOS C BROW N, PRESIDENT
SAN FRANCISCO HOUSING AUTHORITY Mirian Saez, Vice President Micah Allen, Commissioner Dr. Veronica Hunnicutt, Commissioner Ahsha Safai, Commissioner Matthew Schwartz, Commissioner Dorothy Smith, Commissioner Henry A. Alvarez III, Executive Director
440 TURK STREET SAN FRANCISCO, California 94102 www.sfha.org
MEETING NOTICE Thursday, May 10, 2012·4:00 p.m. 1.
The San Francisco Housing Authority holds its meetings at 440 Turk Street, San Francisco, California 94102.
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Disability Access: 440 Turk Street is accessible to persons using wheelchairs and others with disabilities. Assistive listening devices are available upon request. Agendas are available in large print. Materials in alternative formats and/or American Sign Language interpreters will be made available upon request. Please make your request for alternative format or other accommodations to the Office of the Ombudsman and Communication (415) 715-3232 (V); (415) 715-3280 (“TTDY”) at least 72 hours prior to the meeting to help ensure availability.
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The closest accessible BART station is Civic Center, three blocks from City Hall. Accessible MUNI lines serving this location are: #47 Van Ness, #49 Van Ness, #71 Haight/Noriega, #5 Fulton, #21 Hayes, 36 Parnassus, #7 Haight, the F Line to Market and Van Ness and any line serving the Metro Stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call 415-673-6142. There is accessible parking across the street from City Hall at Civic Center Garage as well as across the street from the Federal Building on Larkin.
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Agenda, minutes and attachments are available at www.sfha.org as well as the San Francisco Housing Authority Administrative Office located at 1815 Egbert Avenue, San Francisco, California 94124. If any materials related to an item on this agenda have been distributed to the San Francisco Housing Authority Board of Commission after distribution of the agenda packet, those materials are available for public inspection during normal office hours at the San Francisco Housing Authority at 1815 Egbert Street San Francisco CA 94124
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In order to assist the San Francisco Housing Authority’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the San Francisco Housing Authority accommodate these individuals.
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The use of electronic sound-producing devices at/during public meetings is prohibited. Please be advised that the meeting President may remove any person(s) responsible for the ringing or use of cell phones, pagers and similar sound-producing electronic devices from the meeting room.
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Requests for public comment may be heard on items not on the agenda as well as after staff presentation on any Regular Agenda Item. Speakers at Board meetings are requested, but not required, to identify themselves and fill out cards placed on the table at the entrance door. When the Board considers policy, which has not been considered by a committee, testimony is welcome during the Public Comment portion of the meeting. Testimony is not permitted when an opportunity has been given at a committee hearing for testimony on an item. The public may address the Board for up to two minutes or four minutes for speakers who require an interpreter, or unless otherwise approved by the Board of Commissioners. The President, or the Board, may limit the total testimony to 30 minutes. A speaker may not yield his or her time to another speaker. Board Procedures, do not allow for dialogue between the Board and the public. The Board may not take action on a new proposal, which is not on the agenda.
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---------------------------------------------------------------------------------------------------AGENDA ------------------------------------------------------------------------------------------------------------------------------ORDER OF BUSINESS 1. Call to order and roll call 2. Approval of agenda 3. Public comments on items not on the agenda: limited minutes Note: This portion of the agenda is not intended for debate or discussion with the Commission or staff. Please simply state your business or the matter you wish the Commission or staff to be aware of. It is not appropriate for commissioners to engage in a debate or respond on issues not properly set in a publicly noticed meeting agenda. If you have questions or would like to bring a matter to the Commissions’ attention, please contact the Executive Office of the San Francisco Housing Authority at leey@sfha.org.
4. Secretary’s Report a. b. c. d.
Response to Public Comments Weekend Work Pilot 9916 and 7105 Schedule Informational Presentation: Procedure for Converting SFHA Communities to Non-smoking Update on the 2012 Annual Plan Process
5. Tenant representative report: a. City Wide Council - senior/disabled (“CCSD”) b. Public Housing Tenants Association (“PHTA”) 6.
Regular Business: Public comment will be taken after staff presentation on each agenda item. Speakers are encouraged to complete a comment card. Speakers will be limited to two minutes or four minutes for speakers who require an interpreter.
a. Consent items 1) Approval of Minutes: April 26, 2012 Public Comment b. Action item 1) [Resolution Authorizing the Executive Director to Extend the Memorandum of Understanding between MEA and SFHA until September 30, 2013.] Presented by: Roger Crawford, Special Assistant, Executive Office Public Comment
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2) [Resolution Authorizing the Executive Director to Enter Into a Site Based Wait List Agreement with Tenderloin Neighborhood Development Corporation.] Presented by: Nicole McCray-Dickerson, Acting Director, Housing Choice Voucher Program Public Comment 7. Commissioner’s comment 8. Closed session
None 9. Adjournment
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PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: LIMITED MINUTES Note: This portion of the agenda is not intended for debate or discussion with the Commission or staff. Please simply state your business or the matter you wish the Commission or staff to be aware of. It is not appropriate for commissioners to engage in a debate or respond on issues not properly set in a publicly noticed meeting agenda. If you have questions or would like to bring a matter to the Commissions’ attention, please contact the Executive Office of the San Francisco Housing Authority at leey@sfha.org.
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SECRETARY’S REPORT a. b. c. d.
Response to Public Comments Weekend Work Pilot 9916 and 7105 Schedule Informational Presentation: Procedure for Converting SFHA Communities to Non-smoking Update on the 2012 Annual Plan Process
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EDW IN M. LEE, MAYOR SAN FRANCISCO HOUSING AUTHORITY
REV. AMOS C. BROW N, PRESIDENT
SAN FRANCISCO HOUSING AUTHORITY Date: Friday, March 30, 2012 To:
Board of Commissioners
From: Henry A. Alvarez III, Executive Director Re:
Responses to Public Comment at Commission Meeting on April 26, 2012
Commenter Helani Ting, resident of Park Merced expressed concern that she does not think her utility bills are calculated correctly because of shared utility meters at Park Merced. Staff Response: Park Merced uses a common practice of determining rates for billing tenants for utilities based on the size of the unit and/or the number of occupants in a unit. Information regarding how utilities are to be billed is contained in the lease agreement that Ms. Ting signed when she moved into Park Merced. If Ms. Ting disputes the rate she is being charged for utilities she can bring this to the attention of Park Merced. Commenter James Mc Nealey, resident at 1750 Mc Allister, expressed concern that his neighbor is engaging in illegal activity within the unit. Additionally, Mr. Mc Nealey stated that he did not have hot water in his unit. Staff Response: In response to his complaints, the Authority offered Mr. Mc Nealey a transfer to a new unit, which he refused. Additionally, SFHA staff is working with the San Francisco Police Department to address Mr. Mc Nealey’s concerns regarding alleged illegal activity in the neighbor’s unit. Furthermore, the SFHA recently repaired the water heater system to avoid the problem of inconsistent delivery of hot water in the building.
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AGENDA SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category:
Informational: Executive Office
Agenda Title:
Procedure for Converting SFHA Communities to Non-Smoking
Presented By:
Roger Crawford, Special Assistant to the Executive Director
SUMMARY: Pursuant to the Commission’s request, the following is a brief overview of the laws and policies that encourage entities like the Housing Authority to adopt non-smoking policies. Also included in the discussion is an overview as to how the SFHA could adopt such a policy within its communities. A. Laws and Policies The Federal, State and Local government have all encouraged owners of Multi Unit Housing Complex’s to adopt smoke free policy. 1.
U.S. Department of Housing and Urban Development
On July 17, 2009 the U.S. Department of Housing and Urban Development Issued PIH -200921(HA) regarding non-smoking policies in public housing. The notice “strongly encourages Public Housing Authorities (PHAs) to implement non-smoking policies in some or all of their public housing units.” (Cross Reference 24 CFR 903.7(b)(3); 24 CFR 903.7(e)(1)). Attachments: None Copies of any attached documents are available at the clerk’s desk. DEPARTMENTS REQUESTED ACTION: None. EXECUTIVE DIRECTOR’S RECOMMENDATION: None.
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Non-Smoking May 10, 2012 Page 2
Because environmental Tobacco Smoke (ETS) can migrate between units in multifamily housing, causing respiratory illness, heart disease, cancer, and other adverse health effects in neighboring families, the Department of Housing and Urban Development is encouraging PHAs to adopt non-smoking policies. (See attachment I.)
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California Civil Code section 1947.5
“A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as defined in Section 104556 of the Health and Safety Code, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with this article.” Note: The lease must include a provision that specifies the areas on the property where smoking is prohibited. 3.
San Francisco Local Ordinance
Applicable Law: 1009.22(f), (i)
San Francisco Health Code, Article 19F, Sections 1009.21(f), (k), (0);
The Department of Public Health encourages Multi-Unit or Multi-Unit Housing Complex (MUHC) to adopt smoke-free buildings. “The intent of the law is to protect residents from exposure to second hand smoke in order to save lives. Smoke free housing policies are the best protection and will save lives. Such policies simply require that smokers go outside to smoke. They do not prohibit smokers from living in a unit. DPH strongly recommends that MUHC’s that have adopted smoke free policies continue to enforce those policies through lease/occupancy agreements and/or home owner’s covenants, conditions and restrictions. There is no constitutional right to smoke; as smoking is not protected under the Civil Rights Act of 1964 or any other Housing and Urban Development-enforced civil rights authorities.”
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Non-Smoking May 10, 2012 Page 3
Thus, based on these laws and policies, if the SFHA were to adopt a non-smoking policy, it would be well within local, state and federal recommendations. B. Implementation PHA Plans: PHAs opting to implement a non-smoking policy should update their PHA plans. According to 24 CFR 903.7(e), their plan must include their statement of operation and management and the rules and standards that will apply to their projects when the PHA implements their non-smoking policy. PHAs are encouraged to revise their lease agreements to include the non-smoking provisions. If PHAs institute non-smoking policies, they should ensure that there is consistent application among all projects and buildings in their housing inventory in which non-smoking policies are being implemented. The SFHA is currently going through its annual plan process and can adopt new policies and amend its lease through this process (See attachment II). Lease Amendments: The Housing Authority could also amend its lease outside of the annual plan process to enforce a non-smoking policy in individual units. There is typically a 90-120 day notice and public comment period for any amendments to the lease. (See attachment III.)
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ATTACHMENT I PIH -2009-21(HA) Non-Smoking Policies in Public Housing
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ATTACHMENT II Portland, Oregon No Smoking Informational Page
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ATTACHMENT III Boston Housing Authority Lease Addendum
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TENANT REPRESENTATIVE REPORT: a. b.
City Wide Council - Senior/Disabled (“CCSD”) Public Housing Tenants Association (“PHTA”)
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REGULAR BUSINESS AGENDA: Public comment will be taken after staff presentation on each agenda item. Speakers are encouraged to complete a comment card. Speakers will be limited to two minutes or four minutes for speakers who require an interpreter. Board Procedures, do not allow for dialogue between the Board and the public.
a. Consent items 1)
Approval of Minutes: April 26, 2012 Public Comment
b. Action item 1)
[Resolution Authorizing the Executive Director to Extend the Memorandum of Understanding between MEA and SFHA until September 30, 2013.] Presented by: Roger Crawford, Special Assistant, Executive Office
2)
[Resolution Authorizing the Executive Director to Enter Into a Site Based Wait List Agreement with Tenderloin Neighborhood Development Corporation.] Presented by: Nicole McCray-Dickerson, Acting Director, Housing Choice Voucher Program
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MINUTES SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING April 26, 2012
SCHEDULED: 4:00 p.m. at 440 Turk Street, San Francisco, CA 94102 COMMISSIONERS PRESENT: Rev. Amos C. Brown, Chair Mirian Saez, Vice Chair Matthew Schwartz, Commissioner
COMMISSIONERS ABSENT: Rev. Amos C. Brown, Chair Ahsha Safai, Commissioner
Dorothy Smith, Commissioner Micah Allen, Commissioner Dr. Veronica Hunnicutt, Commissioner arr: 4:14 Item 1:
Meeting called to order President Rev. Amos Brown called meeting to order at 4:03pm
Item 2:
Approval of Agenda
Motion:
Commissioner Allen: Commissioner Schwartz: Vote:
Item 3:
Public Comments on items not on the agenda
Motioned to approve agenda Seconded motion All approved
Helani Ting, resident at Park Merced, requested clarification on how the utilities are being charged since there are shared meters for all residents. James McNealey, resident of 1750 McAllister, requested assistance with his neighbor in unit number 207 whom he believes has a crack house. Further, Mr. McNealey needs assistance in getting his hot water running again. Item 4:
Secretary’s Report Rose Dennis, Case Management Analyst, provided the Board with an overview of the Sunnydale election process, which will begin in June of 2012. President Brown asked what types of outreach the Housing Authority is partaking in to assure that residents are aware of the process. 26
Ms. Dennis responded that various resources have been allotted for outreach efforts including dialogue and clarification of the process directly with the residents. Ms. Dennis invited the Board to be involved as well. Commissioner Schwartz requested more information on the monitoring of the elections. Ms. Dennis responded that residents of Sunnydale may be monitors as well as neutral third party monitors who are not residents of Sunnydale and further. Commissioner Allan requested more information on the outreach efforts being conducted by the Housing Authority. Ms. Dennis responded that all residents in Sunnydale will be provided with an invitation to participate in the election process and that the property managers of Sunnydale have also volunteered their time to assist in outreach efforts. Commissioner Allan requested to be involved in the process. President Brown asked the Secretary how involved Commissioners may be in the election process. The Secretary responded that, with the exception of voting, Commissioners may be involved in the process. Commissioner Allan asked if he could be a monitor. The Secretary responded “yes.� Commissioner Schwartz requested clarification in regards to the endorsement of candidates. President Brown commented that the Commissioners should not endorse candidates but expressed interest in being involved to the degree necessary for assurance that residents are participating in the process. Commissioner Schwartz agreed. Linda Martin-Mason, Ombudsman, reported to the Board that all Family Developments would be hosting a DCYF Summer Lunch program or be within two blocks from a Summer Lunch site. Further, Mrs. Martin-Mason informed the Board that the Potrero Resource Center would be the lead agency for Potrero Annex, which is a minor change to the Commission Packet provided. Commissioner Allan asked who would be hired for the sites. Mrs. Martin-Mason responded that the Housing Authority will be hiring approximately 18 summer coordinator positions. Commissioner Allan asked if the Potrero Resources Center will be providing the summer lunch out of their site. Mrs. Martin-Mason responded in the affirmative.
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Linda Martin-Mason, Ombudsman, reported that the suggested preferences have been updated for the Commissioners since the last packet. Moreover, absent comments from the Resident Advisory Board and the public, the preferences may remain the same. Second, notices for the Public Meeting have been sent to all Housing Choice Voucher Participants along with residents of the Conventional Public Housing Program scheduled for May 31, 2012 at the Westbay Conference Center. Secretary Alvarez requested permission from the Board that Bevan Dufty, Director of HOPE, be provided with an opportunity to speak. Mr. Dufty provided an overview to the Commission of the Office of HOPE and their goals. Moreover, Mr. Dufty expressed an interest in continuing to work with the Housing Authority to reduce homelessness in San Francisco. Secretary Alvarez shared that he would be attending a conference with Mr. Dufty and Mayor Lee to preview targeted housing in Seattle as well as visit the Seattle Housing Authority. Item 5:
Tenant Representative Report 1. Citywide Council Senior Disabled (CCSD) Beverly Saba, President of CCSD, reported that CCSD is waiting for the results of the ROSS grant application, waiting to find out which Senior/Disabled property qualify for state of the art computers through the Department of Aging and Adult Services department; waiting for a response from HUD regarding the 666 Ellis Elections; waiting for the joint resolution made by PHTA and CCSD pertaining to maintenance monitoring. 2. Public Housing Tenants Association (PHTA) None
Item 6:
Regular Business A. Consent Items  Minutes o Minutes of regular Board meeting held on April 12, 2012 Public Comment: None
Motion:
Commissioner Hunnicutt: Commissioner Allan: Vote:
Motion for approval Seconded the motion All approved
B. Action Items None
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Item 7:
Commissioners Comments Commissioner Saez requested that the Housing Authority provide the participants of Park Merced an explanation of how meters and individual meter rates be allocated. Further, Commissioner Saez requested that the Housing Authority state, prior to Public Comment that the Commissioners will not engage in dialogue during the Public Comment period. Commissioner Hunnicutt requested a report on the outcome of the May 8, 2012 preference discussion. Commissioner Allan requested that the resident at 1807 25th Street needs maintenance in regards to the electrical sockets in her unit, a broken bedroom door, and a stove that needs to be replaced. Further, Commissioner Allan is requesting that the Housing Authority assist Lynn Daniels by providing him with a unit.
Item 8:
Closed Session The Board decided to enter into settlement discussions for Vivian Neal, pending litigation, Tim Barrow, worker’s compensation, and Fern Hunt, worker’s compensation.
Item 9:
Adjournment by consensus 5:15
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AGENDA SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category:
Action: Executive Office
Agenda Title:
Resolution Authorizing the Executive Director to Enter into a oneyear Contract Extension with the Municipal Executives Association (MEA) From September 30, 2012 until September 30, 2013
Presented By:
Roger Crawford, Special Assistant to the Executive Director.
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SUMMARY: MEA is the labor union that represents the management employees at the SFHA. The MOU between the parties will expire on September 30, 2012. MEA has therefore requested that the Authority extend the contract between the parties until September 30, 2013. The parties have tentatively agreed to this extension. Other than the term, the extension will not result in any changes to the terms and conditions of the existing contract (attachment). [Continued on Page 2] Attachments: I. MOU between the SFHA and MEA Copies of any attached documents are available at the clerk’s desk. DEPARTMENTS REQUESTED ACTION: Staff recommends approval. EXECUTIVE DIRECTOR’S RECOMMENDATION: I concur with the requested action.
Agenda Item No. 1
Date: May 10, 2012
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SFHA-MEA MOU May 10, 2012 Page 2 As outlined below, the SFHA through the most recent negotiations with MEA in 2010, was able to obtain significant concessions from MEA that will result in cost savings to the agency and greater operational efficiency. These concessions will continue through the one-year contract extension into 2013. Some key concessions included:
Wage Freeze: The wage freeze the parties agreed to will continue until September 2013 Acting Pay: Reduced from 7.5% to 5% of an employee’s salary Back Pay: Back pay rewards are reduced to 60 days prior to the filing of any grievance Probationary Period: Increased from 6 months to 12 months. Management Time Off: This is a type of leave provided to MEA employees that will not be paid out in cash at the time of an employee’s separation.
WHO BENEFITS Both the SFHA and MEA employees benefit by having a labor agreement through September 30, 2013, ensuring continuity of service and work performed. BUDGET CONSIDERATIONS The MOU’s key provisions, as noted above, will continue to result in a cost savings to the agency over the term of the agreement.
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ATTACHMENT I Memorandum of Understanding between the San Francisco Housing Authority and the San Francisco Municipal Executives’ Association
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ATTACHMENT II Resolution
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RESOLUTION NO. _________________ DATE ADOPTED: May 10, 2012
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A ONE-YEAR CONTRACT EXTENSION WITH THE MUNICIPAL EXECUTIVES ASSOCIATION (MEA) FROM SEPTEMBER 30, 2012 UNTIL SEPTEMBER 30, 2013 WHEREAS, the San Francisco Housing Authority (“Housing Authority”) and MEA, have tentatively agreed to a one-year extension on issues related to the compensation and certain terms and conditions of employment for unit members, pursuant to Government Code Sections 3500 et seq. (Meyers-Milias-Brown Act). The contract between the parties will now expire on September 30, 2013; and WHEREAS, all costs associated with the execution of the aforementioned Memorandum of Understanding will be cost allocated as appropriate and in accordance with Federal Regulations to the various funding sources of the Housing Authority; NOW THEREFORE, BE IT RESOLVED THAT: 1. The Executive Director is hereby authorized to execute a one-year extension of the Memorandum of Understanding between the SFHA and the Municipal Executives Association from October 1, 2012 until September 30, 2013. 2. This Resolution will immediately take effect.
APPROVED AS TO FORM AND LEGALITY: REVIEWED BY: ___________________________________ Timquin Larsen, General Counsel
_______________________________ Rev. Amos Brown, President
Date: ______________________________
Date: __________________________
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AGENDA SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS Agenda Category:
Action-Section 8 Department
Agenda Title:
Resolution Authorizing the Executive Director to Enter Into a Site Based Wait List Agreement with Tenderloin Neighborhood Development Corporation
Presented by:
Nicole McCray Dickerson, Acting Director Section 8
SUMMARY: The Tenderloin Neighborhood Development Corporation (“TNDC”) currently manages 70 Section 8 project based units at the following sites: 1. Dalt Hotel, 34 Turk Street, San Francisco, CA, 2. West Hotel, 141-145 Eddy Street, San Francisco, CA TNDC approached the San Francisco Housing Authority (“SFHA”) with a proposal to manage site based wait lists for the 70 units. Currently, TNDC has over fifteen units that it cannot lease-up from the SFHA’s wait list. The single room occupancy (“SRO”) list managed by the SFHA does not have any more referrals for TNDC. To expedite TNDC’s need to lease space at their sites SFHA staff is seeking, through an MOU, to allow TNDC to manage its own site based wait list. [Continued on Page 2] Attachment:
I.
Proposed MOU between the San Francisco Housing Authority and the Tenderloin Neighborhood Development Corporation
II. Resolution Copies of any attached documents are available at the clerk’s desk. DEPARTMENTS REQUESTED ACTION: Staff recommends adoption of this Resolution.
EXECUTIVE DIRECTOR’S RECOMMENDATION: I concur with the requested action.
Agenda Item No. 2 Date: May 10, 2012 55
TNDC Site Based Waiting List May 10, 2012 Page 2 PROCESS: The following steps will be taken in order to implement the site based wait list system: a. Administrative Plan The SFHA will include site based wait lists for TNDC’s properties as part of the annual plan process. The Administrative Plan will be presented to the Board of Commissioners at the end of June. b. Exhaust the Wait List 24 CFR Section 983.251 provides the following: “(2) The PHA may use a separate waiting list for admission to PBV units or may use the same waiting list for both tenant-based assistance and PBV assistance. If the PHA chooses to use a separate waiting list for admission to PBV units, the PHA must offer to place applicants who are listed on the waiting list for tenant-based assistance on the waiting list for PBV assistance.” (Emphasis Added) “(3) The PHA may use separate waiting lists for PBV units in individual projects or buildings (or for sets of such units) or may use a single waiting list for the PHA's whole PBV program.” (Emphasis Added)
Before TNDC can create its own wait list, the SFHA must offer to place applicants who are on its current tenant based wait list the opportunity to be placed on TNDC’s project/site based wait list.1 c. Referrals Once the SFHA has completed the process of offering applicants the opportunity to be placed on TNDC’s site based wait lists, TNDC can then begin the process of creating/adding applicants to its site based list. As units are vacated TNDC will then pull prospective tenants off of their site based list and refer them to the SFHA for screening, i.e. income verification, criminal background check.
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This will help the SFHA in purging its current list of over 11,000 applicants.
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ATTACHMENT I Memorandum of Understanding (“agreement) between the San Francisco Housing Authority (“SFHA”) Tenderloin Neighborhood Development Corporation (“TNDC”) and the property owner (“Owner”)
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MEMORANDUM OF UNDERSTANDING (“AGREEMENT) BETWEEN THE SAN FRANCISCO HOUSING AUTHORITIY (“SFHA”) TENDERLOIN NEIGHBORHOOD DEVELOPMENT CORPORATION (“TNDC”) AND THE PROPERTY OWNER (“OWNER”) THIS AGREEMENT is entered into this ________ day of ______________________, 2012, (“THE EFFECTIVE DATE”) by and between the SFHA, TNDC and the Owner (collectively known as “THE PARTIES”). This AGREEMENT shall be effective from THE EFFECTIVE DATE and shall continue for one year unless terminated as set forth herein. WHEREAS, THE PARTIES are desirous of entering into this AGREEMENT, the details of which are hereinafter described. WHEREAS, THE PARTIES are able and agreeable to entering into such an AGREEMENT based on the terms and conditions hereinafter set forth; and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN, IT IS MUTUALLY AGREED AS FOLLOWS: I.
Management. The TNDC and Owner will administer a site based waiting list for the following property: the Dalt Hotel, 34 Turk Street, San Francisco, CA 94102 (the “Project”). Both TNDC and Owner agree that in the administration of the site based waiting list they will comply with all Applicable Laws (defined below).
II.
Applicable Laws. “Applicable Laws” are defined as the following, to the extent applicable to the administration of a site-based waiting list: The San Francisco Housing Authority Annual Plan for Fiscal Year 2011-12 (“Annual Plan”), as such plan may be amended or updated; the U.S. Housing Act of 1937, the Federal Fair Housing Act and all HUD regulations and other requirements, including any amendments or changes in the law or HUD requirements; and all California fair housing laws, including but not limited to the Unruh Civil Rights Act, and the California Fair Housing Act. The SFHA represents that, other than the Annual Plan, there are no plans subject to HUD approval or agreements with HUD governing the administration of a site-based waiting list.
III.
Insurance. TNDC and Owner both agree to maintain a policy of liability insurance with respect to TNDC and Owner’s waiting list administration. Said policy must contain provisions necessary to cover the SFHA in the event there is an allegation of mismanagement of the site based wait list and to satisfy the indemnity obligations of TNDC and Owner under Section III. The limits of the liability insurance shall not be less than Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate. Both policies shall name the SFHA as additional insured, and shall contain an endorsement that the insurer will not cancel or terminate the insurance without first giving the SFHA thirty (30) days prior written notice. 58
IV.
Indemnity by TNDC and Owner TNDC and Owner shall indemnify, defend and hold harmless the SFHA and its officers, commissioners, managers, members, employees, contractors and agents from and against any and all liabilities, costs or expenses, including attorney fees (collectively, “Claims”), arising from: i.
Any breach or alleged breach by TNDC or Owner of any provision of this Agreement, including but not limited to Section I, Management.
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Such indemnity obligation shall not apply to the extent that any Claims result from the negligence or misconduct of the SFHA and its officers, managers, members, employees, contractors or agents, or by any breach of this Agreement by SFHA.
V.
Indemnity by SFHA. The SFHA shall indemnify, defend and hold harmless TNDC, the Owner and their respective officers, employees, contractors and agents from and against any and all Claims arising from any misrepresentation, breach or alleged breach by SFHA of any provision of this Agreement. Such indemnity obligation shall not apply to the extent that any Claims result from the negligence or misconduct of TNDC, the Owner, or any of their officers, employees, contractors and agents, or by any breach of this Agreement by TNDC or Owner.
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Representations. The SFHA may permit site-based waiting lists only following approval by HUD of the SFHA’s annual plan in accordance with 24 CFR 903.7(b)(2) . The SFHA represents and warrants to the Owner and TNDC that the SFHA has received HUD approval of its annual plan and that it is otherwise authorized to permit a site-based waiting list for the Project under 24 CFR 903.7(b)(2) and 42 U.S.C 1437d(r).
VII.
Entire Agreement. This AGREEMENT is the entire agreement between THE PARTIES concerning its subject matter, supersedes all prior agreements and understandings, whether or not written, and is not intended to confer upon any person other than THE PARTIES any rights or remedies hereunder.
VIII.
Confidentiality. The SFHA and TNDC will maintain complete confidentiality of any confidential or privileged information concerning labor negotiations, employment matters, or services provided to, or received by, the SFHA.
IX.
Termination of Agreement. i. TNDC or the Owner may terminate this AGREEMENT for any reason at least thirty (30) days after providing written notice to the SFHA of such termination.
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ii. The SFHA may terminate this Agreement only if TNDC or Owner is in default under this Agreement and such default is not cured within thirty (30) days after written notice from the SFHA to TNDC and the Owner, or if such default is not capable of being cured within such 30-day period, if the defaulting party does not commence to cure the default within such 30-day period and diligently complete such cure.
X.
Severability. If any part of this AGREEMENT is deemed by a court to be unenforceable, the remainder of the AGREEMENT shall remain be enforceable.
XI.
Notice. All Notices, pursuant to this AGREEMENT, must be mailed to:
SFHA: The Office of General Counsel The San Francisco Housing Authority 1815 Egbert Street San Francisco, CA 94124 TNDC: Tenderloin Neighborhood Development Corporation 201 Eddy Street San Francisco, CA 94102 Attn: Executive Director OWNER: Dalt Hotel, L.P. c/o Tenderloin Neighborhood Development Corporation 201 Eddy Street San Francisco, CA 94102 Attn: Executive Director
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IN WITNESS WHEREOF, this instrument has been duly executed by an authorized representative of each of the parties.
SAN FRANCISCO HOUSING AUTHORITY
TENDERLOIN NEIGHBORHOOD DEVELOPMENT CORPORATION
By: _____________________________ Executive Director
By: __________________________ Executive Director
By: ____________________________ Office of the General Counsel For the SFHA DALT HOTEL, L.P., a Delaware limited partnership By:
Turk Street, Inc., a California nonprofit public benefit corporation, its general partner By:
___________________ Executive Director
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ATTACHMENT II Resolution
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RESOLUTION NO: ______________ ADOPTED: May 10, 2012
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A SITE BASED WAIT LIST AGREEMENT WITH TENDERLOIN NEIGHBORHOOD DEVELOPMENT CORPORATION WHEREAS, 24 CFR Section 983.251 provides the mechanism to create a site based wait list for
Project Based Vouchers; and WHEREAS, the San Francisco Housing Authority and the Tenderloin Neighborhood Community Development Corporation (“TNDC”) wish to execute a memorandum of understanding to allow TNDC to administer site based wait lists at the following properties:
3. Dalt Hotel, 34 Turk Street, San Francisco, CA, 4. West Hotel, 141-145 Eddy Street, San Francisco, CA; and NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE HOUSING AUTHORITY OF THE CITY AND COUNTY OF SAN FRANCISCO THAT:
1. The Executive Director is hereby authorized to enter into a memorandum of understanding between the San Francisco Housing Authority and TNDC to create site based waiting lists at the following properties:
a. Dalt Hotel, 34 Turk Street, San Francisco, CA, b. West Hotel, 141-145 Eddy Street, San Francisco, CA
2. This Resolution shall take effect immediately. APPROVED AS TO FORM AND LEGALITY: REVIEWED BY: ___________________________________ Timquin Larsen, General Counsel
_______________________________ Rev. Amos Brown, President
Date: ______________________________
Date: __________________________
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COMMISSIONER’S COMMENT
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CLOSED SESSION None
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ADJOURNMENT
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