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 February 23, 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 ............................................................................................................................. 6 TENANT REPRESENTATIVE REPORT: ............................................................................................. 9 REGULAR BUSINESS AGENDA: ......................................................................................................... 10 COMMISSIONER’S COMMENT.......................................................................................................... 49 CLOSED SESSION .................................................................................................................................. 50
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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, February 23, 2012·4:00 p.m. 1.
The San Francisco Housing Authority holds its meetings at 440 Turk Street, San Francisco, California 94102.
2.
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.
3.
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.
4.
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
5.
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.
6.
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.
7.
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. 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. Response to Public Comments
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: February 9, 2012 Meeting Public Comment b. Action item 1) [Informational Presentation: Update on Potential Project Based Voucher Conversion at Four Properties.] Presented by Barbara Smith, , Housing Development and Modernization Public Comment 2) [Results of Operations for the Period Ended December 31, 2011.] Presented by Virgilio Chua, Finance Manager, Finance Department Public Comment
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3) [Authorization Requested for Recommendation Pertaining to The Brown Act and Time Limitations for Public Comment.] Presented by Tim Larsen, Office of the General Counsel, General Counsel
7. Commissioner’s comment 8. Closed session Public Comment
A closed session will be held pursuant to Government Code section 54956.9 to receive advice from legal counsel on matters pertaining to settlement of Workers Compensation Claims for: Deborah Burl-Scott – (Property Manager) Nikolao Ufau – (Laborer) Barry Hazen- (Steamfitter) and Roberto Lechuga (Custodian) 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
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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, February 17, 2012 To:
Board of Commissioners
From: Henry A. Alvarez III, Executive Director Re:
Responses to Public Comment at Commission Meeting on February 9, 2012
Commenter, Uzuri Pease, resident of Potrero Hill, thanked the staff of the Authority for their attendance at the February 6, 2012 Community Forum and invited staff to attend the May forum. Ms. Pease thanked staff for fixing her leaking sink and the lights outside of Potrero. Ms. Pease further expressed that concerns related to maintenance should be addressed at the property offices. Staff Response: Staff of the Authority will attend the May forum with advance notice of the specified date. As reported to the board on February 9, management of the Authority is in the process of reorganizing the staffing for Public Housing Operations to more effectively address the maintenance and other concerns of SFHA residents as they arise. An anonymous commenter asked who the residents should contact in the case of an emergency after hours. Staff Response: In the event of an emergency requiring medical, fire or police assistance, residents should call 911. In the event of a maintenance problem at their respective development, residents can contact their property office during business hours (8:00am – 5:00pm) or call the City’s 311 service at any time.
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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.
a. Consent items 1) Approval of Minutes: February 9, 2012 Meeting Public Comment b. Action items 1) [Informational Presentation: Update on Project Based Voucher Conversion at Four Properties.] Presented by Barbara Smith, , Housing Development and Modernization Public Comment 2) [Results of Operations for the Period Ended December 31, 2011.] Presented by Virgilio Chua, Finance Manager, Finance Department Public Comment 3) [Authorization Requested for Recommendation Pertaining to The Brown Act and Time Limitations for Public Comment.] Presented by Tim Larsen, Office of the General Counsel, General Counsel Public Comment
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MINUTES SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING February 9, 2012
SCHEDULED: 4:00 p.m. at 440 Turk Street, San Francisco, CA 94102 COMMISSIONERS PRESENT: Mirian Saez, Vice Chair Matthew Schwartz, Commissioner Ahsha Safai, Commissioner Dorothy Smith, Commissioner Micah Allen, Commissioner Dr. Veronica Hunnicutt, Commissioner Item 1:
COMMISSIONERS ABSENT: Rev. Amos C. Brown, Chair
Meeting called to order Vice Chair Mirian Saez called meeting to order at 4:00pm
Item 2:
Approval of Agenda
Motion:
Commissioner Schwartz: Commissioner Hunnicutt: Vote: b.
Moved that Action Item b(1) follow approval of the agenda Seconded motion All approved
Action Item 1) [Informational Presentation: The Brown Act and Time Limitations for Public Comment] Presented by: Tim Larsen, General Counsel, Office of the General Counsel Tim Larsen, General Counsel, made a presentation informing the Commissioners of the Brown Act and how it applies to the Board. Vice Chair Saez asked whether the Commission could follow Robert’s Rules of Order to establish the rules of order of the SFHA Board of Commissioners. Mr. Larsen concurred.
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Commissioner Schwartz asked if the board was in a stronger position that the board has a formally adopted policy of some kind and would it be recommended Mr. Larsen responded that it is his recommendation to formally adopt a policy that would be read at the beginning of each meeting. Commissioner Schwartz asked staff to come back with a recommended policy for adoption at the next Commission Meeting. Vice Chair Saez asked for clarification on the type of policy being requested. Commissioner Schwartz responded that, due to staff’s recommendation, the written policy being requested of staff would state that one speaker may not yield their time to another speaker and that each speaker has a two minute time limit. Vice Chair Saez requested that Mr. Larsen provide his recommendation. Mr. Larsen recommended that the Board adopt a policy pertaining to the yielding of time to be added to the preamble of the meeting so that the public understands what the rules are. Commissioner Allen agreed that for purposes of clarity it would be beneficial to have a written policy with rules concerning speaking Vice Chair Saez confirmed that the Board has rules that are read by the Commission Secretary at every meeting. Vice Chair Saez asked if there were any further recommendations to rules that are read at the meetings. Vice Chair Saez expressed concern of being overly restrictive in providing new policy for a remote incident. Commissioner Hunnicutt asked for staff’s recommendations pertaining to whether a speaker can speak for two minutes and, within the same agenda item, come back a second time to speak for another two minutes after everyone has spoken. Mr. Larsen confirmed that whatever the board decides to do it will be in accordance with the law. Commissioner Smith requested that prohibiting time yielding should be announced in the beginning of the meeting to avoid confusion.
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Commissioner Saez requested staff recommendations on the issues presented. Mr. Larsen confirmed that the two issues are (1) whether a person can yield their time during public comment and (2) whether an individual can speak on the same agenda item a second time. Commissioner Hunnicutt confirmed that the second item is in regards to a speaker speaking on the same issue twice. Commissioner Saez thanked Mr. Larsen for his presentation.. Item 3:
Public Comments on items not on the agenda Commenter, Uzuri Pease, resident of Potrero Hill, stated that she is happy that her sink is fixed and the lights in Potrero have made a positive difference in the neighborhood. Ms. Pease thanked Executive Director Henry A. Alvarez III, Tim Larsen, Renee Scott, Tim Barrow, Miguel Paltao, Florence Cheng, Commissioner Micah Allen and Anthony Ihejeto for attending the first resident forum at Potrero Hill. Ms. Pease invited the board to their next forum in May. Commenter, Rita Lark claimed that she found derogatory information about her mother on the internet and that people should be more mindful of what information should be posted.
Item 4:
Secretary’s Report Henry A. Alvarez III, Secretary, stated that the forum at Potrero was well organized, well attended and appears to have resulted in many concerns resolved. The Secretary also recognized the Recovery Act Grant Award which was awarded by HUD to the San Francisco Housing Authority for being “The most successfully reviewed Recovery Act Program.”
Item 5:
Tenant Representative Report 1. Citywide Council Senior Disabled (CCSD) Beverly Saba, President of CCSD stated that the new board took office February 1, 2012. The secretary position was filled by Randall Glock. Ms. Saba thanked Tim Larsen and Pamela Palpallatoc for working with CCSD to finalize the MOU and various tenant association concerns. Ms. Saba thanked Phyllis Moore-Lewis for listening to the concerns of the CCSD. Ms. Saba also thanked David Rosario and Barbara Smith for offering assistance. Ms. Saba mentioned that all senior disabled buildings need effective security.
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2. Public Housing Tenants Association (PHTA) Joyce Armstrong, President of PHTA, stated that the quarterly meeting tentative schedule has been approved. Ms. Armstrong stated that she and Neola Gans attended a safe action group forum at Potrero hill neighborhood which was well attended and informative. Ms. Armstrong requested that the board continue to separate church and state and not to confuse the two. Further, Ms. Armstrong clarified that comments are not meant to be personal attacks on Henry Alvarez III, but instead, are directed at Mr. Alvarez, who is the Executive Director of the San Francisco Housing Authority. Item 6:
Regular Business A. Consent Items  Minutes o Minutes of regular Board meeting held on January 26, 2012
Motion:
Commissioner Schwartz: Commissioner Allen: Vote:
Moved to accept minutes of January 26, 2012 Seconded the motion All approved
B. Action Items 2. [Informational Presentation: The Reorganization of the Public Housing Operations] Presented by: Roger Crawford, Special Assistant, Executive Office Roger Crawford, Special Assistant to the Executive Director, presented the Commission with the new reorganization of Public Housing, which included one Director for the family sites and another for the Senior/Disabled sites. Each of the two directors would have two area managers. The purpose behind the reorganization is to more effectively resolve resident needs. Commissioner Schwartz recommended that staff checked how other housing authorities handled their staffing and what other ratios reflect. Commissioner Smith asked how this would affect the developments. Mr. Crawford responded that each site would continue to have on site property managers. Commissioner Safai requested more information on the process that the SFHA took when it came to this decision or the alternatives that the SFHA considered. Mr. Crawford responded that by splitting the management duties in this way, one director would not be overwhelmed. Commissioner Hunnicutt asked how the SFHA can afford multiple managers with a tight budget
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Mr. Crawford responded that other adjustments will be made in the budget as far as how and where the spending would take place but there is enough funding for an additional director. Commissioner Allen asked for the area managers to introduce themselves. (All of the area managers introduced themselves.) Commissioner Allen asked where the managers were located. (All of the area managers responded with their locations.) Vice Chair Saez asked how this follows the AMPs organized structure, and for budgetary purposes will the manager’s budget be able to be built up. Mr. Crawford responded that the AMP system will not be changed and that managers are still working on the budget with the assistance of finance Commissioner Schwartz requested that the board be presented with property staffing being recommended and how that will work with the AMP’s. Mr. Crawford responded that this is only the preliminary stage and that it can be brought back to the Commission. Vice Chair Saez recommended communication with residents to avoid any confusion. Public Comment Commenter, Uzuri Pease, resident of Potrero Hill, stated that the work needs to be taken care of at the lower levels before moving up to the higher levels. Commenter, unidentified, asked who the residents can call in an emergency after hours. Mr. Alvarez responded that for emergency medical call 911 and for maintenance after hours call 311.
Item 7:
Commissioners Comments Commissioner Hunnicutt asked how the housing authority is assisting the Department of the Status of Women Linda Martin-Mason, Ombudsman, responded that the preferences will be addressed during the PHA annual plan process which should be a three month process that starts in March. Ms. Martin-Mason explained that the group who wrote the letter has been invited and have come in the past. The group has been meeting for about two years with Ms. Martin-Mason and Tim Larsen. The Secretary provided a summary of the current Preference system. 15
Vice Chair Saez expressed enthusiasm in the work being done to clarify the preference system. Commissioner Safai asked for a more elaborate presentation on the preferences before the annual plan process begins. Commissioner Safai also requested an update on delinquent rent by development Commissioner Allen invited everyone to the YMCA for Healthy Community Day at Martin Luther King Pool At 10:00am on Saturday 2/11/12
Item 8:
Closed Session
Item 9:
Adjournment by consensus 18:15
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AGENDA SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS Agenda Category:
Information- Housing Development & Modernization
Agenda Title:
Update on Project Based Voucher Conversion at Target Properties
Presented By:
Barbara Smith, Housing Development & Modernization Manager
SUMMARY Project Based Voucher Conversion with Tax Credits The San Francisco Housing Authority (SFHA) has been evaluating the conversion of up to four properties from public housing ACC subsidies to Project Based Voucher (PBV) subsidies to finance property improvements. The PBV subsidies are two to three times higher than the current public housing subsidies. When combined with tax credit equity, as currently proposed, over $76 million of capital improvements could be made to the properties for long term quality low-income housing. [Continued on Page 2] Attachments:
I. PBV Conversion Debt Capacity
II. PBV Conversion Planned Construction Work III. Assurances To Public Housing Residents At The Time Of Conversion IV. Section 8 Project Based Cap And Pipeline
A copy of any attached documents are available at the clerk’s desk. DEPARTMENT’S REQUESTED ACTION: None. EXECUTIVE DIRECTOR’S RECOMMENDATION: None. Agenda Item No. 1 Date: February 23, 2012
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PBV Conversion February 23, 2012 Page 2
Residents at three of the four properties with a total of 626 units: Ping Yuen, Ping Yuen North and Rosa Parks support the efforts to secure funds for the rehabilitation work through this process. Since some residents at Clementina Towers are still very uncomfortable with the proposal staff recommends that we delay the process for this site but continue to talk with residents about the benefits. Moving forward with the three properties reduces the total debt capacity by $16.8 million to $59.5 million (see Attachment I). The proposed improvements were identified in SFHA’s Comprehensive Physical Needs Assessment, through maintenance requests and by talking with residents about priority needs. The work items and cost estimates for each of the properties are described in Attachment II. PBV Conversion Process The first step in the process is to take the buildings of the public housing program through HUD approval of a Disposition Application. SFHA will then apply for Tenant Protection Vouchers (TPV) with the intent to convert the properties to PBV subsidies. Moving forward with the disposition process would be subject to getting TPVs and any waivers requested. A developer partner or partners may be solicited to assist with securing the private financing and implementing the improvements. A tax credit partner or partners would be solicited in order to bring in tax credit equity. The buildings would be acquired by a tax credit partnership that would own them for approximately 15 years while they are receiving Low Income Housing Tax Credits. SFHA expects that one of its nonprofit affiliates will be a general partner in the partnership owner. SFHA will continue to own the land and intends to retain control of the development with a ground lease. SFHA also intends to retain some management control through their role as a partner in the tax credit partnership.
Community and Resident Involvement Staff have been meeting with the residents of the properties since last year to discuss rehabilitation needs, funding options and tenant protections after conversion. In addition, staff have been working with the Chinatown Community Development Corporation to help Ping Yuen, Ping Yuen North and Clementina Towers residents better understand the process. Residents have provided input on priority work items and raised many questions about how they would continue to be involved in the process, rent payments, ongoing affordability, rights and benefits, and continuation of tenant associations. In order to respond to tenant questions and address both tenant and tenant advocate concerns, staff have been meeting with the Asian Law Caucus, Bay Area Legal Aid, Housing Rights Committee, and the National Housing Law Project. Working together, we have prepared a draft Project Based Voucher Conversion Assurances to Public Housing Residents at the Time of Conversion (see Attachment II). 18
PBV Conversion February 23, 2012 Page 3
HUD Requirements For Conversion to Public Housing to PBV HUD published Notice PIH 2012-7 on February 2, 2012 providing new guidance on requirements for HUD approval of the disposition of public housing under Section 18 of the U.S. Housing Act of 1937 and its implementing regulations. The new guidance includes more challenging requirements. If applications are in any way incomplete applications, HUD will be reject them and require new applications to be submitted with new resident consultation and Commission resolutions. In addition, HUD will count any PBV subsidies through this process against the HUD 20% Section 8 Budget Authority Cap for Project Based Vouchers. In other words, if SFHA is successful in getting the Disposition Application approved for all three sites and secures 626 Tenant Protection Vouchers (estimated Budget Authority of $9,547,752) when these vouchers are Project Based at the three target properties they will count against the PBV Cap. Twenty percent of the increased Budget Authority or $1,909,550 will increase the Cap but the remaining 80% or $7,638,202 will count against the Cap. If the projects in the Project Based Pipeline go forward, there will be a Cap shortfall of $5,899,064 (see Attachment IV). Legislation is needed to exempt PBV in Conversion, Choice Neighborhoods and HOPE VI projects from the 20% Cap. Another alternative is to submit for just one or two of the sites. Complete Disposition Applications include:
Environmental review - complete Confirmation proposed disposition is in the PHA Plan or amendment - complete Letter of support from elected local government official - pending Resident consultation documentation (attach resident comments & responses – complete Sufficient detail on proposed uses of proceeds from disposition - complete Duration of use restrictions or commensurate public benefits (low income housing) must be for 30 years – use restrictions will be for 55 years or longer Total Development Cost addendum for obsolescence – finalizing Narrative justification under one of the statutory criteria - finalizing o Justification of the approach with full consideration of the alternatives including Rental Assistance Demonstration (RAD) program, Choice Neighborhood grants, public housing mixed-finance rehabilitation, Capital Fund Financing Program, excess Operating Fund reserves and voluntary conversion, to operate, maintain, or reposition public housing units. Must ascertain which, if any, of the sources cited in PIH Notice 2012-7 and in what configuration provide that alternative resources are necessary to
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PBV Conversion February 23, 2012 Page 4
operate, maintain, or reposition the HA’s public housing units. Simply stating public housing Capital and/or Operating Fund resources are insufficient will not be approved. Detailed description of necessary work to improve marketability, usefulness, and management of the project - finalizing Rehabilitation cost estimates that cover near-term needs over the next few years and restore the units to their former condition - complete. Conversion is consistent with goals of SFHA and in best interests of residents, including continuation of lease or same tenant protections - complete.
Tentative Schedule March 2012 days)
Submit application to HUD Special Applications Center (SAC) (90-120
September 2012
SAC approval after HUD Office of Fair Housing and Equal Opportunity (FHEO) (45 days) and Field Office approval. FHEO confirms that the proposed disposition affirmatively furthers fair housing (handicapped accessible units, residents remain in place in gentrifying neighborhood, site and neighborhood standards).
September 2012 October 2012
Submit request for Tenant Protection Vouchers Solicit Developer Partner and Tax Credit Investor Approval of Tenant Protection Vouchers
February 2013
CDLAC/TCAC Bond and Tax Credit Allocations
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ATTACHMENT I
PBV CONVERSION DEBT CAPACITY
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SFHA DEBT CAPACITY ANALYSIS FOR SELECTED PROJECTS Scenario: 100% PBV Prepared by CSG Advisors 1/27/12 TOTAL DOLLARS Clementina Towers 276 unit 0 ACC 276 PBV INCOME ACC Units PBC Units Gross rental income Less loss for overhoused tenants Adjusted gross rental income Total ACC & PBC adjusted gross rental in Less vacancy loss 5% Other income PUPM Total operating income EXPENSES Operating expense assumption PUPY Operating expenses FYI appraisal estimate Extra supportive services 500 PUPY Replacement reserve 300 PUPY Total expenses NET CASH FLOW FOR DEBT DEBT CAPACITY Estimated total debt capacity FYI per unit Less costs of issuance 3% Less EPC bond repayment
Ping Yuen 234 unit 0 ACC 234 PBV
Ping Yuen North 194 unit 0 ACC 194 PBV
Rosa Parks 198 unit 0 ACC 198 PBV
DOLLARS PER UNIT PER MONTH Clementina Ping Ping Yuen Towers Yuen North 276 unit 234 unit 194 unit 0 ACC 0 ACC 0 ACC 276 PBV 276 PBV 276 PBV
Total
Rosa Parks 198 unit 0 ACC 276 PBV
0
0
0
0
0
4,086,803 0 4,086,803
5,521,237 -657,959 4,863,278
3,909,751 -298,762 3,610,989
3,761,542 -136,360 3,625,182
17,279,333 -1,093,081 16,186,252
1,234 0 1,234
1,966 -234 1,732
1,679 -128 1,551
1,583 -57 1,526
4,086,803 -204,340 16560 3,899,023
4,863,278 -243,164 14,040 4,634,154
3,610,989 -180,549 11640% 3,430,556
3,625,182 -181,259 11880 3,455,803
16,186,252 -809,313 54120 15,431,059
1,234 -62 5 1,177
1,732 -87 5 1,650
1,551 -78 5 1,478
1,526 -76 5 1,455
8,000 2,208,000 1,527,354
9,000 1,746,000 1,174,900 97,000 58,200 1,901,200
8,000 1,584,000 1,118,573
82,800 2,290,800
9,000 2,106,000 1,388,952 117,000 70,200 2,293,200
59,400 1,643,400
7,644,000 5,209,779 214,000 270,600 8,128,600
667 461 0 25 692
750 495 42 25 817
750 505 42 25 817
667 471 0 25 692
1,608,223
2,340,954
1,529,356
1,812,403
7,302,459
16,800,000 60,870 -504,000 -3,709,001
24,460,000 104,530 -733,800 -2,339,384
16,100,000 82,990 -483,000 -2,907,716
18,930,000 95,606 -567,900 -1,383,899
76,290,000
485
833
661
-2,288,700 -10,340,000
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763
ATTACHMENT II
PBV CONVERSION PLANNED CONSTRUCTION WORK
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PING YUEN
Debt Capacity: $ 23,720,000 Funded Energy CFFP Work or Upgrade Work PBV Priority Work
Work Description
Install HET Toilets Install Low Flow Showerheads & Faucet Aerators Upgrade Apartment Lighting Install Energy Star Refrigerators Replace Space Heating Boilers Replace Domestic Water Heaters Additional Work (com. area lighting and gas stoves) Install Energy Management Systems New Roofing Balcony Waterproofing Trash Rooms Smoke / Fire Detection System Communication System - Intercom Modernization of four passenger elevators Security Lighting and Survellaince Cameras Convert 2 units to comply with ADA/504 Unit Reflooring Interior Unit Paint Laundry Room Improvements Hot & Cold Water Distribution Switchgear/ Branch Panel and Electrical Improvements Kitchen Cabinet and Range Hood Replacement Wall Surface - Gwb
Other PBV Work
176,448 80,746 127,188 33,272 894,044 349,247 528,197 127,197
Total Planned
150,000 190,000 1,700,000 2,100,000 250,000 4,183,867 1,675,000 2,500,000 1,600,000
176,448 80,746 127,188 33,272 894,044 349,247 528,197 127,197 910,000 908,825 15,000 699,048 82,403 660,000 150,000 190,000 1,700,000 2,100,000 250,000 4,183,867 1,300,000 2,500,000 1,600,000
910,000 908,825 15,000 699,048 82,403 660,000
PING YUEN Totals: Soft Cost Factor (1.2):
2,316,340
3,275,276 655,100
14,348,867 2,869,800
19,565,483 3,913,100
Project Total:
2,316,340
3,930,376
17,218,667
23,478,583
PING YUEN NORTH
Debt Capacity: $ 15,610,000 Funded Energy CFFP Work or Upgrade Work PBV Priority Work
Work Description
Install HET Toilets Install Low Flow Showerheads & Faucet Aerators Upgrade Apartment Lighting Install Cogeneration Systems Install Energy Star Refrigerators Replace Domestic Water Heaters Install Energy Management Systems Trash Compactors Smoke / Fire Detection System Central Vent And Exhaust (11-16 Stories) Modernization of three passenger elevators Security Lighting and Survellaince Cameras Convert 3 units to comply with ADA/504 Laundry Room Improvements Window and Metal Door Replacement Hot & Cold Water Distribution/Plumbing Upgrades Switchgear/ Branch Panel and Electrical Improvements Kitchen Cabinet and Range Hood Replacement
Other PBV Work
139,069 73,795 109,892 537,805 55,454 148,030 38,393
Total Planned
150,000 250,000 50,000 3,175,376 2,951,541 900,000 1,100,000
139,069 73,795 109,892 537,805 55,454 148,030 38,393 45,000 536,044 2,240,164 555,000 150,000 250,000 50,000 3,175,376 2,951,541 900,000 1,100,000
45,000 536,044 2,240,164 555,000
PING YUEN NORTH Totals: Soft Cost Factor (1.2):
1,102,439
3,376,208 675,200
8,576,917 1,715,400
13,055,564 2,611,100
Project Total:
1,102,439
4,051,408
10,292,317
24 15,666,664
ROSA PARKS
Debt Capacity: $ 18,370,000 Funded Energy CFFP Work or Upgrade Work PBV Priority Work
Work Description
Install HET Toilets Install Low Flow Showerheads & Faucet Aerators Upgrade Common Area Lighting Upgrade Apartment Lighting Install Cogeneration Systems Install Energy Star Refrigerators Install Vending Machine Controls Replace Domestic Water Heaters Install Energy Management Systems Hydronic Radiation Upgrades Sanitary Lines (Sewer Replacement Phase Ii) Built-Up, Membrane Or Foam Roof
Other PBV Work
152,756 87,957 109,765 130,151 426,213 34,125 606 120,954 38,393 762,676
152,756 87,957 109,765 130,151 426,213 34,125 606 120,954 38,393 762,676 150,000 328,116
150,000 328,116
Trash Compactors Smoke / Fire Detection System Modernization of three passenger elevators Security Lighting and Survellaince Cameras Exterior Waterproofing and Painting Unit Reflooring Interior Unit Paint Common Areas Improvement Including Social Rooms Laundry Room Improvements Kitchen Cabinet and Range Hood Replacement Hot & Cold Water Distribution - Copper Switchgear/ Branch Panel and Electrical Improvements Plumbing Fixtures
Total Planned
25,800 660,847 555,000 75,000 900,000 1,500,000 1,250,000 250,000 200,000 2,006,994 3,590,108 1,300,000 534,300
25,800 660,847 555,000 75,000 900,000 1,500,000 1,250,000 250,000 200,000 2,006,994 3,590,108 1,300,000 534,300
ROSA PARKS Totals: Soft Cost Factor (1.2):
1,863,596
1,719,763 344,000
11,606,402 2,321,300
15,189,761 3,038,000
Project Total:
1,863,596
2,063,763
13,927,702
18,227,761
CLEMENTINA TOWERS
Debt Capacity: $ 16,300,000 Funded Energy CFFP or PBV Other Upgrade Work Potential Work Potential PBV Work
Work Description
Install HET Toilets Install Low Flow Showerheads & Faucet Aerators Upgrade Common Area Lighting Upgrade Apartment Lighting Install Cogeneration Systems Install Energy Star Refrigerators Install Energy Management Systems Plumbing Fixture Replacement Hot & Cold Water Distribution - Copper Central Vent And Exhaust (11-16 Stories) Modernization of four passenger elevators
237,677 102,908 5,335 46,174 849,316 44,874 47,687 1,620,686
237,677 102,908 5,335 46,174 849,316 44,874 47,687 1,620,686 4,365,040 400,000 760,000
4,365,040 400,000 760,000
Security Lighting and Survellaince Cameras Switchgear/ Branch Panel and Electrical Improvements Balcony Fence and Bird Proofing Kitchen Cabinet and Range Hood Replacement
Total Planned
50,000 3,000,000 250,000 1,710,620
50,000 3,000,000 250,000 1,710,620
CLEMENTINA TOWERS Totals: Soft Cost Factor (1.2):
2,954,657
5,525,040 1,105,000
5,010,620 1,002,100
13,490,317 2,698,100
Project Total:
2,954,657
6,630,040
6,012,720
16,188,417
Grand Total:
8,237,032
16,675,587
47,451,406
25 73,561,424
ATTACHMENT III
DRAFT ASSURANCES TO PUBLIC HOUSING RESIDENTS AT THE TIME OF CONVERSION
26
DRAFT PROJECT BASED VOUCHER CONVERSION ASSURANCES TO PUBLIC HOUSING RESIDENTS AT THE TIME OF THE CONVERSION February 14, 2012 The San Francisco Housing Authority (SFHA) is proposing to convert up to four properties to Project-Based Voucher (PBV) subsidies. These subsidies are two to three times higher than the current public housing subsidies. When combined with tax credit equity an estimated $74 million of capital improvements can be made to the properties. The buildings will be owned by a tax credit partnership for a duration of 15 years to be eligible to receive the tax credit equity. The SFHA expects that one of its nonprofit affiliates will be managing general or a general partner in the partnership (partnership owner). SFHA will continue to own the land and intends to retain control of the development with a ground lease. The SFHA also intends to retain some management control through their role as managing member of the tax credit partnership. Outreach to Residents The SFHA will meet regularly with residents and community members before, during and after the conversion process to guaranty resident and community participation. Discussion at these meetings will include: Efforts that SFHA and the partnership owner will taking to ensure that residents will have the same tenant protections and benefits as they currently do with public housing, to the extent feasible.
Rehabilitation and property improvements that protect the integrity of the buildings, provide a healthy and safe living environment for residents and address improvements identified by residents.
Accommodations for residents during construction, including how much of the work may be accomplished with residents in place.
Development of the management plan.
Opportunities for residents to obtain Tenant-Based Housing Choice Vouchers (TBV).
HUD Subsidies and Resident Payments After Conversion The properties are expected to change from Public Housing to PBV. Tenant share of rents will not change except possibly for the one household with a higher income paying public housing flat rent, or as otherwise required by law. Mixed families with some ineligible non-citizen family members should not have to pay higher rents, because the partnership SFHA affiliate should be able to set contract rents that result in rents not higher than the amount the Mixed Families are paying in the public housing program. Tenant rents will continue to include all utilities and Tenants will not be asked to pay individual utility bills. The properties are currently and will continue to be master metered for utilities. Wheelchair Accessibility and Over-Housed Households Part of the rehabilitation work will include making additional apartments wheelchair accessible to meet both the 5% HUD requirement and needs of existing residents. The partnership owner of the property shall have the right to transfer the tenant and household members in a wheelchair accessible unit to another unit in the same development
27
if another family needs the wheelchair accessible unit and neither the current tenant nor any household member needs those wheelchair accessible features. Property managers will offer vacant wheelchair accessible units first to existing tenants at the property who need wheelchair accessibility and then to waitlist applicants who need wheelchair accessible units. The SFHA will offer over-housed households tenant based vouchers appropriate for their household size rather than PBV. The partnership owner of the property, when it converts, will request contract rents that allow the over-housed households to stay in their current units while paying no more than 30% of adjusted income. (This is subject to HUD approval of a waiver) If an appropriate size unit becomes available at the development, the partnership owner of the property shall have the right to transfer the over-housed tenant and household members to the alternate unit if the size of the unit is no longer appropriate for the household composition. If another family needs a wheelchair accessible unit and there is no available unit without accessibility features for the current family or no right size unit for an over-housed household in the development, the SFHA may assist either tenant to find a unit where the family can use a Tenant Based Voucher. Rights of and Benefits for Residents after Conversion It is intended that public housing tenants in units converted to PBV will have a lease with the same tenant protections as they have as public housing residents to the extent they are not prohibited by the PBV or other laws, regulations, or governmental directives. If a conflict arises regarding the applicable rules, SFHA and the partnership owner will make every effort, including seeking a waiver of any HUD rules, to maintain on an ongoing basis for residents the rights that they had at the time of the conversion. The SFHA does not expect that residents will need to relocate while the buildings are being rehabilitated, but commits to a Right to Return for any residents who do relocate during construction without any additional screening and with the tenant protections provided as described in this document. A tenant who is residing in the development at the time of the conversion will not lose their housing or their housing subsidy as a result of the conversion. The SFHA does not plan to do any more rescreening than is required for income verifications or as otherwise required by law, regulations or other government directives... If there is a conflict between lease or subsidy termination provisions, the parties will review all applicable law including but not limited to Federal, State, and local law to find a resolution that is in the best interest of the parties involved. Before the SFHA can terminate the tenants PBV or Tenant-Based Housing Choice Voucher or partnership owners can terminate tenants’ leases at the former public housing developments, tenants will be offered an opportunity to request a Grievance Hearing pursuant to the SFHA Admissions and Continued Occupancy Policy (ACOP) Grievance Procedures in effect at the time of the conversion. The proposed termination will not be taken until the time for the tenant to use the Grievance Procedure has expired and (if a hearing was timely requested by the tenant) the Grievance Procedure has been completed and a decision has been issued. The SFHA may seek to terminate PBV or TBV assistance for the household and not pursue eviction pursuant to eligibility requirements in the Section 8 Administrative Plan (e.g. over income, no members of the household who are citizens or eligible non-citizens). All other reasons for termination of the PBV or TBV will be addressed in an eviction process. Tenants will be given: (1) 30-day notice stating grounds for termination, right to reply, and right to examine the SFHA relevant documents; and (2) right to request a Grievance Hearing pursuant to the procedures in the ACOP in effect at the time of conversion.
28
The SFHA will not terminate a tenant for failing to meet self-sufficiency requirements that with good cause no longer meets the criteria for a “qualifying family” with a family self-sufficiency contract of participation or other supportive services requirement. The partnership owner of the converted property may seek to evict a tenant only for good cause and by providing a notice of lease termination. The Notice and Grievance Procedures will be governed by the ACOP in effect at the time of conversion. The partnership owner may not evict a tenant for failing to meet self-sufficiency requirements that with good cause, no longer meets the criteria for a “qualifying family” with a family self-sufficiency contract of participation or other supportive services requirement. During the pendency of an eviction action, the housing assistance payments will not terminate until the tenant has been dispossessed through a final judicial determination. Tenant Associations Legitimate resident organizations will be recognized by SFHA and the partnership owner including the Clementina Towers Tenant Association, Rosa Parks Tenant Association and PYRIA (Ping Yuen Residents Improvement Association). Provisions for funding for tenant associations and tenant participation activities will continue in accordance with the Code of Federal Regulations. Supportive Services Some funds will be budgeted at each of the four properties for supportive services. As mixed family and senior developments, the preliminary budget for PY and PYN includes $500 per unit per year for extra supportive services to meet HUD supportive services requirements for family developments. Priority will be given for supportive services in the SFHA Section 8 Administrative Plan and identified by residents through needs assessments. Waitlists, Preferences and Transfer Provisions New applicants will be drawn from the Section 8 waitlist based on the Section 8 Administrative Plan and the Section 8 preferences will apply. Applicants are given an opportunity to designate which preference or priority category they believe they will qualify for and they are encouraged to update their information on file every six months. If the status of an applicant has changed, they may self-certify that they fit into a preference category or categories. Residents residing in the converted properties, at the time of conversion, will have an opportunity to request a Section 8 Tenant Voucher after 12 months of occupancy. Receipt of the voucher depends on availability. There are no provisions in the ACOP at this time for residents to move from a Section 8 PBV site to public housing. Affordability controls after disposition The PBV and Tax Credit funding require the housing to remain affordable to low income families. The SFHA expects to have a 30-year PBV contract with the partnership owner, as described further below. SFHA expects that each property will be subject to a contract with a 15 year initial term and a 15 –year extension agreed to up front, for a total term of 30 years. The SFHA will require owner acceptance of any renewals of rental assistance offered during the 55 year tax credit compliance period and beyond. In addition, SFHA will require in the use restrictions in the event of bankruptcy or foreclosure that any future owner of the property will take subject to the rent assistance contracts and will commit to accept any future rental assistance contracts for the period of the use restrictions.
29
ATTACHMENT 1V
SECTION 8 PROJECT BASED CAP AND PIPELINE
30
Pipeline Project Based Units Vendor Number
# of PBV Units Contract
Estimated Annual HAP Expenses
Owner
Location
Asian Neighborhood Design
Connecticut Street Apartments
2
30,504
California First Management Assoc Chinatown Community Development Center
1825 Mission Street/Vincentian Villa Parkview Terrace Apartments/871 Turk Street
50 38
762,600 579,576
TNDC Delayed
1036 Mission Street
26
396,552
TNDC Delayed
Eddy/Taylor Street Apts. 5th and Howard Family Apts/920-21 Howard and 206 5th St.
32
488,064
TNDC Delayed
Total Unit Pending:
34
518,568
182
2,775,864
125 50 126 97
Estimated Annual HAP Expenses 1,906,500 915,120 1,921,752 1,479,444
398
6,222,816
Future Project Based Units Vendor Number
Owner Hunter View 150 Otis Alice Griffith Alice Griffith
Location 1195 Fairfax Ave. 150 Otis 207 Cameron Way 5800 3rd Street
# of PBV Units Contract
Total Future PBV Units and HAP Amount:
CAP = 20% Current Budget Authority ($119,296,592) plus additional 20% Budget Authority ($5,078,916)
24,875,102
Estimated CY 2012 CURRENT PBV HAP Expenses: Pipeline Project Based HAP Expenses: Future Project Based HAP Expenses: Grand Total of HAP Expenses:
14,137,284 2,775,864 6,222,816 23,135,964
Remaining balance of the 20% CAP:
1,739,138
PBV Additional 626 Tenant Protection Voucher 20% Budget Authority ($9,547,752 x 20%) Total New CAP with PBV Tenant Protection Vouchers PBV Conversion 626 Unit Project Based HAP Expenses Project Based HAP Expense Shortfall
1,909,550 3,648,688 9,547,752 -5,899,064
31
AGENDA SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category:
Report: Executive Director
Agenda Title:
Result of Operation for the Fiscal Year Ended December 31, 2011 Tenant Accounts Receivable (TARs) as of January 31, 2012
Presented by:
Virgilio E. Chua, Accounting Manager, Finance
SUMMARY: The result of operations for the three (3) months ended December 31, 2011 Exhibit (A): Public Housing
($326,827)
HOPE VI
164,742
Section 8
($465,586)
Local Programs
($59,834)
Central Office Cost Center Total
462,188 ($ 225,317)
The overall result of operation for the three (3) months ended December 31, 2011 shows a deficit of $225,317 with the Section 8 program contributing the major portion with a deficit of $465,586 and Public Housing program with a deficit of $326,827. The HOPE VI and the Central Office Cost Center shows a combined net income of $626,930. Attachments: Exhibits I, II, III, IV, V, &VI Copies of any attached documents are available at the clerk’s desk.
DEPARTMENTS REQUESTED ACTION: None. EXECUTIVE DIRECTOR’S RECOMMENDATION: None.
Agenda Item No. 2 Date: February 23, 2012 32
Results of Operations for the Period Ended December 31, 2011 February 23, 2012 Page 2 Although the overall result of operation is a deficit of $225,317 (line 610 – Year to Date Actual), management is working on maximizing the utilization of the Capital Fund Management Improvement subsidy (line 190) of $251,383 which is available to the Public Housing Program. The Section 8 Program is currently showing a deficit of $465,586 (line 610 – Year to Date Actual) which shows an increase from the original budgeted deficit of $256,630 (line 610 – Annual Budget). This deficit is expected to be offset by the $830,000 set-aside fund that we received from HUD and not yet reflected in the current report.
33
Exhibit I Central Office Variance Analysis to Budget
34
35
Exhibit II Public Housing Variance Analysis to Budget
36
37
Exhibit III Hope VI Variance Analysis to Budget
38
39
Exhibit IV Section 8 Variance Analysis to Budget
40
41
Exhibit V All Programs Variance Analysis to Budget
42
43
Exhibit VI Number of Delinquent Accounts
44
45
46
AGENDA SAN FRANCISCO HOUSING AUTHORITY BOARD OF COMMISSIONERS
Agenda Category:
Action Item – Office of the General Counsel
Agenda Title:
Authorization Requested for Recommendation Pertaining to the Brown Act and Time Limitations for Public Comment
Presented By:
Tim Larsen, Office of the General Counsel, General Counsel
SUMMARY:
The purpose of this presentation is to answer the following questions for the Board: I.
Can a member of the public speak on the same topic twice?
II. What recommendations does the Office of the General Counsel have concerning yielding of a speaker’s time?
[Continued on Page 2] Attachments:
None.
A copy of any attached documents are available at the clerk’s desk. DEPARTMENT’S REQUESTED ACTION: None. EXECUTIVE DIRECTOR’S RECOMMENDATION: None. Agenda Item No. 3 Date: February 23, 2012
47
Brown Act and Time Limitation re Public Comment February 23, 2012 Page 2 I.
A Speaker May Not Speak On The Same Topic Twice
The California Brown Act provides the following: “The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of [the public comment requirements are] carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker” (emphasis added). California Government Code § 54954.3(b) The Board’s preamble provides the following: “The public may address the Board for up to two minutes” (emphasis added). It has been the custom of the Board to limit a speaker to two (2) minutes per agenda item. This practice is in accordance with the law. II.
Yielding of Time
Item 7 on the San Francisco Housing Authority Board of Commissioners Meeting Notice and Agenda provides the following: “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.” (emphasis added). If the Board does not want to allow a speaker to yield time, the above language is sufficient. If the Board wishes to add language governing the yielding of time, staff recommends the following language in bold: 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. A speaker may not yield his or her time to another speaker. The President, or the Board, may limit the total testimony to 30 minutes.
48
COMMISSIONER’S COMMENT
49
CLOSED SESSION A closed session will be held pursuant to Government Code section 54956.9 to receive advice from legal counsel on matters pertaining to settlement of Workers Compensation Claims for: Deborah Burl-Scott – (Property Manager) Nikolao Ufau – (Laborer) Barry Hazen- (Steamfitter) and Roberto Lechuga (Custodian)
50
ADJOURNMENT
51