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HomeMy WebLinkAboutHousing Cmsn - 04/08/09�6 TO: FROM: DATE: PALM DESERT REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM RACHELLE KLASSEN, CITY CLERK PATTY LEON, RECORDING SECRETAR MAY 14, 2009 SUBJECT: HOUSING COMMISSION MINUTES Attached is the following Housing Commission Meeting Minutes approved at the Housing Commission meeting held May 13, 2009: ➢ April 8, 2009 Please submit to the Housing Authority Board. Thank you. cc: John Wohlmuth, Executive Director Recei vet/ Fi 1-eA BY HOUSG AUTH 5-0 ON .'vim/ —CDC) VERIFIED BY00- inYin Original on file with City Clerk's Office CITY OF PALM DESERT HOUSING COMMISSION MINUTES APRIL 8, 2009 I. CALL TO ORDER Verna Smith, Housing Commission Chair, convened the meeting at 3:30 p.m. II. ROLL CALL Present: Members Absent: Donna Lewis Verna Smith Wade Tucker Jane Turner Also Present: Richard S. Kelly, Councilmember Liaison Dave Yrigoyen, Director of RDA/Housing Janet Moore, Director of Housing Martin Alvarez, Redevelopment Manager Jessica Gonzales, Management Analyst James Conway, Project Coordinator Patty Leon, Recording Secretary Guest(s): Teresa Vakili, RPM Company Dave Erwin, Best Best and Krieger Leo Sullivan Natalie Russo III. ORAL COMMUNICATIONS IV. CONSENT CALENDAR A. MINUTES of the Regular Housing Commission meeting of March 11, 2009. With a Motion made by Commissioner Tucker and seconded by Commissioner Lewis the minutes of March 11, 2009 were unanimously approved. V. REPORTS AND REMARKS Housing Commission Minutes April 8, 2009 A. COMMISSION REPORTS I. New Legislation Affecting How Legislative Bodies Communicate (SB 1732) A letter from the District Attorney regarding the Brown Act was provided to the Housing Commission as informational. Janet Moore stated that the meeting dates are optional to attend. She noted that the Housing Commission members are required to attend ethics training every two years. A notification is sent by the City Clerk's office of upcoming meeting dates for the training. Mrs. Moore introduced Dave Erwin, City Attorney, present to update the Housing Commission on new changes to the Brown Act. She noted that Mr. Erwin routinely attends committees/commissions to provide updates on the Brown Act and answer any questions. Dave Erwin stated that the Brown Act has been in effect for many years and otherwise known as the Open Meeting Law. He explained the basic regulations regarding public meetings and advised that all meetings of the legislative body shall be open and publicized for which an agenda is posted 72 hours in advance. Closed session meetings have specific exceptions and are typically pertaining to personal and litigation issues as well as real property negotiations. A legislative body is any governing body of a local agency, a City Council, a voting Board, Commissions and Committees appointed by the City Council. He noted that the Brown Act has been recently amended sufficiently to include criminal sanctions for violations of the Brown Act. He reminded the Commission that staff is not part of the legislative body and therefore are not subject to the Brown Act. He stated that he is making the Commission aware of some of the elements so they do not inadvertently do something that would be subject to any sort of sanctions according to the Brown Act. He noted that there are some limited exceptions for putting items on the agenda that arise at a later date and by a 4/5 vote the item may be added to the Agenda for discussion. Mr. Erwin referenced the memo from Best Best and Krieger provided to the Commission and read a section that is now in place: "A majority of the members of the Legislative Body shall not, outside of the meetings authorized by this chapter, use a series of communications of any kind directly or indirectly, discuss, deliberate, or 2 Housing Commission Minutes April 8, 2009 take action on any item of business that is within the subject matter jurisdiction called the Legislative Body." Mr. Erwin explained that if two members of this Commission consisting of seven members, majority is four, engage in a conversation within the subject matter jurisdiction, meaning an item that might require action, but it's not on the agenda, and they each speak to someone else it constitutes a violation of the Brown Act because it has become a meeting. He provided an example of an organization that canceled a trip to a production facility within their jurisdiction matter because there were too many legislative bodies invited. He advised Commission members not to discuss any items within the subject matter jurisdiction while attending City functions. At this time, the legislative body for the City of Palm Desert is not under scrutiny but to be cautious in the event it is. He further noted that if this Commission had any questions or concerns he may be reached at Best Best and Kreiger. Verna Smith asked about Commission members attending tours and grand openings to facilities within the subject matter jurisdiction. Mr. Erwin responded that as long as those functions are posted as an open meeting and open to the public, the Commission is free to discuss any matter related. Jane Turner asked for clarification as to the members of the legislative body. Mr. Erwin reiterated that the Legislative Body is the governing body, City Council, a Commission or Committee Board or other body of the local agency with a permanent or temporary decision making or advisory of the legislative body. Wade Tucker asked if he discussed an agenda item with his wife and his wife decides to communicate the related matter with someone else, would that constitute as a violation of the Brown Act. Mr. Erwin stated that it would not be a violation since she is not part of the legislative body. He reiterated to the members of this Commission to refrain from speaking with one another on matters within the subject matter jurisdiction outside Brown Act meetings. 3 Housing Commission Minutes April 8, 2009 Mrs. Moore stated that staff is taking every precaution with regard to the Brown Act requirements. The agenda and agenda items emailed to commission members will restrict email addresses in the event a member inadvertently "Replies to All" with a question regarding the Agenda which will automatically create a meeting resulting in a violation of the Brown Act. Ms. Turner asked if Commission members are allowed to obtain a list of addresses and phone numbers of members of this Commission. Mrs. Moore stated that the City Clerk had indicated that if the Commission members provided those numbers amongst themselves that would be fine, but typically was not provided by their office. She noted that this request may be revisited with the City Clerk. II. Replacement Housing Plan A draft version of the Replacement Housing Plan for Country Village was provided to the Commission as informational. Janet Moore stated that this plan was developed as a result of the redevelopment of Country Village. Redevelopment Law states that whenever units are destroyed or removed, the Agency is required to create a plan that identifies where replacement units could be built. She referenced the last page of the plan that lists expected locations of replacement units. She noted that some of replacement locations are not in a Project Area which is beneficial to the Agency since affordable housing units outside a Project Area count for only half a unit for inclusionary purposes. Once the Agency identifies units that are to be used as replacement, they cannot count as produced affordable housing since the Agency is replacing existing units. Fifty-six units were deemed affordable at Country Village of which cannot be counted towards housing production. Therefore, the Agency identified existing units, outside a Project Area, to be used as replacement to allow all of the units developed at Country Village's site as production. This item will be forwarded to the Redevelopment Agency Board for approval at their second meeting in April. Mr. Tucker asked about the new concept in terms of two-story buildings on that site. Mrs. Moore mentioned that not all the buildings are designed to be two-story. 4 Housing Commission Minutes April 8, 2009 Martin Alvarez mentioned that he will provide a brief explanation of the new concept during the power point presentation. Jane Turner asked for clarification of existing units. Janet Moore replied that the Agency uses what's called "Banked" units which mean previously existing housing units that meet the requirement from being restricted. Las Serenas is owned by the Agency and deemed affordable which meets the criteria. In the event those units are counted towards our stipulation requirement, they only count for half towards the inclusionary requirement for the Redevelopment Agency because the units are outside a project area. There is a stipulated requirement, Regional Housing Needs Assessment (RHNA) requirement, inclusionary requirement, and replacement requirement. If units are counted in the replacement category they cannot be counted in any of the other categories. Only a certain number of units will be used from Las Serenas as replacement units and will no longer be counted in the other categories. She noted that the Agency used the best option for replacement that would be beneficial to the housing production. She further noted that although the requirements may sound complicated, it's all classified as affordable housing. The only time the requirements are separated is when the Agency reports to the State. Mrs. Moore reported that another possible replacement housing plan will be presented to the Commission for a property being considered at a future date. She noted that the plan does not change the operation of the properties nor does it change the terms of who manages them. B. SUMMARY OF CITY COUNCIL, REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY AGENDA ITEMS AND ACTIONS The summary was reviewed by the Commission. Martin Alvarez reported that a Notice of Completion for Country Village will be presented to the Redevelopment Agency Board for approval at their April 28th meeting. C. MONTLY OCCUPANCY STATUS REPORT RPM WEEKLY ACTIVITY STATISTICS The Commission reviewed the Monthly Occupancy Status Report and Weekly Activity Statistics for February. 5 Housing Commission Minutes April 8, 2009 As a request by a Commission member, a column was added to include totals for Qualified and Non Qualified Traffic. Verna Smith inquired on Falcon Crest status. Janet Moore stated that there is one property at Falcon Crest that has been forwarded to the Redevelopment Agency Board for approval to acquire. She noted that the for -sale wait list is down. There has been some outreach in the City's Brightside with regard to the affordable for -sale program. At this time, the Agency will purchase the property back and look for a qualified buyer based on the terms of the Falcon Crest program. She further stated that there are a few homeowners who have income issues and have contacted the Agency for advice. The Agency has not been notified of any defaults filed for either development. Wade Tucker asked about the financing of the Falcon Crest homes. Mrs. Moore stated there is a combination of financing. There are three loans on each Falcon Crest home to include a first mortgage with either Wells Fargo or Country Wide, a second loan in favor of the Redevelopment Agency, and a third loan by the City for the purpose of down payment assistance. The third loan was awarded to the City of Palm Desert in a form of a grant. It has been a year since the project sold out. There a few homeowners with income issues and possible non-payment of mortgages that have been encouraged to inquire on foreclosure counseling and/or catholic charities. One major problem reported at both Desert Rose and Falcon Crest is the non- payment of Homeowners Association dues. Violation letters are sent to those homeowners who are in default of HOA dues. The Agency receives notifications from the Homeowners Association when homeowners are substantially behind. While it's not the responsibility of the Agency to collect HOA dues, letters are sent to homeowners to remind them of their obligation per their affordable housing agreement. The HOA may file a lien against their property and possibly foreclose; therefore the Agency will do everything in their power to maintain the properties affordable. Teresa Vakili reported on the traffic count stating that most traffic is by telephone calls; One Quail Place is the only property that gets a lot of walk-ins. D. REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT The Commission reviewed the Monthly Occupancy and Average Rent Statement for February. 6 Housing Commission Minutes April 8, 2009 E. REPORT #2 — MONTHLY NET OPERATING INCOME STATEMENTS The Commission reviewed the Monthly Net Operating Income Statements for February. As a request by a Commissioner at a previous meeting, a column that shows a comparison of monthly totals to the previous year was included at the bottom of page 3. Wade Tucker asked for clarification of the numbers in parenthesis. Janet Moore stated that those numbers represent a negative in that category. It is expected that the Housing Authority properties would not be able to fund themselves simply from rents due to the income levels at the properties. However, 20% set aside money derived from tax increments are utilized to offset those negatives. F. HOUSING AUTHORITY PROPERTIES UPDATE The update on the Housing Authority properties was reviewed by the Commission. James Conway summarized the report. Upon request, Mr. Conway provided a brief explanation on the Virginia Graeme Baker Act, stating that the Act requires public pools to install equipment that prevents pool drain entrapment. One recommendation is to split a single drain system into dual drains to reduce the possibility of a drain blockage. Additional safety upgrades include the installation of Intelli Flo (vs + svrs) vacuum release pumps that shut down pumps when blockage takes place on a single drain. New safety drain covers were installed that allow 3" of clearance to prevent hair or other things from getting trapped in the suction area. Mr. Conway also mentioned that the City of Palm Desert's Set To Save program allows residential owners to install these preventive measures in their homes; a savings of several thousand dollars a year. The cost to upgrade the Housing Authority pools was approximately $40,000 of which the Agency received $12,000 back in rebates. The annual savings is considered over $80,000. Wade Tucker inquired if security cameras are installed at the Housing Authority properties, stating several incidents at Las Serenas where outside guests have been seen opening doors and going through garbage cans as well as a recent theft incident in the laundry facility. 7 Housing Commission Minutes April 8, 2009 Janet Moore stated that One Quail Place has security cameras installed. Courtesy patrol inspects the properties as part of their daily routine. The installation of security cameras has been considered but is costly since most of the cameras at One Quail Place have been vandalized. Staff is also discussing this matter with the City Attorney with regard to the issue of privacy since the properties are technically not considered public. Signs are posted at the properties that read "no soliciting", "under surveillance" etc. Mrs. Moore noted that residents are encouraged to report any issues to the property manager since they are familiar with the property. Teresa Vakili stated that with a large complex as Las Serenas where there are a lot of vehicles, it's typical to attract thieves. Tenants are encouraged to report any incident to the property managers. Mr. Conway stated that most of the property managers attend seminars provided by the Sheriffs Crime Free Prevention who have also done several presentations at the properties. G. COUNTRY VILLAGE DEMOLITION PRESENTATION A power -point presentation was provided by Martin Alvarez of Country Village's deconstruction project. Mr. Alvarez reported that although the goal was to divert 75% of construction debris currently over 80% has been diverted from landfills. VI. NEW BUSINESS A. AWARD OF CONTRACT TO ASSOCIATION RESERVES, INC. — REPLACEMENT FUND STUDY Rec: By Minute Motion: Action: Motion was made by Commissioner Turner and seconded by Commissioner Lewis to forward the recommendation to the Housing Authority to authorize staff to negotiate a professional services contract with Association Reserves, Inc. in an amount not to exceed $49,250.00 Janet Moore reviewed the staff report. VII. CONTINUED BUSINESS 8 Housing Commission Minutes April 8, 2009 VIII. INFORMATIONAL ITEMS A. HOUSING AUTHORITY NEWSLETTER Newsletters were provided to the Commission for April. B. AGENCY HOME IMPROVEMENT PROGRAM UPDATE An update on the Home Improvement Program (HIP) was provided to the Commission for review. James Conway summarized the report. IX. NEXT MEETING DATE — May 13, 2009 ADJOURNMENT With members of the Housing Commission concurrence Verna Smith, Housing Commission Chair, adjourned the meeting at 4:43 p.m. 'ti U� Patty Leon, ecording Secretary 9