HomeMy WebLinkAboutMinutes - Minutes - Community Development Advisory Commission - Meeting Date: 2/21/2013 MINUTES
CITY OF GLENDALE
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
GLENDALE CITY HALL —ROOM 2-A
5850 W. GLENDALE AVENUE
Thursday,February 21, 2013
6:30 p.m.
MEMBERS PRESENT: Arthur Swander Jr., Vice-Chair
Gina Schmitz
Chuck Jared
Sharon Wixon
John Torres
Cherie Hudson
Randy Miller
Marcellous Sanders
Vickie Loya
Shirley Wong
MEMBERS ABSENT: Matthew Versluis
STAFF PRESENT: Gilbert Lopez, Revitalization Administrator
Rebecca Daniel, Community Action Program
Administrator
Elaine Adamczyk, Community Housing
Administrator
Erin Cullum, Senior Management Assistant
I. Call to Order
Committee-member Loya motioned to call the meeting to order at 6:32 p.m.
Committee-member Jared made the second. The motion passed 10—0.
II. Roll Call
1
Vice-Chair Swander Jr. conducted roll call.
III. Approval of Meeting Minutes—January 9 and 10, 2013
Committee-member Miller motioned to approve the January 9 and 10, 2013
meeting minutes as written. Committee-member Jared made the second.
The motion passed 10—0.
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February 21,2013
Page 2
IV. Business from the Floor
None.
V. Request to Amend Glendale Neighborhood Stabilization Program 3 (NSP 3)
Substantial Amendment for the Fiscal Year (FY) 2010-11 Annual Action Plan
Mr. Lopez noted that in 2010, the city was awarded NSP 3 funding to address the
effects of housing foreclosures in Glendale. The NSP 3 funds were to be used in
very specific areas of Glendale to purchase foreclosed residential properties to
rehabilitate and resell to qualifying families and individuals. Through a formal
Request for Proposal (RFP), Habitat for Humanity Central Arizona was awarded
$1,296,540 to help Glendale mitigate the impact of foreclosures.
Mr. Lopez stated that since the contract was signed, the market has changed and
the availability of foreclosed houses within the existing target areas has decreased
dramatically. In order to continue to mitigate foreclosures and have the greatest
impact, Mr. Lopez presented information regarding a request to expand the
acquisition, rehabilitation and resale target areas for NSP 3 to match those of the
original NSP program, which are covered by zip codes 85301, 85302 and 85303.
Committee-member Miller motioned to expand the acquisition,
rehabilitation and resale target areas for NSP 3 to match those of the original
NSP program, which are covered by zip codes 85301, 85302 and 85303.
Committee-member Jared made the second. The motion passed 10—0.
VI. Community Action Program(CAP) Updates
Ms. Daniel updated the Committee on CAP Office activities for October,
November and December 2012. The information presented includes the
following:
• Direct services funding balances available for crisis programs:
o Low Income Home Energy Assistance Program: $167,785
o Arizona Community Action Association: $41,421
o Temporary Assistance to Needy Families: $28,594
o Emergency Solutions Grant: $99,067
• CAP Appointment Line
o The Appointment Line has been very busy.
o Calls are accepted every other Monday.
o 302 resident calls were accepted on the hotline for October,
November and December.
o 282 households were pre-screened through Education Workshops
for energy conservation.
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February 21,2013
Page 3
o $163,889 in direct service funding was provided to Glendale
residents for utility, rent/mortgage programs during October,
November and December 2012.
• Glendale Family Health and Resource Fair
o On November 17, 2012, the Maricopa Integrated Health System
and CAP coordinated this public event at Glendale Civic Center.
o Many agencies participated. The full list of partners was
distributed to the Committee-members.
o 915 residents attended and 150 residents received free turkeys/food
boxes.
o 1,500 flyers were sent to Glendale residents in promotion of the
event.
• December Agency Collaboration Events
o December 8: Elk's Lodge for CAP Holiday JC Penney Shopping
Event. Twenty low-income children shopped with a $100.00 gift
card and attended a holiday party at the Elk's Lodge.
o December 9: First year of coordination with Glendale Kmart for
CAP Holiday Toy Drive.
o December 14: Agency Collaboration Group to host CAP annual
holiday party. 65 families were adopted and received $100.00
Fry's Grocery cards. Children received backpacks with school
supplies and visited Santa. Each family received lunch, blankets,
towels and snack bags. Fourteen families were adopted for the
holidays by City employees, CAP and Care 1St Health Plan.
• Total funding returned to the Glendale Community for December:
$19,570. This was most likely the best December ever.
Ms. Daniel announced that the CAP office is moving back to City Hall, which is a
very convenient location for residents.
Ms. Daniel was thanked for her hard work, dedication to Glendale residents and
presentation.
VII. Review of the Agency Plan for Fiscal Year(FY) 2013
Ms. Adamczyk reviewed the changes to the 2013 Community Housing Division
(CHD) Agency Plan, which includes the Section 8 Administrative Plan, the
Admissions and Continued Occupancy Policy, the Capital Fund and Annual Plan.
Ms. Adamczyk stated that the Agency Plan and its annual update are required by
the U.S. Department of Housing and Urban Development.
Ms. Adamczyk commented that the 2013 Agency Plan consists of the Annual
Plan, which gives the basic information about the Section 8 Housing Choice
Voucher and Conventional Public Housing rental assistance programs as
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February 21,2013
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administered in Glendale, the Public Housing Capital Improvement Fund Five-
Year Action Plan, program policy documents, including the Public Housing
Admissions and Continued Occupancy Policy (ACOP), the Section 8
Administrative Plan, and the Violence Against Women Act Addendum to the FY
2013 Agency Plan.
Ms. Adamczyk discussed the updates as follows.
BOTH PROGRAMS
1. Domestic Violence, Dating Violence, Sexual Assault, or Stalking (Violence
Against Women Act(VAWA)),24-Hour Notice
-Conventional Public Housing Continued Admissions and Occupancy Policy—
Section 21.3.F.
- Section 8 Administrative Plan—
Section 16.3.F.
-Violence Against Women Act Addendum to FY 2013 PHA Plan
Summary: To act in accordance with the Violence Against Women Act, Glendale
Housing will review and take into consideration all circumstances to remove a
person from the household. If warranted, CHD will issue a 24-hour notice of
removal/trespassing (trespassing is Public Housing only), if allowed by court
action or upon law enforcement advice/guidance.
2. Records Retention -HUD Verification Data
- Conventional Public Housing Continued Admissions and Occupancy Policy—
12.1.C., Records Retention
- Section 8 Administrative Plan—
10.1.C, Records Retention
Summary: HUD requires all participant records accessed through the HUD
Enterprise Income Verification (EIV) system to be maintained for a period of at
least three years from the effective date of the action. Once the data has served its
purpose, it must be destroyed by either burning or shredding the data. In order to
be consistent with CHD policy,to maintain four years of participant file data after
the close/termination date, EIV records for participant family actions will be
maintained and destroyed according to the same schedule.
3. Taking Applications
- Conventional Public Housing Continued Admissions and Occupancy Policy—
Section 7.0, Taking Applications
- Section 8 Administrative Plan—
Section 4.2, Taking Applications
Summary: Policy modified from accepting applications from "all families" to
"families meeting the criteria defined in the public notice." HUD program rules
allow housing authorities to open the application process for families meeting
specific criteria.
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February 21,2013
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4. Income Exclusions
- Conventional Public Housing Continued Admissions and Occupancy Policy—
Section 11.2, Income Exclusions
- Section 8 Administrative Plan—
Section 9.3, Income Exclusions
Summary: Program regulations dictate what will and will not be included in
household annual income for purposes of calculating the monthly rental assistance
payment. HUD has modified the list of sources of household income that will not be
included in the calculation of the rental assistance payment.
Program regulations also dictate that Glendale Housing will not provide exclusions
from income in addition to those already provided for by HUD. Modifications are as
follows:
Included in Exclusions-
• Major disaster and emergency assistance received by individuals and families
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act
comparable disaster assistance provided by states, local governments, and disaster
assistance organizations shall not be considered as income or a resource when
determining eligibility or in the calculation of monthly rental assistance.
• The value of benefits to children under the Richard B. Russell National School
Lunch Act and the Child Nutrition Act of 1996 shall not be considered income or
resources for any purpose under any federal or state laws.
• Payments, funds or distributions authorized, established, or directed by the Seneca
Nation Settlement Act of 1990, and none of the income derived therefrom, shall be
used as a basis for denying, or reducing funds under any federal program.
• Payments from any deferred Department of Veterans Affairs disability benefits
that are received in a lump sum amount or in prospective monthly amounts.
• Compensation received by or on behalf of a veteran for service-connected
disability, death, dependency, or indemnity compensation as provided by an
amendment by the Indian Veterans Housing Opportunity Act of 2010.
• A lump sum or a periodic payment received by an individual Indian pursuant to
the Class Action Settlement Agreement in the United States District Court case
entitled Elouise Cobell et al. v. Ken Salazar et al., 816 F.Supp.2d 10 (Oct. 5, 2011
D.D.C.), or for any household member during the one-year period beginning on the
date of receipt, shall not be treated as income for the month during which the amounts
were received, or as a resource.
Removed from exclusions:
• Any allowance paid to a child suffering from spina bifida, who is the child of a
Vietnam veteran.
• Any low-income subsidy received to assist low-income persons in paying for their
Medicare prescription drug program.
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• Income payments from the U. S. Census Bureau defined as employment lasting
no longer than 180 days and not culminating in permanent employment.
• One-time recovery payments generated by the American Recovery and
Reinvestment Act(ARRA).
• Payments received under programs funded in whole or in part under the Job
Training Partnership Act. (The Job Training Partnership Act was replaced by the
Workforce Investment Act,which is included in the exclusions.)
5. Adding Persons to an Assisted Household
- Conventional Public Housing Continued Admissions and Occupancy Policy—
Section 15.6.A., Family Composition Changes
- Section 8 Administrative Plan—
Section 14.4.A., Family Composition Changes
Summary: CHD will not approve the addition of new family or household members
other than by birth, adoption, court-awarded custody, or marriage.
6. Extending Period of Prohibition of Assistance
- Conventional Public Housing Continued Admissions and Occupancy Policy—
Section 8.3.B., Suitability
- Section 8 Administrative Plan—
Section 4.9., Grounds for Denial
Summary: CHD prohibits admission for five years after a disqualifying behavior or
event. This policy change includes extended prohibitions if HUD determines that a
longer period of time is appropriate. For example, if a family is terminated for owing
money, HUD set the prohibition for 10 years, and only if the debt is paid.
SECTION 8 HOUSING CHOICE VOUCHER ONLY
1. Late Fees to Landlord
- Section 8 Administrative Plan—
Section 11.7.D., Distribution of Housing Assistance Payments
Section 12.9.D., Abatement
Summary: CHD will not pay late fees or any other charges when payment is
suspended due to the landlord/owner/manager's failure to comply with a CHD
request within the specified timeframe.
CHD will not pay late fees, or any other charges, resulting from late payments due to
failed HQS inspections.
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February 21,2013
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2. New Owner/Landlord/Manager Program Briefing
- Section 8 Administrative Plan—
Section 11.10.,New Owner Information
Summary: Expands the obligations and responsibilities for new Section 8 property
owners/landlords/managers to attend in person, a landlord briefing, during which
time the program obligations and responsibilities will be reviewed. Failure to comply
with the briefing requirement or with any obligations or responsibilities will be cause
to terminate the contract and offer the family a voucher to move.
3. Inspection Scheduling; Tenant Notice by Landlord
- Section 8 Administrative Plan—
Section 12.0. H-I, Inspection Policies, Housing Quality Standards, and Damages
Section 12.2.A. 5., Owner and Family Responsibility
Summary: Section 12.0. H. - The failing party is ultimately responsible for the
repairs and to ensure CHD can access the unit for the reinspection.
Section 12.0. I & When a unit fails an annual or special inspection resulting from
HQS.
Section 12.2 A.5 & Section 12.9A - deficiencies, it is up to the party responsible for
correcting the deficiencies and to ensure that CHD can access the unit for a
reinspection. For landlord fails and repairs, it is the landlord's responsibility to give
proper notice to the tenant once the reinspection date has been scheduled. For
landlord fails, if, for any reason, CHD is unable to access the unit to conduct the
reinspection, CHD will fail the unit and will proceed with the abatement/contract
termination, and the tenant will be given a voucher to move.
4. Annual and Special Failed Inspections
- Section 8 Administrative Plan—
Section 12.0. J, Inspection Policies, Housing Quality Standards, and Damages
Summary: If a unit fails two consecutive inspections due to HQS violations, CHD
will proceed with abatement and cancellation of the contract for landlord deficiencies,
and the termination of assistance for family deficiencies. If a landlord fails to appear
for a scheduled reinspection. CHD will abate the HAP payment, and only schedule
one more inspection. If the landlord fails to appear a second time, CHD will terminate
the contract and the family will be given a voucher to move.
If the family fails to appear for a scheduled inspection, CHD will only schedule one
more inspection. If the family fails to appear a second time, CHD will consider the
family to have violated a Family Obligation, and their assistance will be terminated.
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5.Annual and Special Failed Inspections
- Section 8 Administrative Plan—
Section 12.0. K, Inspection Policies,Housing Quality Standards, and Damages
Summary: If a unit fails two consecutive inspections due to HQS violations, CHD
will proceed with abatement and canceling the contract for landlord deficiencies, or
the termination of assistance for family deficiencies.
6. Annual and Special Inspections- Time Allowed for Correction of Landlord
Fails
- Section 8 Administrative Plan—
Section 12.2.A.3., Owner Responsibility or HQS
Section 12.7.C.3., Timeframes for Corrections
Summary: Non-emergency repairs by the landlord must be completed within 30
calendar days of the failed inspection. This is consistent with the time allowed
families for non-emergency repairs. Prior policy was 14 calendar days. (Initial
inspections remain at 14 days.)
7. Annual and Special Inspections - Time Allowed for Correction of Landlord
Fails -Extensions
- Section 8 Administrative Plan—
Section 12.7.D, Extensions
Summary: At the sole discretion of CHD, extensions of up to no more than 30
calendar days may be granted to permit a landlord to complete repairs if the landlord
has made a good faith effort to repair. Prior policy was 45 days.
8. Utilities at Initial Inspection -Landlord Responsibilities
- Section 8 Administrative Plan—
Section 12.2.C,Initial Inspection Unit Condition and Utilities
Summary: Unless the tenant is leasing in place, the unit must be vacant at time of the
initial inspection. If the unit is not vacant, the inspection will not be conducted and
the unit will fail.
9. Initial Inspections—Landlord Timeframe for Corrections
- Section 8 Administrative Plan—
Section 12.7.A, Correcting Initial HQS Fail Items
Summary: If the unit fails the initial inspection twice (a no-show is a failed
inspection), CHD will direct the family to select another unit. For initial fails, the
time to repair remains at 14 days.
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February 21,2013
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10.Denial of Request to Lease a Single-Family House With a Hot Tub or Spa
- Section 8 Administrative Plan—
Section 6.6.D.,Approval to Lease a Unit
Section 6.9.L., Eligible/Ineligible Housing
Summary: Previous year's change was related to swimming pools. This change will
include properties with hot tubs or spas. CHD will not approve a lease and will not
pay assistance for a family to rent a unit with a hot tub or spa, operable or not, that is
not a community hot tub or spa. Any hot tub or spa, in-ground or above-ground on
the property, must be removed or permanently filled in with dirt or rock and brought
up to ground level with the surrounding area, in a manner that would prevent any
hazards, and meet all local codes or ordinances.
11. Contract Termination for Failure to Comply
- Section 8 Administrative Plan—
Section 18.2.C.6.f., Termination of Contract
Summary: If the owner fails to provide all documents required, CHD will suspend
the monthly rent subsidy payment, followed by contract cancellation. CHD will
provide a 10-day notice prior to the suspension, which will include the contract
termination date. (The landlord/manager/owner was previously notified during the
inspection process of the required documentation and due date.) CHD will include
that date of contract termination in the suspension notice.
12.Final Payment to Owner
- Section 8 Administrative Plan—
Section 18.2.D., Final HAP to Owner
Summary: When a family is evicted, the Section 8 contract with the landlord
terminates. If the family is evicted, yet refuses to leave causing the landlord to
commence legal proceedings, CHD will continue to pay the monthly assistance, if the
action is not caused by landlord failure to act.
CONVENTIONAL PUBLIC HOUSING PROGRAM ONLY
Pet"Sitting" and Visiting Pets on the Property
- Conventional Public Housing Continued Admissions and Occupancy Policy
Section 18.10, Visiting Pets
Summary: Pets may visit for up to two (2) weeks without CHD approval per lease
period. "Pet sitting" is prohibited for a period longer than two (2) weeks per lease
period. Tenant understands that the Pet Addendum applies to any visiting pet.
Tenants and guests must act as a responsible, humane owner/caretaker of an animal.
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Public Housing Capital Fund Five-Year Plan
-Agency Plan Annual Plan attachment
Summary: The Capital Fund Program Five-Year Action Plan sets out the plan for
public housing capital improvement expenditures for the next five years. The list is a
compilation of planned Capital Fund projects along with the funding amounts
allocated to each project. These allocations can change based on project need, as long
as the total expended does not exceed the total Capital Fund for that year. This 5-Year
Plan uses an estimate of funding for the fiscal year starting July 1, 2013, as that
amount is not known at the time of preparation. Upon receipt of notice of funding, it
will be reflected in the 5-Year Plan.
Declaration of Trust(DOT)
- HUD form separate from Agency Plan packet. This form is not submitted to HUD;
however, it must be current, locally recorded, and available in case of audit.
Summary: All public housing acquired, developed, maintained, or assisted with
funds under the U.S. Housing Act of 1937 must have a U.S. Department of Housing
and Urban Development (HUD) Declaration of Trust recorded against the property
with the local Recorder's Office. The Declaration of Trust is a legal instrument that
grants HUD an interest in public housing properties for 20 years. It automatically
extends HUD's financial interest in the properties by one year, every year that the
city accepts federal capital funds. It also provides public notice that the property must
be operated in accordance with federal public housing rules and requirements,
including the requirement not to convey or otherwise encumber the property unless
expressly authorized by federal law and/or HUD. The filing of the Declaration of
Trust will ensure that the city is in compliance with the Conventional Public Housing
program federal regulations, and enables the city to remain eligible to receive federal
funds for capital improvements, making it possible to maintain the city-owned public
housing rental communities.
AGENCY PLAN TEMPLATE, FORM HUD 50075
PHA Plan Update
-PHA 5-Year and Annual Plan, form HUD 50075
Section 6.0 Revised Plan elements
Summary: The 2013 submittal is an Annual Plan. Section 6.0 of the form HUD
50075 summarizes the changes to the Section 8 Administrative Plan, the Public
Housing Admissions and Continued Occupancy Policy, and the Violence Against
Women Act Addendum to the 2013 Plan. This memorandum includes additional
summary information on all changes to the 2013 Annual Plan. Any changes to
Eligibility, Selection and Admissions Policies, including Deconcentration and Wait
List Procedures; Financial Resources; Rent Determination; Operation and
Management; Grievance Procedures; Designated Housing for Elderly and Disabled
Families; Community Service and Self-Sufficiency; Safety and Crime Prevention;
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February 21,2013
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Pets; Fiscal Year Audit; Asset Management; and Violence Against Women Act
(VAWA)will be included in Section 6.0.
The Fiscal Year Audit results are pending at the time of preparation of this
memorandum. Upon receipt of final results, Section 6.0 will reflect those results with
"none," or listing the findings specific to the Housing programs.
Committee-member Miller motioned to open the public hearing portion of
the meeting for public comments. Committee-member Torres made the
second. The motion passed 10—0.
No public comments were made.
Committee-member Miller motioned to close the public hearing portion of
the meeting for public comments. Committee-member Torres made the
second. The motion passed 10—0.
Committee-member Miller motioned to approve the changes to the 2013
Community Housing Division (CHD) Agency Plan as presented and to
forward the recommendation to City Council. Committee-member Torres
made the second. The motion passed 10—0.
VIII. Committee Comments and Suggestions
None.
IX. Adjournment
Committee-member Miller motioned to adjourn at 7:49 p.m. Committee-
member Torres made the second. The motion passed 10—0.
Respectfully submitted,
Recording Secretary
Denise Kazmierczak