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HomeMy WebLinkAbout07 - CC-7 - Review of Applications to and Appointmen - 7/18/2017COSTA MESA HOUSING AUTHOR/TY AGENDA REPORT MEETING DATE: July 18, 2017 ITEM NUMBER: CC -7 SUBJECT: REVIEW OF APPLICATIONS TO AND APPOINTMENT OF TENANT COMMISSIONERS TO THE HOUSING AUTHORITY BOARD DATE: JULY 6, 2017 PRESENTATION BY: DANIEL BAKER, ASSISTANT TO THE CITY MANAGER CELESTE BRADY, SPECIAL COUNSEL CONTACT: DANIEL BAKER, ASSISTANT TO THE CITY MANAGER 714-754-5156 Daniel. Bake r(d)-costamesaca.gov RECOMMENDATION: Adopt CMHA Resolution Appointing Tenant Commissioners to the Costa Mesa Housing Authority Board BACKGROUND: On January 17, 2012, the City Council established the Costa Mesa Housing Authority ("CMHA") under the California Housing Authorities Law, Health and Safety Code Section 34200, et seq. ("HAL"). And, on February 1, 2012 concurrent with the dissolution of the former Costa Mesa Redevelopment Agency, the CMHA assumed the housing assets and functions of the dissolved redevelopment agency, as the "housing successor", under Division 24, Parts 1.8 and 1.85 of the California Health and Safety Code ("Dissolution Law"). When the CMHA was formed, it did not own any real property and there were no tenants of the housing authority, but the CMHA now owns real property and has tenants of affordable housing located at: (i) 707, 711 W. 18th Street (8 units), (ii) 745 W. 18th Street (3 units), (iii) 717, 721 James Street (8 units), and (iv) 734, 740, 744 James Street (11 units) (together, the "CMHA Properties"). HAL Section 34290 provides that if the members of the city council also serve as the commissioners of the housing authority, then if and when the housing authority owns property and has tenants, the housing authority board will add and appoint two tenants of the authority as "tenant commissioners" of the housing authority. Under the HAL, one tenant commissioner shall be over 62 years of age if the housing authority has tenants over that age, and the other tenant commissioner may be under age 62. ANALYSIS: With the objective to encourage applications from an adult member of the tenant households at the CMHA Properties who wish to be appointed as a tenant commissioner on the Board, over the past several weeks, City staff has undertaken and completed a process that solicited the interest of and accepted applications from the tenant households who reside at the CMHA Properties. This process began on June 1 and continued up to this meeting date, including: (i) mailing letters and an application, written in both English and Spanish, addressed to each occupied apartment unit located within the CMHA Properties, and (ii) posting the letters and form application, in both English and Spanish, in the common mailbox areas of the CMHA Properties, (iii) bilingual City staff and property management staff visited the CMHA Properties to speak with tenants about this process and encouraged tenants to fill out and submit their applications to the City Clerk's office, and (iv) staff from the City Clerk and City Manager's offices have communicated with the tenants, in both English and Spanish, answering their questions and also encouraging their applications to be appointed as a tenant commissioner. Copies of the two applications received, have been presented to the Board for review in connection with this agenda item. Since each applicant, who applied and seek appointment must be a tenant/resident at one of the CMHA Properties, the personal identifiers of applicants, such as specific apartment unit, home telephone number, mobile/cell number, email address, have not been included in this agenda report to protect the privacy of each applicant. The objective of this report is to ask the Board to appoint two tenant commissioners who are each resident tenants at one of the CMHA Properties, both applicants are between the age of 18 to 62. No applications were received for a senior over the age of 62. A CMHA Resolution making the appointments is Attachment 1 to this agenda report. If one or more appointments are made to the Board, then each appointed tenant commissioner shall serve a term of two (2) years, shall be provided a copy of the CMHA Bylaws, and shall serve with all the powers, duties, privileges, and immunities of all other commissioners of the Board under the HAL. FISCAL IMPACT There will be no fiscal impact by the appointment of tenant commissioners to the Board. LEGAL IMPACT There is no adverse legal impact to the appointment of tenant commissioners to the Board. The process to solicit interest, prepare the letters and form of application, and conduct outreach with the tenants of the CMHA Properties was completed by a team that included staff from the City Clerk's and City Manager's offices with guidance and review by special counsel Celeste Brady and the City Attorney. CONCLUSION Staff recommends that the CMHA Board adopt the attached Resolution regarding appointment of tenant commissioners to the Board (Attachment 1). Thomas R. Hatch City Manager/Executive Director Daniel Baker Assistant to the City Manager ATTACHMENT: CMHA Resolution re Appointment of Tenant Commissioners to the Board ATTACHMENT 1 COSTA MESA HOUSING AUTHORITY RESOLUTION NO. 2017 - RESOLUTION OF THE COSTA MESA HOUSING AUTHORITY APPOINTING TENANT COMMISSIONERS TO THE COSTA MESA HOUSING AUTHORITY BOARD UNDER THE HOUSING AUTHORITIES LAW WHEREAS, by resolution on January 17, 2012, the City Council declared the need for a housing authority to function in the City of Costa Mesa ("City") and declared that the members of the City Council are the Commissioners of the Housing Authority so formed ("Board"), all pursuant to the California Housing Authorities Law, commencing with Health & Safety Code Section 34200, et seq. ("HAL"); and WHEREAS, by resolution adopted on January 17, 2012 the Costa Mesa Housing Authority ("CMHA") approved the initial bylaws and thereafter amended such bylaws in April 2012, November 2015 and most recently in June 2017 as set forth in the adopted Amended and Restated Bylaws of the Costa Mesa Housing Authority (2017) ("Bylaws"); and WHEREAS, when the CMHA was formed, it did not own any real property and there were no tenants of the housing authority; and WHEREAS, as the CMHA now owns real property and has tenants of affordable housing located at: (i) 707, 711 W. 18th Street (8 units), (ii) 745 W. 18th Street (3 units), (iii) 717, 721 James Street (8 units), and (iv) 734, 740, 744 James Street (11 units) (together, the "CMHA Properties"), the Board desires to add and appoint two tenant commissioners to the Board; and WHEREAS, the HAL Section 34290 provides that if the members of the city council also serve as the commissioners of the housing authority, then if and when the housing authority owns property and has tenants, the housing authority board will add and appoint two tenants of the authority as "tenant commissioners" of the housing authority; and WHEREAS, under the HAL, one tenant commissioner shall be over 62 years of age if the housing authority has tenants over that age, and the other tenant commissioner may be under age 62; and WHEREAS, on behalf of the CMHA and its Board, City staff have undertaken and completed a process that solicited the interest of and accepted applications from the tenant households who reside at the CMHA Properties; and WHEREAS, this process included informing the adult members of the tenant households at the CMHA Properties about the Board's objective to appoint two tenant commissioners to the Board, which began on June 1 and continued up to this meeting date: (i) mailing letters and an application, written in both English and Spanish, addressed to each occupied apartment unit located within the CMHA Properties, and (ii) posting the letters and form application, in both English and Spanish, in the common mailbox areas of the CMHA Properties, (iii) bilingual City staff and property management staff visiting the CMHA Properties to speak with tenants about this process and to encourage tenants to fill out and submit their applications to the City Clerk's office, and (iv) staff from the City Clerk and City Manager's offices responded to inquiries from and communicated with the tenants, in both English and Spanish, about applying for appointment as a tenant commissioner; and [select one of the following three recitals, and strike the two inapplicable recitals:] (1) WHEREAS, the Board has reviewed the applications submitted by adult members of the tenant households at the CMHA Properties and desires to appoint and add to the Board two tenant commissioners who are each resident tenants at one of the CMHA Properties: (1) Eloise Donaldson (age between 18-62), and (2) Samira Reyes (age between 18-62); and WHEREAS, each of the appointed tenant commissioners shall serve a term of two years, shall follow the Bylaws, and shall enjoy all the powers, duties, privileges, and immunities of all other commissioners of the Board under the HAL. NOW THEREFORE BE IT RESOLVED by the Costa Mesa Housing Authority as follows: Section 1. Pursuant to the HAL Section 34290 the Board appoints the following persons as tenant commissioners: Eloise Donaldson, and Samira Reyes. Section 2. The term of office for each tenant commissioner appointed to the Board is two years from the date of taking the oath of office administered by the Housing Authority Secretary. Section 3. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 18 day of July 2017. ATTEST: Brenda Green, Secretary COSTA MESA HOUSING AUTHORITY, a public body, corporate and politic Katrina Foley, Chair 2 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF COSTA MESA I, Brenda Green, Secretary of the Costa Mesa Housing Authority, do hereby certify that the foregoing Resolution No. 2017-_ was introduced and adopted at a regular meeting of the Housing Authority held on the 18 day of July 2017 by the following vote of the members thereof: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: COSTA MESA HOUSING AUTHORITY Brenda Green, Secretary