HDC - Minutes 07-09-02NOT OFFICIAL UN71L APPROVED
B1' THE ROSEMEAD HOUSING
DEVELOPMENT CORPORATION
MINUTES OF THE REGULAR MEETING
ROSEMEAD HOUSING DEVELOPMENT CORPORATION
JULY 9, 2002
The Regular Meeting of the Rosemead Housing Development Corporation was called to order by
Vice - President Vasquez at 7:05 p.m. in the Conference Room of City Hall, 8838 E. Valley
Boulevard, Rosemead, California.
The Pledge to the Flag and Invocation were waived as having been completed during the
meeting just adjourned.
ROLL CALL OF OFFICERS:
Present: Directors Clark, Taylor, Imperial, and Vice - President Vasquez and
Absent: President Bruesch - excused
APPROVAL OF MINUTES: None
1. RESOLUTION NO. 2002 -13 CLAIMS AND DEMANDS
The following Resolution was presented to the Rosemead Housing Development
Corporation for adoption:
RESOLUTION NO. 2002 -13
A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT
CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE
SUM OF $119,385.68 AND DEMANDS NO. 1352 THROUGH NO. 1353
MOTION BY DIRECTOR TAYLOR, SECOND BY DIRECTOR IMPERIAL that the
Corporation adopt Resolution No. 2002 -13. Vote resulted:
Aye:
Vasquez, Clark, Imperial, Taylor
No:
None
Absent:
Bruesch
Abstain:
None
The President declared said motion duly carried and so ordered.
2. TENANT SELECTION PROCESS FOR GARVEY SENIOR HOUSING
PROJECT
Director Taylor delivered a prepared statement attached as Exhibit A and incorporated
herein by reference. Mr. Taylor's comments included his belief that the Community
Development Commission has the right to adopt fair guidelines for the tenants that will have
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long term living residences and that the letter received from Goldfarb and Lipman contains many
confusing comments about housing programs. Mr. Taylor stated that a good faith effort should
be made to make U.S. citizenship a requirement for the senior housing project.
Peter Wallin, Commission Attorney, stated that HUD funds are being used for the Garvey
Senior Housing which entails following HUD regulations. Mr. Wallin stated that the Welfare
Reform Act includes qualified aliens and citizens.
Steve Copenhaver, GRC Consultant, stated that there are 20 categories of qualified aliens
and that this is a difficult area to administer.
Director Taylor asked how can this be changed or challenged? Director Taylor stated for
the record that he will make a motion that the senior housing be limited to U.S. citizens or
qualified aliens.
MOTION BY DIRECTOR TAYLOR, SECOND BY DIRECTOR IMPERIAL that the
Garvey Senior Housing be limited to U.S. citizens or qualified aliens. Before vote could result,
more discussion ensued.
Director Imperial stated that this issue should be challenged.
Mr. Copenhaver suggested that the money might be better spent in lobbying Congress for
changes.
Director Taylor stated that there is nothing on the applications now that can even ask a
question about citizenship.
Michelle Kuraner, Levine Management, explained that the application process will entail
processing 200 applications. Ms. Kuraner stated that the applicant is required to have a picture
I.D. and Social Security Card.
Mr. Copenhaver stated that the applicant has to provide documentation that they meet the
minimum income requirements.
Director Taylor called for the question.
Vote resulted:
Aye:
Taylor, Imperial
No:
Clark, Vasquez
Absent:
Bruesch
Abstain:
None
The Motion did not pass
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Director Clark stated that Mayor Bruesch should be present to discuss and vote on this
issue.
Vice - Chairman Vasquez stated that he wants to help Rosemead's long -time citizens, but
is reluctant to vote in favor of this issue.
Director Clark requested that this item be deferred to the next meeting.
3. MATTERS FROM OFFICIALS - None
4. ORAL COMMUNICATIONS FROM THE AUDIENCE ON HOUSING
DEVELOPMENT MATTERS - None
5. ADJOURNMENT
There being no further action at this time, the meeting was adjourned at 7:40 p.m. The
next regular meeting is scheduled for July 23, 2002, at 7:00 p.m.
Respectfully submitted: APPROVED:
Corporation Secretary
PRESIDENT
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EXHIBIT A
Director Taylor's statement is incorporated herein by reference into the Rosemead
Housing Development Meeting of July 9, 2002.
Prepared statement written by Directory Taylor:
ROSEMEAD HOUSING DEVELOPMENT CORPORATION MEETING
JULY 9, 2002
I believe that the Rosemead Community Development Commission has the right to adopt
fair guidelines for the tenants that will have long term living residences. I also believe
that we have an obligation to provide housing for U.S. citizens. It is not fair or just to
build low income housing for an open international housing program when many citizens
of the United States have a need for low income housing and assistance. Regardless of
any other nation the American system of government needs to provide for its own U.S.
citizens first.
In the letter received from Goldfarb & Lipman there are very many confusing comments
about housing programs. Following are some comments from that letter dated May 14,
2002:
1) pg. 6, "The Personal Responsibility and Work Opportunity Act ( "PRWORA"
also commonly known as "The Welfare Reform Act "), does provide for state and
local governments to bar certain classes of non - citizens from receiving housing
assistance ".
2) pg. 6, "On August 22, 1996, PRWORA became effective. PRWORA
prohibits an alien who is not a "qualified alien" (as defined below) from receiving
any federal, state or local public benefit."
3) pg. 7, "In addition to the Act's prohibition on public benefits to non - qualified
aliens, PRWORA imposes limitations on benefits to qualified aliens. A qualified
alien who enters the United States after the effective date of PRWORA, may not
be eligible for a period of five years beginning on the date of the alien's entry in
the Unites States for most federal meant- tested benefits (e.g., benefits for which
eligibility is based on the income and assets of the potential recipient of the
benefit) ".
4) pg. 7, "The broad definition of "public benefits" likely means that many
subsidized housing programs may now be available only to United States
citizens and qualified aliens. Additionally, agencies, local governments and
housing developers may now be subject to a requirement to include immigrant
verification procedures as a prerequisite to receive housing assistance ".
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5) pg. 7, " PRWORA requires that the Department of Justice ( "DOT') issue
regulations requiring verification for persons applying for a federal public benefit
within eighteen(] 8) months of the adoption of the Act. Proposed regulations were
issued in August 1998. To date no final rule has been issued by the DOJ. HUD
has declined to issue guidance for the implementation of PRWORA until the DOJ
regulations have been issued. In fact, HUD has stated in the issuance of
regulations implementing Section 214 of the Housing and Community
Development Act of 1980 (which limits assistance to unqualified immigrants in
some HUD sponsored programs) that entities responsible for administering HUD
programs should not implement PRWORA until such time as HUD has issued
regulations ".
6) pg. 8, "In September 1998, HCD adopted regulations to implement PRWORA
but they were declared premature by the courts and removed from the books.
HCD apparently will not issue new regulations regarding agency or state assisted
housing"
7) pg. 8, "It appears that the City may implement its own policies concerning
PRWORA and local public benefits. Regulations issued by HUD and HCD could
be useful to the City, but the City would not be bound by the HUD or HCD
regulations ".
8) pg. 9, "Finally, if the Agency decides to move forward in implementing
PRWORA for this particular Development, it will need to obtain County
concurrence because HOME money is also being used to fund the Development.
The County may object to the Agency's implementation of PRWORA due to the
explicit directive it received from HUD to avoid implementation until HUD
publishes its own rules. Indeed, like HCD, if the Agency seeks to implement
PRWORA rules for the Development, the City, the Agency and the County could
find itself liable for premature implementation ".
In reading the above comments, it is obvious that there is much confusion and no
certainty about low - income senior housing guidelines and rules. The issue at hand is not
to deny housing to any person, but to allow the needy senior United States citizens to
have the first right to housing assistance. It is not my intent to adopt or use the
PRWORA Act. My only suggestion is we adopt the guideline that U.S. citizenship be a
requirement. At least until the U.S. Congress and DOJ decide what the rules are to be in
the future.
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