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HDC - Minutes 05-14-02NOT OFFICIAL UNTIL APPROVED BY THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION MINUTES OF THE REGULAR MEETING ROSEMEAD HOUSING DEVELOPMENT CORPORATION MAY 14, 2002 The Regular Meeting of the Rosemead Housing Development Corporation was called to order by President Bruesch at 7:00 p.m. in the Conference Room of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag and Invocation were waived has having been completed during the meeting just adjourned. ROLL CALL OF OFFICERS: Present: Directors Clark, Taylor, Imperial, Vice - President Vasquez, and President Bruesch Absent: None APPROVAL OF MINUTES: APRIL 23, 2002'- REGULAR MEETING MOTION BY DIRECTOR IMPERIAL, SECOND BY VICE- PRESIDENT VASQUEZ that the Minutes of the Regular Meeting of April 23, 2002, be approved as submitted. Vote resulted: Aye: Vasgeuz, Clark, Bruesch, Imperial, Taylor No: None Absent: None Abstain: None The President declared said motion duly carried and so ordered. 1. RESOLUTION NO.2002- 08CLAIMS AND DEMANDS The following Resolution was presented to the Rosemead Housing Development Corporation fior adoption: RESOLUTION NO. 2002 -08 A RESOLUTION OF THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $54,648.44 AND DEMANDS NO. 1335 THROUGH NO. 1337 MOTION BY DIRECTOR TAYLOR, SECOND BY DIRECTOR IMPERIAL that the Corporation adopt Resolution No. 2002 -08. Vote resulted: RHDCMIN:5.14-02 Page #1 Aye: Bruesch, Vasquez, Clark, Imperial, Taylor No: None Absent: None Abstain: None The President declared said motion duly carried and so ordered. 2. GARVEY SENIOR HOUSING TENANT QUALIFICATIONS AND SELECTION CRITERIA President Bruesch requested periodic updates on applications that are accepted or rejected and why if rejected. Director Taylor asked about any restrictions on seniors currently residing at Angelus that want to move to Garvey Senior Housing. Steve Copenhaver, GRC & Associates, replied that if a senior is currently living in an assisted unit, they cannot apply. Director Taylor stated that we can make residency requirements but cannot require applicants to be citizens of the United States. Director Imperial asked staff to investigate on how to make the housing program more equitable to all groups of people. Mr. Imperial stated that he does not want to exclude long -time residents of Rosemead. President Bruesch replied that current regulations do not allow for placing any racial guidelines in the application process. Robert Kress, City Attorney, stated that Councilman Imperial wants to assure that the proper outreach to all groups has been made. Mr. Kress stated that a memo will be provided with an update of the efforts undertaken thus far and what is anticipated in the future. Director Taylor requested an update on the Angelus Senior Housing regarding occupancy and turnover rate. Director Imperial replied that perhaps the word is not getting out to the public. Director Clark asked if there have been any legal challenges regarding applicants who are not citizens? Mr. Kress replied that there are a variety of funding sources with regulatory mandates that affect this project. By trying to improve citizen requirements, a successful challenge could make the City liable for damages for the individual who sues, attorney fees, civil rights violations, Attorney General fees and so on. RHDCMIN:5-14-02 Page #2 Director Taylor stated that he is not going to vote for this item tonight and pointed out that after the Angelus project, making U.S. citizenship a requirement was going to be investigated for future housing projects. Mr. Taylor requested information on how many occupants of the Angelus housing are from the trailer parks. Mr. Taylor explained that that is how the Angelus project began. So many seniors were coming to the Council meetings to protest about their living standards. Mr. Copenhaver replied that at that time, the trailer parks were visited and stated that he does not think any of the trailer park residents relocated to Angelus. Director Imperial cautioned the Council that upon voting for this item, that it be done with a clear conscience, and that they have done everything possible to make this project equitable for everyone. Director Clark asked if this fulfills the City low - income housing requirements. Mr. Copenhaver replied that this goes towards the City's goals. Director Clark and President Bruesch asked if it was possible to track reported income and to do a title search to determine if the applicant has recently sold or transferred property to their children. Mr. Copenhaver replied that the majority of the applicants are very low income and there may be a few that have transferred their assets. Mr. Copenhaver added that these people did not have high incomes during their working careers and, therefore, are getting minimum social security payments. Director Taylor asked how many are receiving supplemental social security whereby a non- citizen can obtain a residency status. Mr. Taylor asked what financial records are being asked of the applicants. Michelle Kuraner, Levine Management Company, replied that they can only verify what is provided to them. For example, if they own property, they can ask for title. Ms. Kuraner stated that the applicants that were pre - interviewed had only social security as their source of income, and a few received cash once a month from their children, which would count as income. However, Ms. Kuraner continued, that 99% of the applicants fall far below the 40% requirement. Director Taylor stated that he was under the impression that income tax returns could be legally required and were being asked for. Ms. Kuraner replied that most of the applicants say that they do not file income tax returns. RHDCMIN:5-14-02 Page #3 Mr. Copenhaver added that the majority are below the threshold to file. Mr. Copenhaver stated that they will ask for tax returns if the Council wishes. Director Taylor stated that the Corporation went through this entire subject many times during the Angelus project. Mr. Kress stated that income is verified as best as it can be. If social security is their only income, then the applicant can be asked for a copy of their last check or bank deposit. Director Taylor stated that a governmental agency has a right to view an applicant's income, such as with the City's home loan program. Mr. Kress responded that that can be done. Mr. Tripepi replied that that has been done. However, most of the people on the Angelus fist are so far below the poverty level, they will not have tax returns. Mr. Tripepi continued that the applicants can sign consent forms to ask the IRS for the past two years of their tax returns. Director Imperial stated that an applicant that has only lived in Rosemead for six months is as eligible as a long -time resident that has lived here for 40 plus years. Director Taylor stated that the long -time older residents are being cheated. President Bruesch verified that anyone prior to 2001 are the ones that originally signed up for the Angelus project. Mr. Copenhaver stated that applicant waiting list can treated be on a first -come first - served basis or use a lottery system. Director Taylor stated that he is opposed to the lottery system. It implies collusion or bias. Director Taylor stated the agreed with Director Clark that asking for citizenship requirements should not be given up. Mr. Tripepi replied that requiring proof of citizenship may be subject the City to a lawsuit, of which the City will most likely lose. Director Taylor stated that there is no control now. Director Taylor stated that the State and Federal Legislators will not change anything unless the law is challenged. Mr. Tripepi stated that if that is the wish of the Corporation, then a motion and second is necessary to require proof of citizenship for applicants. RHDCMIN:5.1"2 Page #4 MOTION BY DIRECTOR TAYLOR, SECOND BY DIRECTOR IMPERIAL that proof is citizenship be required of all applicants for Garvey Senior Housing. Vote resulted: Aye: Vasquez, Clark, Bruesch, Imperial, Taylor No: None Absent: None Abstain: None The President declared said motion duly carried and so ordered. Mr. Tripepi stated again that Federal funds may be at risk if the case is lost. Mr. Tripepi added that the applicants will be asked to sign a consent form allowing access to their tax returns. Discussion ensued to table this item to the next meeting pending further information. Director Taylor requested that the same process regarding applicants tax records, etc., be used for Garvey Senior Housing. President Bruesch asked if change of ownership can be searched. Mr. Copenhaver explained that tax assessor's records can be researched for the past 3 years to determine any changes. Director Taylor asked if there is provision whereby a person cannot receive Medi -Cal assistance if they've transferred their assets out within a 3 -year period. Mr. Kress replied that basically that occurs when someone is trying to qualify for Medi- Cal. Director Taylor stated that he wants this same provision included in the Garvey Senior Housing requirements. Mr. Copenhaver concluded that the following will be researched: tax assessor's records for the past 3- years; 2 years of income tax data; and social security income. President Bruesch stated that this is necessary to protect staff from anyone claiming that we are favoring one group over another. It was the consensus of the Corporation to table this item. 3. MATTERS FROM OFFICIALS - None RHDCM1N:5.1"2 Page #5 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 8:00 p.m. The next regular meeting is scheduled for May 28, 2002, at 7:00 p.m. Respectfully submitted: APPROVED: Corporation Secretary PRESIDENT RHDCMIN:5-14-02 Page #6