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Home My WebLink AboutMINUTES - 03122019 - Housing Authority CALENDAR FOR THE BOARD OF COMMISSIONERS BOARD CHAMBERS ROOM 107, COUNTY ADMINISTRATION BUILDING 651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229 JOHN GIOIA, CHAIR CANDACE ANDERSEN, VICE CHAIR DIANE BURGIS KAREN MITCHOFF FEDERAL D. GLOVER FAY NATHANIEL JANNEL GEORGE-ODEN JOSEPH VILLARREAL, EXECUTIVE DIRECTOR, (925) 957-8000 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, WILL BE LIMITED TO TWO (2) MINUTES. The Board Chair may reduce the amount of time allotted per speaker at the beginning of each item or public comment period depending on the number of speakers and the business of the day. Your patience is appreciated. A closed session may be called at the discretion of the Board Chair. Staff reports related to open session items on the agenda are also accessible on line at www.co.contra-costa.ca.us. ANNOTATED AGENDA & MINUTES March 12, 2019 1:00 P.M. Convene and call to order. CONSIDER CONSENT ITEMS: (Items listed as C.1 through C.2 on the following agenda) - Items are subject to removal from the Consent Calendar by request from any Commissioner or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items. DISCUSSION ITEMS D. 1 CONSIDER Consent Items previously removed. There were no items removed for discussion. D. 2 PUBLIC COMMENT (2 Minutes/Speaker) There were no requests to speak at public comment. D.3 CONSIDER adopting PHA Resolution No. 5221 approving the Housing Authority's Fiscal Year 2020 Annual Agency Budget. Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis AYE Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE Commissioner Jannel George-Oden AYE D.4 CONSIDER establishing a new five-step salary range for the position of Executive Director of $173,484.00 - $210,870.88, and approving and authorizing the Chair of the Board of Commissioners and Executive Director Joseph Villarreal to execute an amended Employment Agreement, effective January 1, 2019, to extend the term through December 31, 2023, and authorize a wage increase to $173,484 and other non-monetary changes required by law. Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis ABSENT Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE Commissioner Jannel George-Oden ABSENT D.5 CONSIDER accepting an oral report on the status of the voluntary transfer of the Richmond Housing Authority's housing choice voucher and project-based voucher programs to the Housing Authority of the County of Contra Costa. Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis ABSENT Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE Commissioner Jannel George-Oden ABSENT ADJOURN CONSENT ITEMS: C.1 DENY claim filed by Eboni Green. Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis ABSENT Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE Commissioner Jannel George-Oden ABSENT C.2 ACCEPT report on the relocation status of the families at the Las Deltas public housing development in North Richmond, as recommended by the Housing Authority Executive Director. Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis ABSENT Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE Commissioner Jannel George-Oden ABSENT GENERAL INFORMATION Persons who wish to address the Board of Commissioners should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. All matters listed under CONSENT ITEMS are considered by the Board of Commissioners to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Commission votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Commissioners can be submitted to the office of the Clerk of the Board via mail: Board of Commissioners can be submitted to the office of the Clerk of the Board via mail: Board of Commissioners, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913; or via the County’s web page: www.co.contracosta.ca.us, by clicking “Submit Public Comment” (the last bullet point in the left column under the title “Board of Commissioners.”) The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Applications for personal subscriptions to the monthly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The monthly agenda may also be viewed on the County’s internet Web Page: www.co.contra-costa.ca.us The Closed session agenda is available each month upon request from the Office of the Clerk of the Board, 651 Pine Street, Room 106, Martinez, California, and may also be viewed on the County’s Web Page. AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. RECOMMENDATIONS ADOPT PHA Resolution No. 5221 approving the Housing Authority's Fiscal Year 2020 Annual Agency Budget. BACKGROUND In compliance with the U. S. Department of Housing and Urban Development's (HUD) regulations, the Housing Authority of the County of Contra Costa (HACCC) has prepared its proposed budget for fiscal year (FY) 2020. At present, the federal government's FY 2019 budget is not finalized. The federal fiscal year (FFY) runs from October 1st through September 30th, meaning that HACCC's budget year is bifurcated by two FFYs. Additionally, most of HACCC's programs are funded on a calendar year basis which adds another layer of complexity to budget projections. HACCC's proposed budget is based on current HUD funding advances. Staff will update HACCC's budget as part of the quarterly budget to actual presentations, unless a significant change occurs earlier. Three primary factors impact the funding of a housing authority’s public housing and housing choice voucher (HCV) programs. These factors are the amount of funding allocated to HUD by Congress, the national utilization rate (number of families housed) and the local utilization rate. Congressional funding of HUD sets baseline funding for the Department's programs. For well over a decade HUD has not been fully funded by Congress. As a result, housing authority programs are almost always funded at less than 100% of Action of Board On: 03/12/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Diane Burgis, Commissioner Karen Mitchoff, Commissioner Federal D. Glover, Commissioner Jannel George-Oden, Commissioner Contact: 925-957-8028 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 12, 2019 Joseph Villarreal, Executive Director By: , Deputy cc: D.3 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:March 12, 2019 Contra Costa County Subject:FY 2020 ANNUAL AGENCY BUDGET BACKGROUND (CONT'D) need. Once Congressional funding is known, HUD adjusts the funding provided to housing authorities based on the national utilization rate of each program. Utilization is the number of families under contract at a given time or period. At the national level, if utilization has increased past HUD's budget projections because more families are being housed, then HUD will reduce the money available to each housing authority. If fewer families are being housed nationally, then the money available to each housing authority is increased. At the individual housing authority level proration works in reverse. Within the parameters set by Congressional funding and national utilization, funding for an individual housing authority will rise when local utilization increases and will fall when the number of families housed drops. HUD calculates program funding and utilization retroactively. Final public housing funding in a given calendar year is not usually calculated until November of the same calendar year. Funding for the voucher program is normally adjusted quarterly, with final funding usually calculated by March of the following calendar year. As stated above, housing authorities usually never receive full program funding. Further, there are often significant swings in program funding levels from year-to-year. Over the past seven years, public housing proration levels have been as follows: 2019 90.00% (current HUD advance) 2018 94.74% 2017 93.10% 2016 90.21% 2015 85.36% 2014 88.79% 2013 81.86% During the same period, HCV administrative fee proration levels have been as follows: 2019 80.00% (current HUD advance) 2018 80.00% (for first 3qtrs., final quarter will be determined when HUD's FY19 budget is finalized) 2017 77.51% 2016 83.94% 2015 81.57% 2014 79.77% 2013 69.27% In developing HACCC’s proposed budget, staff used HUD's two year forecasting tool to project Housing Assistance Payments (HAP) for the HCV program. Additionally, staff incorporated the transfer of the Richmond Housing Authority's (RHA) HCV program, effective July 1. 2019. Administrative fees and other revenue items were estimated by utilizing the past three-year's median funding levels. The two primary expenditures, labor and benefits, were computed using projected costs based on the currently approved pay schedule. All other expenditures were computed by augmenting the three-year median funding levels with any planned activities. HACCC’s proposed overall budget is shown below in comparison to last year’s approved budget, along with the projected change in reserve levels. This overview is followed by a breakdown of HACCC’s four major program areas, HCV, Public Housing, State and Local programs and Certificate programs. Each section provides a brief program overview, the projected budget, last year’s approved budget along, the projected change in reserve levels and an explanation of the change from prior year. A more detailed budget is available for viewing at HACCC’s administrative office. Agency Summary 2019-2020 Budget 2018-2019 Budget Change Revenue $183,857,681 $137,181,965 $46,675,716 Operating Expenditures $ 25,957,656 $ 24,314,812 $ 1,642,844 Program Costs, Debt Service & Other Capital Improvements $157,584,008 $113,142,116 $44,471,829 To Reserves $ 316,017 $ (274,963)$ 590,980 As a reminder, almost all reserves are restricted for use within each program. The designation of restricted or unrestricted reserves merely indicates that the funds are obligated for special use within the program (restricted) or that they can be used for any purpose tied to the program (unrestricted). The only exception to this rule is the unrestricted balance within the State and Local Fund. This balance can be used in any of HACCC’s programs. Housing Choice Voucher Overview: The HCV program provides rental assistance to families in the private market. HACCC qualifies families for the program based on income. Eligible families find a home in the private rental market and HACCC provides them with a subsidy via a HAP contract with the property owner. HAP is paid by HACCC directly to the owner. Through its HCV program, HACCC is authorized to provide affordable housing assistance to as many as 8,925 families (this includes 2,004 families from the City of Richmond's HCV program). Due to funding and regulatory restrictions, HACCC is projected to house an average of 8,098 families per month under the proposed budget. HCV Summary 2019-2020 Budget 2018-2019 Budget Change Revenue $158,543,289 $114,086,817 $44,456,472 Expenditures $ 9,137,677 $ 7,073,098 $ 2,064,579 Program Costs, Debt Service & Other Capital Improvements $149,303,339 $107,321,470 $41,981,869 To Reserves $ 102,272 $ (307,751)$ 410,023 Restricted Reserves Unrestricted Reserves Consolidated Reserves Projected 3/31/19 $0 $ 4,977,942 $ 4,977,942 Restricted Reserves Unrestricted Reserves Consolidated Reserves Projected 3/31/19 $ (256,340)$ 12,061,479 $11,805,139 FY 2019 Budget Impact $ (89,058)$ 404,751 $ 315,693 Projected 3/31/20 $ (345,398)$ 12,466,230 $12,120,832 FY 2019 Budget Impact $0 $ 102,272 $ 102,272 Projected to 3/31/20 $0 $ 5,080,214 $ 5,080,214 Explanation of Change: The increase in revenue and program costs are primarily related to the transfer of RHA's HCV program. A projected increase in HAP funding tied to ongoing rent increases for both HACCC's and RHA's HCV program also played a role in the projected increase. Of the $44.5 million increase in revenue, approximately $2.5 million is an increase in HACCC's administrative fees and projected extraordinary administrative fees. As with total revenue, the projected increase in administrative funding is tied to the RHA HCV transfer. Public Housing & Capital Fund Overview: HACCC owns and manages 1,179 public housing units at 16 different sites throughout the County. This number will be reduced during this budget year to 963 units due to the removal of the North Richmond units from the public housing program. Revenue to manage these properties is derived from tenant rents and an operating subsidy received from HUD. Because tenant rents are limited by income, and are significantly less than the operating costs of the properties, HUD provides a subsidy to supplement the shortfall in actual operating costs versus tenant rents. HUD also provides annual Capital Fund grants via formula to approximately 3,300 housing authorities. Capital Fund grants may be used for the development, financing, and modernization of public housing developments as well as for management improvements. Public Housing Summary - All Units 2019-2020 Budget 2018-2019 Budget Change Revenue $12,595,614 $11,867,879 $ 727,735 Expenditures $10,581,167 $11,448,135 ($ 866,968) Program Costs, Debt Service & Other Capital Improvements $ 1,912,519 $ 431,157 $1,481,362 To Reserves $ 101,928 ($ 11,413)$ 113,341 Public Housing by Asset Management Property (Amp) Area 2019-2020 Revenue 2019-2020 Expenditure 2019-2020 Residual/(Loss) AMP-1,Ca001,Ca011,Martinez $ 811,262 $ 757,634 $ 53,628 AMP-2,Ca045a,Ca045b San Pablo $ 1,432,811 $ 1,315,694 $ 117,118 AMP-3,Ca004,Ca008,Ca012 Brentwood, Oakley $ 974,188 $ 1,000,862 $ (26,675) AMP-4,Ca010 Rodeo $ 2,515,151 $ 2,540,883 (25,732) AMP-5,Ca005 Pittsburg $ 1,771,657 $ 1,780,279 $ (8,622) AMP-6,Ca009a,Ca009b North Richmond $ 314,144 $ 209,500 $ 104,644 AMP-7,Ca006 North Richmond $ 104,961 $ 91,276 $ 13,685 AMP-8,Ca002,Ca013 Bay Point $ 419,864 $ 431,350 $ (11,486) AMP-9,Ca003,Ca015 Antioch $ 956,315 $ 1,070,947 $(114,632) Capital Funding All AMPS $ 3,295,261 $ 3,295,261 $ 0 Program Totals $12,595,614 $12,493,685 $ 101,928 Public Housing Reserves Restricted Reserve Balance Unrestricted Reserve Balance Reserve Balance Projected 3/31/19 $0 $1,831,330 $1,831,330 FY 2019 Budget Impact $0 $ 101,928 $ 101,928 Projected to 3/31/20 $0 $1,933,258 $1,933,258 Explanation of Change: The increase in revenue of $727,735 is the result of deferred capital fund items required by HUD to be recognized on a cash basis. The $866,968 reduction in expenditures is primarily a result of the conversion of public housing units in North Richmond. The $1,481,362 increase in program costs and capital improvements is a result of increased grant funding from HUD and carry-over funding from prior periods. Housing Certificate Program Overview: HACCC's Housing Certificate Program is now solely comprised of Shelter-Plus Care certificates. The Shelter-Plus Care Program provides rental assistance for hard-to-serve homeless persons with disabilities in connection with supportive services. HACCC operates the housing and financial portions of the program and the County’s Health, Housing and Homeless Program operates the supportive services and casework portions. Approximately 323 clients are assisted under this program. Certificate Programs Summary 2019-2020 Budget 2018-2019 Budget Change Revenue $6,259,687 $5,164,313 $1,095,374 Expenditures $ 654,163 $ 524,620 $ 129,543 Program Costs, Debt Service & Other Capital Improvements $5,605,201 $4,643,633 $ 961,568 To Reserves $ 323 $ (3,940)$ 4,263 Certificate Programs Reserves Restricted Reserve Bal. Unrestricted Reserve Bal.Reserve Balances Projected 3/31/18 $0 $(8,322)$(8,322) FY 2018 Budget Impact $0 $ 323 $ 323 Projected to 3/31/19 $0 $(7,999)$(7,999) Explanation of Change: The primary changes in the Certificate Program related to revenues and program costs are increases in HAP funding and expenses as rents continue to rise in the region. State and Local Overview: HACCC administers several programs and activities that are either not HUD-funded, or that involve non-restricted HUD funds. HACCC is the managing general partner for two tax credit projects, DeAnza Gardens and Casa Del Rio. Additionally, under HUD's asset management regulations, the State and Local fund receives management fees for administering the public housing and HCV programs. Pension & Other Post-Employment Benefit costs are also reflected in the State and Local fund. State & Local Summary 2019-2020 Budget 2018-2019 Budget Change Revenue $6,459,091 $6,062,956 $396,135 Expenditures $5,584,649 $5,268,959 $315,690 Program Costs, Debt Service & Other Capital Improvements $ 762,950 $ 745,856 $ 17,094 To Reserves $ 111,493 $ 48,141 $ 63,352 State & Local Reserves Restricted Reserve Bal. Unrestricted Reserve Bal.Reserve Balances Projected 3/31/19 $12,115,201 $(10,915,424)$1,199,777 FY 2019 Budget Impact $ (89,058)$ 200,551 $ 111,493 Projected to 3/31/20 $12,026,143 $(10,714,873)$1,311,270 Explanation of Change: The projected changes in revenue are tied to increased management fees as a result of the transfer of RHA's HCV program and planned rent increases at the tax credit properties. The projected increased program costs are all related to the tax credit financed properties, primarily Casa Del Rio which will likely need subsidized until HACCC is able to put project-based vouchers in place there. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners choose not adopt Resolution No. 5221 approving HACCC’s budget for the fiscal year 2019-2020, HACCC will not be in compliance with HUD regulations. Further, HACCC will not be in compliance in fulfilling its financial and programmatic obligations to program participants and property owners, as well as HACCC employees, contractors, and vendors. CLERK'S ADDENDUM AGENDA ATTACHMENTS RES 5221, HUD FORM 52574 MINUTES ATTACHMENTS Signed Resolution 5221 PHA Board Resolution U.S. Department of Housing OMB No. 2577-0026 Approving Operating Budget and Urban Development (exp. 07/31/2019) Office of Public and Indian Housing - Real Estate Assessment Center (PIH-REAC) Previous editions are obsolete form HUD-52574 (04/2013) Public reporting burden for this collection of information is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. This information is required by Section 6(c)(4) of the U.S. Housing Act of 1937. The information is the operating budget for the low-income public housing program and provides a summary of the proposed/budgeted receipts and expenditures, approval of budgeted receipts and expenditures, and justification of certain specified amounts. HUD reviews the information to determine if the operating plan adopted by the public housing agency (PHA) and the amounts are reasonable, and that the PHA is in compliance with procedures prescribed by HUD. Responses are required to obtain benefits. This information does not lend itself to confidentiality. PHA Name: PHA Code: Board Resolution Number: Acting on behalf of the Board of Commissioners of the above-named PHA as its Chairperson, I make the following certifications and agreement to the Department of Housing and Urban Development (HUD) regarding the Board’s approval of (check one or more as applicable): DATE Operating Budget approved by Board resolution on: Operating Budget submitted to HUD, if applicable, on: Operating Budget revision approved by Board resolution on: Operating Budget revision submitted to HUD, if applicable, on: I certify on behalf of the above-named PHA that: 1. All statutory and regulatory requirements have been met; 2. The PHA has sufficient operating reserves to meet the working capital needs of its developments; 3. Proposed budget expenditure are necessary in the efficient and economical operation of the housing for the purpose of serving low-income residents; 4. The budget indicates a source of funds adequate to cover all proposed expenditures; 5. The PHA will comply with the wage rate requirement under 24 CFR 968.110(c) and (f); and 6. The PHA will comply with the requirements for access to records and audits under 24 CFR 968.110(i). I hereby certify that all the information stated within, as well as any information provided in the accompaniment herewith, if applicable, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012.31, U.S.C. 3729 and 3802) Print Board Chairperson’s Name: Signature: Date: PHA Fiscal Year Beginning: RECOMMENDATIONS APPROVE, effective January 1, 2019, a new five-step salary schedule for the position of Executive Director with a five percent (5%) increase between steps: Step 1 through Step 5 ($173,484.00 - $210,870.88). APPROVE an amended Employment Agreement, attached, between the Housing Authority and Joseph E. Villarreal, effective January 1, 2019, to authorize a wage increase to $173,484.00 (first step of new salary range) effective January 1, 2019, an extension of the term through December 31, 2023, and other non-monetary changes required by law. BACKGROUND On December 18, 2018, the Board of Commissioners conducted a performance review of the Executive Director, who is currently being paid at top step of the existing salary schedule for the position of Executive Director. It is recommended that a new five-step salary schedule be adopted for that position, with a five percent (5%) increase between steps, and Step 1 starting at $173,484.00 and Step 5 at $210,870.88. It is also recommended that an amended, five-year contract be entered into between the Housing Authority and the Executive Director to reflect certain changes mandated by law since Mr. Villarreal’s 2007 contract Action of Board On: 03/12/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Karen Mitchoff, Commissioner Federal D. Glover, Commissioner ABSENT:Diane Burgis, Commissioner Jannel George-Oden, Commissioner Contact: 925-957-8028 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 12, 2019 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: D.4 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:March 12, 2019 Contra Costa County Subject:AMENDED EMPLOYMENT AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA AND JOSEPH E. VILLARREAL, EXECUTIVE DIRECTOR BACKGROUND (CONT'D) was last amended, and to reflect that the base salary of the Executive Director will be increased to the first step of the new salary schedule, $173,484, effective January 1, 2019. FISCAL IMPACT The maximum annual cost of this action (including pension cost) for calendar year 2019 would be $24,466.84. CONSEQUENCE OF NEGATIVE ACTION The Executive Director’s contract will not be amended. CLERK'S ADDENDUM AGENDA ATTACHMENTS Villarreal Contract MINUTES ATTACHMENTS Signed Agreement 1 EMPLOYMENT AGREEMENT EXECUTIVE DIRECTOR HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1. Parties. Effective January 1, 2019, this Agreement is made by and between the Housing Authority of the County of Contra Costa (“Authority”) and Joseph E. Villarreal (hereafter “Employee”), and supersedes any prior contracts or agreements. 2. Term. Authority hereby employs Employee as the Executive Director of the Housi ng Authority of the County of Contra Costa for a term beginning January 1, 2019, through December 31, 2023, (“Ending Date”) unless this Agreement is sooner terminated as provided herein. If this Agreement is not terminated or renewed prior to the Ending D ate, it will automatically continue on the same terms and conditions for successive two year periods until terminated or amended by the Board of Commissioners 3. Status of Employee. Employee is an “at will” employee of the Authority. Employee agrees to remain in the exclusive employ of the Authority during the term of this Agreement. 4. Duties. Subject to the oversight of the Authority’s Board of Commissioners, Employee will perform those duties assigned by the Board of Commissioners, including but not limited to those duties specified in the job description for the Executive Director. Employee will perform these duties to the best of his ability in accordance with the highest pr ofessional and ethical standards of the profession and will comply with all applicable rules and regulations established by HUD, State law, and the Board of Commissioners. 5. Conflict of Interest Prohibited. Employee will not engage in any activity that would be a violation of the Political Reform Act (Government Code §§81000 et seq.), Government Code §1090, Health and Safety Code §34281, or which may create an incompatibility of office under California Law. Employee will comply with all disclosure requirements. 6. Compensation. a. Base Salary and Cost of Living Adjustments . Commencing with the pay period beginning January 1, 2019, Authority will pay Employee an annual base salary of $173,484, paid monthly, at the same time Authority pays its other employees, subject to the withholding of state and federal income tax, Social Security, state disability and such federal, state and local taxes and other deductions and withholding as may be legally required. Employee will receive the same per centage cost of living adjustments, if any, to his salary as those the Authority provides for its other employees. b. Pay for Performance. In its sole discretion, the Board of Commissioners may make one or more performance adjustments in increments of (5%) of base pay, in accordance with the salary schedule adopted on March 12, 2019, based upon over-all performance. Such adjustment may be made only after an evaluation under Section 8 of this agreement. Page 2 of 4 7. Benefits. a. General. Employee shall receive such employee benefits as are provided to Housing Authority employees in accordance with established Authority policies, as they may be modified from time to time. Benefits provided by the Authority under its existing policies include regular holidays , annual leave, sick leave, personal holiday leave, management leave, health insurance, dental insurance life insurance, disability, retirement benefits, and other employment benefits. Employee may use and accrue leave time in accordance with the Authorit y’s policies, as may be modified from time to time. Employee is entitled to participate in any other plans offered by the Authority, such as deferred compensation or retirement plans, health, life, or other insurance plans to the extent allowed by the Authority’s plans and policies. b. Executive Automobile Allowance. Employee shall be entitled to a monthly automobile allowance of $600 per month which includes in-county mileage. Out-of-county mileage will be reimbursed at Authority-approved rates. 8. Ev aluation. Each year, commencing January 1, 2019, and more frequently if desired by the Authority’s Board of Commissioners, Employee and the Board of Commissioners will meet to evaluate Employee’s performance and to set goals and objectives for Employee’s performance. 9. Expense Reimbursement and Training Costs. Authority will reimburse Employee for actual and necessary expenses incurred in the performance of Employee’s obligations under this Agreement, so long as such reimbursement is authorized pursuant to a policy approved by the Board of Commissioners. In addition to the general duties of Executive Director, Employee may participate in professional activities (e.g., conferences, seminars, professional training, panels and membership in relevant organizations, etc.), which are relevant to the overall operations of the Authority. All expenses incurred in connection with such professional activities will be paid in accordance with the policies adopted by the Authority, as they may be modified from time to time. 10. Termination. Any of the following will terminate this Agreement, including the employment of Employee by Authority: a. Employee’s resignation; b. Authority’s termination of Employee’s employment in accordance with Section 11, subsections (b) or (c) below; c. The parties’ mutual written consent to terminate this Agreement; d. Dissolution of the Authority; e. Death, retirement or permanent disability of Employee when such disability prevents Employee from performing the essential functions of his job. 11. Resignation by Employee and Termination by Authority. a. Employee may resign his employment at any time upon sixty (60) days advance written notice of the effective date of his resignation to the Authority b. At its discretion, Authority may terminate Employee’s employment at any time upon sixty (60) days advance written notice to Employee, or immediately upon mutual consent of the Authority and Employee. 3 c. Notwithstanding subsection (b), Authority may immediately terminate thi s Agreement at any time for cause, if Employee commits any act of gross insubordination, dishonesty, fraud, misrepresentation, embezzlement, bribery or perjury; or violates conflict of interest laws; or is convicted of a felony, or of a crime involving the abuse of his Executive Director position as defined in Government Code section 53234.4 . In the event of termination for cause, Employee will not be entitled to any severance pay or any payment for severance health benefits. In such event, Authority’s tot al liability to Employee will be limited to payment of Employee’s compensation through the effective date of termination, together with cash reimbursement for any compensable leave accrual balances. d. If this Agreement is terminated and Employee is subsequently convicted of a crime involving the abuse of his Executive Director position as defined in Government Code section 53243.4, Employee must reimburse Authority for any cash settlement that he received related to the termination of this Agreement, including severance pay. 12. Severance Pay and Release of Claims. In the event this Agreement is terminated by Authority pursuant to Section 11(b) above, without cause (“cause” is defined in Section 11(c) above), before the completion of the term of this Agreement, Authority agrees to pay Employee the following liquidated damages and medical benefit payments in equal, consecutive monthly installments commencing on the date of termination. Such payment of liquidated damages and medical benefit payments w ill be subject to such withholding of income tax, Social Security, and other federal state and local taxes and deductions and contributions as may be legally required. On behalf of himself, his heirs, and representatives, Employee agrees to accept said liquidated damages and medical benefit payments in full and complete settlement and release of any claims Employee has or may have against Authority, Contra Costa County, or their respective members , officers and employees arising from or in any way connected with his employment by the Authority, this Agreement, or the termination of this Agreement. a. Authority will pay Employee as liquidated damages in accordance with Government Code section 53260, in installments as specified above, a cash payment equal to Employee’s monthly salary multiplied by six months or by the number of months left on the unexpired term of the Agreement, whichever is less. b. In addition, Authority will pay, in accordance with Government Code section 53261, for Employee’s purchase of health benefits, the monthly monetary allotment for the cost of those benefits for the same number of months Employee receives cash payments, or until Employee finds other employment, whichever occurs first, Payments for health benefits will not exceed Employee’s monthly medical and dental insurance premiums at the time of termination. 13. Administrative Leave. At its option, Authority may place Employee on administrative leave with pay. If Employee is placed on paid administrative leave pending an investigation and Employee is subsequently convicted of a crime involving the abuse of his Executive Director position as defined in Government Code section 53243.4, Employee must reimburse Authority for any salary provided during the investigation. 14. Amendment. Except as otherwise expressly provided herein, this Agreement may be amended only by a written document executed by both parties hereto. 15. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the parties except as expressly provided herein, no other understanding, oral or otherwise, Page 4 of 4 regarding the subject matter of this Agreement will be deemed to exist or to bind any of the parties hereto. 16. No Assignment. Neither party may assign or transfer any rights granted or obligations assumed under this Agreement. 17. Choice of Law. This Agreement is made in Contra Costa County and will be governed and construed in accordance with the laws of the State of California. Any action relating to this contract shall be instituted and prosecuted in the courts of the State of California for the County of Contra Costa. 18. Notice. Any notice required by this Agreement to be given by one party to the other will be sufficient if given to the party by personal delivery or if mailed to the party by first -class mail postage prepaid, addressed as follows. If to COUNTY: Chairperson, Board of Commissioners Housing Authority of the County of Contra Costa County of Contra Costa 651 Pine Street, Room 106 Martinez, CA 94553 With a copies to: County Administrator County Counsel 651 Pine Street, 11th Floor 651 Pine Street, 9th Floor Martinez, CA 94553 Martinez, CA 94553 If to EMPLOYEE: Joseph E. Villarreal, Executive Director Housing Authority of the County of Contra Costa 3133 Estudillo Street Martinez, CA 94553 19. Signatures. These signatures attest the parties’ agreement hereto: EMPLOYEE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA _____________________________ By:______________________________ Joseph E. Villarreal, Executive Director Chair of the Board of Commissioners H:\HOUSING\CONTRACT\Villarreal Contract 3-12-19.docx RECOMMENDATIONS ACCEPT an oral report on the status of the voluntary transfer of the Richmond Housing Authority's housing choice voucher and project-based voucher programs to the Housing Authority of the County of Contra Costa. BACKGROUND Staff will provide an oral update on the status of the proposed transfer. FISCAL IMPACT The transfer of the Richmond Housing Authority's Voucher programs would increase the Housing Authority of the County of Contra Costa's (HACCC) current contract with HUD from 6,996 vouchers to 9,000 vouchers. Should the transfer occur, it is anticipated that HACCC's projected voucher budget for FYE 2020 would increase from $117 million to between $142 million and $150 million. CONSEQUENCE OF NEGATIVE ACTION None. Information item only. Action of Board On: 03/12/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Karen Mitchoff, Commissioner Federal D. Glover, Commissioner ABSENT:Diane Burgis, Commissioner Jannel George-Oden, Commissioner Contact: 925-957-8028 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 12, 2019 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: D.5 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:March 12, 2019 Contra Costa County Subject:REPORT UPDATING THE STATUS OF THE VOLUNTARY TRANSFER OF THE RICHMOND HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER AND PROJECT-BASED VOUCHER PROGRAMS TO CLERK'S ADDENDUM ATTACHMENTS BO RHA Transfer to HACCC HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Joseph Villarreal, Executive Director DATE: March 12, 2019 SUBJECT: REPORT UPDATING THE STATUS OF THE VOLUNTARY TRANSFER OF THE RICHMOND HOUSING AUTHORITY'S HOUSING CHOICE VOUCHER AND PROJECT-BASED VOUCHER PROGRAMS TO THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND J USTIFICATION I. RECOMMENDED ACTION: CONSIDER accepting an oral report on the status of the voluntary transfer of the Richmond Housing Authority's housing choice voucher and project-based voucher programs to the Housing Authority of the C ounty of Contra Costa. II. FINANCIAL IMPACT: The transfer of the Richmond Housing Authority's Voucher programs would increase the Housing Authority of the County of Contra Costa's (HACCC) current contract with HUD from 6,996 vouchers to 9,000 vouchers. Should the transfer occur, it is anticipated that HACCC's projected voucher budget for FYE 2020 would increase from $117 million to between $142 million and $150 million. III. REASONS FOR RECOMMENDATION/BACKGROUND Staff will provide an oral update on the status of the proposed transfer. IV. CONSEQUENCES OF NEGATIVE ACTION: None. Information item only. RECOMMENDATIONS DENY claim filed by Eboni Green. BACKGROUND See attached claim. FISCAL IMPACT No fiscal impact. Action of Board On: 03/12/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Karen Mitchoff, Commissioner Federal D. Glover, Commissioner ABSENT:Diane Burgis, Commissioner Jannel George-Oden, Commissioner Contact: Scott Selby 925.335.1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 12, 2019 Joseph Villarreal, Executive Director By: Stacey M. Boyd, Deputy cc: C.1 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:March 12, 2019 Contra Costa County Subject:Claims CLERK'S ADDENDUM AGENDA ATTACHMENTS Claim-Green MINUTES ATTACHMENTS Claim-Green Signed RECOMMENDATIONS ACCEPT report on the relocation status of the families at the Las Deltas public housing development in North Richmond. BACKGROUND As part of the RAD conversion of the Las Deltas public housing units, HACCC is required to assist the families living at Las Deltas to find new, affordable places to live. All of the residents living at Las Deltas at the time of conversion must be assisted under the laws and regulations set forth in the Uniform Relocation Act, California Relocation Assistance Law and the California Relocation Assistance and Real Property Acquisition Guidelines. There were 81 families living at Las Deltas when it was approved for RAD. All are/were eligible for relocation benefits. In September 2017 HACCC began officially moving families out of Las Deltas. Although a few of the 81 families had moved before this date, these early movers retained eligibility for, and were offered, relocation benefits. The mover status of the Las Deltas families as of March 5, 2019 is as follows: Action of Board On: 03/12/2019 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Karen Mitchoff, Commissioner Federal D. Glover, Commissioner ABSENT:Diane Burgis, Commissioner Jannel George-Oden, Commissioner Contact: 925-957-8028 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 12, 2019 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: C.2 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:March 12, 2019 Contra Costa County Subject:RELOCATION STATUS OF LAS DELTAS RESIDENTS BACKGROUND (CONT'D) Total Las Deltas Families Eligible for Relocation 81 Total Families That Have Moved 70 Moved to other public housing 38 Moved using voucher within HACCC jurisdiction 24 Moved using voucher outside of HACCC jurisdiction 7 Moved and left HACCC programs 1 Total Families Pending Move 11 Waiting to move to other public housing unit 3 Already issued voucher, searching for a unit 8 Waiting for voucher to be issued 0 FISCAL IMPACT Funding of approximately $1.4 million is provided in the Housing Authority's (HACCC) current PHA Annual Plan Capital Fund Program (CFP) budget for the cost of the relocation consultants and all direct relocation costs that will be provided to families (e.g., security deposits, utility transfer fees and the costs to hire movers). $1 million is targeted for direct relocation costs for the families of Las Deltas. CONSEQUENCE OF NEGATIVE ACTION None. Information item only. CLERK'S ADDENDUM