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HomeMy WebLinkAbout25F - IMPEDIMENTS FAIR HOUSING REQUEST FOR -m~ COUNCIL ACTION ~ a CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 4, 2010 TITLE: APPROVED ? As Recommended AMENDMENT TO AGREEMENT WITH FAIR ? As Amended sc HOUSING ORANGE COUNTY FOR ANALYSIS ? Ordinance on 1 Reading ? Ordinance on 2"d Reading OF IMPEDIMENTS TO FAIR HOUSING ? Implementing Resolution CHOICE ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the agreement with Fair Housing Orange County in the amount of $5,800 for a total agreement amount not to exceed $78,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Department of Housing and Urban Development (HUD) requires local governments to prepare an analysis of impediments to fair housing which addresses eliminating racial and ethnic segregation, illegal physical and other barriers to persons with disabilities and other discriminatory practices in housing. The City is currently in the process of preparing the Consolidated Plan for the period 2010-2015. As part of the Consolidated Plan, grantees are required to submit a certification that the City has completed the required fair housing planning through: - The completion of an Analysis of Impediments; - Development of actions to eliminate any identified impediments; and - Maintain Affirmative Fair Housing records. Fair Housing Orange County has been selected to conduct the analysis of impediments to fair housing choice. The City has an agreement with Fair Housing Orange County to provide fair housing education, counseling and enforcement for fiscal year 2009-2010 in the amount of $72,200. As a result of this agreement, City Council approval is required for the 25F-1 Amendment to Agreement with Fair Housing Choice January 4, 2010 Page 2 additional $5,800 which will ensure the completion of the analysis of impediments to fair housing study. FISCAL IMPACT Funds are available in the CDBG account (no. 13518780- 62300/10750001001). APPROVED AS TO FUNDS AND ACCOUNTS: R~cc~ ~ . , Cy t is J. els Francisco Gutierre z Deputy City Manager for Executive Director Development Services Finance & Management Services Agency Community Development Agency CJN/NTE/FH/mlr 25F-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on the of January 2010, by and between Fair Housing Orange County, a California non-profit corporation ("Subrecipient") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement Between the City of Santa Ana and Fair Housing Orange County for Use of Community Development Block Grant Funds, dated July 1, 2008, (hereinafter "said Agreement") by which Subrecipient has been providing fair housing education, counseling and enforcement. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Work that Subrecipient will provide to the City and increase the compensation to be paid to Subrecipient. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. The Scope of Work that is referenced in the Agreement and attached as Exhibit A, shall be amended to include the Scope of Work attached hereto and incorporated herein as Exhibit A-1. 2. Section II A., Payment of Funds, shall be amended to increase the payment by City to Subrecipient with an additional amount not to exceed $5,800.00 for the additional i services, for a total not to exceed amount of $78,000.00. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. i 25F-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: FAIR HOUSING ORANGE COUNTY JOSEPH W.FLETCHER City Attorney By: LISA E. STORCK Name: Assistant City Attorney Title: Tax ID: 95-2538829 2 25F-4 EXHIBIT A-1 Fair Housing Council of Orange County Regional Analysis of Impediments to Fair Housing Scope of Work Progress Report This Work Task includes an assessment of the progress made in eliminating or ameliorating the regional impediments identified in the 2005 AI. The private and public impediments included the following: Private Impediments 1. Population and local government cannot differentiate between housing provision vs. discrimination. 2. Housing industry discrimination: zoning, insurance, appraisals, advertising. 3. "Color" blind policy causes disparate impact (i.e., credit scores in determining a persons insurability and occupancy restrictions. 4. Employer lack of supports results in segregated housing. 5 High loan denial rates are x3 among upper income Blacks and X2 for equally situated Hispanics. Public Impediments 6. CRA funds are not targeted in ways assisting low-income persons and neighborhoods in home ownership and financial stability. 7. Some jurisdictions underestimate the extent of discrimination; therefore, reducing or not paying fair share of services provided by OCFHC. Communi Outreach Three community outreach meetings will be conducted in order to obtain resident input on fair housing concerns. The meetings will be held in middle to late January 2010. The community outreach meetings will be held in three different locations within the region in order to attract residents from as many jurisdictions as possible. Community Profile This Work Task will include an update of the tables and analysis contained in Sections 2, 3, 4 and 5 of the 2005 AI. Attachment A describes the tables that will be updated, as well as the data sources, for each Section. The key data sources include Census 2000, CHAS, California Department of Finance and the 2006-2008 American Community Surveys. Attachment B lists of the cities covered by the American Community Surveys. The 2006-2008 and 2008 American Community Surveys will be used to update data on characteristics that relate to the protected groups including the following: ¦ Disabled ¦ Race • Hispanic or Latino and Race ¦ Families with Children ¦ Speak English Less than Very Well 3 25F-5 Publh Sectorampediments The purpose of this analysis is to determine, at the individual jurisdictional level, whether fair housing impediments exist. ¦ Impediments to fair housing caused by regulations (or the lack thereof) in zoning ordinances such as: ? Definition of Family ? Lack of a Reasonable Accommodation Procedure ? Treatment of Residential Care Facilities and Group Housing inconsistent with fair housing laws ? Lack of regulations to facilitate Transitional and Supportive Housing This Work Task will be completed by the cities and the Fair Housing Council of Orange County. Each City will be provided with HUD's Fair Housing Impediment Study -Review of Public Policies and Practice (Zoning and Planning Codes). The review consists of 18 questions on zoning and planning practices for which responses must be developed. Each City and the will be requested to complete the review in a standard format of Background, Zoning Regulations and Conclusion. The Fair Housing Council will provide the Background analysis which will explain the fair housing concerns raised by the review question. ¦ Impediments to fair housing caused by housing policies (or the lack thereof) in key policy documents. This Work Task will include a review of the housing elements to determine the nature and scope of the fair housing programs included in the element. In addition, the review will determine if funding support is provided to address the needs of protected groups such as housing for the disabled (i.e., home modifications) and female householders with children. Additionally, the review will determine if the cities have identified constraints or impediments such as the lack of a reasonable accommodation procedure. ¦ Review of Housing Authority policies (or the lack thereof) to affirmatively further fair housing. The Public Housing Agency Plans of the housing authorities will be reviewed to determine stated policies and objectives that affirmatively further fair housing. The review will include the Orange County Housing Authority and the Housing Authorities for the cities of Anaheim, Garden Grove and Santa Ana. ¦ Review of Section 8 Housing opportunities outside of minority population concentrations. The purpose of this Work Task is to determine if Section 8 assisted households are residing principally in low income or minority neighborhoods. The Fair Housing Council will request that each Housing Authority identify the number of Section 8 assisted households by census tract. The numerical and percentage distributions then will be compared to the low income and minority population characteristics of each census tract. A correlation analysis will be completed to determine the extent to which Section 8 housing opportunities are located in neighborhoods that are predominantly low income and/or have minority population concentrations. ¦ Review of affordable opportunities outside of minority population concentrations. This Work Task will include the development of an inventory of current and future affordable housing opportunities. The location of affordable housing developments will be determined from local housing elements and data sources such as the California Tax Credit Allocation Committee list of approved projects from 1987 to now. The census tract 4 25F-6 location of affordable housing will be compared to the areas of low income and minority concentrations. Rr[v~__ ~S~cto~~m ,edime~nts . , t ¦ Review of housing discrimination complaints. This Work Task will involve an analysis of housing discrimination complaints filed by residents of the entitlement cities and Urban County. The period of analysis will cover 2004-2009 and include a trends analysis of the number and bases for the discrimination complaints. The housing discrimination data will be provided by the Fair Housing Council and to the extent necessary will be obtained from the State Department of Fair Employment and Housing and HUD. ¦ Review and analysis of real estate advertising. This Work Task involves a review of for rent and for sale advertising to determine if limitations on the availability of housing are stated which violate fair housing laws. A review of will be completed of ads placed over a two month period (8 editions) in the Los Angeles Times and Orange County Register as well as local newspapers to the extent possible. Additionally, ads placed in the For Rent Magazines and Homes for Sale Magazines will be reviewed and analyzed for purposes of identifying the use of discriminatory terms. ¦ Review and analysis of hate crimes trends. This Work Task involves the collection and analysis of hate crimes as well as the location of the hate crimes. The following tables will be developed based on statistics compiled by the Office of the State Attorney General: ? California Hate Crime Events and Bias Motivations - 2004-2008 ? California Location of Hate Crime Events - 2004-2008 ? Number of Hate Crime Events by City - 2004-2008 The frequency of hate crime events that occur at a residential location will be estimated on the basis Statewide percentage. In addition, this Work Task will identify resources that can address the needs of hate crime victims. ¦ Review and analysis of discriminatory lending. This Work Task will update the HMDA tables found in Section 6 of the 2005 AI. The 2008 HMDA denial rates will be computed at the census tract level and also aggregated to the city level. Instances of high denial at the city/census tract level will be identified in a table. In addition, the HMDA data will be used to prepare the following two tables: ? Denial rates by race/ethnicity for FHA, conventional, refinance and home improvement loan applications ? Reasons for loan denials by race/ethnicity for FHA, conventional, refinance and home improvement loan applications 'I Additionally, a comparison of the census tracts with high denial rates will be compared to the low income and minority characteristics of each census tract. A determination will be made of whether there is a strong correlation between loan denial rates and the low income/minority characteristics of the census tracts with high loan denial rates. 5 25F-7 Ah8umma ra~d.Actlgn~Recommendatlons This Work Task will produce an AI Summary and Action Recommendations for each entitlement city and Urban County as a whole. The AI Summary and Action Recommendations will be in a format that the cities and Urban County can insert in the Other Narratives section of the Consolidated Plan submission (that is, the CPMP or Consolidated Plan Management Process Tool.) The AI Summary will include: ¦ A brief overview of the regional demographic profile as it pertains to countywide fair housing concerns. ¦ A brief profile of the population, housing, and other demographic characteristics of each city and the Urban County. • A brief overview of the regional private sector impediments that apply to all entitlement cities and the Urban County. ¦ A summary of each jurisdictions public sector impediments that were identified as part of HUD's Fair Housing Impediment Study -Review of Public Policies and Practice (Zoning and Planning Codes). The Action Recommendations will include the following: ¦ A summary of the actions proposed to eliminate or ameliorate the identified private and public sector impediments to fair housing choice. To the extent possible, timelines will be determined for implementation of the fair housing actions. ¦ The actions to eliminate and ameliorate private sector impediments will be implemented by the Fair Housing Council of Orange County on behalf of the participating entitlement cities and Urban County. For potential actions that extend beyond the scope of services provided by the FHCOC, estimated budgets and timelines will be established. ¦ The actions to eliminate and ameliorate public sector impediments will be implemented by each entitlement city and the cities that belong to the Urban County. Insights on the possible funding and timelines to implement the actions will be based on each jurisdiction's housing element. Report Preparnti4n This Work Task involves the completion of a Draft and Final Report. The complete report will include the results of the prior Work Tasks and the profiles developed for each participating jurisdiction. The reports also will include input received from the participating jurisdictions. I 6 25F-8 Attachment A Regional Fair Housing Impediments Analysis Update of Regional Demographic Profile Tables (Section 2 of 2005 AI) • 2009 Population Estimates for Entitlement Cities and Urban County ¦ Population Growth April 1, 2000 to January 1, 2009 for Entitlement Cities and Urban County ¦ 2009 Housing Estimates for Entitlement Cities and Urban County ¦ Housing Growth April 1, 2000 to January 1, 2009 for Entitlement Cities and Urban County • 2009 Top 50 Employers in Orange County • Employment Characteristics for Entitlement Cities and Urban County December 2009 Update of Minority Population Characteristics Tables (Section 3 of 2005 AI) Orange County Minority Population Growth Trends - 1990-2008' Orange County Hispanic Population Growth Trends - 1990-2008' ¦ Population by Race and Ethnicity for Entitlement Cities and Urban County - 2000 ¦ Population by Race and Ethnicity for Entitlement Cities and Urban County - 2007/20082 • Hispanic Population Growth Trends for Entitlement Cities and Urban County - 2000 -2007/20082 • Orange County Population Projections by Race and Ethnicity - 2000 to 20303 Update of Income Characteristics Tables (Section 4 of 2005 AI) ¦ Household Income Groups for Entitlement Cities and Urban County -1990/20004 ¦ Median Income of Households, Families and Nonfamily Households for Entitlement Cities and Urban County - 2007/2008 ¦ Income Below Poverty Level by Age for Entitlement Cities and Urban County - 2007/2008 Update of Protected Group Characteristics Tables (Section 5 of 2005 AI) ¦ Householders by Sex of Householder for Entitlement Cities and Urban County - 2007/2008 ¦ Families with Children for Entitlement Cities and Urban County - 2007/2008 ¦ Disabled Persons by Age for Entitlement Cities and Urban County - 2007/2008 ¦ Poverty Rates for Families with Children for Entitlement Cities and Urban County- 2007/2008 ¦ Poverty Rates for Female Householders with Children for Entitlement Cities and Urban County - 2007/2008 'Estimates will be based on the 2008 American Community Survey for the entire Orange County area. ZEstimates will be based on the 2006-2008 and 2008 American Community Surveys. The ACS estimates are averages for the period covered; therefore the individual jurisdictions estimates will be either mid-year 2007 or mid-year 2008. The population estimates will be based on the State Department of Finance (DOF) estimates. The ACS race/ethnicity percentages will be applied to the DOF population estimates. 3Projections will be based on the most recent projections of the State Department of Finance and the Center for Demographic Research. 4Extremely Low, Very Low, Moderate and Above Moderate 7 25F-9 Attachment B Orange County Regional Analysis of Impediments to Fair Housing Availability of the American Community Survey by Jurisdiction CITIES 2007 ACS 2008 2008 ACS 3 Year ACS Anaheim X X X Buena Park X X X Fountain Valle X X X Fullerton X X X Garden Grove X X X Huntin ton Beach X X X Irvine X X X Lake Forest X X X La Habra X X X New ort Beach X X X Oran e X X X Santa Ana X X X Tustin X X X Westminster X X X COUNTY OF ORANGE Aliso Vie'o X Brea X C ress X Dana Point/Capistrano X Beach Foothill Ranch La una Beach X La una Hills X Los Alamitos La Palma Ladera Ranch La una Woods Midwa Cit Placentia X Seal Beach X Stanton X Trabuco Can on Yorba Linda X X X 8 25F-10