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HomeMy WebLinkAboutMINUTES - 05252010 - SD.5RECOMMENDATION(S): Continued public hearing to consider adoption of the Analysis of Impediments to Fair Housing, including: 1. ACCEPTING a report from the Director of Conservation and Development responding to concern expressed by Bay Area Legal Aid and Public Advocates, Inc.; 2. APPROVING the Analysis of Impediments of Fair Housing Choice; and 3. DETERMINING that this action is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. FISCAL IMPACT: No General Fund impact. All funds are provided to the County on a formula basis through the U.S. Department of Housing and Urban Development. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/25/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Bob Calkins, (925) 335-7220 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: May 25, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: KATHERINE SINCLAIR, Deputy cc: SD. 5 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:May 25, 2010 Contra Costa County Subject:Approval of the Analysis of Impediments to Fair Housing Choice BACKGROUND: On April 27, 2010, the Board of Supervisors adopted the FY 2010 – 2015 Consolidated Plan and the FY 2010/11 Annual Action Plan for the use of Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME), Emergency Shelter Grants (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) funds. The Board continued the discussion on the Analysis of Impediments to Fair Housing Choice (Attachment A) to May 25, 2010 to allow staff time to respond to a letter received on April 26, 2010 (Attachment C) from Bay Area Legal Aid and Public Advocates, Inc. (BALA/PA). The Consolidated Plan regulations require Entitlement Jurisdictions that receive any of the above sources of funds to affirmatively further fair housing (AFFH), and the CDBG program specifically requires that each Entitlement Jurisdiction certify that it will "affirmatively further fair housing." The extent of the AFFH obligation has never been defined statutorily. However, the Department of Housing & Urban Development (HUD) defines it as requiring an Entitlement Jurisdiction to conduct an analysis to identify impediments to fair housing choice within the jurisdiction; take appropriate actions to overcome the effects of any impediments identified through the analysis; and maintain records reflecting the analysis and actions taken in this regard (24 CFR 91). HUD interprets those broad objectives to mean: • Analyze and eliminate housing discrimination in the jurisdiction • Promote fair housing choice for all persons • Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability and national origin • Promote housing that is structurally accessible to, and usable by, all persons, particularly persons with disabilities • Foster compliance with the nondiscrimination provisions of the Fair Housing Act (HUD Fair Housing Planning Guide [March, 2006] at p 1-2) Although the Entitlement Jurisdiction's AFFH obligation arises in connection with the receipt of federal funding, its AFFH obligation is not restricted to the design and operation of HUD-funded programs at the State or local level. The AFFH obligation extends to all housing and housing-related activities in the Entitlement Jurisdiction's area, whether publicly or privately funded. The guidance encourages a metro wide or regional fair housing plan (FHP). The Entitlement Jurisdictions of Antioch, Concord, Pittsburg, Richmond, Walnut Creek, and Contra Costa County (Contra Costa Consortium) drafted a County-wide Consolidated Plan and Analysis of Impediments to Fair Housing Choice (AI). Before drafting the AI, the Contra Costa Consortium held two public meetings, one each in Antioch and Richmond, to obtain input from fair housing service providers, public agencies, community groups, and the general public. A notice of the meetings was published in the Contra Costa Times and sent to a mailing list of over 500 agencies, including Bay Area Legal Aid. The major agenda topics during the two public meetings were: • Purpose of the AI (what it does and the role of stakeholders) • Housing Discrimination (forms of discrimination and the federal and state protected classes) • Community and Stakeholders input/experience with fair housing and housing discrimination within their communities Public participation was encouraged throughout the process. In addition to the two public meetings, the Contra Costa Consortium solicited input via an on-line/internet survey that was accessible during the months of August, September, and October 2009. According to our records, neither BALA or PA attended any of the meetings or participated via the survey. Comments by BALA/PA: The letter was generally critical of the AI with particular emphasis on the impediments to fair housing choice by Section 8 families (Section A of the letter), and impediments imposed by the failure to identify and remove governmental constraints to the development of affordable housing (Section B of the letter). Staff has provided a response to each comment contained in the BALA/PA letter (see Attachment B), and believes that the responses provided adequately address the comments contained in the letter. Consequently, staff recommends approval of the Analysis of Impediments to Fair Housing Choice. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: CLERK'S ADDENDUM CLOSED the hearing; ACCEPTED report from the Director of Conservation and Development; APPROVED the Analysis of Impediments of Fair Housing Choice; and DETERMINED this action is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. ATTACHMENTS Attachment A - Analysis of Impediments to Fair Housing Choice Attachment B - Staff Reponse to BALA/PA Letter Attachment C - BALA/PA Letter dated April 26, 2010 Attachment D - City of Antioch Letter dated April 29, 2010 Attachment E - Housing Element Status Chart