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HomeMy WebLinkAboutMINUTES - 12082020 - Housing Authority    CALENDAR FOR THE BOARD OF COMMISSIONERS BOARD CHAMBERS, COUNTY ADMINISTRATION BUILDING 1025 ESCOBAR STREET MARTINEZ, CALIFORNIA 94553-1229 CANDACE ANDERSEN, CHAIR DIANE BURGIS, VICE CHAIR JOHN GIOIA KAREN MITCHOFF FEDERAL D. GLOVER JOSEPH VILLARREAL, EXECUTIVE DIRECTOR, (925) 957-8000 To slow the spread of COVID-19, the Health Officer’s Shelter Order of September 14, 2020, prevents public gatherings (Health Officer Order). In lieu of a public gathering, the Board of Commissioners meeting will be accessible via television and live-streaming to all members of the public as permitted by the Governor’s Executive Order N29-20. Board meetings are televised live on Comcast Cable 27, ATT/U-Verse Channel 99, and WAVE Channel 32, and can be seen live online at www.contracosta.ca.gov. PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA MAY CALL IN DURING THE MEETING BY DIALING 888-251-2949 FOLLOWED BY THE ACCESS CODE 1672589#. To indicate you wish to speak on an agenda item, please push "#2" on your phone. All telephone callers will be limited to two (2) minutes apiece. The Board Chair may reduce the amount of time allotted per  telephone caller at the beginning of each item or public comment period depending on the number of calls and the business of the day. Your patience is appreciated.   A lunch break or 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.contracosta.ca.gov. ANNOTATED AGENDA & MINUTES December 8, 2020                 1:00 P.M. Convene and call to order.    Called to order at 2:48 p.m.   CONSIDER CONSENT ITEMS: (Items listed as C.1 through C.5 on the following agenda ) - December 8, 2020 CCC Housing Authority Minutes 1 CONSIDER CONSENT ITEMS: (Items listed as C.1 through C.5 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)    Speakers: xxxxxx Robinson, Richmond Lane, spoke on revitalizing vacant lots in North Richmond. She requests the Commissioners support in creating housing opportunity on the land, which will be sold to a developer.     D.3   CONSIDER accepting a report on the award of 180 new vouchers for homeless individuals and their families from the U.S. Department of Housing and Urban Development (HUD) and an update on the Housing Authority’s various homeless housing programs.      Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis AYE Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE     D.4   CONSIDER the Housing Authority's (HACCC) Annual Plan for fiscal year 2021 and ADOPT Resolution No. 5230 titled the "PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications approving HACCC”s Annual Plan for fiscal year 2021, including revisions to the Admissions and Continued Occupancy Plan and the Section 8 Administrative Plan."      Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis AYE Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE   ADJOURN    Adjourned today's meeting at 3:10 p.m.   December 8, 2020 CCC Housing Authority Minutes 2 CONSENT ITEMS:     C.1   ADOPT the proposed 2021 meeting schedule for the Housing Authority of the County of Contra Costa Board of Commissioners, as recommended by the Housing Authority Executive Director.      Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis AYE Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE     C.2   ADOPT and APPROVE the Housing Choice Voucher payment standards for the Housing Authority of the County of Contra Costa effective October 1, 2020.        C.3   ACCEPT the 2nd Quarter 2020-2021 Unaudited Budget Report for the period ending September 30, 2020.      Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis AYE Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE     C.4   RECEIVE the Housing Authority of the County of Contra Costa’s investment report for the quarter ending September 30, 2020.        C.5   ADOPT Resolution No. 5231 to invest HUD and non-HUD funds according to HACCC’s Investment Policy.      Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis AYE Commissioner Karen Mitchoff AYE Commissioner Federal D. Glover AYE     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. December 8, 2020 CCC Housing Authority Minutes 3 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, 1025 Escobar Street, Martinez, CA 94553; by fax:  925-655-2006; 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) 655-2000. An assistive listening device is available from the Clerk.  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) 655-2000, 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) 655-2000. 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, 1025 Escobar Street, 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.   December 8, 2020 CCC Housing Authority Minutes 4 RECOMMENDATIONS CONSIDER accepting a report on the award of 180 new vouchers for homeless individuals and their families from the U.S. Department of Housing and Urban Development (HUD) and an update on the Housing Authority’s various homeless housing programs. BACKGROUND HACCC was one of 161 housing authorities across the nation who were awarded HUD Mainstream funds. HACCC’s grant was the largest awarded by HUD this year. The Mainstream program provides funding to assist non-elderly persons with disabilities who are: Transitioning out of institutional or other similar segregated settings; At serious risk of institutionalization; Homeless; or At risk of becoming homeless. HACCC's primary partners in the Mainstream program are the Housing Consortium of the East Bay (HCEB) and the Health, Housing and Homeless Services Department of Contra Costa County (H3). Entry to the Mainstream program is available through all three agencies. Action of Board On: 12/08/2020 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 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: December 8, 2020 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: D.3 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:December 8, 2020 Contra Costa County Subject:AWARD OF NEW HOMELESS VOUCHER FUNDING December 8, 2020 CCC Housing Authority Minutes 5 BACKGROUND (CONT'D) VASH is a collaborative program funded by both HUD and the U.S. Department of Veterans Affairs (VA). VASH combines HUD housing vouchers with VA supportive services to help homeless Veterans and their families find and sustain permanent housing. Entry to the program is through the VA. While each of HACCC's programs are available to serve the homeless via the normal application process, Mainstream is one of fourteen programs that HACCC operates that are targeted largely or solely to homeless individuals and families. The programs, and the current number of participants in each, are as follows: Homeless Set-asides Mainstream 172 Project-based Vouchers (committed to homeless)93 Garden Park Apartments, Pleasant Hill (27) Idaho Apartments, El Cerrito/Richmond (28) Lakeside Apartments, Concord (11) Lily Mae Jones, Richmond (8) Robin Lane, Concord (5) St. Paul’s, Walnut Creek (14) Project-based COC 14 Lakeside Apartments, Concord (4) Ohio Ave, Richmond (5) Villa Vasconcellos, Walnut Creek (5) Tenant-based COC (Shelter Plus Care) (2018-2020 avg.)304 VASH 347 VASH - HACCC (263) VASH – Pittsburg/HACCC (84) Total 930 Pending Commitments (HUD shortfall) Moving On 50 Committed Total 980 FISCAL IMPACT HUD has awarded the Housing Authority (HACCC) $2,163,228 in 12-month budget authority to support 100 new Mainstream vouchers. HUD has also awarded HACCC 80 new HUD-Veterans Affairs Supportive Housing (VASH) vouchers. However, HUD has not yet provided a funding amount for the VASH vouchers. CONSEQUENCE OF NEGATIVE ACTION None. Informational item only. December 8, 2020 CCC Housing Authority Minutes 6 RECOMMENDATIONS OPEN the public hearing for the Housing Authority's (HACCC) Annual Plan for fiscal year 2021, RECEIVE testimony, and CLOSE the public hearing. ADOPT Resolution No. 5230 titled the "PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications approving HACCC”s Annual Plan for fiscal year 2021, including revisions to the Admissions and Continued Occupancy Plan and the Section 8 Administrative Plan." BACKGROUND Any local, regional or state agency that receives funds to operate a federal public housing or housing choice voucher (Section 8) program must submit a Public Housing Agency (PHA) Plan. The PHA Plan is a template that outlines public housing agency policies, programs, operations, and strategies for meeting local housing needs and goals. The Annual Plan provides details about the PHA’s current programs and the resident population served, as well as the PHA’s strategy for addressing the housing needs of currently assisted families and the larger community. The Annual Plan also serves as the PHA’s yearly request for grants to support improvements to public housing buildings (through the Capital Fund Program). Action of Board On: 12/08/2020 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 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: December 8, 2020 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:December 8, 2020 Contra Costa County Subject:PUBLIC HOUSING AGENCY ANNUAL PLAN HEARING FOR FISCAL YEAR 2021 December 8, 2020 CCC Housing Authority Minutes 7 BACKGROUND (CONT'D) As required by HUD, HACCC staff provided public notice of this hearing in the East, West, and Contra Costa Times on October 20th and 22nd, 2020. Staff met virtually with the agency’s Resident Advisory Board (RAB) on five different occasions to discuss the proposed Plan; October 8 th, 22nd, 29thand, November 19th and 30th, 2020. The RAB approved the proposed changes to the Annual Plan at their November 30, 2020 meeting. The following sections provide a synopsis of the major changes proposed by staff to the Annual Plan, its elements and to HACCC’s policies. The specific proposed policies, with changes highlighted, are attached. Public Housing The proposed changes to HACCC's Public Housing Admissions and Continued Occupancy Plan are as follows: Add language allowing remote interviews to be conducted for new applicants, and re-examination/interim appointments due to the result of weather, pandemic or illness. Add language permitting interview appointment letters to be sent via email, or any other electronic method, to applicants or residents. Clarified that HACCC reserves the right to request more than four pay stubs if staff feel that is needed to properly calculate rent portions. Adopted an Emergency Transfer Plan outlining when external transfers from public housing to other covered housing programs will be considered. Clarified that families who are transferring from one public housing unit to another have three days to vacate their original unit. Clarified that when a single member household dies, HACCC will move to retake possession of the unit as legally permitted. However, staff will coordinate with whomever is responsible for claiming the personal effects of the deceased on the timing of this action. Added a policy permitting remote hearings to be conducted as a result of weather, pandemic, illness, as a reasonable accommodation, or in other instances (such as a lack of childcare) determined appropriate by HACCC. Remote hearings will be properly noticed in advance and HACCC will provide technical assistance as needed. Added language to ensure that pre-hearing discovery is granted whenever there is a remote hearing. HACCC will provide all relevant documents in advance of the hearing to the family and will also require that the family provide HACCC with advance copies of documents the family plans to submit at the hearing. Clarified that application of COLAs for fixed sources of income would apply to annual reexaminations due 60 days after HACCC learns of the COLA’s effective date. Capital Fund December 8, 2020 CCC Housing Authority Minutes 8 Capital Fund The Capital Fund program provides PHAs with annual funding from HUD for public housing development, financing and modernization as well as for management improvements and security costs. Capital fund dollars cannot be used for luxury improvements, direct social services, costs funded by other HUD programs or any other ineligible activities as determined by HUD on a case-by-case basis. PHAs must report annually on how they plan to use their capital funds. The proposed PHA Plan shows ongoing and planned capital fund activity. The following projects are among the proposed for HACCC’s Federal Fiscal Year (FFY) 2019, 2020 & 2021 capital fund grants: $387,000 for roofing and modernization of the Alhambra Terrace office in Martinez. $360,000 for concrete flatwork at Bayo Vista, Rodeo and El Pueblo, Pittsburg. $310,000 for site improvements to five properties, including hardscape and landscape modernization. $260,000 for fencing installation and maintenance for the post-demolition Las Deltas site in North Richmond. $87,000 for window and door cover protection of the remaining units at Las Deltas in North Richmond. $185,000 for non-routine maintenance repairs (ordinary maintenance items such as window and flooring replacement or electrical repair where the scale of damage is beyond the scope of day-to-day maintenance) at various properties. $170,000 for electrical infrastructure upgrades to Alhambra Terrace in Martinez. $158,000 for foundation repairs and modernization at Alhambra Terrace in Martinez. $130,000 for unscheduled and emergency unit modernization and site improvements at various properties. $102,000 for elevator upgrades at four senior properties. $80,000 for office, networking and computer equipment for on-site management offices at various properties. $49,000 for new appliances at various properties. $150,000 for boiler upgrades at Hacienda in Martinez. Housing Choice Voucher Proposed changes to the Section 8 Administrative Plan are as follows: In addition to numerous grammatical changes, edits were made to the standard HUD language in the plan that introduces the subject matter. These are not policy changes but regulatory edits from the Code of Federal Regulations. The following substantial changes were made to the Housing Choice Voucher Program Administrative Plan as it pertains to HACCC Policy: Removed evidence of eviction from publicly or privately owned housing as a result of a criminal action during the past two years as a cause for termination of assistance; Revised language on when a family is removed from a waiting list for failure to respond to HACCC outreach. Families now have up to one year or the expiration of the waiting list, whichever is sooner, to contact HACCC and to be reinstated to the December 8, 2020 CCC Housing Authority Minutes 9 wait list due to removal for failure to respond; Clarified the methodology for calculating the market value of real estate assets for annual income determinations; Clarified how HACCC would calculate reasonable child care expenses for Contra Costa County; Clarified that application of COLAs for fixed sources of income would apply to annual reexaminations due 60 days after HACCC learns of the COLA’s effective date; Clarify that HACCC reserves the right to request more than four pay stubs if staff feel that is needed to properly calculate rent portions; Clarified the requirements for excluding financial aid assistance from a household’s rent determination; Clarified that, for buildings where an owner rents unassisted units to the public in addition to assisted units, the unassisted unit rents will be considered for rent reasonableness determination; Confirmed that HACCC has adopted an Emergency Transfer Plan to discuss external transfers to other covered housing programs; Clarified when and how a family can request a review of how their rent was calculated and how to request an informal hearing if they disagree with HACCC’s decision; Revised language that ensures equal and fair opportunity outreach to landlords regarding participation in the HCV program including efforts to reach persons with hearing, visual, and other communications-related disabilities and taking reasonable steps to ensure meaningful access to programs to persons with limited English proficiency; Added language stating that landlords may keep the entire rental assistance payment for the month in which a family vacates a unit (as permitted by HUD); Added regulatory language outlining the protections voucher clients have in the event their assisted unit undergoes foreclosure; Added language that indicates HACCC will not voluntarily adopt the use of Small Area Fair Market Rents (SAFMR). SAFMRs will only be used if needed to establish exception payment standards in certain zip code areas. Removed reference to “suspension” of a voucher term since this is not a viable option in administration of the HCV Program. The voucher term can be tolled, extended or terminated, but not suspended; Added a policy permitting remote hearings to be conducted as a result of weather, pandemic, illness, as a reasonable accommodation, or in other instances (such as lack of childcare) determined appropriate by HACCC. Remote hearings will be properly noticed in advance and HACCC will provide technical assistance as needed; Added language to ensure that pre-hearing discovery is granted whenever there is a remote hearing. HACCC will provide all relevant documents in advance of the hearing to the family and will also require that the family provide HACCC with advance copies of documents the family plans to submit at the hearing; Streamlined language specifying who could be a hearing officer and clarified that it December 8, 2020 CCC Housing Authority Minutes 10 must not be a person involved in the decision-making process relevant to the violation that the family is disputing; Added language reflecting the new PBV regulations that permit the maximum cap on PBV assisted units to increase by 10% from 20% to 30%. This 10% expansion only applies to units that are under a HAP contract first executed on, or after, April 18, 2017 and is only available for units designated for the homeless or veterans; Updated language in the plan regarding when and how a Subsidy Layering Review is to be conducted when developing housing with PBV assistance; Clarified HACCC’s policy on when it would limit the number of units it would fund in a PBV-assisted development. Only elderly units, or units covered by a supportive services agreement can be included as excepted units. Otherwise, all units will be included as permitted by PBV program regulations; Clarified HACCC’s inspection policy to state that PBV families would not be assisted until the initial or turnover unit complies with the HQS requirements; Updated the list of PBV-assisted properties to include the Terraces Family and the Terraces Senior Apartments in Richmond, CA; Revised PBV waiting list language to permit unresponsive households who are removed from the wait list to be added back onto the waitlist without penalty within one year from their removal. Thereafter, they will have to re-apply when the list is re-opened; Added language regarding special provisions applying to Tenant Protection Vouchers (TPV) awarded as part of a Voluntary Conversion of public housing units in projects that include RAD PBV units – These provisions are detailed under the RAD program regulations and laid out in Chapter 18 of the Plan; Inserted a table that reflects the RAD provisions that are applicable to non-RAD units in a project; Added language, in compliance with RAD regulations, detailing the protections available to tenants in RAD-assisted units; Added a table to list the RAD-assisted projects in HACCC’s jurisdiction and which version of the HUD RAD regulations were applicable to each; Numerous changes were made to the chapter 18 language regarding the applicability of RAD provisions to non-RAD assisted units in a project. HACCC has ten projects assisted with both RAD and PBV rental assistance. Initial guidance limited the RAD provisions to the RAD units, but that is no longer the case; Language regarding the applicability of temporary and permanent relocation for Rad projects added to Chapter; Language added to distinguish between ownership entities under different applicable RAD Notices, but all essentially require that the ownership entity cannot be the PHA and should be a non-profit or non-profit affiliate of the PHA; Added language confirming that when a PHA converts all of their Public Housing units, the PHA can use all of the operating funds it was receiving to operate the RAD units; Included language that explains the various limitations on the maximum number of units permitted to be designated for RAD based on the applicable HUD RAD Notice; Reaffirmed that no RAD units will be approved for occupancy until they meet HQS. December 8, 2020 CCC Housing Authority Minutes 11 HACCC will not be using alternative inspection standards; Reemphasized the mandatory HAP Contract renewal requirement for RAD transactions; Added a policy stating that newly admitted families to RAD units whose Total Tenant Payment exceeds the gross rent, will NOT be permitted to participate in the RAD rental assistance program. This is in accord with HUD regulations and will also apply to non-RAD units in the same project; Added language to clarify that for initial RAD Certification, the family’s public housing rent will be used for calculating their housing assistance payment amount and tenant rent. Until their first annual reexamination. At the family’s first annual reexamination, the calculation will be completed based on HCV rent calculation methodologies and utility allowance guidance; Clarified HACCC’s policy for implementing an increase in a family’s rent portion after conversion to the RAD PBV program. Increases will be tiered over the course of three years; A complete copy of the proposed PHA Annual Plan, Administrative Plan and ACOP are available for review on the HACCC’s website: www.contracostahousing.org. FISCAL IMPACT No direct financial impact. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners elect not to approve the PHA Annual Plan, HACCC will be out of compliance with HUD requirements and may not receive any funding via HUD’s Capital Fund program until the PHA Annual Plan has been submitted to, and approved by, HUD. HUD may also impose additional sanctions beyond the withholding of Capital Fund monies. AGENDA ATTACHMENTS A.1 Admin Plan Redline Changes B.1 ACOP B.1 Admin Plan B.1 Housing Needs B.1 Deconcentration B.2 Activities B.3 HACCC Resolution No. 5230: PHA Certifications of Compliance with the PHA Plan and Related Regulations B.6 RAB suggestions B.7 50077 SL C.1 Capital Fund MINUTES ATTACHMENTS Signed Resolution No. 5230 December 8, 2020 CCC Housing Authority Minutes 12 Page 1 of 6 form HUD-50075-ST (12/2014) ANNUAL PHA PLAN (Standard PHAs and Troubled PHAs) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires: 02/29/2016 Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families. Applicability. Form HUD-50075-ST is to be completed annually by STANDARD PHAs or TROUBLED PHAs. PHAs that meet the definition of a High Performer PHA, Small PHA, HCV-Only PHA or Qualified PHA do not need to submit this form. Definitions. (1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer o n both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A. PHA Information. A.1 PHA Name: _Housing Authority of the County of Contra Costa PHA Code: CA011 PHA Type : X Standard PHA Troubled PHA PHA Plan for Fiscal Year Beginning : 04/2021 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units __1070___ Number of Housing Choice Vouchers (HCVs) ___9297_________Total Combined Units/Vouchers __10,3 67_______________ PHA Plan Submission Type: X Annual Submission Revised Annual Submission Availability of Information. PHAs must have the elements listed below in sections B and C readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program PH HCV Lead PHA: December 8, 2020 CCC Housing Authority Minutes 13 Page 2 of 6 form HUD-50075-ST (12/2014) B. Annual Plan Elements B .1 Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA? Y N X Statement of Housing Needs and Strategy for Addressing Housing Needs X Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. Financial Resources. Rent Determination. Operation and Management. Grievance P rocedures. Homeownership Programs. Community Ser vice and Self-Sufficiency Programs. Safety and Crime Prevention. Pet Policy. Asset Management. Substantial Deviation. Significant Amendment/Modification (b) If the PHA answered yes for any element, describe the revisions for each revised element(s): See Attachment B.1 (c) The PHA must submit its Deconcentration Policy for Field Office review. B.2 New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N Hope VI or Choice Neighborhoods. X Mixed Finance Modernization or Development. Demolition and/or Disposition. Designated Housing for Elderly and/or Disabled Families. Conversion of Public Housing to Tenant-Based Assistance. X Conversion of Public Housing to Project-Based Assistance under RAD. Occupancy by Over-Income Families. Occupancy by Police Officers. Non -Smoking Policies. X Project-Based Vouchers. X Units with Approved Vacancies for Modernization. Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, des cribe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan. See Attachment B.2 B.3 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. See Attachment B.3 B.4 Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N X (b) If yes, please describe: December 8, 2020 CCC Housing Authority Minutes 14 Page 3 of 6 form HUD-50075-ST (12/2014) B.5 Progress Report. Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5 -Year and Annual Plan. See Attachment B.5 B.6 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? Y N X (c) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describin g their analysis of the RAB recommendations and the decisions made on these recommendations. See attachment B.6 B.7 Certification by State or Local Officials. Form HUD 50077-SL , Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. See attachment B.7 B.8 Troubled PHA. (a) Does the PHA have any current Memorandum of Agreement, Performance Improvement Plan, or Recovery Plan in place? Y N N/A X (b) If yes, please describe: C. Statement of Capital Improvements . Required for all PHAs completing this form that administer public housing and receive funding from the Capital Fund Program (CFP). C .1 Capital Improvements. Include a reference here to the most recent HUD-approved 5 -Year Action Plan (HUD-50075.2) and the date that it was approved by HUD. See HUD Form- 50075.2 approved by HUD on - See attachment C.1 December 8, 2020 CCC Housing Authority Minutes 15 Page 4 of 6 form HUD-50075-ST (12/2014) Instructions for Preparation of Form HUD-50075-ST Annual PHA Plan for Standard and Troubled PHAs A. PHA Information. All PHAs must complete this section. A.1 Include the full PHA Name, PHA Code, PHA Type , PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR §903.23(4)(e)) PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. All PHAs must complete this section. B.1 Revision of PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no." (24 CFR §903.7) X Statement of Housing Needs and Strategy for Addressing Housing Needs . Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1)) Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. (24 CFR §903.7(a)(2)(ii)) X Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions . PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2 . (24 CFR §903.23(b)) Describe the PHA’s admissions policy for deconcentration of poverty and income mixing of lower -income families in public housing. The Deconcentration Policy must describe the PHA’s policy for bringing higher income tena nts into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. (24 CFR §903.7(b)) Describe the PHA’s procedures for maintain waiting lists for admission to public housing and address any site -based waiting lists. (24 CFR §903.7(b)). A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR §903.7(b)) Describe the unit assignment policies for public housing. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA o perating, capital and other anticipated Feder al resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the p lanned use for the resources. (24 CFR §903.7(c)) Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d)) O peration and Management. A statement of the rules, standards, and policies of the PHA governing maintenance and management of housing owned, assisted, or operated by the public housing agency (which shall include measures necessary for the prevention or eradication of pest infestation, including cockroaches), and management of the PHA and programs of the PHA. (24 CFR §903.7(e)) Grievance Procedures. A description of the grievance and informal hearing and review procedures that the PHA makes available to its residents and applicants. (24 CFR §903.7(f)) Homeownership Programs. A description of any Section 5h, Section 3 2, Section 8y, or HOPE I public housing or Housing Choice Voucher (HCV) homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Community Service and Self Sufficiency Programs. Describe how the PHA will comply with the requirements of community service and treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)) A description of: 1) Any programs relating to services and amenities provided or offered to assisted families; and 2) Any policies or programs of the PHA for the enhancement of the economic and social self-sufficiency of assisted families, including programs under Section 3 and FSS. (24 CFR §903.7(l)) Safety and Crime Prevention. Describe the PHA’s plan for safety and crime prevention to ensure the safety of the public housing residents. The statement must provide development-by -development or jurisdiction wide-basis: (i) A description of the need for measures to ensure the safety of public housing residents; (ii) A description of any crime prevention activities conducted or to be conducted by the PHA; and (iii) A description of the coordination between the PHA and the appr opriate police precincts for carrying out crime prevention measures and activities. (24 CFR §903.7(m)) A description of: 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs December 8, 2020 CCC Housing Authority Minutes 16 Page 5 of 6 form HUD-50075-ST (12/2014) provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR §903.7(m)(5)) Pe t Policy . Describe the PHA’s policies and requirements pertaining to the ownership of pets in public housing. (24 CFR §903.7(n)) As set Management. State how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs for such inventory. (24 CFR §903.7(q)) Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; b) additions of non-emergency CFP work items (items not included in the current CFP Annual Statement or CFP 5 -Year Action Plan) or change in use of replacement reserve funds under the Capital Fund; or c) any change with regard to demolition or disposition, designation, homeownership programs or conversion activities. See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii)) If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided. B.2 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year, mark “yes” for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark “no.” Hope VI or Choice Neighborhoods. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for HOPE VI or Choice Neighborhoods; and 2) A t imetable for the submission of applications or proposals. The application and approval process for Hope VI or Choice Neighborhoods is a separate process. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2010-30) X Mixed Finance Modernization or Development. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2010-30 ) Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA’s last Annual and/or 5 -Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/demo_dispo/index.cfm. (24 CFR §903.7(h)) Designated Housing for Elderly and Disabled Families . Describe any public housing projects owned, assisted or operated by the PHA (or portions thereof), in the upcoming fiscal year, that the PHA has continually operated as, has designated, or will apply for designation for occupancy by elderly and/or disabled families only. Include the following information: 1 ) development name and number; 2) designation type; 3 ) application status; 4) date the designation was approved, submitted, or planned for submission, and; 5 ) the number of units affected. Note: The application and approval process for such designations is separate from the PHA Plan process, and PHA Plan approval does not consti tute HUD approval of any designation. (24 CFR §903.7(i)(C)) Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection wit h such conversion. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR §903.7(j)) X Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to project-based assistance under RAD. See additional guidance on HUD’s website at: Notice PIH 2012-32 Occupancy by O ver-Income Families. A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over-income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), if all the following conditions are satisfied: (1) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over-income family; (2) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction a t least thirty days before offering the unit to an over-income family; (3 ) The over-income family rents the unit on a month-to-month basis for a rent that is not less than the PHA's cost to operate the unit; (4) The lease to the over -income family provides that the family agrees to vacate the unit when needed for re ntal to an eligible family; and (5) The PHA gives the over -income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. The PHA may incorporate information on occupancy by over-income families into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD’s website at: Notice PIH 2011-7 . (24 CFR 960.503) (24 CFR 903.7(b)) Occupancy by Police Officers. The PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must in clude t he number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. A “police officer” means a person determined by the PHA to be, during the period of residence of that person in public housing, employed on a full -time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify. The PHA may incorporate information on occupancy by police officers into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admission s. See additional guidance on HUD’s website at: Notice PIH 2011-7. (24 CFR 960.505 ) (24 CFR 903.7(b)) December 8, 2020 CCC Housing Authority Minutes 17 Page 6 of 6 form HUD-50075-ST (12/2014) Non -Smoking Policies. The PHA may implement non-smoking policies in its public housing program and incorporate this into its PHA Plan statement of operation and management and the rules and standards that will apply to its projects. See additional guidance on HUD’s website at: Notice PIH 2009-21. (24 CFR §903.7(e)) X Project-Based Vouchers. Describe any plans to use Housing Choice Vouchers (HCVs) for new project-based vouchers, which must comply with PBV goals, civil rights requirements, Housing Quality Standards (HQS) and deconcentration standards, as stated in 983.57(b)(1) and set forth in the PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. If using project-based vouchers, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan. (24 CFR §903.7(b)) X Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR §990.145(a)(1). Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). For all activities that the PHA plans to undertake in the current Fiscal Year, provide a description of the activity in the space provided. B.3 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)) B.4 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p)) B.5 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progres s in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.7(r)(1)) B.6 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19 ) B.7 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan , must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable. B.8 Troubled PHA. If the PHA is designated troubled, and has a current MOA, improvement plan, or recovery plan in place, mark “yes,” and descri be that plan. If the PHA is troubled, but does not have any of these items, mark “no.” If the PHA is not troubled, mark “N/A.” (24 CFR §903.9 ) C . Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR 903.7 (g)) C.1 Capital Improvements. In order to comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan. PHAs can reference the form by including the following language in Section C. 8.0 of the PHA Plan Template: “See HUD Form - 50075.2 approved by HUD on XX/XX/XXXX.” _______________________________________________________________________________________________________________________________________ This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year and Annual PHA Plan. Public reporting burden for this information collection is estimated to average 9.2 hours 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. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. December 8, 2020 CCC Housing Authority Minutes 18 December 8, 2020 CCC Housing Authority Minutes 19 December 8, 2020 CCC Housing Authority Minutes 20 December 8, 2020 CCC Housing Authority Minutes 21 December 8, 2020 CCC Housing Authority Minutes 22 December 8, 2020 CCC Housing Authority Minutes 23 December 8, 2020 CCC Housing Authority Minutes 24 December 8, 2020 CCC Housing Authority Minutes 25 December 8, 2020 CCC Housing Authority Minutes 26 December 8, 2020 CCC Housing Authority Minutes 27 December 8, 2020 CCC Housing Authority Minutes 28 December 8, 2020 CCC Housing Authority Minutes 29 December 8, 2020 CCC Housing Authority Minutes 30 December 8, 2020 CCC Housing Authority Minutes 31 December 8, 2020 CCC Housing Authority Minutes 32 December 8, 2020 CCC Housing Authority Minutes 33 December 8, 2020 CCC Housing Authority Minutes 34 December 8, 2020 CCC Housing Authority Minutes 35 December 8, 2020 CCC Housing Authority Minutes 36 December 8, 2020 CCC Housing Authority Minutes 37 December 8, 2020 CCC Housing Authority Minutes 38 December 8, 2020 CCC Housing Authority Minutes 39 December 8, 2020 CCC Housing Authority Minutes 40 December 8, 2020 CCC Housing Authority Minutes 41 December 8, 2020 CCC Housing Authority Minutes 42 December 8, 2020 CCC Housing Authority Minutes 43 December 8, 2020 CCC Housing Authority Minutes 44 December 8, 2020 CCC Housing Authority Minutes 45 December 8, 2020 CCC Housing Authority Minutes 46 December 8, 2020 CCC Housing Authority Minutes 47 December 8, 2020 CCC Housing Authority Minutes 48 December 8, 2020 CCC Housing Authority Minutes 49 December 8, 2020 CCC Housing Authority Minutes 50 December 8, 2020 CCC Housing Authority Minutes 51 December 8, 2020 CCC Housing Authority Minutes 52 December 8, 2020 CCC Housing Authority Minutes 53 December 8, 2020 CCC Housing Authority Minutes 54 December 8, 2020 CCC Housing Authority Minutes 55 December 8, 2020 CCC Housing Authority Minutes 56 December 8, 2020 CCC Housing Authority Minutes 57 December 8, 2020 CCC Housing Authority Minutes 58 December 8, 2020 CCC Housing Authority Minutes 59 December 8, 2020 CCC Housing Authority Minutes 60 December 8, 2020 CCC Housing Authority Minutes 61 December 8, 2020 CCC Housing Authority Minutes 62 December 8, 2020 CCC Housing Authority Minutes 63 December 8, 2020 CCC Housing Authority Minutes 64 December 8, 2020 CCC Housing Authority Minutes 65 December 8, 2020 CCC Housing Authority Minutes 66 December 8, 2020 CCC Housing Authority Minutes 67 December 8, 2020 CCC Housing Authority Minutes 68 December 8, 2020 CCC Housing Authority Minutes 69 December 8, 2020 CCC Housing Authority Minutes 70 December 8, 2020 CCC Housing Authority Minutes 71 December 8, 2020 CCC Housing Authority Minutes 72 December 8, 2020 CCC Housing Authority Minutes 73 December 8, 2020 CCC Housing Authority Minutes 74 December 8, 2020 CCC Housing Authority Minutes 75 December 8, 2020 CCC Housing Authority Minutes 76 December 8, 2020 CCC Housing Authority Minutes 77 December 8, 2020 CCC Housing Authority Minutes 78 December 8, 2020 CCC Housing Authority Minutes 79 December 8, 2020 CCC Housing Authority Minutes 80 December 8, 2020 CCC Housing Authority Minutes 81 December 8, 2020 CCC Housing Authority Minutes 82 December 8, 2020 CCC Housing Authority Minutes 83 December 8, 2020 CCC Housing Authority Minutes 84 December 8, 2020 CCC Housing Authority Minutes 85 December 8, 2020 CCC Housing Authority Minutes 86 December 8, 2020 CCC Housing Authority Minutes 87 December 8, 2020 CCC Housing Authority Minutes 88 December 8, 2020 CCC Housing Authority Minutes 89 December 8, 2020 CCC Housing Authority Minutes 90 December 8, 2020 CCC Housing Authority Minutes 91 December 8, 2020 CCC Housing Authority Minutes 92 December 8, 2020 CCC Housing Authority Minutes 93 December 8, 2020 CCC Housing Authority Minutes 94 December 8, 2020 CCC Housing Authority Minutes 95 December 8, 2020 CCC Housing Authority Minutes 96 Attachment B.1 Summary of ACOP Changes 2021  Add language allowing remote interviews to be conducted for new applicants, and re- examination/interim appointments due to the result of weather, pandemic or illness.  Add language permitting interview appointment letters to be sent via email, or any other electronic method, to applicants or residents .  Clarified that HACCC reserves the right to request more than four pay stubs if staff feel that is needed to properly calculate rent portions.  Adopted an Emergency Transfer Plan outlining when external transfers from public housing to other covered housing programs will be considered.  Clarified that families who are transferring from one public housing unit to another have three days to vacate their original unit.  Clarified that when a single member household dies, HACCC will move to retake possession of the unit as legally permitted. However, staff will coordinate with whomever is responsible for claiming the personal effects of the deceased on the timing of this action.  Added a policy permitting remote hearings to be conducted as a result of weather, pandemic, illness, as a reasonable accommodation, or in other instances (such as a lack of childcare) determined appropriate by HACCC. Remote hearings will be properly noticed in advance and HACCC will provide technical assistance as needed.  Added language to ensure that pre-hearing discovery is granted whenever there is a remote hearing. HACCC will provide all relevant documents in advance of the hearing to the family and will also require that the family provide HACCC with advance copies of documents the family plans to submit at the hearing.  Clarified that application of COLAs for fixed sources of income would apply to annual reexaminations due 60 days after HACCC learns of the COLA’s effective date . December 8, 2020 CCC Housing Authority Minutes 97 Attachment C Summary of December, 2020 Administrative Plan Changes  Removed evidence of eviction from publicly or privately owned housing as a result of a criminal action during the past two years as a cause for termination of assistance;  Revised language on when a family is removed from a waiting list for failure to respond to HACCC outreach. Families now have up to one year or the expiration of the waiting list, whichever is sooner, to contact HACCC and to be reinstated to the wait list due to removal for failure to respond;  Clarified the methodology for calculating the market value of real estate assets for annual income determinations;  Clarified how HACCC would calculate reasonable child care expenses for Contra Costa County;  Clarified that application of COLAs for fixed sources of income would apply to annual reexaminations due 60 days after HACCC learns of the COLA’s effective date;  Clarify that HACCC reserves the right to request more than four pay stubs if staff feel that is needed to properly calculate rent portions;  Clarified the requirements for excluding financial aid assistance from a household’s rent determination;  Clarified that, for buildings where an owner rents unassisted units to the public in addition to assisted units, the unassisted unit rents will be considered for rent reasonableness determination;  Confirmed that HACCC has adopted an Emergency Transfer Plan to discuss external transfers to other covered housing programs;  Clarified when and how a family can request a review of how their rent was calculated and how to request an informal hearing if they disagree with HACCC’s decision;  Revised language that ensures equal and fair opportunity outreach to landlords regarding participation in the HCV program including efforts to reach persons with hearing, visual, and other communications-related disabilities and taking reasonable steps to ensure meaningful access to programs to persons with limited English proficiency;  Added language stating that landlords may keep the entire rental assistance payment for the month in which a family vacates a unit (as permitted by HUD);  Added regulatory language outlining the protections voucher clients have in the event their assisted unit undergoes foreclosure;  Added language that indicates HACCC will not voluntarily adopt the use of Small Area Fair Market Rents (SAFMR). SAFMRs will only be used if needed to establish exception payment standards in certain zip code areas.  Removed reference to “suspension” of a voucher term since this is not a viable option in administration of the HCV Program. The voucher term can be tolled, extended or terminated, but not suspended;  Added a policy permitting remote hearings to be conducted as a result of weather, pandemic, illness, as a reasonable accommodation, or in other instances (such as lack of December 8, 2020 CCC Housing Authority Minutes 98 childcare) determined appropriate by HACCC. Remote hearings will be properly noticed in advance and HACCC will provide technical assistance as needed;  Added language to ensure that pre-hearing discovery is granted whenever there is a remote hearing. HACCC will provide all relevant documents in advance of the hearing to the family and will also require that the family provide HACCC with advance copies of documents the family plans to submit at the hearing;  Streamlined language specifying who could be a hearing officer and clarified that it must not be a person involved in the decision-making process relevant to the violation that the family is disputing;  Added language reflecting the new PBV regulations that permit the maximum cap on PBV assisted units to increase by 10% from 20% to 30%. This 10% expansion only applies to units that are under a HAP contract first executed on, or after, April 18, 2017 and is only available for units designated for the homeless or veterans;  Updated language in the plan regarding when and how a Subsidy Layering Review is to be conducted when developing housing with PBV assistance;  Clarified HACCC’s policy on when it would limit the number of units it would fund in a PBV- assisted development. Only elderly units, or units covered by a supportive services agreement can be included as excepted units. Otherwise, all units will be included as permitted by PBV program regulations;  Clarified HACCC’s inspection policy to state that PBV families would not be assisted until the initial or turnover unit complies with the HQS requirements;  Updated the list of PBV-assisted properties to include the Terraces Family and the Terraces Senior Apartments in Richmond, CA;  Revised PBV waiting list language to permit unresponsive households who are removed from the wait list to be added back onto the waitlist without penalty within one year from their removal. Thereafter, they will have to re-apply when the list is re-opened;  Added language regarding special provisions applying to Tenant Protection Vouchers (TPV) awarded as part of a Voluntary Conversion of public housing units in projects that include RAD PBV units – These provisions are detailed under the RAD program regulations and laid out in Chapter 18 of the Plan;  Inserted a table that reflects the RAD provisions that are applicable to non-RAD units in a project;  Added language, in compliance with RAD regulations, detailing the protections available to tenants in RAD-assisted units;  Added a table to list the RAD-assisted projects in HACCC’s jurisdiction and which version of the HUD RAD regulations were applicable to each;  Numerous changes were made to the chapter 18 language regarding the applicability of RAD provisions to non-RAD assisted units in a project. HACCC has ten projects assisted with both RAD and PBV rental assistance. Initial guidance limited the RAD provisions to the RAD units, but that is no longer the case;  Language regarding the applicability of temporary and permanent relocation for Rad projects added to Chapter; December 8, 2020 CCC Housing Authority Minutes 99  Language added to distinguish between ownership entities under different applicable RAD Notices, but all essentially require that the ownership entity cannot be the PHA and should be a non-profit or non-profit affiliate of the PHA;  Added language confirming that when a PHA converts all of their Public Housing units, the PHA can use all of the operating funds it was receiving to operate the RAD units;  Included language that explains the various limitations on the maximum number of units permitted to be designated for RAD based on the applicable HUD RAD Notice;  Reaffirmed that no RAD units will be approved for occupancy until they meet HQS. HACCC will not be using alternative inspection standards;  Reemphasized the mandatory HAP Contract renewal requirement for RAD transactions;  Added a policy stating that newly admitted families to RAD units whose Total Tenant Payment exceeds the gross rent, will NOT be permitted to participate in the RAD rental assistance program. This is in accord with HUD regulations and will also apply to non-RAD units in the same project;  Added language to clarify that for initial RAD Certification, the family’s public housing rent will be used for calculating their housing assistance payment amount and tenant rent. Until their first annual reexamination. At the family’s first annual reexamination, the calculation will be completed based on HCV rent calculation methodologies and utility allowance guidance;  Clarified HACCC’s policy for implementing an increase in a family’s rent portion after conversion to the RAD PBV program. Increases will be tiered over the course of three years; December 8, 2020 CCC Housing Authority Minutes 100 B.1 (a) Housing Needs Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Based on the most recent Consolidated Plan for the County (2015-2020), of 335,053 households in the HOME Consortia area, there are 142,353 households or 42 percent of all households that are at 100 percent of Area Median Income (AMI) or below. Of these households, nearly 70 percent experience at least one or more housing problems as defined by HUD, with most housing issues experienced disproportionately by renters. Renters make up 35 percent of total households and 50 percent of those experiencing one or more housing problems. The area of greatest need is among renters in the extremely low-income category: 18,455 households, or 50 percent, experience substandard housing, overcrowding, or cost burden. Of those, 73 percent suffer from a cost burden of greater than 50 percent of income. According to HUD, disproportionate need refers to any need that is more than ten percentage points above the need demonstrated for the total households. The Contra Costa Consortium has 335,053 households, 142,353 of which have incomes below AMI. The number of households below AMI with a housing problem is 99,575, which represents about 70 percent of below-AMI households. While all racial/ethnic groups at particular income levels experience housing problems, there are three groups experiencing disproportionate housing need throughout the income spectrum. At the extremely low- income range (0-30 percent AMI) 84 percent of all households have a housing need, while 100 percent of American Indian/Alaska Natives experience a disproportionate need. At the low-income range (30-50 percent AMI), 74 percent of all households experience a housing need, while 88 percent of Black/African American and 85 percent of Hispanics experience a disproportionate housing need. At the moderate- income range (50-80 percent AMI), 64 percent of all households have a housing need, and 83 percent of Pacific Islanders experience a disproportionate housing need. At median income (80-100 percent AMI), 53 percent of all households have a housing need, while both Pacific Islanders (85 percent) and Hispanics (67 percent) experience a disproportionate housing need. The number of Contra Costa HOME Consortium households with a severe housing problem is 59,340, which represents about 43 percent of all households below 100 percent AMI. While all racial/ethnic groups experience housing problems at particular income levels, there are three groups experiencing disproportionate housing need throughout the income spectrum. At the extremely low-income range (0-30 percent AMI), 81 percent of all households have a severe housing need, and 88 percent (185 households) of Pacific Islanders experience a disproportionate need. At the low-income range (30-50 percent AMI), 48 percent of all households experience a housing need, while 58 percent of Hispanics experience a disproportionate severe housing need. At the moderate-income range (50-80 percent AMI), 32 percent of all households experience a housing need, while 46 percent of Pacific Islanders experience a disproportionate housing need. At the median income range (80-100 percent AMI), 20 percent of all households have a housing need, and an incredible 74 percent of Pacific Islanders experience a disproportionate severe housing need. Cost burden is defined as paying more than 30 percent of a household's income for housing. Severe cost burden is paying more than 50 percent of the household income for housing costs. In Contra Costa, 44 percent of all households are either cost burdened, or severely cost burdened. Pacific Islanders (473 households, or 37 percent) have a disproportionate cost burden. Both Black/African Americans (6,459 December 8, 2020 CCC Housing Authority Minutes 101 households, 28.8 percent) and Hispanics (14,343 households, 28.9 percent) experience disproportionate severe cost burden. There are 29,715 households with incomes at or less than 30 percent of the AMI with a housing problem. American Indians, Alaska Natives (140 households) have a disproportionate need. There are 24,762 households with incomes between 30 and 50 percent of the AMI with a housing problem. Black/African American (2,394 households) have a disproportionate need. There are 23,555 households with incomes between 50 and 80 percent of the AMI with a housing problem. Pacific Islanders (150 households) have a disproportionate need. There are 25,010 households with incomes at or less than 30 percent of the AMI with a severe housing problem. Pacific Islanders (185 households) have a disproportionate need. There are 16,142 households with incomes between 30 and 50 percent of the AMI with a housing problem. Hispanics (5,214 households) have a disproportionate need. There are 11,869 households with incomes between 50 and 80 percent of the AMI with a housing problem. Pacific Islanders (80 households) have a disproportionate need. 46.2% of the County’s renter households live in overcrowded housing. Among racial and ethnic groups reported in the Census, Latino/Hispanic households are most likely to live in crowded conditions in the County with 12.8% in such conditions. According to 2010 U.S. Census Data, the population of seniors 65 and older from 2000 to 2010 increased from 107,272 to 130, 432 in Contra Costa County, an increase of 21.5 percent. According to the American Community Survey (2008-12), 21.3 percent of households were headed by seniors. The three jurisdictions with the largest share of senior households are Walnut Creek (37.5 percent), Moraga (33.3 percent), and Orinda (30.9 percent) (ACS Data 2008-2012). Of the total County's senior population, nearly 35 percent have a disability limitation. Of all the jurisdictions in the County, San Pablo (51.1 percent), Pittsburg (46 percent), and Oakley (46.2 percent) have the highest share of senior populations living with disabilities. There are only approximately 10,200 assisted rental units affordable to lower-income households, of which, over 950 are at risk of converting to market rate housing. Over 7,000 beds in 473 residential care facilities are available for individuals with special needs, (such as frail elderly and persons with disabilities) who cannot live independently in conventional housing. However, this is significantly less than the population of frail elderly, disabled, and others who may need a supportive housing environment. Due to the ongoing gap in the availability of affordable housing, the County Consortium has assigned a high priority to new housing construction, homeownership assistance, and housing rehabilitation, particularly for households earning less than 50 percent of the area median income. Two final measures of need are seen in HACCC’s most recent housing choice voucher and public housing wait list openings. In November, 2008 the voucher wait list opening attracted nearly 40,000 families who applied for 6,000 positions on the wait list. In March 2017, nearly 17,000 families applied for the wait list for HACCC’s 1,091 unit public housing program. December 8, 2020 CCC Housing Authority Minutes 102 B.1 (c)Deconcentration Policy Deconcentration of Poverty and Income-Mixing [24 CFR 903.1 and 903.2] HACCC's admission policy must be designed to provide for deconcentration of povert y and income-mixing by bringing higher income tenants into lower income projects and lower income tenants into higher income projects. A statement of HACCC’s deconcentration policies must be included in its annual plan [24 CFR 903.7(b)]. HACCC’s deconcentration policy must comply with its obligation to meet the income targetin g requirement [24 CFR 903.2(c)(5)]. Developments subject to the deconcentration requirement are referred to as ‘covered developments’and include general occupanc y (family) public housing developments.The following developments are not subject to deconcentration and income mixing requirements: developments operated by a PHA with fewer than 100 public housing units;mixed population or developments designated specificall y for elderl y or disabled families; developments operated b y a PHA with only one general occupanc y development;developments approved for demolition or for conversion to tenant-based public housing;and developments approved for a mixed-finance plan using HOPE VI or public housing funds [24 CFR 903.2(b)]. Steps for Im plem entation [24 CFR 903.2(c)(1)] To implement the statutory requirement to deconcentrate povert y and provide for income mixing in covered developments,HACCC must comply with the following steps: Step 1. HACCC must determine the average inco me of all families residing in all HACCC's covered developments.HACCC may use the median income, instead of average income, provided that HACCC includes a written explanation in its annual plan justifying the use of median income. HACCC Policy HACCC will determine the average income of all families in all covered developments on an annual basis. Step 2. HACCC must determine the average inco me (or median income, if median income was used in Step 1)of all families residing in each covered development.In determining average income for each develop ment,HACCC has the option of adjusting its income analysis for unit size in accordance with procedures prescribed b y HUD. HACCC Policy HACCC will determine the average income of all families residing in each covered development (not adjusting for unit size) on an annual basis. Step 3. HACCC must then determine whether each of its covered developments falls above, within, or below the established income range (EIR),which is from 85%to 115% of the average famil y income determined in Step 1.However, the upper limit must never be less than the income at which a family would be defined as an extremely low income family (30%of median income). December 8, 2020 CCC Housing Authority Minutes 103 Step 4. HACCC with covered developments having average incomes outside the EIR must then determine whether or not these developments are consistent with its local goals and annual plan. Step 5.Where the income profile for a covered development is not explained or justified in the annual plan submission, HACCC must include in its admission policy its specific policy to provide for deconcentration of poverty and income mixing. Depending on local circumstances HACCC’s deconcentration policy may include, but is not limited to the following: Providing incentives to encourage families to accept units in developments where their income level is needed, including rent incentives,affirmative marketing plans, or added amenities Targeting investment and capital improvements toward developments with an average income below the EIR to encourage families with incomes above the EIR to accept units in those developments Establishing a preference for admission of working families in developments below the EIR Skipping a famil y on the waiting list to reach another famil y in an effort to further the goals of deconcentration Providing other strategies permitted by statute and determined b y HACCC in consultation with the residents and the community through the annual plan process to be responsive to local needs and PHA strategic objectives A family has the sole discretion whether to accept an offer of a unit made under HACCC's deconcentration policy.HACCC must not take any adverse action toward any eligible famil y for choosing not to accept an offer of a unit under HACCC's deconcentration policy [24 CFR 903.2(c)(4)]. If,at annual review, the average incomes at all general occupanc y developments are within the EIR,HACCC will be considered to be in compliance with the deconcentration requirement and no further action is required. Deconcentration Incentives HACCC has 3 general occupancy (family) public housing developments covered b y the deconcentration rule.None of these covered developments have average incomes above or below 85%to 115% of the average incomes of all such developments. The Contra Costa Housing Authority will analyze developments on a regular basis according to the deconcentration rule. December 8, 2020 CCC Housing Authority Minutes 104 B.2 New Activities: a) HOPE VI or Mixed Finance Modernization or Development. HACCC will continue to work with CSG Advisors and other consultants in order to identify funding mechanisms to rehabilitate or redevelop all of its public housing properties. HACCC’s goal is to preserve or increase the number of housing units affordable to public housing eligible families (regardless of whether they remain public housing specifically) and to provide adequate funding for these units over the long term. HACCC continues to evaluate and consider its options for development and preservation of its public housing portfolio. Addressing its needs may include applying for additional RAD, Choice Neighborhoods, a Phase II Energy Performance Contract or any other appropriate HUD programs. HACCC has already been awarded RAD funding for 214 units at Las Deltas in North Richmond (CA011-006, CA011-009A, CA011-009B). HACCC may also seek state and local funding through bonds, tax credits or any other available programs. The HACCC has recently completed a demolition action for 128 units at the Las Deltas (CA006 and CA009A) property in North Richmond and app roved for a disposition application for the remaining of the 32 units at Las Deltas(CA009b) in North Richmond. 107 units are being disposed through the RAD Conversion process and a separate application process is underway for demolition and disposition of those 107 units and correspo nding release of the DOT . Timeline: An application for demo/dispo of the RAD units was approved through HUD's Special Applications Center in October of 2019. Demolition of the units in properties 006 and 009A for the non - RAD units will commen ced during December o f 2019. HACCC shall be issuing a Request For Proposals from developers to submit suggestions for the development of the contiguous site of the property with an expectation to enter into an Exclusive Negotiating Agreement with the submitter with the best proposal after getting community input on the proposed development plans. 81 occupied units were assisted with relocation services and all units are now vacant . b) Conversion of Public Housing. HACCC continues to work with CSG Advisors and other consultants in order to identify funding mechanisms to rehabilitate or redevelop all of its public housing properties. If CSG’s analysis shows that a viable plan does not exist to adequately fund rehabilitation and ongoing maintenance at any of HACCC’s public housing properties, HACCC may submit voucher conversion applications for any of its public housing properties. HACCC also may submit applications to HUD for any other conversion funding programs that become available. It is expected that the next projects for consideration to convert to Project Based assistance will be El Pueblo in Pittsburg and Bayo Vista in Rodeo, CA. c) Homeownership. HACCC currently offers a homeownership voucher program. d) Project-based Vouchers. HACCC has already committed 1150 project-based vouchers (PBV). In addition, HACCC has approved 288 RAD PBV units for thirteen projects, including one under the RAD 2 component for conversion of a Mod Rehab Single Room Occupancy property and two from the City of Richmond. The RAD PBVs a re replacement housing for units removed from the public housing inventory at Las Deltas and the Richmond Housing Authority’s Public Housing disposition . The use of PBVs is consistent with HACCC’s PHA Plan. Among HACCC’s goals are to expand the supply o f assisted housing and to increase assisted housing choices. By utilizing PBVs from HACCC, developers are able to leverage funding and produce additional units of new or modernized affordable housing. HACCC plans to award PBV funding throughout its jurisdiction in order to provide affordable housing options for clients in as broad a geographic area as possible. HACCC may also utilize PBVs in any other public housing redevelopment/repositioning projects it may undertake. e) Moreover, it is anticipated that over the course of the next five years, four other sites from Richmond will be converted under RAD or Section 18 Demolition and Disposition that will allocate another 409 PBVs for HACCC to administer. December 8, 2020 CCC Housing Authority Minutes 105 Page 1 of 2 form HUD-50077-ST-HCV-HP (12/2014) Certifications of Compliance with PHA Plans and Related Regulations (Standard, Troubled, HCV-Only, and High Performer PHAs) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577 -0226 Expires 02/29/2016 PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications B.3 Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the___ 5-Year and/or_X_ Annual PHA Plan for the PHA fiscal year beginning 2021, hereinafter referred to as” the Plan”, of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof: 1.The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2.The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3.The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Res ident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented , and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4.The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 5.The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 6.The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions. 7.For PHA Plans that includes a policy for site based waiting lists: The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2010-25); The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing; The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). 8.The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 9.The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 11. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. Housing Authority of the County of Contra Costa Resolution No. 5230: PHA Certifications of Compliance with the PHA Plan and Related Regulations December 8, 2020 CCC Housing Authority Minutes 106 ___________________________________________________________________________________________________________ Page 2 of 2 form HUD-50077-ST-HCV-HP (12/2014) 12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 13. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 14. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 15. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 16. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act , the Residential Lead-Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 17. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 18. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 19. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identifie d by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s). HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA CA011 PHA Name PHA Number/HA Code X Annual PHA Plan for Fiscal Year 2021 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, 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, 3802). _______________________________________________________________________________________________________________________________________ Name of Authorized Official Title JOSEPH VILLARREAL EXECUTIVE DIRECTOR Signature Date December 8, 2020 CCC Housing Authority Minutes 107 December 8, 2020 CCC Housing Authority Minutes 108 December 8, 2020 CCC Housing Authority Minutes 109 December 8, 2020 CCC Housing Authority Minutes 110 C.1 Capital Improvements: See HUD Form- 50075.2 approved by HUD on 05/28/2020 December 8, 2020 CCC Housing Authority Minutes 111 RECOMMENDATIONS ADOPT the proposed 2021 meeting schedule for the Housing Authority of the County of Contra Costa Board of Commissioners, which has been coordinated with the Contra Costa County Board of Supervisors and the Contra Costa County Fire Protection District Board of Directors: March 9 May 18 July 13 September 14 December 7 BACKGROUND Each year, the Board of Commissioners adopts a meeting schedule that designates regular meeting dates and any dates on which meetings must be canceled in anticipation that a quorum of the Board will not be present. The proposed meeting schedule provides 5 meetings for the Board of Commissioners and has been coordinated with the Contra Costa County Board of Supervisors and the Contra Costa County Fire Protection District. The proposed meeting schedule recognizes the Action of Board On: 12/08/2020 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 Contact: Jami Napier, 655-2005 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: December 8, 2020 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: C.1 To:Contra Costa County Housing Authority Board of Commissioners From: Date:December 8, 2020 Contra Costa County Subject:2021 Meeting Schedule for the Housing Authority Board of Commissioners December 8, 2020 CCC Housing Authority Minutes 112 BACKGROUND (CONT'D) time demands on the Board members due to their participation on committees, and numerous regional and local legislative bodies and task forces, which require preparation, attendance, and involve travel. There are legal provisions to schedule a special meeting to address any urgent need that cannot be accommodated in the standing meeting schedule. The 2021 proposed meeting schedule has been prepared in consultation with the incoming Board Chair and the County Administrator and is recommended for the Board's adoption. The Board of Supervisors has already adopted its schedule. FISCAL IMPACT No fiscal impact. ATTACHMENTS 2021 Meeting Schedule December 8, 2020 CCC Housing Authority Minutes 113 CONTRA COSTA COUNTY BOARD OF SUPERVISORS 2021 MEETING SCHEDULE MEETING MEET OR HOUSING DATES NO MEETING AUTHORITY/SPECIAL EVENT (Tuesdays)CCCFPD **Jan 05 Meet Reorganization Meeting Jan 12 No Meeting **Jan 19 Meet FIRE Dr. Martin Luther King, Jr. Celebration Jan 26 Meet Board Retreat Feb 02 Meet Feb 09 Meet FIRE Feb 16 No Meeting President's Day Feb 23 No Meeting NACo Leg Conference, Feb 20-24, Washington, D.C. Mar 02 Meet Mar 09 Meet HA/FIRE Service Awards Mar 16 No Meeting Mar 23 Meet **Mar 30 Meet Cesar Chavez Celebration Apr 06 No Meeting Spring Break Apr 13 No Meeting **Apr 20 Meet Budget Hearings Apr 27 Meet FIRE May 04 No Meeting **May 11 Meet Budget Adoption May 18 Meet HA/FIRE May 25 No Meeting Jun 01 No Meeting Memorial Day Jun 08 Meet FIRE Jun 15 No Meeting Jun 22 Meet Service Awards Jun 29 No Meeting Fifth Tuesday Jul 06 No Meeting Independence Day Holiday Jul 13 Meet HA/FIRE Jul 20 No Meeting NACo Annual Conf, July 16-19, Austin, TX Jul 27 Meet Aug 03 Meet Aug 10 Meet FIRE Aug 17 No Meeting Summer Break Aug 24 No Meeting Summer Break Aug 31 No Meeting Summer Break Sep 07 Meet Labor Day Holiday **Sep 14 Meet HA/FIRE September 11 Remembrance Sep 21 Meet Service Awards Sep 28 No Meeting Oct 05 Meet Oct 12 Meet FIRE Oct 19 Meet Oct 26 No Meeting Nov 02 Meet **Nov 09 Meet FIRE Veterans Day Recognition Nov 16 Meet Nov 23 No Meeting Thanksgiving Holiday Nov 30 No Meeting CSAC Annual Meeting, Nov 30-Dec 3, Monterey, CA Dec 07 Meet HA/FIRE Dec 14 Meet Dec 21 No Meeting Christmas Dec 28 No Meeting **Special BOS Celebration or Hearing adopted October 13, 2020 December 8, 2020 CCC Housing Authority Minutes 114 RECOMMENDATIONS ACCEPT the 2nd Quarter 2020-2021 Unaudited Budget Report for the period ending 9/30/2020. BACKGROUND This report is intended to provide the Board of Commissioners with an overview of the financial operating position of the Housing Authority of the County of Contra Costa (HACCC) for the Period Ending 9/30/2020. The report begins with a summary of HACCC’s overall fiscal standing at the end of the quarter. The overall numbers are then broken down by individual funds. Each fund overview includes a brief program summary and an explanation of the variance between budgeted and actual performance. AGENCY OVERVIEW: Budget Report HACCC's overall budget position for the 2nd Quarter 9/30/2020 is shown in the chart below. Activity in the Public Housing Program had the most significant impact on HACCC's budget. Action of Board On: 12/08/2020 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 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: December 8, 2020 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: C.3 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:December 8, 2020 Contra Costa County Subject:2nd Quarter 2020-2021 Budget Report December 8, 2020 CCC Housing Authority Minutes 115 BACKGROUND (CONT'D) The variance in revenue and expenditures at the Agency Level is a summary of all variances reported at the program levels. The program revenue and expenditure variance summary is as follows: Revenue Variance Summary Housing Choice Vouchers favorable variance $ 16,422,474 State and Local favorable variance 326,262 Housing Certificate favorable variance 308,697 Public Housing favorable variance 121,429 Agency Favorable Variance $ 17,178,862 Expenditure Variance Summary Public Housing favorable variance $ 230,724 State and Local unfavorable variance 317,267 Housing Certificate unfavorable variance 388,150 Housing Choice Vouchers favorable variance 10,754,614 Agency Unfavorable Variance $ 11,229,307 HACC Agency Summary Annual Budget 2 nd Quarter Actual 9/30/2020 Remaining FY Estimate Annual Total Variance Revenue $ 181,082,890 $ 107,720,306 $ 90,541,446 $ 198,261,752 $ 17,178,862 Expenditures $ 181,185,078 $ 101,821,847 $ 90,592,538 $ 192,414,385 $ 11,229,307 $ (102,188)$ 5,898,459 $ (51,092)$ 5,847,367 The net change to overall reserves was an increase of $5,898,459. The summary of Agency Reserves by Program and type is as follows: Analysis of Agency Reserves Beginning Balance 4/1/20 (Audited) 2 nd Quarter ending 9/30/2020 (Unaudited) Reserve Balance period ending 9/30/2020 (Unaudited) Total Reserves $ 32,749,897 $ 5,898,459 $ 38,378,356 Net Invested in Capital Assets Housing Choice Vouchers $ 353,583 $ 335,217 $ 688,800 Public Housing & Cap. Funds $ 6,419,660 $ 1,040,538 $ 7,460,198 State & Local Programs $ 13,474,466 $ (412,420)$ 13,062,046 Housing Certificates Programs -0--0--0- Total Capital Assets $ 20,247,709 $ 963,335 $ 21,211,044 Restricted Reserves Housing Choice Vouchers $ -0-$ -0-$ -0- Public Housing & Cap. Funds $ -0-$ -0-$ -0- State & Local Programs $ -0-$ 199,617 $ 199,617 December 8, 2020 CCC Housing Authority Minutes 116 Housing Certificates Programs $ -0-$ -0-$ -0- Total Restricted Reserves $ -0-$ 199,617 $ 199,617 Unrestricted Reserves Housing Choice Vouchers $ 4,466,902 $ 5,138,377 $ 9,605,279 Public Housing & Cap. Funds $ 2,284,261 $ (17,294)$ 2,266,967 State & Local Programs $ 5,481,025 $ (306,123)$ 5,174,902* Housing Certificates Programs $ -0- .$ (79,453)$ (79,453) Total Unrestricted Reserves $ 12,232,188 $ 4,735,507 $ 16,967,695 *Reserve levels do not include unfunded pension & OPEB (Other Post-Employment Benefits) liability of roughly $16.3 million. 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 reserves that can be used freely are unrestricted reserves within the State and Local Programs that are not tied to the tax credit properties. These reserves can be used to support any of HACCC’s programs. FUNDS OVERVIEW: Housing Choice Vouchers Program Summary - The HCV program provides assistance to families in the private rental market. HACCC qualifies families for the program based on income. These 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 a maximum of 9,280 families. However, due to funding constraints utilization is currently at 7,970. Summary of Difference Between Budgeted and Annual Estimate : Revenue – The $16,422,474 revenue difference is primarily a result of increased funding in HAP payments in the amount of $8,740,267. In addition, the Agency received $4,137,938 in CARES funding, increased Portability activities of $2,556,969, and an increase of $ 987,300 in administrative fees. Expenditures- The -$10,754,614 expenditure difference is primarily a result of an $8,740,267 increase in HAP payments. In addition, the Agency had increased HAP for Portability of $2,556,969 and a savings of $ 542,622 in operating costs. Housing Choice Vouchers Annual Budget 2 nd Quarter Actual 9/30/2020 (Unaudited) Remaining FY Estimate Annual Total Variance Revenue $ 154,948,218 $ 93,896,583 $ 77,474,109 $ 171,370,692 $ 16,422,474 Expenditures $ 155,336,751 $ 88,422,990 $ 77,668,375 $ 166,091,365 $ 10,754,614 $ (388,533)$ 5,473,593 $ (194,266)$ 5,279,327 Analysis of Program Reserves: Public Housing Operating and Capital Funds Program Summary - HACCC owns and manages 1,179 public housing units at 16 different sites throughout the County. The Agency is currently in the process of disposing roughly 196 units on 3 sites. The Operating funds for these properties come from tenant rents as well as an operating subsidy received from HUD that is designed to cover the gap between rents collected from the low-income tenants and annual operating expenses. HUD allocates the Capital Fund annually via formula to approximately 3,200 Housing Choice Vouchers Beginning Balance 4/1/2020 (Unaudited) 2 nd Quarter Actual 9/30/2020 (Unaudited) Reserve Balance period ending 9/30/2020 (Unaudited) Net Invested in Capital Assets $ 353,583 $ 335,217 $ 688,800 Restricted Reserves $ -0-$ -0-$ -0- Unrestricted Reserves $ 4,466,902 $ 5,138,377 $ 9,605,279 Total Reserves $ 4,820,485 $ 5,473,594 $10,294,079 December 8, 2020 CCC Housing Authority Minutes 117 low-income tenants and annual operating expenses. HUD allocates the Capital Fund annually via formula to approximately 3,200 housing authorities. Capital Fund grants may be used for development, financing, modernization, and management improvements within public housing. Summary of Difference Between Budgeted and Annual Estimate : Revenue – The $121,429 revenue difference is primarily a result of CARES currently recorded in the amount of $ 709,717 and $314,234 in increased Capital Funding. The primary reductions in revenue are Operating Subsidy of -$739,571 and Dwelling Rent loss of -$162,950. Expenditures - The $230,724 expenditure difference is a result of reduced operating costs in labor & benefits. Public Housing Operating and Capital Fund Annual Budget 2 nd Quarter Actual 9/30/2020 (Unaudited) Remaining FY Estimate Annual Total Variance Revenue $ 13,577,775 $ 6,910,316 $ 6,788,888 $ 13,699,204 $ 121,429 Expenditures $ 12,235,591 $ 5,887,072 $ 6,117,795 $ 12,004,867 $ (230,724) $ 1,342,184 $ 1,023,244 $ 671,093 $ 1,694,337 Analysis of Program Reserves: Public Housing & Capital Fund Beginning Balance 4/1/2020 (Unaudited) 2 nd Quarter Actual 9/30/2020 (Unaudited) Reserve Balance period ending 9/30/20 (Unaudited) Net Invested in Capital Assets $ 6,419,660 $ 1,040,538 $ 7,460,198 Restricted Reserves $ -0-$ -0-$ -0- Unrestricted Reserves $ 2,284,261 $ (17,294)$ 2,266,967 Total Reserves $ 8,703,921 $ 1,023,244 $ 9,727,165 State and Local Programs Program Summary - HACCC administers a variety of programs and activities that are either not funded by HUD or that involve non-restricted HUD funds. Currently, HACCC is the managing general partner for two tax credit projects (DeAnza Gardens & Casa Del Rio). HACCC receives management fees for administering the Public Housing and HCV programs under HUD’s asset-management model. In addition, the State and Local Program manages the employee pension and OPEB benefit program. Summary of Difference between Budgeted and Annual Year-End Estimate: Revenue –The $326,262 revenue difference is primarily related to a $354,381 increase in revenue related to our tax credit properties and -$28,119 decrease in management fees from our federal programs. Expenditures - The $317,267 expenditure difference is primarily related to an increase in operational cost of $198,047 and a $119,220 increase in Tax Credit property costs. State & Local Programs Annual Budget 2 nd Quarter Actual 9/30/2020 (Unaudited) Remaining FY Estimate Annual Total Variance Revenue $ 6,717,909 $ 3,685,216 $ 3,358,955 $ 7,044,171 $ 326,262 Expenditures $ 7,773,748 $ 4,204,141 $ 3,886,874 $ 8,091,015 $ 317,267 $ (1,055,839)$ (518,925)$ (527,919)$ (1,047,219) December 8, 2020 CCC Housing Authority Minutes 118 Analysis of Reserves: State & Local Programs Beginning Balance 4/1/2020 Unaudited 2 nd Quarter Actual 9/30/2020 (Unaudited) Reserve Balance Period ending 9/30/2020 (Unaudited) Net Invested in Capital Assets $ 13,474,466 $ (412,420)$ 13,062,046 Restricted Reserves $ -0-$ 199,617 $ 199,617 Unrestricted Reserves $ 5,481,025*$ (306,123)$ 5,174,902* Total Reserves $ 18,955,491*$ (518,926)$ 18,436,565* * does not include the unfunded pension & OPEB liability of roughly 16.3 million. Housing Certificate Programs Program Summary - HACCC administers a Housing Certificate Program tied to the Continuum of Care Program (formerly known as Shelter Plus Care). The Continuum of Care Program provides rental assistance for hard-to-serve homeless persons with disabilities in connection with supportive services funded from sources outside the program. HACCC assists approximately 327 clients under this program. Summary of Difference Between Budgeted and Annual Year-End Estimate: Revenue- The $308,697 revenue difference is an increase HAP funding of $510,464 and a decrease of -$125,156 in Supportive Service and a decrease in administrative funding of -$76,612. Expenditures- The -$388,150 expenditure difference is a result of a $524,681 increase in HAP items and a decrease of CCHS support services and operating costs of $162,606. Housing Certificate Programs Annual Budget 2 nd Quarter Actual 9/30/2020 (Unaudited) Remaining FY Estimate Annual Total Variance Revenue $ 5,838,988 $ 3,228,191 $ 2,919,494 $ 6,147,685 $ 308,697 Expenditures $ 5,838,988 $ 3,307,644 $ 2,919,494 $ 6,227,138 $ 388,150 $ -0-$ (79,453)$ -0-$ (79,453) Analysis of Reserves: Housing Certificate Programs Beginning Balance 4/1/2020 Audited 2 nd Quarter Actual 9/30/2020 (Unaudited) Reserve Balance period ending 6/30/2020 (Unaudited) Restricted Reserves $ -0-$ -0-$ -0- Unrestricted Reserves $ -0-$ (79,453)$ (79,453) Total Reserves $ -0-$ (79,453)$ (79,453) FISCAL IMPACT None. Information item only. December 8, 2020 CCC Housing Authority Minutes 119 RECOMMENDATIONS ADOPT and APPROVE the Housing Choice Voucher payment standards for the Housing Authority of the County of Contra Costa effective October 1, 2020. BACKGROUND Payment standards are used to calculate the housing assistance payment (HAP), or subsidy, that a housing authority (HA) will pay on behalf of families leasing units under the program. Each HA must establish a schedule of payment standard (PS) amounts by bedroom size. The range of possible payment standard amounts is based on HUD’s published fair market rent (FMR) schedule for the FMR area within which the HA has jurisdiction. HACCC’s payment standards are based on the FMRs for the Oakland-Fremont, CA Metro area which includes all of Alameda and Contra Costa Counties. FMRs are based on the 40th percentile of rents charged for standard housing in the FMR area. This is the dollar amount below which 40 percent of the standard-quality rental housing units are rented. HAs may set their payment standards amounts from 90% to 110% of the published FMRs without HUD approval. Payment standards can be set higher or lower than this basic range in response to market conditions with HUD approval. Action of Board On: 12/08/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS 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: December 8, 2020 Joseph Villarreal, Executive Director By: , Deputy cc: C.2 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:December 8, 2020 Contra Costa County Subject:ADOPT AND APPROVE THE HOUSING CHOICE VOUCHER PAYMENT STANDARDS EFFECTIVE OCTOBER 1, 2020 December 8, 2020 CCC Housing Authority Minutes 120 BACKGROUND (CONT'D) The level at which the payment standards are set directly affects the amount of subsidy a family will receive, and the amount of rent paid by program participants. If the payment standard amount is too low: Families may need to pay more for rent than they can afford; or Families may have a hard time finding acceptable units or units in more desirable areas; or Housing choices will be narrowed and the HA’s efforts to affirmatively further fair housing will be undermined. If the payment standards amounts are too high, owners may be encouraged to ask for higher than reasonable rents. As approved by the Board on January 12, 2016, HACCC's payment standards were split into two different amounts. One payment standard was established for all cities located in East County and a second payment standard was established for the rest of the cities in HACCC's jurisdiction. This was done to give families greater access to housing opportunities in low poverty neighborhoods throughout the County and to limit the tendency for families to lease in high poverty areas concentrated in East County The proposed payment standards are shown below. They are based on the revised FMRs published by HUD on August 14, 2020, and made effective on October 1, 2020. The results of the study indicated that FMRs for all bedroom-size units have gone up between 3.83% and 7.19%. Since payment standards must be within a range of 90% to 110% of the FMR, HACCC was had to change some of the old Payments Standards in the non-East County areas because they have dropped below the minimum threshold ranges. In June of 2020, the payment standards for the East County cities of Antioch, Bay Point, Bethel Island, Brentwood, Byron, Discovery Bay, Knightsen, and Oakley were set between 95.30% and 99.18% of the FMRs. For this coming year, the East County Payment Standards will be set between 92.99% and 95.01% of the newly revised FMRs, but the dollar amount reflects the same amount as the amount in place as of June 1, 2020. For the rest of the County, HACCC's Payment Standards fell below the HUD required range of 90% to 110% of the FMRs. In June of 2020, the Payment Standards were set between 104.81% and 109.07% of the FMR. The new payment standards are set at approximately 105% with the dollar figures increasing slightly across all bedroom sizes. The proposed payment standards and the new FMRs are as follows: EAST COUNTY - Antioch, Bay Point, Bethel Island, Brentwood, Byron, Discovery Bay, Knightsen, Oakley 0-BR 1-BR 2-BR 3-BR 4-BR 5-BR 6-BR 7-BR PS $1,515 $1,837 $2,264 $3,036 $3,593 $4,131 $4,670 $5,212 FMR $1,595 $1,934 $2,383 $3,196 $3,863 $4,442 $5,022 $5,601 % of FMR 94.98%94.98%95.01%94.99%93.01%93.00%92.99%93.05% All Other Cities Except Pittsburg and Richmond: 0-BR 1-BR 2-BR 3-BR 4-BR 5-BR 6-BR 7-BR December 8, 2020 CCC Housing Authority Minutes 121 PS $1,675 $2,031 $2,502 $3,356 $4,056 $4,664 $5,273 $5,881 FMR $1,595 $1,934 $2,383 $3,196 $3,863 $4,442 $5,022 $5,601 % of FMR 105.02%105.02%104.99%105.01%105.00%105.00%105.00%105.00% The changes will be effective October 1, 2020. All annual certifications that have already been processed will not have to be re-calculated since the implementation date of the new payment standards will be January 1, 2020. However, all new contracts and tenancies will begin to use the new Payment Standards on or after October 1, 2020 FISCAL IMPACT Funding for this program is provided by the U.S. Department of Housing and Urban Development (HUD). Funding for the proposed change is provided for in the Housing Authority of the County of Contra Costa's (HACCC) current budget. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners not adopt and approve the proposed payment standards, then HACCC will not be in compliance with HUD regulations and could be subject to financial sanctions or other penalties. December 8, 2020 CCC Housing Authority Minutes 122 RECOMMENDATIONS ADOPT Resolution No. 5231 to invest HUD and non-HUD funds according to HACCC’s Investment Policy. BACKGROUND California Government Code (CGC) section 53646(a)(2)] requires staff to annually prepare and submit a statement of investment policy, and any changes thereto, to the Board of Commissioners for consideration at a public meeting. HACCC’s Investment Policy was developed following guidelines set forth both by the State and the U.S. Department of Housing and Urban Development (HUD). In general, the State’s approach to investing public funds is outlined in CGC Section 53600.5, which reads as follows: When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, the primary objective of a trustee shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a return on the funds under its control. Action of Board On: 12/08/2020 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 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: December 8, 2020 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: C.5 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:December 8, 2020 Contra Costa County Subject:ANNUAL REVIEW AND APPROVAL OF INVESTMENT POLICY December 8, 2020 CCC Housing Authority Minutes 123 BACKGROUND (CONT'D) The majority of HACCC’s funds are federal moneys received from HUD. When investing these moneys, HACCC must follow both the broad guidelines listed above as required by the State and HUD’s more specific requirements set forth in HUD PIH Notice 2002-13. It authorizes housing authorities to invest HUD funds in the following: United States Treasury Bills, Notes and Bonds; Obligations issued by Agencies or Instrumentalities of the U.S. Government; State or Municipal Depository Funds, such as the Local Agency Investment Fund (LAIF) or pooled cash investment funds managed by County treasurers; Insured Demand and Savings Deposits, provided that deposits in excess of the insured amounts must be 100% collateralized by federal securities; Insured Money Market Deposit Accounts; Insured SUPER NOW accounts, provided that deposits in excess of the insured amount must be 100% collateralized by federal securities; Negotiable Certificates of Deposit issued by federally or state chartered banks or associations, limited to no more than 30% of surplus funds; Repurchase/Reverse Repurchase Agreements of any securities authorized by this section; securities purchased under purchase agreements shall be no less than 102% of market value; Sweep Accounts that are 100% collateralized by federal securities; Shares of beneficial interest issued by diversified management companies investing in the securities and obligations authorized by this Section (Money Market Mutual Funds); Funds must carry the highest rating of at least two national rating agencies and are limited to not more than 20% of surplus funds; Funds held under the terms of a Trust Indenture or other contract or agreement including the HUD/PHA Annual Contributions Contract, may be invested according to the provisions of those indentures or contracts; and Any other investment security authorized under the provisions of HUD Notice PIH 02-13. Any non-HUD monies controlled by HACCC may be invested in the following instruments permitted by the State (CGC Section 53601 et. seq.): Bonds issued by the local entity with a maximum maturity of five years; United States Treasury Bills, Notes and Bonds; Registered state warrants or treasury notes or bonds issued by the State of California; Bonds, notes, warrants or other evidence of debt issued by a local agency within the State of California, including pooled investment accounts sponsored by the State of California, County Treasurer, other local agencies or Joint Powers Agencies; Obligations issued by Agencies or Instrumentalities of the U.S. Government; Bankers Acceptances with a term not to exceed 270 days, limited to 40% of surplus funds; no more than 30% of surplus funds can be invested in Bankers Acceptances of any single commercial bank; Prime Commercial Paper with a term not to exceed 180 days and the highest-ranking December 8, 2020 CCC Housing Authority Minutes 124 issued by Moody’s Investors Service or Standard & Poor’s Corp., limited to 15% of surplus funds; provided that if the average total maturity of all commercial papers does not exceed 31 days up to 30% of surplus funds can be invested in commercial papers. Negotiable Certificates of Deposit issued by federally or state-chartered banks or associations, limited to not more than 30% of surplus funds; Repurchase/Reverse Repurchase Agreements of any securities authorized by this Section, securities purchased under these agreements shall be no less than 102% of market value. Securities purchased under reverse repurchase agreements shall be for temporary and unanticipated cash flow needs only. Medium-term notes (not to exceed two years) of U.S. corporations rated “AAA” or better by Moody’s or Standard & Poor’s limited to not more than 30% of surplus funds; Shares of beneficial interest issued by diversified management companies investing in the securities and obligations authorized by this Section (Money Market Mutual Funds), limited to not more than 15% of surplus funds; Funds held under the terms of a Trust Indenture or other contract or agreement may be invested according to the provisions of those indentures or agreements; Collateralized bank deposits with a perfected security interest in accordance with the Uniform Commercial Code (UCC) or applicable federal security regulations; Any mortgage pass-through security, collateralized mortgage obligation, mortgaged backed or other pay-through bond, equipment least-backed certificate, consumer receivable pass-through certificate or consumer receivable backed bond of a maximum maturity of five years, securities in this category must be rated AA or better by a national rating service and are limited to not more than 30% of surplus funds; Any other investment security authorized under the provisions of California Government Code Sections 5922 and 53601. HACCC takes a conservative approach to investing. In the past, the majority of HACCC’s available funds (over 50%) have been placed in the Local Agency Investment Fund (LAIF), an investment alternative for California's local governments and special districts that is under the oversight of the State Treasurer. Investments in LAIF are highly liquid, as deposits can be converted to cash within twenty-four hours without loss of interest or principal. Under Federal Law, the State of California cannot declare bankruptcy, thereby providing some assurance that the investments are secure. HACCC’s remaining investments are in certificates of deposit, money market accounts and government securities. As a result of HUD's recapture of the Section 8 housing assistance payment reserves from every housing authority, the percentage of HACCC's invested funds held by LAIF has decreased to 2.70%. In order to monitor HACCC’s compliance with the Investment Policy, staff provide the Board of Commissioners with quarterly reports showing HACCC’s investments and any recent activity or changes in those investments as required by CGC Section 53646(b). Compliance with the Investment Policy is also reviewed during HACCC’s independent audit. HACCC has had no findings or comments regarding its investment activity. December 8, 2020 CCC Housing Authority Minutes 125 Staff’s recommendation is to maintain HACCC’s current policy (see attachment). The attached policy was originally approved by the Board in 2007. FISCAL IMPACT This policy requires the Housing Authority of the County of Contra Costa (HACCC) to take a prudent approach to investing and that HACCC will not make any speculative investments, considering the probable safety of the capital as well as the probable income to be derived. The primary objectives of HACCC’s investment activities, in order of priority, are: safety; liquidity; return on investment. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners elect not to adopt Resolution No. 5231 approving the Investment Policy for the Housing Authority of the County of Contra Costa, HACCC would not be in compliance with HUD regulations and California Government Code. AGENDA ATTACHMENTS Investment Policy MINUTES ATTACHMENTS Signed Resolution No. 5231 December 8, 2020 CCC Housing Authority Minutes 126 December 8, 2020CCC Housing Authority Minutes127 December 8, 2020CCC Housing Authority Minutes128 December 8, 2020CCC Housing Authority Minutes129 December 8, 2020CCC Housing Authority Minutes130 December 8, 2020CCC Housing Authority Minutes131 December 8, 2020CCC Housing Authority Minutes132 December 8, 2020CCC Housing Authority Minutes133 December 8, 2020 CCC Housing Authority Minutes 134 RECOMMENDATIONS RECEIVE the Housing Authority of the County of Contra Costa’s investment report for the quarter ending September 30, 2020. BACKGROUND California Government Code (CGC) section 53646 requires the Housing Authority of the County of Contra Costa (HACCC) to present the Board of Commissioners with a quarterly investment report that provides a complete description of HACCC’s portfolio. The report is required to show the issuers, type of investments, maturity dates, par values (equal to market value here) and the current market values of each component of the portfolio, including funds managed by third party contractors. It must also include the source of the portfolio valuation (in HACCC’s case, it is the issuer). Finally, the report must provide certifications that (1) all investment actions executed since the last report have been made in full compliance with the Investment Policy and; (2) HACCC will meet its expenditure obligations for the next six months. (CGC 53646(b)). The state-mandated report has been amended to indicate the amount of interest earned and how the interest was allocated. The amended report is attached. Action of Board On: 12/08/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS 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: December 8, 2020 Joseph Villarreal, Executive Director By: , Deputy cc: C.4 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:December 8, 2020 Contra Costa County Subject:INVESTMENT REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2020 December 8, 2020 CCC Housing Authority Minutes 135 BACKGROUND (CONT'D) In summary, HACCC had $24,128.02 in interest earnings for the quarter ending September 30, 2020. That interest was earned within discrete programs and most of the interest earned is available only for use within the program which earned the interest. Further, interest earnings may be restricted to specific purposes within a given program. The Housing Choice Voucher Program reserve as of 12/31/2013 held in cash and investments was transitioned to HUD held program reserve account. Non-restricted interest earnings within both the voucher and public housing programs must be used solely within those programs, but such interest earnings can be used for a wider range of purposes within the individual programs. The interest earned in the State and Local fund can be used for any purpose within HACCC’s scope of operations. The interest earned for the quarter ending September 30, 2020 is shown below. A more detailed report is attached. Public Housing Housing Choice Voucher Fund Central Office State & Local Unrestricted Interest Earned Restricted Interest Earned Unrestricted Interest Earned Unrestricted Interest Earned Unrestricted Interest Earned $10,243.53 $7,397.26 $2,858.56 $3,628.67 FISCAL IMPACT None. For reporting purposes only. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners elect not to accept the investment report, it would result in an audit finding of non-compliance and could ultimately affect future funding from the U.S. Department of Housing and Urban Development (HUD). ATTACHMENTS Investment Report 9.30.2020 December 8, 2020 CCC Housing Authority Minutes 136 December 8, 2020 CCC Housing Authority Minutes 137 December 8, 2020 CCC Housing Authority Minutes 138 December 8, 2020 CCC Housing Authority Minutes 139 December 8, 2020 CCC Housing Authority Minutes 140