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HomeMy WebLinkAboutMINUTES - 10172007 - HA3 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: February 11, 2003 SUBJECT: AGENCY PLAN FOR FISCAL YEAR 2003 FOR THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA HOUSING AUTHORITY AS MANDATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE the Public Housing Agency (PHA) Annual Plan for Fiscal Year 2003. APPROVE the "PHA Certification of Compliance with the PHA Plans and Related Regulations Board Resolution to Accompany the PWA Plan" Resolution No. 5035. AUTHORIZE the Chair to sign the above mentioned Board Resolution, and AUTHORIZE the Executive Director to sign any other required documentation related to the PHA Agency Plan. IL FINANCIAL IMPACT: None. Ill. REASONS FOR RECOMMENDATION/BACKGROUND Under the federal Quality Housing and Work Responsibility Act of 1998 (QWHRA) each PHA must annually submit an Annual Plan for the upcoming fiscal year. To fulfill this requirement the Housing Authority conducted a planning process to prepare its Annual Plan for fiscal year 2003. Notices were published in newspapers of general circulation and posted at each of the Housing Authority's developments to inform the residents of the new Annual Plan, the scheduled public hearing date and to solicit comments. At a scheduled public hearing on January 16, 2003 comments and recommendations were received and are reflected in the 2003 Annual Plan. Attached is an executive summary of the Annual Plan. The public notification also welcomed comments and recommendations at the regularly scheduled Housing Authority Advisory Commission meeting on January 27, 2003, at which time the Advisory Commission approved the Housing Authority's Annual Plan for fiscal year 2003. The Housing Authority is requesting approval for its fiscal year 2003 Annual and PHA Five Year Plan. HUD requires this plan be considered for approval annually. CONTINUED ON ATTACHMENT: YES SIGNATURE /t* ,:/RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)- ACTION OF BCA6 D ON Febr24a 11, 2003 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT III ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED Febp4pa 11, 2003 JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY t �,� L,t� �' PUTY eldrwnrc U.S.Department of Housing and Urban Development Office ofPublic and Indian Housing Resolution No. 5035 PHA Certifications of Compliance with the PRA Plans and Related Regulations Board Resolution to Accompany the PHA Plan 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 Plan and Annual Plan for PHA fiscal year beginning 2 0 0 3 ,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 Development(HUD)in connection with the submission of the Plan and implementation thereof I. 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 Board or Boards in developing the Plan,and considered the recommendations of the Board or Boards(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 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, identify any impediments to fair housing choice within those programs,address 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 maintain records reflecting these analyses and actions. 7. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's MTCS in an accurate,complete and timely manner(as specified in PTH Notice 99-2); • 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 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 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). PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 1 of 3 U.S.Department of Housing and Urban Development Office of Public and Indian Housing 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 has submitted with the Plan a certification with regard to a drug free workplace required by 24 CFR Part 24,Subpart F. 12. The PHA has submitted with the Plan a certification with regard to compliance with restrictions on lobbying required by 24 CFR Part 87,together with disclosure forms if required by this Part,and with restrictions on payments to influence Federal Transactions,in accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24. 13. For PHA Plan that includes a PHDEP Plan as specified in 24 CFR 761.21:The PHDEP Plan is consistent with and conforms to the"Plan Requirements"and"Grantee Performance Requirements"as specified in 24 CFR 761.21 and 761.23 respectively and the PHA will maintain and have available for review/inspection(at all times),records or documentation of the following: • Baseline law enforcement services for public housing developments assisted under the PHDEP plan; • Consortium agreement/s between the PHAs participating in the consortium and a copy of the payment agreement between the consortium and HUD(applicable only to PHAs participating in a consortium as specified under 24 CFR 761.15); • Partnership agreements(indicating specific leveraged support)with agencies/organizations providing funding,services or other in-kind resources for PHDEP-funded activities; • Coordination with other law enforcement efforts; • Written agreement(s)with local law enforcement agencies(receiving any PHDEP funds);and • All crime statistics and other relevant data(including Part I and specified Part II crimes)that establish need for the public housing sites assisted under the PHDEP Plan, 14. 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. 15. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 16. The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58. 17. 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. 18. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 19. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35. 20. 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)and 24 CFR Part 85(Administrative Requirements for Grants and Cooperative Agreements to State,Local and Federally Recognized Indian Tribal Governments.). 21. 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. PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 2 of 3 U.S.Department of Housing and Urban Development Office of Public and Indian Housing 22. 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 attachments at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. Housing Authority of the Critsnty of Contra Casta _C Q 1 PHA Dame PHA Number Signed/Dated by PHA Burd Chair or other authorized PHA official PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 3 of 3 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA AGENCY PLAN EXECUTIVE SUMMARY Overview The Quality Housing and Work Responsibility Act of 1:998 (QHWRA), implemented many significant changes affecting the programs generally managed by public housing agencies (PHAs), specifically the HUD-funded Section 8 Housing Choice Voucher program and the public housing programs. It is a requirement that PHAs develop and adopt a Five-Year Plan and an Annual Plan, collectively referred to as the Agency Plan. The Agency Plan is intended to advise HUD, the public and the clients of the individual PHAs adopted mission for serving its jurisdiction's low-income households, and its strategies for addressing the housing and related needs identified for those households. According to its published Final Rule regarding the Agency Plan, the U. S. Department of Housing and urban Development (HUD) describes the Five-Year Plan as the part that describes the mission of the PHA along with its goals and objectives for achieving its mission over the next five years. The Agency Plan, on the other hand, provides details on the PHAs' immediate operations, programs and services, participant characteristics, strategies for handling any operational concerns, residents' needs, and planned programs and services for the upcoming fiscal year. Both of these planning mechanisms (the Five-Year and the Annual Plans) require the PHA to examine its existing operations and needs and to design long and short-range strategies to address the needs. Adoption of the Agency Plan follows an analysis and public review process that incorporates input from a Resident Advisory Board (RAB), representing both public housing tenants and Section 8 participants, and final Agency Plan adoption by the PHAs' governing board after a public hearing. During RAB meetings there were recommended several changes to the draft Agency Plan initially prepared by the staff of the Housing Authority of the County of Contra Costa, and the fiscal year 2003 Annual Plan and PHA Five Year Plan is now ready for submission to your Board for approval. Review Process In response to the federal Quality Housing & Work Responsibility Act of 1998 (QHWRA) the Authority conducted a planning process to prepare the Agency Plan for the year 2003. A briefing on the Agency Plan was given at a meeting of the Residents Advisory Board (RAB) on November 13 and December 12, 2002 to provide updates and changes, and, to respond to any questions or concerns to the proposed Agency Plan for fiscal year 2003/2004. The RAB had given their tentative approval on December 12, pending the outcome of the public hearing. On January 16, 2003, a public hearing was held to entertain questions or comments relative to the Agency Plan for 2003. Other than grammatical or format issues there were no substantive recommendations or comments related to the Agency Plan. However, written comments were received from a Bayo Vista C:WINDOWSUemporary Internet Flles\OLK6004M Annual Plan Ex Sum 2003.doc resident regarding the review process and certifications. Staff initially reviewed these comments and found nothing to warrant changing any item in the Agency Plan. Staff will be reviewing the comments and observations in preparation for a response directly to the resident. Immediately after the public hearing the president of the RAB convened a meeting of those RAB members attending the public hearing. The attending RAB members unanimously approved the Agency Plan for 2003. Agency Plan Summary Because the Housing Authority of the County of Contra Costa is rated by HUD as a "High Performer", QHWRA allows the HACCC to submit a "streamlined" or shortened version of the complete Agency Plan. The following components are mandatory inclusions for all PHA agency plans and are included in the attached review draft of the HACCC Agency Plan. Five-Year Plan Mission Statement: "Providing high quality affordable housing solutions and promoting self-sufficiency for low income people of Contra Costa County." Coals: Annual! Plan Statement of Local Housing Needs: General numbers of households by ethnicity and income levels; needs of households on waiting lists; strategies to increase housing opportunities, such as local preferences. Statement of Financial Resources: Current and anticipated funding sources and budgets. PHA Policies Governing Eligibility, Selection and Admissions: Public Housing and Section 8 waiting lists, selection and screening policies; deconcentration plan. PHA Rent Determination Policies: HACCC determination of flat rents for Public Housing; selection of Payment Standards for the new Section 8 Housing Choice Voucher Program; setting of $50 minimum rent payments for both programs. Capital Improvement Needs: Inclusion of the Annual Capital Fund Program Annual Statement and the five year projected capital improvement needs. CMINDOWSUemporary Internet Files\OLK6004\BO Annual Plan Ex Sum 2003.doc Demolition and Disposition: Statement that the HACCC does intend to demolish or dispose of Public Housing units in the coming year in accordance with the Youth Build grant and the Los Medanos conversion to tax-credit property. Designation of Public Housing by Elderly Families or Families with Disabilities: Statement that the HACCC will retain developments as family or as elderly/disabled. Conversion of Public Housing to 'Tenant-Based Assistance: Statement that HUD has not identified any properties under mandatory conversion from Public Housing project to Section 8 assisted units. Homeownership Programs Administered by the PHA: HACCC currently has no formal homeownership programs, but will continue to revisit and study the feasibility and viability of a homeownership program. The Housing Authority is considering implementing a homeownership program for Section 8 participants for the year 2003 and this will be included with the submission of the Section 8 Administrative Plan for 2003. Civil Rights Certifications: Inclusion of mandatory statements that HACCC complies with the applicable civil rights provisions. Fiscal Audit: Last independent auditor's report (FY 2001-2002) available for public review. Cather Mandatory Information: (1) Description of RAB selection and review process; and, (2) statement that Consolidated Plan was considered when drafting the Agency Plan to ensure consistency. C:\WINDOWS\Temporary Internet Files\01_1<6004\130 Annual Plan Ex Sum 2003.doc