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HomeMy WebLinkAboutMINUTES - 01152008 - C.2 (3) HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Joseph Villarreal, Executive Director DATE: January 15, 2008 SUBJECT: APPROVE PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FISCAL YEAR 2008-09 FOR THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA AS MANDATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE the Public Housing Agency (PHA) Annual Plan for fiscal year 2007-08. ADOPT the "PHA Certification of Compliance with the PHA Plans and Related Regulations Board Resolution to Accompany the PHA Plan" (Resolution No. 5096). II. FINANCIAL IMPACT: None. III. REASONS FOR RECOMMENDATION/BACKGROUND Any local, regional or State agency that receives funds to operate Federal public housing or Section 8 tenant-based assistance (vouchers) programs must submit a PHA Plan. The PHA Plan is a template that outlines public housing agency (PHA) policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan: the Five-Year Plan, which each PHA submits to HUD once every fifth PHA fiscal year, and the Annual Plan, which is submitted to HUD every year. The Five-Year PHA Plan describes the agency's mission and the long-term plan for achieving that mission over the subsequent five years. 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 Plan also serves as the PHA's annual request for grants to support improvements to public housing buildings (through the Capital Fund Program). CONTINUED ON ATTACHMENT: _X YES SIGNATURE 21", eph"Villarreal,Executive Director RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON �2 ' o A�►APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONER r�°�`2' vbr���`�i N�' S3r'^ C •T-T?ZsAI I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF 1 �+ COMMISSIONERS ON THE DATE SHOWN. Of*o-+ ATTESTED 0 k /I S � O i �✓�"°''� ,"°�`z-''°�� JOSEPH VILLARREAL, SECRETARY OF cc: CAO THE BOARD OF COMMISSIONERS County Counsel AND EXECUTIVE DIRECTOR BY TY H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-Annual Plan 2008-09.doc The Board held a public hearing at its December 18, 2007 meeting. At that time comments were received from Legal Aid. These were submitted to the Board. Legal Aid's suggestions concerning fair housing and the good neighbor guidelines were accepted and changes were made to the appropriate policies and procedures. The Board also accepted Legal Aid's comments concerning increased criminal background checks and left the policy as it was, a one-year background check versus five. The ge4Gy h The Board indicated this matter will be discussed further after staff conducts research into the screening practices of other housing authorities. The draft Annual Plan was approved without comment by the Advisory Housing Commission at its December 17, 2007 meeting. The Resident Advisory Board (RAB) unanimously approved the draft Annual Plan at its December 20, 2007 meeting. Finally, a second public meeting was held on December 20, 2007 after the RAB meeting. No comments were received at that hearing. There have been few proposed changes to the Plan approved by the Board last year. A section has been added in accord with the Violence Against Women Act. This affects both the public housing and Section 8 programs. Staff propose to change the Section 8 wait list process to utilize a lottery system and also to add to the existing preferences for veterans and residents living or working in Contra Costa County, preferences for applicants displaced by government or private action (as required by state law) as well as those displaced by natural disasters, a preference for families removed from the Section 8 program due to insufficient funding and a preference for graduates of transitional housing programs that have partnered with the Housing Authority such as Shelter Plus Care. In the public housing program, staff propose to add Bayo Vista to the list of public housing properties which the Authority will seek HUD's permission to demolish and/or sell. The current list includes EI Pueblo and Las Deltas. The money from these actions will be used to develop new, mixed-income housing. The Authority will also seek additional Section 8 vouchers as part of these actions. IV. CONSEQUENCES OF NEGATIVE ACTION Should the Board of Commissioners elect not to approve the Annual Plan, HACCC will be out of compliance with HUD requirements and will not receive any funding via HUD's Capital Fund program until the Plan has been submitted and approved by HUD. HUD may also impose additional sanctions beyond the withholding of Capital Fund moneys. Attachment L PHA Certifications of Compliance with the PHA Plans and Related Regulations Board Resolution to Accompany the PHA Plans Resolution No.5096 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 8, 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 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. The PHA Plan 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 PIH 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 waitimg�.list policy to determine if it is consistent with civil rights laws and certifications, as specrtied 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 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. 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. 14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 15. 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. 16. 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. 17. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 18. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35. Attachment L Page 2 Resolution No. 5096 January 15,2008 19. 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.). 20. 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. 21. 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 COUNTY OF CONTRA COSTA CA011 PHA Name PHA Number Standard PHA P1 or Fiscal Year: 2008 Date: �-�7--�d 8 Sign /Dated by PHA Board Chair or other authorized PHA official P Certifications of Compliance with the PHA Plans and Related Regulations PASSED AND ADOPTED ON n\ by the following vote of the Commissioners. AYES: G(L v E le, C< o I A, LAIL,K G.A^A. pl&V9 K0 , SOP L LA � '(./v&S NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED JOSEPH VIL RREAL, SECRETARY OF THE BOARD OF COMMISSIONERS AND EXECUTIVE DIRECTOR BY