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HomeMy WebLinkAboutAGENDA REPORT 1992 0603 CC REG ITEM 08OTO: FROM: DATE: SUBJECT: Summary MOORPARK STEM E?'o 0'0 799 Moorpark Avenue Moorpark, California 93021 The Honorable City Council (805) 529 -6864 DORPAW, CALIFORNA C;ty Council Meeting of 199 ACTION: Donald P. Reynolds Jr., Management Analyst r y May 27, 1992 Consider a Contribution to the County's CDBG Fair Housing Program The following report will outlin Ventura which requires the Ci administrative funds to a I "affirmatively further fair hot negotiate this contribution stipulations upon the City's use the County expressed that these response and would impeded their the Entitlement jurisdiction i further fair housing. Staff's recommendation information and direct for 1992/93 to include used by the Area Housi fair housing. Background e the proposal from the County of ty of Moorpark to donate CDBG )rogram which is proposed to ising." Staff has attempted to and avoid imposing additional of administrative funds, however, options were not an appropriate ability to demonstrate to HUD that s taking affirmative action to is that the Council staff to amend the a contribution to the ng Authority /County consider the following administration proposal County of $1,890 to be of Ventura to promote In 1990/91, the City participated in an analysis of the fair housing practices in the Entitlement jurisdiction, which resulted in a report for the file to demonstrate to HUD that the CDBG unit was complying with the requirement to "affirmatively further fair housing." As a follow -up to this report, the Entitlement jurisdiction met to discuss how the findings would be implemented in an "affirmative" fashion. The findings of the report demons t complaints have been filed, and t whole. Despite this finding, HU taken to "affirmatively" further County contracted with the Area referral service for fair housing housing steering committee to participation in the program. O Steering Committee met to discus s rated that in Moorpark, very few his was true for the County as a D still requires that action be the fair housing program. The Housing Authority to provide a complaints, and developed a fair address each jurisdiction's n February 5, the "Fair Housing what actions were available to PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper make an affirmative for fair housing. During the February 5 meeting, the Fair Housing Steering Committee represented by Camarillo, Santa Paula and the County, designed a plan for all cities to follow. An excerpt from this letter (the entire letter is presented as Attachment "All), was presented to the Council in the proposal package for the 1992/93 program appropriations, because it recommended that the City of Moorpark contribute a percentage of the cost for the budget developed by those in attendance at the meeting of $21,000, to come from administrative dollars so that the Area Housing Authority could develop outreach materials to affirmatively further fair housing. The Council did not appropriate any of the administrative funds agencies other then for City staff time. Upon review of the City's final appropriations, the County stated that "HUD recommends, as a rule of thumb, that 1% of the CDBG funding amount be allocated toward fair housing" expressing concern that Moorpark did not contribute. Three to four meetings of the Fair Housing Steering Committee are anticipated during fiscal year 1992/93. Using this information, staff analyzed options for the City that would allow the City to maintain its funding for administration of the grant. Staff analyzed the cost of attending meetings, and presented it the County of Ventura explaining that more than 1% of the $21,000 recommendation would be used to be part of these meetings, and that the recommendation of the Fair Housing Steering Committee is essentially a 2% contribution from Moorpark for the purpose of affirmatively furthering fair housing, (Attachment "B"). The County responded to this proposed plan as unacceptable, and in its letter of May 20, 1992, implied that the City would be impeding the County's ability to affirmatively further fair housing by not contributing time and administrative funds to the program, and therefore be in violation to the cooperative agreement, (Attachment "C") Discussion The budget developed by the Committee did not take into consideration each agency's ability to pay for this contribution, but the results are essentially a mandate to participate. Attending the Fair Housing Steering Committee meetings does not satisfy the County's intent to further fair housing. The City manager has the authority to amend the administration proposal, and no public hearing is required. The net result is that rather than $22,590 for administration, the City will be able use $20,700 which is $920 less than last year. Summary Staff does not agree with the County on this issue, but not participating could result in a loss of all CDBG funding. Recommendation That the City Council authorize staff to amend the 1992/93 administration grant proposal by including $1,890 for use in "affirmatively furthering fair housing." Attachments: A) February 5 letter from the County B) May 14, 1992 letter from staff C) May 20 letter from the County - rrwourity of venture February 19, 1992 RECEIVED�{1 FEB 2 0 12 Ity of Mm,4 v" CHIEF ADMINISTRATIVE OFFICE Richard Wittenberg Chief Administrative Officer h2tolvmt R obert C_Hirtensteiner nt Chief Admen strative Officer FEB 2 0 1992 CITY OF MOORPARK Steve Rueny OFFICE OF CITY MANAGER City of Moorpark, L 16050 799 Moorpark Avenue Moorpark, CA 93021 Re: Fair Housing Steering Committee Meeting and Follow -UP The purpose of this letter is to provide you with (a) the results of the f irst Ventura County Entitlement Area Fair Housing Steering Committee meeting, and (b) results of County staff follow -up to the discussion. At our August 5, 1991 meeting, when we discussed the recommendations in the Fair Housing Impediments study, the following cities had volunteered to sit on this committee: Camarillo, Moorpark, Ojai, Port Hueneme, Santa Paula and the unincorporated area. FAIR HOUSING STEERING COMMITTEE MEETING RESULTS Attending the February 5, 1992 meeting were Carolyn Briggs and Shelley Stephens from the Area Housing Authority (at our invita- tion) , Randy Richardson (Camarillo) , Steve Stuart (Santa Paula), Ann Hewitt and Susan Van Abel (County of Ventura). The Committee's discussion proceeded as follows: 1. Fair Housincr Steering Committee Composition, Roles and Responsibilities Given the low turn -out at the meeting, our first priority should be to confirm with the remaining cities whether they wish to be included on this committee. Since we are trying to make entitlement -wide decisions, it seems important to have as much representation as possible. The committee's purpose will be to: o make decisions about outreach activities, and not necessarily traditional housing counseling. o confer on annual fair housing budgets and activities. o assist in selecting fair housing providers. .-� o provide direction to fair housing providers, one of which may be the Area Housing Authority. Hall o, A;^-iin strc' ',,n L = 1`40 500 .`,r,u;n `J clur a Aw;,,u,., Ventu',,. C:. :'300 ;05i E);:14-2680 FAX (805) 6 5106 Fair Housing Follow -Up -2- February 19, 1992 once a program is established, meetings can be confined to two or three a year, or on specific issues as they arise. 2. Recommendations Arising From IM pediments to Fair Housing Stud specific activities related to the entitlement partners include the establishment of a steering committee to promote fair housing. The committee reviewed all recommendations and noted that some were not applicable to the fair housing program: the non - applicable recommendations include: o jurisdictions should review, evaluate and modify zoning and development standards to reduce if possible the overall cost of housing production. o a letter from the "steering committee" could be sent to motivate lenders to consider FHA /VA loans and /or afford- able loan programs. o promote construction of more affordable housing (housing for all income groups and family size). In formulating recommendations, the Committee considered the similarities and differences between Housing Counseling and Fair Housing. While fair housing issues may arise during counseling, in general such complaints tend to center around landlord - tenant disputes and eviction problems. Fair housing is more broadly directed towards the elimination of discrimi- nation in the provision of housing. We also discussed the structuring of fair housing activities to meet the 51% low - moderate income and record - keeping requirements. If we are unable to do so, then this activity would have to be funded out of administration dollars, and all agreed that this was not desirable. A number of potential activities were suggested, as follows: fair housing counseling, posters, brochures, community meetings, fact sheets, symposia, meetings with property managers and realtors, newspaper advertisements and contacts with newspapers to display fair housing logo, information in phone books to direct potential complainants to the Area Housing Authority, providing fair housing information to AFDC recipients when they are working with the Public Social Services Agency, focusing attention on fair housing for the physically, mentally and emotionally disabled, the production of a video to provide information on fair housing, development of Spanish language information, working with Head Start to educate people concerning fair housing, the installation of television monitors in PSSA General Relief waiting rooms, to play fair housing videos (either ones produced here or library tapes). Fair Housing Follow -Up -3- February 19, 1992 The decisions reached were as follows: o Cities will continue to operate their housing counseling contracts, independent of the fair housing mandate. o Approximately $21,000 would be required to upgrade the current Fair Housing Program. (Although the Committee arrived at this by examining the current city allocations to housing counsel- ing, this $21,000 is in line with HUD's recommendation that 1% of an entitlement area's budget be devoted to fair housing activities.) o Based on a budget of $21,000 we would anticipate that, at a minimum, the Area Housing Authority and /or other fair housing provider would update the current brochures, increasing their eye appeal and perhaps tailoring some brochures to specific client groups. The AHA would continue to provide general education and hold meetings and symposia with real estate, banking and other industry organizations, as well as the general public. Finally, they would work towards locating and /or producing a video that could be used in public waiting rooms, such as General Relief offices and AFDC offices. Once the videos have been identified, in future years we could look towards purchasing monitors to display them. STAFF FOLLOW -UP TO FEBRUARY 5 1992 MEETING o Although there was some discussion at the meeting about how to make these fair housing activities eligible as public service, our subsequent research shows that this is problematic. CDBG regulations 24 CFR 206(c) state that the provision of fair housing services are administrative costs. Recent publica- tions sent to our office have described other jurisdictions' arguments with HUD over this issue; however, HUD continues to classify the activity as administrative. Therefore, the $21,000 budget must betaken from administration dollars. The breakdown across jurisdictions is as follows: FORMULA FAIR HOUSING CITY PRCNT. SET -ASIDE Camarillo 18% $3,780 Fillmore 7% $1,470 Moorpark 9% $1,890 Ojai 3% $630 Port Hueneme 10% $2,100 Santa Paula 14% $2,940 Unincorporated 39% $8,190 TOTAL 100% $21,000 Fair Housing Follow -Up -4- February 19, 1992 As part of the package that our office will take to the Board of Supervisors on March 17, 1992, we will be recommending that $8,190 of administrative dollars be used for mandated fair housing activities. The Special Projects /CDBG Unit is recommending that your city consider similar actions. In addition, unless all cities participate the quality of the fair housing program would be depleted and the entitlement area could find itself in a situation of noncompliance with HUD regulations. Consistent with County policy, the provision of funds towards fair housing would be administered under a joint powers agreement. While the County would handle general administration of the funds, the Fair Housing Steering Committee would be responsible for providing direction to the fair housing providers concerning types of activities, etc. Since the 1992 funding cycle is already appreciate it if you could get back to Susan your city staff's intentions with respect t your City Council. Sincerely, Ann Hewitt Principal Administrative Analyst AH:lj cc: Marty Shaw - Halloway Susan Van Abel [or"sVvh90219.edb underway, we would Van Abel concerning o recommendations to May 14, 1992 Susan Van Principal CAO /CDBG County of 800 South Ventura C, MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 Abel Analyst Ventura Victoria Ave. k 93009 Dear Susan: The following letter is in response to the County of Ventura's request that the City provide the County with a plan that demonstrates how Moorpark will use 1% of its administrative allocation from 1992/93 towards "affirmatively furthering fair housing." The City will plan for attendance at future Fair Housing Steering Committee meetings, estimated by the County to be 3 to 4 meetings during the upcoming fiscal year. The City would prefer to create a local outreach program utilizing the services of the Moorpark /Simi Valley Board of Realtors, and therefore anticipates that the information from the Steering Committee, will be shared with local representatives of the Board of Realtors. This will be accomplished with the help of Ruben Castro and Vicki Perez, the City's appointed representatives to the Area Housing Authority. The combined costs of staff attendance at the Steering Committee meetings, between various staff members, between staff and the City Council, and between the City and the Board of Realtors is estimated to be at least $1,863.60. Adding time spent researching this matter and preparing form meetings, the City will exceed the 1% requirement. The calculation of costs is attached. The per hour figure is the rate adopted by the City Council in resolution, February 5, 1992. The cost for mileage is part of the City's personnel rules and procedures. Staff's assumptions in this cost calculation are conservative. A single report to the Council can require much more than then the estimated time stated in the attached calculations. Therefore, if the Steering Committee only meets 3 times, the reporting to staff and the Council will compensate for this shortfall. Time spent on the Fair Housing Issue will be clearly delineated in the daily time sheets, as are all hours of staff time. Currently, the City uses much more than the allotted CDBG funds for the administration of the program. There are no "surplus" dollars PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled PaDe available for other uses. Because staff would be able to communicate the efforts of the Steering Committee to the local representatives, we feel that it will serve as a benefit to the community to participate in the Committee meetings, but to add 1% in addition to this is essentially a 2% contribution, which is more than the HUD "Recommendation." The City intends to proceed as originally approved by the Council April 8, 1992. Thank you for your efforts in assuring that the City contributes its 1% to affirmatively further fair housing. Sincerely, ;bnald P. �Rey2old`sJr. Management Analyst Attachment CC: Steven Kueny, City Manager Richard Hare, Deputy City Manager Attachment Fiscal Analysis of the City's Proposed CDBG Fair Housing Contribution for Fiscal Year 1992/93 The following analysis will identify the City's staff time and associated costs related to performing the duties related to meeting the CDBG recommendation of contributing 1% of the City's administrative allocation to "affirmatively further fair housing." Based on an estimate attendance at four Fair Housing Steering Committee meetings, staff costs are calculated as follows: Assumptions- 2 meetings prior to January 1, 1993, and 2 meetings after January 1, 1993- the 1992 cost per hour equals $73.00 /hr, with an anticipated increase of 4% effective January 1, 1993, equalling $2.92, for a 1993 cost per hour of $75.92, or $76 /hour. Staff will report the status of the Committee to supervisory personnel at the City, and consequently keep the City Council and public updated on the progress. Staff will be able to convert the efforts into a local program by sharing materials and information with the local Board of Realtors. 1992 Travel .75 hours one way X 4 = 3 hours X $73.00 /hr = $ 219.00 Travel Reimbursement @ $.27 per mile, 35 miles one way (35 miles X 2 per round trip, 2 round trips) = $ 37.80 Meeting Time 2 hours each X 2 meetings Follow -up staff time providing information to supervisory staff= 1 hour per meeting X 2 Follow up staff time meeting with supervisory staff and reporting to Council 1/2 hour for two meetings = 1 hour total Follow up time with the Moorpark /Simi Valley Board of Realtors 1 meeting 2 hours 1992 Sub total = $ 292.00 = $ 146.00 = $ 73.00 = $ 146.00 $ 913.80 1993 Travel .75 hours one way X 4 = 3 hours X $76.00 /hr = $ 228.00 Travel Reimbursement @ $.27 per mile, 35 miles one way (35 miles X 2 per round trip, 2 round trips) _ $ 37.80 Meeting Time 2 hours each X 2 meetings = $ 304.00 Follow -up staff time providing information to supervisory staff= 1 hour per meeting X 2 = $ 152.00 Follow up staff time meeting with supervisory staff and reporting to Council 1/2 hour for two meetings = 1 hour total = $ 76.00 Follow up time with the Moorpark /Simi Valley Board of Realtors 1 meeting 2 hours = $ 152.00 1992 Sub total $ 949.80 Total City Contribution for Fair Housing $1,863.60 Less 1% of City Administrative allocation ($1,890.00) Total estimated cash contribution $ 26.40 RECEIVED �--- MAY t X92 City CHIEF ADMINISTRATIVE OFFICE City of Moorpark Richard Wittenberg coun y f vEntura Officer ?obert C..H:`:enstei er Offi cer May 20, 1992 ' � city Manager 21 1992 Steve Kueny, Y g city of Moorpark, L #6050 CITY OF MOORPARK 799 Moorpark Avenue Moorpark, CA 93021 OFFICE OF CITY MANAGER SUBJECT: FAIR HOUSING PROGRAM We received your letter of May 14, 1992, outlining the City's proposal to affirmatively further fair housing; the City's proposal is unacceptable. HUD does not acknowledge staff time in preparing for, traveling to and attending meetings as affirmatively furthering fair housing. As was mentioned in our letter of April 30, 1992, the CDBG Entitlement Area Fair Housing Steering Committee is made up of representatives of the Area Housing Authority, six cities in the entitlement area and the County representing the unincorporated area. All of these participants, except Moorpark, have agreed to support tangible efforts for fair housing which will require staff time. In addition, each entity is contributing its "fair share" from administrative Funds to help finance whatever fair housing product is agreed upon by the Committee. This product could include such items as updated brochures, a fair- housing video, etc. The City's minimum contribution to this effort should be $1,890 from administrative funds. Interestingly, the City stated in its May 14 letter, "the City uses much more than the allotted CDBG funds for the administration of the program. There are no "surplus" dollars available for other uses." Since the inception of the CDBG Entitlement Program, the City has received $79,510 in administrative funds; to date, $0 has been drawn down. It is somewhat difficult to believe that $1,890 is unavailable from this allocation. More importantly, the City entered into a Cooperating Agreement with the County on July 19, 1991, which states: 6. CDBG funds shall not be used for activities in or in support of any City that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. As we stated in our letter of April 21, 1991, the City is not required to utilize CDBG funds to affirmatively further fair Hall of Administration L = 1940 :,l'J Srnitth Victoria Ventura, CA 93009 (80--,' 654 -2600 '30� Moorpark May 20, 1992 Page Two housing; other City funds can be used. We do need to know, however, the details of the alternative approach both in terms of funding and the program. If the City continues with non - compliance of this requirement, we will have no choice but to review the City's eligibility for CDBG funds. SUSAN VAN ABEL Principal Administrative Analyst c: Marty Shaw - Halloway mp4 /sva /7