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Home My WebLink About04/16/1990 B A K E R S F I E L D Patricia Smith, Chair Conni Brunni Kevin McDermott Staff: John W. Stinson INTERGOVERNMENTAL RELATIONS COMMITTEE MEETING Monday, April 16, 1990 12:00 Noon City Manager's Conference Room 1. Underground Storage Tanks 2. Fair Housing 3. Set Date for Next Meeting " ./' o," :. , ~ +o~ U.S. Department of Housing and Urban Development .[.~, =.:~,~: iliilll ~~ Los Angeles Office, Region IX 1615 West Olympic Boulevard ~.~...~ LOS Angeles, California 90015-3801 MAR 28 ~990 ~ , Mr. Bill Mungary Community Development Director County of Kern 2700 "M" Street, Suite 250 Bakersfield, CA 93301 Dear Mr. Mungary: Subject: Fai.r Hous. ing and Equal Opportunity On-Site Monitoring Review On February 26 and 27, 1990, Mr. David Acevedo, Equal Opportunity Specialist, conducted a Fair Housing and Equal Opportunity monitoring review of the Community Development Block Grant (CDBG) Program that is administered by your County. Mr. Julian Filoteo, Fair Housing Administrator, and other County staff members provided assistance. The review was conducted under the authority of Title VI of the Civil Rights Act of 1964, Federal Fair Housing Act of 1988, Section 109 and Section 104(b)(2) of the Housing and Community Development Act of 1974, as amended, and applicable HUD CDBG Regulations The objective of the monitoring review was to deter- mine whether Kern County's performance conforms with applicable Fair Housing and Equal Opportunity requirements as they impact on persons protected by the Civil Rights Laws and Executive Orders. The review took into account the cumulative CDBG program funding. Summary As described below in more detail the monitoring review revealed one concern relative to the HUD fair housing requirements. I. Obligations to Further Fair Housing The Federal Fair Housing Act, Section 104(b)(2) of the Housing and Community Development Act of 1974, as amended, and 24 CFR 570.601(b) require all CDBG recipients or grantees to affirmatively further fair housing. The recent 24 CFR 570.904 (c)(1) and (c)(2) regulations further describe or delineate the new performance review criteria/standards relative to fair housing impediments and fair housing activities. The County of Kern reported in its most recent Grantee Performance Report (GPR) that the County and the City of ~ Bakersfield had jointly funded the County's Fair Housing Division for an amount of $123,761.00 in order to meet this fair housing program requirement. The Division developed and promoted several fair housing services/programs on behalf of the County, its nine subrecipients (participating cities) and the City of ~rsfield. An on-site visit was made to the Division to review records, verify data reported in the County's GPR, and determine if said activities meet or satisfy the new standards described above. (A) Actions Taken to Address Impediments to Fair Housing 570.904(c)(2) 1. Mediation and Investigation Services/Programs: The County reported in the GPR that the Fair Houisng Division assisted a total of 2,354 residents with concern or questions about housing di'scrimination. Moreover, a total of 42 cases were mediated. At the time of this visit the client records/files were unavailable for review. However, the Division has agreed to submit said data in the immediate future. We would appreciate copies of the promised information within 30 days. 2. Outreach and Education Services/Programs: Records reviewed revealed an on-going comprehensive outreach and educa'tion program designed for the the public and private sectors, wh'ich includes an "Education Series for Providers" (Fair Housing Presentations and Workshops for Property Management Firms/Agencies); a "Toll Free, Hot-line Telephone Service" for the. general public's interest in fair housing; the design and county-wide distribution of bilingual fair housing brochures; public service announce- ments; a "Fair Housing Poster}Essay contest" for the County's school children; and several other activities. These activities are first being directed at each of the incorporated cities throughout the County. (B) Analysis of Impediments to Fair Housing Choice 570.904(c)(1) 1. A review of the County's Fair Housing Analysis, dated May, 1989, revealed that the analysis is based on dated docu- ments (i.e. the 1983 and 1987 Audit conducted by the State and by the County's Fair Housing Division respec- tively) and on studies that are rather narrow in scope (i.e. addresses or analyzes housing impediments to Hispanic households and only those Hispanics in rental units). Furthermore, the analysis itself is narrow in scope, that is, areas such as the sale of dwellings, housing brokerage services and obtaining financial assistance. Moreove. r, the study was limited to the Bakersfield Metropolitan Area. 2. It appears that the County's Fair Housing Program has an Objective or mechanism in place to conduct annual audits or housing impediment studies, according to the County's Fair Housing Services (Objective F), and the County's Detail Working Report (Project IdO002). As stated earlier, the last audit (1987) appeared to focus entirely on Hispanics in rental dwellings. It should be noted that the County's Cost Analysis (see Work Plan for FY 1989-1990) lacked an allocation of hours for said Objective/activity. Based on the above mentioned activities it appears that the County is satisfying Section 104(b)(2) of the Act and the new performance review criteria/standards of 24 CFR 570.904(c)(2). However, the County does not appear to have addressed in a substantive manner the criteria at 24 CFR 570.904(c)(1). II. Equal Benefits Opportunities/Record-Keepin9 24 CFR Section 570.602 of the CDBG regulations, Title VI of the 1964 Civil Rights Act, and Section 109 of the Housing and Community Development Act 1974, as amended, prohibit discrimination on the basis of race, color, national origin or gender in the use of CDBG funds and indicate appropriate affirmative action to be undertaken in order to .ensure that the program or activity is open to all without regard to race, color, national origin or gender. In this respect this office conducted, an analysis of the actual number of minority households who participated in the County's Off-site Rehab Grant and Housing Rehab RFL programs, as reported in the County's GPR, HUD Forms 4949.5 and HUD 4949.2, for the year 1987 and 1988. Total Total Rate of Minority Rate Program Year Assisted Reported Participation (per GPR) Verified RFL 1987 9 9 6 (60%) 6 RFL '1988 5 5 2 (40%) 2 Grant 1988 19 19 13 (68%) 13 Twenty files from the. above programs were randomly selected and examined. Records indicated the applicants racial, ethnic and gender identification, as required by 24 CFR 570.506(g)(2). Moreover, three beneficiaries were con- tacted and each acknowledged program benef~its and ethnicity as indicated by the County. III. Equal. Employment Opportunties 24 CFR 570.602 of the CDBG regulations, Title VI of the 1964 Civil Rights Act and Section 109 of the Housing and Community Development Act of 1974, as amended, prohibit discri- mination on the basis of race, color, national origin or gender in the use of CDBG funds and indicate appropriate affirmative action to be undertaken in order to ensure that the program or activity is open to all without regard to race, color, national origin or gender. The County submitted its latest HUD/EEO-~ report to this office on June 20, 1988. Said report revealed a total of 155 (19.3%) and 203 (25.3%) minority a'nd female employees respec- tively. In order to verify the accuracy of the County's HUD/EEO-4 report relative to race and gender, the following procedure was used. Two County departments were selected, namely the Personnel Department and the Public Works Department, followed by an interview of seven employees, randomly selected. Through this procedure we were able to verify that the HUD/EEO-4 report and supporting documentation was accurate as to racial and gender information. VI. Minority/Women Business Enterprise (MBE/WBE) According to 24 CFR 85.36, recipients have an obligation to take reasonable actions to maximize minority and female contractor participation in the CDBG Program. In this respect an examination of the Kern County records revealed that of $4,144,369 in total contract dollars awarded during the period of April, 1988 through March 1989, $268,645 or 6% were awarded to minority-owned bus'inesses. Moreover, two minority contractors were randomly selected and contacted and both verified their respective race and gender as stated in the record. It is important to note that the County recently updated its comprehensive MBE/WBE Affirmative Action Plan and will schedule an MBE Workshop for this quarter which will be co- sponsored by the local Minority Business Development Center. The County should continue in its efforts to maximize female/minority contractor participation as noted in the above requirements. We would appreciate a reSponse within sixty (60) days indi- cating appropriate corrective actions for the concern described above. We appreciate the time and courtesy extended to Mr. Acevedo ~during his monitoring visit and the cooperation of your staff during review. We look forward to working with the County of Kern in carrying out a fully successful CDBG Program. Sincerely, Thomas F. Honore' Director Fair Housing and Equal Opportunity Division , 9.4E C.D P r', Post Office-Box ;6332 - Bakersfield,.' 'California ;93386 JUN 2 5' i990... ~(8.05.) 'June 20, 199'0 City Clerk - C~ty' of 'BakerSfield · 1501 Tru~Un 'Ave ' Bakersfield, CA 93301 ~,En~losed is , a :t~etter -to Mayor - Clarence .;'MedderS .with copies, for _,the ~City Co~cit':me~ers. ~d yo~self;. - i~ '.woUld -,;appr'eciate it if .:you. -cOuld -distribute ':~he.: copies. _ ' ' ' .. Tha~ you. . '- ~ ~- =x-~-~n'er,-~'- ..... .. , .. ; . Post 'Office, ~Bakersfield, (805) 366.-...6194 :June 2'0, I9'90 Mayor' Clarence MeddetS City of BakerSfield 1501 Truxtun Avenue Bakersfield, CA 9-3301 Honorable Mayor Medders: Last month the Fair-Housing AdViSory Committee became aware of a proposed, change regarding the -Fair Housing Division. A proposal which appeared to have ,originated from the Community Housing Resources Board (,CHRB) was apparently ..... Submitted to the Intergovernmental'Relations '.,Committee. The' pr0p°sal .recOmmended 'that the City 'and CountY.lContraCt-,with CHRB for fair housing ,serVices, · We understand !that --the .staff recommendation pointed out valid reasons ,-why ..such -a '..contraCt 'would ',not. be feasible," such as ~time frame ,requirements .by. .H..U~D. pertaining 'to .such a change and .the CH~B'~ $'-'-By LaWs.ldo ,not .permit.,, th~..organizati°n i:t6 ". be'Come .testing: Or ~i~:~it.ing, i .Which are .eSsential ~Compon'ents of -a..if'air hoUsi.ng,. ~ program. In-additiOn;. .SUch .a proposal had never been.diScuSsed at :a · '.C~~..imeeting-.''~ ~"~"" ~'i"'" i."/,-.~ ~'. . ~ ~ ~, ' . '. ~'i~'-.':"i~ .~' ~,. ~ .......... The,~Advis'ory commi'ttee '~0uid ;re'Spect'fui'!Y jlask~itha't' 'Our. (i~Commit~e ,..,iin~f0rmed .of ~any'. request f0r'-'changes, in ~th.e :program~2so.--that ~'have-:..'an !'opportuni.ty>,.ito ;Pr°ride ;i~put'." '.We:,~are, ;inter~'~tedl ' ,~ery'.t.,ruly-,yours, . Fair ,Housing Advisory Committee '~cc: ,~'~Fa'.ir ,, Housing adVis0~y Committee Members MontY. HopPer,. ~,D~r'ect0t 6f, '-De~t.' of ~wei9~ -Fair Housing ~DivisiOn