08/2023/cdz/A23-0159/CDBGEntitlement
ProgSubrecipientFY23-24
EXHIBIT “C”
------------------------------------INCOME LIMITS ----------------------------------------- FY 2023
Income
Limit
Area
Income
Category
1 Person
2 Person
3 Person
4 Person
5 Person
6 Person
7 Person
8 Person
Extremely
Low
(30%)
Income
17,350 19,800 22,300 24,750 26,750 28,750 30,700 32,700 Very Low
(50%)
Income
28,900 33,000 37,150 41,250 44,550 47,850 51,150 54,450 Low
(80%)
Income
46,200 52,800 59,400 65,950 71,250 76,550 81,800 87,100
16.c
Packet Pg. 445 Attachment: Agreement FINAL (6101 : Resolution Approving the 2023-24 CDBG Entitlement Subrecipient Agreement) City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Agreement
Prepared By: Clara Obeso
SCHEDULED Department Head: Adriana Nava
RESOLUTION (ID # 5952) DOC ID: 5952
Request for Proposals (RFP) Results for Analysis of
Impediments to Fair Housing Choice
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO, CALIFORNIA APPROVING A CONSULTANT AGREEMENT WITH
MOSAIC COMMUNITY PLANNING TO CONDUCT AN ANALYSIS OF IMPEDIMENTS
TO FAIR HOUSING CHOICE
FISCAL IMPACT:
This will have no impact on the general fund. Approximately $44,490 will be utilized from the 2023-2024 CDBG Entitlement Program funds.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #3 - Community Health, Safety & Welfare
Goal #4 - Recreation and Lifelong Learning
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Contractor has applied for a business license.
BACKGROUND:
In accordance with 24 CFR 91 et seq., 24 CFR 570 et seq., and the U.S. Department of Housing and Urban Development's (HUD) Fair Housing Planning Guide, the City of El Centro is required to conduct an assessment of Fair Housing: Analysis of Impediments to Fair Housing Choice as a component to its 2024-2028 Consolidated Plan.
The Assessment of Fair Housing is a comprehensive review of a jurisdiction's laws, regulations, and administrative policies, procedures, and practices affecting the location, availability, and accessibility of housing as it relates to fair housing choice. The Assessment of Fair Housing is also a disclosure and review of impediments to fair housing choice in the public and private sector. The research and analysis will be focused within the city limits of El Centro. The City’s current Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan is attached to this report for reference.
The proposed Analysis of Impediments is intended to provide the City with technical data, analysis, maps, and optional actions, which may be taken, by the City and other organizations, to overcome impediments to fair housing choice.
On July 20, 2023, the City of El Centro released a Request for Proposals (RFP) to conduct an Analysis of Impediments to Fair Housing Choice as a component to the City of El Centro's 2024-2028 Consolidated Plan under the Community Development Block Grant Program. City staff followed the required competitive RFP procurement process 17 Packet Pg. 446
Resolution (ID # 5952) Meeting of September 12, 2023
to select a contractor as set forth in the CDBG Procurement Regulation.
DISCUSSION:
A total of two (2) proposals were received by the August 21, 2023 deadline. R3E Services submitted a proposal in the amount of $49,328.00 and Mosaic Community Planning submitted a proposal in the amount of $44,490.00. Staff has reviewed the two proposals and is recommending Mosaic Community Planning. Staff is certain that this firm is qualified to accomplish the project, as per the required regulation and by the expected completion date of April 30, 2024.
CONCLUSION:
It is staff's recommendation that the City Council approve the selection of the above referenced company and Adopt Resolution No. 23- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING A
CONSULTANT AGREEMENT WITH MOSAIC COMMUNITY PLANNING TO
CONDUCT AN ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE ATTACHMENTS:
• Agreement (PDF)
• EC-AI-9-27-19 (PDF)
• Resolution FINAL (PDF)
17 Packet Pg. 447
1 CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF EL CENTRO
ECONOMIC DEVELOPMENT DIVISION
AND
MOSAIC COMMUNITY PLANNING
FOR AN ANALYSIS OF IMPEDIMENTS TO
FAIR HOUSING CHOICE AS A
COMPONENT TO THE CITY OF EL CENTRO’S
PROGRAM YEARS 2024/25 - 2028/29
CONSOLIDATED PLAN UNDER THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
17.a
Packet Pg. 448 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 2 AGREEMENT BETWEEN THE CITY OF EL CENTRO AND
MOSAIC COMMUNITY PLANNING FOR PROFESSIONAL SERVICES
This Agreement is made and entered into by the City of El Centro (City) and Mosaic Community Planning (Consultant) for the Consultant to provide professional services to the City for the Analysis of Impediments to Fair Housing Choice Project (Project). The City and Consultant each is a Party and together are the Parties.
RECITALS
The City wants to retain the services of a professional firm to provide Professional Services on a fixed-fee basis.
The Consultant has the expertise, experience and personnel necessary to provide the Consulting Services for the Project.
The City and the Consultant want to enter into an Agreement (Agreement) whereby the City will retain the Consultant to provide, and the Consultant shall provide, the Professional Services for the Project on a fixed-fee basis, not to exceed forty-four thousand four hundred ninety Dollars ($44,490).
In consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows:
ARTICLE I
CONSULTING SERVICES
The above-listed recitals are true and correct and are hereby incorporated by reference.
1.1 Scope of Services.
The scope of services will include ongoing professional services in connection with the Project. The Project is more fully described in the Scope of Work, attached and incorporated as Exhibit “A”. The Consultant shall perform the Professional Services described in each Task at the direction of the City for a fixed-fee as enumerated in the Fee Schedule attached and incorporated as Exhibit “B,” not to exceed forty-four thousand four hundred ninety Dollars ($44,490).
In addition, the Consultant and any sub-consultants hired shall perform this Agreement in conformity with the additional requirements set out in Section 4.14 of this Agreement.
1.2 Task Administrator.
The Economic Development Manager of the City is the task administrator for this Agreement. The Consultant shall provide the Consulting Services under the direction of a designated representative of the Economic Development Manager. The City’s designated representative will communicate with the Consultant on all matters related to the administration of
17.a
Packet Pg. 449 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 3 this Agreement and the Consultant’s performance of the Consulting Services rendered hereunder.
When this Agreement refers to communications to or with the City, those communications will be with the designated representative, unless the designated representative or the Agreement specifies otherwise.
1.3 City Modification of Scope of Services.
The City, without invalidating this Agreement, may order changes in any Task by altering, adding to or deducting from the Consulting Services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Consultant’s cost of, or the time required for, the performance of any of the Consulting Services, the Consultant shall so notify the City. If appropriate, an equitable adjustment to the Consultant’s compensation may be made, provided that any adjustment must be approved by both Parties in writing.
1.4 Written Authorization.
Prior to performing any Consulting Services in connection with the Project, the Consultant shall obtain from the City a written authorization to proceed. The Consultant shall advise the City in writing immediately of any anticipated change in any Task, Fee Schedule, or Time Schedule, and shall obtain the City’s written consent to the change prior to making any changes. In no event shall the City’s consent be construed to relieve the Consultant from its duty to render all Consulting Services in accordance with applicable laws and accepted industry standards.
1.5 Confidentiality of Services.
All Consulting Services performed by the Consultant, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees.
Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the Consultant by the City, (b) subsequently becomes publicly known through no act or omission by the Consultant, or (c) otherwise becomes known to the Consultant other than through disclosure by the City. Except for Subconsultants covered by Section 4.4, neither the documents nor their contents shall be released to any third party without the prior written consent of the City.
ARTICLE II
DURATION OF AGREEMENT
2.1 Term of Agreement.
This Agreement shall be effective on the date it is executed by the last Party to sign the Agreement and will remain in effect until the Consulting Services are completed, but in no event later than April 30, 2024, unless terminated sooner to the provisions of this Agreement.
2.2 Time of Essence.
Time is of the essence for each provision of this Agreement, unless otherwise specified in this Agreement.
17.a
Packet Pg. 450 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 4 2.3 Notification of Delay.
The Consultant immediately shall notify the City in writing of any delay in completion of the Consulting Services. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If the delay affects a material part of the Project, the City may exercise its rights under Sections 2.5-2.8 of this Agreement.
2.4 Delay.
If delays in the performance of the Consulting Services are caused by unforeseen events beyond the control of both Parties, such delay may entitle the Consultant to a reasonable extension of time, but such delay shall not entitle the Consultant to damages or additional compensation. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Consultant’s work; inability to obtain materials, equipment, labor or required additional Consulting Services; or other specific reasons agreed to between the City and the Consultant; provided, however, that (a) this provision shall not apply and the Consultant shall not be entitled to an extension of time for a delay caused by the acts or omissions of the Consultant; and, (b) that a delay caused by the inability to obtain materials shall not entitle the Consultant to an extension of time unless the Consultant furnishes the City, in a timely manner, documentary proof, to the City’s satisfaction, of the inability to obtain materials.
2.5 City’s Right to Suspend for Convenience.
The City may, at its sole option and for its convenience, suspend all or any portion of the Consultant’s performance of the Consulting Services, for a reasonable period of time not to exceed six months. In accordance with the provisions of this Agreement, the City will give written notice to the Consultant of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay to the Consultant a sum equivalent to the reasonable value of the Consulting Services the Consultant has performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice of rescission to the Consultant. The City may then require the Consultant to resume performance of the Consulting Services in compliance with the terms and conditions of this Agreement; provided, however, that the Consultant shall be entitled to an extension of time equal to the length of the suspension, unless otherwise agreed to in writing by the Parties.
2.6 City’s Right to Terminate for Convenience.
The City may, at its sole option and for its convenience, terminate all or any portion of the Consulting Services agreed to pursuant to this Agreement by giving written notice of such termination to the Consultant. Such notice shall be delivered by certified mail with return receipt for delivery to the City. The termination of the Consulting Services shall be effective upon receipt of the notice by the Consultant. After termination of this Agreement, the Consultant shall complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant’s Consulting Services under this Agreement. For services rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Consulting Services performed by the Consultant before the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all drawings, plans, calculations, specifications and other documents or records related to both the Project and to
17.a
Packet Pg. 451 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 5 the Consultant’s Consulting Services on all Task(s). By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant discharges the City of all of the City’s payment obligations and liabilities under this Agreement.
2.7 City’s Right to Terminate for Default.
If the Consultant fails to perform or adequately perform any obligation required by this Agreement, the Consultant’s failure constitutes a Default. If the Consultant fails to satisfactorily cure a Default within ten calendar days of receiving written notice from the City specifying the nature of the Default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right of the Consultant, and any person claiming any rights by or through the Consultant under this Agreement. The rights and remedies of the City enumerated in Section
2.7 are cumulative and shall not limit, waive, or deny any of the City’s rights under any other provision of this Agreement. Nor does this Section otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.
2.8 City’s Right to Terminate for Bankruptcy or Assignment for the Benefit of Creditors.
If the Consultant files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to or demand upon the Consultant, immediately cancel and/ or terminate this Agreement, and terminate each and every right of the Consultant, and any person claiming any rights by or through the Consultant. The rights and remedies of the City enumerated in this Section 2.8 are cumulative and shall not limit, waive, or deny any of the City’s rights under any other provision of this Agreement. This Section otherwise does not waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.
ARTICLE III
COMPENSATION
3.1 General.
The City shall pay the Consultant for all the Consulting Services and all expenses related to performance under this Agreement, in an amount as set forth in the Fee Schedule attached as Exhibit “B”. The Consultant shall be entitled to compensation for the Consulting Services under this Agreement, whether within the scope of work for any Task, or as Additional Services, based on the Fee Schedule. For the duration of this Agreement, the Consultant shall not be entitled to fees which exceed the Fee Schedule. Prior to beginning performance on each Task, Consultant shall provide a proposal to the City including a not to exceed cost estimate for each Task, a schedule of work, and a scope of work. The scope of work shall include all activities or work reasonably anticipated as necessary for successful completion of each Task presented by the City.
3.2 Manner of Payment.
The Consultant shall bill all fees and expenses incurred in accordance with this Agreement directly to the City on a monthly basis.
17.a
Packet Pg. 452 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 6 3.2.1 Payments. The Consultant shall submit one invoice per calendar month for work performed in accordance with the Fee Schedule. The Consultant shall include with each invoice a description of completed work. Undisputed portions of invoices to the City must be in accordance with the Fee Schedule and will be payable if approved, within thirty calendar days of receipt.
3.3 Additional Services.
The City and the Consultant must agree in writing in advance of the provision of additional services which will incur additional costs not defined in Section 3.4 below (Additional Services) if the Consultant is to provide Additional Services beyond the Task of this Agreement.
The Consultant will be paid an additional fee for such Additional Services which shall be in accordance with an agreed upon written Fee Schedule.
3.4 Additional Costs.
Additional Costs are those costs that can be reasonably determined to be related to the Consultant’s errors or omissions, and may include Consultant, City, or Sub consultant overhead.
The Consultant shall not be paid for the Consulting Services required due to the Consultant’s errors or omissions, and the Consultant shall be responsible for any Additional Costs associated with such errors or omissions. These Additional Costs may be deducted from monies due, or that become due, the Consultant. Whether or not there are any monies due, or becoming due, the Consultant shall reimburse the City for Additional Costs due to the Consultant’s errors or omissions.
3.5 Eighty Percent Notification.
The Consultant shall promptly notify the City in writing of any potential cost overruns.
Cost overruns include, but are not limited to the following: (1) where anticipated costs to be incurred in the next sixty (60) calendar days, when added to all costs previously incurred, will exceed eighty percent (80%) of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services appears that it may be greater or less than the maximum compensation for this Agreement.
ARTICLE IV
CONSULTANT’S OBLIGATIONS
4.1 Industry Standards.
In addition to the Consultant’s covenants described in Article VI hereof, the Consultant agrees that the Consulting Services rendered under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent professional law firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field in the State of California. Where approval by the City, the City Manager, or other representatives of the City is required, it is understood to be general approval only and does not relieve the Consultant of responsibility for complying with all applicable laws, codes, and good consulting practices.
17.a
Packet Pg. 453 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 7 4.2 Right to Audit.
4.2.1 Access. The City retains the right to review and audit, and the reasonable right of access to Consultant’s and all Subconsultant’s premises to review and audit the Consultant’s compliance with the provisions of this Agreement. The City’s right to audit includes, but is not limited to, the right to inspect and photocopy same, and to retain copies, outside of the Consultant’s premises, of any and all records with appropriate safeguards, if such retention is deemed necessary by City in its sole discretion. This information shall be kept by the City in strictest confidence allowed by law.
4.2.2 Audit. The City’s right to audit also includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Consultant is in compliance with all requirements under this Agreement.
4.2.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City’s right to audit includes the right to examine books, records, documents, and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred.
4.2.2.1.1 Accounting Records. The Consultant shall maintain complete and accurate records in accordance with generally accepted accounting practices in the industry. The Consultant shall make available to the City for review and audit; all Project related accounting records and documents, and any other financial data.
4.2.3 City’s Right--Binding on Subconsultants. The Consultant shall include the City’s right to audit as described in Section 4.2, in any and all of their subcontracts, and shall ensure that these sections are binding upon all Subconsultants.
4.3 Insurance.
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached and incorporated.
4.4 Subconsultants.
The Consultant’s hiring of or retaining any third parties to perform services related to the Project (“Subconsultant” and “Subconsultant Services”) is subject to prior approval by the City.
The Consultant shall list on the Subconsultants list all Subconsultants known to the Consultant at the time this Agreement is entered. If at any time after this Agreement is entered into the Consultant identifies a need for additional Subconsultant Services, the Consultant shall give written notice to the City of the need, at least forty-five (45) days before entering into a contract for such Subconsultant Services. The Consultant’s notice shall include a justification, a description of the scope of work, and an estimate of all costs for the Subconsultant Services. The Consultant may request that the City reduce the forty-five-day notice period. The City agrees to consider such requests in good faith.
4.4.1 Subconsultant Contract. All contracts entered into between the Consultant and a Subconsultant shall contain the information as described in Sections 4.6, 4.7, and
4.10 as well as any other information, terms, and conditions required elsewhere in this Agreement
17.a
Packet Pg. 454 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 8 to be included in said agreements, and shall also provide as follows:
4.4.1.1 For each Subconsultant, each Subconsultant shall obtain insurance policies which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. Each Subconsultant shall obtain, and the Consultant shall require the Subconsultant to obtain, all policies described in Exhibit “C”.
4.4.1.2 The Consultant is obligated to pay the Subconsultant, for Consultant- and City-approved invoice amounts, out of amounts paid by the City to the Consultant, not later than fourteen working days from the Consultant’s receipt of payment from the City. Nothing in this paragraph shall be construed to impair the right of the Consultant and any Subconsultant to negotiate fair and reasonable pricing and payment provisions among themselves.
4.4.1.3 In the case of a deficiency in the performance of Subconsultant Services, the Consultant shall notify the City in writing of any withholding of payment to the Subconsultant, specifying: (a) the amount withheld; (b) the specific cause under the terms of the subcontract for withholding payment; (c) the connection between the cause for withholding payment and the amount withheld; and (d) the remedial action the Subconsultant must take in order to receive the amount withheld. Once the Subconsultant corrects the deficiency, the Consultant shall pay the Subconsultant the amount withheld within fourteen working days of the Consultant’s receipt of the City’s next payment.
4.4.1.4 In any dispute between the Consultant and Subconsultant, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in Article VI of this Agreement in any dispute between the Consultant and Subconsultant should the City be made a party to any judicial or administrative proceeding to resolve the dispute in violation of this position.
4.4.1.5 The Subconsultant is bound to the same requirements as the primary consultant for assurances to the City regarding non-discrimination covenants set forth in Article IV, Section 4.6.
4.4.1.6 Each Subconsultant shall obtain insurance policies which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement. Each Subconsultant shall obtain, and the Consultant shall require the Subconsultant to obtain, all policies described in Exhibit “C”.
4.5 Contract Activity Report.
The Consultant shall submit statistical information to the City as requested in the City’s Contract Activity Report. The statistical information shall include the amount of subcontracting provided by firms during the period covered by the Contract Activity Report. With the Contract Activity Report, the Consultant shall provide an invoice from each Subconsultant listed in the report. The Consultant agrees to issue payment to each firm listed in the Report within fourteen working days of receiving payment from the City for Subconsultant Services as described in Section 4.4.1.
4.6 Non-Discrimination Requirements.
The Consultant shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of
17.a
Packet Pg. 455 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 9 Subconsultants, vendors or suppliers. The Consultant shall provide equal opportunity for Subconsultants to participate in subconsulting opportunities. The Consultant understands and agrees that violation of this clause shall be considered a material breach of the contract and may result in contract termination, debarment, or other sanctions. This language shall be in contracts between the Consultant and any Subconsultants, vendors and suppliers.
4.7 Drug-Free Workplace.
The Consultant agrees to ensure a drug free work place. The Consultant shall certify to the City that it will provide a drug-free workplace by submitting a Consultant Certification for a DrugFree Workplace form.
4.7.1 Consultant’s Notice to Employees. The Consultant shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition.
4.7.2 Drug-Free Awareness Program. The Consultant shall establish a drug-free awareness program to inform employees about all of the following:
4.7.2.1 The dangers of drug abuse in the work place.
4.7.2.2 The policy of maintaining a drug-free work place.
4.7.2.3 Available drug counseling, rehabilitation, and employee assistance programs.
4.7.2.4 The penalties that may be imposed upon employees for drug abuse violations.
4.7.3 Posting the Statement. In addition to Section 4.7.1 above, the Consultant shall post the drug-free policy in a prominent place.
4.7.4 Subconsultant’s Agreements. The Consultant further certifies that each contract for Subconsultant Services for this Project shall contain language that binds the Subconsultant to comply with the provisions of Article IV, Section 4.7 of this Agreement.
Consultants and Subconsultants shall be individually responsible for their own drug-free work place program.
4.8 Americans with Disabilities Act Statement.
The Consultant shall certify that any construction documents and specifications meet all current Title 24 of the California Code of Regulations, known as the California Building Standards Code [Title 24], requirements and the Americans with Disabilities Act Accessibility Guidelines [ADAAG], and are in compliance with the Americans with Disabilities Act of 1990. When a conflict exists between Title 24 and ADAAG, the most restrictive requirement shall be followed.
4.9 Product Endorsement.
The Consultant acknowledges and agrees that any advertisement identifying or referring to the City as the user of a product or service requires the prior written approval of the City.
17.a
Packet Pg. 456 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 10 4.10 Conflict of Interest.
The Consultant is subject to all federal, state and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices, including but not limited to California Government Code sections 1090, et. seq. and 81000, et. seq. If required to do so, Consultant shall complete one or more statements of economic interest disclosing relevant financial interests as described on Exhibit “D”– Consultant’s Statement of Financial Interest, attached and incorporated, may be amended from time to time by City. Upon the City’s request, the Consultant shall submit the necessary supplementary documentation to the City.
4.10.1 The Consultant shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.
4.10.2 The Consultant and its Subconsultants having subcontracts amounting to one percent (1%) or more of the value of the Consulting Services agreed to under this Agreement are precluded from participating in design services, on behalf of the contractor, construction management, and any other construction services related in any way to the Consulting Services without the prior written consent of the City.
4.10.3 The Consultant’s personnel employed on any Task shall not accept gratuities or any other favors from any Subconsultants or potential Subconsultants. In connection with any Task, the Consultant shall not recommend or specify any product, supplier, or contractor with whom the Consultant has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.
4.10.4 If the Consultant violates any conflict of interest laws or any of these provisions in Section 4.10, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects the Consultant to liability to the City for attorney fees and all damages sustained as a result of the violation.
4.11 Mandatory Assistance.
If a third-party dispute or litigation, or both, arises out of, or relates in any way to the Consulting Services provided under this Agreement, upon the City’s request, the Consultant, its agents, officers, and employees agree to assist in resolving the dispute or litigation. The Consultant’s assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.
4.12 Compensation for Mandatory Assistance.
The City will compensate the Consultant for fees incurred for providing Mandatory Assistance as Additional Services under Section 3.3. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third-party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of the Consultant, its agents, officers, or employees, the Consultant shall pay back the City. The City is then entitled to repayment of all fees paid to the Consultant, its agents, officers, and employees for Mandatory Assistance.
17.a
Packet Pg. 457 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 11 4.13 Attorney Fees related to Mandatory Assistance.
In providing the City with dispute or litigation assistance, the Consultant or its agents, officers, and employees may incur expenses and/or costs. The Consultant agrees that any attorney fees it may incur as a result of assistance provided under Section 4.11 are not reimbursable. The Parties agree this provision does not in any way affect their rights to seek attorney fees under Article VII, Section 7.8 of this Agreement.
4.14 Additional CDBG Requirements.
In addition to the obligations set forth in this Article IV, Consultant agrees that the Consulting Services rendered under this Agreement shall be performed in accordance with the requirements set forth in Attachment 1 and 1A (Equal Opportunity Clauses, et al.); Attachment 2 (Anti Lobbying Certification, et al.); Attachment 2A, Additional CDBG Compliance Requirements (Labor Standards, et al.); Attachment 3 (Section 3 Clause), and Attachment 4 (Immigration Reform and Reform Act), all of which are incorporated herein by this reference. If any other provision of this Agreement is inconsistent with any provision set forth in Attachments 1 through 4, inclusive, then the provision set forth in Attachments 1 through 4, inclusive, shall govern.
4.15 Retention of Records.
Consultant is required to keep all related accounting records and documents for a period of not less than five (5) years after the final reports are submitted by the City to the State Department of Housing and Community Development, as per Federal and State requirements. Upon the City’s request, the Consultant shall submit exact duplicates of originals of all requested records to the City.
ARTICLE V
CITY’S OBLIGATIONS
5.1 Ownership of Documents.
Once the Consultant has received any compensation for the Consulting Services performed, all documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to any Task or Consulting Services, shall be the property of the City. The City’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. The City’s ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed. This Section shall apply whether the Consultant’s Consulting Services are terminated: (a) by the completion of the Project, or (b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the Consultant shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications.
The Consultant shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by the Consultant, provided that the service rendered by the Consultant was not a proximate cause of the damage.
17.a
Packet Pg. 458 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 12 5.2 Additional Consultants or Contractors.
The City reserves the right to employ, at its own expense, such additional consultants or contractors as the City deems necessary to perform work or to provide the Consulting Services on the Project.
5.3 Employment of City Staff.
This Agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Consultant employs an individual who, within the last twelve months immediately preceding such employment did, in the individual’s capacity as an officer or employee of the City, participate in, negotiate with, or otherwise have an influence on the recommendation made to the City Council or City Manager in connection with the selection of the Consultant.
ARTICLE VI
INDEMNIFICATION
6.1 Indemnification
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including but not limited to liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or Subconsultants of Consultant.
6.1.1 General Indemnification Provisions.
Consultant shall obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every Subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section.
17.a
Packet Pg. 459 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 13 ARTICLE VII
MISCELLANEOUS
7.1 Notices.
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the City shall be addressed to: City of El Centro, Economic Development Division, 1275 Main Street, El Centro, CA 92243, and notice to the Consultant shall be addressed to: Mosaic Community Planning, P.O. Box 170349, Atlanta, GA 31117.
7.2 Headings.
All article headings are for convenience only and shall not affect the interpretation of this Agreement.
7.3 Non-Assignment.
The Consultant shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City’s prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.
7.4 Independent Contractors.
The Consultant and any Subconsultants employed by the Consultant shall be independent contractors and not agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Consultant concerning the details of performing the Consulting Services, or to exercise any control over such performance, shall mean only that the Consultant shall follow the direction of the City concerning the end results of the performance.
7.5 Consultant and Subconsultant Principals for Consulting Services.
It is understood that this Agreement is for unique Consulting Services. Retention of the Consultant’s Consulting Services is based on the particular professional expertise of the individuals rendering the services set forth in each Task. Accordingly, portions of the described service may not be delegated to other members of the team or Subconsultants without prior written consent by the City. It is mutually agreed that Jeremy D. Gray, Principal, is the principal person responsible for delivery of all Consulting Services and may not be removed from any tasks without the City’s prior written approval. In the event Jeremy D. Gray becomes unavailable for any reason, the City must be consulted as to any replacement. Further, the City reserves the right, after consultation with the Consultant, to require removal of the Consultant’s employees or agents.
7.6 Covenants and Conditions.
All provisions of this Agreement expressed as either covenants or conditions on the part of the City or the Consultant, shall be deemed to be both covenants and conditions.
17.a
Packet Pg. 460 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 14 7.7 Compliance with Controlling Law.
The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720 as amended in 2000 relating to the payment of prevailing wages during the design and preconstruction phases of a project, including inspection and land surveying work. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules, or regulations.
The laws of the State of California shall govern and control the terms and conditions of this Agreement.
7.8 Jurisdiction and Venue and Attorney Fees.
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of Imperial, State of California.
7.9 Successors in Interest.
This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party’s successor in interest.
7.10 Integration.
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement.
7.11 Counterparts.
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties had executed the same page.
7.12 No Waiver.
No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
7.13 Severability.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal
17.a
Packet Pg. 461 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 15 7.14 Municipal Powers.
Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a body politic of the State of California.
7.15 Drafting Ambiguities.
The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
7.16 Signing Authority.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
7.17 Conflicts Between Terms.
If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
7.18 Non-appropriation.
This agreement is based on the availability of public funding on the part of the City. In the event of unavailability or non-appropriation of funds, the City may either agree to make up the shortfall in a manner of its choosing or terminate the agreement, without penalty, after written notice to the consultant. Should the City elect to terminate the agreement, it shall compensate the consultant for the work it has performed up to the date of termination. (Signatures on Next Page)
17.a
Packet Pg. 462 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
17.a
Packet Pg. 463 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
17 EQUAL OPPORTUNITY STANDARD CONTRACT LANGUAGE:
ALL CONTRACTS AND SUBCONTRACTS
1. The Civil Rights, HCD, and Age Discrimination Acts Assurances:
During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations.
2. The Training, Employment, and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance:
a) The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for Work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b) The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c) The Grantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
d) The Grantee will include these Section 3 clauses in every contract and subcontract for Work in connection with the project and will, at the direction of the State, take appropriate action pursuant to the contract upon a finding that the Grantee or any contractor or subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and, will not let any contract unless the Grantee or contractor or subcontractor has first provided it with a
17.a
Packet Pg. 464 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
18 preliminary statement of ability to comply with the requirements of these regulations.
e) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement shall be a condition of the Federal financial assistance provided to the project, binding upon the Grantee, its successors, and assigns. Failure to fulfill these requirements shall subject the Grantee, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
3. State Nondiscrimination Clause:
a) During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b) This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
17.a
Packet Pg. 465 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
19 EQUAL OPPORTUNITY CLAUSE AND FEDERAL EQUAL EMPLOYMENT
OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS
A. Equal Opportunity Clause. During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
3. The contractor will send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the contractor's noncompliance with the discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
17.a
Packet Pg. 466 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
20 remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 504 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted construction work; provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and Federally assisted construction contracts, pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund
17.a
Packet Pg. 467 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
21 occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
B. Federal Equal Employment Opportunity Construction Contract Specifications.
1. As used in these specifications:
a. "Covered area,” means the geographical area described in the solicitation from which this contract resulted.
b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority.
c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin).
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race).
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, southeast Asia, the Indian subcontinent or the Pacific Islands).
(4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area
17.a
Packet Pg. 468 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
22 (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the plan's goals and timetables.
4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
17.a
Packet Pg. 469 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
23 a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7.b. above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards
17.a
Packet Pg. 470 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
24 accessible to all employees at each location where construction work is performed.
g. Review at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60.3.
l. Conduct at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the
17.a
Packet Pg. 471 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
25 EEO policy and the contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7.a. through 7.p.). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7.a. through 7.p. of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin.
17.a
Packet Pg. 472 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
26 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246.
12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company's EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area resident (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
16. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that they do not maintain or provide for their employees any segregated facility at any of their establishments, and that they does not permit employees to perform their services at any location under their control where segregated facilities are maintained. They certify further that they will not maintain or provide for employees any segregated facilities at any of their establishments, and they will not permit employees to perform their services at any location under their control where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities"
17.a
Packet Pg. 473 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 1-A
27 means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas,* transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, habits, local custom, or otherwise. They further agree that (except where they have obtained identical certifications from proposed subcontractors for specific time periods) they will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that they will retain such certifications in their files; and that they will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).
*Parking lots, drinking fountains, recreation or entertainment areas.
17.a
Packet Pg. 474 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 2
28 ADDITIONAL CDBG COMPLIANCE REQUIREMENTS
1. Anti-Lobbying Certification
The Grantee shall require that the language of this certification be included in all contracts or subcontracts entered into in connection with this grant activity and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and no more than $100,000 for such failure.
The undersigned certifies, to the best of their knowledge or belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
2. Bonus or Commission. Prohibition Against Payments of The assistance provided under this agreement shall not be used in the payment of any bonus or commission for the purpose of:
a. obtaining the State’s approval of the application for such assistance, or b. the State’s approval of the applications for additional assistance, or c. any other approval or concurrence of the State required under this agreement, Title I of the Housing and Community Development act of 1974, or the State regulations with respect thereto:
17.a
Packet Pg. 475 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 2
29 provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
3. Conflict of Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
17.a
Packet Pg. 476 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 2A
30 ADDITIONAL CDBG COMPLIANCE REQUIREMENTS
1. LABOR STANDARDS – FEDERAL LABOR STANDARDS PROVISIONS The Grantee and the Consultant shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of:
Davis-Bacon Act (40 USC 276a-5) requires that workers receive no less than the prevailing wages being paid for similar work in their locality. Prevailing wages are computed by the Department of Labor and are issued in the form of federal wage decisions for each classification of work. The law applies to most construction, alteration, or repair contracts of $2,000.
Copeland “Anti Kickback” Act (47 USC 276c) requires that workers be paid at least once a week without any deductions or rebates except permissible deductions.
Contract Work Hours and Safety Standards Act – CWHSSA (40 USC 327-333) requires that workers receive “overtime” compensation at a rate of 1.5 times their regular hourly wage after they have worked 40 hours in one week.
Title 29. Code of Federal Regulations. Subtitle A. Parts 1. 3. and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the DavisBacon Act, as amended.
2. CLEAN AIR AND WATER/ENVIRONMENTAL REGULATIONS
The Grantee and the consultant agree to abide by the State rules and regulations regarding such matters as clean air and water, and environment regulations.
3. NLRB CERTIFICATION/PROCUREMENT/PROGRAM INCOME/UNIFORM ADMIN
REQUIREMENTS
The Grantee and the Consultant agree to abide by the State rules and regulations regarding such matters as NLRB, procurement, program income and uniform administrative requirements.
17.a
Packet Pg. 477 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 3
31 SECTION 3 CLAUSE
FOR CONSTRUCTION CONTRACTS AND SUBCONTRACTS
AT OR ABOVE $100,000
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 170lu (Section 3).
The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3. As evidence by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135.
F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUDassisted contracts.
17.a
Packet Pg. 478 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) Attachment 3
08/09wjs\j:CA\Econ-LSR\233-20101.1\Geotechnical Inc Consultant Agr 32
THE IMMIGRATION REFORM AND CONTROL ACT
The Immigration Reform and Control Act of 1986 (IRCA) legally mandates that U.S. employers verify the employment eligibility status of newly-hired employees. IRCA made it unlawful for employers to knowingly hire or continue to employ unauthorized workers. In response to the law, the Immigration and Naturalization Service (INS), now an integrated component of the Department of Homeland Security (DHS), created Form I-9 and mandated its accurate and timely completion by all U.S. employers and their employees.
• For employers who fail to properly complete, retain, or make I-9 Forms available for inspection, fines range from $100 to $1,100 per individual I-9. • For employers who knowingly hire or knowingly continue to employ unauthorized workers, civil penalties range from $250 to $11,000 per violation. • For employers engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers, fines can be as much as $3,000 per employee and/or 6 months of imprisonment.
• Federal contractors and subcontractors will be required to begin using the E-Verify system starting Jan. 15, 2009, to verify their employees’ eligibility to legally work in the United States. In a final rule published in the Federal Register, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation (FAR) to reflect this change. Further compliance information must be obtained at http://www.formi9.com/index.aspx.
17.a
Packet Pg. 479 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
EXHIBIT “A”
SCOPE OF WORK
17.a
Packet Pg. 480 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
17.a
Packet Pg. 481 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
17.a
Packet Pg. 482 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
17.a
Packet Pg. 483 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
[TO BE PROVIDED BY CONSULTANT]
17.a
Packet Pg. 484 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
EXHIBIT “B”
FEE SCHEDULE
17.a
Packet Pg. 485 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
EXHIBIT “C”
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
I
TYPES OF INSURANCE
Consultant shall provide the following types and amount of insurance:
Note: verify minimum limit for each coverage with Risk Manager] A. Commercial General Liability.
Commercial General Liability insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability exclusion for claims or suits by one insured against another.
Limits are subject to review but in no event less than $1,000,000 per occurrence and $2,000,000 aggregate.
B. Business Auto Coverage.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
C. Workers’ Compensation.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
D. Professional Liability or Errors and Omissions Insurance.
Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate.
The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
17.a
Packet Pg. 486 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
E. Unemployment and Disability Insurance.
Unemployment and disability insurance shall be provided and maintained in the manner and in the amounts required by the Unemployment Insurance Code.
II
INSURER QUALIFICATIONS
Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state of California and with an A.M. Best’s rating of A- or better and a minimum financial size VII.
III
GENERAL CONDITIONS
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City of El Centro, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, or equivalent provisions as determined by the Office of the City Attorney for the City of El Centro in its sole discretion. Consultant also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsements of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate socalled “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
17.a
Packet Pg. 487 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement.
In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interest under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Endorsements and certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such endorsements or certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any Party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City not does it waive any rights hereunder in this or any other regard.
17.a
Packet Pg. 488 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only at it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
17.a
Packet Pg. 489 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
17.a
Packet Pg. 490 Attachment: Agreement (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro
2019-2024
Analysis of Impediments
To Fair Housing Choice
and
Fair Housing Action Plan
City of El Centro
Economic Development Division
June 2019
17.b
Packet Pg. 491 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
CITY OF EL CENTRO
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE
AND
FAIR HOUSING ACTION PLAN
Master TABLE OF CONTENTS
SECTION I: INTRODUCTION AND EXECUTIVE SUMMARY I-1 to I-6 SECTION II: 2019-2024 FAIR HOUSING ACTION PLAN II-1 to II-13 SECTION III: EVALUATION OF EL CENTRO’S CURRENT FAIR HOUSING LEGAL STATUS III-1 to II-6
SECTION IV: DESCRIPTION OF FAIR HOUSING PROGRAMS/ACTIONS IV-1 to IV-3 SECTION V: FAIR HOUSING COMMUNITY PROFILE V-1 to V-27
SECTION VI: IDENTIFICATION OF PUBLIC SECTOR IMPEDIMENTS TO FAIR HOUSING CHOICE VI-1 to VI-19
SECTION VII: IDENTIFICATION OF PRIVATE SECTOR IMPEDIMENTS TO FAIR HOUSING CHOICE VII-1 to VII-34
17.b
Packet Pg. 492 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION I
INTRODUCTION AND
EXECUTIVE SUMMARY
17.b
Packet Pg. 493 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION I-INTRODUCTION AND EXECUTIVE SUMMARY
SECTION PAGE
A. INTRODUCTION I-1
1. Format of the AI Report I-1
2. El Centro’s Regional Setting I-2
3. Purpose of the Report I-3
4. Defining Fair Housing Choice I-4
5. Participants and Funding for the AI I-4
B. EXECUTIVE SUMMARY I-5
List of Tables
Table I-1 HUD Suggested AI Format I-1
17.b
Packet Pg. 494 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section I: Introduction and Executive Summary
I-1
A. INTRODUCTION
1. Format of the AI Report
The U.S. Department of Housing and Urban Development (HUD) has not issued regulations defining the scope of analysis and the format to be used by grantees when they prepare their Analysis of Impediments to Fair Housing Choice (AI). In 1996, HUD published a Fair Housing Planning Guide which includes a “Suggested AI Format.” For two reasons, the organization of El Centro’s AI report conforms to the format suggested by HUD. First, the 1996 Fair Housing Planning Guide remains the only official guidance provided by HUD to grantees on how to prepare and present an AI. Second, the U.S. Department of Government Accountability Office relied on the suggested format in its review of 441 AIs. Table I-1 shows the AI format used the GAO in its review of grantee AIs.
Table I-1
HUD Suggested AI Format
Suggested Element Description
Introduction and executive
summary of the analysis
Explains who conducted the AI and identifies the
participants and methodology used, funding source,
and summaries of impediments found and actions to
address them.
Jurisdictional background data Includes demographic, income, employment, housing profile, maps, and other relevant data.
Evaluation of jurisdiction’s current
fair housing legal status
Discusses fair housing complaints and compliance
reviews that have resulted in a charge or finding of
discrimination, fair housing discrimination suits filed by the Department of Justice or private plaintiffs, the
reasons for any trends or patterns in complaints and
enforcement, and other fair housing concerns.
Identification of impediments to fair
housing choice
Identifies impediments to fair housing.
Conclusions and recommendations
for overcoming impediments
Summarizes any impediments identified in the analysis
and presents recommendations to overcome identified
impediments.
Time frames for implementing
actions to overcome impediments1
Sets out the time frame for completing each action or
set of actions to serve as milestones toward achieving
the actions.
Signature page Includes the signature of a chief elected official, such as a mayor.
1 Please note that the GAO stated that while the suggested AI format does not include time frames for implementing recommendations to address identified impediments, time frames are discussed elsewhere in the Fair Housing Planning Guide as a component of fair housing planning.
Source: United States Government Accountability Office, Housing and Community Grants: HUD Needs to Enhance Its Requirements and Oversight of Jurisdictions’ Fair Housing Plans, September 2010, 48 pages
17.b
Packet Pg. 495 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section I: Introduction and Executive Summary
I-2
The El Centro AI contains seven sections:
Section I Introduction and Executive Summary: The Introduction presents the AI report format; El Centro’s regional setting, purpose of the report, fair housing definition and report preparation participants. The Executive Summary presents an overview of the AI including a brief description of the impediments found and actions to address impediments.
Section II Fair Housing Action Plan: This Section describes the conclusions and recommendations resulting from the AI analysis. It identifies public and private sector impediments to fair housing choice and the actions which will be implemented during the FY 2019-2020 to FY 2023-2024 time period.
Section III Evaluation of El Centro’s Current Fair Housing Legal Status: This Section discusses fair housing complaints and compliance reviews and other information pertaining to El Centro’s fair housing legal status.
Section IV Description of Fair Housing Programs/Actions: This Section describes current programs and actions that promote fair housing. It describes programs and actions supported by the City as well as those implemented by the private sector.
Section V Fair Housing Community Profile: This Section includes population, household and employment projections as well as the demographic and other characteristics of the fair housing protected groups such as their number and well-being in terms of household income, poverty and home ownership.
Section VI Identification of Public Sector Impediments to Fair Housing Choice: This Section presents information on the policies and practices of the Imperial Valley Housing Authority, Imperial Valley Transit, City of El Centro and the location of group homes.
Section VII Identification of Private Sector Impediments to Fair Housing Choice: This Section presents an analysis of practices prohibited by the federal Fair Housing Act and identifies which ones pose impediments to fair housing choice.
2. El Centro’s Regional Setting
El Centro is the county seat of Imperial County, the largest city in the Imperial Valley, east anchor of the Southern California Border Region, and the core urban area and principal city of the El Centro metropolitan area which encompasses all of Imperial County. El Centro is also the largest American city to lie entirely below sea level (-50 feet). The City, located in the far southeastern corner of California, is near the major Southern California cities of San Diego and Los Angeles to its west, Yuma, Phoenix and Tucson to its east, as well as the Mexican city of Mexicali to its south.
Founded in 1906, W. F. Holt and C.A. Barker purchased the land on which El Centro was eventually built for about $40 an acre and invested $100,000 in improvements. As one historian of Valley life put it, "in only five months El Centro went from a barley field to a city...” It is home to retail, transportation, wholesale, and agricultural industries. There are also two international border crossings nearby for commercial and noncommercial vehicles.
17.b
Packet Pg. 496 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section I: Introduction and Executive Summary
I-3
Because of its large population, which is projected to reach nearly 61,000 people by 2040, El Centro’s residents – especially in-place renters – have a continuing need for fair housing services.
3. Purpose of the Report
The City of El Centro annually receives funds from the Federal Community Development Block Grant (CDBG) program. An Affirmatively Furthering Fair Housing (AFFH) certification is required of cities and counties that receive funds from this program. The AFFH certification states that the community receiving HUD funds:
…will affirmatively further fair housing … by conducting an analysis to identify impediments to fair housing choice within its jurisdiction, taking appropriate actions to overcome the effects of any impediments identified through the analysis, and maintaining records reflecting the analysis and actions in this regard.
HUD interprets the broad objectives of the requirement to affirmatively further fair housing choice to mean that recipients must:
Analyze and eliminate housing discrimination in the jurisdiction; Promote fair housing choice for all persons;
Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability, and national origin; Promote housing that is structurally accessible to, and usable by, persons with disabilities; and
Foster compliance with the nondiscrimination provisions of the Federal Fair Housing Act.
Source: U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Memorandum on Compliance-Based Evaluations of a Recipient’s Certifications that it has Affirmatively Furthered Fair Housing, March 5, 2013, page 4
Therefore, the fundamental purpose of the AI Report is to maintain the City of El Centro’s compliance with the AFFH certification. In so doing, the City will promote fair housing and remove or ameliorate the public and private sector impediments that have been identified through the analysis.
The time period of the AI is from FY 2019-2020 through FY 2023-2024. The AI time period aligns with the City’s five-year Consolidated Plan.
17.b
Packet Pg. 497 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section I: Introduction and Executive Summary
I-4
4. Defining Fair Housing Choice
HUD defines fair housing as:
…a condition in which individuals of similar income levels in the same housing market have a like range of choices available to them regardless of race, color, national origin, religion, sex, handicap, or familial status.
HUD draws an important distinction between household income, affordability and fair housing.
Economic factors that impact housing choice are not fair housing issues per se. Only when the relationship between household incomes combined with other factors - such as household type or race and ethnicity - create misconceptions and biases do they become a fair housing issue.
Tenant/landlord disputes are also not typically fair housing issues, generally resulting from an inadequate understanding by the parties on their rights and responsibilities. Such disputes only become fair housing issues when they are based on factors protected by fair housing laws and result in differential treatment.
Impediments to fair housing choice, according to HUD, are -- Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin which restrict housing choices or the availability of housing choices. (Intent)
Any actions, omissions, or decisions which have the effect of restricting housing choices or the availability of housing choices because of race, color, religion, sex, disability, familial status, or national origin. (Effect)
HUD has explained that policies, practices, or procedures that appear neutral on their face, but which operate to deny or adversely affect the availability of housing to persons because of race, ethnicity, disability, and families with children may constitute such impediments.
5. Participants and Funding for the AI
The lead agency for preparation of the AI and Fair Housing Action Plan is the Economic Development Division. Valuable input to the AI was provided by:
Community Development Department
Inland Fair Housing and Mediation Board (IFHMB)
Imperial County Association of REALTORS
Access to Independence
Imperial Valley Transit
Imperial Valley Housing Authority
CDBG funds were expended to complete the AI. CDBG funds paid for consultant assistance on AI report preparation and for staff time expended on the project. In addition, the City uses CDBG funds to support the services of the Inland Fair Housing Mediation Board (IFHMB).
Inland compiled service and housing discrimination statistics for use in the AI and provides fair housing and tenant/landlord counseling services under contract to the City of El Centro.
17.b
Packet Pg. 498 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section I: Introduction and Executive Summary
I-5
B. EXECUTIVE SUMMARY
The scope and content of the AI and Fair Housing Action Plan are consistent with the format suggested by HUD in the 1996 Fair Housing Planning Guide. Two major components comprise the report:
An Analysis of Impediments to Fair Housing Choice
A description of the actions to be taken by the City and its fair housing provider to overcome the effects of the identified impediments (i.e., Fair Housing Action Plan) Section II describes the Fair Housing Action Plan. Actions are described which address both public and private sector impediments. The City will have responsibility for ameliorating or removing the identified public sector impediments which pertain primarily to zoning definitions and practices.
The City and its fair housing provider will implement actions to eliminate or ameliorate the identified private sector impediments which include, but are not limited, to:
Processing housing discrimination complaints
Offering fair housing training to the Imperial County Association of REALTORS Increasing community awareness of available fair housing services Informing the public of steering and appraisal practices at free community workshops Addressing mortgage lending practices adversely impacting fair housing protected groups
In addition, Section II outlines an implementation schedule.
Section III demonstrates that the City is in compliance with the fair housing requirements. The City has a program to process housing discrimination complaints; has not been subject to a HUD-initiated complaint; has not been subject to a compliance review; and has not been subject to a fair housing lawsuit.
Section IV explains the public and private sector fair housing programs and actions. The City contracts with a fair housing provider who provides residents with the fair housing services and tenant/landlord counseling services.
Private sector fair housing programs are implemented by the California Department of Real Estate/Imperial County Association of REALTORS, property management industry, and Apartment Owners Association (AOA).
Section V presents a detailed analysis of demographic, housing, income, and employment data.
Information also is presented on population and demographic characteristics of several fair housing protected groups (e.g., race, disability, families with children, etc.).
El Centro’s residents will continue to have a need for fair housing services because of the following factors:
El Centro’s population is projected to reach almost 61,000 people by the year 2040. There are now almost 6,700 renter households residing in El Centro.
17.b
Packet Pg. 499 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section I: Introduction and Executive Summary
I-6
The number of renter households will increase as housing is built to accommodate the projected population increase.
In-place tenants and rental home seekers make the vast majority of all calls for service made to the City’s fair housing provider.
An increase in housing discrimination complaints is likely to occur due to the increase in the number of renter households combined with an increased knowledge by residents of fair housing rights.
Section VI contains the detailed analysis of potential and actual public sector impediments to fair housing choice.
Section VII contains the detailed analysis of potential and actual private sector impediments to fair housing choice.
As previously mentioned, Section II provides a summary of the identified impediments and the actions to be taken between FY 2019-2020 and FY 2023-2024.
17.b
Packet Pg. 500 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION II
2019-2024 FAIR HOUSING ACTION PLAN
17.b
Packet Pg. 501 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) SECTION II: 2019-2024 FAIR HOUSING ACTION PLAN
SECTION PAGE
A. INTRODUCTION II-1
B. AI IMPLEMENTATION PROGRESS II-1
1. Public Sector Impediments II-1
2. Private Sector Impediments II-3
C. PUBLIC CONSULTATION AND PUBLIC PARTICIPATION PROGRAM II-5
1. Resident Fair Housing Survey II-5
2. Fair Housing Advisory Council II-5
3. Public Review Period II-6
D. SUMMARY OF THE ANALYSIS OF PUBLIC SECTOR IMPEDIMENTS, FAIR HOUSING ACTION PLAN AND IMPLEMENTATION SCHEDULE II-6
1. Imperial Valley Housing Authority II-6
a. Impediment #1: Section 8 Householders Disproportionately Reside in Neighborhood with a High Poverty Rate II-6
b. Impediment #2: On-Site Property Managers are Not Fully Aware of Fair Housing Laws II-7
2. Imperial Valley Transit II-7
3. Group Homes Housing Disabled and Frail Elderly People II-8
4. Planning, Zoning and Building Policies and Practices II-8 a. Impediment #1: Senior Housing Standards are not Consistent with Federal Law on Housing for Older Persons II-8
b. Lack of Special Provisions for Making Housing Accessible to Persons with Disabilities II-9
5. Assessment of Fair Housing II-9
D. SUMMARY OF THE ANALYSIS OF PRIVATE SECTOR IMPEDIMENTS, FAIR HOUSING ACTION PLAN AND IMPLEMENTATION SCHEDULE II-10
1. Housing Discrimination II-11
2. Mortgage Lending Practices II-11
3. Property Management Practices II-12
17.b
Packet Pg. 502 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
4. Additional Actions to Affirmatively Further Fair Housing II-12 a. Brokerage Services II-12
b. Steering II-12
c. Appraisal Practices II-13
d. Homeowners Insurance II-13
e. Discriminatory Advertising II-13
List of Tables
Table II-1 City of El Centro Analysis of Impediments to Fair Housing Choice Page References for Discussion of Private Sector Fair
Housing Impediments II-10
17.b
Packet Pg. 503 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-1
A. INTRODUCTION
HUD’s Fair Housing Planning Guide states:
Jurisdictions should summarize conclusions reached based on the AI, and describe in detail recommendations for resolution of the problems identified. This discussion is the link between the AI part of FHP [Fair Housing Planning] and the actions underway and proposed to promote fair housing choice.
Furthermore, the Affirmatively Furthering Fair Housing (AFFH) certification signed by the City obligates the City to:
Take appropriate actions to overcome the effects of any impediments identified through the AI.
Therefore, Section II – El Centro’s Fair Housing Action Plan – describes the actions to overcome the impediments identified through completion of the Analysis of Impediments to Fair Housing Choice (AI). Section II is a summary of the more detailed analysis of the public sector impediments which are described in Section VI and the private sector impediments which are described in Section VII.
HUD advises entitlement jurisdictions to develop the AI and FHAP through a process similar to the development of the Consolidated Plan. More specifically, HUD recommended that:
Before developing actions to eliminate the effects of any impediments identified through the AI (fair housing actions), the jurisdiction should:
Ensure that diverse groups in the community are provided a real opportunity to take part in the development process
Create the structure for the design and implementation of the actions Source: U. S. Department of Housing and Urban Development, Fair Housing Planning Guide – Volume 1, March 1996, pages 2-21 and 2-22
Key elements of the process through which the recommended implementation actions were development included a public consultation and participation program.
Part B below describes the progress made toward implementing the actions recommended in the 2014-2019 AI. The actions which were implemented are not carried for to the new five-year planning cycle.
B. AI IMPLEMENTATION PROGRESS
This part describes the progress made toward implementing the recommendations of the adopted 2014-2019 AI. Recommendations which have not been implemented will be carried forward for implementation during the FY 2019-2020 to FY 2023-2024 time period.
1. Public Sector Impediments
The 2014-2019 AI included the following recommendations:
17.b
Packet Pg. 504 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-2
The Imperial Valley Housing Authority (IVHA) should provide new Section 8 voucher holders with an inventory of housing opportunities located outside of Census Tract 115.00.
The Imperial Valley Transit (IVT) should directly inform the residents of the affordable housing developments of available transit services. For example, a flyer describing the transit services could be distributed to the occupants of these developments so they are fully aware of the available services.
Increase the community’s awareness of the Zoning Ordinance’s Reasonable Accommodation Procedure.
Revise the Zoning Ordinance definition of “disability” to mirror the one contained in California’s Fair Employment and Housing Act.
Update the Zoning Ordinance definition of “senior housing” and identify the residential zones in which such housing is permitted by right and conditionally permitted.
Explore the potential adoption of a universal design ordinance.
The IVHA provides voucher holders with a list of landlords who accepts vouchers and encourages them to use portability. Currently, there are 954 voucher holders in El Centro. In general, 33% of all participants are elderly; 19% are a head of household with a disability; 6% are large families; and 42% are not elderly, disabled or large families.
In June 2018, IVT published Ride with Us (Viaje Con Nosotros) which describes in both English and Spanish all routes, route maps, days of service, and zone fares. The rider guide is accessible on the IVT website and provides information to all of the Imperial Valley, including the residents of El Centro’s affordable housing developments.
On September 15, 2015, the City Council approved revisions to the Reasonable Accommodation Procedure. The revisions are consistent with the recommendations of the California Attorney General’s Office and the 2014-2019 AI. Additionally, the $428 Administrative Review application fee was eliminated. The revised procedure directs the Community Development Department to provide:
Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Community Development Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Community Development Department.
The Reasonable Accommodation Procedure includes an updated definition of disability.
Consistent with the California fair housing law, the revised definition now states “limits” rather than “substantially limits,” which is the term used under Federal law.
The AI recommendations regarding senior housing and a universal design ordinance have not yet been implemented. Amendments to a zoning ordinance are usually more effective when considered as part of a comprehensive update. The City’s Final Vision 2050 Strategic Plan, adopted December 1, 2015, includes a strategy to seek grant funding to update the General
17.b
Packet Pg. 505 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-3
Plan and Zoning Ordinance. Consequently, zoning related recommendations will be considered and implemented in the future.
2. Private Sector Impediments
The 2014-2019 AI included the following recommendations:
Partner with the Inland Fair Housing Mediation Board (IFHMB) to provide a variety of fair housing services, landlord-tenant counseling; and to increase community awareness of Inland.
The Imperial County Association of REALTORS should add fair housing information to its website.
Community awareness of IFHMB services have been through monthly community outreach, community events and social media. IFHMB attends a monthly Imperial Valley Continuum of Care Council Meetings. The monthly meetings are to engage individuals and organizations of the Imperial Valley in a community-based process that works to eradicate homelessness in the region. The monthly collaborative meeting is attended by many City of El Centro community organizations and provides a great opportunity to collaborate with other community organizations.
Inland also accomplished the following:
Monthly outreach throughout the City to inform El Centro residents of programs and services the agency provides.
Attend community events/meetings – e.g., Point in Time Count Transitional Fair – Resource Fair
Radio ads – Fair Housing Month
Social media – Facebook, Twitter, Eventbrite, Google AdWords, Mailchimp Agency Workshops (flyers) – are promoted using various social media platforms such as (Facebook, Twitter, Eventbrite, and Mailchimp), IFHMB website, City of Centro City Hall community board.
Average annual agency programs and services outreach distributed 10,000. First Time Homebuyer workshop conducted in El Centro – 19 workshops Fair Housing Workshops – 13 workshops (FY-14-18)
Attendees received information on California landlord-tenant laws, and state and federal fair housing laws, including information about the protected classes under the Fair Housing Act, with an emphasis on the reasonable accommodation and reasonable modification process for disabled persons.
Additionally, Inland accomplished the following:
Thirty-two housing discrimination complaints were processed by Inland during the four years covered by FY 2014-2015 through FY 2017-2018.
In FY 2018-2019, Inland has added to its intake management system the “steering” category to alleged acts.
17.b
Packet Pg. 506 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-4
Information on homeowners insurance was provided to first time homebuyers during the educational seminars.
Inland continues to promote the May and October workshops including landlords and property managers.
Inland does ensure that all clients are made aware of the reasonable accommodation process and highlights this topic during the workshops.
The following recommendations will be carried forward and included in the AI Update:
Although no impediments were found concerning brokerages services, the Imperial County Association of REALTORS should consider the following:
Add a Fair Housing Information button (e.g., include information on steering, link to the Inland Fair Housing and Mediation Board, etc.) to the Resources tab. In the current Insurance button adding information such as the value of a C.L.U.E. Report (Comprehensive Loss Underwriting Exchange) when purchasing a home
Enlisting the services of the Inland Fair Housing Mediation to offer onsite a 3-hour Fair Housing course.
Due to a lack of funding, Inland and the City were unable to implement the following recommendations:
Conduct research to determine, if possible, the reasons why there are such a low number and percentage of Black households seeking a loan to purchase a home in El Centro.
Address the potential problems associated with low equity homebuyers by:
Maintaining an inventory of FHA/VA and low down payment financed homes. Monitor on a regular schedule the notices of default by address made available from the County Recorder’s Office or through a subscription service. Match the notices of default by address to the addresses of the low down payment financed homes.
Contact the borrowers in default and inform them of certified default and foreclosure counseling services available to homeowners at risk of losing their homes. Review newspaper ads to determine whether discriminatory words or phrases are used.
Non-Hispanic homebuyers, who include Black/African householders, comprise 14% of all of El Centro’s homebuyers. This percentage is higher than what these groups represent of the total City and County populations. Consequently, additional research on the Black share of home buyers is not warranted at this time.
In addition, low equity homebuyers are no longer a large share of all homebuyers. Therefore, further research on this potential issue is not warranted.
Newspaper ads were reviewed during the preparation of the 2019-2024 AI. It was found that discriminatory words and phrases are rarely included in the ads.
17.b
Packet Pg. 507 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-5
C. PUBLIC CONSULTATION AND PUBLIC PARTICIPATION PROGRAM
1. Resident Fair Housing Survey
The City posted a Resident Fair Housing Survey in the English and Spanish languages on its website for a 4-month period. However, there were no responses to the online survey.
In 2014, the City also posted a fair housing survey on its website. A brief summary of the results of the survey are as follows:
One-third and two-thirds of the respondents were owners and renters, respectively. Four of every 10 households were a married couple with children. Two of every 10 households were a female householder with children. One third of the respondents stated that a member of their household has a disability. Four of every 10 respondents said they had or may have experience housing discrimination while a resident of El Centro.
Among the bases mentioned by the respondents were color, familial status, source of income, age and other.
Landlord/property manager was cited most frequently as the person who committed the discrimination.
Among the alleged discriminatory acts were refusal to allow reasonable modifications, permission to have a service or companion animal, refusal to rent because of children, and charging to high of an interest rate.
When asked if the respondent knew to whom housing discrimination the vast majority stated Inland, HUD, or the State. The responses, though, indicate that there should be better community awareness of Inland’s fair housing services as they are located in El Centro.
2. Fair Housing Advisory Council
Consultation with public and private agencies is an essential element of both a Consolidated Plan and an AI. The 2014-2019 AI was developed with the participation of a Fair Housing Advisory Council which included representatives from the following organizations:
Imperial County Transportation Commission
Imperial Valley Housing Authority
Chelsea Investments (affordable housing developer)
Imperial County Association of REALTORS
California Rural Legal Assistance, Inc.
Inland Fair Housing and Mediation Board
Access to Independence (Independent Living Center)
Additional input was obtained from these organizations during the preparation of the 2019-2024 AI. Descriptions of the input are included in the discussions of the potential and actual public and private sector impediments.
17.b
Packet Pg. 508 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-6
3. Public Review Period
The Draft AI was made available for public review and comment beginning on March 5, 2019. The 30-day review period ended on April 3, 2019. During this period, no public comments on the Draft AI were submitted to the City.
D. SUMMARY OF THE ANALYSIS OF PUBLIC SECTOR IMPEDIMENTS,
FAIR HOUSING ACTION PLAN AND IMPLEMENTATION SCHEDULE
The identification of public sector fair housing impediments involves the following:
Policies and practices of the Imperial Valley Housing Authority Transit services provided to affordable housing developments and major employers by the Imperial Valley Transit
Dispersal or concentration of group homes housing disabled and frail elderly people City of El Centro Planning, Zoning, and Building Policies and Practices
1. Imperial Valley Housing Authority
A review was made of the IVHA policies and practices in the following areas:
Specific steps that are being taken to promote housing choices for certificate and voucher holders
Practices to encourage certificate and voucher holders to look for housing in neighborhoods that are not traditional residential areas for such holders Specific efforts undertaken to desegregate public housing developments Policies regarding the admittance of persons with mental and other non-physical disabilities
Tenant application, selection and assignment policies Concentrations and exclusions based on race, ethnicity, disability and familial status Consistency of IVHA with the requirements of federal, state, local law and HUD regulations and guidelines
Whether HUD housing providers have been found in noncompliance with one or more civil rights laws or regulations
Whether housing rights information is conveyed to assisted households Location of public supported housing to accessible transit or public transportation a. Impediment #1: Section 8 Householders Disproportionately Reside in Neighborhood with a High Poverty Rate
The analysis revealed an impediment to fair housing choice because Section 8 assisted households may disproportionately reside in neighborhoods with concentrations of poverty and low income households. HUD promotes the goal to not locate affordable housing within racially/ethnically concentrated areas of poverty which refers to neighborhoods (census tracts) with a non-white population of 50% or more and a poverty rate of 40% or more. Census Tract 115 meets the two thresholds and, therefore, is an R/ECAP. This census tract has a population of 6,232 of which 92.5% belong to a minority group population. The poverty rate is 41.3%.
In 2014, Census Tract 115.00 had the highest number and percentage of Section 8 assisted households. Almost one-third of all Section 8 householders reside in Census Tract 115.00. 17%
17.b
Packet Pg. 509 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-7
of the housing units located in this census tract are occupied by Section 8 assisted households.
This census tract also has a concentration of low income households and minority populations.
From among the participating apartments, Section 8 voucher holders may reside in a unit of their choice. However, the IVHA should provide new Section 8 voucher holders with an inventory of housing opportunities located outside of Census Tract 115.00.
Ninety percent of Imperial County’s population belongs to a minority group. As a result, the housing occupied by public housing and Section 8 assisted residents is likely to be located in a neighborhood or census tract where the majority of the population is a member of a minority group.
However, the Housing Authority explains to voucher holders the advantages of finding housing in areas with low concentrations of low income families. This allows families to rent a unit in an area where there may be a wider selection of:
School districts
Employment
Medical facilities/doctors
Shopping
Public transportation
During the 2019-2024 period, the IVHA will take the following action:
Continue to actively encourage families to seek housing in neighborhoods with low concentrations of low income families.
b. Impediment #2: On-Site Property Managers are Not Fully Aware of Fair Housing Laws Surveys revealed that some on-site managers are not fully aware of fair housing laws regarding occupancy standards, reasonable accommodations, and other requirements. The IVHA has prepared a Housing Choice Voucher Program Guide for Landlords & Owners. The information included in the Guide can be supplemented by describing property management practices that affirmatively further fair housing such as:
Occupancy limits which refer to the maximum number of persons who may occupy an apartment unit.
Service and companion animals such as seeing-eye dogs. Reasonable housing unit modifications which refer to a structural change to existing premises to afford people with disabilities full enjoyment of a dwelling. Reasonable accommodations which refer to changes to rules, policies, practices or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.
The IVHA will prepare a guide for landlords and owners and upload it to its website. This action will be accomplished in FY 2019/2020.
2. Imperial Valley Transit
In 2014, an analysis was completed of the proximity of bus stops to the locations of all affordable housing developments. Although all affordable housing developments are near bus stops on the two main transportation routes, the 2014-2019 AI concluded that it would be helpful to directly inform the residents of the affordable housing developments of available transit
17.b
Packet Pg. 510 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-8
services. For example, a flyer describing the transit services could be distributed to the occupants of these developments so they are fully aware of the services.
This recommended action was addressed in June 2018 when IVT published Ride with Us (Viaje Con Nosotros) which describes in both English and Spanish all routes, route maps, days of service, and zone fares. The rider guide is accessible on the IVT website and provides information to all of the Imperial Valley, including the residents of El Centro’s affordable housing developments.
3. Group Homes Housing Disabled and Frail Elderly People According to HUD, the following are issues that may adversely impact fair housing choices:
Placement of group homes
Opportunities outside areas of concentration
Integrated opportunities for disabled
Restrictions on group homes
The City completed a review of public policies (State and local) that affect the decisions on the above noted issues.
No overconcentration of group homes exists. In fact, in the past five years the number of group homes located in El Centro has decreased.
The City will continue its practice of annually determining the number and location of licensed group homes. If an overconcentration appears to be emerging, the City will contact the California Department of Social Services, Community Care Licensing Division to implement measures that would avoid an overconcentration.
4. Planning, Zoning and Building Policies and Practices a. Impediment #1: Senior Housing Standards are not Consistent with Federal Law on Housing for Older Persons
HUD considers an impediment to fair housing choice exists if the standards for senior housing do not comply with federal law on housing for older persons (i.e., solely occupied by persons 62 years of age or older, or at least one person 55 years of age, or other qualified permanent resident pursuant to California Civil Code Section 51.3).
The Zoning Ordinance defines senior housing as follows:
Senior citizen apartment project. A residential development of thirty-five (35) dwelling units or more designed for permanent residency by qualifying residents in accordance with California Civil Code section 51.3. This definition pertains to the density bonus allowed for senior housing units allowed in accordance with the state density bonus provisions, and includes mobile home parks.
Senior Citizen Apartment Projects are conditionally permitted in the R-2 and R-3 Zones. Both these residential zones allow multiple family apartment dwellings and the R-3 Zone accommodates the development of condominium dwellings.
17.b
Packet Pg. 511 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-9
The Zoning Ordinance allows senior housing only in the context of a density bonus project.
Therefore, a literal interpretation of the zoning regulations means a senior housing development that does not seek a density bonus would be prohibited. Consequently, the Zoning Ordinance should be updated to more broadly define senior housing and to list the zones in which it would be a use permitted by right or conditionally permitted.
The Zoning Ordinance establishes a minimum of 35 housing units when a project is occupied by qualifying residents. However, Health and Safety Code Section 51.3 establishes no minimum project size if all the qualifying residents are 62 years of age or older. Therefore, the Zoning Ordinance should be updated to mirror the senior age thresholds provided by Section 51.3.
As previously explained, amendments to a zoning ordinance are usually more effective when considered as part of a comprehensive update. The City’s Final Vision 2050 Strategic Plan, adopted December 1, 2015, includes a strategy to seek grant funding to update the General Plan and Zoning Ordinance. Consequently, zoning related recommendations will be considered and implemented sometime during the 2019-2014 period.
b. Lack of Special Provisions for Making Housing Accessible to Persons with Disabilities HUD considers the lack of special provisions for making housing accessible to persons with disabilities in the Zoning Ordinance or Building Code potentially to be a fair housing impediment.
The City’s analysis concludes that the lack of special provisions for making housing accessible to persons with disabilities is not an impediment to fair housing choice. The City’s enforcement of Title 24 ensures that the minimum accessibility requirements established by federal and state laws are satisfied in new residential construction projects. However, to affirmatively furthering fair housing:
The Community Development Department will explore the potential adoption of a Universal Design Ordinance.
In order to increase an understanding of accessibility requirements, the Economic Development Division will continue to post the following link on their respective web pages:
www.ada.gov/doj_hud_statement.pdf
The link is to the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity and U.S. Department of Justice, Civil Rights Division, Joint Statement on Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act, April 30, 2013
5. Assessment of Fair Housing
Governor Brown approved AB 686 on September 30, 2018. The housing law adds fair housing as one of the required programs that must be included in a housing element that is revised or approved after January 1, 2021. By that date, a housing element must include an Assessment of Fair Housing including all the following components:
A summary of fair housing issues;
Assessment of the City’s fair housing enforcement and outreach capacity;
17.b
Packet Pg. 512 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-10
Identification of: integration and segregation patterns and trends; racially or ethnically concentrated areas of poverty; disparities in access to opportunity; disproportionate housing needs; and displacement;
An assessment of factors that contribute to the preceding fair housing issues; Identification of fair housing priorities and goals;
Description of actions to implement the priorities and goals.
The Assessment of Fair Housing will be prepared by October 2021 which coincides with the next mandated update of housing elements for jurisdictions located in the Southern California Association of Governments (SCAG) Region.
E. SUMMARY OF THE ANALYSIS OF PRIVATE SECTOR
IMPEDIMENTS, FAIR HOUSING ACTION PLAN AND
IMPLEMENTATION SCHEDULE
Section VII of the AI presents a detailed discussion of 12 private sector practices that can create impediments to fair housing choice. Table II-1 lists the pages which discuss each prohibited practice and the actual or potential impediments to fair housing choice.
Table II-1
City of El Centro
Analysis of Impediments to Fair Housing Choice
Page References for Discussion of Private Sector Fair Housing Impediments Fair Housing Impediment Page References
Housing Discrimination VII-1 to VII-4
Brokerage Services VII-4 to VII-6
Steering VII-7 to VII-9
Appraisal Practices VII-9 to VII-11
Mortgage Lending Practices VII-11 to VII-18
Homeowners Insurance VII-18 to VII-21
Blockbusting/Panic Selling VII-21 to VII-22
Property Management Practices VII-22 to VII-27
Discriminatory Advertising VII-27 to VII-29
Hate Crimes VII-29 to VII-30
Population Diversity VII-30 to VII-31
Location of Affordable Housing VII-31 to VII-34
No impediments were found to exist with regard to: brokerage services, appraisal practices, homeowners insurance, block busting/panic selling, discriminatory advertising, hate crimes, population diversity and location of affordable housing.
Impediments to fair housing choice were found to exist because of housing discrimination, mortgage lending practices, and property management practices. These actions are described in the following paragraphs as well as others intended to affirmatively further fair housing.
17.b
Packet Pg. 513 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-11
1. Housing Discrimination
Housing discrimination is an impediment to fair housing choice. Based on past trends, 40 housing discrimination cases may be filed with the IFHMB during the five year period between FY 2019-2020 and FY 2023-2024. During the same period, it is estimated that five housing discrimination cases would be filed with HUD while two to five could be filed with the DFEH.
With respect to the fair housing impediment of housing discrimination, the following actions will be taken:
The City will continue to offer to its residents fair housing services which will include the processing of housing discrimination complaints and landlord/tenant counseling services. Sometimes a landlord/tenant issue has as its basis a housing discrimination concern.
Efforts will be made to increase community awareness of the IFHMB services through postings on the City’s web pages, publication of newspaper display ads, and Community Newsletter articles. A greater community awareness of Inland may result in a higher number of families expressing their right to file a housing discrimination complaint.
These actions will be taken each year of the five-year AI period.
2. Mortgage Lending Practices
The number one known reason why borrowers are denied approval of a loan application is an excessive debt-to-income ratio. Many of these borrowers should not be making loan applications until after they have their debts under control. Loan denial rates can be reduced by providing all homebuyers, but especially first time homebuyers, with information of the loan application and approval process.
To address possible impediments, the Inland Fair Housing and Mediation Board will:
Continue to offer first-time home buyer seminars to explain to borrowers the need to lower debt-to-income ratios to a level acceptable to lenders. Implementation of this recommended action should result in better prepared borrowers and cause an increase in loan approval rates of all loan applicants, regardless of race or ethnicity. Work with the lenders to determine why a few census tracts have high loan denial rates in order to gather information that could assist would be homebuyers to increase the probability of garnering loan approval for homes in neighborhoods of their choice.
These actions will be taken each year of the five-year AI period.
In addition, AB 686 (approved by Governor Brown on September 30, 2018) requires all cities and counties to prepare an Assessment of Fair Housing (AFH) as part of its Housing Element Update which is due for adoption no later than October 2021. During the preparation of the AFH, the City will:
Conduct a multi-year analysis of loan denial rates to determine with more preciseness the degree to which lending discrimination exists in El Centro.
17.b
Packet Pg. 514 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-12
3. Property Management Practices
A survey of on-site property managers revealed that impediments to fair housing choice because of ill-informed property management practices. Therefore, subject to funding availability, the City will implement the following actions:
Invite the apartment managers to one or more workshops; the topics could include:
Fair housing laws in general
Fair housing laws regarding occupancy limits
Fair housing laws regarding reasonable accommodations and modifications Sample written policies regarding service and companion animals Distribute information on the above and other topics and distribute it to the apartment managers of all small, medium and large apartment complexes.
These actions will be implemented in FY 2020/2021. The results of implementing these actions will be described in the Assessment of Fair Housing which is due for completion by October 2021.
4. Additional Actions to Affirmatively Further Fair Housing a. Brokerage Services
Although no impediments were found concerning brokerages services, the City will request in FY 2019/2021 that the Imperial County Association of REALTORS accomplish the following:
Revise the Resources tab on its web site to:
Add a Fair Housing Information button (e.g., include information on steering, link to the Inland Fair Housing and Mediation Board, etc.)
Add information to the current Insurance button such as the value of a C.L.U.E.
Report (Comprehensive Loss Underwriting Exchange) when purchasing a home Enlist the services of Inland to offer a 3-hour Fair Housing course. Every four years, when renewing their license, all brokers and sales persons are required to complete a course on fair housing. Currently, most renewals are accomplished through online courses.
b. Steering
It is not known with certainty if steering is an impediment to fair housing choice in El Centro.
However, HUD statistics shows it is not a major issue (1% of complaints are caused by acts of steering). However, during the five-year period from FY 2019-2020 through FY 2023-2024, the City’s fair housing provider – Inland Fair Housing & Mediation Board – will:
Offer as part of its home buyer counseling services examples of how to detect “steering” during the home search process and how to detect “loan steering.” Provide information to renters attending workshops on how to detect steering behavior by resident property managers.
Continue to include “steering” as a category of alleged housing discriminatory acts.
17.b
Packet Pg. 515 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section II: 2019-2024 Fair Housing Action Plan
II-13
c. Appraisal Practices
Complaints regarding discriminatory appraisal practices are not routinely collected by local, State or Federal agencies. Would-be homebuyers are in the best position to detect potentially discriminatory practices. However, it is unknown if the lack of consumer knowledge of the scope and meaning of appraisal reports is an impediment to fair housing choice in El Centro.
The following action will be taken:
Inland will continue to offer homebuyer counseling services in order to 1) inform borrowers of their right to request the appraisal report and 2) provide information on the contents of the report and how to detect possible discriminatory practices. d. Homeowners Insurance
Evidence is unavailable on whether homebuyers in escrow who are seeking homeowner’s insurance are discriminated against because of their race, color, disability or other protected characteristics. However, without adequate knowledge would be homebuyers could pay more than they need to for appropriate insurance coverage. The lack of consumer awareness of the nature of homeowners insurance may impede fair housing choice. The following actions will continue to be taken:
Inland will continue to explain “homeowners insurance” and “CLUE Reports” during its homebuyer counseling services.
Inland will continue to provide educational services to home buyers/borrowers so they understand the impact of CLUE Reports and can compare homeowner’s premium rates.
e. Discriminatory Advertising
Ads containing discriminatory words or phrases are infrequently published. However, ads with discriminatory words or phrases may be published in the future. Additionally, ads stating “no pets” may discourage disabled persons from applying for the apartment housing advertised in print publications.
Based on the above findings, the City will accomplish the following actions:
Ensure, if funding is available, that Inland accomplishes the following:
Annually review ads published in newspapers, on-line apartment search sites, and craigslist. Ads with discriminatory words or phrases should be investigated in more detail with follow-up enforcement actions, if necessary. Encourage the Imperial Valley Press to publish a concise “no pets” notice that indicates rental housing owners must provide reasonable accommodations for “service animals” and “companion animals” for disabled persons.
17.b
Packet Pg. 516 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION III
EVALUATION OF EL CENTRO’S CURRENT
FAIR HOUSING LEGAL STATUS
17.b
Packet Pg. 517 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) SECTION III: EVALUATION OF EL CENTRO’S CURRENT FAIR HOUSING LEGAL STATUS
SECTION PAGE
A. INTRODUCTION III-1
B. FAIR HOUSING COMPLAINTS III-1
C. SECRETARY-INITIATED COMPLAINTS III-1
D. COMPLIANCE REVIEWS III-2
E. FAIR HOUSING DISCRIMINATION SUITS FILED BY THE DEPARTMENT OF JUSTICE OR PRIVATE PLAINTIFFS III-3
F. REASONS FOR ANY TRENDS OR PATTERNS III-5
List of Tables
Table III-1 Complaints against Recipients of HUD Funds, FY 2016 III-2 Table III-2 Compliance Reviews of Recipients of HUD Funds, FY 2016 III-3
17.b
Packet Pg. 518 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section III: Evaluation of El Centro’s Current Fair Housing Legal Status III-1
A. INTRODUCTION
Section II discusses fair housing complaints and compliance reviews and other information pertaining to El Centro’s fair housing legal status.
B. FAIR HOUSING COMPLAINTS
Housing discrimination complaints can be filed directly with HUD. In California the housing discrimination complaints are processed by HUD’s San Francisco Office of Fair Housing and Equal Opportunity (FHEO). El Centro’s residents may also file complaints with the State Department of Fair Employment and Housing (DFEH), and local fair housing providers such as the Inland Fair Housing and Mediation Board.
Housing discrimination complaint data was compiled by the Inland Fair Housing and Mediation Board (IFHMB) for the period from FY 2014-2015 through FY 2017-2018. During this four-year period, 32 housing discrimination complaint cases were filed with the IFHMB. The 32 cases were filed on the following basis:
Disability 19
Familial Status 4
National Origin 3
Race 3
Arbitrary 2
Religion 1
The San Francisco Regional Office of HUD provided the City with housing discrimination complaint data for calendar years 2000 through 2012. During the 13 year period, 10 cases were filed with HUD. The bases were as follows:
Disability 6
National Origin 4
Familial Status 3
Sex 3
Retaliation 1
The number of bases (17) exceeds the number of cases (10) because a case can have more than one basis.
HUD reported no housing discrimination for the period from 2013 to 2018.
Both the IFHMB and HUD data indicate that the most frequent bases for a housing discrimination complaint include disability, familial status, and national origin.
C. SECRETARY-INITIATED COMPLAINTS
According to HUD, it files a Secretary-initiated complaint when it has evidence that a discriminatory housing practice has occurred or is about to occur. HUD also may file a Secretary-initiated complaint when it has received an individual complaint, but believes there may be additional victims of the discriminatory act or wants to obtain broader relief in the public interest. None of the Secretary-initiated complaints have involved the City of El Centro.
17.b
Packet Pg. 519 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section III: Evaluation of El Centro’s Current Fair Housing Legal Status III-2
D. COMPLIANCE REVIEWS
HUD monitors HUD-funded recipients to determine their performance under the civil rightsrelated program requirements of HUD’s Office of Community Planning and Development, Office of Public and Indian Housing, and Office of Housing.
HUD investigates discrimination complaints against recipients of HUD funds to determine whether the recipient violated civil rights laws or civil-rights related program requirements. At the conclusion of the investigation, HUD issues written findings of violations of civil rights laws or program requirements based on its investigation.
Table III-1 shows the numbers of complaints received in FY 2016 that alleged discrimination or noncompliance by recipient of HUD funds and the civil rights law that was allegedly violated.
Table III-1
Complaints against Recipients of HUD Funds, FY 2016
Source: Office of Fair Housing and Equal Opportunity, Annual Report to Congress FY 2016, January 2017
Section 504, Rehabilitation Act of 1974 prohibits discrimination against people with disabilities in programs that receive federal financial assistance. Title VI of the Civil Rights Act of 1964 protects people from discrimination based on race, color, or national origin in programs or activities that receive federal financial assistance. Title II extends the prohibition of discrimination established in Section 504 of the Rehabilitation Act of 1973, as amended, to all activities of State and local governments regardless of whether these entities receive federal financial assistance. Section 109 prohibits discrimination in programs and activities receiving assistance under Title I of the Housing and Community Development Act of 1974. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. The Act applies to all ages.
The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent possible, provide training, employment, contracting and other Legal Basis for
Complaint
Number of
Complaints
Filed
Number of
Investigations
Closed
Section 504 352 462
Title VI 163 202
Title II of ADA 84 170
Section 109 17 49
Age Discrimination Act 0 3
Section 3 2 2
Total 618 888
17.b
Packet Pg. 520 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section III: Evaluation of El Centro’s Current Fair Housing Legal Status III-3
economic opportunities to low- and very low-income persons, especially recipients of government assistance for housing, and to businesses that provide economic opportunities to low- and very-low income persons.
HUD conducts compliance reviews to determine whether a recipient of HUD funds is in compliance with applicable civil rights laws and their implementing regulations. HUD may initiate a compliance review whenever a report, compliant, or any other information indicates a possible failure to comply with applicable civil rights laws and regulations. HUD initiates most compliance reviews based on risk analysis, issues raised during a limited monitoring review, or when a civil rights problem is detected through HUD programming.
Table III-2 shows the number of compliance reviews that HUD initiated in FY 2016 and the civil rights law under which they were conducted. The table also shows the number of reviews that were closed during FY 2016.
Table III-2
Compliance Reviews of Recipients of HUD Funds, FY 2016
Legal Basis for
Complaint
Number of
Compliance
Reviews
Initiated
Number of
Compliance
Reviews Closed
Section 504 2 16
Title VI 3 13
Title II of ADA 1 5
Section 109 0 8
Section 3 1 1
AFFH 1 0
Total 8 43
Source: Office of Fair Housing and Equal Opportunity, Annual Report to Congress FY 2016, January 2017
E. FAIR HOUSING DISCRIMINATION SUITS FILED BY THE
DEPARTMENT OF JUSTICE OR PRIVATE PLAINTIFFS
The federal Department of Justice (DOJ) Housing and Civil Enforcement Section of the Civil Rights Division is responsible for the Departments' enforcement of the Fair Housing Act (FHA), along with the Equal Credit Opportunity Act, the Service members Civil Relief Act (SCRA), the land use provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and Title II of the Civil Rights Act of 1964, which prohibits discrimination in public accommodations.
Under the FHA, the Department of Justice may bring lawsuits where there is reason to believe that a person or entity is engaged in a "pattern or practice" of discrimination or where a denial of rights to a group of persons raises an issue of general public importance. The Department of Justice also brings cases where a housing discrimination complaint has been investigated by the by HUD and HUD has issued a charge of discrimination, and one of the parties to the case has "elected" to go to federal court. In FHA cases, the DOJ can obtain injunctive relief, including affirmative requirements for training and policy changes, monetary damages and, in pattern or practice cases, civil penalties.
17.b
Packet Pg. 521 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section III: Evaluation of El Centro’s Current Fair Housing Legal Status III-4
Several cases we have filed or resolved recently exemplify our efforts to ensure the availability of the housing opportunities guaranteed by the Fair Housing Act. The complaints and settlement documents for the cases discussed below, as well as other cases handled by the Housing Section, are found at www.justice.gov/crt/about/hce/caselist.php.
On November 28, 2017, the United States filed a complaint in United States v. City of Springfield (C.D. Ill.), alleging that the City violated the Fair Housing Act by imposing a 600-foot spacing requirement on small group homes for persons with disabilities, while not applying any spacing requirement to similarly situated housing for people without disabilities. The complaint further alleges that the City failed to provide a reasonable accommodation to a small group home that was located within 600 feet of another such home.
On June 29, 2017, the court entered a consent decree in United States v. City of Jacksonville (M.D. Fla.). The complaint, which was filed on December 20, 2016, alleged that the City violated the Fair Housing Act and Americans with Disabilities Act when it refused to allow the development of a 12-unit apartment building to create “permanent supportive housing” for “chronically homeless” veterans, in response to intense community pressure based on stereotypes about prospective residents with disabilities. Under the consent decree, the City has amended its zoning code, including removing restrictions that apply to housing for persons with disabilities and implementing a reasonable accommodation policy. The City has also agreed to rescind the written interpretation that prevented Ability Housing from providing the housing at issue, designate a fair housing compliance officer, provide Fair Housing Act and Americans with Disabilities Act training for City employees, and pay a $25,000 civil penalty to the government.
In a separate settlement the City agreed to pay $400,000 to Ability Housing, a non-profit affordable housing provider, and $25,000 to Disability Rights Florida, an advocate for people with disabilities, and to establish a $1.5 million grant to develop permanent supportive housing in the City for people with disabilities.
On June 26, 2017, the court entered a consent decree in United States v. City of Jackson (S.D.
Miss.). The complaint, which was filed on September 30, 2016, alleged that the city discriminated on the basis of disability in violation of the Fair Housing Act and Title II of the Americans with Disabilities Act by requiring the operator of a group home to close the home and the residents to relocate. The consent decree requires the city to pay $100,000 to the owner of Urban Rehab, Inc., $35,000 to the department as a civil penalty, and $50,000 to a settlement fund that will compensate other victims. The city also agreed to revise its zoning code to permit persons in recovery to reside in all residential zones and to ease other restrictions on group homes for people with disabilities.
On March 23, 2017, the court issued an order denying the defendant’s motion for summary judgment in Southwest Key Programs, Inc. v. City of Escondido (S.D. Cal.), finding that there were triable issues as to whether the group home at issue constitutes a dwelling under the Fair Housing Act. The United States had filed a statement of interest in this case on November 3, 2016, to address the question whether the protections of the Fair Housing Act extend to group homes for unaccompanied children in the care and custody of the United States Department of Health and Human Services. The plaintiff in the case sought to operate such a home in the City of Escondido and alleges that the city discriminated on the basis of race and national origin when it denied the request for a conditional use permit to operate the group home. The defendant moved for summary judgment, arguing, among other things, that the FHA does not apply. The United States’ statement of interest urged the court to find that the proposed group home is a “dwelling” covered by the Fair Housing Act and is neither a jail nor a detention facility.
17.b
Packet Pg. 522 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section III: Evaluation of El Centro’s Current Fair Housing Legal Status III-5
On July 28, 2015, the court approved a settlement agreement in United States v. Housing Authority of the County of Los Angeles (C.D. Cal.). The complaint, which was filed on July 20, 2015, alleged that the Housing Authority of the County of Los Angeles and the Cities of Lancaster and Palmdale engaged in a pattern or practice of Fair Housing Act discrimination against African-American participants in the federal Section 8 Housing Choice Voucher Program living in the Cities of Lancaster and Palmdale, CA. The settlement agreement provides for comprehensive reforms, a $1.975 million victim fund and a $25,000 civil penalty.
F. REASONS FOR ANY TRENDS OR PATTERNS
The National Fair Housing Alliance in its 2018 Fair Housing Trends Report states …we make note of some of the more recent and pending issues that the fair housing community will need to address, such as the fair housing ramifications of big data, providing housing for an aging population, advertisement of housing opportunities on digital platforms, and the need to include additional protections under the Fair Housing Act based on marital status, source of income, sexual orientation, gender identity, and gender expression.
Improving Access to Credit for Persons and Neighborhoods of Color Expanding Protected Classes under the Fair Housing Act Gentrification and Fair Housing
Big Data and Fair Housing
Responsible Advertising in the Digital Advertising Space Accessibility, Affordability, and the Aging Population Addressing the Increase in Hate Crimes
Incorporating Fair Housing into Disaster Recovery
National Fair Housing Alliance, Making Every Neighborhood A Place of Opportunity:
2018 Fair Housing Trends Report, April 2018, 99 pages
Over the past year, the Department of Fair Employment and Housing (DFEH) has focused intensively on increasing the accessibility of services for all Californians, including people with disabilities and people with limited English proficiency. The centerpiece of this effort was the November 2017 launch of our new case filing and case management system, Cal Civil Rights System (CCRS). The cloud-based platform allows members of the public and their representatives to submit complaints online for all of the civil rights laws DFEH enforces.
Individuals can schedule appointments, view the status of their cases, submit notes to staff, request right-to-sue notices for court filing, or submit Public Records Act requests, all online.
CCRS was designed to be compatible with screen readers and other assistive technologies, is securely encrypted, and can be modified to respond to changes in the law, advances in technology, and the needs of the public. The system is also available in Spanish.
Other advances in accessibility in the past year include the completion of a project to ensure all forms and publications are compatible with commonly used assistive technologies; ensuring that all DFEH employees have access to on-demand telephonic interpretation services at the office and in the field; and issuing a suite of fair housing materials developed in consultation with community members in the six most commonly spoken languages in the state.
17.b
Packet Pg. 523 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section III: Evaluation of El Centro’s Current Fair Housing Legal Status III-6
Source: California Department of Fair Employment and Housing, 2017 Annual Report, August 2018, 36 pages
17.b
Packet Pg. 524 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION IV
DESCRIPTION OF FAIR HOUSING PROGRAMS/ACTIONS
17.b
Packet Pg. 525 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION IV-DESCRIPTION OF FAIR HOUSING PROGRAMS/ACTIONS
SECTION PAGE
A. INTRODUCTION IV-1
B. CITY OF EL CENTRO/INLAND FAIR HOUSING MEDIATION BOARD IV-1 C. CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (DFEH) IV-1 D. CALIFORNIA DEPARTMENT OF REAL ESTATE/IMPERIAL COUNTY ASSOCIATION OF REALTORS IV-3
E. CALIFORNIA APARTMENT ASSOCIATION (CAA)/GREATER INLAND EMPIRE IV-2 F. HUD REGION IX IV-3
17.b
Packet Pg. 526 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section IV: Description of Fair Housing Programs/Actions IV-1
A. INTRODUCTION
Section IV describes fair housing services and programs implemented by the public and private sectors: City of El Centro/Inland Fair Housing Mediation Board; California Department of Fair Employment and Housing (DFEH); California Bureau of Real Estate (BRE)/Imperial County Association of REALTORS; California Apartment Association (CAA); and HUD.
B. CITY OF EL CENTRO/INLAND FAIR HOUSING MEDIATION BOARD The City contracts with a fair housing provider who provides residents with fair housing services.
Inland Fair Housing and Mediation Board's (IFHMB) scope of services provides the City with a comprehensive program committed to Fair Housing Education, Outreach and Enforcement. IFHMB aligns its work with the City’s Analysis of Impediments to Fair Housing Choice. Inland also provides technical assistance to El Centro staff, enabling them to incorporate activities that affirmatively further fair housing into their housing and community development programs. The City also contracts with Inland to provide a comprehensive Landlord-Tenant Program that includes counseling, information dissemination, mediation and/or referral of issues.
Among the tasks completed by IFHMB are:
Processing of housing inquiries regarding both fair housing concerns and landlord-tenant issues
Complaint investigation and referral
Public education and outreach on fair housing
Monthly reporting to the City
C. CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND
HOUSING (DFEH)
DFEH is the largest state civil rights agency in the country with 220 full-time permanent staff operating out of five offices throughout California. The mission of the DFEH is to protect the people of California from unlawful discrimination in employment, housing and public accommodations (businesses) and from hate violence and human trafficking. To accomplish this mission, the Department receives, investigates, conciliates, mediates, and prosecutes complaints of alleged violations of the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, Disabled Persons Act, Ralph Civil Rights Act, the California Trafficking Victims Protection Act, and other laws. The DFEH receives approximately 23,000 complaints annually from members of the public who allege that they have been the victim of discrimination or hate violence.
Since 2013, the Department has housed the Fair Employment and Housing Council (FEH), a body that issues regulations to ensure that the FEHA is interpreted and implemented in a way that is fair and that protects the public to the full extent of the law.
The Department has adopted a Strategic Plan that was initially published in September 2016 and updated in July 2017. The Strategic Plan sets forth the goals and strategies that will guide the Department in working toward its vision over a period of three to five years. Among the Plan‟s goals are:
17.b
Packet Pg. 527 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section IV: Description of Fair Housing Programs/Actions IV-2
Goal 1: Increase access to information about rights and responsibilities.
Goal 2: Prevent and combat discrimination and hate violence through proactive and strategic efforts.
Goal 3: Provide excellent services to the individuals and entities who interact with us.
Goal 4: Ensure that our internal processes and systems effectively and efficiently meet our business needs.
Source: California Department of Fair Employment and Housing, Strategic Plan, July 2017, pages 5-7
D. CALIFORNIA DEPARTMENT OF REAL ESTATE/IMPERIAL COUNTY
ASSOCIATION OF REALTORS
The mission of the California Department of Real Estate (DRE) is to safeguard and promote the public interests in real estate matters through licensure, regulation, education and enforcement.
As a condition of license renewal, the California Bureau of Real Estate requires sales persons and brokers to complete a 3-hour course on fair housing and ethics. These courses are periodically advertised by the Imperial County Association of REALTORS.
Article 2.5; Section 10170 (Continuing Education Legislative Determination 10170) states:
The Legislature has determined that it is in the public interest of consumer protection and consumer service that all real estate licensees licensed under the provisions of this part comply with continuing education requirements adopted by the commissioner pursuant to this article as a prerequisite to the renewal of real estate licenses on and after January 1, 1981.
To renew a license 45-hours of course work are required including three hours of fair housing.
The fair housing course includes topics such as:
Fair housing laws
Real Estate Commissioners regulations
Department of Real Estate regulations
Types of properties exempt from the Fair Housing Act
Prohibited practices
Complaint procedures
Penalties for violating the Fair Housing Act
That registered sex offenders are not members of a „protected class‟ E. CALIFORNIA APARTMENT ASSOCIATION (CAA)/GREATER
INLAND EMPIRE
The California Apartment Association is the nation‟s largest statewide trade group representing owners, investors, developers, managers and suppliers of rental homes and apartment communities. The staff — based in Sacramento and with strategic hubs throughout California — includes experts in rental housing law, legal analysts, state and local lobbyists, member-service representatives and media-outreach specialists. For more than 75 years, CAA has served rental home and apartment owners and managers through work in public affairs, education and customer service.
17.b
Packet Pg. 528 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section IV: Description of Fair Housing Programs/Actions IV-3
It frequently holds seminars on fair housing issues. These seminars have the major purpose of helping owners avoid fair housing complaints. For instance, a seminar is scheduled on September 12, 2018 on the topic of Fair Housing: Examples & Explanations from Attorneys.
Among the questions to be discussed are:
Just how many “assistive” animals can a resident have? How is hoarding a protected mental disability”
Can my tenant move in her sister and five children? When can I say no? Can I set rules to protect the lawn from tenant‟s children? My residents want to smoke marijuana in common areas. Do I have to allow this? Am I required to take Section 8?
Can I deny tenancy to all felons?
Am I required to check immigration status of residents? F. HUD REGION IX
HUD‟s Office of Fair Housing and Equal Opportunity (FHEO) enforces the federal Fair Housing Act and other civil rights laws that prohibit discrimination in the sale, rental, or financing of dwellings because of race, color, national origin, religion, sex, familial status (families with children under the age of 18) or handicap (disability). HUD‟s Region IX office, located in San Francisco, handles the investigation and processing of housing discrimination complaints and maintains a database of complaints made in the states of California, Arizona, Hawaii, and Nevada.
17.b
Packet Pg. 529 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION V
FAIR HOUSING COMMUNITY PROFILE
17.b
Packet Pg. 530 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION V-FAIR HOUSING COMMUNITY PROFILE
SECTION PAGE
A. INTRODUCTION V-1
B. POPULATION GROWTH IN IMPERIAL COUNTY AND EL CENTRO V-1
1. Population Growth in Imperial County V-1
a. Population Trends and Change by Race and Ethnicity – 2000 to 2017 V-1 b. Projected Population, Household and Employment Growth: 2018-2038 V-2
2. Population Growth in El Centro V-2
C. EL CENTRO’S HOUSING, DEMOGRAPHIC AND ECONOMIC CHARACTERISTICS V-3
1. Existing Housing Stock V-3
2. Homeownership V-4
3. Household Income V-5
4. Labor Force/Employment Characteristics V6
a. Labor Force and Unemployment V-6
b. Local Jobs V-6
D. PROFILE OF EL CENTRO’S FAIR HOUSING PROTECTED CLASSES V-8
1. Introduction V-8
2. Race/Color V-8
a. Race and Ethnic Categories V-8
b. Definitions of Minority Populations V-9
c. El Centro’s Population by Race and Ethnicity V-9
d. Race of Hispanic or Latino and Not Hispanic or Latino Populations V-10 e. Origins of the Hispanic or Latino Population V-12
f. Asian Population by Sub-Group V-12
3. Sex (of Householder) V-13
4. National Origin/Ancestry V-14
5. Familial Status V-14
6. Handicap/Disability V-15
a. Background V-15
b. Estimates of People with Disabilities and Types of Disabilities V-16
17.b
Packet Pg. 531 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION PAGE
7. Marital Status V-17
E. COMPARISON OF THE STATUS AND WELL-BEING OF FAIR HOUSING PROTECTED GROUPS V-18
1. Poverty Income by Race and Ethnicity V-18
2. Poverty Income by Familial Status and Presence of Children V-18
3. Tenure by Race and Ethnicity V-19
5. Tenure (Owner/Renter) by Familial Status V-21
6. Homeownership by Household Type and Sex of Householder V-21 Attachment A-2010 Census Definitions of Race V-22
Attachment B-2010 Census Definitions of Hispanic or Latino Origin V-24 Attachment C-Fair Housing Protected Classes V-26
List of Tables
Table V-1 Imperial County Population by Race and Ethnicity - 2000 and 2010 V-1 Table V-2 Imperial County Population Growth by Race/Ethnicity: 2018 to 2038 V-2 Table V-3 Imperial County Population, Household and Employment Growth: 2012-2040 V-3 Table V-4 City of El Centro Population, Household and Employment Growth: 2012-2040 V-3 Table V-5 City of El Centro Housing Stock by Type of Unit: January 2018 V-4 Table V-6 Comparison of Homeownership Rates by Year V-4 Table V-7 City of El Centro Household Income Distribution: 2017 V-6 Table V-8 City of El Centro Top 10 Places Where Residents Commute to Work: 2015 V-7 Table V-9 City of El Centro Population by Race and Ethnicity 2010 and 2017 V-9 Table V-10 City of El Centro Race of Hispanic or Latino and Non-Hispanic or Latino Populations: 2010 V-11
Table V-11 City of El Centro Race of Hispanic or Latino and Non-Hispanic or Latino Populations: 2017 V-11
Table V-12 City of El Centro Persons of Hispanic Origin — 2000 and 2010 V-12 Table V-13 City of El Centro Sex of Householder by Family Type: 2017 V-13 Table V-14 City of El Centro Place of Birth of the Foreign Born Population: 2017 V-14 Table V-15 City of El Centro -Families With and Without Children: 2017 V-15 Table V-16 City of El Centro Disability Status of Civilian Non-institutionalized Population by Age Group 2017 V-17
Table V-17 City of El Centro Marital Status of the Population 15 Years and Over: 2017 V-17 Table V-18 City of El Centro Poverty Status by Race and Ethnicity – 2017 V-18 Table V-19 City of El Centro Poverty Status by Familial Status and Presence of Children-2017 V-19
Table V-20 City of El Centro Homeownership Rates by Race and Ethnicity: 2010 V-20 Table V-21 City of El Centro Tenure by Presence of Children – 2017 V-21 Table V-22 City of El Centro - Tenure by Household Type: 2010 V-21
17.b
Packet Pg. 532 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-1
A. INTRODUCTION
HUD‟s suggested AI format includes a section on jurisdictional (meaning the City) background data. Such data may include demographics, income, employment, housing and other data relevant to the AI. Section V presents information on the following:
Population growth trends in Imperial County and El Centro El Centro‟s housing, demographic and economic characteristics Characteristics of the community‟s fair housing protected groups Comparison of the status and well-being of the fair housing protected groups B. POPULATION GROWTH IN IMPERIAL COUNTY AND EL CENTRO
1. Population Growth in Imperial County
a. Population Trends and Change by Race and Ethnicity – 2000 to 2017 Race refers to the seven categories of: White, Black, Asian, American Indian or Alaska Native, Native Hawaiian or Other Pacific Islander, Some Other Race, and Two or More Races. The races are defined specifically in Attachment A. Ethnicity refers to being Hispanic or Latino or not being Hispanic or Latino. The definition of this population group is found in Attachment B.
Table V-1 presents the Imperial County‟s 2000, 2010 and 2017 population count by race and ethnicity. Between 2000 and 2017 the Hispanic population increased by almost 51,241 persons and its share of the total population increased from 72.2% in 2000 to 84.2% in 2017. During the 18-year periods the Asian, Black, and White populations decreased in both absolute and relative terms. That means that Hispanics accounted for all the population increase in Imperial County between 2000 and 2017.
Table V-1
Imperial County Population by Race and Ethnicity - 2000 and 2010 2000 2010 2017
Race/Ethnicity Number Percent Number Percent Number Percent Asian 2,446 1.7% 2,201 1.3% 1,990 1.1%
Black 5,148 3.6% 5,114 2.9% 4,013 2.2%
Hispanic 102,817 72.2% 140,271 80.4% 154,058 84.2%
White 28,768 20.2% 23,927 13.7% 19,006 10.4%
All Other Races 3,182 2.2% 3,015 1.7% 3,763 2.1%
Total 142,361 100.0% 174,528 100.0% 182,830 100.0%
Note: All Other Races includes American Indian or Alaska Native, Native Hawaiian or Other Pacific Islander, Some Other Race, and Two or More Races
Source: Census 2000; Census 2010 Summary File 1, Imperial County, Population by Race and Ethnicity; and American Community Survey (ACS) 2017 1-Year Estimates, Table B03002 Hispanic or Latino Origin by Race.
Table construction by Castañeda & Associates
17.b
Packet Pg. 533 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-2
b. Projected Population, Household and Employment Growth: 2018-2038 Part B discusses the growth dynamics of Imperial County. The State Department of Finance (DOF), Demographics Research Unit (DRU) produces population projections for each of the California‟s 58 counties. The growth trajectory of Imperial County shows that will gain approximately 47,400 people between 2018 and 2038, according to Table V-2. DOF projections indicate that Hispanics will account for all of Imperial County‟s population growth between 2018 and 2038.
Table V-2
Imperial County
Population Growth by Race/Ethnicity 2018-2038
Race/Ethnicity 2018 2038
Numerical
Change
Percent
Change
White (Non-Hispanic) 20,418 16,949 -3,469 -17.0%
Black (Non-Hispanic) 3,879 3,554 -325 -8.4%
AIAN (Non-Hispanic) 1,377 1,148 -229 -16.6%
Asian (Non-Hispanic) 1,809 1,253 -556 -30.7%
NHPI (Non-Hispanic) 58 73 15 25.9%
MR (Non-Hispanic) 824 689 -135 -16.4%
Hispanic (any race) 162,755 214,853 52,098 32.0%
Total 191,120 238,519 47,399 24.8%
Source: California Department of Finance, Demographic Research Unit, Total Estimated and Projected Population by Race/Ethnicity for California Counties: July 1, 2010 to July 1, 2060 in 1-Year Increments
Table construction by Castañeda & Associates
The Southern California Association of Governments (SCAG) makes projections of population as well as household and employment growth. The 2038 DOF Imperial County population projection (238,519) differs from the one prepared by SCAG for 2040 (282,100) by approximately 43,600 people. Additionally, SCAG projects that by 2038 Imperial County will have a population of 282,100 people; 92,500 households; and 124,600 jobs. Refer to Table V-3 for details on population, household and employment projections.
2. Population Growth in El Centro
El Centro will share significantly in the growth projected for Imperial County. Table V-4 shows that by 2040 SCAG projects:
A population of 61,00 which translates to a growth of 16,900 persons from the 2012 baseline
19,900 households which means a growth of 6,800 households from the 2012 baseline
43,800 jobs which translate to an increase of 23,500 jobs from the 2012 baseline
17.b
Packet Pg. 534 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-3
Table V-3
Imperial County
Population, Household and Employment Growth: 2012-2040
Year Population Households Employment
2012 179,600 49,300 59,000
2040 282,100 92,500 124,600
Increase 102,500 43,200 65,600
Source: Southern California Association of Governments, 2016-2040 Regional Transportation Plan/Sustainable
Communities Strategy, Demographics and Growth Forecast
(adopted by SCAG Regional Council on April 7, 2016)
Table construction by Castañeda & Associates
Table V-4
City of El Centro
Population, Household and Employment Growth: 2012-2040
Year Population Households Employment
2012 44,100 13,100 20,300
2040 61,000 19,900 43,800
Increase 16,900 6,800 23,500
Source: Southern California Association of Governments, 2016-2040 Regional Transportation Plan/Sustainable
Communities Strategy, Demographics and Growth Forecast
(adopted by SCAG Regional Council on April 7, 2016)
Table construction by Castañeda & Associates
C. EL CENTRO’S HOUSING, DEMOGRAPHIC AND ECONOMIC
CHARACTERISTICS
1. Existing Housing Stock
An estimated 14,715 housing units comprise the housing stock. Single-family detached and attached homes comprise almost 59% of the housing stock. Duplex to 4-plex buildings and mobile homes each comprise 11% and multi-family housing 20% of the housing stock, respectively.
As of January 1, 2018, there were 13,113 occupied housing units or households. That means that approximately 1,600 housing units are vacant (10.9% vacancy rate). When most of these vacant units become occupied, there will be both a household and population increase.
17.b
Packet Pg. 535 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-4
Table V-5
City of El Centro
Housing Stock by Type of Unit: January 2018
Type of Unit
Number
of Units Percent
1 unit, detached 8,173 55.6%
1 unit, attached 427 2.9%
2 to 4 units 1,577 10.7%
5+ units 3,007 20.4%
Mobile homes, RV, Van, Etc. 1,531 10.4%
Total 14,715 100.0%
State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2011 and 2012, with 2010 Benchmark Sacramento,
California, May 2018.
Table construction by Castañeda & Associates
2. Homeownership
Homeownership is a key indicator of community well-being. Increases or decreases in the percentage of owner-occupied housing, especially in communities that are not high growth, indicates a change in the balance of renter-occupied to owner-occupied housing.
Table V-6 shows the 2000, 2010 and 2017 homeownership rates for El Centro, Imperial County, California and the Nation. In all three time periods, the City had a somewhat lower home ownership rate than the Nation, State and Imperial County. Foreclosed upon homes could have contributed to the decline in the homeownership rates of both the City and County.
Table V-6
Comparison of Homeownership Rates by Year
Area 2000 2010 2017
El Centro 50.2% 49.5% 49.6%
Imperial County 58.3% 55.9% 61.4%
California 56.9% 55.9% 54.8%
Nation 66.2% 65.1% 63.9%
Source: 2000 Census Summary File 1, Table H15 Tenure by Household Size
2010 Census DP-1 Profile of Population and Housing
Characteristics: 2010, Housing Tenure
American Community Survey (ACS) 2017 1-Year Estimates
(Imperial County, State and Nation) Table B25003 Tenure American Community Survey (ACS) 2017 5-Year Estimates (El Centro) Table B25003 Tenure
Table construction by Castañeda & Associates
17.b
Packet Pg. 536 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-5
3. Household Income
„Fair housing choice‟, according to HUD, means the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, handicap and familial status to have available to them the same housing choices. This means, for instance, that those households of different races but with similar income levels should have available to them the same housing choices. Another example is that female householders, male householders and married couples with similar income levels should have available to them the same housing choices. A housing market that treats female and male householders with incomes of $60,000 differently would not be providing fair housing choice.
Household income is the key determinant of ability to pay for housing. For many households, their income is too limited to afford existing housing. A larger number of households have incomes too low to afford new housing, as new housing is usually more expensive than existing housing.
Between 2000 and 2017 household incomes have obviously increased. So, too, has the cost of living. Data are too limited to determine whether the economic well-being of the City‟s householders has been enhanced since Census 2000.
Table V-7 shows the number and percentage of households in ten income groups. El Centro‟s median household income in 2017 was $45,581 compared to $33,161 in 2000, an increase of
37.5%. Between 2000 and 2017, the number of households with annual incomes of less than $50,000 decreased by 1,118 households. The percentage of households with incomes of less than $50,000 also decreased between 2000 (66.9%) and 2017 (55%).
The percentage of households with incomes between $50,000 and $99,999 is relatively the same at 25.6% to 25.5%. In addition, the percentage of households with incomes of $100,000 or more nearly tripled from 7.5% to 19.4%.
The City‟s CDBG and HOME programs as well as state and federal affordable housing programs are directed at addressing the needs of lower income households – those having incomes less than 80% of the Imperial County median income. According to HUD, 6,355 El Centro households have annual incomes below 80% of Imperial County‟s median household income of $44,779. This number represents about 51% of all households. (The median family income is $51,447.)
17.b
Packet Pg. 537 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-6
Table V-7
City of El Centro
Household Income Distribution: 2017
Household Income
Number of
Households Percent
Less than $10,000 866 7.3%
$10,000 to $14,999 1,110 9.3%
$15,000 to $24,999 1,597 13.4%
$25,000 to $34,999 1,463 12.3%
$35,000 to $49,999 1,512 12.7%
$50,000 to $74,999 1,869 15.7%
$75,000 to $99,999 1,160 9.8%
$100,000 to $149,999 1,460 12.3%
$150,000 to $199,999 519 4.4%
$200,000 or more 325 2.7%
Total 11,881 100.0%
Source: American Community Survey (ACS), 2017 5-Year
Estimates, DP03, Selected Economic Characteristics,
Income and Benefits (in 2017 Inflation-Adjusted Dollars) Table construction by Castañeda & Associates
4. Labor Force/Employment Characteristics
a. Labor Force and Unemployment
Another key to people‟s ability to exercise housing choice is employment. This means both jobs within the City as well as the number of local residents that are employed. Employment generates income, which leads to effective housing demand and housing choice.
Currently, the State Employment Development Department (EDD) reported that 19,900 El Centro residents were in the labor force (November 2018) and 17,100 residents were employed.
The City‟s unemployment rate – as of November 2018 – was 13.8%.
According to the ACS, El Centro‟s unemployment rate was 14.6% in 2017. b. Local Jobs
The Southern California Association of Governments (SCAG) also has prepared estimates of the total jobs in the El Centro. According to SCAG, total jobs include wage and salary jobs and jobs held by business owners and self-employed persons. The total job count does not include unpaid volunteers or family workers, and private household workers. In 2015, total jobs in the City of El Centro numbered 25,409, an increase of 37% from 2007. A sector-by-sector analysis is provided in the following paragraphs.
17.b
Packet Pg. 538 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-7
Manufacturing jobs include those employed in various sectors including food; apparel; metal; petroleum and coal; machinery; computer and electronic products; and transportation equipment. In 2015, the total manufacturing jobs numbered 580. Between 2007 and 2015, the number of manufacturing jobs in the City decreased by 1.9%.
Construction jobs include those engaged in both residential and non-residential construction. In 2015, the total construction jobs numbered 821. Between 2007 and 2015, construction jobs in the City decreased by 9.7%
Retail trade jobs include those at various retailers including motor vehicle and parts dealers, furniture, electronics and appliances, building materials, food and beverage, clothing, sporting goods, books, and office supplies. In 2015, total retail trade jobs numbered 5,396. Between 2007 and 2015, the number of retail trade jobs in the City increased by 61.1%.
Jobs in the professional and management sector include those employed in professional and technical services, management of companies, and administration and support. In 2015, the total number of professional and management sector jobs numbered 1,193.Between 2007 and 2015, the number of professional and management jobs in the City increased by 3.3%.
Additional information on the workforce concerns their community patterns. Table V-8 shows the top 10 places where residents commute to work. Approximately 38.5% of all workers who live in the City also work in El Centro.
Table V-8
City of El Centro
Top 10 Places Where Residents Commute to Work: 2015
Rank Local Jurisdiction
Number of
Commuters
Percent of
Total Commuters
1 El Centro 5,626 38.5%
2 Brawley 873 6.0%
3 Calexico 797 5.5%
4 Unincorporated Area 604 4.1%
5 Imperial 584 4.0%
6 San Diego County 569 3.9%
7 Los Angeles 260 1.8%
8 Calipatria 243 1.7%
9 Holtville 123 0.8%
All Other Destinations 4,929 33.7%
Source: Southern California Association of Governments, Profile of the City of El Centro, May 2017, page 21 and U.S. Census Bureau, 2017, LODES Data; Longitudinal-Employer Household Dynamics Program, https://lehd.ces.census.gov/data/lodes/
Table construction by Castañeda & Associates
17.b
Packet Pg. 539 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-8
D.PROFILE OF EL CENTRO’S FAIR HOUSING PROTECTED CLASSES
1. Introduction
The Federal Fair Housing Act prohibits discriminatory practices which make housing unavailable because of a persons‟:
Race
Color
Religion
Sex
National Origin
Familial Status
Handicap/Disability
In addition, California law prohibits discriminatory housing practices because of:
Marital Status
Ancestry
Source of Income
Age
Arbitrary Characteristic
Definitions of the fair housing protected groups are found in Attachment C.
2. Race/Color
a. Race and Ethnic Categories
The Fair Housing Act does not define race. The racial categories included in the census form generally reflect a social definition of race recognized in this country, and are not an attempt to define race biologically, anthropologically or genetically. In addition, the U.S. Census Bureau recognizes that the race categories include both racial and national origin or socio-cultural groups. Census 2010 and the American Community Survey provide for six race categories:
White Alone
Black, African American or Negro Alone
American Indian or Alaska Native Alone
Asian Alone
Native Hawaiian or Other Pacific Islander Alone
Some Other Race Alone
Individuals who chose more than one of the six race categories are referred to as the two or more races population. All respondents who indicated more than one race can be collapsed into the two or more races category, which combined with the six alone categories, yields seven mutually exclusive and exhaustive categories. Thus, the six race alone categories and the two or more races category sum to the total population.
The 2000 and 2010 Census‟ and 2017 ACS race and ethnic categories follow the OMB Policy Directive No. 15 (May 12, 1977) and the 1997 revisions. The OMB‟s efforts are to standardize
17.b
Packet Pg. 540 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-9
the racial and ethnic categories so that federal government agencies can monitor discrimination, as required by the Civil Rights Act of 1964, the Voting Rights Act of 1965, the Fair Housing Act of 1968, the Equal Credit Opportunity Act of 1974, and the Home Mortgage Disclosure Act of 1975.
Source: Victoria Hattam, “Ethnicity & the American Boundaries of Race: Rereading Directive 15,” Daedalus – Journal of the American Academy of the Arts & Sciences, Winter 2005, pgs. 61-62
Ethnicity means being of Hispanic or Latino Origin or not being of such origin. b. Definitions of Minority Populations
The populations comprising “minority” groups are defined in the same way by the OMB, Federal Department of Transportation (DOT), Federal Financial Institutions Examination Council (FFIEC), and Council on Environmental Quality (CEQ -environmental justice guidelines). The OMB and DOT both define the minority populations as Black, Hispanic (regardless of race), Asians (including Pacific Islanders) and American Indian and Alaskan Native. The FFIEC, for purposes of Home Mortgage Disclosure Act (HMDA) data collection, states that:
…the percentage minority population means, for a particular census tract, the percentage of persons of minority races and whites of Hispanic or Latino Origin, in relation to the census tract‟s total population.
The CEQ environmental justice guidelines provide the following definition:
Minority individuals – Individuals who are members of the following population groups:
Hispanic or Latino, American Indian or Alaska Native, Asian, Black or African American, Native Hawaiian or Other Pacific Islander, multiracial minority (two or more races, at least one of which is a minority race).
The non-minority population is White, Non-Hispanic or Latino. c. El Centro‟s Population by Race and Ethnicity
Table V-9 shows the City‟s 2010 and 2017 population by Hispanic/Latino ethnicity and six race categories. The census population counts are based on self-identification. In both 2010 and 2017, Hispanics comprise more than 80% of El Centro‟s total population. Between 2010 and 2017, the Hispanic population grew by 2,928 persons and 4.2%.
17.b
Packet Pg. 541 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-10
Table V-9
City of El Centro
Population by Race and Ethnicity 2010 and 2017
Category
2010 2017
# of
Persons
% of
Total
# of
Persons
% of
Total
Not Hispanic or Latino 7,847 18.4% 6,253 14.2%
White 5,758 13.5% 4,197 9.6%
Black or African American 864 2.0% 819 1.9%
American Indian/Alaska Native 95 0.2% 90 0.2%
Asian 785 1.8% 833 1.9%
Native Hawaiian/Pacific Islander 19 <0.1% 31 0.1%
Other Races or 2+ Races 326 0.8% 283 0.6%
Hispanic or Latino (any race) 34,751 81.6% 37,679 85.8% Total 42,598 100.0% 43,932 100.0%
Source: 2010 Census, DP-1 Profile of General Population and Housing Characteristics:
2010, Hispanic or Latino and Race; American Community Survey (ACS) 2017 5-Year Estimates, DP05 Demographic and Housing Estimates.
Table construction by Castañeda & Associates
d. Race of Hispanic or Latino and Not Hispanic or Latino Populations When the April 2010 Census was taken, 34,751 persons identified themselves as being of Hispanic or Latino Origin. Table V-10 shows that with respect to race approximately - 56.5% of the Hispanic population said that their race was White Alone 35.4% said they belonged to Some Other Race
5.6% identified themselves as having Two or More Races The 2017 ACS indicates that the percentage of Hispanics stating they identified with Some Other Race increased from 35.4% to 45.3%.
Thus, many Hispanic or Latino people do not identify with the White Race Category but rather consider themselves as belonging to Some Other Race. Indeed, in 2017 almost 100% of the Some Other Race population is Hispanic or Latino.
17.b
Packet Pg. 542 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-11
Table V-10
City of El Centro
Race of Hispanic or Latino and Non-Hispanic or Latino Populations: 2010 Race
Hispanic
or Latino
Percent
Distribution
Not
Hispanic
or Latino
Percent
Distribution Total
Percent
Distribution
White Alone 19,618 56.5% 5,758 73.4% 25,376 59.6%
Black or African American Alone 217 0.6% 864 11.0% 1,081 2.5% Asian Alone 180 0.5% 785 10.0% 965 2.3%
American Indian or Alaska Native
Alone
459 1.3% 95 1.2% 554 1.3%
Hawaiian or Other Pacific
Islander Alone
15 0.0% 19 0.2% 34 0.1%
Some Other Race Alone 12,302 35.4% 54 0.7% 12,356 29.0% Two or More Races 1,960 5.6% 272 3.5% 2,232 5.2%
Total 34,751 100.0% 7,847 100.0% 42,598 100.0%
Source: 2010 Census, DP-1 Profile of General Population and Housing Characteristics: 2010, Hispanic or Latino and Race Table construction by Castañeda & Associates
Table V-11
City of El Centro
Race of Hispanic or Latino and Non-Hispanic or Latino Populations: 2017 Race
Hispanic
or Latino
Percent
Distribution
Not
Hispanic
or Latino
Percent
Distribution Total
Percent
Distribution
White Alone 17,632 46.8% 4,197 67.1% 21,829 49.7%
Black or African American Alone 309 0.8% 819 13.1% 1,128 2.6% Asian Alone 193 0.5% 90 1.4% 283 0.6%
American Indian or Alaska Native
Alone
103 0.3% 833 13.3% 936 2.1%
Hawaiian or Other Pacific
Islander Alone
76 0.2% 31 0.5% 107 0.2%
Some Other Race Alone 17,065 45.3% 12 0.2% 17,077 38.9% Two or More Races 2,301 6.1% 271 4.3% 2,572 5.9%
Total 37,679 100.0% 6,253 100.0% 43,932 100.0%
Source: American Community Survey (ACS) 2017 5-Year Estimates, Table B03002 Hispanic or Latino Origin by Race
Table construction by Castañeda & Associates
17.b
Packet Pg. 543 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-12
El Centro is not unusual in terms of the racial identification of the Hispanic or Latino population.
A research study of the 2000 Census found:
Almost 6 million Californians departed from the federal government‟s racial categories by selecting “some other race.” Of these respondents, 99 percent were Latinos. In effect, this pattern of response converted the residual “some other race” category into a de facto Latino racial category. This conversion occurred not because of administrative need; indeed, the Hispanic ethnicity question satisfies all legal mandates. Nor did it take place because Latinos petitioned the government for change. Rather, it emerged spontaneously from a subset of Americans whose racial perceptions differed from those codified by the federal government. In the long run, this pattern of response may lead to changes in the federal government‟s racial and ethnic classification system.
Source: Sonya M. Tafoya, Latinos and Racial Identification in California, Public Policy Institute of California. Volume 4, Number 4, May 2003, May 2003, page 12 e. Origins of the Hispanic or Latino Population
There are an estimated 37,679 Hispanic or Latino persons residing in El Centro, according to the 2017 American Community Survey. Table V-12 shows that nearly 98% of the Hispanic or Latino population is of Mexican origin, an increase of 8.2% since 2000.
Table V-12
City of El Centro
Persons of Hispanic Origin — 2000 and 2010
Hispanic Origin
2000 2010 2017
Number Percent Number Percent Number Percent
Mexican 25,251 89.5% 33,206 95.6% 36,824 97.7%
Puerto Rican 79 0.3% 138 0.4% 149 0.4%
Cuban 41 0.1% 32 0.1% 20 0.1%
Other Spanish/Hispanic* 2,848 10.1% 1,375 4.0% 686 1.8% Total 28,219 100.0% 34,751 100.0% 37,679 100.0%
*The Census 2000 category is “Other Hispanic or Latino” Census 2000, Table DP-1, Profile of General Demographic Characteristics, Hispanic or Latino and Race Census 2010 Summary File 1 Table QT-P10
American Community Survey (ACS) 2017 5-Year Estimates, Table B03001 Hispanic or Latino Origin by Specific Origin
Table construction by Castañeda & Associates
f. Asian Population by Sub-Group
The 2017 American Community Survey reports an Asian population of 936 persons. Of this number, 258 are Filipino, 249 are Korean and 227 are Asian Indian.
17.b
Packet Pg. 544 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-13
3. Sex (of Householder)
In the sale and rental of housing, fair housing laws protect several “classes” from discrimination.
Federal and State fair housing laws prohibit discrimination based on a person‟s sex. The United States Department of Justice (DOJ) has stated:
The Fair Housing Act makes it unlawful to discriminate in housing on the basis of sex. In recent years, the Department‟s focus in this area has been to challenge sexual harassment in housing. Women, particularly those who are poor, and with limited housing options, often have little recourse but to tolerate the humiliation and degradation of sexual harassment or risk having their families and themselves removed from their homes.
In addition, pricing discrimination in mortgage lending may also adversely affect women, particularly minority women. This type of discrimination is unlawful under both the Fair Housing Act and the Equal Credit Opportunity Act. [Emphasis added] Source: United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, The Fair Housing Act, July 25, 2008, pages 2 and 3 Table V-13 shows that of the City’s estimated 11,881 householders, 47.4% are male and 52.6% are female. Male householders living in family households comprise almost 38% of all householders. Women living in family households comprise almost 40% of all householders.
Table V-13
City of El Centro
Sex of Householder by Family Type: 2017
Household Type
Male
Householder
Percent
Distribution
Female
Householder
Percent
Distribution Total
Percent
Distribution
In Family Households 4,474 37.7.% 4,709 39.6% 9,183 77.3% Non-Family Households
Living Alone 902 7.6% 1,386 11.7% 2,288 19.3%
Not Living Alone 248 2.1% 162 1.3% 410 3.4%
Total 5,624 47.4% 6,257 52.6% 11,881 100.0%
Source: American Community Survey, Table B09019, Household Type Including Living Alone) by Relationship, 2017 1-Year Estimates
Note: percent refers to percent of all households 11,881 Table construction by Castaneda & Associates
Poor women, as noted above by the DOJ, are often the victims of sexual harassment. Almost 50% of El Centro‟s female householders with children less than 18 years of age have incomes below the poverty level.
17.b
Packet Pg. 545 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-14
4. National Origin/Ancestry
The Fair Housing Act and California Fair Employment and Housing Act prohibit discrimination based upon national origin. According to the United States Department of Justice, such discrimination can be based either upon the country of an individual‟s birth or where his or her ancestors originated.
Table V-14 shows the place of birth of the foreign born population. According to the 2017 American Community Survey, the foreign born population consists of approximately 14,400 persons or 33% of the El Centro‟s total population. Of the foreign born population – 93.8% were born in Latin America
5.4% were born in Asia
Table V-14
City of El Centro
Place of Birth of the
Foreign Born Population: 2017
Place of Birth Number Percent
Europe 49 0.3%
Asia 774 5.4%
Africa 1 <0.1%
Oceania 5 <0.1%
Latin America 13,488 93.8%
North America 59 0.4%
Total 14,376 99.9%
Source: American FactFinder, American
Community Survey 2017 5-Year Estimates.
Table B05006 Place of Birth for the ForeignBorn Population in the United States Table construction by Castañeda & Associates
5. Familial Status
The Fair Housing Amendments Act of 1988 prohibits discriminatory housing practices based on familial status. In most instances, according to the United States Department of Justice, the Act prohibits a housing provider from refusing to rent or sell to families with children. However, housing may be designated as housing for older persons (55 years + of age). This type of housing, which meets the standards set forth in the Housing for Older Persons Act of 1995, may operate as “senior housing” and exclude families with children.
The Act protects families with children less than 18 years of age, pregnant women, or families in the process of securing custody of a child under 18 years of age. The Department of Justice has stated:
17.b
Packet Pg. 546 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-15
In addition to prohibiting the outright denial of housing to families with children, the Act also prevents housing providers from imposing any special requirements or conditions on tenants with children. For example, landlords may not locate families with children in any single portion of a complex, place an unreasonable restriction on the number of persons who may reside in a dwelling, or limit their access to recreational services provided to other tenants.
Source: United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, The Fair Housing Act, July 25, 2008, page 3 The DOJ points out that would be renters can be denied access to housing because of prohibited discriminatory practices while in-place renters can face housing discrimination due to the practices of housing providers.
Table V-15 shows there are an estimated 9,200 family households, which comprise about 77% of all households. Approximately 4,118 family households have children; therefore, about 35% of all households have children less than 18 years of age (4,118/11,881). Families with children represent a significant number of all households. Most families with children are husband-wife, two parent families. However, approximately 1,400 female householders have children less than 18 years of age.
Table V-15
City of El Centro
Families With and Without Children: 2017
Type of Family
With
Children
< 18 Years Percent
Without
Children
<18 Years Percent Total Percent
Husband-Wife Families 2,489 43.4% 3,243 56.6% 5,732 62.4% Female Householder No Husband Present 1,311 48.8% 1,373 51.2% 2,684 29.2% Male Householder No Wife Present 318 41.5% 449 58.5% 767 8.4% Total 4,118 44.8% 5,065 55.2% 9,183 100.0%
Source: American Community Survey (ACS) 2017 5-Year Estimates, Table S1101 Households and Families.
Table construction by Castañeda & Associates
6. Handicap/Disability
a. Background
The Fair Housing Amendments Act of 1988 prohibits discriminatory housing practices based on handicap/disability status in all types of housing transactions. Among other prohibitions, the Act is intended to prohibit the application of special restrictive covenants and conditional or special use permits that have the effect of limiting the ability of such individuals to live in the residence of their choice. Fair housing laws, therefore, make it illegal to deny a housing opportunity on the basis of disabilities.
17.b
Packet Pg. 547 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-16
In addition, the law prohibits applying one standard to one class of individuals while applying a different standard to another class of individuals. For example, it would be illegal to ask a disabled individual applying for an apartment to provide a credit report if non-disabled applicants do not have to provide one.
Housing opportunities for disabled persons are impeded by practices in both the private and public sectors. For instance, “denied reasonable modification/accommodation” is often cited as an alleged act in housing discrimination complaints. Additionally, apartment rental ads often state “no pets allowed,” even though disabled persons may have service or companion animals.
In the public sector, housing opportunities can be impeded because a community has not adopted a reasonable accommodation procedure, or if adopted has not made the procedure widely known in the community.
The United States Department of Justice has indicated a major focus of its efforts is on public sector impediments that may restrict housing opportunities for disabled persons. The Department has stated:
The Division‟s enforcement of the Fair Housing Act‟s protections for persons with disabilities has concentrated on two major areas. One is insuring that zoning and other regulations concerning land use are not employed to hinder the residential choices of these individuals, including unnecessarily restricting communal, or congregate, residential arrangements, such as group homes. The second area is insuring that newly constructed multifamily housing is built in accordance with the Fair Housing Act‟s accessibility requirements so that it is accessible to and usable by people with disabilities, and, in particular, those who use wheelchairs.
Source: United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, The Fair Housing Act, July 25, 2008, page 4 b. Estimates of People with Disabilities and Types of Disabilities Almost 6,900 residents have one or more disabilities, according to data from the 2017 American Community Survey. Table V-16 shows the number of disabled persons by age group. The elderly experience the highest disability prevalence rates: 44.5% of all persons 65-74 years of age and older have one or more disability while 63.3% of the elderly 75 years of age or older have one or more disability.
According to the 2017 American Community Survey (ACS), 2,185 elderly persons 65 years and over reported an ambulatory difficulty. Ambulatory difficulty refers to persons who have “serious difficulty walking or climbing stairs.”
Elderly disabled owners may need home modifications as they age in place and permission from the City to make exterior modifications such as constructing ramps in the side yard. Elderly disabled renters may need permission for reasonable physical modifications and reasonable accommodations from their apartment manager.
17.b
Packet Pg. 548 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-17
Table V-16
City of El Centro
Disability Status of Civilian Non-institutionalized
Population by Age Group 2017
Age Group
Total
Population
Disabled
Population
Percent
Disabled
< 5 years 3,738 26 0.7%
5-17 years 9,109 609 6.7%
18-34 years 10,186 716 7.0%
35-64 years 14,914 2,632 17.6%
65 to 74 years 3,085 1,372 44.5%
75 years and over 2,435 1,542 63.3%
Total 43,467 6,897 15.9%
Source: American FactFinder, American Community Survey (ACS) 2017 5-Year Estimates, Table S1801 Disability Characteristics.
Table construction by Castañeda & Associates
7. Marital Status
The California Fair Employment and Housing Act prohibits discrimination based on marital status. The applicable state regulation defines marital status as – (a)n individual‟s state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital status.
Essentially, this means that all persons in a household or establishing a household fall within the meaning of this fair housing protect group. People are covered regardless of marital status or the state of marriage or non-marriage.
The 2017 American Community Survey has five “marital status” categories: Never Married, Now Married, Separated, Widowed and Divorced.
These terms refer to the marital status at the time of the survey. A married couple includes a family in which the householder and his or her spouse are enumerated as members of the same household. Table V-17 shows that 43.9% of the population 15 years of age or older are married and 36.0% have never married. The “now married” category includes all married people except those who are legally married but separated
17.b
Packet Pg. 549 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-18
Table V-17
City of El Centro
Marital Status of the Population 15 Years and Over: 2017 Marital Status Females Percent Males Percent Total Percent Never Married 5,483 31.6% 6,526 40.8% 12,009 36.0%
Now Married 7,271 41.9% 7,377 46.1% 14,648 43.9%
Separated 923 5.3% 326 2.0% 1,249 3.7%
Widowed 1,912 11.0% 459 2.9% 2,371 7.1%
Divorced 1,780 10.2% 1,305 8.2% 3,085 9.2%
Total 17,369 100.0% 15,993 100.0% 33,362 100.0%
American Community Survey 2017 5-Year Estimates, Table DP02 Selected Social Characteristics in the United States.
Table construction by Castañeda & Associates
E. COMPARISON OF THE STATUS AND WELL-BEING OF FAIR HOUSING
PROTECTED GROUPS
Part E compares the relative well-being of the fair housing protected groups in terms of poverty status and homeownership.
1. Poverty Income by Race and Ethnicity
Almost one in four householders has poverty incomes. Table V-18 shows the poverty rates by race and ethnicity which range from a low of 5.8% (Asian) to a high of 33.4% (Black or African American). Although poverty rates differ, households with such low incomes – regardless of race or ethnicity – are unable to afford the housing and neighborhoods of their choice.
As noted in the table footnote, the margin of error for four of the populations is quite high.
2. Poverty Income by Familial Status and Presence of Children Poverty by family type offers another indicator of the well-being of the fair housing protected groups. Female householders with children often confront bias in the rental housing market.
Their access to decent housing also is made more difficult by poverty. Female heads of households both with and without children under 18 experiences the highest poverty income rates. More than 800 female householders with children live in poverty, or nearly half of all such household types.
Table V-19 shows that female households have significantly higher poverty rates than other household types.
17.b
Packet Pg. 550 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-19
Table V-18
City of El Centro
Poverty Status by Race and Ethnicity – 2017
Race/Ethnicity
2017
Population
Number Below
Poverty Level
Percent Below
Poverty Level
White Alone 21,682 4,741 21.9%
Black or African American 1,101 368 33.4%
American Indian or Alaska Native 273 31 11.4%
Asian 902 52 5.8%
Native Hawaiian or Other Pacific Islander 107 0 0.0%
Some Other Race 16,781 5,431 32.4%
Two or More Races 2,554 191 7.5%
Hispanic or Latino (of any race) 37,310 10,242 27.5%
White Alone, not Hispanic or Latino 4,110 448 10.9%
Note: Margin of error for Black or African American is 33.4%; American Indian/Alaska Native is 11.4%; Native Hawaiian or Other Pacific Islander is 37.3%; Some Other Race Alone is 27.3% and Two or More Races is
7.5%.
Source: American Community Survey (ACS) 2017 5-Year Estimates, Table S1701, Poverty Status in the Past 12 Months
Table construction by Castañeda & Associates
Table V-19
City of El Centro
Poverty Status by Familial Status and Presence of Children - 2017 Family Type
Total
Number
of Families
Number
Below
Poverty
Level
Percent
Below
Poverty Level
Married Couple Families 5,732 717 12.5%
With related children under 18 years 2,936 523 17.8%
Female Householder, no husband present 2,684 1,090 40.6% With related children under 18 years 1,660 825 49.7%
All Families 9,183 1,919 20.9%
With related children under 18 years 4,963 1,424 28.7%
Note: Table does not include Male Householder, No Wife Present (815) With Own Children (417).
Source: American Community Survey (ACS) 2017 5-Year Estimates, Table S1702 Poverty Status in the Past 12 Months of Families
Table construction by Castañeda & Associates
3. Tenure by Race and Ethnicity
Existing and would be home owners may experience housing discrimination during the process of buying a home. For instance, discriminatory behavior could be made by real estate agents,
17.b
Packet Pg. 551 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-20
appraisers, lenders, and home insurance agents. Renters, on the other hand, could be denied access to housing while in-place tenants could be discriminated against by landlords. Most housing discrimination complaints are made be renters.
According to the 2010 Census one-half of all householders owned a home. Table V-20 shows the home ownership rates by race and ethnicity. In 2010, homeownership rates ranged from a low of 41.1% (Black or African American) to a high of 68% (White Alone). Almost 45% of Hispanic householders were homeowners. Although four other groups had home ownership rates higher than the City‟s average, they also comprise a very small percentage of all owners.
Table V-20
City of El Centro
Homeownership Rates by Race and Ethnicity: 2010
Race/Ethnicity Owners Percent Renters Percent
Total
Households Percent*
White 1,813 68.0% 855 32.0% 2,668 20.4%
Black or African American 145 41.1% 208 58.9% 353 2.7%
American Indian/Alaska Native 31 66.0% 16 34.0% 47 0.4% Asian 140 51.5% 132 48.5% 272 2.1%
Native Hawaiian or Other Pacific Islander 1 50.0% 1 50.0% 2 0.0% Some Other Race 8 42.1% 11 57.9% 19 0.1%
Two or More Races 43 50.6% 42 49.4% 85 0.6%
Hispanic or Latino 4,307 44.6% 5,355 55.4% 9,662 73.7%
Total 6,488 49.5% 6,620 50.5% 13,108 100.0%
Refers to % of all households
Sources: American FactFinder, Census 2010 Summary File 1, Table HCT1: Tenure by Hispanic or Latino Origin of Householder by Race of Householder
Table construction by Castañeda & Associates
The 2017 American Community Survey provides updated homeownership rates for two groups:
White, Not Hispanic Households 72.2%
Hispanic Households 46.1%
There is a high correlation between the number and percentage of renter households and the need for fair housing services. The overwhelming majority of the alleged housing discriminatory acts reported to HUD and the Inland Fair Housing and Mediation Board were made by renter householders.
17.b
Packet Pg. 552 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-21
4. Tenure (Owner/Renter) by Familial Status
The need for fair housing services is directly correlated to size of the fair housing protected groups against whom housing discrimination is practiced. El Centro has about 5,000 families with children. Families with children – most frequently renters – face housing discrimination.
Approximately 2,700 renter households have children. Table V-21 shows the number of families with and without children by tenure.
Table V-21
City of El Centro
Tenure by Presence of Children – 2017
Presence of Children Owner Percent Renter Percent Total Percent With Own Children Under 18 Years 2,258 38.3% 2,705 45.2% 4,963 41.8% No Own Children Under 18 Years 3,632 61.7% 3,286 54.8% 6,918 58.2% Total 5,890 100.0% 5,991 100.0% 11,881 100.0%
Source: American Community Survey (ACS) 2017 5-Year Estimates, Table B25012 Tenure by Families and Presences of Own Children.
Table construction by Castañeda & Associates
5. Homeownership by Household Type and Sex of Householder Table V-22 provides information on the fair housing protected groups of sex and familial status.
Approximately 4,300 female householders call El Centro home, which is one-third of all households. A high percentage – 64% of all female householders are renters (2,764/4,319).
That also means that almost 42% of all renters are female householders (2,764/6,620).
Table V-22
City of El Centro - Tenure by Household Type: 2010
Household Type Owner Percent Renter Percent Total Percent Married Couple Families 3,372 58.8% 2,360 41.2% 5,732 48.2% Male Householder,
No Wife Present
486 63.4% 281 36.6% 767 6.4%
Female Householder,
No Husband Present
965 36.0% 1,719 64.0% 2,684 22.6%
Householder Living Alone 953 41.7% 1,335 58.3% 2,288 19.3% Householder Living With Others 114 27.8% 296 72.2% 410 3.5% Total 5,890 49.6% 5,991 50.4% 11,881 100.0%
Source: American FactFinder, 2013-2017 American Community Survey 5-Year Estimates, Table B25011 Tenure by Household Type (Including Living Alone) and Age of Householder Table construction by Castañeda & Associates
17.b
Packet Pg. 553 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-22
Attachment A
2010 Census Definitions of Race
The data on race were derived from answers to the question on race that was asked of all people. The U.S. Census Bureau collects race data in accordance with guidelines provided by the U.S. Office of Management and Budget (OMB), and these data are based on selfidentification. The racial categories included in the census questionnaire generally reflect a social definition of race recognized in this country and not an attempt to define race biologically, anthropologically, or genetically. In addition, it is recognized that the categories of the race item include racial and national origin or sociocultural groups. People may choose to report more than one race to indicate their racial mixture, such as “American Indian” and “White.” People who identify their origin as Hispanic, Latino, or Spanish may be of any race.
The racial classifications used by the Census Bureau adhere to the October 30, 1997, Federal Register notice entitled, “Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity” issued by OMB. These standards govern the categories used to collect and present federal data on race and ethnicity. OMB requires five minimum categories (White, Black or African American, American Indian or Alaska Native, Asian, and Native Hawaiian or Other Pacific Islander) for race. The race categories are described below with a sixth category, “Some Other Race,” added with OMB approval. In addition to the five race groups, OMB also states that respondents should be offered the option of selecting one or more races.
If an individual did not provide a race response, the race or races of the householder or other household members were allocated using specific rules of precedence of household relationship. For example, if race was missing for a natural-born child in the household, then either the race or races of the householder, another natural-born child, or spouse of the householder were allocated.
If race was not reported for anyone in the household, then their race was assigned based on their prior Census record (either from Census 2000 or the American Community Survey), if available. If not, then the race or races of a householder in a previously processed household were allocated.
Definitions from OMB guide the Census Bureau in classifying written responses to the race question:
White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. It includes people who indicate their race as “White” or report entries such as Irish, German, Italian, Lebanese, Arab, Moroccan, or Caucasian.
Black or African American. A person having origins in any of the Black racial groups of Africa.
It includes people who indicate their race as “Black, African Am., or Negro” or report entries such as African American, Kenyan, Nigerian, or Haitian.
American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment. This category includes people who indicate their race as “American Indian or Alaska Native” or report entries such as Navajo, Blackfeet, Inupiat, Yup‟ik, or Central American Indian groups or South American Indian groups.
17.b
Packet Pg. 554 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-23
Respondents who identified themselves as “American Indian or Alaska Native” were asked to report their enrolled or principal tribe. Therefore, tribal data in tabulations reflect the written entries reported on the questionnaires. Some of the entries (for example, Metlakatla Indian Community and Umatilla) represent reservations or a confederation of tribes on a reservation.
The information on tribe is based on self-identification and therefore does not reflect any designation of federally or state-recognized tribe. The information for the 2010 Census was derived from the American Indian and Alaska Native Tribal Classification List for Census 2000 and updated from 2002 to 2009 based on the annual Federal Register notice entitled “Indian Entities Recognized and Eligible to Receive Services From the United States Bureau of Indian Affairs,” Department of the Interior, Bureau of Indian Affairs, issued by OMB, and through consultation with American Indian and Alaska Native communities and leaders.
Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. It includes people who indicate their race as “Asian Indian,” “Chinese,” “Filipino,” “Korean,” “Japanese,” “Vietnamese,” and “Other Asian” or provide other detailed Asian responses.
Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. It includes people who indicate their race as “Native Hawaiian,” “Guamanian or Chamorro,” “Samoan,” and “Other Pacific Islander” or provide other detailed Pacific Islander responses.
Some Other Race. Includes all other responses not included in the “White,” “Black or African American,” “American Indian or Alaska Native,” “Asian,” and “Native Hawaiian or Other Pacific Islander” race categories described above. Respondents reporting entries such as multiracial, mixed, interracial, or a Hispanic, Latino, or Spanish group (for example, Mexican, Puerto Rican, Cuban, or Spanish) in response to the race question are included in this category.
Two or More Races. People may choose to provide two or more races either by checking two or more race response check boxes, by providing multiple responses, or by some combination of check boxes and other responses. The race response categories shown on the questionnaire are collapsed into the five minimum race groups identified by OMB and the Census Bureau‟s “Some Other Race” category. For data product purposes, “Two or More Races” refers to combinations of two or more of the following race categories:
1. White
2. Black or African American
3. American Indian or Alaska Native
4. Asian
5. Native Hawaiian or Other Pacific Islander
6. Some Other Race
There are 57 possible combinations involving the race categories shown above. Thus, according to this approach, a response of “White” and “Asian” was tallied as Two or More Races, while a response of “Japanese” and “Chinese” was not because “Japanese” and “Chinese” are both Asian responses.
17.b
Packet Pg. 555 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-24
Attachment B
2010 Census Definitions of Hispanic or Latino Origin
The data on the Hispanic or Latino population were derived from answers to a question that was asked of all people. The terms “Hispanic,” “Latino,” and “Spanish” are used interchangeably.
Some respondents identify with all three terms, while others may identify with only one of these three specific terms. People who identify with the terms “Hispanic,” “Latino,” or “Spanish” are those who classify themselves in one of the specific Hispanic, Latino, or Spanish categories listed on the questionnaire (“Mexican,” “Puerto Rican,” or “Cuban”) as well as those who indicate that they are “another Hispanic, Latino, or Spanish origin.” People who do not identify with one of the specific origins listed on the questionnaire but indicate that they are “another Hispanic, Latino, or Spanish origin” are those whose origins are from Spain, the Spanishspeaking countries of Central or South America, or the Dominican Republic. Up to two write-in responses to the “another Hispanic, Latino, or Spanish origin” category are coded.
Origin can be viewed as the heritage, nationality group, lineage, or country of birth of the person or the person‟s parents or ancestors before their arrival in the United States. People who identify their origin as Hispanic, Latino, or Spanish may be of any race.
Some tabulations are shown by the origin of the householder. In all cases where the origin of households, families, or occupied housing units is classified as Hispanic, Latino, or Spanish, the origin of the householder is used. If an individual did not provide a Hispanic origin response, their origin was allocated using specific rules of precedence of household relationship. For example, if origin was missing for a natural-born child in the household, then either the origin of the householder, another natural-born child, or spouse of the householder was allocated.
If Hispanic origin was not reported for anyone in the household and origin could not be obtained from a response to the race question, then their origin was assigned based on their prior census record (either from Census 2000 or the American Community Survey), if available. If not, then the Hispanic origin of a householder in a previously processed household with the same race was allocated. As in Census 2000, surnames (Spanish and non-Spanish) were used to assist in allocating an origin or race.
Comparability. There are four changes to the Hispanic origin question for the 2010 Census.
First, the wording of the question differs from that in 2000. In 2000, the question asked if the person was “Spanish/Hispanic/Latino.” In 2010, the question asks if the person is “of Hispanic, Latino, or Spanish origin.” Second, in 2000, the question provided an instruction, “Mark the „No‟ box if not Spanish/Hispanic/ Latino.” The 2010 Census question provided no specific instruction for non-Hispanics. Third, in 2010, the “Yes, another Hispanic, Latino, or Spanish origin” category provided examples of six Hispanic origin groups (Argentinean, Colombian, Dominican, Nicaraguan, Salvadoran, Spaniard, and so on) and instructed respondents to “print origin.” In 2000, no Hispanic origin examples were given. Finally, the fourth change was the addition of a new instruction in the 2010 Census that was not used in Census 2000. The instruction is stated as follows: “NOTE: Please answer BOTH Question 8 about Hispanic origin and Question 9 about race. For this census, Hispanic origins are not races.” There were two changes to the Hispanic origin question for Census 2000. First, the sequence of the race and Hispanic origin questions for Census 2000 differed from that in 1990; in 1990, the race question preceded the Hispanic origin question. Testing prior to Census 2000 indicated that response to the Hispanic origin question could be improved by placing it before the race
17.b
Packet Pg. 556 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-25
question without affecting the response to the race question. Second, there was an instruction preceding the Hispanic origin question indicating that respondents should answer both the Hispanic origin and the race questions. This instruction was added to give emphasis to the distinct concepts of the Hispanic origin and race questions, and emphasized the need for both pieces of information.
Furthermore, there was a change in the processing of the Hispanic origin and race responses.
In the 1990 census, respondents provided Hispanic origin responses in the race question and race responses in the Hispanic origin question. In 1990, the Hispanic origin question and the race question had separate edits; therefore, although information may have been present on the questionnaire, it was not fully utilized due to the discrete nature of the edits. However, for Census 2000, there was a joint race and Hispanic origin edit that utilized Hispanic origin and race information, regardless of the location.
Source: 2010 Census Redistricting Data (Public Law 94-171) Summary File: Technical Documentation, Appendix B – Definitions of Subject Characteristics, January 2011
17.b
Packet Pg. 557 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-26
Attachment C
Fair Housing Protected Classes
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). These categories of persons are “protected classes” under the provisions of the Fair Housing Act.
Race: The Fair Housing Act does not define race. Data on race is required for many federal programs and the Census Bureau collects race data in accordance with guidelines provided by the U.S. Office of Management and Budget (OMB) and these data are based on selfidentification. The racial categories included in the census form generally reflect a social definition of race recognized in this country, and are not an attempt to define race biologically, anthropologically or genetically. In addition, the Census Bureau recognizes that the categories of the race item include both racial and national origin or socio-cultural groups.
Census 2010 and the American Community Survey provide for six race categories: White; Black, African American or Negro; American Indian or Alaska Native; Asian; Native Hawaiian or Other Pacific Islander; and Some Other Race.
Color: The Fair Housing Act does not define color. However, it must refer to the complexion of a person's skin color or pigmentation. The 2010 racial categories can be traced to Statistical Policy Directive No.15, promulgated by the OMB on May 12, 1977. “The four racial categories stipulated in the (1977) directive parallel the classic nineteenth-century color designations of black, white, red (American Indian or Alaska native), and yellow (Asian or Pacific Islander); there is no brown race in the American ethnoracial taxonomy.” [Victoria Hattam, “Ethnicity & the Boundaries of Race: Re-reading Directive 15,” Daedalus, Winter 2005, page 63]
Sex: This basis refers to gender identity. California‟s Fair Employment and Housing Act defines “sex” as including, but not limited to, pregnancy, childbirth, medical conditions related to pregnancy or childbirth and a person's gender, as defined in Section 422.56 of the Penal Code. Government Code Section 12926(p)
National Origin: This basis refers to the real or perceived country of an individual‟s birth, ancestry, language and/or customs.
Religion: According to the United States Department of Justice, this prohibition covers instances of overt discrimination against members of a particular religion as well as less direct actions, such as zoning ordinances designed to limit the use of private homes as places of worship.
17.b
Packet Pg. 558 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section V: Fair Housing Community Profile
V-27
California's Fair Employment and Housing Act (FEHA) is the primary state law which prohibits discrimination in the sale, rental, lease negotiation, or financing of housing. The FEHA has five additional protected classes: sexual orientation, marital status, ancestry, source of income and age.
Handicap (Disability): According to Section 802(h) of the Fair Housing Act, as amended, handicap/disability means -
(1) a physical or mental impairment which substantially limits one or more of such person's major life activities,
(2) a record of having such an impairment, or
(3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
Familial Status: According to Section 802(k) of the Fair Housing Act, as amended, means one or more individuals (who have not attained the age of 18 years) being domiciled with-- (1) a parent or another person having legal custody of such individual or individuals; or
(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
Marital Status: The applicable state regulation defines marital status as “(a)n individual’s state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital status.”
Sexual Orientation: The FEHA defines this basis as heterosexuality, homosexuality, and bisexuality. Government Code Section 12926(q)
Source of Income: Source of income means lawful, verifiable income paid directly to tenant or paid to a representative of a tenant. A landlord is not considered a representative of a tenant. For purposes of the FEHA, it shall not constitute discrimination based on source of income to make a written or oral inquiry concerning the level or source of income.
17.b
Packet Pg. 559 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION VI
IDENTIFICATION OF
PUBLIC SECTOR IMPEDIMENTS
TO FAIR HOUSING CHOICE
17.b
Packet Pg. 560 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION VI-IDENTIFICATION OF PUBLIC SECTOR IMPEDIMENTS
TO FAIR HOUSING CHOICE
SECTION PAGE
A. INTRODUCTION VI-1
B. HOUSING SERVICES – IMPERIAL VALLEY HOUSING AUTHORITY VI-1
1. Introduction VI-1
2. Steps to Promote Housing Choices for Certificate and Voucher Holders VI-1
3. Practices to Encourage Certificate and Voucher Holders to look for Housing in Neighborhoods that are not Traditional Residential Areas VI-2
4. Efforts to Desegregate Public Housing Developments VI-3
5. Policies Regarding the Admittance of Persons with Mental and Other Non-Physical Disabilities VI-3
6. Tenant Application/Selection/Assignment Policies VI-4
7. Concentrations and Exclusions of Race, Ethnicity, Disability and Familial Status VI-5
8. Consistency of IVHA with the Requirements of Federal, State, Local Law and HUD Regulations and Guidelines VI-5
9. Whether HUD Housing Providers have been found in Noncompliance with one or more Civil Rights Laws or Regulations VI-6
10. Whether Housing Rights Information is conveyed to Assisted Households VI-5
11. Housing Provider Property Management Practices VI-6
12. Conclusions and Recommendations VI-6
C. TRANSPORTATION SERVICES – IMPERIAL VALLEY TRANSIT VI-7
1. Introduction VI-7
2. Transit Services Available to Affordable Housing Developments VI-7
3. Transit Services in Proximity to the Location of Major Employers VI-7
4. Journey/Commute to Work VI-8
5. Conclusions and Recommendations VI-9
17.b
Packet Pg. 561 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION PAGE
D. DISPERSAL OR CONCENTRATION OF GROUP HOMES VI-10
1. Introduction VI-10
2. Housing for the Disabled in Group Homes VI-10
3. Conclusions and Recommendations VI-12
E. Planning, Zoning and Building Policies and Practices VI-12
1. Introduction VI-12
2. Summary VI-13
F. Assessment of Fair Housing VI-19
List of Tables
Table VI-1 City of El Centro IVT Public Transportation Available to Major Employers Located Within the City of El Centro – 2018 VI-9
Table VI-2 City of El Centro Means of Transportation to Work — 2010 and 2017 VI-10 Table VI-3 City of El Centro -- Siting of Licensed Group Homes: December 2018 VI-11
17.b
Packet Pg. 562 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-1
A. INTRODUCTION
The identification of public sector fair housing impediments involves the following:
Policies and practices of the Imperial Valley Housing Authority Transit services provided to affordable housing developments and major employers by the Imperial Valley Transit
Dispersal or concentration of group homes housing disabled and frail elderly people City of El Centro Planning, Zoning, and Building Policies and Practices B. HOUSING SERVICES – IMPERIAL VALLEY HOUSING AUTHORITY (IVHA)
1. Introduction
Section 8 rental assistance is a critically important resource for low income and minority populations. As of August 2018, 954 extremely low and very low income households who obtain rental assistance through the Section 8 Housing Choice Voucher Program administered by the IVHA. The households receiving this rental assistance represent 8% of all the City’s householders and 16% (954/5,991) of all renters. As a result, the housing policies of the IVHA greatly influence the housing choices of fair housing protected groups such as minority populations, families and disabled persons. In general, 33% of the voucher holders are elderly; 19% are head of household with a disability; and 6% are large families.
As agriculture is such a large part of the Imperial Valley economy, the Housing Authority’s Farm Worker Housing units are extremely important to farm worker families residing in Imperial County. These units were developed for farm worker income families with funding provided by agencies such as USDA Rural Development and the State of California’s Housing and Community Development. Farm worker income families are offered the opportunity to reside in attractive communities with rents based on the family’s income. Two farm worker developments are located in El Centro:
Tierra del Sol
Casa de Anza
HUD has ranked the IVHA as a “High Performing” housing authority in 2014, 2015, 2016 and 2018 and “Standard Performing” in 2017. In determining the rankings, HUD assesses housing agencies on four criteria: physical condition of its properties, financials, management and resident satisfaction. To earn the highest rating, a housing authority must score at least 90 out of a possible 100 points.
A review was made of the IVHA policies and practices in the following areas:
Specific steps that are being taken to promote housing choices for certificate and voucher holders
Practices to encourage certificate and voucher holders to look for housing in neighborhoods that are not traditional residential areas for such holders Specific efforts undertaken to desegregate public housing developments Policies regarding the admittance of persons with mental and other non-physical disabilities
17.b
Packet Pg. 563 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-2
Tenant application, selection and assignment policies Concentrations and exclusions based on race, ethnicity, disability and familial status Consistency of IVHA with the requirements of federal, state, local law and HUD regulations and guidelines
Whether HUD housing providers have been found in noncompliance with one or more civil rights laws or regulations
Whether housing rights information is conveyed to assisted households Location of public supported housing to accessible transit or public transportation
2. Steps to Promote Housing Choices for Certificate and Voucher Holders The Mission Statement of the IVHA is:
The mission of the Imperial Valley Housing Authority through non-discriminatory practices seeks to leverage resources to promote affordable, decent, safe and stable housing to enable communities to thrive and low-income families to increase their potential for long-term economic self-sufficiency and high sustained quality of life.
The Housing Authority is committed to offering a wide range of housing opportunities to its program participants and the freedom to choose the program that best meets their needs. The Housing Authority is committed to maintaining a heterogeneous and integrated community and to meeting the needs of its residents. The dwelling units will be environmentally sound and energy efficient. The Housing Authority will give due attention to planning considerations such as population density, open space, education, employment goals and crime prevention, which will improve the quality of life of our participants.
All tenants are made aware of current available housing by personal contact by IVHA staff and the posting and distribution of notices of application.
IVHA also publishes available rental units in the Imperial Valley Press newspaper and by distributing information to all member cities for display in City Halls.
3. Practices to Encourage Certificate and Voucher Holders to look for Housing in Neighborhoods that are not Traditional Residential Areas IVHA has a written policy to encourage participation by owners of units outside the areas of poverty or minority concentration. However, almost 21% of Imperial County’s population is below the poverty level and 90% identifies with a minority group which includes all persons other than non-Hispanic white persons.
The Housing Authority has a policy of conducting outreach to owners to ensure they are familiar with the program and its advantages. IVHA actively recruits property owners by: distributing printed material about the program to owners and managers, contacting owners in person or by phone, holding owner recruitment/information meetings, participating in community-based organizations comprised of private property owners and managers, and by developing working relationships with owners and real estate broker associates.
IVHA participates in the Family Self-Sufficiency (FSS) Program with a current enrollment of 71 participating families. There have been 171 FSS Program graduates since the inception of the
17.b
Packet Pg. 564 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-3
program. The IVHA FSS Program is voluntary because IVHA met the goals of the original allocation.
IVHA also has implemented the Homeownership Program and 88 FSS families have purchased homes throughout Imperial County and 28 of those families utilized the Housing Choice Voucher Homeownership Program to purchase their homes.
HUD promotes the goal to not locate affordable housing within racially/ethnically concentrated areas of poverty. HUD has established thresholds for identifying R/ECAPs, as follows:
To assist communities in identifying racially/ethnically-concentrated areas of poverty (R/ECAPs), HUD has developed a census tract-based definition of R/ECAPs. The definition involves a racial/ethnic concentration threshold and a poverty test. The racial/ethnic concentration threshold is straightforward: R/ECAPs must have a non-white population of 50 percent or more. Regarding the poverty threshold, neighborhoods of extreme poverty are defined as census tracts with 40 percent or more of individuals living at or below the poverty line. Because overall poverty levels are substantially lower in many parts of the country, HUD supplements this with an alternate criterion. Thus, a neighborhood can be an R/ECAP if it has a poverty rate that exceeds 40% or is three or more times the average tract poverty rate for the metropolitan/micropolitan area, whichever threshold is lower. Census tracts with this extreme poverty that satisfy the racial/ethnic concentration threshold are deemed R/ECAPs.
Census Tract 115 meets the two thresholds and, therefore, is an R/ECAP. This census tract has a population of 6,232 of which 92.5% belong to a minority group population. The poverty rate is
41.3%.
4. Efforts to Desegregate Public Housing Developments
The population in Imperial County is approximately 90% minority; many of them low and very low income. IVHA complies with all provisions of Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, which prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
5. Policies Regarding the Admittance of Persons with Mental and Other NonPhysical Disabilities Every year, the IVHA submits an annual plan to HUD. One of the fair housing objectives stated in that plan by the Housing Authority is:
Undertake affirmative measures to ensure accessible housing to persons with all varieties of disabilities regardless of unit size required.
It is the policy of the Imperial Valley Housing Authority to provide reasonable accommodations and to permit tenants with disabilities to make reasonable modifications to their Public Housing unit upon request. IVHA may request appropriate documentation of the need for the accommodation or modification to enable the applicant equal opportunity to use and enjoy IVHA’s housing programs. According to the Annual Plan submitted by IVHA to HUD, a fair
17.b
Packet Pg. 565 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-4
housing objective is to provide reasonable public housing unit modifications at no cost to the resident.
IVHA works to support and implement reasonable accommodations for participants in all its programs and for users of its facilities and housing. Its policy is responsive to individual needs for physical modifications. IVHA also provides staff training and guidance so that the staff is better able to provide assistance to its customers. It also coordinates with the Planning and Building and Safety Departments of its member cities.
It is the goal of IVHA to provide clean, safe, and affordable housing to low and moderate income persons regardless of disability. Examples of proactive efforts of the IVHA include seeking funding for the homeless and the fair housing protected groups of families (farm labor) and disabled (AIDS victims).
6. Tenant Application/Selection/Assignment Policies
The Housing Authority is the public housing authority for the County of Imperial and all incorporated cities with the exception of the City of Calexico which has its own housing authority.
IVHA maintains two offices in Imperial County; one in Brawley and one in the City of El Centro.
Applications for housing assistance are available in both English and Spanish along with easily read and understood written instructions. Bilingual staff is on-hand at both office locations to assist people in completing the application. Intake/Occupancy Specialists meet with the applicants and provide verbal and written information about available housing by location, type, and cost. To assist the general public, the IVHA regularly publishes announcements of housing availability.
Order of Selection: IVHA complies with the HUD Income Targeting Requirement and Extremely Low Income (ELI) households are selected ahead of other eligible families on an as-needed basis to ensure the income targeting requirement is met. Progress on this requirement is monitored throughout the fiscal year.
Families are selected from waiting lists based on the targeted funding or selection preferences for which they qualify. Within each targeted funding or preference category, selection is accomplished through a first-come-qualified-first served basis for the various types, size, and location of units, according to the date and time their completed application is received by IVHA.
Waiting lists are maintained for senior citizen housing; disabled persons; large families; farmworker housing; and lists for housing that have a minimum income threshold. IVHA also maintains a list of affordable mobile home rental spaces for mobile home owners.
Local preferences will be aggregated using a point system by the IVHA. The more preference points an applicant has, the higher the applicant’s place on the waiting list.
All applicants are investigated for eligibility without discrimination. Applicants must provide proof of income, list the relationship and social security numbers of all members of the household, and agree to a criminal record screening.
17.b
Packet Pg. 566 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-5
Applicants can indicate their preference for housing in specific towns or cities but may be offered available units in other communities. Refusal of a unit in a non-preferred location is not a reason to be removed from the waiting list.
7. Concentrations and Exclusions of Race, Ethnicity, Disability and Familial Status
As previously described, 90% of Imperial County’s population belongs to a minority group. As a result, the housing occupied by public housing and Section 8 assisted residents is likely to be located in a neighborhood or census tract where the majority of the population is a member of a minority group.
The Housing Authority explains to voucher holders the advantages of finding housing in areas with low concentrations of low income families. This allows families to rent a unit in an area where there may be a wider selection of:
School districts
Employment
Medical facilities/doctors
Shopping
Public transportation
Regarding exclusions, according to the records of the Inland Fair Housing and Mediation Board offices in both El Centro and the main office in Ontario, there have been no complaints regarding exclusions based on race, ethnicity, disability, or familial status.
According to the IVHA’s Annual Plan, a fair housing objective is to “Respond to family’s needs when they are eligible for housing.”
According to the IVHA Annual Plan, the Section 8 Homeownership Program is available to persons with disabilities.
8. Consistency of IVHA with the Requirements of Federal, State, Local Law and HUD Regulations and Guidelines
The IVHA policies are regularly updated and revised to incorporate all changes in public housing legislation, rules, and regulations. To ensure that these changes are incorporated in a timely and correct manner, IVHA subscribes to the Nan McKay & Associates, Inc. Policy and Guideline Service (www.nanmckay.com).
IVHA values staff development and training, and the entire staff attended Fair Housing regulation and policy training in January 2018.
In addition, IVHA staff has an excellent relationship with local, regional, and national HUD staff and they are on both the electronic and “hard copy” HUD distribution and notification lists.
The IVHA has published a Housing Choice Voucher Program Guide for Landlords & Owners.
The program guide explains the landlord’s rights and responsibilities which include:
Complying with equal opportunity requirements
17.b
Packet Pg. 567 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-6
Attending fair housing training
9. Whether HUD Housing Providers have been found in Noncompliance with one or more Civil Rights Laws or Regulations
According to the Inland Fair Housing and Mediation Board and the staff at IVHA, no HUD assisted or HUD insured housing provider in El Centro have been found in noncompliance with one or more civil rights laws or regulations, nor have there been any corrective actions initiated.
10. Whether Housing Rights Information is conveyed to Assisted Households The IVHA and all participating cities, including the City of El Centro, have public information readily available at all agency and City offices. In addition, housing rights information is available on the City of El Centro’s web site.
The IVHA has several information brochures prepared by HUD, the Inland Fair Housing and Mediation Board, and by IVHA that are provided to every person that inquires about housing.
This information is provided in both English and Spanish.
The information provided is written in clear and understandable terms. Additionally, contact information is provided so that members of the public can call with questions, concerns, or asking for more information.
11. Housing Provider Property Management Practices
As noted in number 8, the IVHA has prepared a Housing Choice Voucher Program Guide for Landlords & Owners. The information included in the Guide can be supplemented by describing property management practices that affirmatively further fair housing such as:
Occupancy limits which refer to the maximum number of persons who may occupy an apartment unit.
Service and companion animals such as seeing-eye dogs. Reasonable housing unit modifications which refer to a structural change to existing premises to afford people with disabilities full enjoyment of a dwelling. Reasonable accommodations which refer to changes to rules, policies, practices or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.
The IVHA will prepare a guide for landlords and owners and upload it to its website.
12. Conclusions and Recommendations
The detailed review of its policies and practices demonstrate that the IVHA affirmatively furthers fair housing choice. Two actions can be taken by the IVHA to affirmatively further fair housing:
Continue to actively encourage families to seek housing in neighborhoods with low concentrations of low income families.
Supplement the Housing Choice Voucher Program Guide for Landlords & Owners with information on property management practices that affirmatively further fair housing.
17.b
Packet Pg. 568 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-7
C. TRANSPORTATION SERVICES – IMPERIAL VALLEY TRANSIT
1. Introduction
Low income persons and persons with disabilities frequently need access to public transportation to their workplace. Without access to convenient public transportation the journey to work is often difficult, if not impossible. As a result, access to public transportation can improve the ability of low income persons and disabled persons to secure employment. Full time employment, in turn, increases the capacity of such households to obtain decent housing and contributes to fair housing choice.
2. Transit Services Available to Affordable Housing Developments The City of El Centro and Imperial County is served by Imperial Valley Transit (IVT). It provides daily, regularly scheduled bus service on the Green Line and Blue Line from 6:00 in the morning until 6:30 in the afternoon. Those two routes enable riders to go to work or school from the most northern boundary of the City to the southern-most boundary. These local routes over-lap in the central City area.
An analysis was completed of the location of bus stops in relation to affordable rental housing developments. All affordable housing developments are near bus stops on the two main transportation routes, the Green Line and the Blue Line. In addition, those two lines serve the entire City with stops within two or three blocks of most of the residential areas in the City.
3. Transit Services in Proximity to the Location of Major Employers Imperial Valley Transit (IVT) provides daily, regularly scheduled bus service on the Green Line and Blue Line from 6:00 in the morning until 6:30 in the afternoon. Those two routes enable riders to go to work or school from the most northern boundary of the City to the southern-most boundary. These local routes over-lap in the central City area.
In addition, IVT has 12 regional routes providing bus transportation from Bombay Beach, along the Salton Sea, on the north to the United States/Mexico border just south of the City of Calexico. These routes go as far west as Seeley and serve employees at the Centinela State Prison and the El Centro Naval Air Facility both located about eight miles west of downtown El Centro.
IVT has six “fare zones” and discounted pricing for students, senior citizens, and the disabled.
Those persons and low income persons and families are eligible to purchase discounted ticket booklets at the City Halls in El Centro, Calipatria, Holtville, Imperial and Westmorland.
According to data available from the State Employment Development Department, Table VI-1 lists 12 major employers by name and industry, site location, number of employees, and the name or number of the bus route. Bus transportation is available to all of the major employers.
For some employers, there are multiple bus routes accessible by their employees. IVT services also are available to large employers located near but outside the City limits.
17.b
Packet Pg. 569 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-8
4. Journey/Commute to Work
El Centro workers rely on public transportation as means of transportation to work on a limited basis. As Table VI-2 demonstrates the number and percentage of workers using public transportation increased between 2010 and 2017. However, almost 91% of workers drive alone or carpool to commute to work.
The 2017 American Community Survey also reveals that the City’s workers enjoy relatively short travel times to work compared to other southern California workers. For El Centro workers, the mean travel time to work was 18.4 minutes. Almost 80% of all workers have a travel time of less than 24 minutes. These low travel times can be explained by the fact that 38.5% of residents both live and work in El Centro.
5. Conclusions and Recommendations
Poor or inadequate public transportation impacts the ability of low income persons to find employment. The lack of employment or underemployment adversely impacts their capacity to generate income and, therefore, diminishes the housing choices that can be afforded.
Transportation, employment and housing are so interrelated that fair housing choices can be positively or negatively impacted by their relationship.
Imperial Valley Transit (IVT) provides regularly scheduled, economical, bus service to all affordable housing developments and all major employment centers except for areas along rural Ross Road.
The services provided by IVT are comprehensive and do not create an impediment to fair housing.
17.b
Packet Pg. 570 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-9
Table VI-1
City of El Centro
IVT Public Transportation Available to Major Employers Located Within the City of El Centro – 2018
Employer Name
Employer Industry Location
Number of
Employees
Bus Route or
Other
Central Union High School 1001 W. Brighton
Avenue
250-499 Blue/Green
Imperial County Behavioral Heath
Industry: Psychiatric and substance
abuse hospitals
202 N. 8th Street 250-499 Green
8 A Packing LLC
Industry: Labor unions and similar
organizations
696 E. Ross Road 250-499 Blue/Green
El Centro Naval Air Facility
Industry: National security
1500 8th Street 500-999 Green
El Centro Regional Medical Center
Industry: General Medical and
Surgical Hospitals
1415 Ross Avenue 500-999 Blue/Green
Walmart Supercenter
Industry: Department Store
2150 N Waterman 250-499 Green
Target
Industry: Department Stores
2295 N. Imperial
Avenue
100-249 Green
Costco
Industry: Warehouse clubs and
supercenters
2030 N Imperial
Avenue
100-249 Green
Imperial County Coroner
Industry: Legislative bodies
328 Applestill Road 250-499 Blue
Imperial County Office –
Educational Foundation
Industry: Civilian and social
organizations
1398 Sperber Road 500-999 Blue
Imperial Irrigation District
Industry:
2151 W. Adams 1,000-4,999 Green
Allstar Seed Co.
Industry: Seeds & bulbs - wholesale
2015 Silsbee Road 250-499 Blue
Source: This list of major employers was extracted by the California Employment Development Department from America’s Labor Market Information System (ALMIS) Employer Database, 2019 1st Edition. Employer information is provided by Infogroup, Omaha, NE
IVT services also are available to large employers located near but outside the City limits.
Table constructed by Castañeda & Associates
17.b
Packet Pg. 571 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-10
Table VI-2
City of El Centro
Means of Transportation to Work — 2010 and 2017
Means of Transportation
Number
of
Workers
2010 Percent
Number
of
Workers
2017 Percent
Drove alone 12,203 79.1% 12,322 81.3%
Carpool 1,741 11.3% 1,444 9.5%
Public transportation 76 0.5% 209 1.4%
Bicycle 27 0.2% 60 0.4%
Walked 335 2.2% 321 2.1%
Taxicab, Motorcycle or Other 186 1.2% 183 1.2%
Worked at Home 864 5.5% 613 4.1%
Total 15,432 100.0% 15,152 100.0%
Source: American Community Survey (ACS), 2010 and 2017 5-Year Estimates, Table B08301 Means of Transportation to Work.
Table construction by Castañeda & Associates
D. DISPERSAL OR CONCENTRATION OF GROUP HOMES
1. Introduction
Impediments exist when the fair housing protected groups such as minorities and disabled persons lack housing choice in a given housing market. According to HUD, the following are issues that may adversely impact fair housing choices:
Placement of group homes
Opportunities outside areas of concentration
Integrated opportunities for disabled
Restrictions on group homes
The City completed a review of public policies (State and local) that affect the decisions on the above noted issues.
2. Housing for the Disabled in Group Homes
Federal and State laws and policies promote housing for disabled persons in residential neighborhoods. In fact, under California state law, licensed facilities serving six persons or fewer receive special land use protection. California requires that many types of licensed facilities serving six persons or fewer be treated for zoning purposes like single-family homes. The State laws have preempted local zoning policies.
Over concentration of certain care homes in a neighborhood is regulated by the State for licensed facilities. The California Department of Social Services must deny an application for certain group homes if the new facility would result in "overconcentration." For community care
17.b
Packet Pg. 572 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-11
facilities, intermediate care facilities, and pediatric day health and respite care facilities, "overconcentration" is defined as a separation of less than 300 feet from another licensed "residential care facility," measured from the outside walls of the structure housing the facility.
Congregate living health facilities must be separated by 1,000 feet.
These separation requirements do not apply to residential care facilities for the elderly, drug and alcohol treatment facilities, foster family homes, or "transitional shelter care facilities," which provide immediate shelter for children removed from their homes. None of the separation requirements have been challenged under the federal Fair Housing Act, although separation requirements have been challenged in other states.
These separation requirements apply only to facilities with the same type of license. For instance, a community care facility would not violate the separation requirements even if located next to a drug and alcohol treatment facility.
Even if there is adequate separation between the facilities, a city or county may ask that the license be denied based on over concentration. In order to ensure that housing for the disabled does not become overly concentrated, the City periodically updates the number and location of licensed group homes. Table VI-3 shows El Centro has seven group homes having a combined capacity of 52 beds. All group homes are adequately separated from one another and no overconcentration exists at the present time.
Table VI-3
City of El Centro -- Siting of Licensed Group Homes: December 2018 Facility
Type
Target
Population Capacity Name Address
CT/BG
Location Distance1
ARF Developmentally
Disabled
6 Smoketree 1663 Smoketree
Drive
118.02/5 .87 Miles
RCFE Elderly
Dementia
8 Casa Elite 1785 Citrus Lane 113/2 2.47 Miles
RCFE Elderly
Dementia
14 Heart and Hand,
Inc.
499 S. Sunset
Drive
118.01/2 1.70 Miles
RCFE Elderly
Dementia
6 Vintage Village 2 1203 Driftwood 117/2 .20 Miles
RCFE Elderly
Dementia
6 Vintage Village
Assisted Living
921 Ocotillo 117/2 .20 Miles
ARF Elderly
Dementia
6 Sunset Home 1878 South
Second Street
117/1 1.10 Miles
RCFE Elderly
Dementia
6 Majestic Villa
Assisted Living
1910 Woodside
Drive
117/3 .20 Miles
ARF = Adult Residential Facility
RCFE = Residential Care Facility for the Elderly
1Distance from the next nearest facility.
In addition, there is one facility with a license pending. It is A & A Cottage View Assisted Living located at 103 S. Haskell Drive. The capacity is 9 adults.
Source: California Department of Social Services, Community Care Licensing Division, December 2018 Table construction by Castañeda & Associates
17.b
Packet Pg. 573 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-12
3. Conclusions and Recommendations
No overconcentration of group homes exists. The City will continue its practice of annually determining the number and location of licensed group homes. If an overconcentration appears to be emerging, the City will contact the California Department of Social Services, Community Care Licensing Division to implement measures that would avoid an overconcentration.
E. Planning, Zoning and Building Policies and Practices
1. Introduction
The United States Department of Justice has indicated that a major focus of its efforts is on public sector impediments that may restrict housing opportunities for disabled persons. The Department has stated:
The Division’s enforcement of the Fair Housing Act’s protections for persons with disabilities has concentrated on two major areas. One is insuring that zoning and other regulations concerning land use are not employed to hinder the residential choices of these individuals, including unnecessarily restricting communal, or congregate, residential arrangements, such as group homes. The second area is insuring that newly constructed multifamily housing is built in accordance with the Fair Housing Act’s accessibility requirements so that it is accessible to and usable by people with disabilities, and, in particular, those who use wheelchairs.
Source: United States Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, The Fair Housing Act, July 25, 2008, page 4 California’s Fair Employment and Housing Act states that it is unlawful:
To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable. [Emphasis added] For purposes of identifying potential public sector impediments, an analysis was completed of the City’s zoning and building code policies and practices. The topics covered in the analysis were based on those described in HUD-LA’s Survey of Planning Policies and Practices, Zoning Regulations and Building Code Standards That May Pose an Impediment to Fair Housing Choice.
The Survey has a particular focus on land use and zoning regulations, practices and procedures that can act as barriers to the situating, development, or use of housing for individuals with disabilities. However, it also touches on areas that may affect fair housing choice for families with children or otherwise serve as impediments to full fair housing choice. In identifying impediments to fair housing choice, the survey looks to distinguish between regulatory impediments based on specific code provisions and practice impediments, which arise from practices or implementing policies used by the City.
17.b
Packet Pg. 574 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-13
The analysis was organized into five categories:
Housing for Disabled People
Housing for Special Needs Populations
Affordable Housing Policies
Accessible Housing and Parking
Other Fair Housing Policies
2. Summary
The completed analysis demonstrates that El Centro’s practices are consistent with fair housing laws and affirmatively further fair housing. A summary of the analysis is provided below.
Housing for Disabled People
1. Does the Zoning Ordinance definition of “family” have the effect of discriminating against unrelated individuals with disabilities who reside together in a congregate or group living arrangement?
The City’s zoning regulations explicitly state that ―residential care facilities and group homes for people with disabilities” fall within the meaning of a “family.” In addition, seven residential care facilities and group homes are located in El Centro.
2. Does the Zoning Ordinance definition of “dwelling unit” or “residential unit” have the effect of discriminating against unrelated individuals with disabilities who reside together in a congregate or group living arrangement?
The Zoning Ordinance definitions either explicitly or implicitly interpret the occupants of a dwelling or residence as a family. Therefore, the definitions of “dwelling” and “residence” do not discriminate against unrelated individuals with disabilities who reside together in a congregate or group living arrangement.
3. Does the Zoning Ordinance or any policy document define “disability”, if at all; at least as broadly as the Fair Housing Act?
The Reasonable Accommodation Procedure includes an updated definition of disability.
Consistent with the California fair housing law, the revised definition now states “limits” rather than “substantially limits,” which is the term used under Federal law.
4. Are the personal characteristics of the occupants of housing including, but not necessarily limited to, disability considered in land use decisions? Licensed residential care facilities providing housing for disabled persons are permitted in residential zones that permit single family homes. The Zoning Ordinance does not create an impediment to fair housing choice.
5. Does the Zoning Ordinance restrict housing opportunities for individuals with disabilities and mischaracterize such housing as “boarding or rooming house” or “hotel”? The City determined its boarding or rooming house regulations could be interpreted and applied in a manner that could limit housing opportunities for persons with disabilities. In
17.b
Packet Pg. 575 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-14
April 2013, the City removed the definition of “boarding, lodging or rooming house” from the Zoning Ordinance.
6. Do the Zoning Ordinance regulations impede the development of housing with on-site supportive services for disabled persons?
In April 2013, the City amended the Zoning Ordinance to clarify provisions for transitional and supportive housing consistent with SB 2 (enacted 2008). Transitional and supportive housing are allowed by-right in all residential zones and the City has not adopted any special or unique development standards, findings, or other criteria for either use.
7. Does the Zoning Ordinance allow any number of unrelated persons to reside together, but restrict such occupancy, if the residents are disabled? The Zoning Ordinance definition of a family does not mention the number of occupants or whether they are related or unrelated persons comprising a family. The zoning regulations also do not establish occupancy limits. Group homes and residential care facilities housing six or fewer persons are allowed by right in the single family zones.
The Zoning Ordinance was updated to describe how zoning treats group homes and residential care facilities housing seven or more persons. This update is consistent with federal and state fair housing laws.
8. Does the Zoning Ordinance require a public hearing to obtain public input for specific exceptions to zoning and land use rules for disabled applicants and is the hearing only for disabled applicants rather than for all applicants?
The Reasonable Accommodation Procedure does not require public hearings before the Planning Commission or City Council. Consequently, the reasonable accommodation procedure enables the City to streamline the process for disabled applicants to request exceptions from the Zoning Ordinance development standards.
9. Does the City have, either by ordinance or policy, a process by which persons with disabilities can request reasonable accommodations (modifications or exceptions) to adopted codes and to rules, policies, practices, or services, necessary to afford persons with disabilities an equal opportunity to use or enjoy a dwelling? On September 15, 2015, the City Council approved revisions to the Reasonable Accommodation Procedure. The revisions are consistent with the recommendations of the California Attorney General’s Office and the 2014-2019 AI. Additionally, the $428 Administrative Review application fee was eliminated. The revised procedure directs the Community Development Department to provide:
Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Community Development Department, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Community Development Department.
17.b
Packet Pg. 576 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-15
10. If the City supplies or manages housing, is there a clear policy to allow disabled persons residing in or seeking to reside in the housing to make or request reasonable physical modifications or to request reasonable accommodations? If „Yes‟, is the policy communicated to applicants or residents?
The City does not own or manage housing. The owners and property managers of apartment housing financially assisted by the City and the now dissolved Redevelopment Agency must abide by the federal and state laws requiring reasonable physical modifications and reasonable accommodations.
The Imperial Valley Housing Authority (IVHA) owns and manages housing and adheres to the federal and state requirements. The IVHA also requires the Section 8 landlords to meet the requirements for reasonable physical accommodations and reasonable modifications.
Housing for Special Needs Populations
11. Does the Zoning Ordinance or other planning policy document address housing for “special needs” populations?
The Zoning Ordinance accommodates the housing needs of special needs populations.
Additionally, the Consolidated Plan and 2013-2021 Housing Element establish policies to address the needs of special needs populations.
12. How does the Zoning Ordinance define “special group residential housing”? The Zoning Ordinance provides for special needs housing and contains specific definitions of a variety of special group housing types.
13. Does the Zoning Ordinance distinguish senior citizen housing from other single-family residential and multifamily residential uses by the application of a conditional use permit (CUP)?
The zoning regulations do not impede the development of senior housing. In fact, the density bonuses, concessions and incentives encourage housing specifically designed to meet the needs of El Centro’s seniors.
14. Does the Zoning Ordinance contain standards for senior housing? If „Yes‟, do the standards comply with federal law on housing for older persons (i.e., solely occupied by persons 62 years of age or older, or at least one person 55 years of age, or other qualified permanent resident pursuant to Civil Code Section 51.3)? Is the location of senior housing treated differently than other rental or for-sale housing? If „Yes‟, explain.
The Zoning Ordinance defines senior housing as follows:
Senior citizen apartment project. A residential development of thirty-five (35) dwelling units or more designed for permanent residency by qualifying residents in accordance with California Civil Code section 51.3. This definition pertains to the density bonus allowed for senior housing units allowed in accordance with the state density bonus provisions, and includes mobile home parks.
17.b
Packet Pg. 577 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-16
Senior Citizen Apartment Projects are conditionally permitted in the R-2 and R-3 Zones. Both these residential zones allow multiple family apartment dwellings and the R-3 Zone accommodates the development of condominium dwellings.
The Zoning Ordinance allows senior housing only in the context of a density bonus project.
Therefore, a literal interpretation of the zoning regulations means a senior housing development that does not seek a density bonus would be prohibited. Consequently, the Zoning Ordinance should be updated to more broadly define senior housing and to list the zones in which it would be a use permitted by right or conditionally permitted.
The Zoning Ordinance establishes a minimum of 35 housing units when a project is occupied by qualifying residents. However, Health and Safety Code Section 51.3 establishes no minimum project size if all the qualifying residents are 62 years of age or older. Therefore, the Zoning Ordinance should be updated to mirror the senior age thresholds provided by Section 51.3.
Affordable Housing Policies
15. Do the Zoning Ordinance or other development policy encourage or require the inclusion of housing units affordable to low- and/or moderate- income households („inclusionary housing‟)?
The City has not adopted an inclusionary housing ordinance. However, the Zoning Ordinance provides incentives for the production of affordable housing through the Density Bonus Program. In exchange for density bonus units, up to 35% of the housing units in a residential development may be affordable to low- and moderate-income households.
16. Does the City encourage or require affordable housing developments to give an admission preference to individuals already residing within the jurisdiction? If „Yes‟, is it a requirement? Admission preferences have not been established by the City either through an ordinance or policy. There are no impediments to fair housing choice.
Accessible Housing and Parking
17. Do the Zoning Ordinance and Building Code make a specific reference to the accessibility requirements contained in the 1988 amendments to the Fair Housing Act? Is there any provision for monitoring compliance?
The Zoning Ordinance does not make a specific reference to the accessibility requirements of the Fair Housing Act. Section 29-129 of the Zoning Ordinance mentions the ADA in connection with parking requirements.
The City enforces Title 24 of the California Code of Regulations that regulates the access and adaptability of buildings to accommodate people with disabilities. Compliance with provisions of the City’s Municipal Code, California Code of Regulations, California Building Standards Code, and federal Americans with Disabilities Act (ADA) is assessed and enforced by the Building & Safety Division of the Community Development as part of the building permit submittal.
The lack of a reference to the accessibility requirements of the Fair Housing Act, as amended in 1988, is not deemed to create an impediment to fair housing choice.
17.b
Packet Pg. 578 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-17
18. Do the Zoning Ordinance or Building Code contain any special provisions for making housing accessible to persons with disabilities?
The lack of Building Code special provisions for making housing accessible to persons with disabilities is not deemed an impediment to fair housing choice. The City’s enforcement of Title 24 ensures that the minimum accessibility requirements established by federal and state laws are satisfied in new residential construction projects. For purposes of affirmatively furthering fair housing:
The Community Development Department will explore the potential adoption of a Universal Design Ordinance.
In order to increase an understanding of accessibility requirements, the Economic Development Division will continue to post the following link on their respective web pages:
www.ada.gov/doj_hud_statement.pdf
The link is to the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity and U.S. Department of Justice, Civil Rights Division, Joint Statement on Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act, April 30, 2013
19. Describe the minimum standards and amenities required by the Zoning Ordinance for a multiple family project with respect to handicap parking? The American with Disabilities Act establishes standards for provision of parking spaces reserved for the physically handicapped. To affirmatively further fair housing for disabled persons, a city’s requirements should equal or exceed the minimum standards of Federal and State laws.
Section 29-129 of the Zoning Ordinance establishes the following standard:
Public accommodations or facilities, including commercial, office, manufacturing, civic, limited use, and multi-family dwellings of five (5) or more units, shall provide parking spaces for the physically handicapped in compliance with the Americans with Disabilities Act (ADA) Accessibility Guidelines.
Table 29.129.1 of the Zoning Ordinance establishes accessible parking requirements on a graduated scale. For example, if 76-100 parking spaces are required, four accessible spaces are required.
The City’s parking standards are consistent with those established by Federal and State regulations. There is no impediment to fair housing choice.
Other Fair Housing Policies
20. Does the Zoning Ordinance include a discussion of fair housing? The lack of a lack of a discussion of fair housing in the Zoning Ordinance is not considered to create an impediment to fair housing choice. The City promotes fair housing in numerous ways
17.b
Packet Pg. 579 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-18
including the implementation of a Fair Housing Action Plan and making available fair housing services through the local office of the Inland Fair Housing and Mediation Board.
21. Does the Zoning Code or Building Code establish occupancy standards or maximum occupancy limits that are more restrictive than state law, which incorporates the Uniform Housing Code (UHC)?
The City’s regulations do not impede housing opportunities as no occupancy standards have been established. The City follows the standards of the Uniform Housing Code. The Imperial Valley Housing Authority enforces the Section 8 occupancy standards.
22. Does the Zoning Ordinance allow for mixed uses? If „Yes‟, does the ordinance or other planning policy document consider the ability of mixed-use development to enhance housing affordability? Also, do development standards for mixed-uses take into consideration the challenges of providing housing accessible to persons with disabilities in such mixed uses? The Land Use Element, Housing Element and Zoning Ordinance encourage mixed-use development. The City’s mixed-use policies are neutral with respect to housing for disabled persons. Accessibility and other requirements are enforced by the Building & Safety Division of the Community Development Department as part of the building permit submittal.
23. Does the Zoning Ordinance describe any areas of El Centro as exclusive? The City does not identify any area of El Centro as exclusive. The City also does not limit the housing opportunities of any one population group. The General Plan emphasizes a diversity of housing and housing for all economic segments.
24. Do real estate property tax assessments adversely impact one or more of the protected groups?
In 1978, California voters passed Proposition 13, which substantially reduced property tax rates.
As a result, the maximum levy cannot exceed 1% of a property’s assessed value (plus bonded indebtedness and direct assessment taxes). This levy is applied to the City’s residential properties as it is to all other properties in Imperial County and the State. City practices do not affect real estate property tax assessments.
Tax policy affecting land and other property is governed by California state law. Property taxes are based on a property’s assessed value. Property tax bills show land and improvement values. Improvements include all assessable buildings and structures on the land. It does not necessarily mean recently “improved” property. State law mandates that all property is subject to taxation unless otherwise exempted. In general, properties that are owned and used by educational, charitable, religious or government organizations may be exempt from certain property taxes.
Housing for low-income households owned and operated by a qualifying nonprofit organization is eligible for exemption from property taxes. The eligibility is based on family household income and the following restrictions:
The property use is restricted to low-income housing by a regulatory agreement, recorded deed restriction, or other legal document;
17.b
Packet Pg. 580 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VI: Identification of Public Sector Impediments to Fair Housing Choice VI-19
The funds that would have been necessary to pay property taxes are used to maintain the affordability of the housing or to reduce the rents for the units occupied by lower income households; and
The property receives either state or federal low-income housing tax credits or government financing, or 90 percent or more of the tenants are qualified low-income tenants within the prescribed rent levels.
Therefore, El Centro’s affordable housing developments owned by nonprofit organizations are eligible for exemption from property taxes.
F. Assessment of Fair Housing
Governor Brown approved AB 686 on September 30, 2018. The housing law adds fair housing as one of the required programs that must be included in a housing element that is revised or approved after January 1, 2021. A housing element must now include an Assessment of Fair Housing that must include all the following components:
A summary of fair housing issues;
Assessment of the City’s fair housing enforcement and outreach capacity; Identification of: integration and segregation patterns and trends; racially or ethnically concentrated areas of poverty; disparities in access to opportunity; disproportionate housing needs; and displacement;
An assessment of factors that contribute to the preceding fair housing issues; Identification of fair housing priorities and goals;
Description of actions to implement the priorities and goals.
The Assessment of Fair Housing will be prepared by October 2021 which coincides with the next mandated update of housing elements for jurisdictions located in the Southern California Association of Governments (SCAG) Region.
17.b
Packet Pg. 581 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION VII
IDENTIFICATION OF
PRIVATE SECTOR IMPEDIMENTS
TO FAIR HOUSING CHOICE
17.b
Packet Pg. 582 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION VII-IDENTIFICATION OF PRIVATE SECTOR IMPEDIMENTS
TO FAIR HOUSING CHOICE
SECTION PAGE
A. INTRODUCTION VII-1
B. HOUSING DISCRIMINATION VII-1
1. Background - Prohibited Housing Discriminatory Practices VII-1
2. El Centro Housing Discrimination Complaints VII-2
3. Conclusions and Recommendations VII-3
C. BROKERAGE SERVICES VII-4
1. Background – Denial of Access to Real Estate Organizations VII-4
2. Real Estate Brokerage Services Industry VII-4
a. Size of the State’s Real Estate Brokerage Industry VII-4 b. Demographic Profile of the C.A.R. Membership VII-4
c. Rules and Regulations and Multiple Listing Service VII-5 d. Code of Ethics VII-6
3. Conclusions and Recommendations VII-6
D. STEERING VII-7
1. Background - Prohibited Steering Practices VII-7
2. Analysis of Steering VII-7
3. Conclusions and Recommendations VII-9
E. APPRAISAL PRACTICES VII-9
1. Background – Prohibited Appraisal Practices VII-9
2. Analysis of Appraisal Practices VII-9
3. Conclusions and Recommendations VII-10
F. MORTGAGE LENDING PRACTICES VII-9
1. Background - Fair Housing Act, Equal Credit Opportunity Act and Home Mortgage Disclosure Act VII-11
2. Analysis of 2017 Home Mortgage Disclosure Act Data VII-11 a. 2017 Conventional and FHA/VA Loan Volumes and Loan Dispositions VII-11
17.b
Packet Pg. 583 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION PAGE
b. Loan Denial Rates by Type of Financing VII-12
c. Loan Denial Rates by Census Tract VII-12
d. Loan Denial Rates by Race/Ethnicity VII-13
e. Loan Denial Rates by Income VII-13
3. Analysis of Residential Mortgage Lending Activity in 2016 VII-15
4. Conclusions and Recommendations VII-17
G. HOMEOWNER’S INSURANCE VII-18
1. Background - Discriminatory Homeowner’s Insurance Practices VII-18
2. Availability and Cost of Homeowners Insurance VII-19 a. Market Insurance Premiums VII-19
b. California FAIR Plan VII-20
c. Underserved Communities VII-20
3. Conclusions and Recommendations VII-21
H. BLOCKBUSTING/PANIC SELLING VII-21
1. Background - Inducing Sales by Misrepresentations VII-21
2. Analysis of Blockbusting/Panic Selling VII-21
3. Conclusions and Recommendations VII-22
I. PROPERTY MANAGEMENT PRACTICES VII-22
1. Background – Occupancy Limits, Reasonable Accommodations and Reasonable Modifications VII-22
a. Occupancy Limits VII-23
b. Reasonable Accommodations VII-24
c. Reasonable Modifications VII-25
2. Analysis of Property Management Practices VII-25
a. Occupancy Limits VII-25
b. Reasonable Accommodations VII-25
c. Reasonable Modifications VII-26
d. Accessible Apartment Units VII-26
e. Knowledge of Fair Housing Laws VII-26
3. Conclusions and Recommendations VII-26
17.b
Packet Pg. 584 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION PAGE
J. DISCRIMINATORY ADVERTISING VII-27
1. Background – Prohibitions against Preferences and Limitations VII-27
2. Analysis of Newspaper/Print and On-line Advertising VII-27
3. Conclusions and Recommendations VII-29
K. HATE CRIMES VII-29
1. Background – Hate Crimes at a Residential Location VII-29
2. Analysis of Hate Crime Data VII-30
3. Conclusions and Recommendations VII-30
L. POPULATION DIVERSITY - SEGREGATION/INTEGRATION VII-30
1. Meaning of Diversity – Segregation/Integration VII-30
2. Dissimilarity Index for the Region and City VII-31
3. Conclusions and Recommendations VII-31
M. LOCATION OF AFFORDABLE HOUSING VII-31
1. Background – Reducing and Avoiding a Perpetuation of Residential Segregation VII-32
2. Analysis of the Location of El Centro’s Affordable Housing VII-32 a. Section 8 Housing Choice Voucher Program VII-32
b. Affordable Housing VII-32
3. Conclusions and Recommendations VII-32
List of Tables
Table VII-1 City of El Centro Analysis of Impediments to Fair Housing Choice Page References for Discussion of Private Sector Fair Housing Impediments VII-1 Table VII-2 U.S. Department of Housing and Urban Development Types and Examples of Illegal Steering Practices VII-8
Table VII-3 City of El Centro FHA/VA/FSA and Conventional Loan Denial Rates by Census Tract: 2017 VII-12
Table VII-4 Imperial County FHA/VA/FSA and Conventional Loan Denial Rates by Ethnicity: 2017 VII-14
Table VII-5 Imperial County FHA/VA/FSA and Conventional Loan Denial Rates by Income: 2017 VII-15
Table VII-6 City of El Centro Renter Occupied Units by Units in Structure VII-22
17.b
Packet Pg. 585 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice)
SECTION PAGE
Table VII-7 City of El Centro Renter Occupied Units by Age of Householder VII-23 Table VII-8 City of El Centro Affordable Housing Inventory by Census Tract and Block Group: December 2018 VII-34
17.b
Packet Pg. 586 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-1
A. INTRODUCTION
Section VII discusses 12 private sector practices that can create impediments to fair housing choice. Table VII-1 lists the pages which discuss each prohibited practice and the actual or potential impediments to fair housing choice.
Table VII-1
City of El Centro
Analysis of Impediments to Fair Housing Choice
Page References for Discussion of Private Sector Fair Housing Impediments Fair Housing Impediment Page References
Housing Discrimination VII-1 to VII-4
Brokerage Services VII-4 to VII-6
Steering VII-7 to VII-9
Appraisal Practices VII-9 to VII-11
Mortgage Lending Practices VII-11 to VII-18
Homeowners Insurance VII-18 to VII-21
Blockbusting/Panic Selling VII-21 to VII-22
Property Management Practices VII-22 to VII-27
Discriminatory Advertising VII-27 to VII-29
Hate Crimes VII-29 to VII-30
Population Diversity VII-30 to VII-31
Location of Affordable Housing VII-31 to VII-34
The private sector impediments are defined as prohibited practices by the 1968 Federal Fair Housing Act, as amended, and the California Fair Employment and Housing Act. The format for presenting the information on each potential impediment includes:
Background – an explanation of why a specific practice is prohibited and how it creates an impediment to fair housing choice.
Analysis – a discussion of data, to the extent it is available, on the prohibited practice Conclusions and Recommendations – based on the available data, a brief explanation of whether an impediment to fair housing choice exists and, if appropriate, recommended actions that could be implemented by the Inland Fair Housing and Mediation Board, the City‘s fair housing provider, during the five-year period from FY 2019-2020 through FY 2023-2024.
B. HOUSING DISCRIMINATION
1. Background - Prohibited Housing Discriminatory Practices Sections 804 (a), (b), and (d) of the 1968 Fair Housing Act describes several prohibited housing discriminatory practices such as -
(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin. [Emphasis added]
17.b
Packet Pg. 587 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-2
(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin. [Emphasis added] (d) To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.
The California Fair Employment and Housing Act (FEHA) prohibits unlawful practices similar to those that are described in the 1968 Federal Fair Housing Act, as amended. The State law expands the description of prohibited practices to ―harassment,‖ and to ―harass, evict, or otherwise discriminate‖ for the purpose of ―retaliation‖ against a protected class. Moreover, the State law expands the protected classes to include sexual orientation, marital status, ancestry, age, and source of income.
2. El Centro Housing Discrimination Complaints
Housing discrimination complaint data was compiled by the Inland Fair Housing and Mediation Board (IFHMB) for the period from FY 2014-2015 through FY 2017-2018. During this four-year period, 32 housing discrimination complaint cases were filed with the IFHMB. The 32 cases were filed on the following basis:
Disability 19
Familial Status 4
National Origin 3
Race 3
Arbitrary 2
Religion 1
The San Francisco Regional Office of HUD provided the City with housing discrimination complaint data for calendar years 2000 through 2012. During the 13 year period, 10 cases were filed with HUD. The bases were as follows:
Disability 6
National Origin 4
Familial Status 3
Sex 3
Retaliation 1
The number of bases (17) exceeds the number of cases (10) because a case can have more than one basis.
HUD reported no housing discrimination for the period from 2013 to 2018.
Both the IFHMB and HUD data indicate that the most frequent bases for a housing discrimination complaint include disability, familial status, and national origin.
17.b
Packet Pg. 588 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-3
The alleged discriminatory acts involved in the 32 IFHMB cases included:
Reasonable Accommodations 12
Unequal Terms and Conditions 8
Intimidation/Coercion 5
Refusal to Rent 3
Other 4
The alleged discriminatory acts involved in the 10 HUD cases included:
Discrimination in terms/conditions/privileges relating to rental 7 Discriminatory refusal to rent 5
Failure to make reasonable accommodation 4
Discriminatory advertising, statements and notices 2
Discriminatory terms, conditions, privileges, or services and facilities 1 Discriminatory acts under Section 818 (coercion, etc.) 1 Both the IFHMB and HUD data indicate that the most frequent alleged discriminatory acts include unequal terms and conditions, reasonable accommodation/physical modification, and refusal to rent. These three reasons also are the most frequent alleged acts throughout the nation as compiled by HUD in FY 2017.
Discrimination in terms and conditions refers to actions that unlawfully subject individuals to different treatment, such as when a landlord makes repairs for white tenants but nor for minority tenants, when a landlord charges higher deposits to wheelchair users, or when a landlord imposes stricter rules on families with children.
A reasonable accommodation is when, for example, an apartment manager grants the request of a tenant with mobility impairment to have an assigned accessible parking space.
The refusal to rent means the apartment manager will not rent an available unit to an apartment seeker.
Source: US. Department of Housing and Urban Development, Annual Report on Fair Housing:
Fiscal Year 2017, page 23
During the period from 2001-2011, seven housing discrimination complaints were filed with the California Department of Fair Employment and Housing (DFEH). The seven complaints involved 17 bases and there was no predominant base such as disability or national origin. Since 2011 DEFH has not reported a housing discrimination complaint having been filed by an El Centro resident.
3. Conclusions and Recommendations
Housing discrimination is an impediment to fair housing choice. Based on past trends, 40 housing discrimination cases may be filed with the IFHMB during the five year period between FY 2019-2020 and FY 2023-2024. During the same period, it is estimated that five housing discrimination cases would be filed with HUD while two to five could be filed with the DFEH.
With respect to the fair housing impediment of housing discrimination, the following actions will be taken:
17.b
Packet Pg. 589 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-4
The City will continue to offer to its residents fair housing services which will include the processing of housing discrimination complaints and landlord/tenant counseling services. Sometimes a landlord/tenant issue has as its basis a housing discrimination concern.
Efforts will be made to increase community awareness of the IFHMB services through postings on the City‘s web pages, publication of newspaper display ads, and Community Newsletter articles. A greater community awareness of Inland may result in a higher number of families expressing their right to file a housing discrimination complaint.
C. BROKERAGE SERVICES
1. Background – Denial of Access to Real Estate Organizations Section 3606 of the 1968 Federal Fair Housing Act prohibits discrimination in the provision of brokerage services:
After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin. [Emphasis added]
2. Real Estate Brokerage Services Industry
a. Size of the State’s Real Estate Brokerage Industry
As of 2018, there were 419,279 licensees in the state, and of that total, 132,817 (32%) held brokers licenses and 286,462 (68%) held salesperson licenses. Also, in 2018, there are projected to be 205,600 members of the CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.), slightly less than half (48%) of the total licensee population. The discrepancy between the number of licensees and the number of REALTORS® is attributed to a variety of factors: no longer being active in the business, real estate attorneys, appraisers, home inspectors, mortgage loan officers, etc. It is estimated that the vast majority of the licensees who are active in the business are also members of organized real estate. b. Demographic Profile of the C.A.R. Membership
According to CAR data, the statistically ―average‖ REALTOR® is a Baby Boomer at 56.8 years old and 60% female has 17.6 years of experience, average production of five transactions, and works full-time approximately 36 hours per week. And, like the country, the real estate brokerage industry is undergoing a significant demographic shift as Boomer agents continue to work but eye retirement soon. At 57 years, California REALTORS® are 22 years older than the state‘s median age of 35 years. Twenty percent of the members said that they did not expect to still be in the business in 2021 with retirement by far the most frequently cited reason for leaving. So over the next few years, the old guard will be scaling back, and a new generation of agents and brokers will be taking the lead. One plus, according to C.A.R, is that real estate
17.b
Packet Pg. 590 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-5
continues to be an attractive career for newcomers — in 2018 C.A.R. welcomed 25,600 new members.
According to a membership profile, the race and ethnicity of California REALTORS is as follows:
White 77%
Asian/Pacific Islander 11%
Hispanic/Latino 9%
Black/African American 3%
Other 3%
American Indian/Eskimo/Aleut 1%
An overlap between the White and Hispanic/Latino groups results in the total exceeding 100%.
Source: California Association of REALTORS, 2013 Member Profile – California Report There are no comparable figures on the race and ethnicity of persons employed in the Imperial County real estate industry. Because of the demographic make-up of Imperial County, it is assumed that a much higher percentage of real estate employed persons identify with the Hispanic/Latino ethnicity group.
c. Rules and Regulations and Multiple Listing Service
Real estate brokers or salespersons whose business is located in El Centro belong to the Imperial County Association of REALTORS (ICAOR). The main office of ICAOR is located on Main Street in the City of El Centro. The ICAOR service area encompasses El Centro as well as all other cities and unincorporated areas located in Imperial County.
Like all associations, ICAOR has a Multiple Listing Service (MLS). The Rules and Regulations of the Multiple Listing Service define the MLS as follows:
A Multiple Listing Service is a means by which authorized MLS Broker participants establish legal relationships with other participants by making a blanket unilateral contractual offer of compensation and cooperation to other Broker participants; by which information is accumulated and disseminated to enable authorized participants to prepare appraisals, analyses and other valuations of real property for bonafide clients and customers; by which participants engaging in real estate appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information among the participants so that they may better serve their clients, customers, and the public. Entitlement to compensation is determined by the cooperating broker‘s performance as a procuring cause of the sale or lease.
Section 14 of the Rules and Regulations states that the Association or MLS Board of Directors may take disciplinary action and impose sanctions against any MLS participant and subscriber because of a violation of any MLS rule, violation of a provision of the California Real Estate Law or a Regulation of the Real Estate Commissioner or for any violation of the National Association of REALTORS (N.A.R.) Code of Ethics while a member of any Association of REALTORS®.
There are nine categories of ICAOR membership for REALTOR and/or MLS membership. The online membership application consists of 24 entries and/or questions none of which inquire about the race, color, religion, sex, handicap, familial status, or national origin of the applicant.
17.b
Packet Pg. 591 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-6
Question #22 asks if the applicant can certify that no court records exist that shows the applicant has violated civil rights laws with the last three years. If the applicant cannot so certify, then additional information is requested from the applicant. d. Code of Ethics
Article 10 of the ICAOR code of ethics requires that its members shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, or sexual orientation. Members also shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin or sexual orientation. Further, members shall not discriminate against any person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin, or sexual orientation.
3. Conclusions and Recommendations
Brokerage services as defined by the 1968 Federal Fair Housing Act pertain to having equal access to membership and participation in an association of REALTORS and the MLS. The ICAOR application process does not inquiry about the characteristics of the applicant other than license status and experience. Consequently, there are no overt actions to prevent membership by individuals who belong to one or more of the protected classes.
As no private sector impediment was found to exist, no recommendations are necessary concerning brokerage services. Moreover, the City has no authority to mandate revisions to ICAOR‘s application process for membership or its MLS, Bylaws, and Code of Ethics.
Although no impediments were found concerning brokerages services, the City will request that the Imperial County Association of REALTORS accomplish the following:
Revise the Resources tab on its web site to:
Add a Fair Housing Information button (e.g., include information on steering, link to the Inland Fair Housing and Mediation Board, etc.)
Add information to the current Insurance button such as the value of a C.L.U.E.
Report (Comprehensive Loss Underwriting Exchange) when purchasing a home Enlist the services of Inland to offer a 3-hour Fair Housing course. Every four years, when renewing their license, all brokers and sales persons are required to complete a course on fair housing. Currently, most renewals are accomplished through online courses.
17.b
Packet Pg. 592 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-7
D. STEERING
1. Background - Prohibited Steering Practices
According to HUD‘s FY 2017 Annual Fair Housing Report, steering is prohibited by Sections 804(a) and 804(f)(1) of the Federal 1968 Fair Housing Act:
…it shall be unlawful--
(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.
(f)(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of (A) that buyer or renter, (B) a person residing in that dwelling after it is sold, rented, or made available; or (C) any person associated with that person.
Examples of prohibited steering practices include:
A REALTOR deliberately guiding potential purchasers toward or away from certain neighborhoods because of membership in a protected class. A lender who deliberately guides loan applicants toward or away from certain types of loans because of membership in a protected class.
Limiting a renter's housing choices by guiding or encouraging the person to look elsewhere, based on a fair housing protected characteristic. This type of steering mostly affects apartment seekers as opposed in-place tenants.
Table VII-2 provides examples of illegal steering impacting apartment renters.
2. Analysis of Steering
HUD‘s 2017 Annual Fair Housing Report found that 1% of the complaints were based on the issue of steering. There is no comparable data compiled by the State DFEH and Inland.
However, Inland has added steering as a housing discrimination issue to their data base.
Three of the 32 (about 10%) housing discrimination complaints filed with the IFHMB alleged a ―refusal to rent‖ which HUD has cited as examples of steering. Five of the 20 (20%) alleged acts in the HUD cases involved a ―refusal to rent.‖
The steering of home buyers, however, probably happens infrequently because the internet enables home buyers to be more active in the search process and less reliant on REALTORS during the search process.
17.b
Packet Pg. 593 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-8
Table VII-2
U.S. Department of Housing and Urban Development
Types and Examples of Illegal Steering Practices
Type of Illegal Steering Examples of Illegal Steering
Discouraging You from
Renting at a Building
Rather than saying "We don't rent to black people" or "No families allowed," some landlords claim to have nondiscriminatory policies but indirectly try to encourage prospective tenants to look elsewhere based on discriminatory reasons. Of course, if the apartment seeker mentions a need to rent an apartment in a building that's close to public transportation, it's valid for a landlord to point out a building isn't located near public transportation and suggest apartment seeker to look elsewhere.
But if an apartment seeker starts to hear a landlord or broker make arguments for why a building shouldn‘t be considered when everything about it seems fine, the would be renter should be suspicious that they're trying to steer them away from the building for a discriminatory reason.
Discouraging Apartment
Seeker from Renting by
Exaggerating Drawbacks
or Failing to Inform the
Renter about Desirable
Features of the Rental or
Neighborhood
Instead of trying to show why the renter should be interested in their building, some landlords may stress the negatives, in the hope that it might discourage the apartment seeker.
Even less directly, a landlord may simply not bother pointing out the pros of living in the building or even in the neighborhood. For example, if a building has amenities such as a swimming pool, roof deck, or fitness center and the landlord or broker isn't mentioning them, that should be considered a red flag that the apartment seeker is being steered.
Indicating that Apartment
Seeker Wouldn't Be
Comfortable or
Compatible with other
Tenants
Another steering tactic could be summarized as "It's not the building, it's the tenants." Under this scenario, a landlord will try to discourage someone from renting at the building because he believes the apartment seeker wouldn't be a good fit with the other tenants. HUD advises if someone is in this situation, the landlord or broker should be pressed to explain why he/she thinks the renter would have problems with the tenants.
The reason could be valid. For example, the renter may have told a landlord or broker they are looking for peace and quiet and landlord might let the renter know that many tenants like to hold loud parties or that the walls are thin and several complaints have been about noise. But if a landlord says, "Well, I don't think the other tenants will like the fact you have kids," then the renter knows this is illegal steering, in this case based on familial status.
Trying to Assign
Apartment Seeker to a
Certain Floor or Section of
the Building
This type of steering practice is about segregation. In this scenario, a landlord doesn't mind renting to certain types of people -- as long as those people rent apartments in a certain part of the building. Although this is a less obvious form of discrimination, this type of steering practice often leads to flat-out discrimination.
17.b
Packet Pg. 594 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-9
An example is a landlord who tries to put tenants with disabilities in a certain area of a complex, in an attempt to minimize their visibility to other tenants and their guests. Another example is if the renter is a woman with two children and there are no more vacancies available in the "kids‘ part" of a building, it means the landlord must (under a discriminatory policy) turn the renter away on account of familial status -- even though there may be vacancies in the building.
According to the California Association of REALTORS 2015 Home Buyer Survey:
Virtually all home buyers use the internet in the home buying process and seven out of 10 access the internet on their phones. Buyers use their smartphones to look for comparable house prices, search for properties, take photos and create videos of homes and amenities, research communities and real estate agents.
While the majority of buyers (61 percent) found their home through an agent, the percentage who found their home online more than doubled from 16 percent in 2012 to a record high 37 percent in 2013. Furthermore, they are taking their time investigating homes and neighborhoods before contacting an agent, spending a little over seven months on this compared to about 1.5 months last year. [Emphasis added]
3. Conclusions and Recommendations
Steering may adversely impact homebuyers in their search process and when they apply for a loan. Steering also may adversely impact in-place renters and rental apartment seekers.
Corrective actions have been taken by the Federal and State governments regarding loan steering so that abuse may not happen in the future as frequently as it occurred in the early to mid-2000s. However, the steering of apartment seekers is likely to continue, although it is not possible to measure its frequency.
It is not known with certainty if steering is an impediment to fair housing choice in El Centro.
However, HUD statistics shows it is not a major issue (1% of complaints are caused by acts of steering). However, during the five-year period from FY 2019-2020 through FY 2023-2024, the City‘s fair housing provider – Inland Fair Housing & Mediation Board – will:
Offer as part of its home buyer counseling services examples of how to detect ―steering‖ during the home search process and how to detect ―loan steering.‖ Provide information to renters attending workshops on how to detect steering behavior by resident property managers.
Continue to include ―steering‖ as a category of alleged housing discriminatory acts.
E. APPRAISAL PRACTICES
1. Background – Prohibited Appraisal Practices
The 1968 Federal Fair Housing Act, as amended, makes it unlawful to discriminate against a protected class in appraising property. An appraisal is a written assessment of market value and is used by mortgage underwriters to determine whether there is sufficient collateral to lend money to a homebuyer. Unlawful discriminatory appraisal practices, for example, may include:
17.b
Packet Pg. 595 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-10
Taking into account the race and ethnic make-up of a neighborhood Taking into the account the race and ethnicity of the seller and/or buyer
2. Analysis of Appraisal Practices
According to Home Mortgage Disclosure Act (HMDA) data almost 600 homes in El Centro were purchased in 2017 through FHA and conventional financing. Therefore, these homebuyers had an opportunity to review an appraisal. C.A.R.‘s most recent analysis of California homebuyers indicates that 77% of them did an appraisal. Presumably, ―all-cash‖ buyers represent the majority of those homebuyers who did not order an appraisal.
The Uniform Residential Appraisal Report is a six page form used by appraisers to determine the value of a home. In bold letters, the form states:
Note: Race and the racial composition of the neighborhood are not appraisal factors.
At the end of the report, there are ―appraiser‘s certifications‖ which include certification #17:
I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law.
Contained in the Standards section is Standard Rule 6-3 which deals with neighborhood trends when appraising a property and encourages appraisers to avoid stereotyped or biased assumptions relating to race, age, color, gender, or national origin or an assumption that race, ethnic, or religious homogeneity is necessary to maximize value in a neighborhood. [Emphasis added]
Under both federal law (the Equal Credit Opportunity Act of 1976 and its implementing regulations) and California law (Business & Professions Code Section 11423), a lender is generally obligated to inform a credit applicant of the right to receive a copy of the appraisal used in connection with an application, and to honor the applicant's written request for a copy of the appraisal report.
The California Association of REALTORS (C.A.R.) explains that one of the reasons a buyer should obtain an appraisal is –
To make sure the lender has not engaged in any discriminatory practices.
Consequently, a homebuyer/borrower is entitled to a copy of the appraisal. But a homebuyer and borrower during the purchase process has a bewildering array of documents to review and sign. Additionally, given an appraisal to review, they may not have the knowledge to review an appraisal report to determine if, for example, race or ethnicity were considered in making the appraisal.
3. Conclusions and Recommendations
Complaints regarding discriminatory appraisal practices are not routinely collected by local, State or Federal agencies. Would-be homebuyers are in the best position to detect potentially
17.b
Packet Pg. 596 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-11
discriminatory practices. However, it is unknown if the lack of consumer knowledge of the scope and meaning of appraisal reports is an impediment to fair housing choice in El Centro.
The following action will be taken:
Inland will continue to offer homebuyer counseling services in order to 1) inform borrowers of their right to request the appraisal report and 2) provide information on the contents of the report and how to detect possible discriminatory practices.
F. MORTGAGE LENDING PRACTICES
1. Background - Fair Housing Act, Equal Credit Opportunity Act and Home Mortgage Disclosure Act
Equal access to credit so that borrowers can purchase a home is a fundamental goal of fair housing. Section 805 of the 1968 Federal Fair Housing Act, as amended, and the Equal Credit Opportunity Act of 1976 prohibit the denial of access to credit because of a loan applicant‘s race, color, religion, sex, handicap, familial status, or national origin.
The Home Mortgage Disclosure Act (HMDA) was enacted by Congress in 1975 and was implemented by the Federal Reserve Board's Regulation C. On July 21, 2011, the rule-writing authority of Regulation C was transferred to the Consumer Financial Protection Bureau (CFPB).
There are three major purposes for the creation of HMDA:
HMDA was enacted to help members of the public determine whether financial institutions are serving the housing needs of their local communities and treating borrowers and loan applicants fairly, to provide information that could facilitate the efforts of public entities to distribute funds to local communities for the purpose of attracting private investment, and to help households decide where they may want to deposit their savings.
Source: Board of Governors of the Federal Reserve System, Residential Mortgage Lending in 2016: Evidence from the Home Mortgage Disclosure Act Data, November 2017, Vol. 103, No.6, page 1 [prepared by Neil Bhutta and Glenn B. Canner of the Division of Research and Statistics]
2. Analysis of 2017 Home Mortgage Disclosure Act Data
a. 2017 Conventional and FHA/VA/FSA Loan Volumes and Loan Dispositions According to Table VII-3, the 2017 HMDA data reported a total of 332 conventional and 343 FHA/VA/FSA loan applications to purchase homes located in El Centro:
FHA/VA/FSA Loans 343 50.8%
Conventional Loans 332 49.2%
Total 675 100.0%
FHA loan applications represent a much smaller market share (50.8%) in 2017 compared to 2012 (82.5%).
17.b
Packet Pg. 597 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-12
A conventional loan is secured by investors, but neither insured by the FHA nor guaranteed by VA. Both fixed rate and adjustable rate loans are available with conventional financing.
The final disposition of the 675 loan applications was as follows:
Approved 592 87.7%
Denied 83 12.3%
Total 675 100.0%
Approved loans include loans originated and loan applications approved by the lender but not accepted by the borrower.
In both 2012 and 2017 approximately 12% of the loan applications were denied. The loan denial rate for all loan applications to purchase homes in Imperial County was 11.6%. b. Loan Denial Rates by Type of Financing
In El Centro 11.1% of FHA loans and 13.6% of conventional loan applications were denied.
For all of Imperial County, 11.0% of FHA loans and 12.3% of conventional loan applications were denied.
By comparison, in 2012, 10.8% of the FHA loan applications in El Centro were denied, which was lower than Imperial County denial rate of 12.6%.
In 2012, 15.0% of the conventional loan applications in El Centro were denied, which was lower than Imperial County denial rate of 20.1%.
c. Loan Denial Rates by Census Tract
Three census tracts have unusually high denial rates that exceed 20% or more: 112.02, 115.00 and 116.00. There were few loans applications to buy a home located in census tract 112.02 (11) and census tract116.00 (66). HUD is concerned when high denial rates may be caused because of the race, color or national origin characteristics of the census tract/neighborhood.
However, Hispanics comprise 80% (1,099/1,369) of all loan applicants in Imperial County.
Loan application activity in census tract 112.02 and other census tracts should be monitored annually to detect trends in loan denial rates and the possible causes for unusually high loan denial rates. This could involve working with the lenders who have denied loans in order to gather information that could assist would be homebuyers to increase the probability of garnering loan approval.
17.b
Packet Pg. 598 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-13
Table VII-3
City of El Centro
FHA/VA/FSA and Conventional Loan Denial Rates by Census Tract: 2017 FHA/VA/FSA Loans Conventional Loans All Loans
Census
Tract
Total
Apps.
Number
Denied
Percent
Denied
Total
Apps.
Number
Denied
Percent
Denied
Total
Apps.
Number
Denied
Percent
Denied
112.01 114 8 7.0% 65 6 9.2% 179 14 7.8%
112.02 2 0 0.0% 9 5 55.6% 11 5 45.5%
113.00 45 3 6.7% 22 4 18.2% 67 7 10.4%
114.00 16 2 12.5% 17 2 11.8% 33 4 12.1%
115.00 13 3 23.1% 10 2 20.0% 23 5 21.7%
116.00 31 5 16.1% 35 9 25.7% 66 14 21.2%
117.00 32 4 12.5% 36 4 11.1% 68 8 11.8%
118.01 20 3 15.0% 56 6 10.7% 76 9 11.8%
118.02 30 3 10.0% 27 1 3.7% 57 4 7.0%
118.03 40 7 17.5% 55 6 10.9% 95 13 13.7%
Total 343 38 11.1% 332 45 13.6% 675 83 12.3%
Source: Federal Financial Institutions Examination Council (FFIEC), Home Mortgage Disclosure Act (HMDA), Loan Application Register System (LARS) 2017
Table construction by Castañeda & Associates
d. Loan Denial Rates by Race/Ethnicity
As noted Hispanics comprise 80% of all loan applicants. Table VII-4 shows that 11.3% of loan applications submitted by Hispanics are denied. This loan denial rate is less than that of all loan applicants but slightly higher than that of the not Hispanic or Latino borrowers. The highest loan denial rate of 23.5% is experienced by those loan applicants for which race or ethnicity is not known.
e. Loan Denial Rates by Income
Table VII-5 shows denial rate by income group. Generally speaking, the higher income groups have a lower percentage of their loan applications denied compared to lower income groups.
This finding essentially confirms conventional thinking on this factor. The very low income loan applicants (<50% median income) have a denial rate that exceeds 50%. However, very few applications were submitted to lenders by this income group.
17.b
Packet Pg. 599 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-14
Table VII-4
Imperial County
FHA/VA/FSA and Conventional Loan Denial Rates by Ethnicity: 2017 Ethnicity
Loans
Originated
Apps.
Approved
But Not
Accepted
Applications
Denied
Percent
Denied
FHA, FSA/RHS and VA
Hispanic or Latino 655 48 80 10.2%
Not Hispanic or Latino 65 5 12 14.6%
Joint (Hispanic or Latino/Not Hispanic or Latino) 23 2 4 13.8% Ethnicity Not Available 17 0 5 22.7%
Total 760 55 101 11.0%
Conventional
Hispanic or Latino 444 35 70 12.8%
Not Hispanic or Latino 117 7 11 8.1%
Joint (Hispanic or Latino/Not Hispanic or Latino) 28 1 4 12.1% Ethnicity Not Available 20 2 7 24.1%
Total 609 45 92 12.3%
All Loans
Hispanic or Latino 1,099 83 150 11.3%
Not Hispanic or Latino 182 12 23 10.6%
Joint (Hispanic or Latino/Not Hispanic or Latino) 51 3 8 12.9% Ethnicity Not Available 37 2 12 23.5%
Total 1,369 100 193 11.6%
Source: Source: Federal Financial Institutions Examination Council (FFIEC), Home Mortgage Disclosure Act (HMDA), Loan Application Register System (LARS) 2017
Table construction by Castañeda & Associates
17.b
Packet Pg. 600 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-15
Table VII-5
Imperial County
FHA/VA/FSA and Conventional Loan Denial Rates by Income: 2017 Income
Loans
Originated
Apps.
Approved
But Not
Accepted
Applications
Denied
Percent
Denied
FHA, FSA/RHS and VA
Less than 50% of MSA/MD median 1 0 3 75.0%
50-79% of MSA/MD median 61 11 14 16.3%
80-99% of MSA/MD median 88 8 19 16.5%
100-119% of MSA/MD median 92 3 8 7.8%
120% or more of MSA/MD median 518 33 57 9.4%
Income Not Available 0 0 0 0.0%
Total 760 55 101 11.0%
Conventional
Less than 50% of MSA/MD median 4 1 5 50.0%
50-79% of MSA/MD median 57 4 9 12.9%
80-99% of MSA/MD median 59 2 8 11.6%
100-119% of MSA/MD median 66 8 14 15.9%
120% or more of MSA/MD median 423 30 56 11.0%
Income Not Available 0 0 0 0.0%
Total 609 45 92 12.3%
All Loans
Less than 50% of MSA/MD median 5 1 8 57.1%
50-79% of MSA/MD median 118 15 23 14.7%
80-99% of MSA/MD median 147 10 27 14.7%
100-119% of MSA/MD median 158 11 22 11.5%
120% or more of MSA/MD median 941 63 113 10.1%
Income Not Available 0 0 0 0.0%
Total 1,369 100 193 11.6%
Source: Source: Federal Financial Institutions Examination Council (FFIEC), Home Mortgage Disclosure Act (HMDA), Loan Application Register System (LARS) 2017
Table construction by Castañeda & Associates
3. Analysis of Residential Mortgage Lending Activity in 2016 A more complete understanding of El Centro‘s loan activity can be gained by examining the national home mortgage lending activity. The information quoted below is from a report prepared by the Board of Governors of the Federal Reserve System. It explains that:
In 2016, the overall denial rate on applications for home-purchase loans was 11.4 percent, somewhat lower than in 2015. The decrease in 2016 continues a trend of declining denial rates for home-purchase mortgages over the past decade. In addition, denial rates have exhibited significant variation, and changes in denial rates have differed by type of loan. For example, for conventional home-purchase loan applications, the denial rate of 10.2 percent in 2016 was 8.3 percentage points lower than in 2006, while for nonconventional home-purchase loan applications, the denial rate of 13.4
17.b
Packet Pg. 601 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-16
percent in 2016 was 1.3 percentage points higher than in 2006. Variations in raw denial rates over time reflect not only changes in credit standards, but also changes in the demand for credit and in the composition of borrowers applying for mortgages. For example, the denial rate on applications for conventional home-purchase loans was lower in 2016 than during the housing boom years, even though most measures of credit availability suggest that credit standards are tighter today. This result may stem from a relatively large drop in applications from riskier applicants.
As in past years, black, Hispanic white, and ―other minority‖ borrowers had notably higher denial rates in 2016 than non-Hispanic white borrowers, while denial rates for Asian borrowers were more similar to those for non-Hispanic white borrowers. For example, the denial rates for conventional home-purchase loans were about 22 percent for black borrowers, 15 percent for Hispanic white borrowers, 11 percent for Asian borrowers, 17 percent for other minority borrowers, and 8 percent for non-Hispanic white borrowers.
Previous research and experience gained in the fair lending enforcement process show that differences in denial rates and in the incidence of higher-priced lending … among racial or ethnic groups stem, at least in part, from factors related to credit risk that are not available in the HMDA data, such as credit history (including credit score), ratio of total debt service payments to income (DTI), and LTV ratio. Differential costs of loan origination and the local competitive environment, as well as illegal discrimination, may also bear on the differences in pricing.
Despite these limitations, the HMDA data play an important role in fair lending enforcement. The data are regularly used by bank examiners to facilitate the fair lending examination and enforcement processes. When examiners for the federal banking agencies evaluate an institution‘s fair lending risk, they analyze HMDA price data and loan application outcomes in conjunction with other information and risk factors that can be drawn directly from loan files or electronic records maintained by lenders, as directed by the Interagency Fair Lending Examination Procedures. The availability of broader information allows the examiners to draw stronger conclusions about institution compliance with the fair lending laws.
Lenders can, but are not required to, report up to three reasons for denying a mortgage application, selecting from nine potential denial reasons. Among denied first-lien applications for one- to four-family, owner-occupied, site-built properties in 2016, about 72 percent of denied home-purchase applications and about 46 percent of denied refinance applications had at least one reported denial reason. The two most frequently cited denial reasons for both home-purchase and refinance loans were the applicant‘s credit history and DTI ratio. For both home-purchase and refinance applications, the DTI ratio and collateral are more likely to be cited as denial reasons on conventional than nonconventional applications.
Denial reasons vary across racial and ethnic groups to some degree. For example, among denied home-purchase loan applications in 2016, credit history was cited as a denial reason for about 24 percent of denied black applicants, 17 percent of denied Hispanic white applicants, 18 percent of denied non-Hispanic white applicants, and just 11 percent of denied Asian applicants. The DTI ratio was cited most often as a denial reason for home purchase applicants in all racial and ethnic groups. For Asian home17.b Packet Pg. 602 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-17
purchase applicants, collateral was the second most common reason cited for denial, while for other groups, credit history was the second most common reason cited.
Source: Board of Governors of the Federal Reserve System, Residential Mortgage Lending in 2016: Evidence from the Home Mortgage Disclosure Act Data, November 2017, Vol. 103, No.6, pages 14-15 [prepared by Neil Bhutta and Glenn B. Canner of the Division of Research and Statistics]
4. Conclusions and Recommendations
The 2017 HMDA data provide a snapshot of disparities in loan denial rates by race, ethnicity, income and census tract. Although the disparities do not support definitive conclusions regarding discrimination on the bases of race or ethnicity, they are a useful screen, as observed by the Federal Reserve Board, to identify disparities in loan approval rates by the race and ethnicity of applicants and in neighborhoods where differences in denial rates warrant further investigation.
The Mortgage Bankers Association has stated:
…lenders should not lose sight of the importance of analyzing denial disparities — the difference in the rates at which minority customers are declined, compared with White customers. For example, a lender whose Black declination rate is 40% and whose White declination rate is 10% would have a denial disparity ratio of 4 to 1. And while there is no ―safe harbor,‖ regulators have historically focused their investigative efforts on lenders whose denial disparity ratios have exceeded 2 to 1.
Source: Mortgage Bankers Association, MBA Handbook Series, Handbook 2008-01:
Fair Lending and Home Mortgage Disclosure Act Guide, page 27.
The City‘s goal is to improve the loan approval rates of all racial and ethnic populations that want to buy a home located in El Centro. To improve even further the loan approval rates, borrowers can be helped to understand the loan approval process before they submit a loan application.
The number one known reason why borrowers are denied approval of a loan application is an excessive debt-to-income ratio. Many of these borrowers should not be making loan applications until after they have their debts under control. Loan denial rates can be reduced by providing all homebuyers, but especially first time homebuyers, with information of the loan application and approval process.
To address possible impediments, the Inland Fair Housing and Mediation Board will:
Continue to offer first-time home buyer seminars to explain to borrowers the need to lower debt-to-income ratios to a level acceptable to lenders. Implementation of this recommended action should result in better prepared borrowers and cause an increase in loan approval rates of all loan applicants, regardless of race or ethnicity. Work with the lenders to determine why a few census tracts have high loan denial rates in order to gather information that could assist would be homebuyers to increase the probability of garnering loan approval for homes in neighborhoods of their choice.
17.b
Packet Pg. 603 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-18
In addition, AB 686 (approved by Governor Brown on September 30, 2018) requires all cities and counties to prepare an Assessment of Fair Housing (AFH) as part of its Housing Element Update which is due for adoption no later than October 2021. During the preparation of the AFH, the City will:
Conduct a multi-year analysis of loan denial rates to determine with more preciseness the degree to which lending discrimination exists in El Centro.
G. HOMEOWNER’S INSURANCE
1. Background - Discriminatory Homeowner’s Insurance Practices Studies have demonstrated that the federal Fair Housing Act (FHA) should be interpreted to include homeowner‘s insurance. One recent study explained:
The language of the FHA should be interpreted to include homeowners insurance.
Although insurance is not explicitly mentioned in the Act, the broad language of both § 3604 and § 3605 logically covers insurance.
Under § 3604(a), it is unlawful to do anything that makes a dwelling ―unavailable.‖ Because insurance is required in order to qualify for a mortgage, and since most people need a mortgage in order to buy a home, discrimination in underwriting decisions or in insurance pricing can make a dwelling unavailable, in contravention of § 3604.
Although it could be argued that ―otherwise make unavailable or deny‖ should only apply to activities similar to the refusal to sell or rent a home, not to all activities that make housing unavailable, this reading is inconsistent with other § 3604 jurisprudence. The Supreme Court has found that the FHA should be read broadly. Courts have readily applied § 3604 to a number of activities beyond the actual sale or rental transaction, such as zoning, the construction of low-income housing, and the provision of Section 8 housing vouchers.
Most courts have agreed that insurance, like zoning, is covered by § 3604.
Source: Dana L. Kaersvang, ―The Fair Housing Act and Disparate Impact in Homeowner‘s Insurance,‖ Michigan Law Review, Vol. 104:1993, August 2006, page 1998
Insurance companies, for the most part, do not agree that the Fair Housing Act can be interpreted to apply to insurance because of the McCarran-Ferguson Act:
The McCarran-Ferguson Act provides that federal law does not preempt state insurance law unless the federal law ‗specifically relates to insurance.‘ Federal law not specifically relating to insurance should not be interpreted to ‗invalidate, impair, or supersede‘ state insurance law. Some argue that, under the McCarran-Ferguson, the FHA cannot be applied to insurance because it does not explicitly mention insurance and would preempt States‘ determinations of appropriate insurance discrimination regulations.
17.b
Packet Pg. 604 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-19
Source: Dana L. Kaersvang, ―The Fair Housing Act and Disparate Impact in Homeowner‘s Insurance,‖ Michigan Law Review, Vol. 104:1993, August 2006, page 2005
HUD‘s final rule on the Implementation of the Fair Housing Act’s Discriminatory Effects Standard stated that a -
‗Discriminatory effect‘ occurs where a facially neutral housing practice actually or predictably results in a discriminatory effect on a group of persons (that is, disparate impact), or on the community as a whole (perpetuation of segregation).
Examples of a housing policy or practice that may have a disparate impact on a class of persons delineated by characteristics protected by the Act include … the provision and pricing of homeowner‘s insurance….
2. Availability and Cost of Homeowners Insurance
According to the California Department of Insurance, ―homeowner Insurance‖ means - An elective combination of coverages for the risks of owning a home. Can include losses due to fire, burglary, vandalism, earthquake, and other perils.
According to the National Fair Housing Alliance:
In 2017, 23 complaints of homeowner‘s insurance-related discrimination were reported by private fair housing organizations, representing less than 1 percent of all cases. This represents a slight increase from the number reported in 2016 (19 complaints).
Source: National Fair Housing Alliance, Making Every Neighborhood A Place of Opportunity:
2018 Fair Housing Trends Report, page 54
a. Market Insurance Premiums
C.A.R. points out –
Given the increased difficulty of obtaining affordable homeowners' insurance in recent years, buyers should obtain quotes as early as possible in the home buying process. In the process of obtaining insurance, the insurance agent or underwriter will most likely be checking the insurance database, as a matter of course, without charge. Buyers should seek insurance quotes during the inspection period so that there will be clear understanding of the cost of the insurance early in the transaction, and so that buyers will have an opportunity to evaluate this fact during the inspection period.
The effect of not being able to obtain homeowners insurance will be felt mostly by minority buyers as they comprise the vast majority of the people who purchase a home in El Centro. It is important to expand the topics covered by homebuyer counseling to include the importance of obtaining CLUE reports from the sellers. Without this information, there is the potential that minority home buyers may be unable to obtain insurance not because of their claims history but that of the home they want to purchase.
The Californian Department of Insurance Homeowner‘s Insurance Comparison Tool was analyzed to determine the cost and availability of homeowner‘s insurance in the private market.
17.b
Packet Pg. 605 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-20
The tool was used for an El Centro home aged 16-25 years with $200,000 worth of coverage.
The tool revealed the availability of 45 insurance companies with premiums ($1,000 deductible) ranging from to an extremely low premium of $347 to a high of $2,315. Therefore, a homeowner buying a home in El Centro has numerous choices but is well-advised to shop for the best premium by using the Comparison Tool or obtaining quotes from three or more companies. b. California FAIR Plan
If homeowners insurance becomes unavailable, California provides for insurance as a last resort. The California Fair Access to Insurance Requirements ("FAIR") Plan was created by state legislation in July 1968 following the 1960's brush fires and riots. It is an insurance pool established to assure the availability of basic property insurance to people who own insurable property in California and who, beyond their control, have been unable to obtain insurance in the voluntary insurance market.
The FAIR Plan is a private association based in Los Angeles comprised of all insurers licensed to write property insurance in California. All insurers conducting property business in California must be a member of the Association. FAIR Plan profits and losses are shared by its members in direct proportion to their market share of property insurance written in California. There is no public funding, or taxpayers‘ monies involved. The FAIR Plan is not a state agency.
As noted above, The FAIR Plan issues insurance as a last resort, and should be used only after a diligent effort to obtain coverage in the voluntary market has been made. The FAIR Plan offers limited coverage at higher premiums than available in the voluntary insurance market.
The perils insured against include fire, lighting and internal explosion but do not include, for instance, overflow of water or theft and the dwelling replacement cost is optional. c. Underserved Communities
The California Department of Insurance (DOI), Statistical Analysis Division annually prepares a Commissioner’s Report on Underserved Communities. The Community Service Statement, under California Code of Regulations (CCR) Section 2646.6, has the purpose of addressing the issue of availability and affordability of insurance in ―underserved‖ communities and of promoting anti-discrimination so that all have equal access to insurance coverage in California.
Communities that are considered ―underserved‖ are with no or little insurance protection, according to the Department of Insurance. Absence of or inadequate insurance protection can be detrimental to people‘s lives. To ensure that all individuals and families, as well as businesses or organizations get the insurance protection they need against the adverse financial consequences of losses, is one of the goals of California Department of Insurance.
The Community Service Statement regulations require the DOI to collect and analyze data from home, personal auto, commercial multiple peril and commercial fire insurers in California, for all zip codes and report on those that are considered as ―underserved‖. The DOI identified 145 ―underserved‖ zip codes in California. None of El Centro‘s zip codes are identified as ―underserved.‖ The four ―underserved‖ communities located in Imperial County are Calexico (Zip Code 92231); Heber (92249); Ocotillo (92259); and Seeley (92273).
17.b
Packet Pg. 606 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-21
3. Conclusions and Recommendations
Evidence is unavailable on whether homebuyers in escrow who are seeking homeowner‘s insurance are discriminated against because of their race, color, disability or other protected characteristics. However, without adequate knowledge would be homebuyers could pay more than they need to for appropriate insurance coverage. The lack of consumer awareness of the nature of homeowners insurance may impede fair housing choice. The following actions will continue to be taken:
Inland will continue to explain ―homeowners insurance‖ and ―CLUE Reports‖ during its homebuyer counseling services.
Inland will continue to provide educational services to home buyers/borrowers so they understand the impact of CLUE Reports and can compare homeowner‘s premium rates.
H. BLOCKBUSTING/PANIC SELLING
1. Background - Inducing Sales by Misrepresentations
The Federal Fair Housing Act of 1968, as amended, declared it an illegal practice:
…for profit, to induce or attempt to induce sales and rentals by representations regarding the entry or prospective entry into the neighborhood of [a] person or persons of a particular race, color, religion, etc.
Section 10177(l)(1) of the California Business and Professions Code states that the Real Estate Commissioner may revoke or suspend the license of a real estate licensee if he/she has done the following:
Solicited or induced the sale, lease, or listing for sale or lease of residential property on the ground, wholly or in part, of loss of value, increase in crime, or decline of the quality of the schools due to the present or prospective entry into the neighborhood of a person or persons having a characteristic …. protected by fair housing laws (e.g., race, color, national origin, etc.).
The Realtors® Standard of Practice 10-1 states:
When involved in the sale or lease of a residence, Realtors® shall not volunteer information regarding the racial, religious or ethnic composition of any neighborhood nor shall they engage in any activity which may result in panic selling, however, Realtors® may provide other demographic information. (Adopted 1/94, Amended 1/06)
2. Analysis of Blockbusting/Panic Selling
HUD and Fair Housing Assistance Program (FHAP) agencies record annually discriminatory practices in categories called ―issues.‖ Blockbusting is issue identified in 0.1% of all issues named by complainants.
Data on housing discrimination complaints based on claims of blockbusting and/or panic selling are not routinely collected by HUD, DFEH, Inland or the City. The California Department of Real
17.b
Packet Pg. 607 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-22
Estate website was researched to obtain data on violations of Business and Professions Code 10177(l)(1). The DRE reported that violations cannot be filtered by this code. The DRE has indicated that there has been ―no disciplinary action against a real estate licensee because of violation of 10177(l)(1).‖
3. Conclusions and Recommendations
There is no evidence to indicate that blockbusting/panic selling has occurred in El Centro in recent years. Consequently, there are no actions recommended for future implementation.
I. PROPERTY MANAGEMENT PRACTICES
1. Background – Occupancy Limits, Reasonable Accommodations and Reasonable Modifications
Property management policies and practices are of keen importance to El Centro residents. The vast majority of the 6,200 renter households reside in apartment communities. Table VII-6 shows that the majority of renters - approximately 3,800 - live in apartments. Table VI-7 shows that El Centro renters are predominantly younger (<35 years of age) or older (>75 years of age).
Table VII-6
City of El Centro
Renter Occupied Units by Units in Structure
Units in Structure
Number
of Units Percent
1, Detached 2,126 34.3%
1, Attached 254 4.1%
2 Apartments 285 4.6%
3 or 4 Apartments 1,010 16.3%
5 to 9 Apartments 1,072 17.3%
10 or More Apartments 1,239 20.0%
Mobile Home or Other 211 3.4%
Total 6,197 100.0%
Source: American FactFinder, American Community
Survey 2012-2016 5-Years Estimates Table S2504
Physical Characteristics for Occupied Housing Units.
Table construction by Castañeda & Associates
17.b
Packet Pg. 608 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-23
Table VII-7
City of El Centro
Renter Occupied Units by Age of Householder
Age of Householder Number Percent
Under 35 Years 3,538 57.1%
35 to 44 Years 180 2.9%
45 to 54 Years 62 1.0%
55 to 64 Years 223 3.6%
65 to 74 Years 12 0.2%
75 to 84 Years 1,760 28.4%
85 Years and Over 421 6.8%
Total 6,197 100.0%
Source: American FactFinder, American
Community Survey 2012-2016 5-Years Estimates
Table S2502 Demographic Characteristics for
Occupied Housing Units.
Table construction by Castañeda & Associates
a. Occupancy Limits
Occupancy limits refer to the number of persons who can occupy an apartment unit. Often, strict occupancy limits have the intent of excluding families with children from renting an apartment.
HUD has stated that Congress did not intend to provide for a national occupancy standard:
The Department believes that in appropriate circumstances, owners and managers may develop and implement reasonable occupancy requirements based on factors such as the number and size of sleeping areas or bedrooms and the overall size of the dwelling unit. In this regard, it must be noted that, in connection with a complaint alleging discrimination on the basis of familial status, the Department will carefully examine any such nongovernmental restriction to determine whether it operates unreasonably to limit or exclude families with children.
Further, HUD believed that the occupancy standard it had set for HUD assisted housing (generally two persons per bedroom) would not be an appropriate basis for guiding private housing providers because –
These guidelines are designed to apply to the types and sizes of dwellings in HUD programs and they may not be reasonable for dwellings with more available space and other dwelling configurations than those found in HUD-assisted housing.
Source: 54 CFR 3232 – Implementation of the Fair Housing Amendments Act of 1988, Subpart A, Section 110.10 Exemptions, January 23, 1989
The California Department of Fair Employment and Housing (DFEH) in 1988 established an ―intake guideline‖ of accepting complaints for investigation of the potential of an ―adverse impact‖ where the occupancy limitations per unit are more restrictive than two persons per bedroom plus one, or five persons in a two bedroom unit. The intake guideline had two results:
the DFEH was able to save resources for significant cases by not investigating cases were the
17.b
Packet Pg. 609 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-24
landlord policy was consistent with the guideline and landlords adopted the standard of 2+1 to protect themselves from DFEH investigations.
In 1993, the California legislative enacted legislation that essentially prohibited the application of ―intake guidelines‖ and required the DFEH to investigate all complaints unless the complainant withdraws it or ―after a thorough investigation‖ DFEH determines the cases lacks merit on the facts. Thus, the two per bedroom plus one standard lacks legal support by law or regulation.
Thus, as an article on occupancy standards concludes:
Two persons per bedroom is presumed to be a reasonable occupancy standard under federal law, subject to rebuttal by the facts of the case and the specific configuration of the rental unit. Since the California Legislature repudiated DFEH‘s ―intake guideline‖ of two persons per bedroom plus one, the only official or semi-official policy on occupancy standards is the Keating Memorandum as now published by HUD.
Source: Martin S. Snitnow, Attorney at Law, Overcrowding and Occupancy Standards, 2008, page 4
b. Reasonable Accommodations
Under Federal and State fair housing laws, individuals with disabilities may ask their housing provider to make reasonable accommodations in the "no pets" policy to allow for their use of a service and/or companion animal. The housing provider may ask the disabled applicant/tenant to provide verification of the need for the animal from a qualified professional. Once that need is verified, the housing provider must generally allow the accommodation. 24 CFR 100.204(b)(1) provides an example that applies to all housing providers and concerns a guide dog:
A blind applicant for rental housing wants to live in a dwelling unit with a seeing-eye dog.
The building has a no pet’s policy. It is a violation of Section 100.204 for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment with a Seeing Eye dog because, without the Seeing Eye dog, the blind person will not have an equal opportunity to use and enjoy a dwelling.
Another example is given below:
A housing provider has a "no pets" policy. A tenant who is deaf requests that the provider allow him to keep a dog in his unit as a reasonable accommodation. The tenant explains that the dog is an assistance animal that will alert him to several sounds, including knocks at the door, sounding of the smoke detector, the telephone ringing, and cars coming into the driveway. The housing provider must make an exception to its ―no pets‖ policy to accommodate this tenant.
Source: U.S. Department of Justice, Civil Rights Division and U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Joint Statement on Reasonable Accommodations Under the Fair Housing Act, May 17, 2004, pages 6-7
17.b
Packet Pg. 610 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-25
c. Reasonable Modifications
According to HUD:
A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas. A request for a reasonable modification may be made at any time during the tenancy. The Act makes it unlawful for a housing provider or homeowners‘ association to refuse to allow a reasonable modification to the premises when such a modification may be necessary to afford persons with disabilities full enjoyment of the premises.
Source: U.S. Department of Justice, Civil Rights Division and U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Joint Statement on Reasonable Modifications Under the Fair Housing Act, March 5, 2008, page 3
2. Analysis of Property Management Practices
For the prior AI a telephone survey of seven affordable and eight market-rate apartment complexes was completed. The results of the telephone surveys is representative of the knowledge of fair housing laws currently held by El Centro‘s on-site managers.
The seven affordable developments include 633 privately owned apartment units and excluded those owned by the Imperial Valley Housing Authority. The eight market developments include 909 apartment units.
The apartment survey also included questions concerning property management policies that relate to fair housing such as:
Occupancy limits
Allowing service and/or companion animals
Allowing physical modifications and reasonable accommodations Written policies pertaining to the above topics
Extent of knowledge of fair housing laws
a. Occupancy Limits
Five of the seven affordable housing developments had an occupancy limit of two persons per bedroom plus one additional person. That is, a policy consistent with the DFEH‘s former ―intake guideline.‖ Two complexes enforce a standard of two persons in a one bedroom unit and three persons in a two bedroom unit.
Seven of the eight market rate developments had an occupancy standard of two persons per bedroom plus one additional person. One development enforced a standard of two persons in a one bedroom apartment unit.
b. Reasonable Accommodations
Five of the affordable complexes allowed reasonable accommodations. One apartment manager each responded ―maybe‖ and ―probably not.‖
17.b
Packet Pg. 611 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-26
All seven of the affordable housing developments permitted service and companion animals.
Five of the seven affordable apartment communities had written policies concerning reasonable accommodations, service animals and companion animals. One apartment manager each answered ―not sure‖ and ―probably not.‖
All eight managers of the market rate developments stated they allow service animals. Seven stated companion animals are allowed and one responded ―not sure.‖ Six of the eight market rate apartments permitted reasonable accommodations. One manager answered ―unsure‖ and one stated ―don‘t know.‖
Four of the eight market developments did not have written policies regarding reasonable accommodations, service animals and companion animals. One manager responded ―not sure‖ to this question.
c. Reasonable Modifications
All seven of the affordable apartment managers stated reasonable modifications. Five responses added ―with approval of the owner.‖
Seven managers of market rate apartment said they allowed reasonable modifications were allowed. One manager was ―not sure.‖
d. Accessible Apartment Units
Three affordable apartment communities contain 147 accessible units. Additional apartment units have some, but not all, accessible features.
Three market rate apartment complexes have 33 accessible units. Additional apartment units have some, but not all, accessible features.
e. Knowledge of Fair Housing Laws
Two affordable apartment managers stated they are ―Somewhat familiar‖ with fair housing laws but none stated they are ―Not familiar at all.‖
One of eight market-rate apartment managers stated that they were ―Somewhat familiar‖ with fair housing laws and two apartment managers stated that they were ―Not familiar at all‖.
3. Conclusions and Recommendations
The vast majority of affordable and market rate apartment communities adhere to the DFEH ―intake guideline‖ of 2 + 1. The occupancy limits of the apartments surveyed do not cause a fair housing impediment.
Eleven of the 15 apartment communities allowed reasonable accommodations. Almost all of the developments permitted service and companion animals.
Six of the 15 developments do not have written policies concerning reasonable accommodations, reasonable physical modifications, service animals and companion animals.
17.b
Packet Pg. 612 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-27
The survey results revealed that impediments to fair housing exist in El Centro. Therefore, subject to funding availability, the City will implement the following actions:
Invite the apartment managers to one or more workshops; the topics could include:
Fair housing laws in general
Fair housing laws regarding occupancy limits
Fair housing laws regarding reasonable accommodations and modifications Sample written policies regarding service and companion animals Distribute information on the above and other topics and distribute it to the apartment managers of all small, medium and large apartment complexes.
J. DISCRIMINATORY ADVERTISING
1. Background – Prohibitions against Preferences and Limitations Section 804(c) of the 1968 Federal Fair Housing Act, as amended, prohibits discriminatory advertising; it is unlawful:
To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
Section 12955(c) of the California Fair Employment and Housing Act contains similar language prohibiting discriminatory advertising. That Section, however, also includes the State‘s additionally protected classes of sexual orientation, marital status, ancestry, and source of income.
The Realtors® Standard of Practice 10-3 states:
Realtors® shall not print, display or circulate any statement or advertisement with respect to selling or renting of a property that indicates any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. (Adopted 1/94, Renumbered 1/05 and 1/06, Amended 1/14)
2. Analysis of Newspaper/Print Advertising and On-Line Advertising For rent ads were examined on randomly selected days in the month of October 2018. The ads analyzed were published in the daily Imperial Valley Press, weekly Holtville Tribune, apartment guides and posted on Craigslist.
For El Centro properties, two apartments for rent ads and one mobile home for rent ad were published in the Imperial Valley Press. The ads listed the address, number of bedrooms and baths, and monthly rents. There were no discriminatory words or phrases used in the ads.
17.b
Packet Pg. 613 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-28
No for rent ads were published in the weekly Holtville Tribune.
Apartment Finder, rent.com, and Apartment Guide published 46 for rent ads. In many cases, the same apartments were advertised on two or three of these publications. The ads included basic property information such as location, size, and readers were referred to ―contact property.‖ None of the ads contained discriminatory words or phrases. However, an ad for one affordable housing development stated ―no pets.‖ The Imperial Valley Housing Authority was informed of this ad as it may discourage disabled applicants from applying for vacant units.
Craigslist is used as medium to post rental ads. In September 2018, 10 apartment ads were randomly selected and analyzed. Two of the 10 ads stated ―No pets allowed.‖ Two the 10 ads specifically stated that ―Section 8 was OK‖ and one indicated NO SECTION 8.
Ads on Facebook were not reviewed. However, HUD has announced a formal complaint against Facebook for violating the Fair Housing Act by allowing landlords and home sellers to use its advertising platform to engage in housing discrimination. HUD claims Facebook enables advertisers to control which users receive housing-related ads based upon the recipient‘s race, color, religion, sex, familial status, national origin, disability, and/or zip code. Facebook then invites advertisers to express unlawful preferences by offering discriminatory options, allowing them to effectively limit housing options for these protected classes under the guise of ‗targeted advertising.‘
―The Fair Housing Act prohibits housing discrimination including those who might limit or deny housing options with a click of a mouse,‖ said Anna María Farías, HUD‘s Assistant Secretary for Fair Housing and Equal Opportunity. ―When Facebook uses the vast amount of personal data it collects to help advertisers to discriminate, it‘s the same as slamming the door in someone‘s face.‖
HUD‘s Secretary-initiated complaint follows the Department‘s investigation into Facebook‘s advertising platform which includes targeting tools that enable advertisers to filter prospective tenants or homebuyers based on these protected classes. For example, HUD‘s complaint alleges Facebook‘s platform violates the Fair Housing Act by enabling advertisers to, among other things:
Display housing ads either only to men or women;
Not show ads to Facebook users interested in an ―assistance dog,‖ ―mobility scooter,‖ ―accessibility‖ or ―deaf culture‖;
Not show ads to users whom Facebook categorizes as interested in ―child care‖ or ―parenting,‖ or show ads only to users with children above a specified age; To display/not display ads to users whom Facebook categorizes as interested in a particular place of worship, religion or tenet, such as the ―Christian Church,‖ ―Sikhism,‖ ―Hinduism,‖ or the ―Bible.‖
Not show ads to users whom Facebook categorizes as interested in ―Latin America,‖ ―Canada,‖ ―Southeast Asia,‖ ―China,‖ ―Honduras,‖ or ―Somalia.‖ Draw a red line around zip codes and then not display ads to Facebook users who live in specific zip codes.
Additionally, Facebook promotes its advertising targeting platform for housing purposes with ―success stories‖ for finding ―the perfect homeowners,‖ ―reaching home buyers,‖ ―attracting renters‖ and ―personalizing property ads.‖
17.b
Packet Pg. 614 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-29
A Secretary-Initiated Complaint will result in a formal fact-finding investigation. The party against whom the complaint is filed will be provided notice and an opportunity to respond. If HUD‘s investigation results in a determination that reasonable cause exists that there has been a violation of the Fair Housing Act, a charge of discrimination may be filed. Throughout the process, HUD will seek conciliation and voluntary resolution. Charges may be resolved through settlement, through referral to the Department of Justice, or through an administrative determination.
3. Conclusions and Recommendations
Ads containing discriminatory words or phrases are infrequently published. However, ads with discriminatory words or phrases may be published in the future. Additionally, ads stating ―no pets‖ may discourage disabled persons from applying for the apartment housing advertised in print publications.
Based on the above findings, the City will accomplish the following actions:
Ensure, if funding is available, that Inland accomplishes the following:
Annually review ads published in newspapers, on-line apartment search sites, and craigslist. Ads with discriminatory words or phrases should be investigated in more detail with follow-up enforcement actions, if necessary. Encourage the Imperial Valley Press to publish a concise ―no pets‖ notice that indicates rental housing owners must provide reasonable accommodations for ―service animals‖ and ―companion animals‖ for disabled persons.
K. HATE CRIMES
1. Background – Hate Crimes at a Residential Location
According to HUD, the AI should analyze housing related hate crimes; that is; where an event takes place at a residence, home or driveway. When hate crimes occur at a home, the victims can feel unwelcomed and threatened. The victims may feel that they have no recourse other than to move from the home and neighborhood of their choice. Hate crime means – ―A criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: (1) disability, (2) gender, (3) nationality, (4) race or ethnicity, (5) religion, (6) sexual orientation, (7) association with a person or group with one or more of these actual or perceived characteristics.‖ [Source: California Penal Code section 422.55]
According to the California Department of Justice (DOJ), hate crimes are not separate distinct crimes but rather traditional offenses motivated by the offender’s bias. A bias is – A preformed negative opinion or attitude toward a group of persons based on their race, ethnicity, national origin, religion, gender, sexual orientation and/or physical/mental disability.
Police and Sheriff Department‘s report hate crime events to the DOJ.
17.b
Packet Pg. 615 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-30
2. Analysis of Hate Crime Data
Annually, the California Attorney General publishes a report that contains the number of hate crime events by jurisdiction. In the four year period from 2014 to 2017, only two hate crimes events have been reported in Imperial County and none in El Centro.
3. Conclusions and Recommendations
Hate crimes occur infrequently. When they do occur they can devastate families who believe they must move from the home and neighborhood of their choice. No actions are recommended as no hate crimes have been reported in El Centro in recent years.
L. POPULATION DIVERSITY - SEGREGATION/INTEGRATION
1. Meaning of Diversity – Segregation/Integration
The dissimilarity index, according to HUD‘s Assessment of Fair Housing Tool for Local Governments, measures the degree to which two groups are evenly distributed across a geographic area and is a commonly used tool for assessing residential segregation between two groups. The University of Michigan explains the dissimilarity index as follows:
The most commonly used measure of neighborhood segregation is the index of dissimilarity. This is a measure of the evenness with which two groups are distributed across the component geographic areas that make up a larger area. For purposes of census taking, metropolises are divided into census tracts that contain, on average, about 4,000 residents. We could consider a metropolitan area such as Los Angeles and determine the evenness with which Whites and Blacks are distributed across census tracts.
One extreme possibility would be an American Apartheid situation in which all Blacks lived in exclusively Black census tracts while all Whites lived in all-White census tracts. Of course this does not occur but this would be the maximum residential segregation of Blacks from Whites. If there were such an apartheid situation, the index of dissimilarity would take on its peak value of 100. Another extreme example would be a situation in which Blacks and Whites were randomly assigned to their census tracts of residence. This never happens but, if it did, the index of dissimilarity would equal 0 meaning that Blacks and Whites were evenly distributed across census tracts.
In metropolitan Los Angeles in 2000, the index of dissimilarity comparing the distribution of Blacks and Whites across census tracts was 69 indicating a moderately high degree of residential segregation. This value reports that either 69 percent of the White or 69 percent of the Black population would have to move from one census tract to another to produce a completely even distribution of the two races across census tracts; that is, an index of dissimilarity of 0.
University of Michigan, Population Studies Center, Residential Segregation: What It Is and How We Measure It, page 1
17.b
Packet Pg. 616 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-31
2. Dissimilarity Index for the Region and City
The HUD-provided dissimilarity index provides values ranging from 0 to 100, where higher numbers indicate a higher degree of segregation among the two groups measured. Generally, dissimilarity index values between 0 and 39.99 generally indicate low segregation, values between 40 and 54.99 generally indicate moderate segregation, and values between 55 and 100 generally indicate a high level of segregation, as follows:
Value Level of Segregation
Dissimilarity Index Value
(0-100)
0-39.99 Low Segregation
40-54.99 Moderate Segregation
55-100 High Segregation
HUD data shows that the El Centro Region currently experiences a Low Level of Segregation between the Asian or Pacific Islander and White populations (36.98).
A Moderate Level of Segregation among two groups: Non-White/White and Hispanic/White:
Non-White/White 41.76
Hispanic/White 44.30
In the Region, there is a High Level of Segregation between the Black/White populations (61.18).
In contrast, HUD‘s Dissimilarity Index for the City of El Centro shows a Low Segregation Level for three groups:
Non-White/White 29.69
Hispanic/White 30.24
Asian or Pacific Islander/White 31.40
The HUD data indicate there is a Moderate Level of Segregation among the Black/White populations (44.63).
3. Conclusions and Recommendations
a. Conclusions
Since 1990 the Dissimilarity Index trend line for the Region has been higher than that of the City of El Centro.
Between 1990 and 2016, the City‘s segregation levels for the Non-White/White, Hispanic/White and Asian or Pacific Islander/White populations have remained Low. The segregation level for the Black/White populations has decreased from High to Moderate. b. Action Plan Recommendations
No actions are necessary as the City‘s Dissimilarity Index is in either the Low or Moderate range.
17.b
Packet Pg. 617 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-32
M. LOCATION OF AFFORDABLE HOUSING
1. Background – Reducing and Avoiding a Perpetuation of Residential Segregation
A lack of affordable housing in and of itself, HUD has pointed out, is not an impediment to fair housing choice, unless it creates an impediment to housing choice because of membership in a protected class. Courts have found that ―the location of affordable housing is central to fulfilling the commitment to AFFH [affirmatively further fair housing] because it determines whether such housing will reduce or perpetuate residential segregation.‖ (United States of America ex rel.
Anti-Discrimination Center of Metro New York, Inc. v. County of Westchester, New York) In California, Government Code Section 65008 expressly prohibits localities from discriminating against residential development or emergency shelters if the intended occupants are lowincome or if the development is subsidized (i.e., the method of financing).
2. Analysis of the Location of El Centro’s Affordable Housing a. Section 8 Housing Choice Voucher Program
One major fair housing concern is whether affordable housing is concentrated in minority neighborhoods and whether this siting pattern is the result of the policies of Federal, State or local funding programs. One major program that provides rental assistance to extremely and very low income families is the Section 8 Housing Choice Voucher Program.
The Imperial Valley Housing Authority was unable to provide the number of Section 8 voucher holders residing in each of El Centro‘s census tracts. However, Section 8 householders are advised to seek housing in neighborhoods with low percentage of low income persons. b. Affordable Housing
Other programs such as the Low Income Housing Tax Credit, HOME and public housing programs fund the production of affordable housing. Table VII-8 shows that the City has 21 affordable housing communities containing a combined total of 907 housing units. Most of the housing inventory is located in small projects as 15 of the 21 developments range in size from three to 50 housing units.
The affordable housing inventory is located in eight different block groups. Having the housing stock located in eight different block groups demonstrates a dispersal of such housing – however, 275 of the 907 (30%) affordable dwellings are located in Census Tract 112.02, Block Group 1.
3. Conclusions and Recommendations
The Imperial Valley Housing Authority will continue to seek Section 8 rental housing opportunities outside census tracts with a high percentage of the populations having incomes below the poverty level. The City has transmitted to the IVHA the most recent data on poverty incomes at the census tract level.
17.b
Packet Pg. 618 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-33
For most part, the location of El Centro‘s affordable housing stock is well dispersed. While most affordable housing developments are located in low and moderate income neighborhoods, only one has contributed significantly to the low- and moderate-income percentage of the neighborhood in which it is located.
The affordable housing location analysis contained in Table VII-8 will be used to evaluate the sites of new affordable housing development proposals. It is not possible at this point to declare any individual block group as an area in which new affordable housing should not be built.
Among the reasons why this is not possible is that the project size and population to be housed (i.e., senior, family, disabled, etc.) are unknown at this time. Project size and population to be housed are key factors in assessing the suitability of the location of a proposed development
17.b
Packet Pg. 619 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City of El Centro Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan Section VII: Identification of Private Sector Impediments to Fair Housing Choice VII-34
Table V-8
City of El Centro
Affordable Housing Inventory by Census Tract and Block Group: December 2018 Census
Tract
Block
Group Project Name Address
Affordability
Type1
Number
of Units
Percent
Below
Poverty2
112.01 2 Las Brisas Apartments 2001 North 8th Street LIHTC 72 5.92% 112.02 1 Turnkey Units 1648 Barbara Worth IVHA 9 24.89% 112.02 1 Casa de Anza 1690 W. Adams Street IVHA 36 24.89% 112.02 1 Tierra del Sol 1720 W. Adams Avenue IVHA 40 24.89% 112.02 1 Countryside Apartments 1751 Adams Avenue LIHTC 72 24.89% 112.02 1 Imperial Gardens Family
Apartments
1798 W. Main Street LIHTC 76 24.89%
112.02 1 Euclid Villas 1735 S. Euclid Section 8 42 24.89% 112.02 3 Valley Apartments I, II, III & IV 970 Waterman Court IVHA 105 24.89% 114.00 3 Fairfield Homes 632 S. Hope Street IVHA 50 39.68% 114.00 3 Imperialwood Homes Holt & Heil IVHA 32 39.68%
114.00 3 El Centro Homes 300 Block of Holt & 400
Block of Hamilton
IVHA 21 39.68%
115.00 1 Green Gables Park Avenue IVHA 19 33.69%
115.00 1 El Centro Senior Villas 515 Park Avenue LIHTC 80 33.69% 115.00 1 El Centro Senior Villas II 579-581 Park Avenue LIHTC 20 33.69% 115.00 3 Cedar Homes Senior 650 Adams Avenue IVHA 20 33.69% 115.00 3 Casa de Pajas 401 El Centro Avenue or
402 Adams
IVHA 3 33.69%
116.00 2 Turnkey Units 680 Brighton IVHA 6 24.48%
116.00 2 Turnkey Units 580 Brighton IVHA 6 24.48%
116.00 2 Boatwright Homes Senior 590 Holt Avenue IVHA 20 24.48% 118.02 1 Plaza Senior Apartments 1755 Main Street LIHTC 171 17.92% N/A N/A Turnkey Units3 Commercial & Brighton IVHA 7 N/A 1 IVHA = Imperial Valley Housing Authority; LIHTC = Low Income Housing Tax Credit; Section 8 = Project based assistance, privately owned
2 2013 FFIEC Census Report – Summary Census Income Information Imperial County All Tracts. Block Group percentage based on Census Tract percentage.
3 These units are located on two parallel streets some distance apart and located in two different Census Tracts.
17.b
Packet Pg. 620 Attachment: EC-AI-9-27-19 (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 06/2023/cdz/A23-0125/Reso/AnalysisofImpediments
FairHousingChoice
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO,
CALIFORNIA APPROVING A CONSULTANT AGREEMENT WITH MOSAIC
COMMUNITY PLANNING TO CONDUCT AN ANALYSIS OF
IMPEDIMENTS TO FAIR HOUSING CHOICE
WHEREAS, it is necessary for the City of El Centro to approve a consultant agreement with Mosaic Community Planning to conduct an analysis of impediments to fair housing choice as a component to the City of El Centro’s 2024-2028 Consolidated Plan under the CDBG Entitlement Program; and
WHEREAS, the City finds that its approval of said agreement is in the best interest of the City of El Centro, California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, DOES, HEREBY RESOLVE AND ORDAIN AS FOLLOWS:
1. That the foregoing is true, correct and adopted hereby.
2. That the City of El Centro does hereby approve the Agreement, a copy of which is on file in the office of the City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 12th day of September, 2023.
CITY OF EL CENTRO
By ___________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By __________________________
Norma Wyles, City Clerk
17.c
Packet Pg. 621 Attachment: Resolution FINAL (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) 06/2023/cdz/A23-0125/Reso/AnalysisofImpediments
FairHousingChoice
APPROVED AS TO FORM:
Office of the City Attorney
By ______________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL )ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California held on the 12th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ___________________________
Norma Wyles, City Clerk
17.c
Packet Pg. 622 Attachment: Resolution FINAL (5952 : RFP Results Regarding Analysis of Impediments to Fair Housing Choice) City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Award of Bid
Prepared By: Adriana Nava
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6047) DOC ID: 6047
Discussion and Necessary Action Regarding the Gomez Park Award of Bid and Authorizing the Execution of a Contract for the Gomez Park Design-Build Project
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A
CONTRACT FOR THE GOMEZ PARK DESIGN-BUILD PROJECT
FISCAL IMPACT:
The estimated fiscal impact for the Gomez Park Design Build Project is $5,600,000 and will be paid with Prop 68 Grant Funds.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #4: Recreation and Lifelong Learning - Offer opportunities for recreation and lifelong learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
The due diligence process has been completed. Contractor's license has been verified to be valid and in good standing. Contractor completed the McGee Park Restrooms and First Responders Park Projects for the City. Contractor is one of two firms who were pre-qualified through a pre-qualification process RFQ to bid on this project.
BACKGROUND:
On March 12, 2021, the Community Services Department completed a grant application for Gomez Park in the amount of $5.7 million. A total of $395.3 million was available under the State Parks grant program. An email communication was received from the State asking for additional information and clarification on May 20, 2021. State representatives met with City staff on July 1st at Gomez Park to inspect the site. On December 7, 2021, Staff had a teleconference meeting with State Parks where they were informed the grant was awarded. This was a very competitive grant and represents the largest park grant award received. The Grant Agreement was fully executed by the State and City Manager on February 19, 2022 in the amount of $5.7 million.
DISCUSSION:
A total of $5.7 Million of Prop 68 Grant Funds have been allocated for the Gomez Park reconstruction project. The proposed improvements entail numerous facilities that are not currently at the park site. Refer to the Concept Site Plan attached which includes details of the improvements. The scope of work includes the construction of two multisport courts with lights, various all-inclusive playground areas, adult exercise area, 18 Packet Pg. 623
Action Item (ID # 6047) Meeting of September 12, 2023
small pavilion, restrooms and snack bar facility, shaded ramadas and picnic tables, walking path with exercise stations for seniors, large athletic field with lights and two parking lots with alley improvements.
The City released the Request for Proposals (RFP) on May 15, 2023 to the two prequalified bidders: Urban Habitat and Three Peaks Corporation. A Request for Proposals from the pre-qualified bidders was due on June 29, 2023. City staff reviewed and scored both proposals using the following factors: demonstrated ability, quality of the design, cohesive team, key personnel qualifications, record of success by the Design-Build entity, knowledge of public facilities development, fee and fee percentage. Three Peaks Corporation scored the highest of the two with 256 total points and Urban Habitat scored 221 total points. Bid Tabulation Scores Sheet and the RFP are attached.
CONCLUSION:
Staff Is recommending the award of the design build contract to Three Peaks Corporation in the amount of $5,552,406.
ATTACHMENTS:
• Concept Level Site Plan (PDF)
• RFP Scores Tabulation Sheet - Gomez Park (PDF)
• Gomez Park Design-Build RFP 5-15-23 (PDF)
18 Packet Pg. 624
HOPE ST.
10'-8" DOGWOOD RD.
HAMILTON AVE.
PARK ACCESS ROADWAY PARK ACCESS ROADWAY
RETENTION BASIN
MULTI-SPORT FIELD
MULTI-SPORT COURTS
MONUMENT
SIGN
WALKING PATH
WALKING PATH
FIRE STATION 2
GOMEZ PARK
CONCEPTUAL SITE PLAN
RESTROOMS
MOSAIC ART
PYRAMID
PARKING
PARKING
13+ FITNESS
AREA
ADULT
FITNESS
STATION #2
RAMADA
TRASH
ENCLOSURE
(BASKETBALL - VOLLEYBALL - PICKLEBALL - TENNIS)
(SOCCER - FLAG FOOTBALL)
BLEACHERS BLEACHERS
BLEACHERS BLEACHERS
STAGE
SEATING
PICNIC
TABLE
BENCHES
PICNIC TABLE
PICNIC TABLES
BENCH
BENCH
BENCH
(FENCED OFF)
CONCESSION
SIDEWALK
SIDEWALK
480 SQ.FT.
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
COVERED PICNIC AREA
ADULT
FITNESS
STATION #1
ADULT
FITNESS
STATION #3
ADULT
FITNESS
STATION #4
ADULT
FITNESS
STATION #5
ADULT
FITNESS
STATION #6
ADULT
FITNESS
STATION #7
1 1
1 1
1 1
1 1 1
1 1
2 3
4 4
4 4
4 5
5 5
5 6
98 7
9 9
9 9
7 7
7 7
9 7
ELECTRICAL
SWITCH
GEAR
720 SQ.FT. 3' 5'
AMPHITHEATER
2-5 PLAY AREA
5-12 PLAY AREA
SKY RUN ZIP TRACK
PLAY AREA
1 18.a
Packet Pg. 625 Attachment: Concept Level Site Plan (6047 : Gomez Park Award of Bid) 10'-8"
PARK ACCESS ROADWAY
MULTI-SPORT COURTS
RESTROOMS
MOSAIC ART
PYRAMID
PARKING
13+ FITNESS
AREA
RAMADA
TRASH
ENCLOSURE
(BASKETBALL - VOLLEYBALL - PICKLEBALL - TENNIS)
STAGE
SEATING
PICNIC
TABLE
BENCHES
PICNIC TABLE
PICNIC TABLES
BENCH
BENCH
BENCH
CONCESSION
SIDEWALK
SIDEWALK
480 SQ.FT.
SIDEWALK
SIDEWALK
SIDEWALK
SIDEWALK
COVERED PICNIC AREA
ADULT
FITNESS
STATION #5
ADULT
FITNESS
STATION #6
ADULT
FITNESS
STATION #7
1 1
1 1
1 1
2 3
4 4
4 5
6 7
9 9
7 7
9 720 SQ.FT.
3'
5'
AMPHITHEATER
2-5 PLAY AREA
5-12 PLAY AREA
SKY RUN ZIP TRACK
PLAY AREA
1 18.a
Packet Pg. 626 Attachment: Concept Level Site Plan (6047 : Gomez Park Award of Bid) HOPE ST.
PARK ACCESS ROADWAY
RETENTION BASIN
MULTI-SPORT FIELD
MONUMENT
SIGN
WALKING PATH
WALKING PATH
PARKING
13+ FI
AR
ADULT
FITNESS
STATION #2
(SOCCER - FLAG FOOTBALL)
BLEACHERS BLEACHERS
BLEACHERS BLEACHERS
STAGE
S
(FENCED OFF)
SIDEWALK
SIDEWALK
ADULT
FITNESS
STATION #1
ADULT
FITNESS
STATION #3
ADULT
FITNESS
STATION #4
ADULT
FITNESS
STATION #5
ADULT
FITNESS
STATION #6
ADULT
FITNESS
STATION #7
1 1
1 1 1
1 1
4 4
4 5
5 8 9
7 9
9 9
7 7
7 ELECTRICAL
SWITCH
GEAR
AMPHITH
18.a
Packet Pg. 627 Attachment: Concept Level Site Plan (6047 : Gomez Park Award of Bid) 1 Tabulation Sheet
Gomez Park Design/Build RFP
Name of Reviewer Three Peaks Corp. Urban Habitat
Andres Miramontes, PE
Senior Engineer 81 74
Felix DeLeon Jr., PE
Associate Engineer 83 58
Javier Villaverde
Parks Supervisor 92 89
Total Score 256 221
18.b
Packet Pg. 628 Attachment: RFP Scores Tabulation Sheet - Gomez Park (6047 : Gomez Park Award of Bid)
CITY OF EL CENTRO
Request for Proposals/Notice Inviting Bids
NOTICE IS HEREBY GIVEN that the City of El Centro invites Design-Build Contractor to complete and submit competitive sealed bids for:
DESIGN-BUILD GOMEZ PARK
SEALED PROPOSALS will be accepted at the Office of the City Clerk, City Hall, 1275 Main Street, El Centro, California until 2:00 PM local time on Thursday June 29, 2023, at which time all proposals will be publicly opened and read aloud. Each bid shall be in accordance with the Request for Proposals.
This project shall be awarded based upon best value.
The basic scope and needs are to provide a design-build team that will render design and construction services for Gomez Park, a community park located at 901 S. Hope Street, consisting of approximately 5 acres. The project also includes the widening of the park by incorporating the adjacent alley as part of the park’s project footprint. This improvement will increase the width of the park by 20-feet and overall will result in the addition and expansion of the park by 24,320 square feet.
The goal of rehabilitating and expanding Gomez Park is to create a sense of place and provide a healthy outlet for those living within the neighborhood. The expanded park would include numerous amenities that will not only improve the health of the users, but the quality of life for them as well. Based on the community outreach completed, the neighborhood has a mix of elderly individuals, young families, many of which are large families with children of all ages. Thus, the park will incorporate features for all ages and abilities. At all of the community meetings, there were individuals that represented all segments of the community and, based on these meetings the following project features are required to be incorporated as part of Gomez Park.
Please refer to this bid document for additional details needed for a responsive bid.
The factors that are the basis for the bid are included within this bid document.
MANDATORY PRE-BID MEETING: Bidders are required to attend a pre-bid meeting, which will be conducted by the City’s Construction Manager at 10 a.m. on Wednesday May 31, 2023. The meeting will be held at the City’s Economic Development Department Conference Room located at 1249 Main Street in El
18.c
Packet Pg. 629 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 2
Centro. The objective of the meeting is to acquaint bidders with the site conditions and mandatory bidding requirements. At that meeting, the City’s Equal Opportunity Program goals and reporting procedures will be discussed.
PROJECT ESTIMATE: $5,200,000
Bidding Documents may be obtained at Planetbids.com via the City of El Centro website www.cityofelcentro.org. The Contractor is required to have an A or B license at the time of bid submission. Contractors wishing to be considered must submits Bids containing all information required pursuant to the City’s Request for Bids.
CONTRACT TERM: Work shall be completed within 548 calendar days from issuance of the Notice to Proceed.
OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 PM on Thursday June 29, 2023 at the office of the City Clerk as set out above.
QUESTIONS: All questions shall be submitted via Planet Bids portal.
Questions must arrive at least ten (10) calendar days prior to the bid opening to allow time for distributing answers and/or clarifications to plan holders. Responses to questions that may be asked will be provided by Addendum through Planet Bids.
CITY’S RESPONSES: Responses to questions asked may be provided via Addenda.
No oral comments shall be of any force or effect with respect to this solicitation.
ALL SUBMISSIONS MUST BE BY PERSONAL DELIVERY OR BY MAIL. No electronic submissions will be accepted.
BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of one hundred twenty (120) calendar Days from the date of Bid opening.
CONTRACTOR’S LICENSE CLASSIFICATION: In accordance with the provisions of California Law, OWNER has determined that CONTRACTOR shall possess a valid Class A or B California contractor’s license at the time that the Bid is submitted.
Failure to possess the specified license shall render the Bid non-responsive and shall act as a bar to award of the Agreement to any Bidder not possessing said license at the time of Bid.
18.c
Packet Pg. 630 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 3
CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code sections 1770 et seq. as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the City standards set forth in such sections for the locality in which the WORK is to be performed. A copy of said wage rates is on file at the office of OWNER. It shall be mandatory for CONTRACTOR to whom the WORK is awarded, and upon any Subcontractor under CONTRACTOR, to pay not less than said specified rates to all workers employed by them in the execution of the WORK.
CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in the performance of any contract for public work, as that term is defined in Division 2, Part 7, Chapter 1 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code §1725.5. It is not a violation of Labor Code §1771.1 for an unregistered contractor to submit a bid that is authorized by Business and Professions Code §7029.1 or by Public Contract Code §§ 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code §1725.5 at the time the contract is awarded. A bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor’s and all subcontractor's current registration to perform public work pursuant to Labor Code §1725.5.
Substitution of Securities: Pursuant to Public Contracts Code Section 22300, the Contractor shall be permitted to substitute securities for any monies withheld by the City to ensure performance under this Contract.
CITY’S RIGHTS RESERVED: The City reserves the right to reject any or all bids, to waive any technical irregularity informality in a bid, and to make awards in the interest of the City. The City also reserves the right to negotiate in person or in writing in a confidential manner with one or both bidders.
CITY OF EL CENTRO, CALIFORNIA
Norma Wyles, City Clerk
-END OF INVITATIONS FOR BIDS18.c
Packet Pg. 631 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 4
CITY OF EL CENTRO
COMMUNITY SERVICES DEPARTMENT
REQUEST FOR BIDS:
DESIGN-BUILD GOMEZ PARK
BIDS DUE:
June 29, 2023 2:00 p.m.
SUBMIT BIDS TO:
City of El Centro, Office of the City Clerk
1275 Main Street
El Centro, CA 92243
PROJECT ESTIMATE:
$5,200,000
PROJECT MANAGER:
Javier Villaverde, Parks Supervisor
www.cityofelcentro.org
18.c
Packet Pg. 632 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 5
PROJECT DESCRIPTION
DESIGN-BUILD GOMEZ PARK
I. INTRODUCTION AND OVERVIEW:
The City of El Centro, (“City”) seeks a well-qualified design-build team that represents all necessary disciplines to design and re-construct Gomez Park (“the Project”). The project is located at 901 S. Hope Street, as illustrated on Section IILocation of Project. The project is a full rehabilitation/reconstruction of Gomez Park and will need to include all of the elements further discussed in the Project Description.
The City of El Centro is located within the County of Imperial in one of the most highly developed agricultural regions of the country. The County comprises thousands of acres of prime farmland that has transformed the desert into one of the most productive farming regions in California with annual crop production of over one billion dollars ($1,000,000,000). Agriculture is the largest industry in Imperial County and accounts for forty-eight percent (48%) of all employment.
The City, which serves as the County seat has a council/manager form of government. El Centro is a major commercial center within the region’s predominant agribusiness economy. The City is located along Interstate 8 and is approximately 120 miles east of San Diego, 60 miles west of Arizona and 14 miles north of the US/Mexico border. The City consists of 11,019 square miles and supports a population of 44,003 people.
The City provides parks and recreation facilities to the public within its boundaries.
The Community Services Department (CSD) is responsible for overseeing City park facilities and services. Parks within the City jurisdiction are used by the public for various recreational activities, and include such amenities as athletic fields, hard court playgrounds, open space areas, picnic areas, swimming facilities, gymnasia, and skateboard facilities. City parks often contain restrooms and irrigation systems that are maintained by the Department.
The current inventory of park and recreation facilities includes parks, recreation, community center facilities, and school facilities. Stormwater retention basins are not counted in parkland acreage. There are currently a total of approximately 106.11 acres of developed parkland, in the 20 parks, 8 recreation and community center facilities and within the City’s jurisdiction.
In the last decade, the City has been making strides in improving parks and recreational facilities. As part of this process, the City has been seeking grant funds from the State of California through various funding sources. The City was
18.c
Packet Pg. 633 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 6
successful in obtaining Proposition 68 grant funding in the amount of $5.7 million for the re-construction of Gomez Park.
II. LOCATION OF PROJECT:
Gomez Park is located at 901 S. Hope Street, El Centro, CA 92243.
18.c
Packet Pg. 634 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) III. PROJECT BACKGROUND:
As discussed, funding for this project is being provided through a 2018 Parks Bond Act Statewide Park Development and Community Revitalization grant. Included are schematic architectural renderings from the park for Theme and Concept attached as Attachments A, B and C. CEQA is complete and a Notice of Exemption has been filed for the project.
Gomez Park was originally constructed in the late 1970’s and is situated adjacent to apartment housing, Imperial Valley Housing Authority properties. The project site has minimal recreational amenities and the amenities in existence are deemed obsolete. The neighborhood in which Gomez Park is situated has an older housing stock with deferred maintenance. The park is also a retention basin and will need to continue to function as a basin post construction.
IV. PROJECT DESCRIPTION:
The City of El Centro is seeking a design-build team to provide design and construction services for Gomez Park, a community park located at 901 S. Hope Street, consisting of approximately 5 acres. The project also includes the widening of the park by incorporating the adjacent alley as part of the park’s project footprint. This improvement will increase the width of the park by 20-feet and overall will result in the addition and expansion of the park by 24,320 square feet.
The goal of rehabilitating and expanding Gomez Park is to create a sense of place and provide a healthy outlet for those living within the neighborhood. The expanded park would include numerous amenities that will not only improve the health of the users, but the quality of life for them as well. Based on the community outreach completed, the neighborhood has a mix of elderly individuals, young families, many of which are large families with children of all ages. Thus, the park will incorporate features for all ages and abilities. At all of the community meetings, there were individuals that represented all segments of the community and, based on these meetings the following project features are required to be incorporated as part of Gomez Park.
Construction of new all-inclusive playgrounds and fitness areas Inclusive Playgrounds- The project proposes two (2) playground areas, one for children ages 2-5, and the other for those ages 5 and above. The playground the community is proposing is an all-inclusive playground. Inclusive playgrounds are both a physical and social event, inclusive play is not just solely about physically accessing the environment, but also intensely focused on what happens once the individuals gets there. By equipping children of all abilities with inclusive environments and the skills to play together more independently, children will feel
18.c
Packet Pg. 635 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 8
nurtured, encouraged respected, and active during play, both physically and socially. For example, one of the multigenerational features of an inclusive playground is a wheelchair accessible ship with enough space for a wheelchair to roll into that has multiple seats for caregivers who may be elderly or parents.
This allows for fun, multi-generational play for all abilities. The playground theme selected was a superhero themed playground. The child who suggested the theme, said that he would like it superhero theme because superheroes provide hope. Now, more than ever, we live in a world desperate for hope. For those who are the poorest and most vulnerable, such as those living in the Gomez Park neighborhood, there are few places to go and isolation due not having a car or money to go places, can be the norm, thus, the playground has to provide a high sense of amusement and hope for the neighborhood.
Sky Run Zip Track- Through community engagement, it was learned that users prefer activities with motion. The Sky Run Zip Track offers a fun and exciting motion play activity that feels like flying through the air. This type of track is also for teen who prefer more challenging and adventurous activities. During the meetings, it was mentioned that sometimes the activities offered are solely for younger children leaving little or nothing to do at the park. Providing these types of activities for youth, create fun experiences that provide adventure without risky behavior. These types of amusements also keep youth physically active and engaging with the community, rather than being in isolation.
Fitness Areas and Walking Track Along Perimeter- The park incorporates two Fitness Areas, one is geared towards seniors who desired to walk along the park while completing exercise stations. The other fitness area is for teens and younger adults. The exercise stations along the walking track are lower intensity and incorporate ADA Accessibility features. It’s important to underscore, that when individuals are limited on funds such as those residing in this neighborhood, gym subscriptions are not the norm. Also, as individuals age, their ability to drive decreases, limiting their ability to go places to exercise, thus, increasing the importance of high quality neighborhood parks. Lastly, the walking path was an element that was highly desired for all neighborhood members. The current park space is used as a track, but the slope and uneven surfaces make it challenging to complete laps. Additionally, lighting is lacking in many portions of the park space, creating an environment that makes some of the residents afraid and unwelcomed, especially when the time changes during the nicer winter months.
Construction of amphitheater with seating
The proposed improvements to the park include a small amphitheater that will provide a high quality venue for performances and musical acts.
18.c
Packet Pg. 636 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 9
Construction of new restrooms with concession facility
The new restrooms and concessions will be situated within one building. The restroom will consist of 720 square feet and will include a concession portion, consisting of 480 square feet.
Construction of new walking path and sidewalks
A new walking path will be constructed along the perimeter of the park’s green space. Sidewalks will need to be constructed along the interior of the various amenities such as the playgrounds, fitness areas, amphitheater and will provide an ADA-compliant path of travel.
Construction of new parking lots and access roadway (existing alley), and renovation of existing parking lot
The park currently includes a parking lot along Hope Street. The parking lot will need to be reconstructed and it is approximated that twenty-one (21) parking spaces can be accommodated with the proposed layout. A second parking lot will need to be constructed along the interior of the park space, consisting of approximately twenty-three (23) parking spaces. Lighting will need to be incorporated as part of the parking lot design.
Construction of new multi-sport courts (2)
Multipurpose Sports Courts- A feature that was highly desired was a safe place to play active sports for the neighborhood. While basketball was the highest desired, a multipurpose sports court was seen as a win-win for all members involved in the design. The multipurpose sports court includes the following sports: basketball, volleyball, pickle ball, and tennis. Again, in a neighborhood that lacks amenities and is poverty stricken, this healthy form of recreation is welcomed and will improve health outcomes by providing a beautiful exercise venue available for all segments of the community.
Construction of new park lighting and electrical upgrades New lighting is proposed throughout the park. It is anticipated the lighting adjacent to the turf space will be Musco lighting (or equivalent). Pedestrian lighting will also be needed throughout the playground spaces and fitness areas.
It is anticipated electrical upgrades are needed given the old age of the park.
Construction of new multi-sport field
A multi-sport field is proposed and will consist of turf. New irrigation will need to be incorporated as part of the landscaping improvements.
18.c
Packet Pg. 637 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 10
Other project features
Gomez Park was named after El Centro Fireman, David Gomez. On November 17, 1976, Fireman Gomez was called to the scene of two men trapped in an underground gasoline storage tank. In the effort, one of the men trapped was removed and survived, however, despite all other efforts the other man succumbed. During the rescue effort David Gomez was overcome by heavy petroleum fumes and later succumbed and made the supreme sacrifice in his service to those he was sworn to protect. While there is a monument in Mr. Gomez’ honor, the monument will be located in a strategic place to promote the cultural identity of the community. The park will also incorporate mosaic community art, created by the neighborhood. Although the art elements themselves have not been selected, the community wanted to include an art component that was reflective of the neighborhood. This will provide additional cultural opportunities for the project. Residents will work together to create and the art and the pieces through mosaic pieces.
V. REQUESTED CONTRACT SCOPE OF SERVICES:
The roles and responsibilities of the City and the Design-Build entity are summarized below and set forth in detail in the contract documents. The DesignBuild entity shall be responsible for all turnkey design and construction services including staging, sequencing, temporary on-site construction parking, security, space planning, in conformance with the requirements of this RFP. The DesignBuild entity shall be responsible for working closely with the City Staff and Construction Project Manager for completion of this work.
Following is a summary of the scope of services to be performed by the DesignBuild Entity. The Design-Build entity shall be a licensed Architect or Civil Engineer within the State of California. A landscape architect may be considered as the lead Design-Build entity as long as the team has several successful parks in their resume and has appropriate licensed team members for the necessary disciplines to complete the work.
TASK 1. BASE MAP:
1. Perform surveying services to establish topography and existing improvements within the adjacent streets right-of-way and Project limits.
Obtain necessary bench mark information from the City or County as available and tie the survey to existing benchmarks. A copy of the survey field notes shall be delivered to the City. This survey shall combine aerial photogrammetry augmented by field measurements. Set aerial targets as prescribed by the City Engineer at the locations stipulated by the DesignBuild entity's aerial photogrammetrist.
18.c
Packet Pg. 638 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 11
2. Reduce the survey data and prepare a base map at a scale of 1"=40' which reflects right-of-way, sidewalks, curb and gutter, street lighting, power poles, building structures and physical obstructions such as fire hydrants, catch basins, drain ditches, manholes, etc. The base map should also reflect the location of all existing underground utilities depicted from existing utility plans (including private or public untreated raw water lines).
All necessary research to establish precise location of existing utilities shall be undertaken. Utility companies are to be notified to ensure that their facilities are shown correctly and to coordinate any improvements that they may be doing in the Project area. Preliminary and final plans are to be sent to the utility companies. The City shall be provided with copies of all correspondence with utilities companies.
3. Base map at 1"=40' scale shall show new improvements, curb, gutter, sidewalks, street lighting, relocation of any utilities, storm drains, cross gutters and street sectional layouts with attached city details. Plans are to be drawn in AutoCad format 2014 or higher. All plans will be D size drawings twenty-four (24) x thirty-six (36). Design-Build entity will submit to Engineer one (1) mylar original, four (4) blueline sets and one (1) copy on a USB drive for review by the City Engineer at the completion of the Base Map Phase.
TASK 2. CONCEPTUAL PLANIPRELIMINARY ENGINEERING STUDIES:
1. The Design-Build entity shall prepare a Site Plan/Preliminary Design based on the City’s Concept Plan (Attachments A, B and C) prior to commencing final design. The Design-Build entity shall perform a comprehensive field visit and provide the best feasible construction design concept plan. Said plan shall indicate and summarize the Design-Build entity's professional opinions/findings relative to the proposed methods and materials for construction of the Project. Proposed general grades and cross sections shall be included along with the general location of all park amenities.
Conceptual plans and profiles of the restroom and snack stand shall be provided along with a general landscaping theme for review. The DesignBuild entity shall take into consideration the master plan for the overall Project when considering the conceptual design plan.
The preliminary engineering study shall also address the location and size of all proposed wet and dry utilities as well as relocation of utilities, if necessary. The report shall specify any drainage improvements and proposed discharge locations.
It is expected that the Design-Build entity (and/or the Design-Build entity’s subcontractor) will provide a geotechnical evaluation for the Project site with recommendations for civil design work and construction of a park facility. The report will be included with the final design plan submittal.
18.c
Packet Pg. 639 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 12
In addition, the conceptual plan/engineering study will indicate the makeup, methodology and description of the format and organization proposed for the final improvement plans.
2. The Design-Build entity shall present said conceptual plan/preliminary design study to the Community Services Department for discussion and modification and/or approval. Once the preliminary design study has the Community Services Department’s approval, the final design plans may commence.
3. A preliminary statement of probable construction costs will be required at the completion of the conceptual design plans.
TASK 3. FINAL IMPROVEMENT AND ARCHITECTURAL PLANS:
1. Prepare improvement plans for construction improvements. The DesignBuild entity shall perform a comprehensive field visit and provide the best feasible construction design in accordance with current park standards, and obtain the City Engineer’s approval prior to proceeding with final design drawings.
The final improvement plans shall consist of a minimum of a title sheet, demolition sheet, erosion control plan, grading and drainage plan with cross sections, and utility plan with profiles and associated civil design detail sheets.
The final architectural drawings depicting the restroom and concession facility, pavilion with seating, ramadas, multi-sport courts, playground and fitness areas, soccer field, walking path, parking lots with access road, sidewalks, park lighting and electrical upgrades, monument sign, stage, landscaping, irrigation, trash enclosure and all other park amenities.
Architect plans shall minimally include a demolition plan, grading plan, site plan, foundation plan, structural plan, plumbing plan, electrical plan, mechanical plan, cross sections, elevations, overall site landscaping and irrigation plan and associated detail sheets.
Environmental design measures shall be included in the design plans for the park. Installation of bio swales around both parking lots to capture storm water runoff and automotive pollutants and treat the storm water before it goes into the storm sewer. A water efficient irrigation system with smart control timer shall be designed utilizing weather based app to implement optimal irrigation patterns daily. Incorporate in the plans for 10% of materials used to be made from recycled materials.
18.c
Packet Pg. 640 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 13
Landscape design plans shall feature plants and shrubs that are not only drought tolerant but that thrive in our hot arid climate with little or no fertilizer. Incorporated with the landscape design will be the planting of fifty trees to add shade and aid with carbon sequestration. The design will include a minimum of three different types of trees that are twenty-four inch box in size at time of planting.
Design plans to propose a minimum of five drinking fountains around park to provide safe drinking water to park guests with two having a doggy fountain attached. Energy efficient LED lighting shall be installed throughout the park and facilities.
2. Preparation of erosion control plans and a Storm Water Pollution Prevention Plan (“SWPPP”) are required. The Design-Build entity, as the City’s agent, shall be responsible for providing electronic information and documents to the State of California Storm Water Multiple Application and Report Tracking System. The SWPPP shall be prepared by a certified Qualified SWPPP Developer.
3. A comprehensive quantity takeoff and engineering cost estimate shall be provided with the sixty-five percent (65%) and one hundred percent (100%) submittals. The quantity takeoff and cost estimate shall be presented for each schedule of work separately.
4. If feasible, an aerial strip map shall be combined with the CAD plan view or be placed above and parallel to the proposed plan view so as to demonstrate existing field conditions pictorially. Said map shall extend at least twenty-five (25) feet outside of the existing street right-of-way. The aerial flight should be scheduled for a day and hour where said streets will have the least traffic volumes or parked vehicles to obstruct the photography.
TASK 4. SPECIFICATIONS AND BID PROPOSAL DOCUMENTS:
1. Prepare technical specifications as well as required special provisions applicable to the project, utilizing the City standards, American Public Works Association (“APWA”) standard special provisions (“Green Book”), and the 2019 California Building Code as necessary.
2. Prepare general and technical specifications and bid proposal documents.
18.c
Packet Pg. 641 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 14
TASK 5. PROJECT DESIGN COORDINATION AND MEETINGS:
1. The Design-Build entity shall coordinate design activities with all outside third party agencies including but not limited to the Imperial Irrigation District (“IID”), The Gas Company, Time Warner Cable, and AT&T as well as other local, State and Federal agencies.
2. The Design-Build entity shall also obtain all necessary design encroachment permits, building permits and Health Department permits including but not limited to the IID.
3. The Design-Build entity shall present a progress report each month to the City. Included should be a summary of the work accomplished during the preceding month together with an account of any significant problems encountered, total effort expended by task broken down into ff levels utilized and number of hours spent and percent of project completion by task.
4. Working in close coordination with the City during preparation of the plans is an essential component of the Project. The Design-Build entity shall provide representation semi-monthly (or as to be determined) for coordination meetings with the City’s Staff at the City’s Community Service office. The purpose of these meetings will be to report on the progress and to discuss and resolve any difficulties and issues.
5. The Design-Build entity shall prepare minutes of meetings for all the meetings attended and deliver them to City within five (5) working days from the meeting date. These minutes shall be forwarded to the City and the US Economic Development Administration for review and comment.
TASK 6. AS-BUILT PLANS:
The Design-Build entity shall prepare one (2) sets of As-Built Plans hard copies and on USB drive (AutoCAD 14 or higher) subsequent to final acceptance of construction. This plan shall show any and all modifications made in the field not reflected on the approved plans.
TASK 7. GEOTECHNICAL REPORT:
The Design-Build entity shall provide a geotechnical report for the Project site. The report shall outline the necessary preparation needed to construct the Project based on type of soil. The study shall include foundation recommendations and subgrade preparation at a minimum.
18.c
Packet Pg. 642 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 15
TASK 8. DELIVERABLE ITEMS:
The Design-Build entity will be required to verify and defend that all information submitted as services rendered is accurate and current.
Furthermore, the Design-Build entity will be required to document the source(s) of all compiled information. All information generated as part of the Design-Build entity or sub Design-Build entity’s work shall become part of the City record on the Project.
The Design-Build entity shall submit the following items to the City for the plan check review in three (3) stages of the design. Please note that the conceptual plans* and preliminary engineering design study must be approved prior to the following:
1. Sixty percent (60%) complete submittal:
-Two (2) copies of the topographic survey
-Two (2) copies of improvement plans/architectural plans -Two (2) copies of geotechnical report and recommendations -Two (2) copies of the draft construction quantity and cost estimates
2. Ninety percent (90%) complete submittal:
-Two (2) copies of improvement plans/architectural plans -Two (2) copies of SWPPP and erosion control plan
-Two (2) copies of the draft general and technical specifications and bid proposal documents
-Two (2) copies of the draft quantity and cost estimates
3. One hundred percent (100%) complete submittal:
-Original negatives and aerial photographs
-Two (2) copies of the topographic survey including digital file and field survey notes and control
-Two (2) copies of improvement/architectural plans including AutoCAD 2006 or higher DWG Files
-Two (2) copies of final general/technical specifications, bid documents and final construction quantity and cost estimates
-Two (2) copies of SWPPP and erosion control plan
Upon review of the one hundred percent (100%) submittal and incorporating all the City's review comment, the Design-Build entity will submit one (1) set of mylars of improvement and traffic control plans to the City. The Design-Build entity shall also submit a digital copy of the plans in AutoCAD version 14 to the City.
18.c
Packet Pg. 643 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 16
Note:
• Plans are to be done on AutoCAD version 14 or higher with final submittal on mylar sheets and drawing files on USB drive. Special provisions are to be in Microsoft Word, Version 7 for Windows or higher.
• All plans and specifications should be compatible with Green Book standards. The design shall be in accordance with the best design practices utilizing the appropriate standard of care for architectural and civil engineering projects. Appropriate design sources may include the 2019 California Building Code, American Association of State Highway and Transportation Officials, APWA Green Book Standard plans and specifications.
• All product will be submitted through the period of performance according to the agreed schedule. The City will review the product to ensure that it meets the terms of contract and scope of work. If the product is not acceptable, the Design-Build entity will be advised not to proceed with the next phase of the contract until the product is determined acceptable by the City and any required revisions have been performed at no additional cost to the City.
• It is the Design-Build entity’s responsibility to research all information such as existing records and documents in order to complete the Project. It should be noted that some items requiring verification during construction will need to be considered during the design phase since they may need incorporation into the plans and contract documents.
• The duration of any contract executed as a result of this RFP process will be determined based on the schedule provided by the chosen Design-Build entity and as mutually agreed upon by the Design-Build entity and the City.
The City is under no obligation to award a contract under this RFP, and the decision to offer such shall lie solely with the City.
VI. ROLES AND RESPONSIBILITIES
The roles and responsibilities of the CITY and the Design-Build entity are summarized below and set forth in detail in the contract documents.
1. The Design-Build entity is required to provide:
a. Site survey, geotechnical report, special testing and related services;
b. Site development, including bringing utilities to the site; c. Design in accordance with the requirements of this Request for Proposals/Notice of Inviting Bids
d. Manage the bidding and award of construction trade
18.c
Packet Pg. 644 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 17
contracts;
e. Construction management;
f. Construction administration;
g. Contractor-furnished items;
h. Spare parts, material, and equipment;
i. Quality Control and Safety plan;
j. Utility hook-ups for all equipment;
k. Design calculations, operation and maintenance
manuals, and shop drawings;
l. Programming and space planning for audio-visual,
security, tenant improvement communications and
general space planning;
m. Testing to verify attainment of design and performance requirements;
n. Obtain all required permits and payment of all permit fees (except payment of Building Permit Fees, and Utility Connection Fees); Design Builder responsible for cost of all other fees and permits.
2. The City will provide:
a. The site;
b. Review/comments on Construction Document submittals; c. Building Department and Fire Department Inspection;
d. Progress payments for design and construction;
e. Payment of City Building Permit Fees, Utility Connection Fees, VII. INFORMATION TO BE INCLUDED IN THE PROPOSAL SUBMITTAL:
A. Cover Letter: The cover letter shall provide an overall summary of the proposal, and highlighting key enhancements and attributes. The letter must be in the name of and signed by the legal entity that will execute the Design-Build contract.
B. Table of Contents: Include a detailed table of contents for all sections of the submittal.
C. Declaration: A declaration (Exhibit A) that the Design-Build entity will complete the design and construct the project for the Design-Build Proposed Bid (Exhibit B) must be completed and signed by the legal entity that will execute the Design-Build contract, and included in this section of the submittal. Alteration of any kind to this form may cause the submittal of
18.c
Packet Pg. 645 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 18
the Design Build entity to be rejected by the City of El Centro.
D. Understanding of the Project and General Approach – Describe the proposed methodology for completing the design-build process for this project.
E. Summary of Qualifications – List the lead design and construction firms; identify the types of legal entities, names and principles, general summary of firm experience including comparable projects and contact information (phone number, postal address, email address etc.) F. Project Team – List all lead and support personnel who will be managing and working on the project and a description of each team member’s responsibilities. Describe the proposed team’s experience with similar projects and how this experience meets minimum qualifications listed above. Include resumes of all proposed personnel. List all Design-Build entities and sub-Design-Build entities including identification of lead personnel, resumes and identification of roles and responsibilities and description of experience designing and constructing parks and sports facilities and how this experience will benefit this project. Design-Build entity disciplines of critical importance may include:
Architect Civil
Lighting Accessibility
Landscape Architect Sports Field Design
Mechanical Structural
Electrical Cost Estimating
Plumbing Sustainability/LEED/Sites
G. References – Include the names, addresses and telephone numbers of at least three (3) recent clients for the lead design firm and lead contractor, one of whom are civic clients, who we can contact regarding the design and construction firms’ work and the work of the proposed lead personnel.
H. Guaranteed Maximum Price Budget – A Guaranteed Maximum Price (GMP) estimate shall be provided with enough detail to ascertain that the design proposed is properly estimated in that it is achievable within the proposed GMP budget. In developing the fee bid please take into consideration the special conditions of the proposed site which is also an existing retention basin. In the fee proposal, consider the following:
• All items listed in Section V – Requested Contract Scope of Services • The proposed schedule is an estimated duration of the project
18.c
Packet Pg. 646 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 19
• Owner/Architect Contractor meetings will be held involving the participation of the design-build team. Design meetings are expected to occur every other week
• Include mark up for profit, overhead, general conditions (including bonds), insurance, cost for all on-site and off-site staff including corporate office overhead costs such as accounting and
management information systems, items that are incidental to work but are not part of installed work such as BIM, trailers, vehicles, and other costs.
• Requirements for performance bonds, payment bonds and insurance (including professional liability insurance), as determined by the risk manager and city attorney, as appropriate.
I. Performance History – The response to the Request for Proposals/Notice of Inviting Bids shall include significant evidence of the design-build team’s successful performance together in whole in in part on previous projects, financial capacity, and other pertinent information. Include completion of all required documents contained within the Request for Proposals/Notice of Inviting Bids Instruction to Bidders. It is preferred that the team members show evidence of successfully working together on other similar projects or projects with similar components or conditions.
J. Availability – Describe other projects to be completed by lead personnel during the proposed time frame required for this project.
K. Contract Types and Negotiations:
• Phase I Schematic Design of Masterplan. A Conceptual Site Plan has been included in the RFP documents.
• Phase II Design/Permitting and Construction. A design-build agreement will be executed. A sample design-build agreement has been included in the Request for Proposals/Notice of Inviting Bids documents. Final contract language will be negotiated with the successful design-build team.
L. Quality control features.
M. Litigation History- The Design-Build entity shall provide information on any litigation arising out of design work related to their projects or their subcontractor’s entity’s projects for the last ten (10) years.
N. Other Information. The Design-Build entity may include in this section of the submittal any additional information it deems appropriate, intended to clarify its Proposal, if such information will enable the City to more fully review and evaluate the submittal. The format and content of such
18.c
Packet Pg. 647 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 20
information is at the option of the Design-Build entity provided it is no larger than 8-1/2" x 11" or is bound into the document and folded to 8-1/2" x 11".
16. One (1) hard copy and one (1) electronic copy (PDF) of the proposal submittal, not to exceed twenty-five (25) pages, if possible. All copies of the proposal submittal shall be submitted to the Office of the City Clerk, City Hall, 1275 Main Street, El Centro, California 92243 by 2:00 PM, on June 29, 2023.
The response shall be enclosed in a sealed envelope and be plainly marked on the upper left hand corner with the name and address of the bidder and bear the following:
Community Services Department
PROPOSAL SUBMITTAL
Request for Proposal
Gomez Park
Sealed Fee Schedule Proposal
Gomez Park
Proposals Due June 29, 2023 by 2:00 PM
VIII. CORRECTIONS:
Corrections or revisions to the design calculations, plans, specifications, quantity calculations, engineer's estimate and other documents prepared by the DesignBuild entity are anticipated and shall be considered as part of the normal design process. No extension of time or fees shall be allowed for corrections as described above.
18.c
Packet Pg. 648 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) IX. SELECTION OF DESIGN-BUILD ENTITY:
The City will review the proposals received. Upon final review of the proposals, the City may interview the highest ranking Design-Build entity. The final ranking of the Design-Build entities will be based on the following criteria:
Criteria Points
1. Demonstrated ability, capacity and skills of the proposed team. 15
2. Demonstrated quality of the design, technical and management services offered.
15 3. Demonstration of a cohesive team as proven by working relationships and previous successful mutual projects
15 4. Amount and quality of time that the key personnel will be involved in their respective portions of the Projects.
10 5. Demonstrated record of success by the Design-Build entity on other Federally-funded or State-funded project of similar size and scope completed in the Southern California area, preferably parks. 15 6. Knowledge of public facilities development and processing projects through the City and other permitting agencies.
10 7. Demonstrated character, integrity, reputation, good judgement, training, experience and efficiency of the team.
10 8. Fee and fee percentage 10
Total Points 100
X. GENERAL INFORMATION:
1. The Design-Build entity is expected to establish and maintain a close working relationship with the City’s Staff throughout the project.
2. For the duration of the Project the Design-Build entity shall maintain the same project manager, as specified in the RFP and approved by the City. In the event that the authorized project manager terminates employment with the Design-Build entity, the Design-Build entity shall make a demonstrated and concerted effort to maintain the project manager in the key managerial position, unless extreme conditions
18.c
Packet Pg. 649 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 22
prohibit continuance. Any substitution of the project manager will require written approval from the City.
3. This RFP does not commit the City to pay any cost incurred in the preparation of a response.
4. As it relates to Substitutions, the materials, products, systems, sub-systems and components described in the renderings and within the scope of work establish the minimum standards of required performance, function, appearance and quality to be met by each submittal. Within the limits of the stipulated contract sum, Design-Build entities are encouraged to exceed the specified minimum requirements.
Any substitution or exception request must be submitted in writing to the City during the formal Questions and Answers period. Failure to make such written request is at the sole and exclusive risk of the Design-Build entity. Substitutions or exceptions not authorized by the City will not be allowed.
Products or workmanship described or included in the Design-Build entity’s Proposal which exceed the minimum requirements of these RFP documents are binding on the Design-Build entity and shall not be eliminated, modified, or substituted for in any way unless specifically approved in writing by the CITY.
5. This solicitation does not commit the City to enter into a Design-Build Agreement, to pay any costs incurred in preparation of any response to this RFP, or to procure or contract for services orsupplies. The City reserves the right to accept or reject any or all submittals, to enter into a contractual agreement with any qualified Design-Build entity or agent thereof, and to cancel in part or in its entirety this solicitation if it is most advantageous and in the best interest of the City to do so. The City reserves the right to require any Design-Build entity to submit additional design and construction information, technical information or revisions to its submittal as may be needed to ensure the project conforms to all design, program and performance criteria included in this RFP and to execute a Design-Build contract for the design and construction of the project.
The CITY reserves the right to waive any informality or irregularity in any submittal received, to reject any or all submittals, to re-solicit for submittals, and to accept the submittal which, it its sole judgment, is most advantageous to the CITY and in the CITY’s best interest.
The CITY reserves the right to reject a submittal if it is not in full and complete compliance with the requirements and formats specified in this RFP, to reject a submittal which omits or fails to complete any portion
18.c
Packet Pg. 650 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 23
of the required documents, to reject a submittal which is in any way incomplete or irregular, or to reject a submittal upon evidence of the Design- Build entity having engaged in any communication, contact, or other activity prohibited by this RFP.
The CITY reserves the right to publicly display any drawings, exhibit boards, models or other materials submitted by any Design-Build entity in response to this RFP. Any language purporting to render all or portions of any proposal confidential or proprietary shall not be binding on the CITY.
For further information, contact Adriana Nava, Director of Community Services, at (760) 337-4543.
X. TENTATIVE SELECTION SCHEDULE
The following tentative schedule is targeted for Design-Build entity selection:
RFP release date: May 15, 2023.
Deadline to submit requests for clarifications, corrections or modifications: June 15, 2023 by 5:00 PM.
Submittals Due: 2:00 p.m. Pacific Standard Time, June 29, 2023.
Interviews: TBD.
XI. CONTRACT NEGOTIATIONS
A. Contract Execution
Immediately following selection of the highest ranked Design-Build entity, representatives of the City and the Design-Build entity will meet to review and finalize Design-Build contract terms and conditions. The Design-Build Agreement will be substantially as the sample contract included in Attachment D.
The Design-Build contract will be executed within a thirty (30) day period following award of the Design-Build contract. In the event the City is unable for any reason to enter into a Design-Build contract with the selected DesignBuild entity within this period, the City reserves the right to terminate discussions with the otherwise successful Design-Build entity and, at the City’s sole option, to enter into a Design-Build agreement with the Design-Build entity next ranked firm as determined by the Proposal Evaluation Team.
18.c
Packet Pg. 651 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) Design-Build Gomez Park Page | 24
All required insurance certificates and payment and performance bonds, and any other requirements of the Public Contract Code must be submitted to and approved by the City before the City will execute the Design-Build contract.
B. Design Review
These RFP documents will become part of the Design-Build contract executed with the successful Design-Build entity and will take priority over anything to the contrary included, whether directly or indirectly, in the submittal of the Design-Build entity. The basis for contract award and the City's review of subsequent design and construction activities for conformity with contract documents will be this RFP. The submittal of the successful Design-Build entity will be incorporated into the final contract documents to the extent it does not conflict with or contradict any of the provisions, terms, conditions or requirements of this RFP.
The City will meet with the Design-Build entity as required during the contract execution phase, and during design completion to discuss and review in detail the Design-Build entity’s proposed enhancements for the purpose of confirming proposed changes or modifications in designs, materials, finishes, colors, configurations, layouts, equipment, systems or otherwise, to improve the overall design and quality of the proposed building, and/or to result in the development of a building which provides the highest possible level of functional, program and performance utility within the project budget established by the City. Value enhancement opportunities will be reviewed to provide the greatest benefit to the City and improve the overall functionality and performance of the building.
During the contract execution phase, the selected Design-Build entity may be required to provide the City with additional documentation and clarification of its Proposal, at no additional cost to the City. This proposal review period will continue for thirty (30) days following selection of the Design-Build entity to be awarded the Design-Build contract.
Design-Build entity Selection/Council Approval: TBD
18.c
Packet Pg. 652 Attachment: Gomez Park Design-Build RFP 5-15-23 (6047 : Gomez Park Award of Bid) City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Boards & Commissions
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
ACTION ITEM (ID # 6106) DOC ID: 6106
Discussion and any necessary action regarding the
appointment of City Council member to the Imperial Avenue Complete Streets Project Advisory Committee.
CITY MANAGER’S RECOMMENDATION:
1. Appoint a City Council Member to serve on the Project Advisory Committee.
FISCAL IMPACT:
Not applicable
STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:
Not applicable
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not applicable
BACKGROUND:
The City of El Centro has begun preparing the Imperial Avenue Complete Streets Plan.
The project includes the formation and convening of a Project Advisory Committee (PAC) to provide guidance to project staff, consider proposed alternatives, and maximize public involvement from the community. Members of the PAC will be encouraged to assist with the public participation component of the project by providing their input and by promoting community workshops, walk audits/field interviews participation, and surveys. It is expected that the PAC will meet four times beginning in October 2023. PAC meetings will be held online. Below is a summary of the PAC meetings proposed at this time:
• Meeting #1 - Introductory meeting and guidance on the outreach plan • Meeting #2 - Review issues and opportunities analysis, solicit feedback on existing conditions and possible solutions
• Meeting #3 - Review of proposed conceptual design and implementation strategies
• Meeting #4 - Review of the final concept plan
An excerpt from the project scope discussing the Project Advisory Committee is attached as Exhibit A.
DISCUSSION:
The PAC will consist of five to nine members. The planned composition of the PAC is as follows:
• One City Council member
19 Packet Pg. 653
Action Item (ID # 6106) Meeting of September 12, 2023
• One Planning Commission member
• One resident of the Lotus Living Student Housing
• One representative from the Imperial County Transportation Commission • One resident residing near the project area
In addition to the members above, staff is attempting to secure the participation of a representative from the El Centro Elementary School District and City of Imperial.
CONCLUSION:
City staff respectfully requests the City Council consider the following action:
1. Appoint a City Council Member to serve on the Project Advisory Committee.
ATTACHMENTS:
• Exhibit A - Project Advisory Committee Scope (PDF)
19 Packet Pg. 654
19.a
Packet Pg. 655 Attachment: Exhibit A - Project Advisory Committee Scope (6106 : Appointment to Imperial Avenue Complete Streets Project Advisory City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Library
El Centro, CA 92243 Category: Grant
Prepared By: Carla Mason
SCHEDULED Department Head: Carla Mason
ACTION ITEM (ID # 6107) DOC ID: 6107
Zip Book Grant Award Agreement
CITY MANAGER’S RECOMMENDATION:
Approve the California State Library Zip Book Grant Award FISCAL IMPACT:
None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
GOAL #4 - Recreation and Lifelong Learning
Action 4.6 - Support programs and amenities to further develop literacy, health, and education of children, youth, and seniors.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
The City of El Centro Library applied for a grant from the California State Library Zip Book Project to provide books to the community that are not currently in the library collection. In July 2023, the Library received the award letter from the state that the grant was approved for $10,727.00.
DISCUSSION:
This grant will provide books to the community through the Zip Book Program. In addition to providing the community with access to a wide range of books that can be delivered to their home, the program also adds to the Library collection when the new books are returned. It also bolsters the library collection by providing new books at no cost.
CONCLUSION:
The Library staff recommends the approval of the California State Library Zip Book Grant.
ATTACHMENTS:
• ZIP23-22_City_of_El_Centro_Zip_Books_Grant_A (PDF)
20 Packet Pg. 656
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
July 27, 2023
Mr. Cedric Cesena, Interim City Manager
City of El Centro
1140 North Imperial Avenue
El Centro, CA, 92243
Subject: Zip Books Project ZIP23-22
Dear Mr. Cedric Cesena:
We are pleased to approve the grant application for the Zip Book Project for a total of $10,727 in California Library Services Act funds to purchase books and prime membership. Over the 2023/24 grant period, please take steps to ensure that as many Zip Books as possible are added to your permanent library collection. These steps might include approving only those patron requests which meet your collection development guidelines and/or may appeal to your community.
Hard copies of this correspondence will not follow. Keep the entirety of the correspondence for your files and consider these award materials your original documents. For more information, please refer to the Zip Book Guidelines located on the State Library website.
Upon receipt of a completed claim form that is free of errors or inaccurate information, the State Library processes it for routing to the Office of the State Controller which ultimately issues the check. The total time for the claim form to be processed, routed, payment issued, and mailed can be up to eight weeks, but is often a shorter timeframe. If you still have not received payment after eight weeks, please contact your grant monitor.
The Grant Monitor assigned to your project is Monica Rivas. She is available to assist you throughout the year and she can be reached via email at [email protected].
Please stay in touch with your Grant Monitor throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
DocuSign Envelope ID: 8C431C3D-07B5-481F-8FDF-96E9A12591E9 In Process
20.a
Packet Pg. 657 Attachment: ZIP23-22_City_of_El_Centro_Zip_Books_Grant_A (6107 : Zip Book Grant Award) Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
CC: Monica Rivas, [email protected]
Lena Pham, [email protected]
Carla Mason, [email protected]
DocuSign Envelope ID: 8C431C3D-07B5-481F-8FDF-96E9A12591E9 In Process
20.a
Packet Pg. 658 Attachment: ZIP23-22_City_of_El_Centro_Zip_Books_Grant_A (6107 : Zip Book Grant Award)
STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: 8C431C3D-07B5-481F-8FDF-96E9A12591E9 In Process
20.a
Packet Pg. 659 Attachment: ZIP23-22_City_of_El_Centro_Zip_Books_Grant_A (6107 : Zip Book Grant Award) City of El Centro
Zip Books Project
2023-2024 ZIP23-22