City Council
December 17, 2024
AGENDA REPORT
TO: Jestin D. Johnson FROM: Emily Weinstein
City Administrator Director, Department of
Housing & Community
Development
SUBJECT: MOU for FY 2025-30 Regional
Analysis of Impediments to Fair
Housing Choice
DATE: November 7, 2024
City Administrator Approval Date:
RECOMMENDATION
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ALAMEDA,
CITIES OF ALAMEDA, BERKELEY, FREMONT, HAYWARD, LIVERMORE,
PLEASANTON, SAN LEANDRO, AND UNION CITY, THE HOUSING
AUTHORITY OF THE COUNTY OF ALAMEDA, THE HOUSING AUTHORITY OF
THE CITY OF ALAMEDA, THE BERKELEY HOUSING AUTHORITY, THE
HOUSING AUTHORITY OF THE CITY OF LIVERMORE AND THE OAKLAND HOUSING AUTHORITY REGARDING THE COMPLETION OF THE 2025 -2030
ALAMEDA COUNTY REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE FOR A ONE -YEAR TERM FROM JUNE 1, 2024 TO MAY, 31, 2025 WITH AUTHORITY TO EXTEND THE TERM
EXECUTIVE SUMMARY
The City of Oakland’s (City) Housing and Community Development Department (HCD) seeks Oakland City Council approval to enter into a Memorandum of Understanding (MOU) with the Alameda County Home Consortium (the Consortium) and several other local jurisdictions to create and produce the Fiscal Year (FY) 2025-30 Regional Analysis of Impediments to Fair Housing Choice (Regional AIFHC) report, a mandated report from the federal Housing and Urban Development (HUD) agency. The MOU stipulates that all participating partners receive a copy of the report and are expected to contribute to the consulting costs of procuring this report.
The total amount for the consulting will be $86,885, and each jurisdiction is paying in proportion to their percent of the County’s overall population. The City of Oakland’s portion will be $19,593.
Jestin Johnson (Dec 4, 2024 10:57 PST)
Dec 4, 2024
Jestin D. Johnson, City Administrator
Subject: Alameda County HOME Consortium MOU
Date: November 7, 2024 Page 2
City Council
December 17, 2024
Oakland HCD received its last Regional AIFHC report in 2020. Staff therefore recommends that City Council adopt the proposed resolution which will allow the City Administrator to enter into a MOU with the Consortium in order to receive the FY25-30 Regional AIFHC report.
BACKGROUND / LEGISLATIVE HISTORY
In 2015, HUD adopted the Affirmatively Further Fair Housing (AFFH) rule which required recipients of HUD Community Planning & Development (CPD) funds to develop and submit an Assessment of Fair Housing (AFH), which included community input, an analysis of housing data, and identification of fair housing issues and contributing factors to set fair housing priorities and goals.
However, the federal government then suspended the Affirmatively Further Fair Housing rule in 2018. In response, the California legislature passed Assembly Bill No. 686 to incorporate AFFH into state law to ensure that CPD fund recipients continue to affirmatively further fair housing and take meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination.
In 2019, the City of Oakland formed a regional collaborative with several other local jurisdictions for the purpose of completing a Regional Analysis of Impediments to Fair Housing Choice (Regional AIFHC) into the foreseeable future to meet Assembly Bill No. 686 requirements. This group named itself the Alameda County Home Consortium and produced the FY 2020-25 Regional AIFHC report.
Oakland HCD brought this report to Oakland City Council for a resolution to accept and adopt the Regional AIFHC as Oakland’s. On February 4, 2020, City Council approved this resolution (88032 C.M.S
.).
The group, which is composed of Alameda County, 9 cities, and 5 Housing Authorities, is now working again to create a FY2025-30 Regional AIFHC report with a formal MOU created to support the collaboration. The City of Oakland is required to sign this MOU in order to receive its copy of the FY 2025-30 Regional AIFHC report.
ANALYSIS AND POLICY ALTERNATIVES
This report supports the Citywide priority of Affordable Housing & Homelessness Solutions through having City Council authorize Oakland HCD to enter into the Alameda County Home Consortium, which is producing the FY2025-30 Regional AIFHC report. The Consortium is an innovative inter-agency approach to helping local jurisdictions determine the extent to which their area is having impediments to Fair Housing. Participating in the Consortium helps Oakland HCD meet its requirements to affirmatively further fair housing through analyzing possible impediments and submit said report to HUD per the language of Assembly Bill 686 from the California State Legislature. Oakland HCD will use the FY 2025-30 Regional AIFHC report to support other required documents it submits to HUD, including its Five Year Consolidated Plan.
Jestin D. Johnson, City Administrator
Subject: Alameda County HOME Consortium MOU
Date: November 7, 2024 Page 3
City Council
December 17, 2024
Participation in the Consortium involves collaborating on selecting the consultant to support and coordinate the creation of the Regional AIFHC. It also entails helping to create community engagement strategies that aligns with each local jurisdiction’s needs. As there is a cost to produce the report, signing the MOU requires each jurisdiction to pay their portion of consulting fees.
MOU Authorization
Article IV, Section 401(6) of the City Charter requires that the City Council authorize the City Administrator to enter into an agreement between the City and another agency or organization.
The Alameda County Home Consortium MOU has not been presented to the City Council prior to this report. However, Oakland HCD has received prior reports from the Consortium, including the FY2020-25 Reginal AIFHC report. Signing this MOU will support Oakland HCD in receiving the FY2025-30 Regional AIFHC report.
FISCAL IMPACT
The MOU stipulates that all participating jurisdictions contribute to paying for resulting costs for producing the FY2025-30 Regional AIFHC report. The consulting costs for the report total to $86,885, and Oakland’s contribution is $19,593. Oakland HCD has available funding through its Fair Housing Ordinance Program as a part of its Community Development Block Grant (CDBG) programming. Funds are available in HUD-CDBG Fund (2108), CDBG Coordination Organization (89949), Fair Chance Ordinance_FY23 Project (1006448), Community Development (CDBG) Program (YS11).
PUBLIC OUTREACH / INTEREST
No outreach was required for this report beyond City Council agenda noticing procedures.
COORDINATION
This report was completed in coordination with the City Attorney’s Office and Finance Department.
SUSTAINABLE OPPORTUNITIES
Economic: There are no economic opportunities associated with this report.
Environmental: There are no environmental impacts of this action.
Race & Equity: Black Oakland residents are disproportionately experiencing homelessness due to housing discrimination. This MOU will support the City of Oakland in identifying the impediments that residents face to getting fair housing. Participating in the Alameda County Jestin D. Johnson, City Administrator
Subject: Alameda County HOME Consortium MOU
Date: November 7, 2024 Page 4
City Council
December 17, 2024
Home Consortium MOU supports Oakland HCD in its larger goal of preventing the displacement of Oakland’s most marginalized communities, especially its Black residents.
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That City Council Resolution Authorizing The City Administrator To Enter Into A Memorandum Of Understanding With The County Of Alameda, Cities Of Alameda, Berkeley, Fremont, Hayward, Livermore, Pleasanton, San Leandro, And Union City, The Housing Authority Of The County Of Alameda, The Housing Authority Of The City Of Alameda, The Berkeley Housing Authority, The Housing Authority Of The City Of Livermore And The Oakland Housing Authority Regarding The Completion Of The 2025- 2030 Alameda County Regional Analysis Of Impediments To Fair Housing Choice For A One-Year Term From June 1, 2024 To May, 31, 2025 With Authority To Extend The Term.
For questions regarding this report, please contact Ecaterina Burton, Monitoring & Evaluation Supervisor, at 510-238-2083.
Respectfully submitted,
Emily Weinstein
Emily Weinstein (Dec 3, 2024 10:49 PST)
Emily Weinstein
Director, Housing & Community Development
Department
Reviewed by:
Hugo Ramirez, Deputy Director, Housing &
Community Development Department
Prepared by:
Ecaterina Burton, Monitoring & Evaluation
Supervisor,
Community Development & Engagement
Division
Attachment (1):
A. Regional AIFHC Memorandum of Understanding