3384206v1/SW
APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
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 AUTHORI TY TO
EXTEND THE TERM
WHEREAS, in 2015, the United States Department of Housing and Urban Development (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; and
WHEREAS, in 2018, the federal government effectively suspended AFFH; and
WHEREAS, in 2018, in response to the suspension of AFFH, 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, foster inclusive communities that are free from discrimination, transform Racially or Ethnically Concentrated Areas of Poverty (R/ECAP) into areas of opportunity, and foster and maintain compliance with civil rights and fair housing laws; and
WHEREAS, the County of Alameda through the Alameda County Housing & Community Development Department (ACHCDD) as the lead agency, the cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland,
2 Piedmont, Pleasanton, San Leandro, and Union City, and the housing authorities for County of Alameda, Alameda, Berkeley, Livermore, and Oakland (Participating Jurisdictions) formed a regional collaborative in 2019 called the Alameda County HOME Consortium for the purpose of completing a Regional Analysis of Impediments to Fair Housing Choice (Regional AIFHC) into the foreseeable future; and
WHEREAS, the FY2025- 30 Regional AIFHC will serve as an update to the current AIFHC completed by the Participating Jurisdictions in 2020; and
WHEREAS, the FY2025- 30 Regional AIFHC is being prepared jointly by the Participating Jurisdictions in accordance with the AFFH rule as required by Assembly Bill No. 686; and
WHEREAS, Oakland’s Housing & Community Development Department (Oakland HCD) participated in the previous Regional AIFHC report preparation and has staff assigned to support the development of FY2025-30 Regional AIFHC; and
WHEREAS, the following nine policies and goals identified in the Regional AIFHC align with the City of Oakland’s priorities for affordable and fair housing to:
1. Promote fair housing enforcement and outreach
2. Maintain, improve, and implement local policy that supports affordable housing and fair housing
3. Promote and implement new fair housing laws that protect recipients of rental subsidies from discrimination by landlords
4. Preserve and rehabilitate existing affordable housing stock
5. Increase the number of affordable housing units
6. Increase homeownership among low- and moderate-income households
7. Maintain and expand supportive services for lower-income households
8. Maintain and expand awareness of affordable housing opportunities and services through marketing efforts
9. Continue to find ways to finance affordable housing, community development, and economic development activities
WHEREAS, Oakland HCD staff seek s authority to enter into a memorandum of understanding (MOU) with the Participating Jurisdictions to complete the Regional AIFHC for a one year term from June 1, 2024 to May 31, 2025, with authority for the City Administrator to extend the term, if required to complete the purpose of the MOU;
WHEREAS, the proposed MOU, entitled “Intergovernmental Collaboration Agreement for the Completion of the Assessment of Fair Housing” is attached hereto as Attachment A;
WHEREAS, Article V, Section 504(1) of the Oakland City Charter requires that the City Council approve all joint governmental contracts such as between Oakland HCD and other governmental agencies; and
3 WHEREAS, the Participating Jurisdictions are each covering their proportionate share of the consulting costs required for the Regional AIFHC; and
WHEREAS, the City of Oakland’s proportionate share of the consulting costs is nineteen thousand five hundred ninety-three dollars ($19,593); and
WHEREAS, the City of Oakland has funding available in the Housing and Community Development Department’s Fair Housing Ordinance program budget as a part of its Community Block Development Grant programming in HUD- CDBG Fund (2108), CDBG Coordination Organization (89949), Fair Chance Ordinance_FY23 Project (1006448), Community Development (CDBG) Program (YS11); and
WHEREAS, the policies and goals identified in this Regional AI FHC will be incorporated into each Participating Jurisdictions’ Five -year Consolidated Plan (FY 2025/26- 2029/30), Annual Action Plan, and Housing Element report; now, therefore, be it
RESOLVED: That the City Council authorizes the City Administrator to enter into the proposed MOU attached hereto with the County of Alameda County and Participating Jurisdictions to participate in the creation of the FY2025- 30 Regional Analysis of Impediments to Fair Housing Choice Report with authority to extend the term of the MOU without returning to Council.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
ATTACHMENT A