FOR THE COUNCIL MEETING OF MAY 7, 2024
COUNCIL AGENDA REPORT
TO: City Council
FROM: Interim City Manager Alex Posada
BY: Interim Director of Community Development Dana Eady
SUBJECT: Employee Housing Resource Officer Annual Report
Description:
The City Council will receive, review, and file the Employee Housing Resource Officer annual report.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
BACKGROUND:
On July 15, 2021, the City of Santa Maria entered into a Voluntary Compliance Agreement (Agreement) with the U.S. Department of Housing and Urban Development (HUD), Office of Fair Housing and Equal Opportunity. The Agreement is a result of an investigation of the City’s Employee Housing Ordinance completed by HUD in 2021. The Agreement required the City to repeal its Employee Housing Ordinance d ue to its potential to result in the restriction of housing for people from a specific country or national origin, defined as a Federally protected class. The Ordinance was repealed on July 20, 2021, and the Agreement between HUD and the City of Santa Mari a is in effect for five years. This annual report presents a summary of the performance/trends/lessons learned resulting from the implementation of the Agreement.
DISCUSSION:
The Agreement specifies timelines for the completion of requirements such as t he development of a Language Access Plan (LAP) and a work plan that implements the plan and includes the creation of a “complaint reporting system” for any alleged housing discrimination. A Fair Housing Training/Symposium is conducted annually, and the City has also established an Employee Housing working group to meet periodically to discuss Employee Housing and any challenges or items to review.
The City has continued implementation of the L AP and all staff are trained in its procedures. Employees have a ccess to the list of City employees certified to translate and interpret in the workplace and have access to translated documents, forms, and brochures for printing and distribution to those who need them . The City’s website provides a Google translate function to ensure that all notices, programs, and other City documents can be translated into any language. The work plan to implement the L AP 2 includes procedures for the E mployee Housing Resources Officer (EHRO) to follow if a complaint regarding Employee Housing is filed. This process has been provided on the City’s website along with the EHRO’s contact information. To date, the EHRO has not received any complaints regarding housing discrimination in the City or regarding the quality and/or safety of occupied Employee Housing Units.
To encourage coordination between the City and owners, operators, and residents of Employee Housing, the Agreement requires the EHRO to establish an Employee Housing working group, inviting the owners/operator s of Employee Housing, farm owners/operators, and advocates for H2A visa-holders to participate. The working group has been established and most recently met on April 17, 2024. Topics of discussion have included housing inventory, fiscal challenges, and th e overall needs of H2A workers.
Additional meetings with the working group will be conducted throughout 2024. The Agreement also requires the City to plan an annual Fair Housing Training/Symposium.
On April 14, 2023, training was provided by the Legal Aid Foundation on tenants’ rights.
The Legal Aid Foundation will be providing the next training in June 2024.
The EHRO will continue to facilitate the implementation of the requirements of the Agreement and provide the City Council with a report annually. This report is intended to provide the City Council with an update as to the status of compliance with the Agreement and any resulting performance/trends/lessons learned. At this time, the City is in compliance with the Agreement and has been coordinating wit h HUD to complete all requirements.
Fiscal Considerations
The implementation of the terms of the Agreement by the EHRO has some fiscal impact on the City with work hours covered by the Interim Director of Community Development, and other City staff and training consultants. There could be punitive fiscal impacts to the City if HUD were to find that there is a failure to carry out the terms of the Agreement resulting in a material breach. This may result in a suspension, termination, or refusal to grant or to continue Federal financial assistance to the City. This is a determination that would be made by HUD, and the city would have seven days to cure any breach following notice by HUD before any enforcement actions were initiated.
Impact to the Community
The continued implementation of the Agreement by the EHRO will have a positive impact to the Community. The implementation of the terms of the Agreement will continue the City of Santa Maria’s efforts to ensure meaningful access to City programs and activities by all Santa Maria residents.
ATTACHMENTS
A. Spanish - Report - Employee Housing Resource Officer 2024 B. Executed Voluntary Compliance Agreement