Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  22-000492

 

MEETING DATE:

10/04/22

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Community Resources   (Approved)

Department contact person(s):

Dylan Wright (714) 480-2788 

 

 

Julia Bidwell (714) 480-2991

 

 

Subject:  Substantial Amendment to FY 2021-22 Annual Action Plan

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Public Hearing

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: See Financial Impact Section

Annual Cost: See Financial Impact Section

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: $5,017,613

  Funding Source: FED: 100% (HOME-American Rescue Plan)

County Audit in last 3 years: No

 

 

    Prior Board Action: 6/22/2021 #72

 

RECOMMENDED ACTION(S):

 

 

1.

Per Title 24 Code of Federal Regulations Section 91.105, conduct a public hearing and consider public comments for inclusion in the Substantial Amendment to the FY 2021-22 Annual Action Plan to approve the use of HOME Investment Partnership American Rescue Plan funding as identified in Attachment B.

2.

Approve Substantial Amendment to the FY 2021-22 Annual Action Plan to approve the HOME Investment Partnership American Rescue Plan Allocation Plan as required by the U.S. Department of Housing and Urban Development for use of $5,017,613 in HOME American Rescue Plan funding as identified in Attachments B and C.

3.

Authorize OC Community Resources Director or designee to increase 2020 Supportive Housing Notice of Funding Availability by $4,264,972 (or subsequent Notice of Funding Availability) as approved by the Board of Supervisors) and return to the Board of Supervisors for funding commitments to individual projects.

4.

Authorize the OC Community Resources Director or designee to sign and submit all agreements, contracts, ministerial administrative documents for implementation of the Substantial Amendment to the FY 2021-22 Annual Action Plan and Home Investment Partnership American Rescue Plan Allocation Plan including all U.S. Department of Housing and Urban Development Grant Agreements and forms in accordance with funding availability and make any non-material changes as may be required by U.S. Department of Housing and Urban Development.

 

 

 

 

SUMMARY:

 

Conducting a Public Hearing and approving a Substantial Amendment to the FY 2021-22 Annual Action Plan and the HOME Investment Partnership American Rescue Plan Allocation Plan, will allow for the use of HOME-American Rescue Plan funding, to increase the 2020 Supportive Housing Notice of Funding Availability or subsequent Notice of Funding Availability for the development of supportive housing and will satisfy the U.S. Department of Housing and Urban Development federal requirements for submission of a Substantial Amendment and the HOME-American Rescue Plan Allocation Plan. 

 

 

 

BACKGROUND INFORMATION:

 

Substantial Amendment to FY 2021-22 Annual Action Plan

On June 22, 2021, the Board of Supervisors (Board) approved the FY 2021-22 Annual Action Plan (AAP). A Substantial Amendment is required to submit a HOME Investment Partnership Rescue Plan (HOME-ARP Allocation Plan) for the use of the $5,017,613 in HOME-American Rescue Plan funding received by the Urban County from the U.S. Department of Housing and Urban Development (HUD). HOME-ARP funds were made available to HOME entitlement jurisdictions under the American Rescue Plan Act and may be used for production or preservation of affordable housing; tenant-based rental assistance; supportive services, homeless prevention services, housing counseling and/or purchase and development of non-congregate shelter. Approximately 15 percent or $752,641 of the total funding is set aside for administration.

 

As required by HUD, a meeting was held to consult with the Continuum of Care and stakeholders on the proposed use of the funding. The County of Orange (County) also consulted with the 12 participating cities and the Housing & Community Development Commission. As a result, the funds are being recommended for the development of permanent supportive housing through the County’s Permanent Supportive Housing Notice of Funding Availability which is consistent with the current use of HOME funding and the Housing Funding Strategy to develop 2,700 units of supportive housing by 2025. An Allocation Plan was developed for the use of the funds and is included in the Substantial Amendment to the FY 2021-22 AAP.  Comments received as part of the consultation process are included and addressed in the Plan.

 

On August 26, 2022, OC Community Resources released a 30-day Public Notice and comment period for the proposed Substantial Amendment to the FY 2021-22 AAP to add the HOME-ARP Allocation Plan outlining the recommended use of these funds. The Notice was published in the Orange County Register, La Opinion and Nguoi Viet;  an electronic version is available at the OC Housing and Community Development website; and printed copies were also made available at the OC Housing and Community Development office. No comments have been received to date.

 

 

Compliance with NEPA: As defined under the National Environmental Policy Act per 24 CFR 58.34 (a)(3), the proposed activity is exempt.

 

Compliance with CEQA:  This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since the actions authorize herein is the approval of the AAP for the allocation of funding for specific housing and community development programs, promote fair housing opportunities and provide approval of federal, state and local resources allocated for future activities and to add HOME Investment Partnership American Rescue Plan funds for permanent supportive housing to the AAP. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed in compliance with CEQA.

 

 

 

 

 

FINANCIAL IMPACT:

 

Revenue and Appropriations ($4,264,972 for loans and $752,641 for administration) for this grant are included in Fund 15G FY 2022-23 Budget, will be included in the budgeting process for future years and will be included in Fund 15G Affordable Housing Loans in the 2020 Notice of Funding Availability or subsequent Notice of Funding Availability.

 

 

 

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - FY 2021-22 Annual Action Plan
Attachment B - Substantial Amendment to FY 2021-22 Annual Action Plan
Attachment C - HOME-ARP Allocation Plan
Attachment D -24 CFR Section 91.105
Attachment E - Citizen Participation Plan
Attachment F - Public Notice
Attachment G - HOME-ARP Notice CPD-21-10
Attachment H - Affidavit of Publication