HomeMy WebLinkAboutCalifornia, State Of; 1979-05-15; Fair Employment‘ ‘
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RESOLUTION NO. 5773
CITY OF CARLSBAD RESOLUTION ESTABLISHING AN AFFIRMATIVE FAIR HOUSING MARKETING PLAN
RESOLVED by the City Council of the City of Carlsbad, State
of California; that
WHEREAS, the California Fair Employment Practice Commission,
pursuant to authority contained in. State of California Memorandum
subject: Affirmative Fair Housing Marketing Guidelines, adopted &
June 2, 1977, may, at its discretion, enter into a Memorandum
of Understanding with the County of San Diego to jointly admin-
ister an Affirmative Fair Housing Marketing Plan within the City
of Carlsbad; and
WHEREAS, it is the determination of this Council that it '.
is in the best interests of the City of Carlsbad to be a party
to such Memorandum of Understanding with the California Fair
Employment Practice Commission; and
WHEREAS, it is necessary for this Council to adopt rules,
regulations and administrative prqcesses in order to implement
an Affirmative Fair Housing Marketing Plan and thus enter.into
such a Memorandum of Understanding; and
WHEREAS, it is the de ;irr! of this Council to set forth the
conditions under which certain sponsors/developers are exempted
from compliance with the Affirmative Fair Housing Marketing Plan;
and
tjHEREAS, it is theydesire of this.Council to set forth the
conditions under which ce&ain sponsors/developers are exempted . c
from compliance with the Affirmative Fair Housing Marketing Plan;
and
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WHEREAS, it is the concern of this Council that quality
housing be available to its citizens; and
WHEREAS, there is need to reestablish the concept of-an
open community wherein persons are free to live where they choose
irrespective of race, color, religion, national origin, ancestry,
sex or marital status; and
WHEREAS, the Council acknowledges the need to take affirma-
tive action to expand the opportunities of all peoples to live
where they choose; and
WHEREAS, the Council desires to reaffirm the City's commit-
ment to take affiramtive action to provide a balanced community
environment for its citizens;
NOW, THEREFORE, IT IS RESOLVED, ORDERED AND DECLARED that
the attached Exhibit A which sets -forth rules, regulations and
administrative processes of the Affirmative Fair Housing Marketing
Plan (AFHMP) is hereby approved and adopted by this'council.
PASSED, ADOPTED AND APPROVED by the City Council of the City
of Carlsbad, State of California,'this 15th day of May
1979, by the following vote:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler NOES: None
ABSENT: None * E&/k&J
RONALD C. PACKARD, Mayor
(SEAL)
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10 (hereinafter called the Division), as parties of the First Part,
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the City of Carlsbad,. California (hereinafter called the City),
Party of the Second Part.
WHEREAS, the California Fair Housing Law, Part 5 (commencing
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with Section 35700) of Division 24 of the Health and Safety Code
(hereinafter called the Fair Housing Law) prohibits discriminatio
on the basis of race, colon, religion, sex, marital status,
national origin, or ancestry'in housing accommodations.
22 WHEREAS, the Commission'and the Division are empowered by
23 Labor Code Section 1419.5 to prevent discrimination in housing
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Exhibit A to
Ret ution 5773
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, made and entered into
this I by and between the
California Fair Employment Practice Commission (hereinafter calle
the Commission), the Division of-Fair Employment Practices of
the Department of Industrial Relations of the State of California
AND
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as provided in Part 5 commencing with Section 35700 of Division
24 of the Health and Safety Code.
WHEREAS, Health and Safety Code Section 35730.6(d) authorize
the Division to obtain upon request and utilize the services of
all governmental departments and agencies and conciliation
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Attachment "B"
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councils, the Division wishes to.exercise'that authority. Labor
Code Section 1419.7 empowers the Division to provide assistance .
to communities and persons in resolving disputes, disagreements
or difficulties relating to discriminatory practices which
impair the rights of persons in such communities under the
-constitution or laws of the United States or of the State of
California. Such assistance shall consist of endeavors at
conference, conciliation, and persuasion.
WHEREAS, the Commission wishes to designate the City as an
advisory -agency and conciliation council with the limited charge
of implementing a program to further the purposes of the Fair
Housing Law in the area of Fffinnative Fair Housing Marketing.
WHEREAS, the Commission has promulgated guidelines in the '. I/ area of Affirmative Fair Housing Marketing.
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NOW, THEREFORE, THIS MEMORANDUM OF UNDERSTANDING
'WITNESSETH THAT:
1. The Commission, the Division, and the City agree to
establish a program which will provide for a combination of
efforts between the Commission, the Division, and the City in
order to eliminate discrimination in housing within the City.
The Office of Contract Compliance or other entity authorized by
the City shall act as the laison between the Commission, the
Division, and the City.
2. The Contract Compliance Coordinator or other duly authorized
person charged by the City with the administration of the
Affirmative Housing Marketing Plan (hereinafter referred to as
Authorized Agent) shall be charged with the responsibility of
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1 carrying out the duties of the City in the implementation of this
2 program.
3 3. The authorized agent shall, under this agreement, be-
4 charged with the following duties and responsibilities:.
A. The authorized agent shall accept for purposes of .
review, evaluation, and-approval all Affirmative Fair
Housing Marketing Plans (hereinafter referred to as Plans)
which'are submitted to the City for approval.
B. The authorized agent shall develop a program of
evaluation which entails the standards and requirements set
out by the Commission in its Guidelines.
C. The authorized agent shall review all'plans and approve
or disapprove such plans.
D. The authorized agent shall maintain a record of all
plans submitted to it and the outcome of its determination.
as to the adequacy of the plan.
E. The authorized agent shall submit to the Commission
plans which such entity has approved for the purpose of
Commission ratification of the authorized agent's determina-
tion.
F. The Commission shall ratify or disapprove the authorize
agent's determination as provided for in the Commission's .
guidelines on Affirmative Fair Housing Marketing.
.G. When a plan is disapproved by the authorized agent
such plan shall be submitted to the Commission with a
recommendation and report. The Commission may, at its
discretion, refer the matter to the Chief of the Division,
and request that the Chief or a duly authorized represen-
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tative engage 'in persuasion and conciliation with the.rele-
vant parties, pursuant to Section 1419.7 of the Labor
Code. The Chief of the Division may also undertake any
other action he or she deems appropriate.
H. After a plan is deemed approved by the Commission, the'
authorized agent shall have primary responsibility for
monitoring and conducting reviews of compliance with the
approved plan. The authorfzed agent shall provide the
Commission with a report of such reviews as set forth in the
Guidelines on Affirmative Fair Housing Marketing.
I. If the authorized agent finds that there has not been
compliance with the approved plan, the authorized agent
shall refer the matter to the Commission for further action
as provided for in the Guidelines. The Commission may, at
its discretion, refer the matter to the Chief of the Division *
. and request that the Chief or a duly authorized represen-
tative engage in the process of conference, persuasion, and
conciliation with the relevant parties, pursuant to Section
1419.7 of the Labor Code.
J. Once the first sales, rentals or leases of all the
relevant units of a particular plan are completed, the
authorized agent shall submit to the Commission a report
on such sales, rentals, or leases and compliance with the
24 /I plan.
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K. This Memorandum of Understanding shall be revocable by
26 the Commission and the Division at their discretion.
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IN WITNESS WHEREOF, the parties hereto have caused this
Memorandum of Understanding to be executed by their duly
authorized officers, the day and year first written
above.
c FAIR EMPLOYMENT PRACTICE COMMISSION
Chief; '.
DIVISION OF FAIR EMPLOYMENT PRACTIC:
CITY OF CARLSBAD
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THE .
CITY OF CARLSBAD
AFFIRMATIVE FAIR HOUSING MARKETING PLAN (AFHMP)
Part I - General
POLICY
Citizens of the City of Carlsbad shall be free to live where they choose irrespective of race, color, religion, national origin, ancestry, sex -or marital status.
OBJECTIVES .
1. To promote a condition in which individuals of similar income levels have the same opportunity to obtain housing.
2. To encourage the establishment of racially balanced communities.
APPLICABILITY
This Affirmative Fair Housing Marketing Plan (hereinafter referred to as AFHMP) shall be applicable to sponsors/developers (hereinafter referred to as Applicants) who ap:ply to the City of Carlsbad ‘for:
1. Building permits for subdivisions and multi-family projects .which will be constructed for the purpose .of sale, rental or lease.
2. Special use permits for mobile home parks, planned residential developments, and multi-family residences.
NOTE: If an Applicant contracts marketing responsibility to another party through contractual agreement or sale, this AFHMP . . . shall be applicable to such party. The requirements of this AFHMP shall be applicable to the original successors- in-interest of an Applicant insofar as the first sales, rentals, or leases to the public are concerned.
EXEMPTIONS
Ppplicants in the following categories are exempt from the pro- visions of this AFHMP:
1,. Those who apply for building permits for a subdivision pro- ject involving less than 20 dwelling units for sale.
2. Those who apply for building permits for a multi-family .
Attachment "D"
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project and/or special use permits for a mobile home park involving less than 10 dwelling units for rent or lease.
3. Those who apply for building permits for dwellings to be. listed as hotels or motels.
4. Those who are or become voluntary signatories to the Depart- ment of Housing and Urban Development/Building Contractors Association (HUD/BCA) Affirmative Marketing Agreement.
Part II - Procedures
APPLICANT SALES,, RENTAL AND LEASE INTEGRATION GOALS
1. Sales integration goals shall be:
A. Cost of Housing Minority Integration Goals Up to $62,000 - 20%
$62,001 to 85,000 15%
$85,001 and over 1‘0%
B. Cost of Housing Up to $62300 White Integration Goals
80%
$62,001 to 85,r)OO 75% .
$85,001 and over 70% -
2. Rental and lease integration goals shall be: For all housing costs 30% minority and 70% white.
3. Integration goals shall be reveiwed annually and adjusted accordingly when there are significant changes in the cost of housing.
APPLICANT AFFIRMATIVE FAIR HOUSING MARKETING PLAN (AFHMP)
Each applicant shall submit an Affirmative Fair Housing Marketing Plan (hereinafter referred to as Plan) to the City of Carlsbad Contract Compliance Officer or Duly Authorized Agent before the issuance of any building permit or special use permit which is .
subject to this policy. The Plan shall be in effect until all units are sold, rented or leased and shall contain, but not be limited to the following: .
1. Designation of a qualified official to perform duties of Equal Opportunity Officer. This official will be given the responsibility for assuring Applicant compliance with this Plan.
2. Demographic information of the area in which the project is located.
3. Anticipated.market based on racial composition of the area.
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4. Sales, rental, or lease goal which has been determined based upon the demographic makeup of the area.
5. Outreach efforts which will be taken to attract the appro- priate racial group(s) to the housing market.
6. Name(s) of minority/nonminority media which will be used, and expected frequency of use.
7. Assurance that radio advertisements.will use the equal housing opportuni!y slogan.
8. Assurance that T.V. advertisements will use either the equal housing opportunity logo or slogan.
9. Assurance that all billboard signs, brochures, handouts, and newspaper and magazine advertisements will have an equal housing opportunity logo and slogan of appropriate size.
10. Description of bilingual sales, rental or lease advertising -which will be used.
11. Assurance that one fair housing poster in English and one in Spanish will be posted in the project sales or rental/lease office and one fair housing poster in English will be posted in each housing model..
12. Names of community organizations which will be given informa- tion concerning the project. *
'13.' Description of affirmative action recruiting and hiring policy for staff engaged in sale, rental or lease of housing.
14. Information concerning the racial composition of the staff.
I 15. Summary of training to be provided to the staff on local, state and federal fair housing laws and on affirmative housing principles.
16. A statement of intent to participate in the County of San Diego Housing Referral Service, when implemented.
17. Assurance that sales, rental or lease reports will be sub- mitted to the City of Carlsbad Contract Compliance Officer by the 5th day of each month for the preceding month until all units are sold, rented, or leased. These reports shall include:
A. Name, location and census tract of project.
B. Total number of units in the project.
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Cumulative number of units sold, rented, or leased during the month reported.
Cumulative number of units sold, rented, or leased by racial ethnic grouping during the month reported.
A statement in percent of the sales, rental, or lease integration goal as determined by housing costs.
A statement in percent of the sales, rental, or lease integration goal which has been achieved to date.
If the achieved integration goal to date is below the integration goal established from housing cost data, a
sunpnary of affirmative marketing action which shall be taken to bring the achieved goal up to parity.
18. Assurance that the Plan, when approved by the City of Carlsbad shall be posted at the sales, rental, or lease office with the address and telephone number of the Contract Compliance Officer in plain view for public inspection by an interested group or individual.
19. Assurance that the Plan, when approved, shall not be modified without the concurrence of the Contract Compliance Officer.
.C!ITY OF CARLSBAD RESPONSIBILITIES
The Contract Compliance Coordinator (hereinafter referred to as Authorized Agent) shall be charged with the responsibility of carrying out the duties of the City of Ctirlsbad in the implemen- tation of this plan. Duties of the Authorized Agent shall include the following:
1. The review and approval or disapproval of Applicant Plans.
2. Assisting the Applicant in revising a disapproved plan and providing continuing technical assistance to the Applicant through the period of initial sale, rental, or lease. 7,
3. . The monitoring of applicant's sale', rental, or lease activity for compliance with this AFHMP and Applicant's Plan. Compli- ance determinations will be based on result% achieved and the Applicant's documented good faith efforts.
4. Investigation into all complaints of violations of this AFIIMP and/or Applicant Plans and determination as to whether corrective action is required.
5. When corrective action is needed, determination as to whether the corrective action can-be initiated by the City of Carlsbad or whether th'e matter.should be referred for
resolution to the State of California Fair Employment
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Practice Commission who may, at its discretion, direct the noncomplying party to submit to the process of conference, conciliation or pursuasion.
6. The submission of Plans and reports to the State of California Fair Employment Practice Commission.
JWj . 4/19/79
Hay 22s 1979
;t;isfg gf fWr Ewplayumt PracMms
&'Fmct ta, CA $4101 IF
' Mentianr: Allee A. tytle, Chief
The CwltiMd crty CWMM, rt tbm #9&W; 118179 aeatlng, adophd Rotolut&on !lo, UP& establltRtng)~6~ Affirmtlue Fair Housing Wlrketfng Plan ml Snstruoting duff to Mtl&te I Ibwndup of Understmdfng w+th the CalWwnfa State Fair iDBplu#mt Pmefic~s Canraitslan.
.
Emlared plrsrm PInd a letter f'rcm tcrQ Asatstmt Redmelop- meat corprd~nr~r it& the orfgfnat Wwaadul of i;lndmtaM?ng whleh hilts bnn emeuted by the City, ff ym find thq Uum- randie of Undemkndtng to be ?a campl-!me wtth your stan-
drrds, phase sign and return same bio thf$ otfEcs ~~msm at posttble.
Mm emlesed for your mccwl;ds is 4 copy of.tho Memormdun of Understanding and 8 copy of ltssulutlcm +. 6773, adopting
SW.
Tf you have my qu@lotls regmding tMr metrr, plem do
not hesttak ta ean%aef this office. Tbmk yet4 fer your arslstmcr In Ms m*ter.
Al.E"fM 1. RAUTERKRAHZ City Clmk
MR:krs
Enclosures (3)
66: Redevelopment Cwrdlnator