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HomeMy WebLinkAbout1998-06-23; City Council; 14742; Municipal Code Changes On Housing CommissionCITY OF CARLSBAD - AGEWA BILL 4B# /y,q 4 a- TITLE: VITG. 6-a-3 / ?b AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 2.40 - HOUSING COMMISSION DEPT. H/RED RECOMMENDED ACTION: Introduce . . . ..A 16 & CITY ATTY. Gzz City Council Ordinance No.NS - 7 Uy , Amending Chapter 2.40 of the Carlsbad Municipal Code to revise membership and responsibilities of Housing Commission. ITEM EXPLANATION At the direction of the City Council, staff has prepared an ordinance amendment to revise Chapter 2.40 of the Carlsbad Municipal Code. Based upon direction from the City Council, staff reviewed the roles, responsibilities and membership of the Housing Commission. Staffs review of the ordinance has resulted in the following proposed changes to both clean-up and revise the Housing Commission Ordinance: 1. ‘2. Membership - The size of the Commission shall be reduced from a total of nine (9) members to five (5) members. The proposed membership includes two tenants assisted by the Carlsbad Housing Authority, one of which shall be at least sixty-two years of age, one Planning Commissioner, and two at-large members with, to the extent possible, experience related to the affordable housing or land development field. Functions - Section 2.40.060 has been modified to clarify and revise the functions of the Housing Commission. Under the proposed revisions, the Housing Commission will review and provide recommendations on programs, policies and regulations related to implementation of the City’s Housing Element. The Commission will also make recommendations on financial assistance requests as related to the development of affordable housing. Except for combined projects proposed to be off- site, the Housing Commission will no longer review and make recommendations on individual affordable housing projects. It is proposed that the Planning Commission be responsible for design and location review for affordable housing projects, and for recommendations on any standards modifications or waiver’s of City requirements which are related to the development of affordable housing. The Housing Commission will provide an Annual report on the status and progress of the City’s affordable housing programs, and make recommendations on future program and project priorities to the City Council. If so desired, the City Council may also wish to make other special assignments to the Housing Commission as appropriate. FISCAL IMPACT The adoption of this Ordinance will result in modest savings resulting from the reduced clerical staff time necessary to photocopy and distribute the meeting agenda packets. EXHIBITS 1. City Council Ordinance No. Ng-$fYy, amending Chapter 2.40 of the Carlsbad Municipal Code 2. Legislative Draft of Amended Ordinance t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD MUNICIPAL CODE BY AMENDING 2.40.020, 2.40.030, 2.40.050 AND 2.40.060 THE MEMBERSHIP AND RESPONSIBILITIES OF the City Council determined at its meeting of May 18, 1993, that the City’s needs could best b Willed by a nine member Housing Commission rather than a seven member Housing Commiss ity Council has recently determined that the City’s needs could best be fulfilled by amending t and requirements for an appoint be a resident of the City of follows: ter 2.40 of the Carlsbad Municipal Code is o read as follows: t of five members. The members shall be until. The members shall serve four-year member who shall serve a two-year term; I serve until their successor ppointed and qualified. Members of the Commission may be Carlsbad Municipal Code is ment of Section 2.40.030 to read All members of the Housing Commission I be residents of the city and registered voters. In addition, two members of the Ho Commission shall be tenants assisted by the Carlsbad housing authority, one of which s be at least sixty-two years of age. One member shall be a member of the Planning Commis The remaining two members shall, to the extent possible, have experience and expertise in one or more of the following areas: development, construction, real estate, social serv housing advocacy, planning, 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 architecture or finance. To the extent possible, the Commission members shall be representative of the four quadrants of the city. If a tenant member ceases to be a tenant assisted by the authority and/or a nontenant member ceases to reside within the city limit city, his/her membership on the Commission shall terminate and another member appointed for the remainder of the unexpired term. SECTION III: That Title 2, Chapter 2.40 of the Carlsbad Mu amended by the amendment of Section 2.40.050 to read as follows: 2.40.050 Vote Reauired. Three members of the Housing Commission shall c affirmative vote of three members shall be necessary for any action b SECTION IV: That Title 2, Chapter 2.40 of th rlsbad Municipal Code is amended by the amendment of Section 2.4 related strategies and p Projects as defined by C Master Plan area, Spe ake recommendations to the ncil on the following matters: rdable housing programs, policies General Plan Housing Element, and ordability objectives of Off-site combined Municipal Code and located outside of the rvrsion which has the inclusionary housing cial assistance and/or other incentives for the affordable housing credits for re to satisfy an inclusionary housing obligation; Redevelopment Co DATE: This ordinance shall be effective thirty days after its ity Clerk shall certify to the adoption of this ordinance and cause it to be st once in a newspaper of general circulation within fifteen days after its 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 1998, and thereafter. AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the Carlsbad on the , 1998, by the following vote, to wit: 1998, by the following vote, to wit: RONALD R. BALL, City Attorney RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor CLAUDE A. LEWIS, Mayor ALETHA L. RAUT 3 Sections: 2.40.010 2.40.020 2.40.030 2.40.040 2.40.050 2.40.060 EXHIBIT 2 “Chapter 2.40” “HOUSING COMMISSION” Established. Membership. Qualifications. Meetings. Vote Required. Functions. 2.40.010 Established. Pursuant to Section 34291 of the California Health and Safety Code, a Housing Commission is created as an advisory body to the City Council and Housing and Redevelopment Commission. (Ord. NS-235 $ 1 (part), 1993) 2.40.020 Membership. The Housing Commission shall consist of five& members. The members shall be * .* appointed by the mayor and confirmed by the City Council. A , Tthe members shall serve four-year terms with the exception of the Planning Commissi& member who shall serve a two-year term; and each member shall serve until their . . successor is duly appointed and qualified. e Members shall serve without compensation. Members of the Commission may be removed by the mayor with the consent of the City Council. (Ord. NS-242 3 1, 1993 : Ord. NS-235 3 1 (part), 1993) 2.40.030 Qualifications. All members of the Housing Commission shall be residents of the city and registered voters. In addition, two members of the Housing Commission shall be tenants assisted by c the Carlsbad housing authority, one of which shall be at least sixty-two years of age. One member shall be a member of the Planning Commission. The remaining tw0s.i~ members 1 shall, to the extent possible, have experience and expertise within one or more of the following areas: development, construction, real estate, social services, housing advocacy, planning, architecture or finance. To the extent possible, the Commission members shall be representative of the four quadrants of the city. If a tenant member ceases to be a tenant assisted by the authority and// a nontenant member ceases to reside; 7 within the ci@mits of the city, his/her membership on the Commission shall terminate and another member shall be appointed for the remainder of the unexpired term. (Ord. NS-242 5 2, 1993: Ord. NS-235 5 1 (part), 1993) 2.40.040 Meetings. The Housing Commission shall meet regularly, on days and times established by the Commission for the transaction of business. The Commission may adjourn any regular meeting to a time and place specified at the regular meeting and any such adjourned meeting shall be deemed a regular meeting. The Housing Commission shall elect from among its appointed members a chairman and vice-chairman. The rules and procedures of the Planning Commission shall be modified, as necessary, and approved by the Housing Commission for the conduct of its business. (Ord. NS-242 0 2, 1993: Ord. NS-235 6 1 (part), 1993) 2.40.050 Vote required. Three @i+~ members of the Housing Commission shall constitute a quorum. The affirmative vote of the maioritv five members present shall be necessary for any action by the Commission. (Ord. NS-242 0 3, 1993: Ord. NS-235 $ 1 (part), 1993) 2.40.060 Functions. The Housing Commission shall advise and make recommendations to the Housing and Redevelopment Commission and/or the City Council on the following matters as 1 Establishment &or amendment of, affordable housing programs, policies and regulations; 2 1 Adoption of, or amendments to, the General Plan Housing. Element, and related strategies or programs; . . 3. - . . . . . we-~+& Revie; of nroiect concept and affordabilitv obiectives of Off-site Combined Proiects as defined bv Chapter 21.85 of the Carlsbad Municipal Code and located outside of the master plan area, specific plan area or subdivision which has the inclusionarv housinp requirement. 4. Requests for financial assistance and/or other incentives for the development of affordable housing nroiects; 5. Requests to sell or purchase affordable housing credits for transaction/purchases of 10 credits or more to satisfv an inclusionarv housing obligation: I 54- The Commission shall annually report to the City Council on the status and progress of affordable housing programs. I 7. Other special assignments as requested bv the Housing and Redevelopment Commission and/or City Council as related to the development of affordable housing. League of Women Voters of North Coast San Diego County PO Box 727, Cardiff, CA 92007 June 23, 1998 Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor and Council Members: The Carlsbad Unit of the League of Women Voters of North Coast San Diego County is opposed to the changes proposed for the membership and functions of the Carlsbad Housing Commission being proposed by staff for council’s consideration tonight. The League has always stood for opportunities for public participation in civic affairs above and beyond simply voting in municipal elections. Reducing the size of the commission to five and giving two seats to clients of the Carlsbad Housing Authority and one to a Planning Commissioner will leave only two citizens on the board, thus making it impossible to have a citizen representing each quadrant. The proposal under consideration would limit the Housing Commission to reviewing only the projects that are planned for off-site locations and send the on-site projects directly to the Planning Commission. This will greatly weaken the review process where it is most needed, in the individual proposed developments. The Planning Commission is charged with the review of Land use questions only while the issues surrounding affordable housing include many other considerations such as the livability and size of proposed affordable units and the timing of construction of such units in relation to the market-rate units in the rest of the project. The City of Carlsbad has been a leader in our area in its commitment to construction of affordable housing and one reason for this is the expert advice provided to the council by the Housing Commission. Its members have worked to learn and understand the issues surrounding affordable housing. They have demonstrated a real commitment to the program. To relegate them to a role of providing a yearly report and reviewing only off- site developments would be a giant step backward for a city that is always in the lead in serving all of its citizens including those in need of affordable housing. JIIN- LL-:tl MON .:.:I r1\1 3 G L: > 1 ;Y b & : :: J, rfiil llv. /ou ll!ULUJ I .- . r. I i .- CITY OF CARLSBAD HOUSING AND REDEVlELOPMENT DEPARTMENT FAX COVER MEMO 06122198 1153 AM . No. of Pages: 2 (inci. Cover) 4 RAY PATCHETT COMPANY NAME: CITY MANAGER FROM: DEBBIE FOUNTAIN, HOUSING AND REDEVELOPMENT DEPT FAX NO: (760) 720-2037 TELEPHONE NO: (760) 434-2815 MESSAGE: Re: Letter from Housing Commission Chair Kathleen Wellman Hi Ray. For your information and that of the City Council, attached is a letter from Housing Commission Chair Kathleen Wellman requesting that the City Council refer the revised ordinance to the Housing Commission for review and comments prior to taking action on it. We will verbally present this request at the Council meeting tomorrow night. Debbie Fountain f , 1, ALL RECEIlk -’ . CITY COUNCIL 1 , , b/~G\Se, I DATE CITY MANAGER 1 AGENDA !TEM# 1 b f .- * 2965 ROOSEVELT STREET, SUITE B r*mrCPAn PA 93nfls ' JUN-?2-$: MON :,':5ri PM HOUSING I ::z. - * r' . FAX NO. 7607202037 KATHLEEN DUNN WELLMAN AyTC,ffhlc,Y AT LAW POST WFICE BOX 1670 CAQLSBAO CALIFORNIA 92019 (7s3929-clal June 22, 1998 Deborah K. Fountain Director of Housing and Redevelopment City of Carlsbad FAX NO. 760-720-2037 Re: City of Carlsbad Agenda Bill entitled: Amendment to Carlsbad Municipal Code Chapter 2.40 - Housing Commission HEAR1 NG DATE : June 23, 1998 Dear Ms. Fountain: As a follow up to my meeting this mornfng with you and Mar;. ‘. Orenyak, and after having reviewed a copy of the above- referenced Agenda Bill, I respectfully request that the c:?-.. Council continue this Agenda item to a later date in order . allow imput from the members of the Housing Commission, none ‘: whom, to the best of my knowledge, had any prior knowledge of imput into staff’s review and/or recommendation of these prono:. changes to the Carlsbad Municipal Code. It is my understanding from staff that these propo: * changes are substantial and that it is not necessary that ‘: council take immediate action tomorrow night. Further, staff indicated that a copy of the proposed Aga:. Bill would be delivered to each of our Housing Commission&s* today in an effort to inform them of these proposed changes. Subsequent to our meeting I have been able to speak direc!.:. with Housing Commissioners Walker, Noble and Escobedo who ‘:’ join me in requesting a continuance of this Agenda Bill by .;*, Carlsbad City Council, so that the council members may (j. receive our considered response to the changes proposed therei. Your sharing this letter with Mayor Lewis and the Car:,: :(: Ciy Council members is most appreciated. Sincerely yours, ww KATHLEEN DUNN WELLMAN Chairperson, Carlsbad City Housing Commission KDW: sh CO to M. Orenyak . June 24, 1998 ,- TO: CITY MANAGER FROM: HOUSING AND REDEVELOPMENT DIRECTOR COMPARISON OF EXISTING VS. PROPOSED MEMBERSHIP AND FUNCTIONS FOR HOUSING COMMISSION Attached for the information of the City Council is a copy of the chart presented by staff on June 23, 1998 at the City Council meeting. This chart summarizes the differences between the existing membership and functions of the Housing Commission as compared to the proposed changes to the Ordinance. If you have any questions regarding the chart, please contact me at X2935. 65 4 -/ 4IlL.Sa DEBBIE FOUNTAIN I FOR THE INFORMATION OF THE CllY COUNCIL 1 I d\aY Yp I DATE cliv MANAGER 1 h C HOUSING COMMISSION MEMBERSHIP AND FUNCTION EXISTING VS. PROPOSED June Z&1998 Existinn ProDosed Comments - Membership: - Membership: . Nine Members Total, which incl. Five Members Total, which 4 members of existing Housing 2 Section 8 Rental Assistance incl. 2 Section 8 Rental Commission currently have Participants; 1 Planning Assistance Participants; 1 expired terms (Walker, Commissioner; and 6 members Planning Commissioner; and 2 Escobedo, Calverley, and with expertise in development, members with expertise in Noble); 1 member has recently construction, real estate, social development, construction, real resigned (Schlehuber). services, housing advocacy, estate, social services, housing planning, architecture, or finance. advocacy, planning, architecture, or finance. Functions: Functions: 1. Establishment of, or amend- 1. Same with the addition of This will include such matters as ment of, affordable housing adoption of, or amend- the new Housing Element, programs, policies and ments to, the General Plan Consolidated Plan, Self- regulations. Housing Element, and Certification & any revisions to related strategies or the lnclusionary Housing Ordinance. programs. 2. Establishment or implementation of affordable housing agreements. 3. Review of affordable housing projects, including project concept, affordability, and requests for city participation or incentives. 1. Review all requests to sell or purchase affordable housing credits, within an approved combined project (e.g. Villa Loma). 2. Will no longer review or comment on affordable housing agreements. 3. Will review project concept Currently the Housing Commis- and affordability objectives sion reviews all affordable for Off-Site Combined housing projects regardless of Projects only, which are size or location. Under the new located outside a master or proposal, they would review only specific plan area or a those projects which are to be subdivision. The Commis- located off-site from the Master sion will continue to review or Specific Plan (e.g. projects such as Villa Loma or Laurel requests for financial Tree). It is proposed that the assistance or other types of Planning Commission be fully incentives from the City of responsible for design and Carlsbad, such as reduced location review for affordable fees, etc. housing projects, and for any recommendations on any standards modifications or waivers. 4. Will review requests to sell Requests below 10 credits have or purchase affordable been considered to be housing credits, within an insignificant in terms of their approved combined project, Overall imoact1 and were for trans-actions of 10 originally intended with the credits or more. construction of additional units within the Villa Loma Project. . , - -* Comparison of Housing Co, ,,mission Membership and Functions - Existing and Proposed June 23, 1998 Page 2 5.The Commission is to report to 5. Same - will continue with this Commission has not prepared a the City Council on the status and responsibility. report to date, but staff intends to progress of affordable housing initiate efforts to assist the programs. Commission with this task. 6. Other special assignments as requested by the Housing and Redevelopment Commission and/or City Council on the status and progress of affordable housing oroarams. This was added to the ordinance to allow the Council to forward items to the Housing Commission at their discretion.