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HomeMy WebLinkAbout1999-01-05; City Council; 15004; Appointments To Housing Commission- CITY OF CARLSBAD - AGENbA BILL a& 4B# j si 00 q TITLE: MTG. l-s-‘14 REPEAL AND RE-ENACTMENT OF CARLSBAD MUNICIPAL CODE CHAPTER 2.40 - HOUSING COMMISSION IEPT. H/RED RECOMMENDED ACTION: DEPT. HD. @ CITY ATTY. bra CITY MGR.m INTRODUCE City Council Ordinance No. &S-4h7 , Repealinn and Re-Enacting Chapter 2.40 of the Carlsbad Municipal Code to revise membership and functions of Housing Commission. ITEM EXPLANATION At the City Council meeting of June 23, 1998, the City Council reviewed proposed revisions to the membership and functions of the Housing Commission. The action taken by the Council was to continue the item for further review and consideration by the Council at a later date. The Mayor appointed a Council subcommittee to give the matter further review and to make a recommendation to the remainder of the Council. Councilmembers Ann Kulchin and Ramona Finnila have completed their review and provide the following information and recommendation for consideration. Background When the Housing Commission was established, the City Council’s intent was to review the membership, roles and functions of the Housing Commission after one year of operation. The City Council did not complete this review or consider any changes to the ordinance as originally anticipated after the first year. Although the oversight is unfortunate, it is actually a good time to evaluate the membership and functions of the Housing Commission due to the fact that there are currently four (4) expired terms among the existing members and one (1) member resigned at the end of last year. In addition, the Council has been able to observe the functioning of the Housing Commission for a significant period of time (5 years). Subcommittee Recommendations on Revisions to Ordinance The Council Subcommittee is recommending that the Council approve the following changes to both clean-up and revise the Housing Commission Ordinance: 1. Membershio - 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, and three at-large members with, to the extent possible, experience in development, real estate, housing advocacy or a related field. 2. 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 I - AB# /5; c3t3v Page 2 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. Since the ordinance revisions anticipate that the Planning Commission will assume the role for reviewing affordable housing projects in detail, the Subcommittee does not believe that a Planning Commissioner must serve on the Housing Commission. However, two representatives of the Section 8 Rental Assistance Program must serve on the Housing Commission to remain consistent with requirements for an advisory committee related to the operations of that program. Therefore, the Subcommittee has recommended a five (5) member Commission consisting of two (2) representatives of the Rental Assistance Program and three (3) members at-large. The Subcommittee believes that a five member Housing Commission is adequate in size for reviewing affordable housing policy issues, financial assistance requests, off-site combined projects, and/or requests to purchase housing credits for 10 or more units. Under the proposed revisions, the Commission would no longer review all affordable housing projects or the affordable housing agreements. Subcommittee Recommendations on Commission Membership The Council Subcommittee is recommending that the Housing Commission continue with the following members assuming the new functions set forth in this report: Kathleen Dunn- Wellman Kathleen Walker Ed Scarpelli Roy Latas Bob Rose Continuing Member At Large - Housing Advocacy/Social Services Reappointed Member At Large - Real Estate/ Business Continuing Member At Large - Finance/Real Estate/Development Continuing Rental Assistance Participant - general tenant category Continuing Rental Assistance Participant - senior tenant cateaorv Summary The Subcommittee is recommending that this matter be reconsidered by the City Council for final action to approve the revisions to the Housing Commission Ordinance and to set forth the continuing appointments (or reappointments) to the revised Commission. Attached for information purposes is a chart which compares the existing to the proposed membership and functions of the Housing Commission as recommended by the Council Subcommittee. 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. CJS - YG’) , amending Chapter 2.40 of the Carlsbad Municipal Code 2. Legislative Draft of Amended Ordinance 3. Chart comparing existing to proposed Housing Commission Membership and Functions. ORDINANCE NO. NS-467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING AND RE-ENACTING TITLE 2, CHAPTER 2.40, OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE MEMBERSHIP AND FUNCTIONS OF THE HOUSING COMMISSION 2 3 4 5 The City Council of the City of Carlsbad, California, does ordain as follows: 6 Section 1: Title 2, Chapter 2.40 of the Carlsbad Municipal Code, is hereby repealed and 7 re-enacted to read as follows: 8 “Chapter 2.40” 9 “HOUSING COMMISSION” lo 2.40.010 Established. 11 Pursuant to Section 34291 of the California Health and Safety Code, a Housing I2 Commission is created as an advisory body to the City Council and Housing and I 3 Redevelopment Commission. 14 15 16 17 18 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. The members shall serve four-year terms; and each member shall serve until their successor is duly appointed and qualified. Members shall serve without compensation. Members of the Commission may be removed by the mayor with the consent of the City Council. 19 2.40.030 Oualifications. 20 All members of the Housing Commission shall be residents of the city and registered 21 voters. In addition, two members of the Housing Commission shall be tenants assisted by the 22 Carlsbad housing authority, one of which shall be at least sixty-two years of age. The remaining 23 three members shall, to the extent possible, have experience and expertise within one or more 24 of the following areas: development, construction, real estate, social services, housing 25 advocacy, planning, architecture or finance. To the extent possible, the Commission members 26 shall be representative of the four quadrants of the city. If a tenant member ceases to be a tenant 27 assisted by the authority and/or ceases to reside within the city limits of Carlsbad, or a non- 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 tenant member ceases to reside within the city limits of the city, his/her membership on the Commission shall terminate and another member shall be appointed for the remainder of the unexpired term. 2.40.040 Meetines. 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. 2.40.050 Vote required. Three members of the Housing Commission shall constitute a quorum. The affirmative vote of three members shall be necessary for any action by the Commission. 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 : 1 Establishment of, or amendment of affordable housing programs, policies and regulations; 2 Adoption of, or amendments to, the General Plan Housing Element, and related strategies or programs; 3. Review of project concept and affordability objectives of Off-site Combined Projects as defined by Chapter 2 1.85 of the Carlsbad Municipal Code and located outside of the master plan area, specific plan area or subdivision which has the inclusionary housing requirement. 4. Requests for financial assistance and/or other incentives for the development of affordable housing projects; 5. Requests to sell or purchase affordable housing credits for transaction/purchases of credits or more to satisfy an inclusionary housing obligation: ‘10 2 1 6 The Commission shall annually report to the City Council on the status and progress of 2 affordable housing programs. 3 7. Other special assignments as requested by the Housing and Redevelopment 4 Commission and/or City Council as related to the development of affordable housing. “ 5 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, 6 and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at 7 least once in a local newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the 8 City of Carlsbad on the day of , 1999, by the following vote to wit: 9 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 10 Carlsbad on the day of > 1999, by the following vote to wit: 11 12 AYES: I 13 NOES: 14 ABSENT: 15 ABSTAIN: 16 Approved as to form and legality 17 Ronald R. Ball, City Attorney 18 19 20 CLAUDE A. LEWIS, Mayor 21 22 23 24 25 26 27 ALETHA L. RAUTENKRANZ, City Clerk 28 II 5 LEGrjLATlVE DRAFI- - EXHIBIT 2 “Chapter 2.40” “HOUSING COMMISSION” Sections: 2.40.010 2.40.020 2.40.030 2.40.040 2.40.050 2.40.060 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 5 l(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. /\ , Jjhe . .- members shall serve four-year term> 1; and each member shall serve until their . . successor is duly appointed and qualified. - C-M 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 5 1, 1993 : Ord. NS-235 0 1 (part), 1993) 2.40.030 Oualifications. 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 6 the Carlsbad housing authority, one of which shall be at least sixty-two years of age.- . . e. The remaining three & members 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/or ceases to reside within the city limits of the citv and// a non-tenant member ceases to reside- - within the city limits 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 0 2,1993: Ord. NS-235 $1 (part), 1993) 2.40.040 Meetinm. 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 $2, 1993: Ord. NS-235 0 1 m-9,1993) 2.40.050 Vote required. Three Fi+e members of the Housing Commission shall constitute a quorum. The affirmative vote of three #i+e members 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 e Adoption of, or amendments to, the General Plan Housing Element, and related strategies or programs; . . 3. - . . . . . t Review7 of project concept and affordabilitv obiectives of Off-site Combined Proiects as defined by Chapter 2 1.85 of the Carlsbad Municipal Code and located outside of the master plan area, snecific plan area or subdivision which has the inclusionarv housing requirement. 4. Requests for financial assistance and/or other incentives for the development of affordable housing proiects; 5. Requests to sell or purchase affordable housing, credits for transaction/purchases of 10 credits or more to satisfy an inclusionarv housing obligation: g4- The Commission shall annually report to the City Council on the status and progress of affordable housing programs. 7. Other special assignments as requested by the Housing and Redevelopment Commission and/or Citv Council as related to the development of affordable housing. 8 HOUSING COMMISSION A EXHIBIT 3 MEMBERSHIP AND FUNCTION EXISTING VS. PROPOSED Existing Proposed 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; and 3 expired terms (Walker, Commissioner; and 6 members members at large with Escobedo, Calverley, and with expertise in development, expertise in development, Noble); 1 member has recently construction, real estate, social construction, real estate, social resigned (Schlehuber). services, housing advocacy, services, housing advocacy, planning, architecture, or finance. 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. 4. 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 imoactl and were for transactions of IO originally intended with the credits or more. construction of additional units within the Villa Loma Project. r” . Comparison of Housing Co. ,ission Membership and Functions - Existing and Proposed Page 2 S.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 This was added to the ordinance as requested by the Housing to allow the Council to forward and Redevelopment items to the Housing Commission and/or City Commission at their discretion. Council on the status and progress of affordable housing programs. League of Women Voters of North Coast San Diego County PO Box 131272 Carlsbad, Ca 92009 January 5,1999 Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor and Council Members: On June 23, The League testified to this council in opposition to changes to the housing commission proposed by staff. As a result of the discussion that night which also included a letter from Housing Commissioner Kathy Wellman which was read into the record, the council appointed a subcommittee to talk with interested citizens and the members of the Housing Commission and come up with a recommendation to the council. The League of Women Voters has taken a great interest in affordable housing, participating in the discussions on the revision of the housing element in 1994. At that time the League recommended the formation of a housing commission. On Friday we learned that the sub-committee is ready with its recommendations and as interested citizens, we have some questions. l Did the sub-committee seek input from any citizens groups or from the members of the Housing Commission itself? l What are the reasons for changing the size and duties of the commission? Why have you recommended that the commission deal with off-site affordable housing only? l How close is the city to meeting the goals set by the state for affordable housing? What are the actual numbers? l If the city wants to qualify for self certification of its Housing Element, how will it meet the necessity to provide housing for very low and extremely low income groups. Achievement of these goals could require the use of second dwelling units, single room occupancy buildings, hotel type accommodations and farm worker housing. In the five years that the Housing Commission has been in existence, none of these issues has been addressed. There is much work remaining to be done. Who will be responsible for it? The City of Carlsbad has been a leader in our area in its commitment to the 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 special 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 disservice to the community and a poor way of showing appreciation for their good work. Sincerely. Elaine Rudin, President