HomeMy WebLinkAbout1999-01-05; City Council; 15004; Appointments To Housing Commission-
CITY OF CARLSBAD - AGENbA BILL a&
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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
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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
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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.
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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-
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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:
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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
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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:
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12 AYES: I
13 NOES:
14 ABSENT:
15 ABSTAIN:
16 Approved as to form and legality
17 Ronald R. Ball, City Attorney
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20 CLAUDE A. LEWIS, Mayor
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ALETHA L. RAUTENKRANZ, City Clerk
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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
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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.
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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.
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. 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