HomeMy WebLinkAbout1979-05-15; City Council; Resolution 5773c
I
1
1
I
1
!
I(
1:
1:
1:
1L
If
1C
1';
1E
14
2c
21
2%
23
24
25
26
27
28
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:
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
Affirmative Fair Housing Marketing Guidelines, adopted
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 processes in order to implement
an Affirmative Fair Housing Marketing Plan and thus enter into
such a Memorandum of Understanding; and
WHEREAS, it is the desire 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
WHEREAS, it is the'desire of this Council to set forth the
conditions unde? which certain sponsors/developers are exempted
from compliance with the Affirmative Fair Housing Marketing Plan:
and
\
c
-1-
Attachment "A"
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
le
19
2c
21
2%
22
24
25
26
27
28
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
NOES : None Councilwoman Casler
ABSENT : None
(SEAL)
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
. .14
15
i't A to ution 5773
. AND
the City of Carlsbad, California (hereinafter called the City),
Party of the Second Part.
MF3MORANDUM OF UNDERSTANDING
16
17
This Memorandum of Understanding, made and entered into
this
California Fair Employment Practice Commission (hereinafter called
the Commission), the Division of Fair Employment Practices of
the Department of Industrial Relations of the State of California
, by and between the
4,
WHEREZiS, the California Fair Housing .Law, Part 5 (commencing
I (hereinafter called the Division), as parties of the First Part,
18
19
20
21
22
23
24
25
26
27
28
with Section 35700) of Division 24 of the Health and Safety Code
(hereinafter called the Fair Housing Law) prohibits discriminatior
on the basis of race, color, religion, sex, marital status,
national origin, or ancestry in housing accommodations, .
WHEREAS, the Commission and the Division are empowered by
Labor Code Section 1419.5 to prevent discrimination in housing
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 govesnmental departments and agencies and conciliation
-1-
3
z
4
E
E
7
E
9
ZC
11
13
15
16
17
18
20
23
24
25
26
27
28
councils, the Division Tishes to exercise that au-hority. 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 cokunities 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 Affirmative Fair Housing Marketing.
WHEREAS, the Commission has promulgated guidelines in the
area of Affirmative Fair Housing Marketing.
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
-2-
1
2
3
-4
5
'6
7
8
9
10
11
12
' 13
14
15
16
17
98
19
20
21
22
23
24
25
2s
27
28
a .. 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 authorized agent shall provide the
Cckmission 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 Divisio
and request that the.Chief 0r.a duly authorized represen-
tative engage in the process of conference, persuasion, and
conciliation with the relevant parties, pursuant to Section
14'19.7 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
plan.
K. This Memorandum of Understanding shall be revocable by
the Commission and the Division at their discretion.
//
-4-
1
2
3
4
5
6
7
€
s
1C
13
1:
1:
11
l!
It
2'
11
I!
2(
2:
21
2
2'
2
2
2
2
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
0
above.
.
FAIR EMPLOYMENT PRACTICE COMMISSION
-, Chief I
DIVXSION OF FAIR EMPLOYMENT PRACTIC
CITY OF. CARLSBAD
-5-
THE
CITY OF CARLSBAD
AFFIRMATIVE FAIR HOUSING MARKETING PLAN (AFHMP)
s
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.
To encourage the establishment of racially balanced communities. 2.
APPLICABILITY
This Affirmative Fair Housinq Marketing Plan (hereinafter referred to as AFHMP) shall be applicable to sponsors/developers (hereinafter referred to as Applicants) who apply 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.
Special use permits for mobile home parks, planned residential developments, and multi-family residences. 2.
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 tb the public are concerned.
EXEMPTIONS -
Applicants 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 I'D" ,
.3.
4.
project and/or special use permits for a mobile home park
involving less t.han 10 dwelling units for rent or lease.
Those who apply for building permits for dwellings to be
listed as hotels or motels.
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 I1 - Procedures
APPLICANT SALES,
1. Sales integration goals shall be:
RENTAL AND LEASE II INTEGRATION GOALS
A. Cost of Housing
Up to $62,000
$i2,001 to 83,000
$85,001 and over
B. Cost of Housing
U.P to $62,000
$62,001 to 85,900
$85,001 and over.
Minority -. Integration Goals
20%
15%
1'0%
Whi.te - Integration - Goals
80%
75%
70%
2. Rental and lease integration goals shall be: costs 30% minority and 70% white. For all housing
. 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. responsibility for assuring Applicant compliance with this
Plan.
Demographic information of the area in which the project is
located.
This official will be given the
2.
3. Anticipated market based on racial: composition of the area.
- 2-
4. Sales, rental, or lease goal which has been determined based upon the demographic makeup of the area.
Outreach efforts which will be taken to agtract the appro-
priate racial group(s) to the housing market. 5.
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
opportuniky slogan.
8. Assurance that T.V. advertisement's will use either the equal housing opportunity logo or slogan.
9. Assurafice 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.
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.
11.
12. Names of community organizations which will be given informa- tion concerning the project.
Description of affirmative action recruiting and hiring
policy for staff engaged in sale, rental or lease of housing.
13.
14. Information concerning the racial composition of the staff.
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
Dieqo 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 Froject.
B. Total number of units in the project.
-3-
18.
19.
C.
D.
E.
I?.
G.
Cumulative during the
Cumulative
number of units sold, rented, or leased
month reported.
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.
0
If the achieved integration goal to date is below the
integration goal established from housing cost data, a
summary of affirmative marketing action which shall be
taken to bring the achieved goal up to parity.
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.
Assurance that the Plan, when approved, shall not be modified without the concurrence of the Contract Compliance Officer.
CITY 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 Carlsbad in the implemen-
tation of this plan. Duties of the Authorized Agent shall include the
1.
2.
3.
4.
5.
~ ~ ..
following:
The review and approval or disapproval of Applicant Plans.
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,
The monitoring of applicant's sale, rental, or lease activity
for compliance with this AFHXP and Applicant's Plan. Compli- ance determinations wi-11 be based on results achieved and the
Applicant's docunented good faith efforts.
Investigation into all complaints of violations of this
AFHMP and/or Applicant Plans and determination as to whether corrective action is required.
When corrective action is needed, determination as to
whether the corrective action can be initiated by the City of Carlsbad or whether the matter should be referred for resolution to the State of Cali'fornia Fair Employment
-4-
Practice Commission who may, at its discretion, direct the noncomplying party to submit to the process of conference, conciliation or pursuasion.
The submission of Plans and reports to the State of California
Fair Employment Practice Commission. 6.
M/j 4/19/79 /
,