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HomeMy WebLinkAbout1996-04-25; Housing Commission; MinutesCuRRECTED Minutes of: HOUSING COMMISSION Time of Meeting: 6:OO P.M. Date of Meeting: Place of Meeting: April 25, 1996 CITY COUNCIL CHAMBERS CALL TO ORDER: Vice-chairman Schlehuber called the Regular Meeting to order at 6:08 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Wellman. ROLL CALL: Present: Vice-chairman Schlehuber, Commissioners Escobedo, Rose, Sato, Scarpelli, and Wellman Absent: Chairman Calverley, Commissioner Noble Staff Present: Evan Becker, Housing and Redevelopment Director Reggie Harrison, Housing Program Manager Debbie Fountain, Senior Management Analyst Leilani Hines, Management Analyst COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: Commissioner Wellman requested a change to the Minutes on page 2, paragraph 4, first sentence, to read as follows: "commissioner Sat0 was concerned...". Commissioner Wellman requested a change to the Minutes on page 3, paragraph 3, last sentence, to read as follows: "A homeowner's association would be responsible for slope maintenance only, and would not be responsible for ensuring that the second dwelling units were actually being used as such." Commissioner Wellman requested a change to the Minutes on page 4, item 6, Action, to read as follows: "Motion by Commissioner Wellman, and duly seconded, that staff provide the Commission with a draft copy of the 2/8/96 Minutes within two weeks after the meeting. ACTION: Motion by Scarpelli, and duly seconded, to approve the Minutes of the Regular Meeting of February 8, 1996, as amended. Escobedo, Rose, Sato, Scarpelli, Schlehuber, Wellman VOTE: 6-0 AYES: NOES: None ABSTAIN: None NEW BUSINESS: 1. CT 95-05/SDP 95-11/HDP 95-12 - EMERALD RIDGE EAST - Request for recommendation of approval for Emerald Ridge East to build nine (9( second dwelling units and purchase an affordable housing credit in the Villa Loma apartment project to satisfy the affordable housing obligation of the project known as Emerald Ridge East. HOUSING COMMISSION CORRECTED April 25,1996 Page 2 Debbie Fountain, Senior Management Analyst, reviewed the background of the request and stated that this project is very similar to the Emerald Ridge West project, which the Housing Commission heard and approved on February 8, 1996. The applicant has submitted an application to subdivide the site into 60 single-family lots, provide 9 future second dwelling units, and purchase one housing credit in an offsite affordable housing project, to satisfy the inclusionary housing requirement of the project. The second dwelling units will be affordable to households earning 80% of the Area Median Income. The project has been conditioned to require an Affordable Housing Agreement which will provide the specific details regarding the phasing and implementation of the affordable housing component of the project. No financial assistance is being requested at this time, but this does not rule out a request at a later date. Staff believes that second dwelling units are an acceptable option for small projects which need to satisfy the requirements of the lnclusionary Housing Ordinance. Evan Becker, Housing and Redevelopment Director, explained that there are some inconsistencies between the Second Dwelling Unit Ordinance and the lnclusionary Housing Ordinance. In the past, the Planning Commission has approved a condition to require that a deed restriction be placed on the property in order for the second dwelling units to satisfy the requirements of the lnclusionary Housing Ordinance. However, the Second Dwelling Unit Ordinance only requires an affidavit because the State of California has determined that second dwelling units, by virtue of their size, automatically qualify as affordable housing. Staff recommended that the Second Dwelling Unit Ordinance regulate the second units in this project. After discussion of the differences between the affidavit and a deed restriction, it was the consensus of the Commission that a deed restriction would be preferable because it would enable future buyers to know at the time of purchase that the units must be rented at affordable rates. Vice-chairman Schlehuber invited the applicant to speak. Bob Ladwig, Ladwig Design Group, representing the applicant, addressed the Commission and stated that, in his opinion, the conclusion of the Commission is contrary to the Second Dwelling Unit Ordinance. That ordinance only requires the applicant to sign an affidavit. That affidavit requires that the property owner pass on a copy of the second dwelling unit permit when the property is sold. The Second Dwelling Unit Ordinance was approved by the State of California. Mr. Ladwig stated that the action the Housing Commission is suggesting is contrary to the City's ordinances. He requested the Commission to reconsider. Vice-chairman Schlehuber opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Vice-chairman Schlehuber declared the public testimony closed and opened the item for discussion among the Commission members. The Commission discussed again the differences between the affidavit and a deed restriction. They also discussed density bonuses, size of the second dwelling units, how to prevent the property owner from tearing out a wall and enlarging the primary residence, and who should be entitled to rent the second dwelling unit. Again, it was the consensus of the Commission that the second dwelling units need to be a viable, marketable, low-income unit in order to satisfy the inclusionary requirement. Mr. Ladwig remarked that he doubts the project with work with those restrictions. ACTION: Motion by Commissioner Scarpelli, and duly seconded, to continue this item to June 13, 1996 and direct staff to meet with the developer to work out a solution regarding open market and low income occupancy of second dwelling units satisfactory to this Commission. Esco bedo, Rose, Sato, Sca rpelli , Sch le hu ber, We1 Ima n VOTE: 6-0 AYES: NOES: None ABSTAIN: None HOUSING COMMISSION CORRECTED April 25,1996 Page 3 Evan Becker, Housing and Redevelopment Director, stated that he is not sure what staff can do. It is a dilemma. Staff will need to consult with the Planning Director and City Attorney. INFORMATION/DISCUSSION ITEMS: 1. HOUSING COMMISSION POLICIES AND PROCEDURES - Request by Housing Commissioners to discuss various policies and procedures for operations of the Housing Commission. Debbie Fountain, Senior Management Analyst, led a discussion on policies and procedures governing the operation of the Housing Commission. After discussion, the Commission requested staff to return at the next meeting with resolutions for the following changes to the existing procedures: Minutes: The meetings shall be tape recorded and tapes retained until the Minutes have been approved. Drafts of the Minutes shall be available to Commissioners within two weeks of the meeting. Cifv Council & Plannina Commission Staff to mail copies to Commissioners of the Summary Report which goes to the City Council. Staff will mail Planning Commission agendas to each Commissioner one week before the Planning Commission meeting. 0 City Council agendas with Agenda Bills may be picked up at the Housing and Redevelopment Office or at the Library on Mondays. Commissioner Scarpelli left the meeting at 8:30 p.m. 2. ROLE OF SECTION 8 LANDLORD - Information item for Housing Commission on the role of the private landlord in administration of the Section 8 Rental Assistance Program. Reggie Harrison, Housing Program Manager, reviewed the background of the Section 8 Rental Assistance Program administered by the Carlsbad Housing Authority and stated that this rental assistance program makes it possible for income-eligible households to obtain rental housing while paying approximately 30% of their income for rent. The Housing Authority pays the balance of the rent directly to the landlord. Approximately $2.5 million in rent subsidies are paid annually by the Carlsbad Housing Authority. Mr. Harrison stated that the landlord is solely responsible for selection of the tenants to occupy hidher unit@). Landlords are encourage to screen Section 8 participants with the same set of standards used for their prospective open market tenants. Performing unlawful detainer searches and checking previous landlord references are an important part of the selection process. Once the Section 8 participant has been selected, the landlord maintains the same management responsibilities as with hidher open market tenants. If the participant violates the lease, the landlord must go through the eviction process to gain possession of the unit. The Housing Authority provides technical assistance in order to increase the Section 8 landlord’s knowledge of program regulations and general housing related issues. However, they do not give legal advice or take a position during eviction proceedings. Landlords and participants are advised of the availability of economical legal representation and mediation services. Mr. Harrison stated that the Housing Authority held a workshop on March 27, 1996 for owners and landlords. Various workshops held periodically. They also send out a monthly newsletter to Section 8 landlords. HOUSING COMMISSION CORRECTED April 25,1996 Page 4 ANNOUNCEMENTS: Commissioner Wellman recommended that the Housing Commission send a letter of condolence regarding the recent demise of Don Turner of the Bridge Corporation. He was on the airplane with Commerce Secretary Ron Brown when it crashed. Mr. Becker reminded the Commissioners about the Planning Commission Workshop to be held on Tuesday evening, April 29, 1996, at the Safety Center. The City Council was supposed to appoint a new Commissioner to the Housing Commission but it was continued. Mr. Avis, a former Commissioner, has recommended that the Housing Commission remain at eight Commissioners, with an eventual reduction to seven Commissioners through attrition. The next scheduled meeting of the Housing Commission will be May 9, 1996. Mr. Becker stated that Laurel Tree would be on the agenda. They were not successful in receiving tax credits during the last round. They will be presenting a new strategy for tax credits at this meeting. ADJOURNMENT: By proper motion, the Regular meeting of April 25, 1996 was adjourned at 9:00 p.m. Respectfully submitted, n VAN BECKER and Redevelopment Director BETTY BUCKNER Minutes Clerk