Thomas Lord
Housing Advisory Commission log
May 3, 2018
An item in partial fullfillment of the Commission's new duties under Measure U1 (2016).
To: Commissioners, Housing Advisory Commission
From: Thomas Lord
Subject: 2017 Housing Advisory Commission Recommendations
Date: May 3, 2018
Recommendation: That the Housing Advisory Commission discuss, perhaps amend, adopt, and publish this memo in partial fulfillment of its duties under BMC 19.44.20(B)(10), as directed by the passage of measure U1 in 2016.
The municipal code, as amended by measure U1, reads in part (emphasis added):
- The Housing Advisory Commission shall review and advise the City Council on housing policy, housing programs, and related issues. In particular, the Commission shall make recommendations on how and to what extent the City should establish and fund programs to increase the supply of affordable housing and protect residents of Berkeley from homelessness. These recommendations may be made annually or biannually, as the Commission deems appropriate in light of the City’s budget cycle and other relevant funding cycles. The Commission’s recommendations shall be promptly published on the City’s web site and transmitted to the City Council. The City Council shall consider, but need not follow, the Commission's recommendations, and shall annually inform the Commission as to the extent to which it has implemented the recommendations. [BMC 19.44.20(B)(10)]
2017 was a transition year for the Housing Advisory Commission. In a "perfect storm", over the course of roughly 9 months:
Seven of nine seats on the HAC changed hands.
Several seats changed hands more than once.
Subsection 19.44.20(B)(10) as ammended by U1 went into effect.
The HAC was unable to complete a work plan process envisioned by the Chair and Vice Chair.
By the time membership of the Commission became more stable, the work plan that members were left with did not contemplate these new duties from measure U1.
Accordingly, at its meeting on March 27, 2018, Council spoke from the dais and took action to remind the HAC of its duties under measure U1.
The HAC's response to that reminder: We agree.
On a positive note, in spite of the obstacles, the HAC did make a number of housing policy and homelessness prevention policy recommendations to Council, and Council took actions generally in accord with these. These are described below.
It is the intent of the Housing Advisory Commission to fully embrace and implement its duties under the entirety of BMC 19.44.020(B) in the 2018-2019 fiscal year, beginning with the work planning we will commence in May and June of 2018.
January 5, 2017
Selecting from a list of options developed by a previous HAC membership, the HAC advised City Council to prioritize these City Council Referrals:
Permit Serivce Center improvements
limited use of eminent domain on vacant and blighted properties
create an ordinance to prohibit housing discrimination based on the source of a tenant's income (including Section 8 benefits).
workforce housing for BUSD / implement senate bill 1413
The HAC recommended that the City Manager be directed to meet with the Rent Stabilization Board to revisit whether the issuance of a new Certificate of Occupancy is required upon conversion of units from unpermitted nonresidential to permitted residential uses.
February 2, 2017
The HAC agreed with staff to recommend a $691,394 unplanned but urgent reservation of County Measure A1 funds for the Graysom Street Apartments projects in response to a post-election collapse in the amount of money that could be raised through the sale of Low Income Housing Tax Credits.
[NOTE: The minutes record the HAC agreeing to recommendations regarding a micro-units proposal but I do not find a record such recommendations were transmitted to Council.]
March 2, 2017
The HAC recommended (additional) reservations of CDBG funding for the Bread Project, Inter-City Services, and Rising Sun Energy Center.
The HAC recommended that registration fees be charged for BMR (below market rate) units to pay for the regulation of BMR compliance and gave advice regarding the structure and amount of those fees.
May 5, 2017
The HAC recommended against appropriate U1 revenues for the purchase of the properties at 1001, 1007, and 1011 University Avenue and 1925 Ninth St (the "Premier Cru" properties).
The HAC recommended a temporary suspension of efforts to appropriate U1 funds.
The HAC recommended eliminating a discount to the affordable housing mitigatin fee when paid at issuance of the building permit, and recommended that the fee be updated every two years based on the Construct Cost Index.
June 6, 2017
The HAC recommended an HTF reservation of $285,464 for Satellite Affordable Housing Associates' Harper Crossing Project.
The HAC recommended an exceptional circumstances reservation of $569,692 from the HTF and a refinancing of outstanding HTF loans and a waver approving the Norhtern California Land Trust as an eligible receiver of HTF funds for the NCLT scatter sites project.
The HAC recommended providing HOME CHDO1 operating funds to Resources for Community Development and Satellite Affordable Housing Associates for FY 2018.
The HAC recommended changes to the Affordable Housing Mitigation Fee (BMC 22.20.065) to adopt a fee of $37,000 if paid at certificate of occupancy, or $34,000 if paid at issuance of buildign permits and to recommend that for developers opting to private untis, 20% of the total units be below market rate.
The HAC recommended an exemption from the necessity of Council Approval of the use of CDBG funds for construction projects at or below $200,000, and that the HAC CDBG subcommittee be authorized to make recommendations for such projects.
The HAC expressed "conceptual support" for allocating up to $1.07 million, with no source of funding specified, and no specific funding levels for various anti-displacement programs then under consideration by council.
July 6, 2017
The HAC approved a an HTF reservation of $50,000 for a pre-development loan for the Bay Area Community Land Trust's 1638 Stuart Street project and approved a waiver of a "recent experience" eligible developer requirement.
The HAC recommended that City Council reserve up to $3,131,651 Housing Trust Funds for predevelopment for BRIDGE Housing's Berkeley Way Project; that certain permit fees be defered; and that filling a funding gap estimated at $13 million was recommended "in concept".
The HAC recommended several specific general allocations for these anti-displacement programs: the Housing Retention Program, the Flexible Housing Subsidies Pool, the Eviction Defense Center, and the East Bay Community Law Center.
September 7, 2017
The HAC recommended that City Council conduct a public hearing for a substantial amendment to the federal Program Year (PY) 2017 Annual Action Plan which included revised allocations of CDBG funding and that, upon conclusion of that hearing, that Council adopt a Resolution approving revised CDBG funding recommendations for City of Berkeley projects; and authorizing the City Manager to submit the Substantial Amendment to the PY 2016 AAP to the U.S. Department of Housing and Urban Development (HUD).
The substance of these changes was to shift certain indirect internal costs, associated with administering CDBG projects, to the project-specific allocations. In practical effect this shifted some CDBG-related internal costs from an overstrained HUD-supplied Planning and Administration grant to HUD grants associated with particular projects. The freed up Planning and Administration funds enabled an increase in the staffing for Berkeley's administration and monitoring of funded programs. This increase in staffing was beneficial for the City and it helps to ensure federal eligibility for future funding. The proposal to shifting indirect costs this way was made with advice from federal HUD program administrators.
December 7, 2017
The HAC agreed to communicate certain recommendations to Council regarding general guidelines for appropriating U1 funds.
The HAC communicated to the Council a statement of principles that places housing as a priority over parking, including support with respect to the Berkeley Way Project.
January 18, 2018
The HAC referred certain inquiries into the enforcement practices and history of the Smoke-Free Housing Ordinance and requested that the Berkeley Considers facility be used to solicit public comment regarding that ordinance. This action is a first step towards revising the ordinance in response to citizen reports of its ineffectiveness in some situations.
February 1, 2018
The HAC asked council to make a number of referrals to commense developing a comprehensive plan for disaster perparedness and post-disaster rebuilding with respect to multi-family housing.
March 1, 2018
The HAC recommended a second substantial change to the PY 2017 Annual Action Plan. The proposed change will reserve approximately $1.26 million of CDBG community facility improvement funds to the rehabilitation of the City's Mental Health Clinic building at 2640 Martin Luther King Jr. Previously, these funds were planned for small community facility improvement projects to be determined as needs arose. The large, single allocation to the Mental Health Clinic was proposed because initial cost projections for the project were significantly too low.
The HAC referred consideration of funding a Home Share Pilot Program. The program as envisioned would offer background checks as a City Service provided to qualifying homeowners who wish to offer space in their home to a tenant. Similar programs are operating in some other Bay Area Cities. The University of California Berkeley has expressed interest in funding such a program in Berkeley.
The HAC recommended to City Council that as the Small Sites Program is implemented, it be structured so as to allow (though not require) the City itself to purchase eligible small sites. The "City buys directly" option would ensure flexibility in the program, allowing purchases to be made whether or not a partner agency is ready at the time the property becomes available. The program would leave open the possibility of implementing non-traditional ownership models for permanently affordable housing.
April 4, 2018
The HAC responded with comments to an earlier referral from City Council regarding an accessory dwelling unit pilot program to house low-income households.
2
"HOME": HUD's Home Investment Parternship Program;
"CHDO": Community Housing Development Organization↩