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HomeMy WebLinkAboutMin 08-27-82180 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - AUGUST 27, 1982 The City Council of the City of Ukiah met in adjourned session regarding General Plan Housing Element. Councilmembers present: Feibusch, Kelley, Hickey, Myers, Riley. Staff present: Harris, Melvin. Mayor Riley reported that Mr. Peterson of the State Department of Housing and Community Development has suggested that the usual procedure is that the State receives from the City Planning Commission or staff a housing element draft and HCD makes comments, the City Council takes those comments and the draft into consideration during its revision work. PUBLIC HEARING OPENED: Don Vander Mey, Ukiah, stated he did not agree with HCD's suggestion as it does not go along with the government code. He pointed out that HCD is basically advisory. He felt to send the present Planning Commission draft without public input to HCD would make the procedure much longer. Becky Jondahl, CDC, referred to affordability on page 11 and pointed out that the moderate category should be deleted as they would not be eligible under Section 8 HUD standards. She felt a statement should be added to emergency housing, page 14, regarding shelter for battered women (Project Sanctuary). In answer to her question regarding timeline, Planning Director stated he expected preliminary comments from HCD back in mid October. Mrs. Jondahl stated that CDC is unable to obtain additional State deferred payment loan program funding within the City of Ukiah because there is not an approved housing element. Alfred Nicholaison, Ukiah, stated he is a speculator in that he owns real estate and four rentals. He stated, as a landlord, he is looking for tenants who will take good care of his investment. He further added that he lives next door to a low income house and felt it pulled down the value of other homes in the area. Larry Kier, Ukiah, felt that the medium income person was being completely ignored. He encouraged growth in the work market. Cheryl Baker, Ukiah, addressed the need for an anti-discrimination ordinance; specifically against source of income and amount of income. She felt a public policy should be created against discrimination in this community. She further stated the model ordinance came from the County Housing Task Force which the City is a part of. She added that there is nothing in the ordinance which would prevent a credit check to determine a person's ability to pay rent. Dick Selzer, Ukiah, felt it was the right of the owner to determine who he will or will not rent to. He pointed out that State and Federal laws already exist against discrimination. He stated that tenants are screened based on quantity and quality of income. Maureen Werra, Ukiah, understood that with a Court judgment, a tenant's wages could be garnished; however, if the income comes from SSI, the judgment cannot be enforced. Ernie Fine, Ukiah, stated as a property manager, how could he rent to someone with uncertain income? Tom Mason, Redwood Legal Assistance, stated the City must come up with a housing element to provide affordable housing for Ukiah citizens. He felt all entities (private and governmental) should work together to meet that need. He did not agree with the generalization that low income people are bad tenants. He was of the opinion that an anti-speculation provision and a Adj .Mtg. 8/27/82 Page 1 181 statement regarding incentives should be~ contained within the housing element. Dr. Paul Marsh, Ukiah, felt the R-1 zone should be liberalized. Beverly Sanders, Ukiah, felt it was important to have free incentives paid back to the City at the time of ownership change. Don Vander Mey felt Government Code §65916 provided an anti-speculation mechanism. He felt an anti-speculation control would remove the normal incentive of a homeowner to care for his property. He stated that Realtors are opposed to it. Ed Busch, Ukiah, stated he is presently finishing 114 units in Covelo and related his experiences with low income housing. He felt government should stay out of private industry. Alfred Nicholaison was of the opinion that people coming to this community without a job could be considered speculators also. Larry Kier gave the following comments regarding the Action Program: government agencies could provide the expertise to the private sector regarding governmental financing (2); referred to designating certain existing parcels as building sites and asked why new subdivisions should not be also included for better use of the land (3); did not feel hillside construction should be limited to nonagricultural land for better use of the land (5); felt governmental agencies should be in the foreground of construction and its position be advisory to local contractors (8); felt that CDC locating and acquiring sites for resale to developers would add to costs (19). Becky Jondahl felt references to CDC and RCHDC should be deleted from the housing element because they are not being funded for what the housing element is charging them to do. Tom Goforth, Ukiah, asked Council to reconsider its designation of his property to R-1. Don Vander Mey felt the Council could make land available by increasing density. George Davis, Builders Exchange, referred to a statement regarding constraints on page 5 and felt those constraints would result in higher costs and higher costs are a constraint to affordable housing. Fees and process delays are part of production costs and beyond the control of the developer. He felt the philosophy that development must pay for itself directly conflicts with the idea of providing affordable housing. He felt State and local government have the responsibility to make adequate provision for the housing needs of all economic segments. Inclusionary zoning would raise production costs and free market units would become overpriced. He noted that inclusionary units throughout the State have mainly been bestowed on the middle 1/3 income distribution - not low income home buyers. Tim Morrision, Redwood Legal Assistance, felt a need for the Council to have a specific policy relating to Government Code §65915 & §65916, density bonus and resale controls. He felt Council should consider a condominium conversion ordinance as it is rapidly becoming a problem. He pointed out that many action program items have time frames and suggested that staff prepare, at specified intervals, a report on the implementation of the action program. Larry Kier encouraged Council to find out why local contractors cannot compete with out of County contractors. Adj .Mtg. 8/27/82 Page 2 182 Cheryl Baker spoke in favor of resale controls in that it will help pass on units that have been subsidized already. Marlene Werra felt people would appreciate a home more if they have to work for.it rather than be subsidized. Ernie Fine spoke to the financing of FHA homes and was of the opinion that any profit should be turned back to taxpayers. PUBLIC HEARING CLOSED. M/S: Hickey/Myers to adopt Housing Element Action Program with Realtors' suggestions. Councilmember Feibusch stated he was in basic agreement with the Realtors' suggestions; however, he felt the Action Program should be reviewed item by item. Motion failed by the following roll call vote: AYES: Hickey, Myers NOES: Feibusch, Kelley, Riley ABSENT: None It was the consensus of Council that each Action Program be individually reviewed. Action Program 1. No change. · Add the words "and the private sector" after the word "agencies." 3. No change. 4. It was the feeling of Council that this item be deleted but no action would be taken until HCD's review is received. 5. Delete "affordable." 6. Adopt Realtors' No. 6: "Encourage efforts by local entities including nonprofit organizations, social service agencies, and churches to establish and maintain an appropriate emergency housing program." 7. No change. 8. Add "and any other interested parties" after (RCHDC). Councilmember Kelley stated his concern that the only testimony being considered at this time was the Realtors. Mayor Riley indicated she had noted the verbal testimony. 9. No change. 10. Add the following statement: "Staff shall report progress on implementation of the Housing Element twice yearly." 11. No change. 12. No change. 13. Add statement: "The City shall establish a policy to implement the density bonus and resale control provisions of the law by July, 1983. 14. No change. 15. Add "encourage" after the word "will." 16. Delete the word "no" and add "reasonable." Adj .Mtg. 8/27/82 Page 3 183 17. No change. 18. No. change. 19. Delete "shall" and add "may." 20. No change. 21. Add "a" after "regarding"; identify State law. 22. No change. 23. No change. Add No. 24: "The City shall study a condominium conversion policy relating to social issues." Add No. 25: "The City shall annually review development fees to be sure they accurately reflect costs." Tom Mason opposed charging tenants a fee for inspection of rental units. It was the consensus of Council that no cost be charged for inspection of rental units (#16). Dick Selzer spoke in opposition to an anti-discrimination ordinance. M/S: Feibusch/Kelley to instruct staff to send Housing Element to HCD. Motion carried by the following roll call vote: AYES: Feibusch, Kelley, Hickey, Myers, Riley NOES: None ABSENT: None ADJOURNMENT - 5:16 P.M. Mary Melvin Deputy City Clerk Adj .Mtg. 8/27/82 Page 4