housing advisory commission - berkeley, california · developing a list of names for recommendation...

Housing Advisory Commission

2180 Milvia Street – 2nd Floor • Berkeley

Time: 7:00 p.m.

All agenda items are for Discussion and Possible Action.

Public Comment Policy: Members of the public may speak on any items on the Agenda and items not on the Agenda during the initial Public Comment period. Members of the public may also comment on any item listed on the agenda as the item is taken up. Members of the public may not sonce on any given item. The Chair may limit public comments to 3 minutes or less.

1. Roll Call

2. Agenda Approval

3. Public Comment

4. Approval of June 5, 2014

5. Update on Berkeley 75 Renovations (former Public Housing Units)Companies

6. Property Transfer Tax Refund for the David Brower Center and for Resources for Community Development

7. Discussion of Housing Impacts Related to the Green Downtown and Public Commons Initiative Ballot Measures

(Attachment 3 and see also Plan: http://www.ci.berkeley.ca.us/Clerk/City_Council/2014/06_Jun24_Item_51c_Section_9212_Report_Downtown_

8. Housing Trust Funds Guidelines Review and Funding

Proposals Round - Staff (

http://www.ci.berkeley.ca.us/uploadedFiles/Housing/CouncilAdopted2009HTFGuidelines.pdf

9. Tenant Support for Affordable Housing

10. Berkeley Way Request for Qu

11. Developing A List of Names for Recommendation to Council To Increase Diversity on the Housing Advisory Commission

12. Update on HAC Council Items

Berkeley • CA • 94704 • Tel. 510.981.5400 • TDD: 510.981.6903 • Fax: 510.981.5450E-mail: [email protected]

HOUSING ADVISORY COMMISSION

Regular Meeting Thursday, July 10, 2014

South Berkeley Senior Center 2939 Ellis Street

Acting Secretary Kristen Lee

AGENDA All agenda items are for Discussion and Possible Action.

embers of the public may speak on any items on the Agenda and items not on the Agenda during the initial Public Comment period. Members of the public may also comment on any item listed on the agenda as the item is taken up. Members of the public may not speak more than

The Chair may limit public comments to 3 minutes or less.

PRELIMINARY MATTERS

Meeting Minutes (Attachment 1)

UPDATES / ACTION ITEMS

Renovations (former Public Housing Units) –

Refund for the David Brower Center and for Resources for Community Development - Staff (Attachment 2)

Discussion of Housing Impacts Related to the Green Downtown and Public Commons Ballot Measures Analysis – All

see also City Impact Report (9212 Report) on Downtown Area http://www.ci.berkeley.ca.us/Clerk/City_Council/2014/06_Jun/Documents/2014

24_Item_51c_Section_9212_Report_Downtown_-_Supp.aspx

Guidelines Review and Funding Available for Next

Staff (See Housing Trust Fund Guidelines:

http://www.ci.berkeley.ca.us/uploadedFiles/Housing/CouncilAdopted2009HTFGuidelines.pdf

Tenant Support for Affordable Housing – Vincent Casalaina (Attachment

Berkeley Way Request for Qualifications Panel Update – Soto-Vigil/Staff

Developing A List of Names for Recommendation to Council To Increase Diversity on the Housing Advisory Commission – Igor Tregub, Lori Droste

Update on HAC Council Items – All/Staff :

Fax: 510.981.5450


South Berkeley Senior Center 2939 Ellis Street – Berkeley Kristen Lee, (510) 981-5427

All agenda items are for Discussion and Possible Action.

embers of the public may speak on any items on the Agenda and items not on the Agenda during the initial Public Comment period. Members of the public may also comment on

peak more than

– Donald Lusty, Related

Refund for the David Brower Center and for Resources for

Discussion of Housing Impacts Related to the Green Downtown and Public Commons

y Impact Report (9212 Report) on Downtown Area /Documents/2014-06-

Next HTF Request for

http://www.ci.berkeley.ca.us/uploadedFiles/Housing/CouncilAdopted2009HTFGuidelines.pdf)

Vincent Casalaina (Attachment 4)

Staff (Attachment 5)

Developing A List of Names for Recommendation to Council To Increase Diversity on the

Housing Advisory Commission Regular Meeting July 10, 2014 of 2

Please refrain from wearing scented products to public meetings.

This meeting is being held in a wheelchair accessible location.

a. Exemption of Fire-Damaged Buildings from Affordable Housing Mitigation Fee: Council Action (June 24, 2014) – “Refer the Housing Advisory Commission recommendations to the City Manager for analysis.”

b. NAACP Recommendations: Council Action (July 8, 2014) – Verbal Report Back

HAC: http://www.cityofberkeley.info/Clerk/City_Council/2014/07_Jul/Documents/2014-07-08_Item_44a_Support_Selected_NAACP_HAC.aspx City Manager: http://www.cityofberkeley.info/Clerk/City_Council/2014/07_Jul/Documents/2014-07-08_Item_44b_Support_Selected_NAACP_CM.aspx

c. Creating a Property Assessed Clean Energy (PACE) Program that Finances Seismic Retrofit Work (September 2014)

d. Recommendation Not To Grant New Residential Permits Until Pending Code Violations On Other Properties Owned By The Same Property Owner Are Abated (September 2014)

e. Amending Berkeley City Council Procedures on Building Official Appeals to Allow Automatic Public Hearings (September 2014)

13. Future Items (All) a. Updating Berkeley’s Energy Efficiency Requirements (Residential Energy Conservation (RECO) and Commercial Energy Conservation Ordinances (CECO)

14. Announcements

15. Adjourn

ATTACHMENTS

1. Draft Minutes of the June 5, 2014 HAC Meeting

2. Memo from Amy Davidson: Transfer Tax Refund for the David Brower Center and Oxford Retail

3. Ballot Initiative Comparison Downtown Housing Policies

4. Motion from Vincent Casalaina: Tenant Support for Affordable Housing

5. SAHA Letter Re: RFQ for Berkeley Way Written material may be viewed in advance of the meeting at the Housing Department, 2180 Milvia Street, 2nd Floor, during working hours or at the Berkeley Public Library, Shattuck/Kittredge Streets, during regular library hours at the Reference Desk. Accommodations Provided Upon Request. To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date. Providing at least three working days’ notice will help to ensure availability at the meeting. Communications to Berkeley boards, commissions or committees are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or committee. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the secretary to the relevant board, commission or committee for further information.



Time: 7:00 p.m.

DRAFTAll agenda items are for Discussion and Possible

1. Roll Call Present: Casalaina, Chang, Darrow, Drake, Droste, Magofna, Skjerping, Tregub, and Wolfe. Absent: None. Staff Presentmembers from the public were present

2. Agenda Approval Commissioner Casalaina made approve the Agenda with the revisionMagnofa and was subsequently Droste, Magofna, Drake, Skjerping. Noes: Darrow, Chang, and Tregub. Abstentions: Wolfe. Absent: None).

3. Public Comment: None.

4. Approval of April 3, 2014 reviewed: (M/S/C: Casalaina/Magofna: Ayes: Magofna, Skjerping, Tregub, and WolfeDroste. Absent: None.)

5. Approval of May 1, 2014 Meeting Minutes: recommended edits and voted to approve the Ayes: Casalaina, Darrow, Droste, Skjerping, Tregub, and WolfeAbstentions: Chang, Magofna, and Drake.

1. Updating Berkeley’s Energy Efficiency Requirements Conservation (RECO) and Commercial Energy Conservation Ordinances (CECO): A Proposed Approach Commissioners discussed several issuesRecommendations included defining “longand suggestions for not stating “prebelow market rate units.

2. Award of Additional Housing Trust Funds for William Byron Rumford Plaza and a Renegotiation of an Older City Loan to

HOUSING ADVISORY COMMISSION Regular Meeting

Thursday, June 5, 2014

South Berkeley Senior Center 2939 Ellis Street

Acting Secretary – Kristen Lee, (510) 981

RAFT MINUTES All agenda items are for Discussion and Possible Action.

PRELIMINARY MATTERS

Casalaina, Chang, Darrow, Drake, Droste, Magofna, Skjerping, Tregub, and Staff Present: Lee, Asterino, Romain. Public:

were present including Councilmember Jesse Arreguin.

made a motion to remove item #5 from the Agendawith the revision. The motion was seconded by Commissioner

subsequently passed. (M/S/C: Casalaina/Magofna: Ayes: Casalaina, Drake, Skjerping. Noes: Darrow, Chang, and Tregub. Abstentions:

Meeting Minutes: Motion made to accept minutes as reviewed: (M/S/C: Casalaina/Magofna: Ayes: Casalaina, Chang, Darrow, Drake, Magofna, Skjerping, Tregub, and Wolfe. Noes: None. Abstentions: Chang and

Approval of May 1, 2014 Meeting Minutes: Commissioners made a fewvoted to approve the minutes. (M/S/C: Tregub/Casalaina:

Casalaina, Darrow, Droste, Skjerping, Tregub, and Wolfe. Noes: None. Abstentions: Chang, Magofna, and Drake. Absent: None.)

UPDATES / ACTION ITEMS Updating Berkeley’s Energy Efficiency Requirements (Residential Energy Conservation (RECO) and Commercial Energy Conservation Ordinances (CECO):

discussed several issues and made suggestions to staff Billi Romain.Recommendations included defining “long-term renters”, defining “financial hardships”, and suggestions for not stating “pre-Costa Hawkins”, and stating the percentage of

Additional Housing Trust Funds for William Byron Rumford Plaza and a Renegotiation of an Older City Loan to Adjust the Interest Rate and Forgive

South Berkeley Senior Center 2939 Ellis Street – Berkeley

, (510) 981-5427

Action.

Casalaina, Chang, Darrow, Drake, Droste, Magofna, Skjerping, Tregub, and : Approximately 12

including Councilmember Jesse Arreguin.

remove item #5 from the Agenda and to was seconded by Commissioner

(M/S/C: Casalaina/Magofna: Ayes: Casalaina, Drake, Skjerping. Noes: Darrow, Chang, and Tregub. Abstentions:

Motion made to accept minutes as Casalaina, Chang, Darrow, Drake,

Abstentions: Chang and

Commissioners made a few minutes. (M/S/C: Tregub/Casalaina:

Noes: None.

(Residential Energy Conservation (RECO) and Commercial Energy Conservation Ordinances (CECO):

to staff Billi Romain. fining “financial hardships”,

, and stating the percentage of

Additional Housing Trust Funds for William Byron Rumford Plaza and a Adjust the Interest Rate and Forgive

ATTACHMENT 1

Page 1 of 3

Housing Advisory Commission Regular Meeting Draft Minutes June 5, 2014 Page 2 of 3

Accumulated Interest. Commissioner Wolfe recused herself from the discussion of Item 2 as she is a member of Resources for Community Development’s Board of Directors. Three residents of the William Byron Rumford Sr. Plaza development addressed the Commission. Following a presentation by City staff, several questions from the commissioners were answered by staff. The HAC was requested to approve a recommendation to City Council which includes the following: 1) to approve the additional funding, 2) to forgive the accrued interest on the two existing City loans, and 3) to approve the refinancing of the original principal balances of the three existing City loans with Housing Trust Fund (HTF) loan. A motion was made to support $740,000 in additional funds, but to open the HTF for a new pipeline of projects before funding anything else. Motion failed: (M/S/C: Casalaina/Magofna: Ayes: Casalaina and Magofna. Noes: Chang, Darrow, Droste, Drake, Skjerping, and Tregub.) A motion to approve the staff recommendation passed (M/S/C: Darrow/ Drake. Ayes: Chang, Darrow, Drake, Droste, Magofna, Skjerping, and Tregub. Noes: None. Abstentions: Casalaina. Recused: Wolfe. Absent: None). Discussion followed on releasing a Request for Proposals for HTF funding. Staff will present an overview of HTF funding capacity at the next meeting.

3. HAC Priorities Related to Berkeley Way Request for Qualifications Panel Included in the packet was Commissioner Wolfe’s summary notes, which she suggested the HAC submit to Commissioner Soto-Vigil as the HAC’s RFQ priorities. Suggestions were accepted from the commissioners to substitute “Overall Downtown Parking Strategy” for “Downtown Plan” and under the topic of “Other options to Relocate Services” to add “the concern for potential for earthquake and existing impediments to accessing supportive services at existing (Veterans’ Building) site.” A motion to approve the summary report with additions and changes passed: (M/S/C: Cassalaina/Skjerping. Ayes: Chang, Darrow, Drake, Droste, Magofna, Skjerping, Tregub, and Wolfe. Noes: None. Abstentions: None. Absent: None).

4. Developing a List of Names for Recommendation to Council to Increase Diversity on the Housing Advisory Commission Commissioner Drake suggested adding the Pacific Center, Asian Health Services, and student services, to the list of names distributed. Commissioners can email suggestions to staff so staff can forward back to HAC for consideration.

5. Council Referral Regarding an Analysis Under Elections Code Section 9212: Greentown and Public Commons Initiative Item removed from agenda.

6. Community Agency Request for Proposal Process Update

Staff reported that the CDBG subcommittee can choose to make site visits to agencies receiving City funds that are reviewed by the HAC. Commissioners Droste, Skjerping, and Magofna will serve on the CDBG subcommittee. Staff also reported that a series of meetings will be held to discuss and analyze the delivery of local homeless services, and also reported a review and evaluation of youth services and outcomes will be conducted by consultants. The results of these processes may have implications for the next RFP for funding that will be released in November or December.

ATTACHMENT 1

Page 2 of 3

Housing Advisory Commission Regular Meeting Draft Minutes June 5, 2014 Page 3 of 3

7. Update on HAC Council Items

Staff reported on the status of HAC’s Council items and their proposed schedules for being submitted to Council.

8. Future Items 1. Councilmember Arreguin spoke to commissioner’s questions regarding the upcoming

ballot initiative and the HAC’s requested input into that process. The item will be on the HAC’s July 10th agenda.

2. The status of the Berkeley Way RFQ proposals will be discussed at the July HAC meeting.

3. Berkeley 75 Scattered Sites Project – progress of the Berkeley 75 scattered site will be reviewed at the July meeting. A representative from Related Companies will be at that meeting.

4. HTF pipeline of projects – staff will bring to HAC an overview of HTF funding, projects funded; and update of what funding might be available in the future.

9. Announcements

No announcements were made.

10. Adjourn Motion made to adjourn the meeting. (M/S/C: Darrow/Magnofa. Ayes: Casalaina, Chang, Darrow, Drake, Droste, Magofna, Skjerping, Tregub, and Wolfe. Noes: None. Abstentions: None. Absent: None). Meeting adjourned at 9:25 p.m.

Approved on ____________________________ _______________________, Kristen Lee, Acting Secretary

ATTACHMENT 1

Page 3 of 3

Department of Health, Housing & Community Services

To: Housing Advisory Commission

From: Amy Davidson, Senior Community Development Project Coordinator

Subject: Transfer Tax Refund for the David Brower Center and Oxford Retail

RECOMMENDATION Recommend that the City Counciland $45,000 to Resources for Community Developmenttransfer tax refund of $183,000, in support, respectively, of the operations ofBrower Center and the retail component of the Oxford Plaza development CURRENT SITUATION AND ITS EFFECTSAs has been contemplated since the Center and Oxford Retail, the financing and ownership LLC (OSD) will be restructured in December 2014. This event is a product of OSD'sfinancing structure, created to leverageBrownfields Economic Development Initiative (City of Berkeley) to utilize federally available tax credits through the New Markets Tax Credit Program (NMTC). During the restructure, DBC and RCD, both 501(c)(3) nonprofit public benefit corporations, will assume ownership of their respective parcels from OSD. This technical transfer of ownership will trigger property transfer taxes from the City of Berkeley, unless otherwise waived. BACKGROUND David Brower Center (DBC) and Resources for Oxford Street Development, LLC (OSD) to develop, finance, and own the David Brower Center and Oxford Retail, collectively a mixedin downtown Berkeley. Construction wascurrently a thriving hub of social and commercial activity in RATIONALE FOR RECOMMENDATIONThe City supported the development BEDI loan and a $2 million Section 108 loan guaranteebenefit it would provide. In addition, on June 24, 2014, the City Council approved $28,638 for Resources for Community Development to support its operatRefunding the transfer tax further supports the operation of these two Berkeleynonprofit organizations. Council approved transfer tax refunds for the Ed Roberts

July 10, 2014


Amy Davidson, Senior Community Development Project Coordinator

Transfer Tax Refund for the David Brower Center and Oxford Retail

Recommend that the City Council grant $138,000 to the David Brower Centerand $45,000 to Resources for Community Development (RCD), in the form of a total transfer tax refund of $183,000, in support, respectively, of the operations ofBrower Center and the retail component of the Oxford Plaza development

CURRENT SITUATION AND ITS EFFECTS As has been contemplated since the inception of the development of the David

, the financing and ownership of Oxford Street Development, LLC (OSD) will be restructured in December 2014. This event is a product of OSD's

created to leverage various public and private debt (including Brownfields Economic Development Initiative (BEDI) and Section 108 loans fromCity of Berkeley) to utilize federally available tax credits through the New Markets Tax

Program (NMTC). During the restructure, DBC and RCD, both 501(c)(3) nonprofit corporations, will assume ownership of their respective parcels from OSD.

technical transfer of ownership will trigger property transfer taxes from the City of otherwise waived.

David Brower Center (DBC) and Resources for Community Development (RCD) formed Development, LLC (OSD) to develop, finance, and own the David Brower

collectively a mixed-use development of public benefit located in downtown Berkeley. Construction was completed in 2009, and the development is currently a thriving hub of social and commercial activity in its fifth year of operations.

RATIONALE FOR RECOMMENDATION The City supported the development of the retail/commercial space with a $1.8 million

Section 108 loan guarantee in recognition of the public In addition, on June 24, 2014, the City Council approved

$28,638 for Resources for Community Development to support its operatRefunding the transfer tax further supports the operation of these two Berkeley

Council approved transfer tax refunds for the Ed Roberts

2014

Amy Davidson, Senior Community Development Project Coordinator

Transfer Tax Refund for the David Brower Center and Oxford Retail

grant $138,000 to the David Brower Center (DBC) , in the form of a total

transfer tax refund of $183,000, in support, respectively, of the operations of the David Brower Center and the retail component of the Oxford Plaza development.

inception of the development of the David Brower Development,

LLC (OSD) will be restructured in December 2014. This event is a product of OSD's various public and private debt (including

on 108 loans from the City of Berkeley) to utilize federally available tax credits through the New Markets Tax

Program (NMTC). During the restructure, DBC and RCD, both 501(c)(3) nonprofit corporations, will assume ownership of their respective parcels from OSD.

technical transfer of ownership will trigger property transfer taxes from the City of

Community Development (RCD) formed Development, LLC (OSD) to develop, finance, and own the David Brower

use development of public benefit located in 2009, and the development is

its fifth year of operations.

with a $1.8 million in recognition of the public

In addition, on June 24, 2014, the City Council approved $28,638 for Resources for Community Development to support its operations. Refunding the transfer tax further supports the operation of these two Berkeley-based

Council approved transfer tax refunds for the Ed Roberts

ATTACHMENT 2

Page 1 of 2

July 10, 2014

Campus and for the Berkeley Scattered Site (Berkeley Housing Authority public housing disposition).

ATTACHMENT 2

Page 2 of 2

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ATTACHMENT 3

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pro

ject

s ($2

0,00

0 fo

r pro

ject

s su

bmitt

ed b

y O

ctob

er 2

014

– af

ter t

hat

date

, fee

is $

28,0

00 p

er u

nit).

In li

eu o

f pa

ying

the

fee,

app

lican

t may

pro

vide

10%

of

the

units

as a

ffor

dabl

e ho

usin

g fo

r ver

y lo

w in

com

e (5

0% o

f AM

I). (

BM

C S

ectio

n 22

.20.

065)

Hot

els w

ill b

e su

bjec

t to

Hou

sing

Lin

kage

Fee

. G

reen

Pat

hway

pro

ject

s – A

n ad

ditio

nal

20%

bui

lt on

site

to b

e pe

rman

ently

af

ford

able

at 5

0% o

f the

Are

a M

edia

n In

com

e, o

r pay

men

t of a

n in

-lieu

fee

(fee

am

ount

not

spec

ified

). (B

MC

Sec

tion

23B

.34.

050.

A)

Aff

orda

ble

Hou

sing

Miti

gatio

n Fe

e or

10%

in

-lieu

aff

orda

ble

hous

ing

rem

ains

un

chan

ged.

Hot

els w

ill b

e su

bjec

t to

Hou

sing

Lin

kage

Fee

. G

reen

Pat

hway

pro

ject

s – A

n ad

ditio

nal

20%

bui

lt on

site

to b

e pe

rman

ently

af

ford

able

at 5

0% o

f the

Are

a M

edia

n In

com

e. (I

n-lie

u fe

es n

ot p

erm

itted

).

App

licat

ions

Sub

mitt

ed b

y N

ovem

ber 4

, 20

14 fo

r pro

ject

s tha

t exc

eed

75 fe

et

Publ

ic b

enef

its h

ave

not y

et b

een

dete

rmin

ed fo

r bui

ldin

gs th

at e

xcee

d 75

fe

et.

Bui

ldin

gs e

xcee

ding

75

feet

may

be

appr

oved

as l

ong

as th

ey c

ompl

y w

ith

Gre

en P

athw

ay re

quire

men

ts (t

hat a

re

spec

ified

in th

e In

itiat

ive)

.

ATTACHMENT 3

Page 3 of 3

Motion The HAC recommends Council request the Rent Stabilization Board to supply them with the following information.

The RSB shall determine from the data they have on current rent controlled units:

1) The vacancy rate for rent controlled housing in Berkeley as of November 1, 2014. 2) A table showing the number of tenants who have been in their units for 7-8 years, 9-11 years, 12-14 years and 15+ years. 3) A three dimensional table showing the number of years long term tenants (7 to 14 years of tenancy) and very long term tenants (15 years or more of tenancy) have been in their units, the size of the units they are living in and the current average rent for comparable units given number of years in unit and size of the unit.

The RSB shall determine by a statistically valid anonymous survey the breakdown of the income of long term and very long term tenants broken down by years of occupancy and size of unit.

The reason for requesting this information is to see if long term tenants who receive the greatest benefit from controlled rents can help support the creation of permanent affordable housing in Berkeley, the number one concern of voters in Berkeley.

ATTACHMENT 4

Page 1 of 1

ATTACHMENT 5

Page 1 of 2

ATTACHMENT 5

Page 2 of 2