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7981-08 ORDINANCE NO. 7981-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD; AMENDING CODE OF ORDINANCES, ARTICLE 2, DIVISION 9A, SECTIONS 2.226 THROUGH 2.229; INCREASING THE NUMBER OF BOARD MEMBERS FROM SEVEN TO ELEVEN AND PROVIDING FOR QUALIFICATIONS OF SAID MEMBERS; PROVIDING FOR POWERS AND DUTIES OF THE BOARD; PROVIDING PROCEDURES FOR THE BOARD'S ADOPTION OF FINAL HOUSING INCENTIVE STRATEGIES RECOMMENDATIONS; UPDATING OBSOLETE LANGUAGE; AMENDING CODE OF ORDINANCES SECTION 2.063 TO PROVIDE AN EXCEPTION FROM THE CITY RESIDENCY REQUIREMENT FOR CERTAIN MEMBERS OF THE NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to participate in the State Housing Initiatives Partnership, the City of Clearwater must establish a local affordable housing advisory committee, which must triennially adopt an affordable housing report and perform other duties; and WHEREAS, Florida Statutes Section 420.9076 was amended by the 2007 Florida Legislature to provide for additional members and their qualifications, and making other revisions, and it is necessary to harmonize the Code of Ordinances with the new statutory provisions; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Code of Ordinances, Division 9A, Sections 2.226 through 2.229, is hereby amended to read as follows: DIVISION 9A. NEIGHBORHOOD AND AFFORDABLE HOUSING ADVISORY BOARD Sec. 2.226. Creation; membership. (1) There is hereby created and established the Neighborhood and Affordable Housing Advisory Board of the City of Clearwater. (2) The board shall consist of seven a minimum of eleven members who are residents of or conduct work in the city. Members shall be appointed by the Gity commission city council. The board shall include the following: Ordinance No. 7981-08 1. One citizen 'Nho is actively engaged in the residential building industry and/or those areas of labor engaged in residential building industry. 2. One citizon who is actively engaged in the banking or mortgage industry 3. One citizen 'Nho is designated as an advocate for lo'.\' income persons. -1. One citizen who is a provider of affordable housing and/or a real estate professional. 5. One citizen '....ho is a resident of one of the city's neighborhood revitalization strategy areas. 6. One citizen who is a resident of the city. 7. One citizen 'Nho is a resident of East ClearNater. For the purposes of this subsection, the boundaries of East Cleal\\'ater shall be defined by resolution of the city commission. 1. One citizen who is actively enqaqed in the residential home buildinq industry in connection with affordable housinq. 2. One citizen who is actively enqaqed in the bankinq or mortqaqe industry in connection with affordable housinq. 3. One citizen who is a representative of those areas of labor enqaqed in home buildinq in connection with affordable housinq. 4. One citizen who is actively enqaqed as an advocate for low-income persons in connection with affordable housinq. 5. One citizen who is actively enqaqed as a for-profit provider of affordable housinq. 6. One citizen who is actively enqaged as a not-for-profit provider of affordable housinq. 7. One citizen who is actively enqaqed as a real estate professional in connection with affordable housinq. 8. One citizen who serves on the local planninq aqency pursuant to Florida Statutes Section 163.3174. 9. One citizen who resides within the City of Clearwater. 10. One citizen who represents employers within the City of Clearwater. 11. One citizen who represents essential services personnel. as defined in the local housinq assistance plan. (3) Of the initial appointments, three members shall be appointed for a term of four years; two members shall be appointed for a term of three years; two members shall be appointed for a term of two years. Thereafter, appointments shall be for a term of four years. A member, including a member initially appointed for term of less than four years, may be reappointed for not more than one additional term. If a vacancy occurs, a new appointment shall be made by the city commission council for the unexpired term. Members shall serve without pay. Sec. 2.227. Officers; conduct of meetings; staff liaison. (1) The board shall elect from its membership a chairperson, a vice- chairperson, and such other officers as the board may find necessary. Each 2 officer of the board shall serve for a term of one year. The chairperson shall not serve consecutive terms as chairperson. (2) The board shall adopt rules of procedure to govern the conduct of its business. The board shall hold at least one regular meeting every three months and may hold regular meetings more frequently as the board may agree, but not more than one regular meeting shall be held per month. Special meetings may be called as is necessary by the chairperson, or by any three members, upon not less than 24 hours written notice. A quorum shall consist of the majority of the members currently serving. In the presence of a quorum, board business shall be conducted by a majority vote of the members present and voting. The board and its members shall comply with the public records and public meeting laws and other applicable laws of the State of Florida. (3) The city manager shall designate a city employee to serve as staff liaison for the board and to assist the board in the performance of its duties, including the appointment of a recording secretary to meet the administrative needs of the board. Any request by the board for information, reports, or other significant work efforts that will reasonably be expected to exceed eight hours of staff time shall require the advance approval of the city commission council. Sec. 2.228. Powers and duties. The board shall have the followinq powers and duties: Every three years the board shall review the established policies and procedures. ordinances. land development requlations. and adopted local qovernment comprehensive plan of the city and shall recommend specific actions or initiatives to encouraqe or facilitate affordable housinq while protectinq the ability of the property to appreciate in value. The board shall submit a report to the city that includes recommendations on and triennially thereafter evaluates the implementation of affordable housinq incentives in the followinq areas; (a) The processinq of approvals of development orders or permits and expedited permittinq for affordable housinq proiects. (b) The modification of impact fee requirements. includinq reduction or waiver of fees and alternative methods of fee payment for affordable housinq. (c) The allowance of flexibility in densities for affordable housinq. (d) The reservation of infrastructure capacity for housinq for very-low income persons. low-income persons. and moderate income persons. (e) The allowance of affordable accessory residential units in residential zoninq districts. (f) The reduction of parkinq and setback requirements for affordable housing. (g) The allowance of flexible lot confiqurations, includinq zero-lot line confiqurations for affordable housinq. (h) The modification of street requirements for affordable housinq. (i) The establishment of a process by which the city considers. before adoption. policies, procedures. ordinances, requlations, or plan provisions that increase the cost of housinq. 3 U) The preparation of a printed inventory of locallv owned public lands suitable for affordable housinQ. (k) The support of development near transportation hubs and maior employment centers and mixed-use developments. The approval bv the board of the city's local incentive strateQies recommendations and its review of local Qovernment implementation of previouslv recommended strateQies must be made bv affirmative vote of a maioritv of the membership of the board taken at a public hearinQ. Notice of the time, date, and place of the public hearinQ of the board to adopt final housinQ incentive strateQies recommendations must be published in a newspaper of Qeneral paid circulation in Pinellas County. The notice must contain a short and concise summary of the housinQ incentive strateQies recommendations to be considered bv the board. The notice must state the public place where a cOpy of the tentative board recommendations can be obtained bv interested persons. Within ninety days after the date of receipt of the housinQ incentive strateQies recommendations from the board, the city council shall adopt an amendment to its local housinQ assistance plan to incorporate the housinQ incentive strateQies it will implement. In addition, the board may: (1) Review the programs of the city which are directed to improving the physical environment and lifestyle of low to moderate income people assisted by the various federal aM.!. state and county housing and community development programs the city receives, by: (a) Assessing neighborhood needs; (b) Formulating neighborhood goals and objectives; (c) Establishing priorities for projects within neighborhoods; (d) Monitoring programs; and (e) Evaluating programs. (2) The monitoring and evaluation of programs shall, as a minimum, include the following activities: (a) Attending and participating in public hearings regarding the programs; (b) Reviewing condition data; (c) Reporting citizen reactions to projects and programs; (d) Reviewing reports regarding projects and program activities; (e) Reviewing goals and objectives and recommending priorities for the order in which activities are to be undertaken; and (f) Reviewing applications for the funding of selected programs. (3) Make recommendations to the city manager and city commission council regarding such programs. (4) Carry out the duties of an advisory committee when and to the extent that an advisory committee may be required for the various state aM Jederal and county housing and community development programs the city receives. 4 (5) Those other powers and duties of the affordable housing advisory committee as are provided by law as stated in section 1 of Ordinance 5410 93, adopted July 1,1993. Sec. 2.229. Removal. (1) The city commission council shall have the authority to remove any member of the board for misconduct or neglect of duty. (2) The city manager shall have the authority to remove any member of the board for excessive absence as defined in section 2.066. Section 2. Code of Ordinances Section 2.063 is hereby amended to read as follows: Sec. 2.063. Qualifications and appointment of members. (1) In addition to other qualifications which may be specified for board membership, a person appointed to a board shall be a resident of the city at the time of appointment and shall maintain residency within the city during the term of the appointment as a condition of eligibility to hold office. No employee of the city shall be appointed to membership on a board of the city. As exceptions to the requirements of this section: * * * * * (i) The persons appointed to the Neiqhborhood and Affordable Housinq Advisory Board need not be residents of the city as lonq as they meet the qualifications set forth in Section 2.226(2), except that the person referenced in Subsection 2.226(2)9. must be a resident of the city. ***** Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING June 19, 2008 5 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: 6 August 7, 2008 4~j/~ ~V. Hibbard Mayor Attest: