City of Port St. Lucie header
File #: 2021-077    Version: Name:
Type: Ordinance Status: Passed
File created: 1/13/2021 In control: City Council
On agenda: 2/8/2021 Final action: 2/8/2021
Title: Ordinance 21-12, Public Hearing, Approve Amendment to Chapter 100: Local Housing Assistance
Attachments: 1. House Bill 1339 – Omnibus Housing Bill - 27, 2. Sec._100.07.___Affordable_housing_advisory_committee__creation Strikethrough-Underline version

Placement: Second Reading of Ordinances / Public Hearing                     

Action Requested: Motion / Vote                     

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Ordinance 21-12, Public Hearing, Approve Amendment to Chapter 100: Local Housing Assistance 

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Submitted By: Alessandra (Alex) Tasca, Community Programs Administrator, Neighborhood Services

 

Strategic Plan Link: The City’s Mission to be responsive to our community.

 

Executive Summary (General Business): In June of 2020 the State Legislature passed House Bill 1339 - Omnibus Housing Bill (HB 1339) amending Senate Bill 998 which requires local governments who receive State Housing Initiative Partnership (SHIP) funds to appoint an elected official to their Affordable Housing Advisory Committee (AHAC) and convene the committee annually as opposed to every three years. The City of Port St. Lucie must make edits to Chapter 100: Local Housing Assistance Ordinance in order to reflect the changes introduced by HB 1339.

 

Presentation Information: N/A - Staff from Neighborhood Services and the City Attorney’s Office are available for questions.

 

Staff Recommendation: Move that the Council vote to amend Chapter 100 as indicated per requirements put into effect by HB 1339 and have a discussion regarding the nomination .

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and provide staff direction.

2.                     Move that the Council not approve the proposed amendments and provide staff direction.

 

Background: The AHAC shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value.

 

Issues/Analysis: Per HB 1339 and direction from the Florida Housing Coalition (FHC), which manages State SHIP funding compliance, the City has to comply with three changes required by the State when managing the City’s AHAC. The AHAC Report is now an annual requirement, instead of triennial (HB 1339 lines 1036-1055). Therefore, the AHAC shall begin convening yearly as of 2021. The AHAC, when it convenes shall take into consideration all affordable housing incentives outlined in HB 1339 and effective October 1, 2020, one locally elected official from the municipality needs to be appointed to the AHAC every year (HB 1339 lines 1005-1008). Additional information is outlined in an attached presentation from FHC.

                     

Financial Information: AHAC activities are funded by the City’s SHIP administration costs and managed by the Community Programs Division of the Neighborhood Services Department.

 

Special Consideration: The Ordinance needs to be updated so that an elected official can be appointed to the AHAC as activities related to the AHAC and meetings should be scheduled to begin in Febraury/March so that the City can maintain compliance with reporting requirements. Neighborhood Services will work with the Clerk’s Office to solicit applications from interested community members to serve on the AHAC and a Resolution will be drafted for the City Council to approve the recommended appointments. Additionally, the City Attorney’s Office has opined that although City of Port St. Lucie Charter Sec. 3.11 prohibits elected official appointments to advisory committees State law supercedes the Charter. Therefore, an elected official should be appointed to the AHAC.

 

Location of Project: City of Port St. Lucie

 

Attachments: FHC - Omnibus Housing Bill HB 1339 6-29-20 (002), Amendments proposed for Chapter 100: Local Housing Assistance Ordinance

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: 5802

 

Legal Sufficiency Review: 

Reviewed by Ella M. Gilbert, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.