Regular Meeting Agenda 03.27.24 Page 1 of 2
A
GENDA
REGULAR MEETING
CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, March 27, 2024
7:00 PM
The City Council meeting will be held in person in the Council Chambers as detailed below. As a courtesy and technology permitting, the meeting will also be held virtually via Zoom Video Conference. However, the Town cannot guarantee that the public’s access to the Zoom virtual platform will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue.
To attend the meeting in person:
Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014 To participate in the meeting via Zoom Video Conference:
Join Zoom Meeting:
https://us02web.zoom.us/j/81289976261
Passcode: 074407
Meeting ID: 812 8997 6261
Dial by your location:
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To provide Public Comment in person:
Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less.
To provide Public Comment via Zoom Video Conference:
Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the consent calendar being heard, or prior to the close of the public comment period for agenda items or non-agenda items. In response, the Town will unmute the speaker and allow them to speak up to three minutes.
To provide Public Comment in writing:
Members of the public may provide written comments by email to the City Clerk at [email protected] before the meeting. Emailed comments should include the specific agenda item on which you are commenting or note that your comment concerns an item that is not on the agenda. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words.
As a reminder, the Town cannot guarantee that the public’s access to the Zoom virtual platform will be uninterrupted, and technical difficulties may occur from time to time. Therefore, if you want to ensure you are able to attend the meeting and/or make public comment, you may wish to attend in person.
Regular Meeting Agenda 03.27.24 Page 2 of 2
PLEDGE OF ALLEGIANCE AND ROLL CALL
ADOPTION OF AGENDA
PRESENTATION
• Citizen Recognition
PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.
Comments on Agenda Items will be heard when the item is called.
CONSENT CALENDAR
1. Motion to Accept the Minutes from the March 13, 2024 Regular Meeting.
2. Motion Accepting the 2023 Annual Report on the Implementation of the General Plan, Including the Housing Element Pursuant to CEQA Guideline 15378.
3. Motion Approving and Accepting the Development Impact Fee Report for Fiscal Year Ending June 30, 2023 Pursuant to CEQA Guideline 15378.
4. Motion to Adopt a Resolution Amending Colma Administrative Code Section 2.02.040, Relating to Disqualified Persons That Are Ineligible from Becoming a Tenant at the Town’s Senior Housing Complex (Creekside Villas) Pursuant to CEQA Guideline 15378.
NEW BUSINESS
5. ESTABLISHING AN ECONOMIC DEVELOPMENT SUBCOMMITTEE
Consider: Motion to Establish a City Council Standing Economic Development Subcommittee and Select Two City Council Members to Serve on the Subcommittee.
STUDY SESSION
6. PROPS AND MEASURES PRESENTATION
This item is for discussion only; no action will be taken at this meeting.
REPORTS
Mayor/City Council
City Manager
ADJOURNMENT
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call 650-997-8300 or email a request to [email protected].
Reasonable Accommodation
Upon request, this publication will be made available in appropriate alternative formats to persons with disabilities, as required by the Americans with Disabilities Act of 1990. Any person with a disability, who requires a modification or accommodation to view the agenda, should direct such a request to Juan Rumayor, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.
Minutes – Regular Meeting 03.13.24 Page 1 of 4
MINUTES
REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also Accessible via Zoom.us
Wednesday, March 13, 2024
7:00 PM
PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Goodwin called the meeting to order at 7:02 p.m.
Council Present – Mayor John Irish Goodwin, Vice Mayor Ken Gonzalez, and Council Members Carrie Slaughter, Helen Fisicaro, and Joanne F. del Rosario were present.
Staff Present – City Manager Daniel Barros, City Attorney Christopher Diaz, Chief of Police John Munsey, City Planner Farhad Mortazavi, Interim Administrative Services Director Stuart Schillinger, Recreation Services Manager Angelika Abellana, Interim City Clerk Abigail Dometita, and Administrative Technician Shelby Wright were in attendance.
The Mayor announced, “Regarding Public Comment: Members of the public who are here in person are requested to complete a yellow speaker card and submit it to the City Clerk.
Those of you on Zoom may make public comments by using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad. The City Clerk will unmute your microphone and allow you to speak. Comments should be kept to three minutes or less.”
REPORT FROM CLOSED SESSION
The Mayor stated, “No action was taken at tonight’s closed session.”
ADOPTION OF THE AGENDA
Mayor Goodwin asked if there were any changes to the agenda. None were requested. The Mayor asked for a motion to adopt the agenda.
Action: Council Member del Rosario moved to adopt the agenda; the motion was seconded by Vice Mayor Gonzalez and carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor ✓
Ken Gonzalez ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
5 0
Item #1
Minutes – Regular Meeting 03.13.24 Page 2 of 4
PRESENTATIONS
▪ The Mayor read a proclamation in honor of March 2024 as Women’s History Month.
• Recreation Services Manager Angelika Abellana presented the award recipients of the 100th Year Anniversary Coloring Contest:
• Ages 5 and under:
o Angelo Acosta
o Juliet Jacildo
o Ava Sanz
• Ages 6-8:
o Holly Hartdegen
o Cilolee Lee
o Yuri Young
• Ages 9-12:
o Georgia Milo
o Alexander Yohannes
o Aiden Acierto-Sansano
• Ages 13 and up:
o Allison Mercado
The Mayor called for a short break at 7:11 p.m. for pictures in honor of the award recipients. The meeting resumed at 7:19 p.m.
PUBLIC COMMENTS
Mayor Goodwin opened the public comment period at 7:19 p.m. and seeing no one request to speak, he closed the public comment period.
CONSENT CALENDAR
2. Motion to Accept the Minutes from the February 28, 2024 Regular Meeting.
3. Motion to Approve Report of Checks Paid for February 2024.
4. Motion Accepting the 2023 Surplus Land Annual Inventory Pursuant to CEQA Guideline 15378.
5. Motion Accepting the 2023 Annual Report on the Implementation of the General Plan, Including the Housing Element Pursuant to CEQA Guideline 15378.
Action: Vice Mayor Gonzalez moved to approve consent calendar items #2 through 5; the motion was seconded by Council Member Fisicaro and carried by the following vote:
Minutes – Regular Meeting 03.13.24 Page 3 of 4
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor ✓
Ken Gonzalez ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
5 0
NEW BUSINESS
6. 2024 ADULT HOLIDAY PARTY
Recreation Services Manager Angelika Abellana presented the staff report. The Mayor opened the public comment period at 7:29 p.m. and seeing no one request to speak, he closed the public comment period. Council discussion followed.
Action: Council Member Fisicaro moved to Direct the City Manager to: (1) Plan and Coordinate an Adult Holiday Event in December 2024; (2) Set the Participation Fee for the Adult Holiday Party at $15 for Adults and $10 for Seniors and Disabled as Authorized Under Colma Administrative Code Section 2.01.080, All Pursuant to CEQA Guidelines 15301 And 15323.; the motion was seconded by Council Member Slaughter and carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor ✓
Ken Gonzalez ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
5 0
STUDY SESSION
7. ECONOMIC DEVELOPMENT COMMITTEE
City Manager Daniel Barros presented the staff report. The Mayor opened the public comment period at 7:43 p.m. and seeing no one request to speak, he closed the public comment period. Council discussion followed. At 7:52 p.m. the Mayor invited virtual attendee Felicia Leong, President of the Daly City Colma Chamber of Commerce, to comment on Zoom. She made a few remarks and more Council discussion followed.
This item was for discussion only; no action was taken at this meeting.
COUNCIL CALENDARING
The next Regular Meeting will be on Wednesday, March 27, 2024 at 7pm.
REPORTS
Minutes – Regular Meeting 03.13.24 Page 4 of 4
City Manager Daniel Barros gave an update on the following topics:
▪ Home Depot has been issued a permit for temporary shoring. The Town will review a permit for a permanent fix once the temporary work is completed. ▪ F Street Wall Mural is more than 70% finished. Recognition goes to the Public Works Maintenance department and PD for assisting in the lane closure on F St. ▪ New concrete, graffiti-coated benches, picnic tables, and trash cans will be installed at Sterling Park.
Mayor Goodwin reported he recently met with BART representatives to discuss constituents’ complaints regarding trash in the area.
Vice Mayor Gonzalez shared information regarding a battery backup storage conference at the Cow Palace next Wednesday.
ADJOURNMENT AND CLOSE IN MEMORY
Mayor Goodwin adjourned the meeting at 8:01 p.m. in memory of Luis del Rosario, Jr. eldest brother of Council Member del Rosario.
Respectfully submitted,
Abigail Dometita
Interim City Clerk
Staff Report – 2023 Annual Planning Report Page 1 of 3
STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Farhad Mortazavi APA, City Planner
VIA: Daniel Barros, City Manager
MEETING DATE: March 27, 2024
SUBJECT: 2023 General Plan and Housing Element Annual Report
RECOMMENDATION
Staff recommends that the City Council make the following motion:
MOTION ACCEPTING THE 2023 ANNUAL REPORT ON THE IMPLEMENTATION OF THE
GENERAL PLAN, INCLUDING THE HOUSING ELEMENT PURSUANT TO CEQA GUIDELINE 15378
EXECUTIVE SUMMARY
The Town is required to submit an annual report on the implementation of the General Plan and Housing Element to the State. Prior to staff sending the report to the state, the City Council must accept the report.
FISCAL IMPACT
The preparation of the 2023 Annual Report on the status of implementation of the General Plan and Housing Element does not have an impact on the Town’s adopted budget.
BACKGROUND
California Government Code Section 65400 requires that an Annual Report be prepared that details the status of implementation of the General Plan and the Housing Element. This report is to be submitted to the City Council, the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) before April 1 each year. Previously, on March 13, 2024, the City Council approved the applicable report but with the incorrect attachment. Staff is recommending that the City Council reaccept the report with the correct attachment.
ENVIRONMENTAL
Item #2
Staff Report – 2023 Annual Planning Report Page 2 of 3
The City Council’s action is not a project subject to the California Environmental Quality Act (CEQA) as it is more akin to an administrative function of the Town in reporting housing data to the State with no direct or indirect change in the environment. It is therefore exempt pursuant to State CEQA Guideline 15378 as an administrative activity of the government that will not result in direct or indirect physical changes in the environment.
ANALYSIS
The 2040 Colma General Plan and associated Environmental Impact Report were updated and adopted on March 23, 2022. Some policies of the prior 1999 General Plan were quite outdated and were evidence of the need for an update to the 1999 General Plan. The discussion below highlights actions that have been taken in 2023 regarding each element of the current 2040 General Plan:
Housing Element
No new housing units were built or entitled in Colma in 2023, so many pages of the Annual Housing Report (Attachment A) are blank. Colma continues to provide funding to programs such as the Human Investment Project (HIP), and LifeMoves. These non-profit organizations provide housing related services to Colma and the broader San Mateo County community.
Additional information about Housing Element compliance can be found in Tables B and D of the attached Annual Progress Report.
Circulation Element
The Town adopted its first Bicycle and Pedestrian Master Plan (August 23, 2023) that builds on the El Camino Real Bike and Pedestrian Plan, the Serramonte Boulevard/Collins Avenue Master Plan, and the Hillside Boulevard complete streets improvement project.
Land Use Element
No policy implementation occurred this year on the General Plan Land Use Element.
Open Space and Conservation Element
No policy implementation occurred this year on the General Plan Open Space and Conversation Element.
Noise Element
No policy implementation occurred this year on the General Plan Noise Element.
Safety Element
No policy implementation occurred this year on the General Plan Safety Element.
Historical Resources Element
No policy implementation occurred this year on the General Plan Historical Resources Element.
Staff Report – 2023 Annual Planning Report Page 3 of 3
2023-2031 Housing Element
Separate from the 2040 General Plan Update, the Town is required to have an adopted Housing Element for the 2023-2031 housing cycle (6th Cycle) by the statutory deadline of January 31, 2023.
The first draft was submitted to HCD in June 2022 for a 90-day review. After the initial review, HCD provided their comments to the Town. For the second draft, staff made edits to the element, responding to HCD’s comments, and included as an attachment a self-certification compliance checklist. The second/final draft of the Housing Element was adopted at a public hearing by City Council on January 25, 2023, and was submitted to HCD for a 60-day second review on January 30, 2023.
Subsequently, the Town’s fifth submittal was approved by HCD on November 22, 2023, and the Housing Element Update was approved and adopted by the council on January 10, 2024, and submitted to HCD for certification process on January 11, 2024.
The Surplus Land Act
In early 2023, the Town has compiled an Inventory List consisting of 10 properties, nine of which do not meet the definition of surplus land and are considered non surplus land per the HCD’s definition. With the sale of the Mission Road condominium last year, the list now consists of nine properties, with all nine enlisted as non-surplus properties.
Council Adopted Values
The Annual Report on the General Plan complies with the Council’s commitment to Responsibility through the periodic review of the implementation of adopted policies and programs.
Sustainability Impact
A motion to accept the 2023 annual report on the implementation of the general plan will have no impact on sustainability.
A
lternatives
The City Council could take no action. Doing so is not recommended, as the Town would not be in compliance with the requirements of Government Code Section 65400 to submit an annual report.
CO
NCLUSION
Staff recommends that the City Council, by motion, accept the 2023 Annual Report on the status of Implementation of the General Plan and Housing Element.
ATTACHMENTS
A. 202 3 Annual Element Progress Report, Tables A-K
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
Please Start Here
General Information
2023
Colma
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d.
1198 El Camino Real
Colma
94014
Farhad
Mortazavi
City Planner
[email protected]
6507578896
Mailing Address
Annual Progress Report
Attachment A
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.
Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.
Link to the online system:https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
Jurisdiction Colma
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
0 0
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 0 0
Mobile/Manufactured Home 0 0 0
Total 0 0 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 0 0
0 0
0 0
0 0
0 0
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications # of Applications Units Ministerial 0 0
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 32 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name + Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was
APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
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0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - - Above Moderate 96 - - - - - - - - - - - 96 202
- - - - - - - - - - - 202
5 6 7
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
22 - - - - - - - - - - 22
25 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low- income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
37 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
44 25
37 Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
44 Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-
Income Low-Income Moderate-Income Above Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
008-127-020 7733 El Camino Real Sandblaster
Property
1/24/2024 12 Shortfall of Sites 0.53 Commercial C-HEO 20 30 12 Vacant Vacant 008-421-120 1200 El Camino Real Kohl's Site 1/24/2024 40 30 60 93 Shortfall of Sites 8.06 Commercial C-HEO 20 60 223 Non-Vacant Retail and parking 008-141-080 7778 El Camino Real Bocci Property 1/24/2024 14 Shortfall of Sites 0.6 Commercial C-HEO 20 30 14 Non-Vacant Manufacturing and Office 008-421-170 El Camino Real and
Collins
1/24/2024 9 Shortfall of Sites 0.41 Executive PD-HEO 20 30 9 Non-Vacant Parking spaces and lawn area
010-422-050 240 Collins Avenue 1/24/2024 5 12 Shortfall of Sites 0.72 Commercial PD-HEO 20 30 17 Non-Vacant Parking Lot Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Jurisdiction Colma
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1.1 Provide
regulatory incentives to
facilitate manufactured
housing development in
single-family residential
zoning designations.
Allows for construction of single family
residences at lower costs, thereby
reducing the cost of housing.
Annually starting in 2024
through 2031.
Ordinance 720 adopted in 2013. Manufactured homes are permitted as single- family dwellings in compliance with Government Code Section 65852.3(a).
Program 1.2 General Plan
Consistency Review and
Annual Report
Increase awareness to decision makers
of annual progress toward meeting
Housing Element Goals.
Continue internal
consistency review
annually from 2023 to 2031
and make reports
available to the public.
Continue internal consistency review annually and make report available to the public.
Program 2.1 Second Unit
Ordinance
•To increase the number of
second units/ADU/JADU by
the end of 2031.
• Starting in 2023, one (1)
second units/ADUs/JADUs
every two years (four total
in planning period).
•Update the
Second Unit
ordinance prior to
the end of 2023.
• Create outreach
materials and
objective design
standards prior to
the end of 2023.
The Accessory Dwelling Unit (ADU) Ordinance was adopted in 2017, and was updated as part of the comprehensive zoning code update on January 24, 2024.
The Object Design Standards for ADUs was included in the comprehensive update to the Zoning Code to be effective on March 15, 2024. The Town provides an ADU checklist and other ADU resources on the Town website.
Program 2.2 Accessory
Dwelling Units
•To increase the number of
completed ADU/JADU by the
end of 2031.
• Starting in 2023, one (1)
second units/ADUs/JADUs
every two years (four total
in planning period).
• To have annual outreach
materials, surveys, and
housing-related workshops
to highlight ADUs/JADUs
and provide updates to
state legislation (if changes
have been made) beginning
in 2024.
• Apply for grants
by end of 2027,
at least every two
years thereafter.
• Conduct first
survey by end of
2025, annually
thereafter.
• Develop outreach
materials by 2025
(to go with
survey), annually
thereafter.
Outreach
materials will
include notice of
residents and
property owners
of ADU/JADU
eligibility.
• If no ADU
applications have
been processed
by end of 2027,
begin targeted lot
analysis and
outreach in 2028,
with outreach
concluding by end
of 2029.
No ADUs have been applied for at this time.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 Program 3.1 Develop
Objective Development
and Design Standards for
Planned Development
Districts and create
Administrative Approval
Process.
For each commercial, and
residential project, review and
analyze the optimization of
developable land:
The .41-acre site on El
Camino Real and Collins
Avenue, at least 12 residential
units.
The .72-acre site on Collins
Avenue near El Camino Real,
at least 17 residential units.
• Removes any constraints
from requiring high-density
residential or mixed-use
projects to undergo a
discretionary review
process.
• Establishes objective
development and design
standards and
administrative processing
procedures that will
streamline the housing
review process for high-density
residential and mixed-use
projects in PD Districts.
Starting in 2023
through 2031 and
as inquiries are
presented
The City Council approved a comprehensive zoning code update on January 24, 2024 that inlcuded objective design standards that would apply to residential projects consisting of multi-family residential units only or mixed-use buildings within the “PD” and “C” Zone Districts. The ordinance will be effective on March 15, 2024.
Program 3.2 Update the
Town’s Density Bonus
Provisions to Stay
Consistent with State
Density
Bonus Law.
A total of 22 extremely low-,
22 very low-, and 25 low income
affordable units by the
end of 6th Housing Element
cycle.
Annual review of
the State’s Density
Bonus Law and
update the Town’s
Ordinance as
needed. The first
assessment and, if
necessary, update
will take place by
the end of 2023.
The City Council approved a comprehensive zoning code update on January 24, 2024 that included updates to Chapter XIV. Housing Density Bonus of the Zoning Code. The ordinance will be effective on March 15, 2024.
Program 3.3 High-Density
Housing Near Colma and
South San Francisco
BART Stations
•Vacant parcels that are
located near BART stations,
encourage development to
be over 30 du/ac.
• Updated parking standards
will facilitate in feasibility of
high-density development
near the BART station.
• Remove constraints for
projects that meet all
characteristics for a
Categorical Exemption
under CEQA for infill
development projects.
• At 7733 El Camino Real, at
least 16 total housing units,
but encourage more.
• At 7778 El Camino Real, at
least 15 total housing units,
but encourage more.
Starting in 2023,
annually review
state legislature
and update Town’s
ordinance as
needed. The first
zoning
amendments will
take place by the
end of 2023.
Outreach will begin
in 2024, and will
include mailings (to
both address and
owner address, if
different) as well as an
open house at
Town Hall once
every two years.
The City Council approved a comprehensive zoning code update on January 24, 2024. The ordinance will be effective on March 15, 2024. Outreach will begin in 2024.
Program 3.4 Inclusionary
Housing.
Develop a total of 22
extremely low-, 22 very low-,
and 25 low-income units by
the end of 6th Housing
Element cycle.
Starting in 2023,
and annually
through 2031.
Ongoing enforcement of existing ordinance and standards.
Program 3.5 Establish a
Housing Element Overlay
Zone
By the end of the 6th Housing
Element cycle, to have built
22 extremely low-, 22 very low, 25 low,
37 moderate, and
96 above-moderate units for a
total of 202 units.
2023 through 2031.
This overlay will go
into effect once the
6th cycle Housing
Element is adopted
by City Council and
certified by HCD,
with the zoning code
amended by the end of
2023.
The Town of Colma’s creation of a Housing Element Overlay Zone District (HEO) is in response to the State of California’s required Regional Housing Needs Allocation mandating an additional 202 units of mixed-income level housing during the 2023 – 2031 period by removing constraints to developing housing on the five opportunity sites in town. The City Council approved a comprehensive zoning code update on January 24, 2024, that included the HEO Zone District.
The ordinance will be effective on March 15, 2024.
Program 3.6 Streamlining
Ministerial Review
Process
for SB 35 projects
Ease development of
multifamily housing in Colma.
Develop
streamlining
procedures by
2026.
To be developed.
Program 3.7: Remove 6-
unit Limit
Ease development of
multifamily housing in Colma.
Amend the Zoning
code by the end of
2023.
The City Council approved a comprehensive zoning code update on January 24, 2024. The ordinance will be effective on March 15, 2024.
Program 3.8: Revise
Parking Standards
Ease development of smaller
units in multifamily housing in
Colma.
Amend the Zoning
code by the end of
2023.
The City Council approved a comprehensive zoning code update on January 24, 2024. The ordinance will be effective on March 15, 2024.
Program 4.1 Reasonable
Accommodations
Ordinance
Public Information,
Ordinance Amendment
and
Monitoring
To ensure that reasonable
accommodation is made for
individuals to have equal
access to housing.
Ongoing. Amend
ordinance to clarify
fee by end of 2023,
and review
annually.
The City Council approved a comprehensive zoning code update on January 24, 2024, that included updates to the Reasonable Accommodations Ordinance. The ordinance will be effective on March 15, 2024.
Program 4.2 Expand
Senior Housing
Opportunities.
• To preserve 18 very low
units as affordable housing
for seniors within the
community.
• To integrate senior housing
into mixed-use and high density
developments in
areas that are suitable for
more modest income
seniors.
Ongoing, with
maintenance and
management
provided as
appropriate
(annually/monthly)
from Housing
Element adoption
Town of Colma Administration and the Department of Public Works are responsible for maintenance/management of the Creekside Villas, an 18-unit Senior Housing Complex. The Planning Department will continue to work with developers to integrate senior housing into new housing development projects.
Program 4.3 Identify
Opportunities for
Emergency
Shelters and Homeless
Assistance.
• Promote housing and
services for homeless
individuals by supporting
agencies such as LifeMoves.
Ongoing, with
outreach tasks as
defined in “Tasks &
Responsibilities”.
The town will
amend
5.03.290(d)(2)(iv)
by the end of 2023.
The City Council approved the zoning code updates on January 24, 2024. The ordinance will be effective on March 15, 2024. The Planning and Building Departments will continue to provide potential developersof ermergency shelters with zoining and building permit information.
Program 4.4 Housing
Opportunities for Persons
with
Developmental Disabilities
• Provide equal opportunity
for segmented groups with
developmental disabilities to
be able to live
independently in an
affordable housing.
• Supports a variety of
housing types to help
address needs of persons
with developmental
disabilities.
• Identifies unmet needs to
overcome any constraints,
including lack of capacity
and available resources for
segmented groups.
• Providing
housing
opportunities
on an ongoing
basis
• Implement
identification of
areas where
community based housing
could exist and create
outreach
programs by end of 2025
• Amend zoning
code by end of
2023.
The City Council approved a comprehensive zoning code update on January 24, 2024, that included updates for the location of group homes. The ordinance will be effective on March 15, 2024. The Planning Department will continue outreach efforts within the community to identify housing and service needs for persons with developmental disabilities, and implement the program by 2025.
Program 4.5 Low-Barrier
Navigation Centers
• Identify areas where Low-Barrier
Navigations could
exist
• Support temporary housing
types to help address the
needs of those who are
homeless or at risk of
homelessness.
Amend the zoning
code prior to the
end of 2023.
The City Council approved a comprehensive zoning code update on January 24, 2024, that included updates for the location of low-barrier navigation centers.
The ordinance will be effective on March 15, 2024.
Program 4.6 Transitional
and Supportive Housing
• Ease development of
transitional and
supportive housing for
special needs
populations
Amend the zoning
code prior to the
end of 2023.
Begin outreach in
2024, annually
thereafter.
The City Council approved a comprehensive zoning code update on January 24, 2024, that included updates for the location of transitional and supportive housing (as a residential use). The ordinance will be effective on March 15, 2024. The Planning Department will begin outreach efforts and update the City's website with the new zoning provisions.
Program 4.7: Priority
Sewer Access
• Ease development of
lower-income units.
Send housing
element to Cal
Water and South
San Francisco upon
housing element
certification and
subsequent
adoption. Establish
procedures by end
of 2025.
The Housing Element was sent to Cal Water and the South San Francisco the agency with a cover letter explaining the need to prioritize service for lower- income units.
Program 5.1
Knowledgeable Housing
Referral.
Increase public awareness of
fair housing laws and
requirements.
Update lists of
major agencies and
organizations active
in housing related
services (annually).
Outreach posters
posted quarterly,
beginning in Q3
2024.The first outreach
event will be
conducted by the
end of 2025.
To be developed for implemention in Q3 2024.
Program 5.2 Human
Investment Project (HIP)
Support.
Support better utilization and
maintenance of existing
housing stock and provides
affordable housing.
Ongoing
implementation of
existing program.
Annual outreach to
HIP Housing.
Planning Department is responsible for the ongoing management of the existing program. City Council responsible for the approval of any monetary support.
Program 5.3 Section 8
Rental Assistance.
• Continues to encourage
qualified persons to
participate in Section 8
Rental Assistance.
• Ensures that information is
provided to qualified
applicants to provide equal
access to housing.
• Ongoing
implementation of
existing program.
• Bi-annual
assessment of
program and
coordination with
landlords
Information on application dates and contacts is distributed by the Planning Department on an ongoing basis. The Planning Department is responsible for the ongoing management of the existing program.
Program 5.4 Address
Needs of Extremely Low-
Income
Households.
Assists developers and
property owners in making
affordable units available,
which, in turn, provides equal
housing opportunities to
segmented groups
Ongoing. Meetings
with property
owners and nonprofit
developers on
an annual basis.
Planning
Department Staff
participated in
several panel
discussions and
interacted with
developers and
housing advocates
as part of the 21
Elements process
to prepare this
Housing Element.
Additional actions
as per notes per
numbered list.
The Planning Department will schedule and hold the first annual meeting in 2024.
Program 5.5 Demonstrate
consistency with the
Employee Housing Act.
• To ensure that the Town
is consistent with the
Employee Housing Act.
• Support various housing
types to help address the
needs of employees in
Colma
Amend the zoning
code prior to the
end of 2023.
To be completed with next Zoning Code update in 2024.
Program 5.6 Single Room
Occupancy (SRO Housing)
To ensure that reasonable
accommodation is made for
individuals to have equal
access to housing.
Amend the zoning
code prior to the
end of 2023.
The City Council approved a comprehensive zoning code update on January 24, 2024. The ordinance will be effective on March 15, 2024.
Program 6.1 Green
Building Regulations for
Residential Uses.
• Reduce GHG Emissions from
both new residential and
non-residential buildings.
• Reduce the reliance on
natural gas.
Estimated
completion of the
study will be
towards the end of
Q4 2022, with
considerations and
approvals
presented to City
Council in January
2023 and to go into
effect once adopted
by the City Council
The adoption of the Reach Code has been placed on hold untl the City of Oakland v. BP p.l.c. Climate Change Litigation has been resolved.
Program 6.2 Encourage
use of cool roofing
systems
and other energy
conservation measures to
reduce a
building’s energy usage.
• To create new and
sustainable residential
development.
• To retrofit existing
structures to increase
efficiency and reduce
energy use and cost.
Proactive outreach
quarterly using
website and
newsletter,
beginning Q1 2024.
Applicants of new
projects will be
informed of
programs upon
initial application (if
not in preapplication
discussions).
The Planning and Building Department provide information to the public on programs to assist in the provision of energy efficiency measures during new construction or as a residential retrofit.
Program 7.1 “Rebuilding
Together Peninsula”
Participation.
To conserve and improve the
condition of the existing
housing stock, targeting 4
rehabilitated units in the 8-
year planning period.
Ongoing
participation in
existing program.
Ongoing participation in existing program.
Program 7.2
Neighborhood
Improvement (Code
Enforcement).
Conserves and improves the
conditions of the existing
housing stock, targeting 16
rehabilitated units in the 8-
year planning period.
The Ordinance was
adopted September
12, 2012. Housing
stock assessment
will continue
annually, with area
analysis done first
by the end of 2023.
The Town continues neighborhood improvement efforts through an active code enforcement program. The Planning and Building Deparments, along with the City Attorney continue to work collaboratively in these efforts.
Program 7.3 Organize
Community Clean Up
Days.
To conserve and improve the condition
of the existing housing stock.
Ongoing – the
Town organizes
community cleanup days
on an
annual basis.
Planning and Recreation Departments organize community clean-up days on an annual basis.
Program 8.1 Housing and
Land Use Public
Participation
• Annual outreach to
underrepresented
community members which
result in upward trending
participation.
• Update housing related
projects on the Town’s
website as needed.
Starting in 2023
and on an annual
basis.
The City continues to update the City website with current projects. At this time there are no current housing projects within the City. The City will continue to focus its outreach efforts towards the underrepresented in the community on an ongoing basis.
Program 8.2 Zoning and
Fees Transparency
• Update housing related
projects on the Town’s
website as needed.
• Meet inclusionary housing
units for all income levels
for the 6th cycle.
Starting in 2023.
Updating as
opportunity sites are
developed or
new sites are made
available.
At this time there are no current housing projects within the City to post to the website. The City Council approved a comprehensive zoning code update on January 24, 2024, that included the Housing Element Overlay (HEO) Zone District. The HEO Zone District will allow for greater housing densities and support mixed-use developments on the opportunity sites. Allowable uses and development standards in the HEO aim to remove barriers to housing development. Minimum parking requirements within a half mile of public transit have been removed. As of July 1, 2023, the ordinance provides a ministerial pathway for California Environmental Quality Act (CEQA) exemption approval related to multi-family projects that pay prevailing wages and meet specified affordable housing targets. All new standards will be made available to potential developers of opportunity sites.
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.
For detailed reporting requirements, see the chcklist
here:
Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
Jurisdiction Colma
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
Jurisdiction Colma Note: "+" indicates an optional field Reporting Period 2023
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For San Mateo County jurisdictions, please format the APN's as follows:999-999-999 Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
NoDoes the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.
Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese).
Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
Jurisdiction Colma
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
6th Cycle Housing Assessment $5,000.00 REAP LEAP reimbursement has not been requested. An extension is pending to allow staff time to document
the completed tasks for reimbursement.
Site Rezonings/zoning text
amendments $4,000.00 Local
General Fund
6th Cycle Housing Element Prep $50,000.00 REAP
6th Cycle CEQA Documents $10,000.00 REAP
6th Cycle public outreach and
hearings $2,000.00 REAP
6th Cycle housing Element adoption $0.00 None
Housing Element Implementation
ord./forms $2,000.00 Local
General Fund
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Completed
Completed
Completed
In Progress
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
65,000.00$
Task Status
Completed
Completed
Staff Report re FY 2022-23 Development Impact Fee Report (AB1600) Page 1 of 4
ST AFF REPORT
TO
: Mayor and Members of the City Council
FROM: Stuart Schillinger, Interim Administrative Services Director VIA: Daniel Barros, City Manager
MEETING DATE: March 27, 2024
SUBJECT: FY 2022-23 Development Impact Fee Report (AB 1600)
RECOMMENDATION
Staff recommends that the City Council make the following motion:
APPROVING AND ACCEPTING THE DEVELOPMENT IMPACT FEE REPORT FOR FISCAL YEAR ENDING JUNE 30, 2023 PURSUANT TO CEQA GUIDELINE 15378
EXECUTIVE SUMMARY
State law requires any local agency that imposes development impact fees to prepare an annual report providing specific information about those fees. Therefore, in accordance with the provision of the California Government Code, Section 66006(b), this Development Impact Fee Report for the Town of Colma is being filed accordingly for the fiscal year ending June 30, 2023.
As of 2022-23, the Town’s only development impact fee is the Housing Impact Fee and, therefore, will comply with AB 1600 requirements with the acceptance and posting of this report. For purposes of completeness and thoroughness, the report also includes information regarding the Park In-Lieu Fee and the Housing In -Lieu Fee, which are both exempt from the Mitigation Fee Act. The report was made available to the public on March 12, 2024.
FISCAL IMPACT
This is for reporting purposes and does not have a fiscal impact.
BACKGROUND
Development impact fees are charged by local governmental agencies in connection with approved development projects. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development projects, implementing the projects’ “fair share” of the cost of the capital improvements project consistent with the general plan. The legal requirements for enactment of a development impact fee program are set forth in Government Code Sections 66000-66025 (the “Mitigation Fee Act”), the bulk of which was adopted in 1987 as AB 1600.
Item #3
Staff Report re FY 2022-23 Development Impact Fee Report (AB1600) Page 2 of 4 The Mitigation Fee Act regulates how public agencies collect, maintain and spend impact charges and fees imposed on developers for the purpose of defraying costs of public facilities. The Act includes requirements for accounting, expending and reporting charges, fees and related interest earnings.
The Town collects the following types of fees in connection with development:
Date of Adoption Ordinance No. Fee authorized
March 14, 2006 641 Park Land Dedication (Park In-Lieu)
September 28, 2016 639 Housing In-Lieu Fee
Housing Impact Fee
The Housing Impact Fee is the only fee that is subject to annual reporting under the Mitigation Fee Act. The Park In-Lieu fee is classified as a "Quimby Act" fee (Government Code §§ 66477) and is expressly excluded from the Mitigation Fee Act per Section 66000(b). The Town’s inclusionary (affordable) housing requirement for for -sale residential development provides developers’ a voluntary option to pay the Housing In-Lieu Fee (CMC Section 5.12.040). As such, the Housing In -Lieu Fee is not an exaction and is not subject to the Mitigation Fee Act. ( 616
Croft Ave., LLC v. City of West Hollywood, 3 Cal.App.5th 621, 630 (2016).) The Park In-Lieu Fee and Housing In-Lieu Fee are included in this staff report for informational purposes only and are not subject to annual reporting requirements under the Mitigation Fee Act.
This Annual Report must also be reviewed by the City Council at a regularly scheduled public meeting. In addition, notice of the time and place of the meeting shall be mailed at least 15 days prior to the meeting to any interested party who files a written request with the local agency. On January 10, 2024 the Building Industry Association (BIA) requested to be notified about this agenda item. We sent a copy of the report to them on March 12, 2024. The attached annual report consists of Attachment A that presents the revenues, expenditures, and fund balances for the Housing Impact Fee.
ANALYSIS
As required by the Mitigation Fee Act, impact fees must be segregated from the General Fund and accounted for in special revenue funds. Government Code Section 6600 6 requires that the City make available to the public information regarding development impact fees for each fund within 180 days after the end of each fiscal year:
• A brief description of the fee and the fund into which the fee was deposited; • The amount of the fee;
• The associated fund's beginning and ending balances for the fiscal year; • The total amount of fees collected, and interest earned; • Identification of each public improvement on which impact fees were expended and the amount of expenditure on each improvement, including the total percentage of the cost of the public improvement that was funded with impact fees; • Identification of the approximate date by which construction of a public improvement will commence if the local agency determined that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete;
Staff Report re FY 2022-23 Development Impact Fee Report (AB1600) Page 3 of 4 • An identification of each public improvement identified in a previous report and whether construction began on the approximate date noted in the previous report; • For a project identified above for which construction did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the local agency will commence construction. • A description of each interfund transfer or loan made from an account or fund; and • The amount of refunds made and any allocations pursuant to subdivision (f) of Section 66001. (Attachment A)
Further, Government Code Section 66001(d) also requires that findings describing the continuing need for impact fees be made the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, specifying the intended use of any unexpended impact fees, regardless of whether the fees are committed or uncommitted. Failure to make such findings subjects the City to going through a refunding procedure. The Housing Impact Fee was adopted in 2016, and the first deposits were made in 2018, so there is no need to make those additional findings at this time.
In 2022-23, the Town collected $0 of Park In -Lieu Fees, $0 of Housing In-Lieu Fees and $0 of Housing Impact Fee. For reference, below is the fund information for the Park In -Lieu Fee and the Housing In-Lieu Fee. Information regarding the Housing Impact Fee is included in the FY 2022-23 Development Impact Fee Report (Attachment A).
PARK LAND DEDICATION (PARK IN-LIEU)
Balance at 7/1/2022 $ 0
2022-23 Fee Revenues 0
2022-23 Capital Spending/Encumbrance Project Budget
Actual
Spending
None 0
Interfund Transfers 0
Balance at 6/30/2023 $ 0
HOUSING IN-LIEU FEE*
Balance at 7/1/2022 $ 210,520
2022-23 Fee Revenues 0
2022-23 Interest Revenue 2,445
2022-23 Spending/Encumbrance Project Budget
Actual
Spending
None 0 0
Interfund Transfers 0
Balance at 6/30/2023 $ 212,965
Staff Report re FY 2022-23 Development Impact Fee Report (AB1600) Page 4 of 4 This report meets the requirements to comply with the Mitigation Fee Act.
Reasons for the Recommended Action
Receipt of this report complies with the Mitigation Act.
Council Adopted Values
By accepting and publishing this report on the Town’s website, the Town is showing its commitment to being transparent and accountable in its use of development impact fees. This is in alignment with the fairness and responsibility attributes of the City Council adopted value- based code of conduct.
Alternatives
1. Make alternations to the report for understandability. Please note, the amounts cannot be altered.
2. Direct staff to post the report in additional public locations.
CONCLUSION
Staff recommends the City Council approve and accept the report.
ATTACHMENTS
A. FY 2022-23 Development Impact Fee Report
DEVELOPMENT IMPACT FEE REPORT
FOR FISCAL YEAR ENDED JUNE 30, 2023
FY 2022-23 Development Impact Fee Report Page 1 of 2
March 27, 2024 City Council Meeting
This report provides an overview and summarized information on the Town’s Development Impact Fees for Fiscal Year Ending June 30, 2023.
HOUSING IMPACT FEE
FEE DESCRIPTION: The Housing Impact Fee is required to be paid by a developer of a for-rent residential development of five or more units and for non -residential/commercial development over 5,000 square feet (CMC Sections 5.12.050 and 5.12.060). In accordance with CMC Sections 5.12.010 and 5.12.030, monies deposited in the Housing Fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable to households of moderate -, low- and very low-income households in the Town and in northern San Mateo County.
FEE AMOUNT: The impact fees can be found in Subchapter 1.10 of the Colma Administrative Code, Master Fee Schedule, and are listed below for each of the different types of development.
Residential Use Fee per Square Foot of Net
New Floor Area
Single Family Detached Home $10.00
Townhouses, Duplexes and Triplexes $ 15.00
Apartments and Condominiums $ 15.00
Non-Residential Use
(Only applies to developments over 5,000 sf)
Fee per Square Foot of Net
New Floor Area
Hotel $5.00
Retail, Restaurants and Services $5.00
Office, Medical Office and Research and Development Uses $5.00 FUND BALANCE*
Balance at 7/1/2022 $ 66,735
2022-23 Fee Revenues -
2022-23 Interest Revenue 775
2022-23 Spending/Encumbrance Project Budget
Actual
Spending
None - -
Interfund Transfers -
Balance at 6/30/2023 $ 67,510
Attachment A
FY 2022-23 Development Impact Fee Annual Report (AB 1600) Page 2 of 2 March 27, 2024 City Council Meeting
PUBLIC IMPROVEMENTS:
The fund balance has not been expended on any public improvements for fiscal year ending June 30, 2023.
APPROXIMATE DATE THE CONSTRUCTION OF THE PUBLIC IMPROVEMENT WILL COMMENCE:
The approximate date by which the construction of the public improvements identified in Colma Municipal Code Section 5.12.030 will commence is unknown at this time as sufficient funds have not been collected to complete financing on the incomplete public improvements. Additionally, no findings are required as detailed in Government Code Section 66006(b)(1)(F) subsection (ii) and (iii), as no public improvements, nor a date when construction would commence, was identified in the previous report from the prior financial year. The City received the funds in July 2018 or Fiscal Year 2018/19.
INTERFUND TRANSFERS OR LOANS:
No interfund transfer or loan from the fund has occurred this financial year.
REFUNDS/ALLOCATIONS:
No refunds or allocations have been made this financial year. 25977.00100\42103981.1
Staff Report - CAC Section 2.02.040 Amendment, Senior Housing Complex Policy Page 1 of 3
STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
VIA: Daniel Barros, City Manager
MEETING DATE: March 27, 2024
SUBJECT: Amendment to Colma Administrative Code Section 2.02.040
RECOMMENDATION
The City Council should adopt the following:
RESOLUTION AMENDING COLMA ADMINISTRATIVE CODE SECTION 2.02.040,
RELATING TO DISQUALIFIED PERSONS THAT ARE INELIGIBLE FROM BECOMING A TENANT AT THE TOWN’S SENIOR HOUSING COMPLEX
(CREEKSIDE VILLAS) PURSUANT TO CEQA GUIDELINE 15378
EXECUTIVE SUMMARY
The proposed resolution would amend Colma Administrative Code Section 2.02.040 to modify the language associated with the type of individuals who would be disqualified and ineligible to rent a unit at the Town’s Senior Housing Complex, otherwise known as Creekside Villas located at 1180 El Camino Real. In particular, the proposed amendment would clarify the types of actions that would disqualify a current or former official or employee from being able to rent a unit at Creekside Villas.
FISCAL IMPACT
The City Council’s adoption of the resolution would have minimal financial impact primarily related to Town staff time in drafting any changes the existing Administrative Code provisions. No other expenses are associated with this agenda item
BACKGROUND
On February 28, 2024, the City Council held a study session to discuss the existing Creekside Villas housing complex policy contained at CAC Subchapter 2.02 and analyzed whether to make any adjustments to the eligibility rules contained at CAC Section 2.02.040. In particular, the City Council studied whether to modify the existing one year prohibition for former Town employees and officials to be eligible to rent at Creekside Villas if for one year prior to the date of application for tenancy, the employee or official had policy making authority or influence over implementation of the housing program. The City Council also explored whether any changes should be made to Item #4
25977.00100\42103981.1
Staff Report - CAC Section 2.02.040 Amendment, Senior Housing Complex Policy Page 2 of 3
the provision regarding current Town officials and employees from being ineligible to rent at Creekside Villas.
At the conclusion of that study session, the City Council provided direction to staff to revise the existing Senior Housing Complex policy to require some action or influence by either current or former Town officials and employees. The City Council specifically requested revisions to make it clear that a current or former Town official or employee should have to wait a full 12 months (consistent with the 12 month conflict of interest window provided for in the Fair Political Practices Commission regulations) to be eligible to rent at Creekside Villas if that official or employee engaged in actual policy making action or otherwise actually influenced the housing program.
ANALYSIS
The Senior Housing Complex Policy and Disqualified Persons Current CAC Section 2.02.040 indicates the following individuals are disqualified or ineligible to rent at the Creekside Villas senior housing complex:
1. All employees and officials of the Town who, by virtue of their position, have policy making authority or influence over the implementation of the housing program;
2. All former employees and officials of the Town who, by virtue of their position or relationship, for one year prior to the date of application for tenancy, had policy -making authority or influence over the implementation of the housing program;
3. The spouse or dependents of any employee or official described in the two preceding paragraphs.
Per Council direction, amendments are being proposed to items 1 and 2 above as follows:
1. All employees and officials of the Town for a one year period running from the date that the employee or official engaged in actual policy-making regarding the housing program or actually influenced the implementation of the housing program. Town employees who engage in ongoing decisions regarding the housing program, as evidenced by thei r job description or their ongoing job duties, are ineligible to become a tenant in the Senior Housing Complex.
2. All former employees and officials of the Town for a one year period running from the date that the then employee or official engaged in actual policy -making regarding the housing program or actually influenced the implementation of the housing program.
Council Adopted Values
The City Council’s adoption of the resolution is consistent with the value of Fairness and
Responsibility as it is fair to reevaluate and revise past policies and it is also responsible as the revisions to the policy are consistent with current state law.
Alternatives
25977.00100\42103981.1
Staff Report - CAC Section 2.02.040 Amendment, Senior Housing Complex Policy Page 3 of 3
The City Council could choose not to adopt the resolution or seek modifications to the revised language.
ENVIRONMENTAL
The City Council’s adoption of the resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 as it would constitute organizational or administrative changes that do not result in direct or indirect changes in the environment.
CONCLUSION
The City Council should adopt the resolution amend ing Colma Administrative Code Section
2.02.040.
ATTACHMENTS
A. Resolution
B. February 28, 2024 Staff Report and Related Attachments
25977.00100\42104613.1
Res 2024-__ - CAC Section 2.02.040 Amendment, Senior Housing Complex Policy Page 1 of 2
RESOLUTION NO. 2024-__
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RESOLUTION AMENDING COLMA ADMINISTRATIVE CODE SECTION 2.02.040,
RELATING TO DISQUALIFIED PERSONS THAT ARE INELIGIBLE FROM BECOMING A TENANT AT THE TOWN’S SENIOR HOUSING COMPLEX
(CREEKSIDE VILLAS) PURSUANT TO CEQA GUIDELINE 15378
T
he City Council of the Town of Colma hereby resolves:
ARTICLE 1. CAC SECTION 2.02.040 AMENDED
Section 2.02.040 of Subchapter 2.02, Senior Housing Complex, is hereby amended as follows:
2.02.040. Disqualified Persons.
(a) The following individuals are ineligible to become a tenant in the Senior Housing Complex:
(i) All employees and officials of the Town for a one year period running from the date that the employee or official engaged in actual policy-making regarding the housing program or actually influenced the implementation of the housing program . Town employees who engage in ongoing decisions regarding the housing program, as evidenced by their job description or their ongoing job duties, are ineligible to become a tenant in the Senior Housing Complex.
(ii) All former employees and officials of the Town for a one year period running from the date that the former employee or official engaged in actual policy -making regarding the housing program or actually influenced the implementation of the housing program. (iii) The spouse or dependents of any employee or official described in the two preceding paragraphs.
(b) A person who was not disqualified under the foregoing at the time he or she first became a tenant in the Senior Housing Complex shall not thereafter become disqualified as a tenant solely by virtue of the subsequent relationship or position of such person, his or her spouse, or his or her dependent, as a Town employee or official.
ARTICLE 2. SEVERABILITY
Each of the provisions of this resolution is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this resolution is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this resolution.
ARTICLE 3. CEQA
The City Council’s adoption of the resolution is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 as it would Attachment A
25977.00100\42104613.1
Res 2024-__ - CAC Section 2.02.040 Amendment, Senior Housing Complex Policy Page 2 of 2
constitute organizational or administrative changes that do not result in direct or indi rect changes in the environment.
ARTICLE 4. EFFECTIVE DATE
This resolution shall take effect immediately upon adoption.
Certification of Adoption
I certify that the foregoing Resolution No. 2024-__ was duly adopted at a regular meeting of the City Council of the Town of Colma held on March 27, 2024, by the following vote:
Name Counted toward Quorum Not Counted toward Quorum
Aye No Abstain Present, Recused Absent
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Joanne del Rosario
Voting Tally
Dated ______________________ ___________________________________ John Irish Goodwin, Mayor
Attest: ____________________________
Abigail Dometita, Interim City Clerk
Staff Report - Creekside Villas Rental Policy Review Page 1 of 5
STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Dan Barros, City Manager
Christopher J. Diaz, City Attorney
MEETING DATE: February 28, 2024
SUBJECT: Creekside Villas Rental Policy Review
RECOMMENDATION
None. This item is a study session. Council is being asked to provide staff with comments, questions, and feedback.
EXECUTIVE SUMMARY
At the December 13, 2023 City Council meeting, a councilmember inquired about the City Council revisiting the eligibility requirements for former councilmembers who may want to rent a unit at Creekside Villas. Creekside Villas is Town owned senior housing complex located at 1180 El Camino Real. The policy indicating who is eligible to rent at Creekside Villas is contained at Colma Administrative Code (CAC) Subchapter 2.02 and a copy is included with this agenda item. The policy currently indicates that former Town employees and officials are ineligible to become tenants at Creekside Villas, if for one year prior to the date of application of tenancy, the employee or official had policy-making authority or influence over implementation of the housing program.
FISCAL IMPACT
The City Council’s discussion of the Creekside Villas housing policy and/or its direction to make any changes would have a minimal financial impact primarily related to Town staff time in drafting any changes. No other expenses are associated with the discussion of this policy.
BACKGROUND
At the March 10, 2021 City Council meeting, the City Council held a study session to discuss the existing Creekside Villas housing complex policy contained at CAC Subchapter 2.02 and analyzed whether to make any adjustments to the eligibility rules contained at CAC Section 2.02.040. In particular, the City Council studied whether to modify the existing one year prohibition for all former Town employees and officials to be eligible to rent at Creekside Villas if for one year prior to the date of application for tenancy, the employee or official had policy making authority or influence over implementation of the housing program.
Attachment B
Staff Report - Creekside Villas Rental Policy Review Page 2 of 5
At a recent December 13 th City Council meeting, a councilmember asked the City Manager to agendize another study session so the City Council can further study the eligibility requirements for former councilmembers who may want to rent a unit at Creekside Villas.
ANALYSIS
The Senior Housing Complex Policy and Disqualified Persons CAC Section 2.02.040 indicates the following individuals are disqualified or ineligible to rent at the Creekside Villas senior housing complex:
1. All employees and officials of the Town who, by virtue of their position, have policy making authority or influence over the implementation of the housing program;
2. All former employees and officials of the Town who, by virtue of their position or relationship, for one year prior to the date of application for tenancy, had policy -making authority or influence over the implementation of the housing program;
3. The spouse or dependents of any employee or official described in the two preceding paragraphs.
When this matter was discussed before the City Council on March 10, 2021, staff and the City Council understood item 2 above to mean that former employees and officials of the Town are prohibited from becoming a tenant at Creekside Villas during the one year period after leaving the City Council or Town employment if they had potential policy making authority or potential influence over the implementation of the housing program, even if they did not exercise that authority. However, in re -reviewing the language, there may be an alternative interpretation more closely tied to the law.
An interpretation of the policy that would be more closely tied to existing state law would be that the one year prohibition applies, but only if those former employees and officials actually exercised their policy making authority (e.g., by voting to make changes to the Creekside Villas housing policy) or actually influenced the implementation of the housing program. In this latter scenario, if a Town employee or councilmember did not engage in any actions that would constitute changes to the policy, or o therwise influence the housing program during their final year in office, then the one year prohibition would not apply.
The Political Reform Act and Government Code Section 1090 – Advice from the Fair Political Practices Commission
In order to determine whether the City Council could modify the one year prohibition contained above, the City Attorney’s office sought advice from the Fair Political Practices Commission (the “FPPC”) in Sacramento. The FPPC is the state entity charged with enforcing state conflict of interest laws.
There are two statutory areas of conflict of interest law applicable to public officials and employees:
1. The Political Reform Act contained at Government Code Section 81000, et seq.; and Staff Report - Creekside Villas Rental Policy Review Page 3 of 5
2. Government Code Section 1090
The Political Reform Act
The Political Reform Act (the “Act”) prohibits a public official at any level of state or local government from making, participating in making, or attempting to use the official’s position to influence a governmental decision in which the official knows o r has reason to know the official has a financial interest. An official has a “financial interest” if it is reasonably foreseeable that a governmental decision will have a material financial effect on one or more of the official’s existing financial interests. In determining whether a governmental decision will impact an official’s financial interest, the FPPC Regulations use a 12 month time period to determine if an impact will occur. In other words, if the governmental decision at issue will impact an official’s financial interest in a certain manner during a 12 month time period from the date of the governmental decision, then that would constitute a conflict of interest.
The disqualification provisions noted above were likely included in the Creekside Villas housing policy in an attempt to address the 12 month time period noted above in the FPPC regulations.
In other words, if a Town employee or official engaged in actual policy making authority over the program or actually influenced the implementation of the housing program, then the disqualification language was likely designed to address the potential conflict that could result if the Town employee or official changed the program rules in their final year of office and then left Town employment or the Council and sought to benefit by those change in the rules by applying to be a tenant at the complex within that same 12 month time period.
In seeking the FPPC’s advice, the FPPC found no law that exists that would prohibit a former employee or official from renting at Creekside Villas during the one year period after leaving the City Council or Town employment. However, the 12 month rule noted above does exist within the FPPC Regulations and is the likely basis for the disqualification provisions in the Town’s existing policy.
Government Code Section 1090
Government Code Section 1090 prohibits an officer, employee, or agency from participating in making government contracts in which the official or employee within the agency has a financial interest in that contract.
In order for Government Code Section 1090 to apply to a governmental decision, there must be a contract at issue. Staff asked the FPPC for guidance on any basis for the one year prohibition in Government Code Section 1090 primarily because any former employee or official would be entering into a contract with the Town for the rental of the unit (i.e.: a lease agreement) . In response, the FPPC noted that even if Government Code Section 1090 applies, there are existing exceptions in the law to allow for a former employee or official to rent at Creekside Villas within the one year period currently prohibited by the existing policy. In particular, the FPPC cited to the receipt of government services exception. This exception specifies that it is not a conflict of interest under Government Code Section 1090 (prohibiting the agency from entering into an agreement in which an official or employee within that agency is financially interested) so long as the contract at issue involves the r eceipt of government ser vices and the former official or employee is benefitting solely as a constituent of the city and the benefits are broadly available to all other similarly situated.
Staff Report - Creekside Villas Rental Policy Review Page 4 of 5
Based on the above, the FPPC found no basis for the one year prohibition in Government Code Section 1090 and even noted an exception that would apply in the event a former official sought to rent a unit at Creekside Villas within the one year period after leaving office.
However, it should be noted that the FPPC cited to the receipt of government services exception primarily because the existing Creekside Villas housing policy indicates anyone who is a Town resident and otherwise meets the age and other basic requirements can rent at Creekside Villas and that benefit is offered broadly to all without any particular unique preference given to the City Council or staff. For the same reason noted above under the Political Reform Act discussion, if a councilmember sought to change the Creekside Villas housing policy within their final year of office, and that change resulted in the policy giving preference to councilmembers or former councilmembers, then the receipt of government services exception would not apply as it requires that benefits be broadly available to all without any preference or favoritism to officials or former officials.
Options for the City Council to Consider
Based on the above, the City Council has the following potential options to consider:
1. The City Council could interpret the policy as staff and the Council interpreted the policy in 2021. Under this option, the policy would be interpreted to mean that any former councilmember or Town employee who had potential policy making authority or potential influence over the implementation of the housing program would be required to wait a full year after leaving the City Council or Town employment prior to being eligible to rent a unit at Creekside Villas, even if they did not exercise that authority or actually influence the program.
2. The City Council could interpret the policy in a manner more closely tied to the law. Under this option, the policy would be interpreted to mean that only former councilmembers or Town employees who actually exercised policy making authority or actually influenced the implementation of the housing program would be required to wait a full year after leaving the City Council or Town employment prior to being eligible to rent a unit at Creekside Villas. As noted previously, this interpretation is more closely aligned with state law as noted above based on the 12 month rule included within the FPPC Regulations , and the fact that the receipt of government services exception under Government Code Section 1090 may not apply if the rules are changed.
3. The City Council could opt to change the policy entirely.
Conclusion
To sum up, the City Council should discuss and provide any direction on the existing policy. As noted, Option 2 is more aligned with the law, but the City Council can always self -impose more restrictive policies on itself and opt to interpret the policy under Option 1.
If the City Council opts to interpret the policy under Option 2, this would be with the understanding that a councilmember is only prohibited from applying for tenancy at Creekside Villas during the one year period after leaving office, if in the prior 12 month period, the councilmember actually exercised policy making authority (e.g., by voting to make changes to Staff Report - Creekside Villas Rental Policy Review Page 5 of 5
the Creekside Villas housing policy) or actually influenced the implementation of the housing program. If the councilmember in their final year of office did not engage in either, then they would be free to apply for tenancy at Creekside Villas during the one year time period after leaving office. Similarly, under this interpretation, only Town employees who actually exercised policy making authority or actually influenced the implementation of the housing program would be required to wait a full year after leaving Town employment prior to being eligible to rent a unit at Creekside Villas.
Council Adopted Values
The City Council’s discussion of the policy is consistent with the value of Fairness and Responsibility as it is fair to reevaluate past policies to determine if they should continue or be modified and it is also responsible to understand the legal background associated with this policy.
Alternatives
The City Council could choose not to discuss the policy. However, this discussion was specifically requested by a councilmember.
ENVIRONMENTAL
The City Council’s discussion of the Creekside Villas housing policy and/or its direction to make any changes to the policy is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 as it wou ld constitute organizational or administrative that do not result in direct or indirect changes in the environment.
CONCLUSION
The City Council should discuss the existing policy, the various options, and provide any direction.
ATTACHMENTS
A. Colma Administrative Code Subchapter 2.02
B. Question and Answer Document
C. Advice Letter from Fair Political Practices Commission
Senior Housing Complex: Rental Policies Administrative Code October 2021 Page 2-02-1
CHAPTER 2. COMMUNITY PROGRAMS
Subchapter 2.02 - Senior Housing Complex
2.02.010. Goals. These policies and procedures are intended to enhance the quality of life for senior residents and give a limited preference to Colma residents for residency at the Colma Senior Housing Complex.
2.02.020. Rental Policy. It is the policy of the Town of Colma to rent, lease, or permit occupancy of an apartment at the Senior Housing Complex only to Eligible Persons, as defined herein, at the rent specified herein.
2.02.030. Eligible Persons.
(a) Only persons who meet all of the following criteria are eligible to occupy an apartment at the Colma Senior Housing Complex, 1180 El Camino Real, Colma, California:
(i) He or she must be 62 years or older at the commencement of the tenancy; (ii) He or she must be able to care for himself or herself, without assistance from others, must not have a recurring need for supportive care and must not require the availability of continuous skilled nursing care; and
(iii) He or she must be financially able to pay the rent or must have established eligibility for financial assistance from the county.
(b) Not more than two persons may occupy an apartment.
(c) No person shall be discriminated against because of race, religion, color, creed, national origin, sex, sexual orientation, marital status, or any sensory, mental or physical disabilities unless such disability requires the recurring need for supportive care and requires the availability of continuous skilled nursing care.
(d) The City Manager may waive the age requirement, or the priority for residents set forth below, for a tenant who is employed by the Property Manager to provide substantial maintenance and management services for the Complex.
2.02.040. Disqualified Persons.
(a) The following individuals, by virtue of their position or relationship, are ineligible to become a tenant in the Senior Housing Complex:
(i) All employees and officials of the TOWN who, by virtue of their position, have policy-making authority or influence over the implementation of the housing program; (ii) All former employees and officials of the Town who, by virtue of their position or relationship, for one year prior to the date of application for tenancy, had policy-making authority or influence over the implementation of the housing program; Senior Housing Complex: Rental Policies Administrative Code October 2021 Page 2-02-2
(iii) The spouse or dependents of any employee or official described in the two preceding paragraphs.
(b) A person who was not disqualified under the foregoing at the time he or she first became a tenant in the Senior Housing Complex shall not thereafter become disqualified as a tenant solely by virtue of the subsequent relationship or position of such person, his or her spouse, or his or her dependent, as a Town employee or official.
2.02.050. Application and Priority Process.
(a) Whenever the Property Manager receives notice that an apartment is about to become vacant, the Property Manager, shall first notify any existing tenant who has requested such notification of the availability of the apartment. An existing tenant shall have first priority to take occupancy of the apartment provided that he or she enters into a lease agreement for the apartment within ten days after receipt of the notice. The apartment then left vacant by the tenant shall be let in accordance with this section.
(b) The Property Manager, after consulting with the City Manager, shall establish a beginning date for accepting applications to rent the apartment, which shall be after the first publications of notices described in the next paragraph. The Application Period shall last from the beginning date to the date when a lease for the apartment is executed. (c) The Property Manager shall publish a notice of availability at least once in the LiveWire publication and at least once in two newspapers widely circulated in the cities of Colma, South San Francisco, and Daly City, including at least one newspaper that reaches non-English- speaking communities. Examples of appropriate newspapers include the San Mateo Times and the San Mateo Independent News. Town shall submit proof of publication to the City Planner.
The Property Manager shall maintain a list of applicants in order of the date that the applicant submitted a complete application during the Application Period. A complete application means an application from an eligible person which contains all information requested by the Property Manager in the application form. An application from an ineligible person shall not be deemed complete until the date that the person becomes eligible under the terms of this resolution.
Applications received before the beginning of an Application Period shall be considered to have been received as of the first day of the Application Period. (d) Subject to the provisions of subparagraph (a) above, during the first sixty days after an apartment has become vacant, the first eligible person with more than two years residency in the Town of Colma who submits a complete application shall be given priority over all other applicants, except that if two or more such eligible persons submitted a complete application on the same day, priority among those persons shall be determined by lot. (e) Sixty days after an apartment has become vacant, any eligible person may rent the apartment, without regard to his or her prior residency, and the first eligible person, without regard to the place of his or her prior residency, who submits a complete application shall be given priority over all other applicants, except that:
(i) All applications by persons in this category submitted prior to the sixtieth day after shall be deemed to have been submitted on the sixty-first day after the vacancy occurs; and
Senior Housing Complex: Rental Policies Administrative Code October 2021 Page 2-02-3
(ii) If two or more such eligible persons submit a complete application on the same day, priority among those persons shall be determined by lot. (iii) The Property Manager shall not be required to maintain a list of applicants after the advertised apartment is rented.
2.02.060. Policies for Establishing Rents.
(a) The rent for tenants who have occupied an apartment since before February 9, 2005 shall be $791.00 per month, adjusted for inflation on August 1 of each year beginning August 1, 2011, or as soon thereafter as the City Manager can calculate the adjustment and provide at least 60 days’ notice of the rent increase to each tenant at the Senior Housing Complex. (b) The rent for tenants who have occupied an apartment from and after February 9, 2005, but before December 1, 2021, shall be $902.00 per month, adjusted for inflation on August 1 of each year beginning August 1, 2011, or as soon thereafter as the City Manager can calculate the adjustment and provide at least 60 days’ notice of the rent increase to each tenant at the Senior Housing Complex.
(c) The rent for tenants who have occupied an apartment from and after December 1, 2021, shall be $1050.00 per month, adjusted for inflation on August 1 of each year beginning August 1, 2023, or as soon thereafter as the City Manager can calculate the adjustment and provide at least 60 days’ notice of the rent increase to each tenant at the Senior Housing Complex.
(d) “Adjusted for Inflation” means an adjustment made according to the following formula, where “Consumer Price Index” or “CPI” means the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index entitled “Consumers Price Index of All Urban Consumers, San Jose-Oakland-San Francisco Area, Housing (Rent of Primary Residence), 1982- 84=100 [Series ID CUURA422SEHA]”: if the CPI for June of any year following 2004 exceeds the index for June 2004 (the Base Index), the amount subject to adjustment for inflation (Base Amount) shall be multiplied by the last previous CPI Index and divided by the Base CPI Index to obtain the Adjusted Amount, which shall be rounded to the nearest dollar; otherwise, there shall be no adjustment." Notwithstanding the foregoing, the adjustment shall not exceed five percent (5%).
[History: Res. 2011-28, 9/14/11, 2021-36, 10/27/21]
2.02.070. Restrictions on Use.
Residential Use Only. An apartment in the Senior Housing Complex shall be used for residential purposes only except that it may be used for a home office provided that the home office use is incidental to use of the apartment as a residence and that the tenant shall have first obtained a Use Permit from the Town.
No Subleasing. A tenant occupying a Senior Housing apartment may not sublet or rent the apartment or assign the lease.
No Violations. No person may use or permit the Affordable Unit or any portion of the Affordable Unit to be used or occupied in any manner or for any purpose that is in any way in violation of Senior Housing Complex: Rental Policies Administrative Code October 2021 Page 2-02-4
any valid law, ordinance, or regulation of any federal, state, county, or local governmental authority, body, or entity, or in violation of any Covenants, Conditions and Restrictions applicable to the unit. No person may maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Affordable Unit or any part of the Affordable Unit.
2.02.080 . Rules and Regulations. The City Manager may establish reasonable rules and regulations governing the use and occupancy of the premises including but not limited to rules and regulations governing the form of the application and supporting documentation, parking, use of the common areas, pets, overnight visitors, noise, and trash disposal.
2.02.090. Right to Inspect. Town may inspect any apartment at the Senior housing Complex, subject to tenant's privacy rights and upon reasonable advance notice, to determine compliance with this resolution.
SECTION 2. O NE-TIME EXCEPTION.
(a) The City Council finds that:
(i) Since on or before December 8, 2004, there have been two vacant apartments at the Senior Housing Complex;
(ii) Prior to December 8, 2004, the Property Manager was maintaining a list of prospective applicants for the Senior Housing Complex pending clarification of the Town's policies;
(iii) On December 8, 2004, the City Council declared a moratorium on renting any vacant units in the Senior Housing Complex pending its review of the Town's rental policies; (iv) Since December 8, 2004, other persons have expressed interest in renting an apartment at the Complex; and
(v) It is necessary and proper to adopt a one-time exception to the policies set forth hereinabove to handle the applications on hand for the two vacant apartments. (b) Notwithstanding the foregoing, there shall be a one-time exception to the policies set forth hereinabove, as set forth in an Order in the Minutes of the meeting of February 9, 2005. 25977.00100\42037943.1
Various Questions and Answers Related to the
Creekside Villas Housing Policy
1. Do Any Existing Councilmembers Have Conflicts of Interests Prohibiting their Participation in this Agenda Item?
As there would be no contract at issue in any study session deciding how to interpret the policy, only the Political Reform Act discussed above would apply. Under the Political Reform Act, a conflict of interest can exist if a governmental decision would impact the personal finances of a councilmember, or their immediate family defined as a spouse o r dependent children, in an amount of $500, either positively or negatively, within 12 months of the governmental decision.
See, FPPC Regulation 18702.5.
For purposes of the Political Reform Act, it does not appear that any councilmember would have a conflict of interest in interpreting the policy even if a councilmember had some desire to live at Creekside Villas. This is because even if a councilmember wanted to live at Creekside Villas (which could benefit them financially) and provided input on how the policy should be interpreted, that decision to provide input would not lead to a councilmember automatically being able to rent at Creekside Villas. As the City Council may be aware, in order for an individual to be successfully selected as a new tenant at Creekside Villas, there are a number of factors at play. First, an available unit must open up for tenancy. Second, if more than one potential tenant applies for any open unit, the Town contracts with an outside provider who conducts a lottery to determine who is the successful potential tenant. Former councilmembers do not receive any priority in the process and must apply and be placed in the lottery as any other potential tenant. Under the FPPC Regulations, if the occurrence of the financial effect is contingent on intervening events not controlled by the agency, then it is not a conflict of interest. See, FPPC Regulation 18701(b)(1).
It also does not appear that any councilmember would have a conflict of interest in interpreting the policy if they have non-dependent relatives living at Creekside Villas. Town staff understands that certain councilmembers have non -immediate family member relatives living at Creekside Villas. However, Town staff also understands that any councilmember who has relatives living at Creekside Villas does not have any financial connection and there is no financial dependency between the councilmember and the relatives. On that basis, any interpretation or direction on the policy would not financially impact a councilmember based on their relatives that reside at Creekside Villas as conflict of interest rules are only concerned about immediate dependent family.
See, FPPC Regulation 18702.5.
In short, there would be no conflict of interest for any existing councilmember to participate in discussions to interpret the policy or provide direction on the policy. However, please keep in mind that if the City Council opts to actually change the policy, that would trigger the one year prohibition under either Option 1 or 2 noted in the staff report. 25977.00100\42037943.1
2. Do Any Councilmembers Have Conflicts of Interest Prohibiting them from Adjusting the Rents in the Future at Creekside Villas?
If the City Council was asked to take action to adjust the rents, that action does not involve a contract, so only the Political Reform Act would apply. For the same reasons noted above, including the fact that any councilmember who has relatives living a t Creekside Villas does not have any financial connection and there is no financial dependency between the councilmember and the relatives, there is no financial impact that would result to the councilmember for voting to adjust the rents, even if the decision would impact their non-dependent relatives financially.
3. If the City Council Selects Option 2 and Interprets the Existing Policy to Only Apply Where a Councilmember Actually Exercises Authority or Actually Influences the Program, Would Voting to Approve Warrants/Payments to a Contractor or Vendor Doing Work At C reekside Villas Trigger the One Year Prohibition After Leaving Office?
If the City Council selects Option 2, the policy will be interpreted to only trigger the one year prohibition if a councilmember actually exercised policy making authority or otherwise actually influenced the implementation of the housing program. If the City Council is not aware, in approving the consent calendar, the City Council sometimes approves payments to a contractor or vendor for the repainting of Creekside Villas, or other basic improvements and maintenance of the housing complex. However, voting to approve warrants or payments to a vendor doing work at Creekside Villas is not the same as exercising policy making authority or otherwise influencing the implementation of the housing program.
Further, under the Political Reform Act, simply approving payments to a vendor doing work at Creekside Villas would not cause any financial impact on any councilmember even if a councilmember wanted to live at Creekside Villas after leaving office. This i s because of the intervening rule noted above in FPPC Regulation 18701(b)(1). There are many factors at play and there is no guarantee that any councilmember could reside at Creekside Villas absent a unit opening up, the councilmember being eligible, and the councilmember winning the lottery.
Because of these intervening events, merely approving a payment to a vendor is not enough to constitute a conflict of interest as there would be no guaranteed financial impact on a councilmember.
Based on the intervening event rule, some councilmembers may be wondering why the one year prohibition in the existing policy should exist at all especially because no councilmember is guaranteed any open unit that may become available even if they actually influenced the process.
The one year prohibition should still be in place under Option 2 noted in the staff report primarily because a councilmember could vote to do away with the lottery or vote to give councilmembers priority for any open unit. If those changes were to be made to the policy, no intervening events would exist. As such, the one year prohibition should still apply under Option 2 noted in the staff report if a councilmember engaged in any discussions or actions that would constitute changes to the policy, or otherwise influenced changes to the housing program.
25977.00100\42037943.1
4. If the City Council Selects an Interpretation Applicable to the Policy on Former Employees and Officials, Does That Have Any Implications on the Policy Applicable to Current Employees and Officials from Being Able to Rent at Creekside Villas?
The current Creekside Villas housing policy indicates the following individuals are ineligible to rent at Creekside Villas:
1. All employees and officials of the Town who, by virtue of their position, have policy making authority or influence over the implementation of the housing program;
2. All former employees and officials of the Town who, by virtue of their position or relationship, for one year prior to the date of application for tenancy, had policy -making authority or influence over the implementation of the housing program;
3. The spouse or dependents of any employee or official described in the two preceding paragraphs.
Does the City Council wants its interpretation for item 2 above to apply equally to item 1 above? As an example, if the City Council opts to interpret number 2 above to require a former official or employee to actually exercise policy making authority or actually influence the housing program for the one year prohibition to apply, should Town staff interpret number 1 above to mean the same (i.e.: only current employees or officials who actually exercise policy making authority or actually influence the housing program are prohibited from renting at Creekside Villas)? Under the current language, some employees could be eligible to rent at Creekside Villas if they do not have any role to play in the housing program and otherwise meet the eligibility rules. The Town’s current policy in other words, does not prohibit all current employees or officials from renting at Creekside Villas. It could, however, prohibit certain employees from ren ting at Creekside Villas if those employees have policy making authority over the housing program. The Council has the following options with regard to current officials and employees similar to the three options on page 4 of the staff report applicable to former officials and employees:
1. The Council could opt to interpret item 1 above to mean that current employees and officials are prohibited from renting at Creekside Villas if they have potential policy making authority or could potentially influence the housing program.
2. The City Council could opt to interpret item 1 above to mean that current employees and officials are prohibited from renting at Creekside Villas if they actually exercised policy making authority or actually influenced the implementation of the housing program.
3. The City Council could opt to change the policy. One option is the City Council could just impose a strict prohibition on all current employees or officials from renting at Creekside Villas while in office or in Town employment.
STATE OF CAL IFORNIA
FAIR POLITICAL PRACTICES COMMISSION
1102 Q Street • Suite 3000 • Sacramento, CA 95811
(916) 322- 5660 • F ax (916) 322-0886
November 19, 2020
Christopher J. Diaz
BEST BEST & KRIEGER LLP
City Attorney
Town of Colma
2001 N. Main Street 390, Walnut Creek, CA 94596
Re: Your Request for Advice
Our File No. A-20-080
Dear Mr. Diaz:
This letter responds to your request for advice regarding Government Code Section 1090, et seq.1 Please note that we are only providing advice under Section 1090, not under other general conflict of interest prohibitions such as common law conflict of interest, including Public Contract Code.
Also, note that we are not a finder of fact when rendering advice (In re Oglesby (1975) 1 FPPC Ops. 71), and any advice we provide assumes your facts are complete and accurate. If this is not the case or if the facts underlying these decisions should change, you should contact us for additional advice.
We are required to forward your request regarding Section 1090 and all pertinent facts relating to the request to the Attorney General’s Office and the San Mateo County District Attorney’s Office, which we have done. (Section 1097.1(c)(3).) We did not receive a written response from either entity. (Section 1097.1(c)(4).) We are also required to advise you that, for purposes of Section 1090, the following advice “is not admissible in a criminal proceeding against any individual other than the requestor.” (See Section 1097.1(c)(5).)
QUESTIONS
1. Are there any provisions of the Act that would apply in determining whether a member of the Colma City Council is prohibited from becoming a tenant in the Town-owned Creekside Villas (the “Complex”) within one year after leaving office?
2. Assuming former members of the City Council have a prohibitory financial interest under Section 1090 in a lease for the Complex, would Section 1091.5(a)(3) nonetheless apply to allow them to become tenants in the Complex?
1 All statutory references are to the Government Code, unless otherwise indicated.
File No. A-20-080
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CONCLUSIONS
1. No. There are no provisions under the Act that would prohibit a member of the Colma City Council from becoming a tenant in the Complex within one year after leaving office.
2. Yes. As explained below, assuming former members of the City Council have a prohibitory financial interest under Section 1090 in a lease for the Complex, Section 1091.5(a)(3) would apply to allow them to become tenants in the Complex.
FACTS AS PRESENTED BY REQUESTER
Your law firm serves as City Attorney to the Town of Colma and you seek advice on behalf of the Colma City Council. Colma is a general law City located in San Mateo County. Colma owns a senior housing complex, known as Creekside Villas (the “Complex”). In 2005, the Colma City Council adopted certain rental policies “to enhance the quality of life for senior residents and give a limited preference to Colma residents for residency at [the Complex].” (Colma Administrative Code (“CAC”), § 2.02.010.)
The policies include eligibility rules and restrictions governing Colma’s ability to rent, lease, or permit occupancy of a unit at the Complex. A person applying for tenancy in the Complex must be 62 years or older at the commencement of the tenancy, must not have a recurring need for supportive care and must not require the availability of continuous skilled nursing care, and must be financially able to pay the rent. (CAC, § 2.02.030(a).) There are also procedures for determining priority for residents based on prior residency and when a rental application is completed. (CAC, §
2.02.050.)
The City Manager has some decision-making authority to waive the age requirement or the priority for residents for a tenant who is employed by the Complex’s property manager to provide substantial maintenance and management services for the Complex. (CAC, § 2.02.030(d).) The policies further provide that the following individuals, by virtue of their position or relationship, are ineligible to become a tenant in the Complex:
· All employees and officials of the Town who, by virtue of their position, have policy- making authority or influence over the implementation of the housing program;
· All former employees and officials of the Town who, by virtue of their position or relationship, for one year prior to the date of application for tenancy, had policy-making authority or influence over the implementation of the housing program.
In addition, the Town’s policies require an annual rent adjustment for inflation using a formula based on changes in the consumer price index. (CAC, § 2.02.060.) From time to time, the City Council makes decisions regarding the annual rent adjustment for the Complex, which includes suspending or increasing rent.
You provided a document titled “Hildebrand Real Estate Group Application Process for Creekside Villas Colma,” which states there is a Town policy requiring that any vacancy must be kept for interested residents of the Town of Colma for 60 days after becoming available. If multiple File No. A-20-080
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Town residents express interest within the 60-day period, the names of each interested resident are drawn via lottery at the 60th day and applications are accepted in the order of the lottery draw.
There is no pre-qualification of applicants prior to the lottery. If the first applicant does not qualify, then the next name drawn in the lottery submits their application and this continues until a qualified applicant has been selected. If no Town residents express interest, then individuals residing outside the Town may be considered.
The Application Process document then explains the qualifying process:
Qualifications: Hildebrand Real Estate Group confirms the Town of Colma resident by verifying their residenc y either with the resident card or driver’s license along with verifying that the applicant(s) m eet the age requirement. A credit check is run on the applicant(s). Generally, the applicant(s) should gross 2 ½ to 3 times the monthly rent. For instance, if t he rent is $9 02.00, the applicant should gross at least $2,255.00. If the applicant(s) has a cre dit score of less than 700 and/or negative credit and/or insufficient income, then a co -signer may be required. The co -signer must submit an application and the ir credit is checked. The same credit criteria are required of the co -signer a nd the co -signer m ust show sufficient income to assist the tenant in paying rent if the tenant becomes unable to pay. Hildebrand Real Estate Group considers any negative credit on the credit check and may overlook negative credit due to medical bills. The same income and credit check qualification method is used for all of Hildebrand Real Estate Group tenant applicants for all properties managed or owned by Hildebrand Real Estate Group.
According to the property manager (Hildebrand Real Estate Group), they do not have authority to change any of the lease terms – the Town makes use of the standard California Association of Realtor form lease agreements that are fairly standard with set terms.
ANALYSIS
The Act
Specified local governmental officials, including city councilmembers, who leave governmental service are subject to the Act’s one-year ban for local officials in Section 87406.3, also known as the local “one-year ban.”
The local “one-year ban” prohibits certain former local officials from communicating with their former agencies, for compensation and in representation of another person, for the purpose of influencing any legislative or administrative actions, including quasi-legislative and quasi-judicial actions, or any discretionary actions involving the issuance, amendment, awarding, or revocation of a permit, license, grant or contract, or the sale or purchase of goods or property. (Section 87406.3.)
The local one-year ban would not apply to a former councilmember seeking to become a tenant in the Complex within one year of leaving office because the councilmember would not be File No. A-20-080
Page No. 4
communicating with his or her former agency, for compensation and in representation of another person. Accordingly, no provisions of the Act would apply to prohibit a former councilmember from becoming a tenant in the Complex within one year of leaving office.2
Section 1090
Section 1090 generally prohibits public officers, while acting in their official capacities, from making contracts in which they are financially interested. Section 1090 is concerned with financial interests, other than remote or minimal interests, that prevent public officials from exercising absolute loyalty and undivided allegiance in furthering the best interests of their agencies. (Stigall v. Taft (1962) 58 Cal.2d 565, 569.) Section 1090 is intended “not only to strike at actual impropriety, but also to strike at the appearance of impropriety.” (City of Imperial Beach v.
Bailey (1980) 103 Cal.App.3d 191, 197.)
Under Section 1090, “the prohibited act is the making of a contract in which the official has a financial interest.” (People v. Honig (1996) 48 Cal.App.4th 289, 333.) A contract that violates Section 1090 is void. (Thomson v. Call (1985) 38 Cal.3d 633, 646.) When an officer with a proscribed financial interest is a member of the governing body of a public entity, the prohibition of Section 1090 also extends to the entire body, and it applies regardless of whether the terms of the contract are fair and equitable to all parties. (Id. at pp. 646-649.)
As mentioned, the Town has already established that officials (including councilmembers), under the circumstances described, are prohibited from becoming a tenant at the Complex. Your request centers on whether Section 1090 would prohibit a councilmember, after leaving office, from becoming a tenant where the councilmember: 1) participated in both the establishment of the housing program and decisions regarding the annual rent adjustment for the Complex; or 2) did not participate in the establishment of the housing program, but participated in decisions regarding the annual rent adjustment for the Complex. Assuming Section 1090 potentially applies to a former councilmember under these circumstances, the determinative issue is whether any exception to Section 1090’s prohibition would nonetheless permit a councilmember to apply for tenancy after leaving office.
The Legislature has expressly defined certain financial interests as “remote” or “noninterest” exceptions to Section 1090’s general prohibition. Where a remote interest is present, the contract may be lawfully executed provided (1) the officer discloses his or her financial interest in the contract to the public agency; (2) the interest is noted in the public body’s official records; and (3) the officer completely abstains from any participation in the making of the contract. (Section 1091.) Where a noninterest is present, the contract may be executed without the abstention. (Section 1091.5.)
Relevant to the present situation is the noninterest exception set forth in Section 1091.5(a)(3) for “public services generally provided.” That exception provides that an officer or employee “shall not be deemed to be interested” in a public contract if his or her interest in that
2 As your letter suggests, Section 87406.3(c) does not preclude a local governmental agency from adopting its own ordinance or policy restricting the activities of former agency officials so long as the ordinance or policy is more restrictive than Section 87406.3.
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contract is “[t]hat of a recipient of public services generally provided by the public body or board of which he or she is a member, on the same terms and conditions as if he or she were not a member of the body or board.”
The California Supreme Court considered the application of this noninterest exception and read the exception to establish the following rule:
If the financial interest arises in the c ontext of the affected official’s or employee ’s role as a constituent of his or her public agency and recipient of its services, there is no conflict so long as the services are broadl y available to all ot hers similarly situated, rather than narrowly tailo red to specially favor any official or group of officials, and are pro vided on substantially the same t erms as for any other constituent.
(Lexin v. Superior Court (2010) 47 Cal.4th 1050, 1092.)
With respect to an agency’s permissible exercise of discretion in providing a public service generally provided under the exception, the Supreme Court stated:
The presence of discretion in the f ormation of a contract t hat section 1091.5(a)(3) purportedly permits i s not fatal, unless the discretion can be exercised to permit the special tailoring of benefits to advantage one or more board members over their constitu ency as a whole. Absent such a risk of favoritism, discretion is unproblematic.
(Id. at p. 1100.)
Thus, the noninterest exception set forth in Section 1091.5(a)(3) applies if: (1) the interest arises in the context of the affected official’s or employee’s role as a constituent of the public agency and recipient of its services; (2) the service at issue is broadly available to all those whom are similarly situated and is not narrowly tailored to specially favor an official or group of officials; and (3) the service at issue is provided on substantially the same terms as for any other constituent.
In the Hentschke Advice Letter, No. A-14-187, the Commission analyzed whether the exception applied to a turf replacement program generally available to all retail water customers of any of the San Diego Water Authority’s member public agencies. The program, which provided monetary incentives to retail water customers who replace existing turf with water efficient landscaping, was available on a first-come, first-served basis. Each applicant was required to participate in a training course, replace existing turf with qualifying plants, and fill out the standard application form and agree to program terms. Even though the program administrator had some decision-making authority to determine that the replacement met all the program requirements (such as the amount of turf replaced and whether qualifying plants are used), the Commission concluded that the exception applied because the determination did not involve discretion to pick and choose among applicants or to vary benefits from one applicant to the next.
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Here, if a former councilmember were to submit an application for tenancy at the Complex, his or her interest in the lease would arise in the context of the former councilmember being a Town constituent and a recipient of Town services. In addition, leasing a residence in the Complex is broadly available to all Town residents 62 years of age or older,3 and not narrowly tailored to specially favor an official or group of officials. Similar to the situation in Hentschke, to avoid favoritism where multiple residents are interested, the names of each interested resident are drawn via lottery and applications are accepted in the order of the lottery draw. And although the property manager does have some decision-making authority to determine if an applicant qualifies (generally ensuring rent-to-income ratio and credit score meets specified level), those determinations appear relatively ministerial in nature and do not involve discretion to pick and choose among applicants.
Finally, the terms of any lease for a former councilmember would be provided on substantially the same terms as for any other constituent because the property manager does not have authority to change any terms of the lease, which is based on the standard California Association of Realtor form lease agreements that are fairly standard with set terms.4
Accordingly, assuming a former councilmember has a prohibitory financial interest in a lease for the Complex under Section 1090, the noninterest exception under Section 1091.5(a)(3) applies to permit the councilmember to lease a residence at the Complex.
If you have other questions on this matter, please contact me at (916) 322-5660.
Sincerely,
Dave Bainbridge
General Counsel
By: Jack Woodside
Jack Woodside
Senior Counsel, Legal Division
JW:aja
3 The exception is still applicable even where program services are available to a relatively small number of applicants because “[p]ublic agencies provide many kinds of ‘public services’ that only a limited portion of the public needs or can use.” (92 Ops.Cal.Atty.Gen. 67, 70 (2009).)
4 The present matter is different from those matters where the exception has been found not to apply because administering officials were required to exercise judgment or discretion in scrutinizing applications. (See Hodge Advice Letter, No. C-14-012 [exception does not permit a city councilmember to enter into a Mills Act contract with the city where officials are required to negotiate the terms of each contract, engage in the continued enforcement through periodic inspections to determine compliance with the contract terms, and make determinations concerning contract renewal and imposition of penalties]; see also 92 Ops.Cal.Atty.Gen. 67, 70 (2009) [grants for the purchase or retrofit of certain engines and equipment awarded only after each application individually scrutinized to determine its statutory compliance, and weighed according to such factors as emissions performance, cost-effectiveness and considerations of whether the engine is cleaner than required under the applicable air quality laws. In addition, the evaluation may include a determination that an application is made in good faith and credible].) Staff Report – Establishing Standing Economic Development Subcommittee Page 1 of 2
STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Dan Barros, City Manager
MEETING DATE: March 27, 2024
SUBJECT: Establishing an Economic Development Subcommittee
RECOMMENDATION
BY MOTION , ESTABLISH A CITY COUNCIL STANDING ECONOMIC DEVELOPMENT
SUBCOMMITTEE AND SELECT TWO CITY COUNCIL MEMBERS TO SERVE ON THE
SUBCOMMITTEE
EXECUTIVE SUMMARY
At the March 13, 202 4 City Council m eeting, a study session was held at the request of Councilmember del Rosario to discuss the return of the Economic Development Subcommittee and specifically, in what capacity the committee shall make its return. City Council was presented with three options for consideration and directed staff to proceed with option two, establishing a standing Economic Development Subcommittee comprised of two council members working with Town staff on economic development issues on an ongoing basis for the foreseeable future.
FISCAL IMPACT
None at this time other than staff time associated with staffing the Subcommittee’s future meetings.
BACKGROUND
On August 25, 2021, the City Council accepted the Economic Development Work Plan for Fiscal Year 2021 -22 and established a City Council Ad Hoc Economic Development Subcommittee comprised of the then current Mayor and a Council Member. Throughout the subcommittee’s duration, the ad hoc Subcommittee reported out on progress to the City Council twice with the final report coming in June of 2022 where the committee would then sunset at the end of fiscal year 2021-2022. At the January 24, 2024 City Council meeting, a councilmember requested the return of the Economic Development Committee and that it be agendized at a future council meeting for discussion.
Item #5
Staff Report – Establishing Standing Economic Development Subcommittee Page 2 of 2
ANALYSIS
Economic and social development is the process by which economic well-being and the quality of life of a community intersect for a sustainable future. By virtue of this definition, efforts to advance a community’s economic development must persist indefinitely while the conversations must remain ongoing.
On March 13, 2024 the City Council was presented with three options in which the Economic Development Subcommittee could make its return. City Council directed staff to proceed with option 2 which establishes a City Council standing Economic Development Subcommittee. Unlike the prior ad hoc Subcommittee, the new standing subcommittee would remain ongoing for the foreseeable future as the topic of economic development remains a critical component of both the present and future sustainability of the Town.
The Subcommittee would be comprised of two council members working with Town staff. For a standing committee of this nature, the committee would be legally required to comply with the Brown Act as any subcommittee of the City Council with ongoing subject matter jurisdiction must comply with the Brown Act’s open meeting requirements.
The newly formed economic Development Subcommittee will hold a public meeting monthly at Town Hall and participating Council Members will be responsible for reporting out progress quarterly to the remainder of the City Council at a regular City Council meeting through a future agenda item.
Council Adopted Values
The formation of an Economic Development Committee is in line with the City Council’s VISION for a sustainable future. As we continue to navigate the challenges of today and the uncertainties of the future, the Economic Development Committee can aid in the Town’s effort to embrace change and innovation with an evolving economic landscape.
Alternatives
The City Council could choose to not proceed with establishing the Standing Subcommittee. If so, the City Council should provide alternative direction to staff.
ENVIRONMENTAL
The City Council’s discussion of the economic Development Committee is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 as it would constitute organizational or administrative that do not result in direct or indirect changes in the environment.
CONCLUSION
The City Council should by motion, establish a standing Economic Development Subcommittee and select the two members from the City Council who will serve on the Subcommittee.
ITEM #6
6. PROPS AND MEASURES PRESENTATION
There is no Staff Report associated with Item #6.
This item is for discussion only; no action will be taken at this meeting.