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HomeMy WebLinkAboutord2009-075 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 421 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: _ 11 /2/2009 11 /10/2009 Introduction Division Head• _ 11/24/2009 Finance/Council Wit. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Ord. amend WCC Title 3 to establish WCC 3.46, Affordable Housing Incentive Fund ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending Whatcom County Code (WCC) Title 3 to establish WCC 3.46, Affordable Housing Incentive Fund. COMMITTEE ACTION: COUNCIL ACTION: 11 / 24 / 2009 : Committee Amended and forwarded 11 / 10 / 2009 : Introduced to Council for approval 11 / 24 / 2009 : Council Adopted Amended version 5 - 2 Nelson & Crawford opposed Ord . 2009 - 075 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord . 2009 -075 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council+ 1 I : \ORD\2009\Housing Fund 10 . 30, reformatted .doc SPONSORED BY : Consent 2 PROPOSED BY : Fleetwood 3 INTRODUCTION DATE : November 10 , 2009 4 5 ORDINANCE NO. 2009 -075 6 7 • 8 AMENDING WHATCOM COUNTY CODE (WCC) TITLE 3 TO 9 ESTABLISH WCC 3 . 46, AFFORDABLE HOUSING INCENTIVE FUND 10 11 WHEREAS the Growth Management Act requires County Comprehensive Plans to include 12 provisions allowing for affordable housing funds (RCW 36. 70A . 070) ; and 13 14 WHEREAS, the Whatcom Comprehensive Plan includes a housing chapter which declares 15 that housing is not only a basic human need but also a fundamental building block in the 16 development of a strong County ( Chapter Three, Whatcom County Comprehensive Plan ) ; and 17 18 WHEREAS, the Whatcom County Comprehensive Plan further declares, as a policy and 19 goal , that " every community and neighborhood needs a healthy mix of housing sizes, types and 20 prices, affordable at the wages of the jobs nearby" Id. ; and 21 . 22 WHEREAS, the Countywide . Housing Affordability Taskforce , hereinafter ( CHAT) , was 23 formed in 2007 to assist Whatcom County, and our cities, with implementing the housing needs 24 as expressed in the above mentioned plans ; and 25 26 WHEREAS, the specific mission of CHAT was to develop and recommend specific action 27 strategies and programs to address the anticipated need for 11 , 000 additional housing units 28 affordable to households earning 80% or less of the county median income by the year 2022 ; and 29 30 WHEREAS, CHAT was comprised by a diverse collection of stakeholders knowledgeable in 31 different aspects of housing needs who met over 40 times to establish a report with 32 recommendations on how to create affordable housing in our community ; and 33 34 WHEREAS, creation of a housing trust fund was one of the five major recommendations 35 that came forth from CHAT; and 36 37 WHEREAS, establishing a Housing Incentive Trust Fund would be for the purpose of 38 receiving special revenues supporting the development and preservation of affordable housing 39 and to provide segregated accounting and control for expenditure of moneys collected . 40 Page 1 1 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom 2 County Code 3 . 46 , Affordable Housing Incentive Fund , is hereby established as outlined in Exhibit 3 A to this ordinance . 4 5 ADOPTED this 24th day of November, 2009 . ``,� w Ifl ///II, 6 \\`‘qsa 8 _ 4• '. 8. / WHATCOM COUNTY COUNCIL � J 9 A ` 'i : ' : NH � •• ' WHATCOM COUNTY, is HINGTON • i °_, t ` -- . = /� / At fr 12 Dan% Brotw '��v gerik of Council S •° h Fleetwo %: Council Chair 14 i.'�i''''I -r * 0‘`A WHATCOM COUNTY EXECUTIVE 15 APPRO ED A " - ru - rukf*- WHATCO ' • NTY, WASHINGTON 16 OP/K 17 • ': . .-4.4 Nils AS. 18 ivil Deputy Prosecutor Pete re en , County Executive 19 20 ( Approved ( ) Denied 21 22 Date Signed : °� • 9 ' U 9 I Page 2 1 EXHIBIT A 2 (Affordable Housing Incentive Fund ) 3 Chapter 3 . 46 4 AFFORDABLE HOUSING INCENTIVE FUND 5 Sections : Miaow 6 ` . 010 Established . 7 1015 Subfund . 8 a1 & . 020 Accounting . 9 kr . 030 Definitions . 10 P . 040 Functions and disbursements . 11 1 . 050 Advisory board . 12.: . 060 Reporting . 13 . . 010 Established . 14 A special revenue fund to be designated as the "Affordable Housing Incentive Fund " is 15 established to receive special revenues supporting the development and preservation of 16 affordable housing and to provide segregated accounting and control for expenditure of 17 moneys . 18 , _ 1015 Subfund . 19 A special revenue subfund is established under the affordable housing incentive fund 20 entitled the " low- income affordable housing incentive fund ". The low- income affordable 21 housing incentive fund may receive and distribute funds to assist households at or below 22 eighty percent of the area median income , adjusted for household size , as published by 23 U . S . Housing Urban Development Sources of funding for this subfund shall include 24 donations from public and private sources, and any other revenues specifically dedicated 25 to the affordable housing incentive fund by the county council , by cities within the 26 county , from affordable housing loan repayments or from other appropriate sources. v 27 ,:;,; . 020 Accounting . 28 Accounting within the affordable housing trust fund shall segregate revenues and 29 expenditures so that support for persons with incomes higher than eighty percent of the 30 area median income shall be funded solely from private donations . Public funds may only 31 be used to assist households at or below eighty percent of the area median income . 32 701. 030 Definitions . Page 3 1 " Housing " means promotion , facilitation , preservation and development of decent and 2 safe dwellings affordable to all economic segments of the community through loans, 3 financial assistance , technical assistance and capacity building to public and private 4 nonprofit agencies providing affordable housing services to the County . 5 (definition as codified in Whatcom County Code 20 . 97 . 221 ) " Low- income .dt> :°r; Pei 6 , � i , � means P � .� for which the monthly expenditure by a qualified a2,+ un 7 low- income household purchaser or tenant, including mortgage or rent payment, 8 insurance , taxes , and utilities (water and sewer) , does not exceed 38 percent of gross 9 monthly household income at the time of purchase or lease , and where the amount of 10 mortgage or rent does not exceed 30Rercent of gross monthly household income , with 11 documented assurance that the ' "' ; ® provided is restricted under a government or 12 nonprofit :won program or agency, and that this will continue over time . A " low- 13 income household " means a single person , family, or unrelated persons living together 14 whose income , at their initial occupancy of the premises, is less than 80 percent of the 15 median family income , adjusted for household size , for Whatcom County, as defined by 16 the U . S . Department of Raw;; , _ 06 and Urban Development at the time of application . A 17 monthly expenditure higher than the standard above ma be allowed for homes or 18 projects that have received state , federal , and/or other {v z " aili ; program 19 funding . ( Ord . 2009 - 006 Exh . 1 , 2009 ) . 20 3 . 040 Functions and disbursements. 21 1 . The affordable housing incentive fund is intended to accept funds from sources that 22 include , but are not limited to , private donations , public allocations and the proceeds 23 from the sale of development rights . 24 2 . The affordable housing incentive fund is intended to : 25 A . Support the repair and rehabilitation of housing serving senior, low - income and 26 disabled residents ; 27 B . Provide direct financial and technical assistance to qualified housing projects ; 28 C . Provide financial assistance to public and private nonprofit organizations supporting 29 housing activities consistent with city or county policy ; 30 D . Provide financial assistance to pay for utility connections , impact fees and other public 31 fees for qualified housing activities ; and 32 E . Fund approved , eligible operating expenditures related to the provision of assistance 33 's covered by this chapter. 34 :'ti r1 , . 050 Advisory board . Page 4 1. The Whatcom County Housing Advisory Committee will act as an advisory committee 2 recommending to the County Executive and County Council on the use of the affordable 3 housing incentive fund . 4 c_ 1; 4. 060 Reporting . 5 A written annual report on the status of activities, programs , and projects funded 6 through the use of the affordable housing incentive fund shall be prepared . 7 8 Page 5