Part 28

HOUSING AND COMMUNITY DEVELOPMENT COMMISSION

Sections:

• 2.08.2810 Members.

• 2.08.2820 Special eligibility requirements.

• 2.08.2830 Appointment process.

• 2.08.2840 Functions, powers and duties.

• 2.08.2850 Representative membership.

• 2.08.2860 Reserved.

• 2.08.2870 Special provisions.

T2:46

ADMINISTRATION

§ 2.08.2830

The housing and community development commission is hereby established as the successor to and continuation of (a) the city commissions identified in Chapters 17.22 and 17.23 and related regulations; and (b) the housing and community development advisory commission. (Ords. 27889, 29250, 29379.)

The commission shall consist of fourteen (14) members. (Ords. 27889, 29250, 29379, 30757.)

• A. One member shall be a person recommended by an organization of owners of San José mobile home parks.

• B. One member shall be a person recommended by an organization of residents of San José mobile home parks.

• C. One member shall be an owner or manager of a residential rent stabilized property.

• D. One member shall be a tenant of a residential rent stabilized rental unit.

• E. One (1) member shall be a person who is currently or was formerly homeless.

• F. At least five members shall represent low income households, which for the purposes of this requirement means a person who meets one or more of the following criteria:

  1. The person is a member of a low- or moderate-income household as defined by HUD as at or below eighty percent of the area median income pursuant to 24 CFR 92.2.

  2. The person is an elected member of a neighborhood organization in a low- or moderate-income neighborhood (fiftyone percent of the neighborhood is at or below eighty percent of the area median income as defined by HUD).

  3. The person is a resident of a city council designated neighborhood targeted under the place-based neighborhoods initiative to receive federal funding.

  4. The person is employed by an organization which has as its primary purpose to serve the interests of low-income residents.

• G. The commission should also include members with experience related to development, lending, community development, homeless services, or federal funding.

(Ords. 27889, 29250, 29379, 29687, 30757.)

• A. In the event that there is more than one recommended applicant for either of the seats to be filled by members meeting the special eligibility requirements set forth in Subsections 2.08.2820 A. and B., the Council Appointment Advisory Commission shall review the recommended applicants and make a recommendation to the City Council. If the Council Appointment Advisory Commission is unable to meet, in the event that there is more than one recommended applicant for either of the seats to be filled by members meeting the special eligibility requirements set forth in Subsections 2.08.2820 A. and B., the Mayor shall review the recommended applicants and make a recommendation to the City Council.

• B. The Mayor shall nominate to the City Council the member, and an alternate, who is currently or was formerly homeless. The alternate member shall, in the absence of the member for whom they are an alternate, serve in place of the member on the commission, and may exercise all the rights, privileges, and powers of the member when serving on the Commission. In the event of removal, resignation, or disqualification of a member, the alternate shall act as a member on the commission through the remainder of their term.

• C. The remaining members shall be appointed in accordance with the provisions of Section 2.08.180.

• D. The City Clerk shall implement procedures to ensure that a sufficient number of applicants

T2:47

SAN JOSÉ CODE

§ 2.08.2830

to fulfill the special eligibility criteria set forth in Section 2.08.2820 C. are recruited for nomination consistent with Section 2.08.180.

(Ords. 29250, 29379, 30632, 30757.)

The commission shall have the following functions, powers, and duties:

• A. Housing and community development advisory functions.

  1. Study, review, evaluate and make recommendations to the city council and the department of housing of the City of San José, pertaining to the following matters:

     • a. Existing housing programs and policies in the City of San José.

     • b. New programs and policies that would further the City of San José's housing and community development goals.

     • c. The City of San José's progress in meeting its housing goals.

  2. Submit recommendations and reports to the city council and the city manager regarding housing policy in the City of San José as the city council or the city manager may from time to time request.

  3. Hold public hearings in order to provide for meaningful citizen participation in the development and implementation of the consolidated plan.

  4. Make such studies, and submit to the city council such reports or recommendations respecting affordable housing and community development matters, as the council may from time to time require or request.

  5. Develop proposals and recommendations to the city council for use of housing and community development funds.

• B. Functions related to Chapters 17.22 and 17.23.

  1. Make recommendations to the city council regarding rules and regulations and amendments thereto which are necessary for the operation and administration of Chapter 17.22 or Chapter 17.23.

  2. Make recommendations to the city council regarding changes in Chapter 17.22 or Chapter 17.23.

  3. Pursuant to 17.23.490, make recommendations to the city council regarding the amount of the fee necessary to recover the costs of administering Chapter 17.23.

  4. Pursuant to 17.22.910, make recommendations to the city council regarding the amount of the fee necessary to recover the costs of administering Chapter 17.22.

  5. Make recommendations to staff regarding updates of the forms used in implementing Chapter 17.22 or Chapter 17.23.

  6. Conduct such studies and submit to the city council and the city manager such reports or recommendations respecting mobile home parks and mobile home living in the City of San José as the council or the city manager may from time to time request.

  7. Make recommendations to the city council regarding changes in provisions of Title 20 of this Code relating to mobile homes and mobile home parks.

(Ords. 27889, 29250, 29379.)

The council of the City of San José finds and declares as follows:

• A. The council of the City of San José finds and declares that the members appointed

T2:48

ADMINISTRATION

§ 2.08.2870

to the commission to represent the interests of various groups in matters related to administration of the mobile home rent ordinance are intended to represent and further the interest of such groups, and such representation is intended to and will serve the public interest.

• B. The mobile home park owner appointed to the commission pursuant to Section 2.08.2830 is intended to represent and further the interest of the San José mobile home park industry, and their representation will ultimately serve the public interest. Accordingly, the council finds that for the purposes of the mobile home park owner who serves on the commission, the San José mobile home park industry is tantamount to and constitutes the public generally within the meaning of California Government Code Section 87103. As such, the appointed member is not required to recuse himself or herself from participating in matters that may affect his or her financial interest related to being a representative of the mobile home park industry.

• C. The mobile home park resident appointed to the commission pursuant to Section 2.08.2830 is intended to represent and further the interest of the San José mobile home park residential community and their representation will ultimately serve the public interest. Accordingly, the council finds that for purposes of the mobile home park resident who serves on the commission, the San José mobile home park residential community is tantamount to and constitutes the public generally within the meaning of California Government Code Section 87103. As such, the appointed member is not required to recuse himself or herself from participating in matters that may affect his or her financial interest as a representative of the mobile home park residential community.

  • D. The owner or manager of residential rent stabilized rental unit(s) appointed to the commission pursuant to Section 2.08.2820 is intended to represent and further the interest of San José residential rent stabilized rental property owners, and their representation will ultimately serve the public interest. Accordingly, the council finds that for the purposes of the owner or manager of residential rent stabilized rental unit(s) who serves on the commission in San José, the residential rent stabilized rental property owners is tantamount to and constitutes the public generally within the meaning of California Government Code Section 87103.

eir representation will ultimately serve the public interest. Accordingly, the council finds that for the purposes of the owner or manager of residential rent stabilized rental unit(s) who serves on the commission in San José, the residential rent stabilized rental property owners is tantamount to and constitutes the public generally within the meaning of California Government Code Section 87103.

• E. The tenant of a residential rent stabilized rental unit appointed to the commission pursuant to Section 2.08.2820 is intended to represent and further the interest of San José residential rent stabilized rental unit tenants, and their representation will ultimately serve the public interest. Accordingly, the council finds that for purposes of the tenant of a residential rent stabilized rental unit who serves on the commission, the San José residential rent stabilized rental unit tenants community is tantamount to and constitutes the public generally within the meaning of California Government Code Section 87103.

• (Ords. 29250, 29379, 29687.)

Editor’s note— Ord. 30757, adopted May 3, 2022, repealed § 2.08.2860, which pertained to transitional periods and derived from Ords. 29250 and 29379.

• A. Commencing July 1, 2022, the member and their alternate who serves under the formerly homeless or currently homeless seat of the Housing and Community Development Commission shall be paid the sum of two hundred

T2:49

SAN JOSÉ CODE

§ 2.08.2870

($200) per month if they have attended a monthly Commission meeting. This compensation shall be in addition to any reimbursement for expenses incurred in the performance of the commissioners' duties and functions. (Ord. 30757.)