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HomeMy WebLinkAboutR34-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ORIGINAL FROM: Maggie Pacheco Interim Executive Director SUBJECT: Acceptance of the Inland Valley Development Agency (IVDA) Inclusionary Housing Policy DATE: October 20, 2005 .-----.--.---------------------.-----------------------------------------------------------------------------------------------------------------------------------.---------------------------------------------------- Svnopsis of Previous Commission/Council/Committee Action(s): On October 18, 2005, the Redevelopment Committee recommended this item be forwarded to the Community Development Commission for approval. ------------------------------------------------------------------------------------------------------------------------------.------------------------------.-----------------.------------------------.---------------- Recommended Motion(s): (Communitv Development Commission) Resolution of the Community Development Commission of the City of San Bernardino accepting the Inland Valley Development Agency (IVDA) Inclusionary Housing Policy entitling the Redevelopment Agency to receive one hundred percent (100%) of the inclusionary housing credits for developed or newly rehabilitated housing units within the IVDA Project Area ----------------------.------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Maggie Pacheco Phone: (909) 663-1044 All Project Area(s): Inland Valley Development Agency (IVDA) Ward(s): Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Housing Policy <--'" Budget Authority: N/A N/A FUNDING REQUIREMENTS: Amount: $ N/A Source: SIGNATURE: d" ~ j? /.-'~ '-- '-^- 0.-" lA =---/; '7- . I Barbara Lindseth, Director Admin. Servi es ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: (J./). CD(V~ O{)~- 3? --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- P:\Agendas\Conun De... Conunission\CDC 2005\05-11-07 IVDA Housing Policy SR.doc COMMISSION MEETING AGENDA Meeting Date: 11/07/2005 Agenda Item Number: t<}/ ) . ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ACCEPTANCE OF THE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) INCLUSIONARY HOUSING POLICY BACKGROUND: On April 10, 1994, the Agency and Inland Valley Development Agency (IVDA), entered into an agreement regarding the allocation of low/moderate income housing funds whereby IVDA annually provides the Agency with an appropriation of low/moderate housing funds that are generated from the IVDA Project Area in the City's jurisdiction. These funds are to be used for eligible low and moderate income housing programs and the production or preservation of affordable housing in the City. The Agency provides the IVDA with an annual written report describing the use of these annual deposits, location of units, types of projects, etc. In addition, as a result of the Meadowbrook housing project, which is located within the IVDA Project Area, and is being constructed with Agency assistance, on February 3, 2003, the Community Development Commission authorized and directed Staff to forward a request that the IVDA adopt a resolution giving the Agency 100% inclusionary housing credits for all units developed or rehabilitated by the Agency or with Agency assistance within the IVDA project area. California Redevelopment Law 33413(b)(1), requires that at least 30% of all new and substantially rehabilitated dwelling units developed by an agency must be made available at affordable housing costs to and occupied by persons and families of low or moderate income and that not less than 50% of those dwelling units must be available at affordable housing cost to very low income households. Similarly, Section 33413(b )(2)(A) (i) requires that at least 15% of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of an agency by public or private entities or persons other than an agency, shall be available at affordable housing cost to and occupied by persons and families of low or moderate income and that not less than 40% of those units must be set aside for very low income households. To satisfy these requirements, an agency may produce 2 units outside a project for each unit that otherwise would have been required to be available inside a project area. CURRENT ISSUE: Accordingly, on September 14, 2005, the IVDA approved and adopted the attached Resolution No. 2005-08 approving policies for Inclusionary and Housing Plans for each member jurisdiction (see attached Policy). This policy will allow each member jurisdiction to receive 100% Inclusionary Housing Credit for each unit developed or rehabilitated within the IVDA Project Area. However, in order for the Agency to receive the inclusionary housing credits, an acceptance resolution must be adopted by the Community Development Commission. P:\Agendas\Cumm Dev Comrnission\CDC 2005\05-11-07 IVDA Housing Policy SRdoc COMMISSION MEETING AGENDA Meeting Date: 11/07/2005 Agenda Item Number: A Economic Development Agency Staff Report IVDA Inc1usionary Housing Policy Page 2 ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: There are no costs to the Agency other than the costs to administer the policy and potential financial assistance the Agency may need to provide to future housing projects. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. 2!i?~Director P:\Agendas\Conun Dev Conunission\COC 2005\05-11-07 IVDA Housing Policy SR.doc COMMISSION MEETING AGENDA Meeting Date: 11/07/2005 Agenda Item Number: a RESOLUTION NO. ~~rPY 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ACCEPTING THE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) INCLUSIONARY HOUSING POLICY ENTITLING THE REDEVELOPMENT AGENCY TO RECEIVE ONE HUNDRED PERCENT (100%) OF THE INCLUSIONARY HOUSING CREDITS FOR DEVELOPED OR NEWLY REHABILITATED HOUSING UNITS WITHIN THE IVDA PROJECT AREA 3 4 5 6 WHEREAS, the IVDA adopted a certain Redevelopment Plan for the IVDA 7 Redevelopment Project for which certain areas of the County of San Bernardino and the Cities 8 of Colton, Lorna Linda and San Bernardino (the County and each of said cities are herein 9 referred to as a "member jurisdiction" or collectively as "member jurisdictions") have consented 10 to the inclusion of such territories into the redevelopment project area of the IVDA for such 11 Redevelopment Plan; and 12 WHEREAS, Community Redevelopment Law, Section 334l3(b)(1), requires that at 13 least 30% of all new and substantially rehabilitated dwelling units developed by an agency must 14 be made available at affordable housing costs to and occupied by persons and families of low or 15 moderate income and that not less than 50% of those dwelling units must be available at 16 affordable housing cost to very low income households; and 17 WHEREAS, Community Redevelopment Law, Section 33413(b)(2)(A) (i) requires that 18 at least 15% of all new and substantially rehabilitated dwelling units developed within a project 19 20 area under the jurisdiction of an agency by public or private entities or perso~~ other than an agency, shall be available at affordable housing cost to and occupied by persons and families of 21 low or moderate income and that not less than 40% of those units must be set aside for very low 22 income households; and 23 /// 24 II/ -1- P.I'" ...."..4....ID.....,I..tl.....\V..."I"tl.......\'nnclnc...ll.n., l\lnA. Inrl..dnn........ Pull.." R.,ft_dOl' 2 3 4 5 6 7 8 9 WHEREAS, on February 3, 2003, the Community Development Commission adopted a resolution whereby the Chairperson was authorized and directed to request that IVDA adopt a resolution providing one hundred percent (100%) credit to the Redevelopment Agency of the City of San Bernardino (the "Agency") for any developed or rehabilitated housing units undertaken within the IVDA Project Area; and WHEREAS, in response to the Agency's February 3, 2003 request, on September 14, 2005, the governing board of the IVDA adopted an Inclusionary Housing Policy applicable to all portions of the IVDA Project Area entitling the Agency to receive one hundred percent (100%) of the inclusionary housing credits within the IVDA Project Area. 10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF 11 THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE, AND 12 . ORDER AS FOLLOWS: 13 Section 1. The Community Development Commission hereby approves and accepts 14 15 16 17 18 19 20 21 22 23 24 '", the IVDA IncIusionary Housing Policy and the Interim Executive Director of the Agency is hereby authorized and directed to submit a certified copy of this duly adopted acceptance resolution to the Clerk of the board of the Inland Valley Development Agency. II II IIII IIII II II I I II I I I I IIII IIII -2- r:\Acendas\Resolu1ions\ResolulioDs\200S\05-JI-07IVDA lnclullonaQ' Politl Ruo.dot 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ACCEPTING THE INLAND V ALLEY DEVELOPMENT AGENCY (IVDA) INCLUSIONARY HOUSING POLICY ENTITLING THE REDEVELOPMENT AGENCY TO RECEIVE ONE HUNDRED PERCENT (100%) OF THE INCLUSIONARY HOUSING CREDITS FOR DEVELOPED OR NEWLY REHABILITATED HOUSING UNITS WITHIN THE IVDA PROJECT AREA 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit Development Commission of the City of San Bernardino at a 6 7 thereof, held on the day of 8 Commission Members: Ayes 9 ESTRADA 10 LONGVILLE II MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 ,2005, by the following vote to wit: Nays Abstain Absent 17 Secretary 18 The foregoing resolution is hereby approved this day of ,2005. 19 20- 21 Judith Valles, Chairperson Community Development Commission of the City of San Bernardino 22 Approved as to form and Legal Content: 23 Ag!Qff/i/joJl tJtb/iJ 24 By: ?5 -3- P:\Af':endas\RnolutioRs\Ruolutions\200S\05-U-07 IVDA lndusionar}' Folic)' Ruo.doc '- ' TO: Inland Valley Development Agency FROM: Timothy 1. Sabo, Lewis Brisbois Bisgaard & Smith DATE: September 14, 2005 SUBJECT: APPROVE AND ADOPT RESOLUTION NO. 2005-08 OF THE INLAND VALLEY DEVELOPMENT AGENCY (IVDA) APPROVING POLICIES FOR INCLUSIONARY HOUSING AND HOUSING PLANS FOR MEMBER JURISDICTIONS RECOMMENDED ACTION: Approve and Adopt Resolution No. 2005-08 of the Inland Valley Development Agency (IVDA) Approving Policies for Inelusionary Housing and Housing Plans for Member Jurisdictions. FINANCIAL IMPACT: No direct financial impact on the IVDA. The Inelusionary Housing Policy would transfer to each member agency certain redevelopment agency affordable housing unit production credits which could otherwise be claimed by the IVDA (and lost to each member agency) under existing redevelopment housing production reporting regulations. BACKGROUND AND COMMENTS: A portion of the tax increment revenues of the IVDA are deposited each year into the Low- and Moderate-Income Housing Fund of the Inland Valley Redevelopment Project Area and these funds may be used for the production of affordable housing units in the IVDA Project Area or within the territorial jurisdiction of the member agencies. Pursuant to the current IVDA affordable housing program, each year these Low-and-Moderate-Income Housing Funds are transferred by the IVDA to the member agencies, who in turn use these funds for specific affordable housing development activities either within the portion of the IVDA Project Area situated within each of member ageocy's jurisdiction or elsewhere in the territorial jurisdiction of the member agency. Each member agency provides the IVDA with an anlUlal written report on the member's use of such affordable housing funds. The annual report includes information about the location, types of projects and the total number, by dwelling unit category, of new affordable housing units actually produced. Under the provisions of Health and Safety Code Section 334 I 3(b)(2)(ii) when a redevelopment agency produces an affordable housing unit outside of its project area then the agency can only claim a 50% "inclusionary housing credit" for such a housing unit. Under the current IVDA Low- and-Moderate-Income Housing Fund transfer and reporting program, the IVDA could be allocated 100% of the credit for production of such affordable housing units. IlAgendal2005\091405\lnclusionary Housing PolicLRepon doc ITEM NO. 5 Adoption of the resolution and therefore the accompanying Inclusionary Housing Policy wiIl permit each member jurisdiction that adopts an acceptance resolution of this Policy to receive 100% of the inclusionary/replacement housing credits for any developed or newly rehabilitated housing units undertaken by the member jurisdiction or its duly formed redevelopment agency within the IVDA Project Area which is also within the territorial jurisdiction of such member jurisdiction. Staff recommends that the Board approve the above recommended action. I:\AGENDA\2005\091405\Jnclusionary Housing Policy_Rcpor1.doc ITEM NO. 5a RESOLUTION NO. 2005-08 RESOLUTION OF THE INLAND VALLEY DEVELOPMENT AGENCY MAKING CERTAIN FINDINGS AND DETERMINATIONS AS TO THE ABILITY OF THE REDEVELOPMENT AGENCIES OF THE MEMBER JURISDICTIONS TO UTILIZE THE PROVISIONS OF THE HEALTH & SAFETY CODE FOR INCLUSIONARY HOUSING RELATED TO OTHER REDEVELOPMENT AND HOUSING ACTIVITIES OF SUCH REDEVELOPMENT AGENCIES AND ADOPTING AN INCLUSIONARY HOUSING POLICY WHEREAS, the Inland Valley Development Agency ("IVDA") has previously adopted a certain Redevelopment Plan for the Inland Valley Redevelopment Project (the "Redevelopment Plan") for which certain areas of the County of San Bernardino and the Cities of Colton, Loma Linda and San Bernardino (the County and each of said cities is herein sometimes referred to as a "Member Jurisdiction" and collectively as "Member Jurisdictions") have consented to the inclusion of such territories into the redevelopment project area of the IVDA (the "Project Area") for such Redevelopment Plan; and WHEREAS, the IVDA has previously adopted a policy whereby each of the Member Jurisdictions was entitled to receive their respective portion of the IVDA's Low and Moderate Income Housing Fund represented by the tax increment revenues generated within the territories of each Member Jurisdiction which was included within the Redevelopment Plan and the Project Area; and WHEREAS, the IVDA has previously adopted an Implementation Plan as required by the Community Redevelopment Law ("CRL") which contains appropriate provisions therein related to the housing activities of the IVDA and the Inclusionary Housing Plan of the IVDA as contained in Section VII. thereof; and WHEREAS, pursuant to the CRL, a redevelopment agency may satisfy the inclusionary housing requirements which requires that fifteen percent (15%) of all housing units developed within.a redevelopment project area must be made available at affordable housing cost to, and occupied by, persons and families of low or moderate income, by developing or rehabilitating housing units outside a redevelopment project area; provided, however, that of such housing units which are made available outside a redevelopment project area, the redevelopment agency must provide two (2) housing units for every housing unit developed inside the redevelopment project area of the redevelopment agency; and WHEREAS, the effect of such provisions of the CRL would be to thus require the redevelopment agency of each Member Jurisdiction to receive credit for the development of only fifty percent (50%) of the housing units developed in the Project Area of the IVDA which is within the territorial boundaries of each Member Jurisdiction and the IVDA would receive one hundred (lOO%) percent credit for the housing units; and 4817-{j632-3456.1 WHEREAS, the IVDA has previously adopted its Resolution No. 2003-11 on October 8, 2003, which provided for the adoption of certain policies consistent with the CRL relative to the exercise of redevelopment powers by the IVDA Member Jurisdictions; and WHEREAS, such policies as adopted by the IVDA by way of Resolution No. 2003-11 incJude, but are not limited to, the ability of each of the Member Jurisdictions to use those portions of the Project Area within their respective territorial boundaries, located outside of the former Norton Air Force Base ("NAFB"), for purposes of computing the low- to moderate- income inclusionary housing development requirements of Health and Safety Code Section 33413 for each respective Member Jurisdiction, in addition to the planned implementation of a policy by the IVDA that each Member Jurisdiction take one hundred percent (100%) credit for all low or moderate income ("LMI") units such Member Jurisdiction develops or rehabilitates within the Project Area; and WHEREAS, on April 14,2004, the IVDA obtained a judgment in a validation proceeding (County of San Bernardino Superior Court Case No. SCVSS 112588), which judgment determined the validity of the adoption of the aforementioned policies by the IVDA as they pertain to the Member Jurisdictions; and WHEREAS, the City of Lorna Linda has previously requested that the IVDA consider adopting a policy of the IVDA Board to enable the City ofLoma Linda and each of the Member Jurisdictions through their legislative bodies or their respective redevelopment agencies to consider the Project Area of the IVDA which is located within territory of each of the Member Jurisdictions the same as a redevelopment project area of such Member Jurisdictions for purposes of CRL Section 33413(b )(2)(A); and WHEREAS, the Community Development Commission of the City of San Bernardino (the "San Bernardino Commission") has adopted a Resolution on February 3, 2003, whereby the Chairperson or his/her designee of the San Bernardino Commission was authorized and directed to request that the IVDA adopt a resolution providing 100% credit to the Redevelopment Agency of the City of San Bernardino (the "San Bernardino Agency") for any developed or rehabilitated housing units undertaken by the San Bernardino Agency within the IVDA Project Area boundaries located within-the City of San Bernardino; and WHEREAS, the IVDAhas previously considered the separate requests of the City of Lorna Linda and the Community Development Commission of the City of San Bernardino and has directed staff to prepare a policy to implement such requests for the benefit of all Member Jurisdictions of the IVDA. NOW, THEREFORE, THE GOVERNING BOARD OF THE INLAND V ALLEY DEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS: Section l. The Inland Valley Development Agency hereby approves and adopts the Tnclusionary Housing Policy attached hereto as Exhibit "A". This Policy shall be applicable to all portions of the Project Area of the IVDA within which any Member Jurisdiction has by the appropriate action of the respective legislative body of the Member Jurisdiction or its duly 4817 -6632-3456.1 2 . fonned redevelopment agency elected to take advantage of the benefits that may be confeFred on such Member Jurisdiction pursuant to this Policy. Section 2. This Resolution shall not be amended, modified or repealed from and after the date that any Member Jurisdiction or its duly established redevelopment agency has adopted an acceptance resolution as required by the Inclusionary Housing Policy without the consent of each Member Jurisdiction which has either directly or through its duly established redevelopment agency so approved an acceptance resolution pursuant to said Policy. Section 3. This Resolution shall be effective from and after the date of adoption hereof. Co-Chair Inland Valley Development Agency (Seal) Attest: dayof ~8~ ,2005. - haIr d Valley Development Agency I, Kelly Berry, Clerk of the Board of the Inland Valley Development Agency (IVDA) do hereby certify that the foregoing Resolution No. 2005-08 was duly and regularly passed and adopted by the IVDA at a regular meeting thereof, held on the ~ day of 5~/-bn~ i2/t.- , 2005, and that the foregoing is a full, true and correct copyof said Resolution and has not been amended or repealed. (Seal) Attest: <lRI7,J;h1?_14~h 1 '1 Exhibit "An INLAND VALLEY DEVELOPMENT AGENCY INCLUSIONARY HOUSING POLICY The Inland Valley Development Agency recognizes that each of the Member Jurisdictions or their duly formed redevelopment agencies receives their proportionate share of the tax increment revenues representing the distribution to each Member Jurisdiction or its duly formed redevelopment agency of the Low and Moderate Income Housing Fund of the lVDA which was generated by the tax increment revenues of the IVDA Project Area within the territory of each Member Jurisdiction for each fiscal year of the IVDA. It is recognized that each Member Jurisdiction or its duly formed redevelopment agency may utilize their portion of the Low and Moderate Income Housing Fund anywhere within their territorial jurisdiction, and to the extent any Member Jurisdiction or its duly formed redevelopment agency does in fact utilize such Low and Moderate Income Hosing Fund moneys within the IVDA Project Area which is also within the territorial jurisdiction of such Member Jurisdiction, such Member Jurisdiction or its duly formed redevelopment agency may elect to consider such use of the Low and Moderate Income Housing Fund for compliance with the inclusionary housing provisions in addition to other housing activities undertaken directly or indirectly by such Member Jurisdiction or its duly formed redevelopment agency in the same manner for compliance with the provisions of California Redevelopment Law (CRL) Section 334l3(b)(2)(A). Each Member Jurisdiction that causes the adoption of an acceptance resolution of this Policy by the appropriate action of the respective legislative body of the Member Jurisdiction or its duly formed redevelopment agency shall be entitled to receive One Hundred Percent (100%) of the InclusionaryfReplacemcnt housing credits for any developed or newly rehabilitated housing units undertaken by the Member Jurisdiction or its duly formed redevelopment agency within the IVDA Project Area which is also within the territorial jurisdiction of such Member Jurisdiction. The Inland Valley Development Agency recognizes that although it retains the obligations to report to the State of California on an annual basis as to the use of the Low and Moderate Income Housing Fund, such report can only be compiled based upon the information submitted by the Member Jurisdictions to the Inland Valley Development Agency in a timely manner. The Inland Valley Development Agency has contracted, pursuant to prior actions ofthe Inland Valley Development Agency, with each Member Jurisdiction, to have each of the Member Jurisdictions provide all housing related compliance as may be required under the CRL, and for such reasons, the Inland Valley Development Agency further finds and determines that all compliance with the inclusionary housing provisions of the CRL, and in particular CRL Section 334l3(b)(2)(A), shall be made by each Member Jurisdiction electing to adhere to the Policy as set forth in this Resolution. Each Member Jurisdiction that adopts an acceptance resolution by its legislative body or its duly established redevelopment agency shall submit the additional information to the Inland Valley Development Agency regarding compliance matters for the inclusionary housing provisions of the CRL in accordance with this Policy. Each Member Jurisdiction that adopts an acceptance resolution by its legislative body or its duly established redevelopment agency shall submit a certified copy of such duly adopted 4817-6632-3456.1 11 acceptance resolution to the Clerk of the Board of the Inland Valley Development Agency. No further actions shalI be required by the governing body of the Inland VaHey Development Agency to accept or approve such acceptance resolution, and from and after the date of adoption of the appropriate acceptance resolution by a Member Jurisdiction or its duly established redevelopment agency, such Member Jurisdiction shalI then be deemed to include within the IVDA Project Area of each such Member Jurisdiction all new and newly rehabilitated dwelIing units for purposes of the incIusionary housing rule under CRL Section 33413(b)(2)(A) for such period of time both prior to and subsequent to the date of adoption of their acceptance resolution, as deemed advisable by each respective Member Jurisdiction. 4817~632-34561 5 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** Meeting Date (Date Ad~ted): l~' '1 r a.; Vote: Ayes . \ Nays RESOLUTION AGENDA ITEM TRACKING FORM @ UX~ 1X0i:" 3 IS' Item # K~~ Resolution # Abstain Absent Change to motion to amend original documents 0 Companion Resolutions NulIIVoid After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: -- Date Sent to Mayor: \ \ ~ ~ I' O~ .- Date of Mayor's Signature: I L -\0 -0<;;// . / Date of Clerk/CDC Signature: i r I DI C \ Reso. Log Updated: c:t'" Seal Impressed: [2( /' Reso. # on Staff Report c1' Date Memo/Letter Sent for Signature: 1 st Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 /' Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes Yes Yes Yes Yes ~~BY_ No_ By_ No./' By ~ - No_ By_ No~/By_ Copies Distributed to: ~/ Animal Control 0 EDA Information Services 0 City Administrator 0 Facilities 0 Parks & Recreation 0 City Attorney 0 Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: Notes: Ready to File: V' I " / I .)).0"') Date: l Revised 12/18/03