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Home My WebLink AboutCDC/2005-38 RESOLUTION NO. CDC/2005-38 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ACCEPTING THE INLAND VALLEY DEVELOPMENT AGENCY QVDA) 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 33413(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 area under the jurisdiction of an agency by public or private entities or persons other than an 20 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 III 24 III 25 -1- P:\Agendas\Resolullons\Resolutlons\2005\OS-tl-07 IVDA Incluslonary Policy Reso.doc CDc/2005-38 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 14 15 16 17 18 19 20 21 22 23 24 25 Section 1. The Community Development Commission hereby approves and accepts the IVDA Inclusionary 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. IIII IIII IIII IIII IIII IIII IIII IIII -2- P:\Acendas\R.elOlutlolU\ResolutionI\2005\05-11-07 IVDA Indusionary PoUty Reso.doc CDC/200S-38 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit 6 Development Commission of the City of San Bernardino at a joint regular 7 thereof, held on the 7th November , 2005, by the following vote to wit: day of 8 9 Commission Members: Aves Navs Abstain Absent ESTRADA X LONGVILLE X - MCGINNIS X - DERRY X KELLEY X JOHNSON ---1L MC CAMMACK X 10 11 12 13 14 15 ~ {:i~ Secretary The foregoing resolution is hereby approved this lc d day of November ,2005. n ", {C~ alles, Chairperson unity Development Commission City of San Bernardino 16 17 18 19 20 21 22 Approved as to form and Legal Content: 23 /o~jj~ Agency Co sel 24 By: 25 -3- P:\A&enda.\Resolutioftl\RelolutioRI\ZOO5\05-11-07 IVDA ludustonary PoHey Reso.doc ,~. / TO: Inland Valley Development Agency FROM: Timothy J. 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))evelopment Agency (IVDA) Approving Policies for Inclusionary Housing and Housing Plans for Member Jurisdictions. FINANCIAL IMPACT: No direct financial impact on the IVDA. The Inclusionary 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 age~cy'sjurisdiction or e.lsewherein the territorial jurisdiction of the member agency. Each member agency provides the IVDA with an annual written rcporton 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 3341 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. 1:\Agenda\200SI091405\lnclusionary Housing Policy _ Repon.doc ITEM NO. 5 Adoption of the resolution and therefore the accompanying Inclusionary Housing Policy will 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. t\AGENDA\200S\09I 405\JncJusionary Housing Policy _Report. doc ITEM NO. Sa 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, Lorna 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"aredevelopll'lcnt prQjectarea must 00 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 (100%) percent credit for the housing units; and 4817'{;632-3456.l 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 include, 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 ajudgment 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 ....boundaric:s located/within-the City of San Bernardino; and WHEREAS, theIYDA has 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 VALLEY DEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Inland Valley Development Agency hereby approves and adopts the Inclusionary 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 48\7'{)632-3456.\ 2 formed redevelopment agency elected to take advantage of the benefits that may be conferred 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 day of :5epIU1J8l!.,G ,2005. - hair d Valley Development Agency (Seal) Attest: t 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 ,~/e.fft;.s~ , . . .1()OS,andthat the foregoing is a full, true and correct copy of said Resolution and has not been . amended or repealed. (Seal) Attest: 4817-6632-3456.1 3 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 IVDA 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 33413(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 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. 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 . ...subnlittedby the. Member Jurisdictions to the.Inland Valley Development Agency in a timely manner. The Inland Valley Development Agencyh,as contracted, pursuant to prior actions ofthe Inlan<1 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 33413(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 4 acceptance resolution to the Clerk of the Board of the Inland Valley Development Agency. No further actions shall be required by the governing body of the Inland Valley Development Agency to accept or approve stich 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 shall then be deemed to include within the IVDA Project Area of each such Member Jurisdiction all new and newly rehabilitated dwelling units for purposes of the inclusionary housing rule under CRL Section 334l3(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. 4817-6632-3456.1 5