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HomeMy WebLinkAboutR05-Economic Development Agency c c c o ,...... ',-, DEVELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY REOUEST FOR COMMISSION/COUNCil. ACTION From: BARBARA J. LINDSETII Acting Executive Director Subject: IMPLEMENTATION PLAN FOR V ARIOUS REDEVELOPMENT PROJECT AREAS (AB-1290) Date: November 23,1994 --~--------------------------------------------------------------------------------------------------------------------------- Svnnn~i!ll of Previous Commi55ion/Coun~illCommittee Aetionls): On November 21, 1994, the Community Development Commission established December 5, 1994 at 11:00 a.m., as the date and time for Implementation Plan Public Hearing. Recommended Motionls): OPEN PUBLIC HEARING CLOSE PUBLIC HEARING lCommunitv Development Commi!l;lIiilinnl MOTION: RESOLUTION OF TIlE COMMUNITY DEVELOPMENT COMMISSION OF TIlE CITY OF SAN BERNARDINO, ON BEHALF OF TIlE REDEVELOPMENT AGENCY OF TIlE CITY OF SAN BERNARDINO, APPROVING A CERTAIN IMPLEMENTATION PLAN FOR TIlE VARIOUS REDEVELOPMENT PROJECT AREAS OF TIlE CITY OF SAN BERNARDINO. 10 Administrator /'" ., // j/'I / I)', &" ,r:;:-y~~/, ,)/",,'117 BARBARA J. LINDSETH Acting Executive Director Contact Person(s): Barbara J. Lindsethn ""m J. Muna-Landa Phone: 5081 Project Area(s): All Ward(s): 1 - 1 Supporting Data Allached: Staff Rc:port/Resolutionllmplementation Plan FUNDING REQUIREMENTS: Amount: $ N/A Budget Authority: Source: Commilllsion/Collncil Notes: BJL:LJML:abI290(dle) COMMISSION MEETING AGENDA Meeting Date: 12/05/1994 Agenda Item Number: 5' c ,-. L. c Q ,....." \...) D VELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY STAFF REPORT IMPq:lY\Ji;NlA,TION PLAN FOR VARIOUS REDEVELOPMENT PROJECT AREAS Back~und The Agency has previously adopted various redevelopment project areas throughout the City of San Bernardino in acconlance with California Cornmunity Redevelopment Law. Analysis Recent revisions to the California Cornmunity Redevelopment Law, which were enacted pursuant to Assembly Bill 1290, require that every redevelopment agency prepare an Implementation Plan, for its various redevelopment project areas which sets forth the specific goals and objectives of the redevelopment agency as well as the program s designed to implement its redevelopment activities and assist in the elimination of blight throughout its various project areas. In addition, the Implementation Plan is also required to address the low- and moderate-income housing provisions and the redevelopment agency's low- and moderate-income housing compliance plan. Agency staff has reviewed the various plans as well as the project area revenues and proposed projects. The project areas discussed within the Implementation Plan are: 1. Central City Project (merged) 2. State College Project 3. Central City North Project 4. Southeast Industrial Park Project 5. Central City West Project 6. Northwest Project 7. Tri-City Project 8. South Valle Project 9. Uptown Project 10. Mt. Vemon Corridor Project Agency staff has prepared the Implementation Plan which is attached to this staff report. The Implementation Plan discusses each Redevelopment Project Area's goals and objectives and includes a lengthy discussion of the Agency's compliance with the low- and moderate-income housing provisions a, set forth in California Community Redevelopment Law. The Implementation Plan is to be approved after a public hearing whereby the Agency is to receive comments from the public. The Implementation Plan must be approved by the Agency prior to December 31, 1994. Recommendation Staff recommends adoption of the fom motion. /! c-/'zIf-" /)~'- ~c 0-C-'! <::J//)j>SL BARBARA J. LINDSETH, Acting Director Development Department ............................-------.................................................-....---......-........----------..............--.............................-........................................--.. BJL:LJML:ab1290(dle) COMMISSION MEETING AGENDA Meeting Date: 12/05/1994 Agenda Item Number: 5 o .:) j r '- 1 2 3 4 5 6 7 8 RESOLurION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF nIB CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF TIlE CITY OF SAN BERNARDINO, APPROVING A CERTAIN IMPLEMENTATION PLAN FOR THE VARIOUS REDEVELOPMENT PROmCT \AREAS OF THE Cny OF SAN BERNARDINO. ,; WHEREAS, the City of San Bernardino. California (the "City") is a municipal 9 cOlpomtlon lUld a charter city duly cmated and existing pulSuant to the conslituliollllnd the III.I:!8 Jl~_the 1 0 State of Califomia: and 11 WHEREAS. the Community Development Commission of the City of San Bernardino , 12 (the "Commission"), on behalf of the Redevelopment Agency of the City of San Bernardino (the ....~..~.: 7 13 "Agency"), is II redcvelopment agency. a pUblic body, cmpomte and politic of the State of California, ~ .""'~ 14 orgllni7.ed lUld existing Ptmluant to the C~unity Redevelopment Law (part 1 of Division 24) 15 ':':1' . .::r. commencing with Secljonl~3000 of the Helllcth 1II1d Safety Code of the State of Califomia (the "Act"): 16 17 " , ._~. ~_!. ~ and .;" ,'.--'''- ' WHEREAS., Section 33490 of the Act. which was added by Assembly Bill 1290 enacted , ; ~~ yeaiS which contains the specific goals lII1d objectives of the Agency for its project areas. which 21 Implementation Plan is to include the specific prognuns lII1d estimated eJ<penditures of the Agency as '1\'" . " 22 well as its low and modemte income housing prognun; lII1d . ')(.. ... ,,' -- ~ - . 24 Redevelopment Plans (collectively berelnafter refesred to as the "Redevelopment Plans") for various 1 '.. - 25 redevelopment pl'Oject areas within the City ~bicb project areas include: tile Mendowbrook-Centrul CUy 26 Project Area. Central City Nortb Project Area, Central City East ProJect Area, Cenlrul City South Projl:ct C 27 Area, Central City West pmject Area, Trl-City Project Area, Southeast Industrial Park: Redevelopment 28 23 (\:S '". ~ WHEREAS. the City lII1d the Commission have previously approved and adopted , ,';" o ..-. v C 1 2 l'roject Area, South Valle Project Area, State College Project Area, Northwest Project Area, Uptown 3 PlOject Area, and the Mt. Vernon Corridor Project Area (collectively hereinafter referred to as tbe 4 "Project Areas"); 8nd 5 WHEREAS, the Agency has prepared an Implementation Plan which sets forth the 6 requirements of Assembly Bill 1290 for each of the Agency's Project Areas; and 7 8 with its approval of the Implementation PIm. WHEREAS, the Act requires thal the Agency must hold a public bearing in connection ~ 10 ~ C H , , " 15 16 17 18 19 20 NOW, THEREFORB THE COMMUNITY DEVELOPMENT COMMISSION ACflNO 11 ON BFJIALF OFTHE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES 12 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 13 ,. , , hi ':~r.^3 c.,. "d' ' Section 2. The Agency, having held a duly noticed public hearing in accordance , ,d ,'. ' . ,'(:, P : " , with Hwlh and Safety Code Section 33490, hereby finds and detennines that the Implementation Plan , has been prepared in accontance with the Act. . \S~ L _,' ;,. :1:.2 1; :: Section 3. The Agency hereby approves the Implementation Plan, a copy of wbich i ' .' 13" ,~:::c c .. " is attached hereto as Exhibit " A" and incorpomted herein by this reference. S ',:' j: Section 4. The findings'and detenn1oBtiolls herein'shall be final an!' conclusive. . ;,.'f .:~" 'Ibis Resolution shall take effect upon the date of Its adoption. "-':lr~~-' , - , 'c.,-,..":." . ::-V" , 'i_-'_ ,:'liTr " - ,--'.,.", c:; - o o c 1 1l.T.ISOLlIUON OF llffi COMMtJNITY Dnvm.OI'MENT COMWSSION OF TIm CITY OF SAN DRRNARDlNO. ON lllillAJ..F OF THE RlIDUVHL.OPMBN'r AORNCY OJ' TH8 CITY OF SAN 2 DT:iltNARDlNO, APrROV1NO A CElRTAlN lMl'LBMENTA'l'lON PLAN FOR l'U6 VARIOUS Rr..onVJ.,;LOPMrINT l'ROmC'r AJrr"IAS OF TIm Cll'Y OF SAN DIlRNARDINO 3 4 5 6 l.l<'Ve1opIllCIlI COlll/QIASlon oCtile Clly or SUIl BC11I8rdlno at 1\_____ _ ___ 7 II-JEREOY CER11FY (hilt IIIe Coregolllg Resolution WIIS duly ndoplcd by Ihe COlllllJunlty ml.'tltlng IhCl<lof, held on Ihe __ _ d"y of _ ______.1994. by lhclollowlng volC, 10 wI!: 8 9 ~!"I.iMlWJ_MeJulll:I1t.: --'-""------ A.Y13S ~ A[I..s.TAIti 6 D.SJ:lNt ~c lQ Nl!ORE'fE 11 CURLIN , HERNANDEZ 1.2 OJJHIUJfiLMAN vrLVuN J 13 POl'E-LIJDLAM MILl.ER ;J 14'( -: ':/g"~:r;i ,/;, --,.. :\ .' :,,::.--::: ." (\' ,:"l ~ \ . iA.'.f~ );-;- 'OJ.' I./d, J~ J6 ---- j <'iV cr: . ,j,;::'li:.. . Secretary J7, C 111c foregoing reb'Olutionls }I!'fllhy approvc4l11i:l ~_ dRY 0 __._____. 1994. IS1 ! ;,.'lul J. ,..-:Z!. .- ,.>' I 19 20 21 jH' --------- TOM MINOR. Chulmll\ll Community Developmcnl COIllIl1i.,slou of the Cil'y of San Bemlll"dino ~pprov~.d.,as \0 fonn 22 1lI1~ Jeglllcl1UICltl: 23 .. j" 24 'r"'S- ~ By: ~.__ _ 25 Agell~Y C ... 26 .s".',,""1290.,e,(dle) C 27 28 :5 0 0 C STATE OF CALIFORNIA ) 1 2 COUNTY OF ) 3 On beforeme, 4 (dole) (he~ ioscrI cwne and title of Ihe officer) J r '- I . c 5 personally appeared , personally known to me (or proved 10 me on Ihe basis 6 of satisfactory evidence) to be Ihe person(s) whose nane(s) is/are subscribed to Ihe within iosttumenl and 7 acknowledged 10 me dllll he/she/they executed the same In his/hcJ;lthelr aulhori7.ed capacily(ie.,), and dml 8 by his/hcr/thelr signature(s) on the insttumenl the person(s), or the entity upon behalf of which the person(s) acted, execuled the insttument. 9 .~J.....___,.__ .._.-l:__~ 10 WflNESS my hand and of:licial seal. 11' 12 13 Signature 14 15 ,Z[ 16. 17 18 )'. 19 20 21 - 22 23 24. 25 ... . . 26 27 28 '. , .L".. ) , (Seal) u:'::.> i_'.l~._:i! . '-" ",' . . ----_..;.., ).~ _,I . be . 'o)\f~tO . . ::'E;~~ t~ ~"., ;~) ";,I :~~~;:.tt ':tlE. ._,\ otfttT ~ - - ~,,,,, - - - - - - ." - IMPLEMENTATION PLAN - for the Redevelopment Agency of the City of San Bernardino Redevelopment Projects - - - - - · Central City Project (Merged) · State College Project · Central City North Project · Southeast Industrial Park Project · Central City West Project · Northwest Project · Tri-City Project · South VaIle Project · Uptown Project · Mt. Vernon Corridor Project - - - - - - . - - - - .. - .. - .. - .. City of San Bernardino . ECONOMIC DEVELOPMENT AGENCY cP/r d:!~ - ... - ... .- ... - I ... - ... - ... .- ... - ... - ... ,... ... - ... - .. ... ... ,... ... - ... "" III l r' .. "" ilia III .. c o IMPLEMENTATION PLAN FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REDEVELOPMENT PROJECTS . CENTRAL CITY PROJECT (MERGED) . STATE COLLEGE PROJECT . CENTRAL CITY NORTH PROJECT . SOUTHEAST INDUSTRIAL PARK PROJECT .CENTRAL CITY WEST PROJECT . NORTHWEST PROJECT . TRI-CITY PROJECT . SOUTH VALLE PROJECT . UPTOWN PROJECT . MT. VERNON CORRIDOR PROJECT ... .. ... ... c r-- , o PREFACE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ... ... I. ... ... ... .. II. IN'IRODUcrION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Intent of the hnplementation Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 hnplementationPlanRequirement ..........................................3 Housing Production Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PROJECf AREAS - BACKGROUND ...................................... 5 ... General Overview ............................................................ 5 ... A - .. ... .. ... ... ... ... ... .. ... .. ... ... ... .. !"" III "" II. !" Ii. !" III !" i .. CENlRAL CITY PROJECf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Original Blighting Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Reasons for the Selection of the Project Area ..................................9 Agency Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Current Conditions ..................................................... 11 Five Year Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Central City Program/Project Matrix ................................. 13 Funding Sources ...................................................... 15 B. STATE COLLEGE PROJECf ........................................... 18 Original Blighting Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Reasons for the Selection of the Project Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Agency Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Current Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Five Year Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 State College Program/Project Matrix ................................ 23 FundingSources ...................................................... 25 C. CENlRAL CITY NORTH PROJECf .. . .. . . .. . .. . .. .. . .. . .. . .. . .. . . . . . . . . . 28 Original Blighting Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Reasons for the Selection of the Project Area .................................30 Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Current Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Five Year Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Central City North Program/Project Matrix ............................ 34 Funding Sources ...................................................... 36 ~ ~ ~ ... D. ~ ... ~ ~ ... ... E. ~ .. ... .. ... .. F. ~ .. ... ... ~ .. G. ... ... ... .. ... III H. "" .. "" .. "" i.. "" III .. III c ,-... . , ~ SOUTHEASTINDUS1RIAL PARK PROJECT ..............................39 Original Blighting Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Reasons for the Selection of the Project Area .................................40 Agency Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Current Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Five Year Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Southeast Industrial Park Program/Project Matrix ....................... 45 FundingSources ...................................................... 46 CENlRAL CITY WEST PROJECT ....................................... 50 Reasons for the Selection of the Project Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Current Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Five Year Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Central City West Program/Project Matrix ............................. 54 FundingSources ...................................................... 54 NORTHWEST PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Original Blighting Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Reasons for the Selection of the Project Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Current Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Five Year Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Northwest Program/Project Matrix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Funding Sources ...................................................... 63 TRl-CrrY PROJECT .................................................. 67 Original Blighting Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Reasons for the Selection of the Project Area .................................68 Agency Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Current Conditions ..................................................... 69 Five Year Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Tri-City Program/Project Matrix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Funding Sources ...................................................... 72 SOUTH VALLE PROJECT ............................................. 76 Original Blighting Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Reasons for the Selection of the Project Area .................................77 Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Current Conditions ..................................................... 78 Five Year Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 South Valle Program/project Matrix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Funding Sources ...................................................... 81 ... ... ... ... ... ioo ... ... ... ioo ... ... ... ... ... ioo ... c ,........" -...) I. UPTOWN PROJECf .................................................. 84 Original Blighting Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Reasons for the Selection of the Project Area .................................85 AgencyActivities...................................................... 86 Current Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Five Year Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Uptown ProgramfProject Matrix .................................... 89 Funding Sources ...................................................... 90 J. Mr. VERNON CORRIDOR PROmCf .................................... 94 Original Blighting Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Reasons for the Selection of the Project Area .................................96 Agency Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Current Conditions ..................................................... 97 Five Year Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Mt. Vemon CorridorProgramfProject Matrix ...........................99 Funding Sources ..................................................... 100 III. REPLACEMENT INCLUSIONARY HOUSING PLAN . . . . . . . . . . . . . . . . . . . . . .. 106 ... IV. ADMINISTRATIONOFTHEIMPLEMENTATIONPLAN................... 195 ... ... ... ... ... ... ... ... ... ioo ... I., "'" . ... .. !'" .. !'" .. ... o .~ v l. "" .. PREFACE ... ... 111is Implementation Plan ("Plan") is being prepared and adopted in accordance and with recent revisions to California's Redevelopment Law (CRL). These revisions apply to the Redevelopment Agency ("Agency") of the City of San Bernardino's ten (10) redevelopment project areas. This Plan identifies Agency-related programs including potential project activities scheduled for the next five years, including housing activities targeted for low-and moderate-income fantilles. ... ... ... 111is Implementation Plan is presented in the following four sections: ... ... Section 1 - Introduction: ... Provides an overview of the changes to California's Redevelopment Law that prompted the ... development of this Implementation Plan. Also includes an outline of the intent of the Plan. ... Section 2 . Project Areas Background: ... ... Introduces and describes generally the ten (10) Redevelopment Project Areas in the City of San Bernardino. Includes descriptions of each Redevelopment Project's location, Redevelopment Project area maps, goals, original and remaining blighting conditions, Agency activities to date in each Redevelopment Project Area, and activities proposed for the next five year period. ... lit ... Section 3 - Housing Production Program: ... .. Provides a sllmmary of issues relative to providing low- and moderate-income housing. Includes descriptions of past hOllsing production activities, current housing needs, housing programs aimed at meeting these needs, and a five (5) year housing production plan. ... - ... Section 4 - Administration of the Implementation Plan: - Describes the Implementation Plan review process, including periodic reviews and public hearings. Also includes a description of annual financial commitments that will fund the Agency's activities. ... ... ... ... .. "" ill "" .. "" I .. "" .. - ... ,... .. - I.. - ... ,... ... - ... - ... - .. - ... ,... lo. ,... .. ,.. .. - ... - .. ,.. I.. JIll III .. i. .. .. JIll i. c ,.-." u I. INTRODUCTION TIle Redevelopment Agency of the City of San Bernardino ("Agency") is involved in various business development and revitalization, public works, marketing, business retention and expansion, and housing activities. The Agency is responsible for the adoption of redevelopment project areas for the pmpose of revitalizing blighted and economically stagnant portions of the community. In doing so, the Agency implements redevelopment programs that assist in the installation and upgrading of infrastructure and other capital improvements. The Agency, therefore, acts as a catalyst for the removal of blighting conditions that burden a community and facilitates reinvestment in the area. TIle Agency is also responsible for increasing, maintaining, and preserving the City of San Bemardino stock of low- and moderate-income dwelling units through the use of a portion of tax increment funds generated by redevelopment project areas. In this role, the Agency has supervised the preparation of this Implementation Plan, which provides a short-range strategy for accomplishing these objectives, as well as a method of measuring perfOnllance. Intent of the Implementation Plan On October 6, 1993, Governor Pete Wilson signed into law Assembly Bill (AB) 1290, the California Community Redevelopment Law Reform Act of 1993. AB 1290 was authored to address perceived major abuses and problems in redevelopment practice, and to refocus the redevelopment process on statewide concerns of alleviating blight, stimulating economic development, and providing affordable housing. Chief among the problems addressed by AB 1290 is engaging in redevelopment activities that do not truly address blighting conditions. AB 1290 was subsequently amended by Senate Bill 732 which became effective as an ongoing item on September 27, 1994. Reflecting a legislative concern that some redevelopment agencies do not implement their plans in a maImer that results in the elimination of the blight that justifIed the adoption of the plan in the first place, AB 1290 contains a number of provisions that require an agency and its legislative body to implement the redevelopment plan in a marnler that will eliminate blighting conditions. Implementing projects that cannot be linked to the elimination of blight will not be penllissible under Community Redevelopment Law (CRL). It is thus the dual intent of the Implementation Plan to provide a more realistic and manageable short-range schedule of redevelopment activities, while providing justifIcation of these activities by identifying and defining the linkage between the redevelopment plan and blight elimination. 2 ... .. - ... ... ... ... IlIi ... ... ... ... ... ... ... .. ... ... ... .. ... .. ... .. - ... ... ... ... i.. .. .. Ill' iIo Ill' iIo ,. .. c ""' v Implementation Plan Requirement TIle CRL Reform Act of 1993 added Section 33490 to the Health and Safety Code. This new section requires agencies to produce implementation plans every five years. In accordance with this section, the implementation plan must contain the following: . Specific goals and objectives for the next five (5) years. . Specific programs including potential projects and expenditures planned for the next five (5) years. . An explanation of how the goals, objectives, projects, and expenditures will eliminate blight. . An explanation of how the goals, objectives, projects, and expenditures will implement the low- and moderate-income housing set-aside and housing production requirements (Health and Safety Code Sections 33334.2, 33334.4, 33334.6, and 33413). . The number of housing units to be rehabilitated, price-restricted, assisted or destroyed. . Plans for using annual deposits to the Low and Moderate Housing Fund. . If a planned project will result in destruction of existing affordable housing, an identification of proposed locations for the replacement housing the Agency will be required to produce (Health and Safety Code Section 33413). . The project area affordable housing production plan (AB 315 plan, required by Health and Safety Code Section 33413(b)( 4)). For redevelopment plans adopted prior to January 1, 1994, the first implementation plan must be adopted by December 31,1994. For plans adopted on or after January 1, 1994, the first complete implementation plan must be prepared and adopted prior to the end of the fifth year after it was adopted. Plan adoption can ouly be accomplished after first holding a noticed public hearing. Between two and three years after adoption of an implementation plan, the Agency must hold another noticed public hearing to review the redevelopment plan and the last implementation plan. 3 ... c ~ v ... ... .. Housing Production Requirements ... ... Under current law, agencies that administer redevelopment project areas or portions of project areas established on or after January I, 1976 have an obligation to ensure that specified percentages of new or rehabilitated housing are available at affordable housing cost to low-and moderate-income households and to very low-income households. In addition, under Section 33413 of the CRL, whenever dwelling units housing persons and families of low- or moderate-income are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project, the agency is required to replace those units with an equal number of replacement dwelling units within four years of displacement. The replacement units must have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the project area. ... ... ... ... ... .. ... ... In the event that suitable land for residential development cannot be found within a project area, then the CRL permits an agency to count units that are made available at affordable housing cost outside a project area toward the agency's project area housing production requirement, on a two-for-one basis: that is, two affordable units created outside a project area will count the same toward the inclusionary obligation as one unit created inside the project area. The State has declared that the provision of affordable housing outside of redevelopment project areas can be of direct benefit to those projects in helping to accomplish project objectives regarding affordable housing. .. ... .. ... ... .. Section 33334 of the CRL addresses a number offinancial issues as they apply to affordable housing. These issues are applicable to implementation plans due to the detailed character of the plan, and the strong emphasis placed on providing housing opportunities within the community. Subsections of particular importance in regards to the inlplementation plan include: ... .. ... ... . ~33334.2: Agency obligation to use 20% of tax increment to increase, improve and preserve the community's supply of low- and moderate-income housing. ... ... ... . ~33334.3: Establishment and use of Low- and Moderate Income Housing Fund; Covenants and restrictions. ... ... . ~33334.10: Plan for use of excess surplus in Low- and Moderate Income Housing Fund. III I'" . . ~33334.12: Disbursement of unexpended or unencumbered excess surplus in Low- and Moderate-Income Housing Fund. I'" ... "" .. 4 "" IlIl ... .. ... .. ... .. ... .. ... .. ... .. ... .. ... .. ... .. ... .. ... .. ... .. ... .. ... ... ... I ... ,.. .. "" .. ... .. "" ill c o . ~33334.17: Use of Low- and Moderate-Income Housing Funds outside the community. Of particular interest is Section 33334.10, which deals with the issue of excess sUlplus in the Low- and Moderate-hlcome Housing Fund ("Housing Fund"), and the plans for its use. Under current law, an agency that has accumulated an "excess sUlplus" in its Housing Fund must expend such sUlplus within five years or disburse such sUlplus to the county housing authority or another public agency exercising housing development powers within the agency's territorial jurisdiction. The housing authority or other public entity is then directed to use the transferred sUlplus within three years of the date of transfer to improve and increase the supply of affordable low-and moderate-income housing in the community in which the agency operates. Ai; redefined in AB 1290, an agency will have an excess sUlplus when the unexpended and unencumbered amount in the agency's Housing Fund exceeds the greater of $1,000,000 or the total amount deposited in the agency's Housing Fund during the preceding four years. AB 1290 also strengthens the sanctions for an agency's failure to encumber monies in its Housing Fund in a timely mauner. The intent of these revisions is to encourage agencies 0 make tinlely expenditures of any excess surplus, as well as addressing the widespread perception that, collectively, redevelopment agencies are not spending their Housing Fund monies quickly enough. II. PROJECT AREAS - BACKGROUND General Overview The Agency administers ten (10) redevelopment projects, comprising almost 8,000 acres. The ten (10 ) project areas are: 1. 2. 3. 4. 5. Central City Project (Merged) State College Project Central City North Project Southeast Industrial Park Project Central City West Project 6. 7. 8. 9. 10. Northwest Project Tri-City Project South Valle Project Uptown Project Mt. Vernon Corridor Project The housing production provisions of CRL Section 33413 applies only to projects adopted after January 1, 1976. Three (3) of the projects listed above - State College Project, Central City North Project and Southeast Industrial Park Project do not meet this requirement and thus, are not subject to the housing production provisions of the law at this time. This chapter describes generally the setting for each of the project areas, in terms of such issues as physical conditions, goals, and agency activities. The physical conditions portion of each section includes a swrunary description of both original blighting conditions as well as documentation of any remaining blighting conditions that still exist. This background information is critical in order 5 ... c I""". U ~ ... io. to accurately assess the impact that each project has had on the community. This will also provide a means of evaluating the progress that redevelopment activities in each of the projects has made towards accomplishing their respective goals. I"" I. ... .. ~ ... ... .. ~ ~ ... .. ~ ... ... ... ... ... ~ .. ... .. ... ... ... .. .. III r III II" l. 6 !'" I. - - I'" .. A. - .. - - - .. - .. ... .. - .. - .. - .. - - - .. - 10. - .. "" i. i... .. !" .. "" III "" III c o CENTRAL CrrY PROJECT TIle Central City Project Area consists of four (4) merged project areas adopted as follows: Meadowbrook Project Area adopted August 22, 1958, Central City East Project Area adopted May 3,1976, Central City South Project Area adopted May 3,1976, and Cental City Project No.1 adopted February 24, 1965. These project areas were merged into one project area, through successive legislative actions into the Central City Project Area by 1983. The total gross acreage for the Central City Project Areas is 1,008. The combination of the project areas allows for office, commercial, retail and light industrial opportunities to be consolidated under one project area, which provides for more efficient management of staff resources and funds. Within the Central City Project Area is the Carousel Mall, City Hall and govemment office buildings. Original Blighting Conditions The prinlary blighting influences at the tinle of plan adoption for the Central City Project Area (consisting of the four (4) merged projects) Project Area are described briefly in the paragraphs below, and can be summarized as follows: . Age, deterioration, and dilapidation of structures . Mixed character and shifting of uses . Defective design and physical construction . The laying out of lots in disregard for the physical character of the ground and surrowu:l.ing conditions . Depreciated values and impaired investments . TIle existence oflots or irregular form and inadequate size . The existence of inadequate public inlprovements At the time of plan adoptions and subsequent mergers, properties within the Central City Project Area were improved, or partially improved with a mixture of conunercial, industrial, and residential uses, as well as various public/quasi-public and open space sites. Conditions such as dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, undevelopable residual parcels resulting from State highway construction, and a prevalence of impaired investments and economic maladjustments had led to a reduction of, or lack of, proper utilization of the area to such an extent that it resulted in a serious economic burden on the commwnty. 7 ... c o ... !"" l.. l'" I.. Current economic conditions in the Central City Project Area are characterized by three factors: 1) business migration out of project area; 2) commercial vacancy factors; and 3) impaired investments. Social blight is characterized by worsening historical and current demographic trends and conditions, which show increases in crime, transiency, and general social maladjustment. .. L. "" .. Specific blighting conditions within the Central City Project Area are related to delapidated building condition, property condition, seismic and structural enforcement, buildings without fire sprink1ers, existence of asbestos, exposure to noise, lack of access for the disabled, building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the Central City Project Area. !'" lo. ... ... Economic blight within the Central City Project Area is evidenced by a steady decline in many of the economic indicators including assessed land values, business formations, business relocations, employment, retail sales, household income and public expenditures. Other economic indicators show that the market is depressed and that the feasibility of rehabilitation of many of the older and dilapidated structures is very poor. .. .. ... loot Conditions of severe social blight are also prevalent within the Central City Project Area. Specific indicators of overpopulation, declining economic status, increase crime rate and transiency combine to show that social blight pervades the Central City Project Area. On average, Central City Project Area residents earn considerably less than residents outside the Project Area. Crime, transiency, mental health problems, and alcohol and drug addiction are far more prevalent within the Central City Project Area than in the rest of the region. ... .. ... .. ... .. Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the Central City Project Area to implement commercial projects as well as supporting the development of very low, low, and moderate income housing. Through the use of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OPA) many public-private partnerships have been formed. Despite these efforts, many of the blighting conditions listed above remain. ... .. ... ... ... Ii. 111ese conditions of bl ight and the subsequent under productivity of the Central City Project Area have placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. I p" ., "" iI.t r' lit 8 ... .. - ... c ./""'....." .. '-' l'" lI. Reasons for the Selection of the Project Area ~ I. The selection of the boundaries of the Central City Project Area was originally guided by 1) the Califomia Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: ,. .. ... . Eliminate the conditions of blight existing in the Central City Project Area including structurally substandard buildings. .. . Insure, as far as possible, that the causes of blighting conditions in the Central City Project Area will be either eliminated or protected against. An example of this effort is the coordination of similar land use development in areas throughout the Project Area. ... .. lI"" lI. . Provide participation of owners and business tenants in the Central City Project Area. ... ... Encourage and ensure the redevelopment of the Central City Project Area through both public and private enteIprise. ... ... . Encourage and foster the economic revitalization of the Central City Project Area. ... . hnprove the public facilities in the Central City Project Area to provide safer and more efficient public services. ... ... .. Agency Activities ... As identified in the original Revelopment Project Area Plans, there were detrimental physical, social, and economic conditions that were negatively impacting this section of San Bemardillo at the time of plan adoption. The Agency had proposed to alleviate these conditions by undertaking a comprehensive program of public improvements and by providing a variety of development incentives that were intended to stimulate new development and rehabilitation activities in the Central City Project Area. ... ... ~ ... .. This section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. ~ ... P'" ill Since plan adoption, the Redevelopment Agency or the City of San Bernardino has initiated a number of projects in the Central City Project Area. The following is a list of major projects and activities completed in the Project Area within the past five (5) years: lI"" l1li . Radisson Hotel Conversion from the Maruko Hotel (fmancial assistance) ... .. 9 lI"" .. ... .. ... ... ... III ... III ,.. ;( III !'" III .. .. ... III ... ... ... ... ... ... ... ... ... ... 1 ... .. ... III I". ill .. .. ". , III ... ; III c - "-" . Executed exclusive Right to Negotiate with Coussoulis Development for development of property at Rialto and "0" Streets. . Purchased parcel at Arrowhead & Orangeshow Road for potential relocation of Water Department Offices. . Provided assistance to National Orange Show for public improvements on Arrowhead Avenue to facilitate construction of a satelite wagering facility. . Purchase of City-owned recycling plant at 181 South "0" Street, demolished the plant, performed toxic studies and remediated the site. . Carousel Mall Conversion (Agency fmancial assistance to update the mall theme and purchase carousel) . Attraction of Isabella's Restaurant . Construction of Court Street Square (consumer magnet for the Downtown area) . Court SU"eet Square Parking Lot Construction (fmancial assistance) . "E" Street Diagonal Parking Construction . Development of the City Center Plan (funded cost of plan) . Installation of Main Street - Streetscape Program . Assistance to many businesses through the Main Street Facade Assistance Program . Construction of the "E" Street Terrace . Agency Acquisition of the Goodwill Property . Agency assistance for Habitat for Humanity Lot Acquisition . Acquisition of Coors Distribution Center Building Acquisition of 201 North "E" Street Building and tenant improvements 10 II"' .. I'" .. "" .. I'" ill "" l. II"' ... ,.. ~ II"' ... II"' ... ... ... ... .. ... ... ... ... ,.. ~ II"' ... i"" ill II"' .. "" j. II"' ill c C) Current Conditions The original blighting conditions described previously, have been partially eliminated from the Central City Project Area. AJJ a result of Agency activities, the area is now characterized as the heart of downtown San Bernardino - a place that will hopefully be transformed by the end of the decade into a bustling government and retail center. The foundation for the growth of the area has been established by the implementation of many Agency sponsored projects. There are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditions include: . Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. . Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. . Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the Central City Project Area. . Existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development. . Depreciated values and impaired investments. . The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. . Lack of adequare, affordable, quality housing. . Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. . A high crime rate which constitutes a serious threat to public safety and welfare. 11 .. .. ,. ... ,. ... ,.. i. ,. , I. "" ... II" Ii. po , .. "" ... "" .. .. ... .. - .. ... ... ... II" .. lpo I. .. Ii. po ~ I'" .. c -, '-'" Five Year Program The Agency's principal goals and objectives for the Central City Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: . Creation of incentive programs for existing property owners to reinvest in their properties, including the utilization of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A). . Creation of viable housing options within the Central City Project Area that span a range of incomes, including housing for the homeless and formerly homeless. . Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. . Land acquisition for the creation of public facilities which serve both the immediate neighborhood and the community at large (such uses may include a sports facility and family recreational uses). . Enhancement of ceremonial streets which function as the focal points of their individual neighborhoods. . Continued preservation of historically significant structures. . Improvements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. . Continued participation in the enhancement of the public infrastructure system. . Acquisition and disposition of property to abate nuisance uses and provide for future development. Specific programs and potential projects and activities that are proposed for this time period are outlined below. However, many of the Agency's fmancial obligations for the next five (5) years are pre-existing contractual obligations which must first be met, prior to the addition of any new obligations. The Matrix shown in the following table summarizes these program/projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. A number of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previously. Whereas State law requires a 12 five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain financing for projects as well as the Agency's ability to maintain and increase its tax increment flow. IT Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is uulikely that projects listed below will be implemented completely. Note: The following table does not list agreemellts with affected taxing agencies i.e., pass-through paymellts or bond principal and illterest payments. ... r '-' ... ... ... "'" ... r' .. !'"' i.. ... ... -', -....I ~ Central City ProgramlProject Matrix Five Year Projections !'"' ... EXISTING OBUGATlONS ... $81,230 I. Scott Land Acquisition for Best ProductsfMarshall Plaza Development 2. Carousel Mall Conversion and Update 3. Cooperative Agreement $80,000 with Andreson Building for parking rights .. ... I.. $375,000 ... ... ... ... 4. J.F. Davidson Directional $99,200 Signage for Downtown area ,.. ... ,.. 5. Dektra Lite Maintenance $25,584 Agreement ... l'" .. .. ill 6. Maintenance of 5-level $300,000 Parking Structure adjacent to City offices "" ... "" III "" 1M Depreciated values and impaired investment Depreciated values and impaired investment Provide public improvements (parking) in the Downtown area which is inadequate. Inadequate circulation within the Central City Project Area, signage will address some circulation problems which will improve safety. Through the utilization of Dektra Lite, the Agency is able to provide beautification amenities through the use of decorative lighting for buildings in the Downtown area. Maintenance of this necessary public improvement - parking structure allows new development to occur. 13 ... c :) ill II" .. ... 7. Reimbursement of $575,000 Depreciated values and impaired Transient Occupancy Tax to investments. Radisson Hotel . 8. Central City Co. "J" $185,000 Provide catalyst for business occupancy, Building - Agency rental of remove blighted, under-utilized structure the building from Central City Project Area. 9. 3-1eve1 Parking Structure $48,000 Maintenance of this necessary public Maintenance (Carousel Mall) improvement (parlcing structure) allows new development to occur. 10. Andreson $55,000 Abnormally high vacancies and high Building/Central City tumover rates occur without Agency Company! City of San intervention providing financial assistance Bernardino Maintenance for maintenance. 11. Woolworth $35,000 Abnormally high vacancies and high Building/City of San turnover rates occur without Agency Bernardino Maintenance intervention providing financial assistance for maintenance. 12. Weed Abatement $15,000 Removal of visually blighting influence, throughout the Central City enhance area as a desirable location. Project Area on Agency- owned propelties 13. Fiscal Agent - Bond $75,000 Administrative expenditure allows for the monitoring facilitation of Central City Redevelopment Project activities (i.e. administration bond activities). 14. Carousel Mall Security $2,500,000 Elimination of criminal activity which constitutes a serious threat to the public safety and welfare. Enhance area as a desirable location. 15. 201 North "E" Building $600,000 Agency administrative building abnormally Operations and Maintenance high vacancies and turnover rates within the downtown area occur without Agency intervention providing financial assistance for maintenance. 16. Central City Parking $141,700 Allows for an economically viable use by Usage Fees providing adequate parking. ,.. i.. ,.. I.. /'" l. r ill II" Ii. !'" .. !'" i. ... .. ... ill ... .. ... ... .. .. ill !'" lit '"' ill ... 11II 14 ... .. I'" .. I'" i.. I'" I. I'" I. I'" .. ~ .. I'" Ii. '" .. !'" ... I'" .. I'" ... - ... - ... - .. I'" .. I'" ~ I'" II. I'" III I'" .. c ........ '--' 17. City Hall Refmancing $430,000 Pursuant to Section 33445 tax increment Credit Fee Letter may be used for this pmpose. Blight condition to be alleviated is the high degree of impaired investments and depreciated values. 18. 201 North "E" Building $100,000 Elimination of factors which substantially Renovations hinder the viable use of the building (i.e. substandard design). 19. Agency Legal services $300,000 Administrative expenditure allows for the facilitation of Central City Redevelopment Project activities. 20. Agency Consulting $160,000 Administrative expenditure allows for the Services facilitation of Central City Redevelopment Project activities. 21. Agency Professional $610,000 Administrative expenditure related to City Services including funding of reimbursables which allows for the Convention and Visitor's facilitation of Central City Redevelopment Bureau Project activities. 22. Agency Administration $2,143,000 Administrative expenditure allows for the facilitation of Central City Redevelopment Project activities (i.e. administration of OP A and DDA). Funding Sources TIle Agency has identified sources of funds for the programs and activities planned over the next five years in the Project Area. These funding sources include: . Sale of tax allocation bonds supported by tax increment revenues from the Project Area. It is important to note that most of the bond funds and tax increment for the Central City Project Area have been encumbered for existing expenses. . Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. The following Increment Projection Table indicates that the tax increment projections for the next five (5) years are negative, and that the Agency does not anticipate a surplus of tax increment revenue. The negative figures projected are the result of Agency obligations to set aside funds into the Low and Moderate Housing Fund, to service existing debt on previously issued bonds, and to meet existing contractual obligations. In accordance with 15 ... c """""1 V .. .. .. - previous Agency practices, transfer of funds from other project areas will be made to the Central City Project Area (as necessary) in order to address current obligations through legally available means. It should be noted that a variety of factors influence and affect the level of tax increment available for projects. Factors which may increase the amount of tax increment available for projects, include but are not limited to, improved property values within the project area, improved economic conditions, and public/private partnerships in which the Agency receives a return on its investment. ... ... .. ... .. Central City Net Increment Projections - .. .. .. ,.. 1994-1995 $2,515,677 $503,135 $3,883,034(2) $(1,870,492) 1995-1996 $2,566,000 $513 ,200 $4,107,409 $(2,054,609) 1996-1997 $2,617,300 $523,460 $4,122,944 $(2,029,104) 1997-1998 $2,670,000 $534,000 $4,137,604 $(2,00 1,604) 1998-1999 $2,723,000 $544,600 $4,150,924 $( I ,972,524) .. ,.. .. ... Iloo I"" .. (I) Includes debt service, pass-throughs, and existing contractual obligations. (2) Includes ERAF payment. (3) Deficit will be met through cash reserves, other income such as land sale, interest eamings, notes receivable, rent receivable and developer reimbursement. - .. ... .. ... .. ,.. III .. ... '" .. '" ... 16 "" .. I I I !I I I I I I I I I I I I I I I I n ..... CITY OF SAN BERNARDINO CENTRAL CITY PROJECTS REDEVELOPMENT PROJECT AREA Date r'\ , AA:l: ,~ ~ Ivi J "- .\- -.DE c:JC ...f ff H~ J,;- __ ._~ i ....J General Plan /Land Use l' Designations NORTli _ Commercial General ~. Commercial General' _ Service Commercial' I CCS-3 I Flood Conlrol' _ Commercial Heavy I CO (1-2) I Commercial Office _ Commercial Regional IL I Industrial Light (IJ<OPCRDIII Public Commercial Recreation _ PubllcFaclllly I PFC I Public Flood Control __ Residential Medium _ Residential Medium Heavy 'Central City South Plan Overlay Designation "" "" ... ill ,.. IIIIiI [ t II- IIIIiI ... III !'" .. "" .. II- "" "" .. I'" .. I "" ... I'" I., I'" , III I'" III "" .. "" "" "" IIIIiI r'" '- /'...... \".,.,i B. STATE COLLEGE PROJECT TIle State College Redevelopment Project Area was adopted by the Mayor and Common Council/Community Development Conunission on April 27, 1970, TIle State College Redevelopment Project Area, which consists of 1,800 acres, is located in the northwest section of the City and bisects the Interstate 215 Freeway. TIle State College Project Area's main land uses include single fanilly and multi-fanilly residential, open space, recreational, commercial, industrial, and the campus of California State University, San Bernardino. Original Blighting Conditions TIle primary blighting influences at the time of plan adoption for the State College Project Area are described briefly in the paragraphs below, and can be summarized as follows: . Age, deterioration, and dilapidation of structures. . Mixed character and shifting of uses. . Defective design and physical construction. . The laying out of lots in disregard for the physical character of the ground and surrounding conditions. . Depreciated values and impaired investments. . The existence of lots of irregular form and inadequate size. . The existence of inadequate public improvements. At the time of plan adoption, properties within the State College Project Area were improved, or partially improved with a mixture of commercial, industrial, and residential uses, as well as various public/quasi-public and open space sites. Conditions such as dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, undevelopable residual parcels resulting from county flood control and State hig\1way construction, and a prevalence of impaired investments and economic maladjustments had led to a reduction of, or lack of, proper utilization of the area to such an extent that it constituted a serious economic burden on the community 18 - c .....'.."" ... "-'" '"" I"" .. Economic conditions in the State College Project Area are characterized by three factors: 1) business migration out of the State College Project Area; 2) commercial vacancy factors; and 3) impaired investments. Specifically, much of the State College Project Area is hilly, causing site improvements to be rather expensive, therefore, placing the cost of housing in a prohibitive bracket. Social blight is characterized by worsening historical and current demographic trenus and conditions, which show increases in crime, transiency, and general social maladjustment. - I"" .. "'" l1li Specific blighting conditions within the State College Project Area are related to dilapidated building conditions, deteriorating property condition, lack of seismic and structural reinforcement, buildings without fire sprinklers, existence of asbestos, exposure to noise, lack of access for the clisabled, building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the State College Project Area. .. ... ... l1li l1li Economic Blight within the State College Project Area is evidenced by a steady decline in many of the economic indicators including assessed land values, business relocations outside of the project area, employment, retail sales, household income and public expenditmes. As previously indicated, the terrain of the State College Project Area makes the development of many sites fmancially unfeasible. 10 many instances, Agency assistance and involvement is necessary in order to make a development project viable. Other economic indicators show that the market is depressed and that the feasibility of rehabilitation of many of the older and dilapidated structures is very poor. ... ... Iloo "" l1li ... Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the State College Project Area to implement commercial projects as well as supporting the development of very low, low, and moderate income housing. The utilization of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A) has proven to be a very important tool in encouraging development. Despite these efforts, many of the blighting conditions listed above remain. "" l1li l1li ... .. il. These conditions of blight and the subsequent under productivity of the State College Project Area have placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. ... "" il. Reasons for the Selection of the Project Area I'" I .. The selection of the boundaries of the State College Project Area was originally guided by 1) the California Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: I0Il IiIlI '" IIlI 19 '" III l'" III c ~ ~ l'" .. . Eliminate the conditions of blight existing in the State College Project Area, including the removal of structurally substandard buildings. l'" i .. . Ensure, as far as possible, that the causes of blighting conditions in the State College Project Area will be either eliminated or protected against. l'" i. . Provide participation for owners and business tenants in the State College Project Area. ... lor . Encourage and ensure the redevelopment of the State College Project Area. ... . Encourage and foster the economic revitalization of the State College Project Area. .. l'" III . hnprove the public facilities in the State College Project Area to provide safer and more efficient public services. ... . Encourage the provision of a substantial number of housing units of low or moderate cost on land to be disposed of for residential purposes. iI. l'" ... Agency Activities lor As identified in the Report to the City Council for the State College Project Area, there were detrimental physical, social, and economic conditions that were negatively impacting this section of San Bernardino at the time of plan adoption. In the State College Redevelopment Plan, the Agency had proposed to alleviate these conditions by initiating a comprehensive progran1 of public improvements and by providing a variety of development incentives that was intended to stimulate new development and rehabilitation activities in the State College Project Area. r- III ... ... ... 111is section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. .. .. Since plan adoption, the Redevelopment Agency of the City of San Bernardino has initiated a number of projects in the State College Project Area. The following is a list of major projects and activities completed in the State College Project Area within the past five (5) years: ... ... ... III . Financial assistance to The Sun Newspaper production facility. ... ... . Assistance to the Ramada Inn. l'" ill . Construction of the Watson Medical Laboratories through a $250,000 gap loan. ,. i. 20 ,. j . ,.. .. c .,,~, -...,I ,.. ... ... . As part of the University Parkway Agreement, completed landscaping of one acre park site, and transferred it to the City. ... . Provided funding for the relocation of an electrical transmission tower by Edison to allow for widening of Kendall Drive. .. ... . Construction funding for 48th and Kendall Drive storm drain. ... ... . Assisted in the relocation of Shearson Lehman from Highland Avenue to a 102,000 square foot building, creating an additional 250 jobs. ... .. . Relocation of Chambers Cable to a 30,000 square foot building. - . Grant and Loan for the University Village Shopping Center. ... . Hallmark Parkway Building - Tenant Improvements. ... .. . Financial Assistance to ARCa AM/PM. ... . State College Industrial Condominiums financial assistance. - po .. . Development of Stater Bros/Shandin Hills Neighborhood Conunercial Center (Agency assistance to developer). .. . Emblem Development Financing. ... . Assisted in the location of Cumberland Company to a 65,000 square foot building creating 200 jobs. ... .. Current Conditions ... loll TIre original blighting conditions described previously, have been partially elinlinated from the State College Project Area. As a result of Agency activities, the area is now characterized by the development of several new business parks which serve as a magnet to induce further housing development and retail commercial development. There are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditions include: ... ... ... .. . Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other sinillar factors. ... l. ... " .. ,. 21 III "" ~ ... III .. .. ,.. ... ,.. ... ,.. ... .. i. ... ! iIIIl ,.. .. ,.. .. ... ioo ... .. .".. III .. Il. po ... ... ... r III ... ... ,.. ... ,.. . c ........, " .....J . Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. . Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the State College Project Area. . Existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development. . Depreciated values and impaired investments. . Lack of adequare, affordable, quality housing. . Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. . A high crime rate which constitutes a serious threat to public safety and welfare. Five Year Program The Agency's principal goals and objectives for the State College Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: . Creation of incentive programs for existing property owners to reinvest in their properties including the use of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A) whenever feasible. . Creation of viable housing options within the State College Project Area that span a range of incomes, including housing for the homeless and fonnerly homeless and quality housing for young families. . Land acquisition for the creation of public facilities which serve both the immediate neighborhood and the community at large. 22 .. c .:) .. .. .. . Improvements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. .. 100 . Continued participation in the enhancement of the public infrastructure system. ... II. . Acquisition and disposition of property to abate nuisance uses and provide for future development. .. .. Specific programs and potential projects and activities that are proposed for this time period are outlined below. However, many of the Agency's fmancial obligations for the next five (5) years are pre-existing contractual obligations which must first be met, prior to the addition of any new obligations. The Matrix shown in the following table summarizes these program/pro jects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presellted for each activity. II. .. ,.. II. ... A nwnber of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previonsly. Whereas State law requires a five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain financing for projects as well as the Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is unlikely that projects listed below will be implemented completely. Note: The following table does not list pass-through paymellts or bond principal and illterest paymellts. ,.. ioo ... 100 .. ,.. .. .. ... State College ProgramlProject Matrix Five Year Projections ... III 'il[illilll~t'I..tJIJill'llil_~, ... EXISTING OBUGATIONS ioo .. 1. Shandin Hills Golf Course $50,000 Water Usage Elintination of a factor (high water usage) which would otllerwise substantially hinder the economically viable use of the site. 100 "'" 2. Stater Bros. - Developer $900,000 Reimbursement for shopping center development Lack of investment and reinvestment in the State College Project Area; depreciated values and impaired investments. .. ,.. .. ,.. .. 23 "" l. "" - ,.. , .. "" ... r .. "" ; ... .. .. !"" Il. "" I. "" ; .. l"" i. ,.. .. r' ... ... .. ... .. ... - ,. - ,. .. ,. II "" III c :) 3. Fiscal Agent- Bond $75,000 Administrative expenditure allows for the Monitoring facilitation of State College Redevelopment Project activities (i.e. administration of OP A and DDA). 4. University Village Shopping $600,000 Lack of investment and reinvestment in the Center - Developer assistance State College Project Area; depreciated for on-site improvements values and impaired investments. 5. Maintenance of Agency $100,000 Vacancies occur without Agency owned property located at intervention. 5055 Hallmark 6. Weed Abatement $10,000 Removal of visually blighting influences, throughout the State College enhance area as a desirable location. Project Area 7. Tree Trimming throughout $300,000 Removal of visually blighting influences, the State College Project Area enhance area as a desirable location. 8. Agency Legal Services $200,000 Administrative expenditure allows for the facilitation of State College Redevelopment Project activities (i.e. administration of OP A and DDA). 9. Agency COllSulting Services $65,000 Administrative expenditure allows for the facilitation of State College Redevelopment Project activities (i.e. administration of OP A and DDA). 10. Agency Professional $450,000 Administrative expenditure related to City Services reimbursables which allows for the facilitation of State College Redevelopment Project activities (i.e. administration of OP A and DDA). II. Agency Administration $1,560,000 Administrative expenditure allows for the facilitation of State College Redevelopment Project activities (i.e. administration of OP A and DDA). 12. 40th Street Revitalization $44,608 Lack of investment, depreciated values and Architectural Fees impaired investments. 24 - c o ... ... .. Funding Sources ... The Agency has identified SOUlCes of funds for the programs and activities planned over the next five years in the Project Area. These funding sources include: .. ... . Sale of tax allocation bonds supported by tax increment revenues from the Project Area. It is important to note that most of the State College Project Area bond funds have be encumbered for pre-existing expenses. ... ... ... . Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. ... .. ,.. ... The following Increment Projection Table indicates that the tax increment projections for the next five (5) years are conservative and total $1,471,092 for the five (5) year period. The category of "Allocations" includes obligations to set aside funds into the Low and Moderate Housing Fund, service existing debt on previously issued bonds, and meet existing contractual obligations. In accordance with previous Agency practices, transfers to other project areas from the State College Project Area will be made in order to address tax increment shortages for the other project areas. It should be noted that a variety of factors influence and affect the level of tax increment available for projects. Factors which may increase the amount of tax increment available for projects, include but are not limited to, improved property values within the project area, improved economic conditions, and public/private partnerships in which the Agency receives a return on its investment. ... III .. .. I'" .. ... State College Net Increment Projections .. I'" l. ". 1994-1995 $5,374,393 $1,074,878 $4,235,756 (2) $63,759 1995-1996 $5,481,881 $1,096,376 $4,158,336 $227,169 1996-1997 $5,591,519 $1,1l8,304 $4,168,411 $304,804 1997-1998 $5,703,349 $1,140,670 $4,166,676 $396,003 1998-1999 $5,817,416 $1,163,483 $4,174,576 $479,357 (I) hlcludes debt service and existing contractual obligations. (2) Includes ERAF payment ~ ... ... ... .. ... II. ,. l. I"' II. 25 ,.. , ... I I I I I I I I I I I I I I I I I I I ~ '"' ... f'I ~ CITY OF SAN BERNARDINO STATE COLLEGE REDEVELOPMENT PROJECT AREA Date PART A .... ~ "flof ,~ -!:J General Plan ILand Use 1"- Designations NORTH __ Commercial General 1 CO (1.2) Commercial Office I IL Industrial Light I OIP Office Industrial Park I PCR Public Commercial Recreation I PFC Public Flood Control 1 PP Public Park __ Residential Medium 1 RS 1 Residential Suburban IUBP 11.311 University Business Park SP' . Refer to Universfty Business Park Specific Plan f"\ - ^ - 1 I I 'I I ~ , I I I I I I I I I I I I I I I n ~ CITY OF SAN BERNARDINO STATE COLLEGE REDEVELOPMENT PROJECT AREA Date PART B f j:1C- General Plan /Land Use 'T' Designations NORTH Il. d r __ Commercial General I CO (1-2) I Commercial Office ... Public Facility I PFC j Public Flood Control I PP I Public Park I RL ~ Residential Low t-RMIIIIiil Residential Medium _ Resldenllal Medium Heavy I RS I Resldenllal Suburban 1IRi!i1'/il!l211l\ Resldenllal Urban , o~ 01 01 N! ... .. ... .. . ,. .. ~t I'" I .. II" II. ,.. 1 .. ... ... ... .. r r ... ... .. ,.. ... ,.. ... r- .. ... i. - 1M III" 1M - . - ... c -, J C. CENTRAL CITY NORTH PROJECT The Central City North Project area was adopted by the Mayor and Common Council/Community Development Commission on August 6, 1973, and is generally located within the northern portion ofthe downtown area. The 278 acre project area contains a mixture of retail, commercial, and residential uses. The new Central Police Facility (currently under construction) is located within the project area. Other major uses within the project area included The Sun Newspaper, the main branch of the library, and two large scale senior citizen housing facilities. Original Blighting Conditions The primary blighting influences at the time of plan adoption for the Central City North Project Area are described briefly in the paragraphs below, and can be sununarized as follows: . Age, deterioration, and dilapidation of structures. . Mixed character and shifting of uses. . Defective design and physical construction. . The laying out of lots in disregard for the physical character of the ground and surrounding conditions. . Depreciated values and impaired investments. . The existence of lots of irregular form and inadequate size. . The existence of inadequate public improvements. At the time of plan adoption, properties within the Central City North Project Area were improved, or partially improved with a mixture of commercial, industrial, and residential uses, as well as various public/quasi-public and open space sites. Conditions such as dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, undevelopable residual parcels resulting from street construction, and a prevalence of impaired investruents and economic maladjustments had led to a reduction of, or lack of, proper utilization of the area to such an extent that it constituted a serious economic burden on the community. Many of the residential structures were developed at the turn of the century and are rapidly deteriorating. 28 ,- I. ''" I. . '"' I. , I: ,- 1111 ,.. 1111 I. I.. ,.. i I. ,- ,. f !- 1l1li ,- ,. .. ,.. - - ... ,.,. .. ,.,. '"' iIIII '"' l1li '"' ... '"' .. ........'" l.- :) Economic conditions in the Central City North Project Area are characterized by three factors: 1) business migration out of Central City North Project Area; 2) commercial vacancy factors; and 3) impaired investments. Social blight is characterized by demographic trends and conditions, which show increases in crime, transiency, and general social maladjusbnent. Specific blighting conditions within the Central City North Project Area are related to building conditions, property condition, seismic and structural reinforcement, buildings without fire sprinklers, existence of asbestos, exposure to noise,lack of access for the disabled, building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the Central City North Project Area. Economic Blight within the Central City North Project Area is evidenced by many economic indicators including declining assessed land values, reduction in new business fonnations, business relocations out of the project area, rising unemployment figures, declining retail sales, and a reduction in household income and public expenditures. Other economic indicators show that the market is depressed and that the feasibility of rehabilitation of many of the older and dilapidated structures is very poor. Conditions of severe social blight are also prevalent within the Central City North Project Area. Specific rising indicators of population, economic status, housing, crime and transiency combine to show that social blight pervades the Central City North Project Area. On average, Central City North Project Area residents earn considerably less than residents outside the Project Area. Crime, transiency, mental health problems, and alcohol and drug addiction are far more prevalent within the Central City North Project Area than in the rest of the region. Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the Central City North Project Area to implement commercial projects as well as supporting the development of very low, low, and moderate income housing. In many instances, the Agency has utilized Disposition and Development Agreements (DDA) and Owner Pariticipation Agreements (OPA) to support developments efforts within the Central City North Project Area. Despite these efforts, many of the blighting conditions listed above remain. These conditions of blight and the subsequent under productivity of the Central City North Project Area have placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. 29 .- o :) i. .- i. Reasons for the Selection of the Project Area ,- TIle selection of the boundaries of the Central City North Project Area was originally guided by 1) the California Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: I. ,- I.. . Eliminate the conditions of blight existing in the Central City North Project Area. .- I.. . Ensure, as far as possible, that the causes of blighting conditions in the Central City North Project Area will be either eliminated or alleivated. ,- I.. . Provide participation for owners and business tenants in the Central City North Project Area. ,.. I.. . Encourage and ensure the redevelopment of the Central City North Project Area. ,- . Encourage and foster the economic revitalization of the Central City North Project Area. I.. ,... . Improve the public facilities in the Central City North Project Area to provide safer and more efficient public services. 1- I'" . Ensure the removal of buildings that are not economically feasible to rehabilitate. ,.. ,... Agency Activities ,- ... As identified in the Report to the City Council for the Central City North Project Area, there were detrimental physical, social, and economic conditions that were negatively inlpacting this section of San Bernardino at the time of plan adoption. The Agency had proposed to alleviate these conditions by undertaking a comprehensive progranl of public improvements and by providing a variety of development incentives that were intended to stimulate new development and rehabilitation activities in the Central City North Project Area. '... '.. ... ... ... This section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. ,.. .. "" .. Since plan adoption, the Redevelopment Agency of the City of San Bemardino has initiated a number of projects in the Central City North Project Area. The following is a list of major projects and activities completed in the Project Area within the past five (5) years: "" .. ,.. 30 .. l1'l'i .. ,- .. ,- I. ,.. .. ,.. I.. ,. I.. ,.. I.. ,. I.. ,.. I.. ,.. I.. ,.. I.. ,- ,- ,- '" ,- ,.. ,- ,. ,.. ,. '.. ,. '.. ,. ',", ,. .. . - c o . Assisted in the closure of several downtown motels and financed the relocation of the residents. . Financial Assistance for the Mexican Consulate Relocation. . Gas Company Building Reuse - Loan to Developer. . Fifth and "E" and Fourth and "E" Parlcing Lot Construction. . Preservation and rehabilitation of the Miles House. . County Law Library Retention - Financial Assistance for absestos abatement. . Acquisition and Demolition of the Platt Building and Ritz Theatre. . Police Headquarters Acquisition for the future development of the Superblock. Acquisition of the California Theater Building. . Developed landscaping program for government-owned parcels in the Downtown area. . Assistance to many businesses through the Main Street Facade Assistance Program. . Installation of the Main Street - Streetscape Program. . Acquisition of Valley Auto Supply. . Acquisition of property for the construction of the Central Police Facility (currently under construction). . "E" Street diagonal parking (Agency funded construction). . Agency acquisition of site on the northwest comer of Fifth and "E" Street. Current Conditions The original blighting conditions described previously, have been partially eliminated from the Central City North Project Area. As a result of Agency activities, the area is now characterized by aggressive and active development of the downtown core. Specifically, the Agency has been instrumental in securing the development of the State Office building and the Caltrans building. Through the use City Center Plan, theAgency is implementing 31 'III I_ ,.. I_ '"' i. '"' lilt ,- I. '"' i. ,. 1- ,- I.. ,. ~ ... 1- , 1- ,. ,. ,- I. ,. ,. ~, ,. ,. ,. ,. ,. ~ l'" , ~ l'" l.o ,. .. c o plans that will dranlatically improve the City's downtown core. There are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditions include: . Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other sin1ilar factors. . Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and matket conditions, lack of patking, or other similar factors. . Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the Central City North Project Area. . Existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development. . Depreciated values and impaired investments. . The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. . Lack of adequare, affordable, quality housing. . Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. . A high crime rate which constitutes a serious threat to public safety and welfare. Five Year Program TIle Agency's principal goals and objectives for the Central City North Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: 32 '" lIII ,.. .. ... .. ,.. .. ... lIII ... lIII ... .. ... lIII ... lIII ... .. ... .. - .. - .. - .. ... lIII '" 11II ,. lIII ,. III '"' 'j III c o . Creation of incentive programs for existing property owners to reinvest in their properties including the utilization of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OPA).. . Creation of viable housing options within the Central City North Project Area that span a range of incomes, including housing for the homeless and fonnedy homeless. . Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. . Land acquisition for the creation of public facilities which serve both the inunediate neighborhood and the community at large. . Enhancement of ceremonial streets which function as the focal points of their individual neighbodloods. . Continued preservation of historically significant structures. . hnprovements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. . Continued participation in the enhancement of the public infrastructure system. . Acquisition and disposition of property to abate nuisance uses and provide for future development. Specific progranls and potential projects and activities that are proposed for this time period are outlined below. However, many of the Agency's fmancial obligations for the next five (5) years are pre-exisiting contractual obligations which must first be met, prior to tlle addition of any new obligations. The Matrix shown in the following table summarizes these program/projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. A number of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previously. Whereas State law requires a five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects will be greatly influenced by the recession and the ability of tlte private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain financing for projects as well as tlte Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is unlikely that projects 33 ... c .. ... o .. listed below will be implemented completely. Note: The following table does not list pass-through payments or bond principal and interest payments. .. ... .. Central City North ProgramlProject Matrix Five Year Projections - .. .. EXISTING OBLIGATIONS .. ... 1. Fiscal Agent - Bond Monitoring $30,000 ... .. "" ... 2. Main Street Business Retention Program $200,000 .. .. 3. Main Street Facade Grant Program $200,000 "" ... ... .. 4. Main Street Banners for the $35,000 Downtown area .. .. .. 5. Main Street Promotional Marketing and Advertising $283,650 ... .. - .. - ... .. "" ~ !'" ~ "" ... Administrative expenditure allows for the facilitation of Central City North Redevelopment Project activities (i.e. administration of OP A and DDA). Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots. Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots. Through the utilization of banners, the Agency is able to provide beautification amenities in the Downtown area, which serve as a catalyst to attract customers. Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots. 34 .-+- .. c ,....." v ... - .. .. 6. Main Street Sponsored $342,500 Activities serve as a catalyst to attract people Events: to the Downtown area, thereby eliminating - Chili Cook Off abnormally high business vacancies, - Shakespeare Festival abnormally low lease rates, high turnover - Christmas Lighting rates, abandoned buildings, or excessive - Carnibizarnival vacant lots. - Spons Cultural Events - Friday Night Concerts - Music Festival - Other Miscellaneous Events 7. Main Street Co-Sponsored $25,000 Activities serve as a catalyst to attract people Events: to the Downtown area, thereby eliminating - Grapes and Gounnet abnormally high business vacancies, - July Fourth abnormally low lease rates, high turnover - Red Ribbon rates, abandoned buildings, or excessive - Food/Wine(Jazz vacant lots. - Other Miscellaneous Events 8. Main Street Program $55,000 Activities serve as a catalyst to attract people Sponsorship - provide to the Downtown area, thereby eliminating fmancial assistance to abnormally high business vacancies, activities in the Downtown abnormally low lease rates, high turnover area rates, abandoned buildings, or excessive vacant lots. 9. Main Street Administration $1,197,000 Administrative expenditure allows for the facilitation of Central City North Redevelopment Project activities. 10. Public Parking Lot $25,000 Allows for an economically viable use by Maintenance providing adequate parking. 11. Weed Abatement $10,000 Removal of visually blighting influences, throughout the Central City enhance area as a desirable location. North Project on Agency- owned property. 12. Maintenance of Agency $350,000 Removal of visually blighting influences, owned Pacific Federal Bank enhance area as a desirable location. Building (Security) .. - .. - ... ... ... ... III JIll ill ... .. ,. .. .. t 'iIII ... .. ... ~ ... ~ ... ... ... III ... ... .. III 35 JIll III .. c o ... ... ,.. .. 13. Agency Legal Services $225,000 Administrative expenditure allows for the facilitation of Central City North Redevelopment Project activities. 14. Agency Consulting $100,000 Administrative expenditure allows for the Services facilitation of Central City North Redevelopment Project activities. 15. Agency Professional $590,000 Administrative expenditure allows related to Services City reimbursables which for the facilitation of Central City North Redevelopment Project activities (Le. administration of OP A and DDA). 16. Operational and $550,000 Removal ofvisually blighting influences, Maintenance Expenses for enhance area as a desirable location. Also Sturges Auditorium allows for a economically viable use of the building. 17. Agency Administration $1,786,500 Administrative expenditure allows for the facilitation of Central City North Redevelopment Project activities (Le. administration of OP A and DDA). .. ,.. .. ,.. i. ,.. .. l'" III l'" ... r ill ,.. ... Funding Sources ... .. The Agency has identified sources of funds for the programs and activities planned over the next five years in the Project Area. These funding sources include: ... .. . Sale of tax allocation bonds supported by tax increment revenues from the Central City North Project Area. It is important to note that most of the Central City North Project Area bond funds have been encumbered for existing expenses. ... ... . Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. ... .. ,.. .. The following Increment Projection Table indicates that the tax increment projections less obligations for the next five (5) years are negative and that the Agency does not anticipate a surplus of tax increment revenue. The negative figures projected are the result of Agency obligations to set aside funds into the Low and Moderate Housing Fund, to service existing debt on previously issued bonds, and to meet existing contractual obligations. In accordance with previous Agency practices, transfers from other project areas will be made to the Central City North Project Area in order to address current obligations. ,.. ill ... .. ... 36 ill .. .. , -,- ,. c o .. ,. .. Central City North Net Increment Projections ... .. "" .. ,. .. 1994-1995 $980,113 $196,023 $2,186,139(2) $( 1,402,049) 1995-1996 $999,715 $199,943 $2,191,332 $0,391,560) 1996-1997 $1,019,710 $203,942 $2,204,805 $(1,389,037) 1997-1998 $1,040,104 $208,021 $2,425,435 $(1,593,352) 1998-1999 $1,060,906 $212,181 $2,233,105 $(1,384,380) ,. .. II'" II. (I ) Includes debt service and existing contractual obligations. II'" (2) Includes ERAF payment. .. (3) Deficit will be met through cash reserves, other income such as land sale, interest earnings, notes receivable, rent receivable, and developer reimbursement. ... .. ... .. ... .. ... .. "" .. ... .. .. .. ,... .. .. .. ... 37 .. II" .. I ~ I I I I I I I I I I I II II II II II I I - n CITY OF SAN BERNARDINO CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA 0"'-'V' I T Q o JD .: ~D j[]DO 51 I c:J. - - -- -"" j AllWAY YAROS V "',........---...-- CENTRAl v~, ell Y .., V - ...- JlL: "~-o ~ ]=~~'4' ~~ 1~ GCq;, l : t,R - [J ..c~- n General Plan ILand Use Designations l' NORTH I CO (1.2) , Commercial Office __ Commercial General _ Commercial Regional ...-,1 Public Facility 1-1il14l!!!!l1 Residential Medium ~ Residential Medium Heavy ... ... II" ioo D. ... III ... ... II" I. !"" .. !" III ... .. ... III r- Ii. .. ... .. ... - ... I .. Ii. ... ill ... ill ... ill ... ill ... iii c .-"" v SOUTHEAST INDUSTRIAL PARK PROJECT The Southeast Industrial Parle: Redevelopment Project Area was adopted by the Mayor and Common Council/Community Development Commission on June 21, 1975. The Southeast Industrial Park Redevelopment Project Area is located in the southeast section of the City and is 870 acres. The Southeast Industrial Park Project Area is divided into two sections with the western portion zoned primarily for commercial and professional office development, and the eastern area is zoned for light industrial. The 520 acre western portion is adjacent to the Interstate 10 and Interstate 215 freeway interchanges. The 350 acre eastern industrial section has both Interstate 10 Freeway and rail access. Original Blighting Conditions The primary blighting influences at the time of plan adoption for the Southeast Industrial Park Project Area are described briefly in the paragraphs below, and can be summarized as follows: . Age, deterioration, and dilapidation of structures. . Mixed character and shifting of uses. . Defective design and physical construction. . The laying out of lots in disregard for the physical character of the ground and surrounding conditions. . Depreciated values and impaired investments. . The existence of lots of irregular form and inadequate size. . The existence of inadequate public improvements. At the time of plan adoption, properties within the Southeast Industrial Park Project Area were improved, or partially improved with a mixture of commercial, industrial, and residential uses, as well as various public/quasi-public and open space sites. Conditions such as dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, undevelopable residual parcels resulting from county flood control and State highway construction, and a prevalence of impaired investments and economic maladjustments had led to a reduction of, or lack of, proper utilization of the area to such an extent that it constituted a serious economic burden on the community. 39 ... c ,:) - ... III Economic conditions in the Southeast Industrial Park Project Area are characterized by three factors: 1) impaired investments, and 2) commercial vacancy factors. Social blight is characterized by trends and conditions, which indicate increases in crime, transiency, and general social maladjustment. I!'" .. III .. Specific blighting conditions within the Southeast Industrial Park Project Area are related to deteriorating building conditions, dismal property condition, seismic and structural reinforcement deficiencies, buildings without fire sprinklers, existence of asbestos, exposure to noise, lack of access for the disabled, severe building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the Southeast Industrial Park Project Area. III ill ~ iii. "" I. Economic Blight within the Southeast Industrial Project Area is evidenced by a steady decline in many of the economic indicators including assessed land values, business formations, business relocations, employment, retail sales, household income and public expenditures. Other economic indicators show that the market is depressed and that the feasibility of rehabilitation of many of the older and dilapidated structures is very poor. "'1 III .. IlIi ... Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the Southeast Industrial Park Project Area to implement commercial projects through the use of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OPA). Despite these efforts, many of the blighting conditions listed above remain. ." 1.1 ... ... These conditions of blight and the subsequent under productivity of the Southeast Industrial Park Project Area have placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. .. .... .... Reasons for the Selection of the Project Area ... The selection of the boundaries of the Southeast Industrial Park Project Area was originally guided by 1) the California Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: loll ",. ... . Eliminate the conditions of blight existing in the Southeast Industrial Park Project Area. .... ... . Ensure, as far as possible, that the causes of blighting conditions in the Southeast Industrial Project Area will be either eliminated or protected against. ",. ill ... ... 40 II' .. ... c o lIII, ...' lIII' . Provide participation for owners and business tenants in the Southeast Industrial Project Area. ..., ., . Encourage and ensure the redevelopment of the Southeast Industrial Park Project Area by both private and public enterprise. "" . . Encourage and foster the economic revitalization of the Southeast Industrial Park Project Area. """ .. . hnprove the public facilities in the Southeast Industrial Park Project Area to provide safer and more efficient public services. II" 11Io ... Agency Activities io. As identified in the Report to the City Council for the Southeast Industrial Park Project Area, there were detrimental physical, social, and economic conditions that were negatively impacting this section of San Bernardino at the time of plan adoption. The Agency had proposed to alleviate these conditions by undertaking a comprehensive program of public improvements and by providing a variety of development incentives that was intended to stimulate new development and rehabilitation activities in the Southeast Industrial Park Project Area. l'" IiIIl ... ... ... ... This section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. "" l.. ... Since plan adoption, the Redevelopment Agency for the City of San Bernardino has initiated a number of projects in the Southeast Industrial Park Project Area. The following is a list of major projects and activities completed in the Project Area within the past five (5) years: ... ... ... San Bernardino Auto Plaza Retention and Expansion (fmancial assistance) ... . San Bernardino Auto Plaza installation of electronic reader board sign .. . Automated Health Systems Laundry Expansion technical assistance !"" 110 . Center Chevrolet Business Expansion and Remodel Ii'" .. . Lucky Farms Expansion - Small Business Loan ,.. 110 . Daniel Radiator retention - 30 jobs saved ... 41 III II" IiIl ,.. i0oi ... ... ~ II. III" iIIIl 'I'" ilII ... .. III" .. III" .. ... .. II" .. ... .. .. III ... .. ... ilII ... ilII "" .. ,. l. "" II lII' II c o . Construction of the "E" Street Bridge Expansion . In cooperation with Chuck King issued partial certificates of completion for 86,000 square feet of industrial buildings. . B & M Properties Owner Participation Agreement - completed a 69,000 square foot retail center at the Auto Plaza. . Relocation of Inland Beverage Distributors . Provide Fenster & Fenster with technical assistance for new 30,000 square foot office building . J.P. Technologies, Inc., Relocation Assistance . Sunset Business Park Loan for Public Improvements - Owner Participation Agreement . Rockwell International Corporation Financial Assistance - development of 44,000 square foot office/manufacturing facility . Harmon Auto Center Technical Assistance . Chuck Obershaw Toyota Relocation to the San Bernardino Auto Center . Riverview Development Partners - Funding for Off-site Improvements . Comfort Inn Motel - Funding for Off-site Improvements . Truck-O-Mat Truck Wash Property Re-Use - Agency Assistance for Property Purchase and Toxic Clean-up . Hospitality Lane Security District . Freeway Home Center fmancial and technical assistance. Current Conditions The original blighting conditions described previously, have been partially eliminated from the Southeast Industrial Park Project Area. As a result of Agency activities, the area is now characterized by many successful light industrial businesses. Additionally, the Southeast Industrial Park Project Area offers an eclectic mix of professional office complexes, restaurants, hotels, and movie complexes. hI particular, Hospitality Lane, a 42 .. ... .. ~ .. , l. "" Ii. .. io. .. I.. I"" iI. "'" .. !"" .. r i.. .. ... .. .. .. ... .. .. .. .. !"" .. .. III ... .. .. Ii. c o main thoroughfare is known for its ability to attract many businesses. There are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditions include: . Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. . Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. . Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the Southeast Industrial Park Project Area. . Existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development. . Depreciated values and impaired investments. The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. . Lack of adequare, affordable, quality housing. . Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. . A high crime rate which constitutes a serious threat to public safety and welfare. Five Year Program The Agency's principal goals and objectives for the Southeast Industrial Park Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: . Creation of incentive programs for existing property owners to reinvest in their properties through the utilization of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A). . Creation of viable housing options within the Southeast Industrial Park Project 43 .... c o iIII .... io. Area that span a range of incomes, including housing for the homeless and formerly homeless. .... .. . Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. .. .. . Land acquisition for the creation of public facilities which serve both the inunediate neighborhood and the community at large. .... ... . hnprovements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. .. 1M . Continued participation in the enhancement of the public infrastructure system. .... .. . Acquisition and disposition of property to abate nuisance uses and provide for future development. - ... - Specific programs and potential projects and activities that are proposed for this time period are outlined below. However, many of the Agency's fmancial obligations for the next five (5) years are pre-existing contgractual obligations which must first be met, prior to the addition of any new obligations. The Matrix shown in the following table summarizes these program/projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. .... .. .. .. A number of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previously. Whereas State law requires a five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain financing for projects as well as the Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is uulikely that projects listed below will be implemented completely. Note: The following table does not list pass-through payments or bond principal and imerest paymems. - .. - .. - - ... - ... ... .. ... 1M I'" ... 44 "" IiII .. c ill "" .. :) Southeast Industrial Park Program/Project Matrix Five Year Projections "" i.. ... ... EXISTING OBUGATIONS "" 1. Center Chevrolet Sales Tax $142,855 Reimbursement Assistance .. "" i. 2. Weed Abatement $5,000 throughout the Southeast Industrial Park Project Area on Agency-owned properties. .... .. "" , 3. Employment Linkage $12,000 Assistance to Lucky Farms Iill "" .. ... ... 4. Fiscal Agent - Bond Monitoring $20,000 .. .. ... 5. Agency Legal Services $200,000 .. .... .. 6. Agency Consulting Services $65,000 .... 10II "" .. $500,000 7. Agency Professional Services "" ill .. .. ... iIII .. , .. Depreciated values and impaired investments. Lack of investment and reinvestment in theSoutheast Industrial Park Project Area. Removal of visually blighting influences, enhance area as a desirable location. Lack of investment and reinvestment in the Southeast Industrial Park Project Area; depreciated values and impaired investments which are alleviated with Agency assistnance. Administrative expenditure allows for the facilitation of Southeast Industrial Park Redevelopment Project activities (i.e. administration of OP A and DDA). Administrative expenditure allows for the facilitation of Southeast Industrial Park Redevelopment Project activities (i.e. administration of OP A and DDA). Administrative expenditure allows for the facilitation of Southeast Industrial Park Redevelopment Project activities (i.e. administration of OP A and DDA). Administrative expenditure allows for the facilitation of Southeast Industrial Park Redevelopment Project activities (i.e. administration ofOPA and DDA). 45 - c .:) .. ... .. 8. Agency Administration $1,560,000 Administrative expenditure allows for the facilitation of Southeast Industrial Park Redevelopment Project activities (i.e. administration ofOPA and DDA). ... .. '"' .. Funding Sources '"' a. The Agency has identified sources of funds for the programs and activities planned over the next five years in the Southeast Industrial Park Project Area. These funding sources include: ... .. . Sale of tax allocation bonds supported by tax increment revenues from the Project Area. It is important to note that most of the Southeast Industrial Park Project Area bond funds have been encumbered for expenses previously incurred. "" .. ... .. . Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. ... ... The following Increment Projection Table indicates that the tax increment projections for the next five (5) years are conservative and total $123,115 for the five (5) year period. The category of "Allocations" includes obligations to set aside funds into the Low and Moderate Housing Fund, service existing debt on previously issued bonds, and meet existing contractual obligations. In accordance with previous Agency practices, transfers to other project areas from Southeast Industrial Park Project Area will be made in order to address tax increment shortages for the other project areas. It should be noted that a variety of factors influence and affect the level of tax increment available for projects. Factors which may increase the amount of tax increment available for projects, include but are not limited to, improved property values within the project area, improved economic conditions, and public/private partnerships in which the Agency receives a retum on its invesbnent. .. ... .. ... .. ... .. "'" ... "'" ... .. ... .. ... .. '"' .. 46 '"' 1M "" c o ... .. .. Southeast Industrial Park Net Increment Projections "" ill ,.. 'l.,. "" 1994-1995 $3,780,840 $756,168 $3,937,950(2) $(913,278) 1995-1996 $3,856,457 $771,291 $2,878,845 $98,469 1996-1997 $3,933,586 $786,717 $2,894,133 $252,736 1997-1998 $4,012,258 $802,452 $2,895,310 $314,496 1998-1999 $4,092,502 $818,501 $2,903,310 $370,692 (1) Includes debt service and existing contractual obligations. (2) Includes ERAF Payment .. "" iii ,.. .. "" ill "" III . ,.. ... ... ... ... .. ... .. .. .. "" .. "" , .. ,.. ill ,.. ill 47 t I P' I I I .. I I I I I I I I II II I I I I I f""tI '- n CITY OF SAN BERNARDINO SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA Date PART A ~ ..<I "..:l::11 . , , I j!"'~ -' ! i /1<( .~ MO'C" I I ",' . , .~ l , ; ~ I I! ..m1.... i g 0 l i .J "t. ,'~ ' .' ~' : .. ',.'.l'. , .... ---- General Plan ILand Use l' Designations NORTH c.F:'~ &; ~ Commercial General __ Commercial Regional I PCR I Public Commercial Recrealion I"p'~ Public Facility I PFC I Public Flood Control I I I I ~ I I I I I I I I I II I II I I l '" - (\ CITY OF SAN BERNARDINO SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA Date PART B .. J .~ I ?-i H .. ,J " .. V f'P ~/ l~ 1 ~7~f"~1. ~ ~ ~~/"7 ~., . . , &1 , I . 'T.~ITT 1.&..' L. ~ -1- <t :1 Z~ - --O'i -... 1'1< .~~', ,"" ~< :~?>. . < ,~ ~t~ . I General Plan ILand Use Designations 1"- NORTH I CR (1.4) I Commercial Regional I IH I Industrial Heavy I OIP I Office Industrial Park ~rln , I c o -. '"" ... .. ... .. ... ioo .. ... ... .. "" ... I'" .. '" ill ,.. .. ,.. ... ,.. ... ,.. ... ... .. "" .. "" iI. ,.. ... II" ... !Ill I iii ,.. .. - c o E. CENTRAL CITY WEST PROJECT The Central City West Redevelopment Project Area was adopted by the Mayor and Common Council/Community Development Commission on February 17, 1976. The Central City West Redevelopment Project Area is located at the intersection of Fifth Street and Mt. Vemon Avenue, an area long recognized as the gateway to the upper Mt. Vemon Avenue retail and commercial area. The total acreage for Central City West is four (4) acres. Central City West is a small project area which serves as a convenience center. Original Blighting Conditions TIle primary blighting influences at the time of plan adoption for the Central City West Park Project Area are described briefly in the paragraphs below, and can be summarized as follows: . Age, deterioration, and dilapidation of structures. . Mixed character and shifting of uses. . Defective design and physical construction. . TIle laying out oflots in disregard for the physical character of the ground and surrounding conditions. . Depreciated values and impaired investments. . The existence of inadequate public improvements. At the time of plan adoption, properties within the Central City West Project Area were improved, or partially improved with a mixture of commercial and industrial uses. Conditions such as dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, and a prevalence of impaired investments and economic maladjustments had led to a reduction of, or lack of, proper utilization of the area to such an extent that it constituted a serious economic burden on the community Economic conditions in the Central City West Project Area are currently characterized by three factors: 1) business migration out of Project Area; 2) commercial vacancy factors; and 3) impaired investments. Social blight is characterized by demographic trends and conditions, which show increases in crime, transiency, and general social maladjustment. 50 ... ,r' . "- ,.-'" v ... ... ... Specific blighting conditions within the Central City West Project Area are related to deteriorating building conditions, declining property condition, lack of access for the disabled, building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the Central City West Project Areas. ... ... ... .. Economic Blight within the Central City West Project Area is evidenced by a steady decline in many of the economic indicators including assessed land values, business fonnations, business relocations, employment, retail sales and honsehold income. ... ... ... Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the Central City West Project Area to implement commercial projects. Despite these efforts, many of the blighting conditions listed above remain. .. ... .. .. These conditions of blight and the subsequent under productivity of the Central City West Project Area had placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. ... ... .. Reasons for the Selection of the Project Area ... ~ The selection of the boundaries of the Central City West Project Area was originally guided by I) the California Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: ... ... . Eliminate the conditions of blight existing in the Central City West Project Area. ... . Ensure, as far as possible, that the causes of blighting conditions in the Central City West Project Area will be either eliminated or protected against. .. ... . Provide participation for owners and business tenants in the Central City West Project Area. ... . Encourage and ensure the redevelopment of the Central City West Project Area. ... ... ... Encourage and foster the economic revitalization of the Central City West Project Area. .. . Improve the public facilities in the Central City West Project Area to provide safer and more efficient public services. II" .. II" .. ... .. 51 ... .. .. c '" ......; .. .. ... Agency Activities - ioo As identified in the Report to the City Council for the Central City West Project Area, there were detrimental physical, social, and economic conditions that were negatively impacting this section of San Bernardino at the time of plan adoption. TIle Agency had proposed to alleviate these conditions by providing a variety of development incentives that was intended to stimulate new development and rehabilitation activities in the Central City West Project Area. - ... - ... ... TIlls section will exan1ine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. ... .. Since plan adoption, the Redevelopment Agency for the City of San Bernardino has initiated a number of projects in the Central City West Project Area. TIre following is a list of projects and activities completed in the Project Area within the past five (5) years: ... ... ... . Financial Assistance to Don's Dmg ~ . Re-roofmg of the Villa Senor Library ... Ii.. . Finalized plans to incorporate the Central City West Commercial Center into the plans for the Mt. Vemon Corridor theme area .. , Current Conditions ~ ... The original blighting conditions described previously, have been partially eliminated from the Project Area. As a result of Agency activities, the area is now characterized by small "mom and pop" type businesses and a branch library. There are however, blighting conditions that remain, and continue to inlpair private investment and development activity in the area. TIlese conditions include: .. .. ... . Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and malket conditions, lack of parking, or other sinillar factors. ... ... .. . Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the Central City West Project Area. ... ... . Depreciated values and inlpaired investments. ioo .. . The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. ioo .. ioo 52 ... ... ... .. ~ .. ... .. ... .. ~ , ill "" .. "" .. ... ~ "" .. ... .. ... .. .. .. .. ... - ... "" .. ... ... ... ... "" ... ... .. c o . Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. . A high crime rate which constitutes a serious threat to public safety and welfare. Five Year Program The Agency's principal goals and objectives for the Central City West Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: . Creation of incentive programs for existing property owners to reinvest in their properties. . Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. . Land acquisition for the creation of public facilities which serve both the immediate neighborhood and the cOlmnunity at large. . Improvements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. . Continued participation in the enhancement of the public infrastructure system. . Acquisition and disposition of property to abate nuisance uses and provide for future development. Specific programs and potential projects and activities that are proposed for this time period are outlined below. However, many of the Agency's fmancial obligations for the next five (5) years are pre-existing contractual obligations which must first be met, prior to the addition of any new obligations. The Matrix shown in tlle following table sunnnarizes these program/projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. A number of programs and potential projects have been identified which would reduce or elinlinate many of the blighting influences listed previously. Whereas State law requires a 53 five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain fmancing for projects as well as the Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is unlikely that projects listed below will be implemented completely. Note: The following table does not list pass-through payments or bond principal and interest payments. .. c .. .. .... .. .. .. .. .. .... .. ....'" '-" .. Central City West ProgramlProject Matrix Five Year Projections "" II. .. EXISTING OBLIGATIONS , .. .. l. Agency Legal Services $10,000 ... .. io. 2. Agency Consulting Services $2,000 .. .. 3. Agency Professional Services $3,000 - .. - 4. Agency Administration $53,500 ... - ... .. Funding Sources ... Administrative expenditure allows for the facilitation of Central City West Redevelopment Project activities. Administrative expenditure allows for the facilitation of Central City West Redevelopment Project activities. Administrative expenditure of City reimbursables which allows for the facilitation of Central City West Redevelopment Project activities. Administrative expenditure allows for the facilitation of Central City West Redevelopment Project activities (i.e. administration ofOPA and DDA). TIle Agency has identified sources of funds for the programs and activities planned over the next five years in the Project Area. TIlese funding sources include: .. .... . Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. .. .. .. III .. .. 54 ~- ... c o .. ... .. TIle following Increment Projection Table indicates that the tax increment projections for the next five (5) years are negative and that the Agency does not anticipate a surplus of tax increment revenue. TIle negative figures projected are the result of Agency obligations to set aside funds into the Low and Moderate Housing Fund and to meet existing contractual obligations. In accordance with previous Agency practices, transfers from other project areas will be made to the Central City West Project Area, as necessary, in order to address current obligations. It should be noted that a variety of factors influence and affect the level of tax increment available for projects. Factors which may increase the arnount of tax increment available for projects, include but are not limited to, improved property values within the project area, improved economic conditions, and public/private partnerships in which the Agency receives a return on its investment. - ... ... ... ... III ... ill ... Central City West Net Increment Projections ... ... .. ... ... 1994-1995 $17,948 $3,590 $4,176(2) $10,182 1995-1996 $18,307 $3,661 $16,200 $(1,554) 1996-1997 $18,673 $3,735 $16,400 $(1,462) 1997-1998 $19,047 $3,809 $16,700 $(1,462) 1998-1999 $19,427 $3,885 $17,000 $(1,458) ... ... - ... ... ... (1) (2) (3) Includes debt service and existing contractual obligations Includes ERAF payment Deficit will be met through cash reserves, other income such as land sale, interest earnings, notes receivable, rent receivable and developer reimbursement. ... .. ... .. ... III ... .. ... .. ... 55 .. ... .. I I I I I I I I I I I I 'I I I I I I I - - - ~ (""'\ - r'\ CITY OF SAN BERNARDINO CENTRAL CITY WEST REDEVELOPMENT PROJECT AREA Date .. --+ CO I ~T ~ ~LJU ~L 7 I~ w ~ ,0 ~( Ii' :r' .l. _ ! ~ J~ /~ _ c. .;j:~ - \ " .... .:L 6 ,~ ST :lJ dB:E - , .-I-l-4 "'sr:;.x' ~OPEKA S.!.NTA F"E RA!LWAY ...----- , . .._..__.~.._-_., ~ . .' -, -- .-.. --------- :j E~c <t "A o Z ~L ~4-- ST General Plan ILand Use l' Designations NORTH I'iiiiI Commercial General' 'Theme Center Specific Plan RIAL T;: ., ... lot ... .. F. ... .. ... ... .. ... ... .. ... .. .. ... .. lot ... .. ... .. .. ... .. ... .... ... .. .. ... .. ... .. ... .. ... .. - - I' \,..., ,.--,......, "-' NORTHVVESTPROJECT The Northwest Redevelopment Project Area was adopted by the Mayor and Common Council/Community Development Commission on July 6, 1982. The Northwest Redevelopment Project Area is located in the northwest section of the City and is approximately 1,500 acres. The Northwest Project Areas is divided into two subareas identified as Subarea A, consisting of 940 acres, and Subarea B, consisting of 560 acres. Subarea A is located generally south of Cajon Boulevard, north of Seventh Street and west of the Interstate 215 Freeway. The area focuses commercial corridors along portions of Highland Avenue, Baseline Avenue, Medical Center Drive, and Mt. Vernon Avenue. The San Bernardino Community Hospital and the Westside Shopping Center are major employers within the Project Area. Subarea B is located north of the Devil Creek Diversion Channel, south of the Interstate 215 Freeway, southeast of Palm Avenue facing Cajon Boulevard. The area is designated for industrial uses. Original Blighting Conditions The primary blighting influences at the time of plan adoption for the Northwest Project Area are described briefly in the paragraphs below, and can be sununarized as follows: . Age, deterioration, and dilapidation of structures. . Mixed character and shifting of uses. . Defective design and physical construction. . The laying out of lots in disregard for the physical character of the ground and surrounding conditions. . Depreciated values and impaired investments. . The existence of lots of irregular form and inadequate size. . The existence of inadequate public improvements. At the time of plan adoption, properties within the Northwest Project Area were improved, or partially improved with a mixture of commercial, industrial, and residential uses, as well as various public/quasi-public and open space sites. Conditions such as dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, undevelopable residual parcels resulting from county flood control and State highway construction, and a prevalence of impaired investments and economic maladjustments had led to a reduction of, or lack of, proper utilization of the area to such an extent that it constituted a serious economic burden on the community 57 - "..'~ \..... ~ '>".,.,/ .. ... ... ... Economic conditions in the Northwest Project Area are characterized by three factors: I) business migration out of the Northwest Project Area; 2) conunercial vacancy factors; and 3) impaired investments. Social blight is characterized by worsening historical and current demographic trends and conditions, which show increases in crime, transiency, and general social maladjustment. ... - ... .. Specific blighting conditions within the Northwest Project Area are related to deteriorating building conditions, declining property condition, seismic and structural reinforcement hazards, buildings without fire sprinklers, existence of asbestos, exposure to noise, lack of access for the disabled, building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the Northwest Project Area. ... .. .. .. ,.. Economic Blight within the Northwest Project Area is evidenced by a steady decline in many of the economic indicators including assessed land values, business formations, business relocations, employment, retail sales, household income and public expenditures. Other economic indicators show that the market is depressed and that the feasibility of rehabilitation of many of the older and dilapidated structures is very unlikely. III ... .. III Conditions of severe social blight are also prevalent within the Northwest Project Area. Specific indicators of population, economic status, housing, crime and transiency combine to show that social blight is prevalent in the Project Area. On average, Northwest Project Area residents earn considerably less than residents outside the Project Area. Crime, transiency, and alcohol and drug addiction are far more prevalent within the Northwest Project Area than in the rest of the region. ... ... "" .. ... Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the Northwest Project Area to implement commercial projects as well as supporting the development of very low, low, and moderate income housing. Historically, the Agency has entered into many Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A) with property owners in order to address many of the blighting conditions throughout the Northwest Project Area. Despite these efforts, many of the blighting conditions listed above remain. ... - ... .. .. ... These conditions of blight and the subsequent under productivity of the Northwest Project Area have placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. ... ... III "" ... .. 58 ... ... .. ... ,- '- ,..) .. ... III Reasons for the Selection of the Project Area ... .. The selection of the boundaries of the Northwest Project Area was originally guided by I) the California Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: ... .. Eliminate the conditions of blight existing in the Northwest Project Area. ... III . Ensure, as far as possible, that the causes of blighting conditions in the Northwest Project Area will be either eliminated or protected against. ... .. . Provide participation for owners and business tenants in the Northwest Project Area. ... .. Encourage and ensure the redevelopment of the Northwest Project Area. ... . Encourage and foster the economic revitalization ofthe Northwest Project Area. .. '"' ... Improve the public facilities in the Northwest Project Area to provide safer and more efficient public services. .. Ensure the development of structures which reflect quality architectural and urban design principles. ... ... Agency Activities .. .. As identified in the Report to the City Council for the Northwest Project Area, there were detrimental physical, social, and economic conditions that were negatively impacting this section of San Bernardino at the time of plan adoption. The Agency had proposed to alleviate these conditions by undertaking a comprehensive program by providing a variety of development incentives that was intended to stimulate new development and rehabilitation activities in the Northwest Project Area. ... .. ... ... This section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. ... ... .. Since plan adoption, the Redevelopment Agency of the City of San Bernardino has initiated a number of projects in the Northwest Project Area. The following is a list of major projects and activities completed in the Northwest Project Area within the past five (5) years: pl II ... ~ ... IIlI 59 ... ill ... - '-' o - ... .... HAB Development (Financial Assistance for the construction of Roads and Bridges) ... .... InIill Housing Program ... . Arrowview Plaza Office/Retail Center Developer Assistance 110 . West Side Plaza Shopping Center Construction (Agency Financial Assistance to the Developer) ... ... Demolition of Clark site (West Side Plaza) ,.. ... . Arrow Vista Housing Development Financial Assistance ... Rehabilitation and landscaping of parking lot at 1620 Baseline ... ... Arrowhead Woods Senior Housing Financial Assistance .. . Bashir- Towusend Relocation Assistance '"' .. . Cypress Inn Mobilehome Park Rehabililation ... PAL Community Child Care Facility Financial Assistance ... . Public Enterprise Center Maintenance (Agency owned building) ... ... . Macy/Blake Sewer Project Construction ,.. l. . Obtained agreement from American National Can Company to develop a $50,000,000,222,000 square foot can making facility ... Current Conditions ... ... The original blighting conditions described previously, have been partially eliminated from the Northwest Project Area. As a result of Agency activities, the area is now characterized by a thriving 96,177 square foot neighborhood shopping center which serves as a catalyst for further business opportunities and expausion in the northwest area. There are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditious include: ... "" ill II"' .. . Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. "" , ... '"' .. 60 "" , ill I'" .. c ,:> I'" .. I'" . Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. .. ... ioo Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the Northwest Project Area. ... ... . Existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development. ... .. Depreciated values and impaired investments. ... . The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. ... "" lo. Lack of adequare, affordable, quality housing. ... . Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. .. ... . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. .. ... .. . A high crime rate which constitutes a serious threat to public safety and welfare. ... Five Year Program .. .. The Agency's principal goals and objectives for the Northwest Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: ... ... ... Creation of incentive programs for existing property owners to reinvest in their properties. .. .. Creation of viable housing options within the Northwest Project Area that span a range of incomes, including housing for the homeless and formerly homeless. .. .. Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. ... ioo ... IlIl 61 ,. .. ... c :) l1li ... l1li . Land acquisition for the creation of public facilities which serve both the inunediate neighborhood and the community at large (such uses may include a community hospital). ... l1li ... . Improvements to existing water and sewer lines, streets, sidewalks, pllIkways, and lighting in the public right-of-way. .. ... . Continued participation in the enhancement of the public infrastructure system. ill . Acquisition and disposition of property to abate nuisance uses and provide for future development. ... l1li "" ill Specific programs and potential projects and activities that are proposed for this time period are outlined below. However, many of the Agency's fmancial obligations for the next five (5) years are pre-existig contractual obligations which must first be met, prior to the addition of any new obligations. The Matrix shown in the following table summarizes these program/projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. ... iii ... ... A number of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previously. Whereas State law requires a five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain fmancing for projects as well as the Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is unlikely that projects listed below will be implemented completely. Note: The following table does not list pass-through payments or bond principal and interest payments. IlII ... .. ... ill IlII ... l1li ... Northwest Program/Project Matrix Five Year Projections ... ,.. .. EXISTING OBUGATIONS ... .. 1. Northwest Project Area Committee Administration Expenses $150,000 Administration Expense necessary to implement the activities of the Northwest Redevelopment Project Area. ... .. .. 62 .. ... ill .. c :) a. .. ... 2. Weed Abatement $20,000 Removal of visually blighting condition throughout the Northwest within the Northwest Project Area. Project Area on Agency- owned property. 3. Fiscal Agent - Bond $25,000 Administrative expenditure which is Monitoring necessary to implement the activities of the Northwest Project Area. 4. New Frontier Letter of $212,500 Shopping Center serves as a catalyst for new Credit Fee - Shopping Center development; lack of investment and Subsidy reinvestment in the Northwest Project Area; depreciated values and impaired investments; provides necesssary commercial facilites normally found in neighborhoods - without Agency intervention and fmancial assistance the development of the shopping center would have been infeasible. 5. Line of Credit Float for $1,500,000 Depreciated values and impaired HAB Development investments. 6. Public Enterprise Center $500,000 Building is used as a community facility for Maintenance Expenses Northwest area residents; depreciated or stagnant property values and impaired investments; without Agency intervention building would most likely be vacant. 7. Agency Legal Services $375,000 Administrative expenditure which is necessary to implement the activities of the Northwest Project Area. 8. Agency Consulting Services $105,000 Administrative expenditure which is necessary to implement the activities of the Northwest Project Area. 9. Agency Professional $660,000 Administrative expenditure which is Services necessary to implement the activities of the Northwest Project Area. 10. Agency Administration $1,896,000 Administrative expenditure which is necessary to implement the activities of the Northwest Project Area. 11. Community Hospital $1,200,000 Lack of investment and reinvestment in the Loan (Priority) Northwest Project Area. ... .. ... ... .. ... .. ,.. ... .. .. "" ... ... .. ... .. ... .. "" .. .. ... ... ... iIo .. .. ... ... .. 63 ... .. .. .. c .".-....". ... v ... 110 Funding Sources - ... The Agency has identified sources of funds for the programs and activities phumed over the next five years in the Northwest Project Area. These funding sources include: - .... . Sale of tax allocation bonds supported by tax increment revenues from the Northwest Project Area. It is important to note that most of the Northwest Project Area bond funds have been encumbered for existing expenses. ... 110 . Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. ... .. ,.. a. The following Increment Projection Table indicates that the tax increment projections for the next five (5) yeats are negative and that the Agency does not anticipate a surplus of tax increment revenue. The negative figures projected are the result of Agency obligations to set aside funds into the Low and Moderate Housing Fund, to service existing debt on previously issued bonds, and to meet existing contractual obligations. In accordance with previous Agency practices, transfers from other project areas will be made to the Northwest Project Area, as necessary, in order to address current obligations. It should be noted that a variety of factors influence and affect the level of tax increment available for projects. Factors which may increase the amount of tax increment available for projects, include but are not limited to, improved property values within the project area, improved economic conditions, and public/private partnerships in which the Agency receives a return on its investment. ... .. !'" .. "" .. '"' iIII Northwest Net Increment Projections "" ill "" 1994-1995 $1,174,174 $234,835 $1,029,956(2) $(90,617) 1995-1996 $1,197,658 $239,532 $1,563,865 $(605,739) 1996-1997 $1,221,611 $244,322 $1,471,406 $(494,117) 1997-1998 $1,246,043 $249,209 $1,481,456 $(484,622) 1998-1999 $1,270,964 $254,193 $1,490,096 $(473,325) .. ,. .. ,. iIII !!II (1) (2) (3) Includes debt service and existing contractual obligations. Includes ERAF payment. Deficit will be met through cash reserves, other income such as land sale, interest eamings, notes receivable, rent receivable and developer reimbursement. .. !!II .. ... 64 ill !" ill I I I I I I I I I I I I I I I I I I I () ..... , "I () ... CITY OF SAN BERNARDINO NORTHWEST REDEVELOPMENT PROJECT AREA Date "- PART A ~ o ..::.. "",1 .., f& General Plan /Land Use Designations 1"- NOATH ~ Commercial General _ Commercial Heavy I IE I Industrial Extractive I OIP I Office Industrial Park I PP I Public Park r-~.... Residential Medium I RS I Residential Suburban - ,. " I I I I I I I I I I I I I I I I I I I CITY OF SAN BERNARDINO NORTHWEST REDEVELOPMENT PROJECT AREA Date PART B 10.. ...01 General Plan ILand Use ..,.... Designations NORTH ~jlOIIlIt) Commercial General I CO 11-21 I Commercial Office I It I Industrial Light I PFC I Public Flood Control "'9_ Residential Medium I RS I Residential Suburban l-Iillll I Residenllal Urban l : < I ~ I " - . . ~ ; ,. PCl'tU- . S' (I,p" -.. - -- .- ..~~ j "0,"'5 'Sf f~V I I I II I I I I I I I I I I I I I I I - r- o ..... " - CITY OF SAN BERNARDINO NORTHWEST REDEVELOPMENT PROJECT AREA Date PART C ... ~ f'fC, \. " \. " \. . \. /' '-~ j- @ / / , . "r General Plan ILand Use Designations NJ'TH ~~ ~j1jI(~~ Commercial General , IL I Industrial Light I IE ~I Industrial Extracllve I" 'IH~ Industrial Heavy I PFC I Public Flood Control Lr~ I. :n I ,,~. ... r I......, o .. '"" III G. TRI-CITY PROJECT '"" ... The Tri-City Redevelopment Project Area was adopted by the Mayor and Conunon Council/Community Development Commission on June 20, 1983. The Tri-City Redevelopment Project Area is located in the southeast section of the City. The Tri-City Project Area is divided into two subareas identified as Subarea I, consisting of 95 acres, and Subarea II, consisting of 283 acres. Subarea I is located generally west of Del Rosa Avenue and north of Sixth Street. Subarea I is zoned for residential development. Apartment units occupy a twelve (12) acre site, with the remainder of the land owned and marketed by the Agency. Subarea II is located between Waterman and Tippecone Avenues and north of Interstate 10 freeway. Subarea II includes the Tri-City Corporate Center, a mix of office, light industrial, retail, commercial, and restaurants. '"" ... I'" .. '"" III '"" Original Blighting Conditions III '"" ... The primary blighting influences at the time of plan adoption for the Tri-City Project Area are described briefly in the paragraphs below, and can be summarized as follows: "" III Age, deterioration, and dilapidation of structures. . Mixed character and shifting of uses. I'" .. Defective design and physical construction. "" , III The laying out of lots in disregard for the physical character of the ground and surrounding conditions. I'" .. Depreciated values and impaired investments. The existence of lots of irregular form and inadequate size. I'" .. The existence of inadequate public improvements. ... At the time of plan adoption, most of the project consisted of vacant or underdeveloped parcels. Due to the underdevelopment of the Tri-City Project Area there was a prevalence of impaired investments and economic maladjustments to such an extent that it constituted a serious economic burden on the community. ... I'" III ... Current economic conditions in the Tri-City Project Area are characterized by three factors: 1) business migration out of Project Area; 2) commercial vacancy factors; and 3) impaired investments. il. ... III '"" ... 68 I!I III ... ,.- L o ... ... ... Specific blighting conditions within the Tri-City Project Area are related to building conditions, property condition, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the Tri-City Project Area. ... ... ... ... Economic Blight within the Tri-City Project Area is evidenced by a steady decline in many of the economic indicators including assessed land values, business formations, business relocations, employment, retail sales, household income and public expenditures. Other economic indicators show that the market is depressed and that the feasibility of rehabilitation of many of the older and dilapidated structures is very poor. ... ... ... III Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the Project Area to implement commercial projects as well as supporting the development of very low ,low, and moderate income housing. One of the Agency's main tools in the effort to eradicate blight from the Tri-City Project Area has been the use of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A). Despite these efforts, many of the blighting conditions listed above remain. ... III "" .. "" III. Reasons for the Selection of the Project Area r il. The selection of the boundaries of the Tri-City Project Area was originally guided by 1) the California Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: "" III Eliminate the conditions of blight existing in the Tri-City Project Area. "" ill Ensure, as far as possible, that the causes of blighting conditions in the Tri-City Project Area will be either eliminated or protected against. ... Provide participation for owners and business tenants in the Tri-City Project Area. III. ... Encourage and ensure the redevelopment of the Tri-City Project Area. ... . Encourage and foster the economic revitalization of the Tri-City Project Area. ... Improve the public facilities in the Tri-City Project Area to provide safer and more efficient public services. III ... ill ... III. ... III 69 "" ill ... """' :> .. \..... ~ .. Agency Activities ... .. As identified in the Report to the City Council for the Tri-City Project Area, there were detrimental physical, social, and econornic conditions that were negatively impacting this section of San Bernardino at the time of plan adoption. The Agency had proposed to alleviate these conditions by undertaking a comprehensive program of public improvements and by providing a variety of development incentives that was intended to stimulate new development and rehabilitation activities in the Tri-City Project Area. ... ... ... ... "" .. This section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. "" .. Since plan adoption, the Redevelopment Agency for the City of San Bernardino has initiated a number of projects in the Tri-City Project Area. The following is a list of major projects and activities completed in the Project Area within the past five (5) years: "" .. Construction and fmancing of the new on/off freeway ramp project at Waterman Avenue and Interstate 10 "" .. . Development of Rancon Office Building - Owner Participation Agreement "" IlII Home Depot and Office Club Retail Center "" .. Closed escrow with the State of California on a 77 acre residential parcel on Ninth Street and Del Rosa Avenue "" .. . Santa Fe Railway Control Center Developer Assistance Olive Garden Restaurant - Interstate 10 Freeway access "" IlII . Y oshinoya Beef Bowl Restaurant - Owner Participation Agreement with the Alexander Haagan Company ... ... Current Conditions ,.. .. The original blighting conditions described previously, have been partially eliminated from the Tri-City Project Area. As a result of Agency activities, the area is now characterized by many market driven commercial projects. Additionally, several nationally recognized chain retail stores and businesses have located in the Tri-City Project Area. There are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditions include: "" .. "" .. "" III 70 "" lI. ... c o 110 "" 110 Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. ... 100 - Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. ... - ... Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the Tri-City Project Area. ... .. . Existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development. ... 110 . Depreciated values and impaired investments. c . The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. "" . .. Lack of adequare, affordable, quality housing. "" .. Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. ... l. . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. "" .. . A high crime rate which constitutes a serious threat to public safety and welfare. ... Five Year Program .. ,.. 100 The Agency's principal goals and objectives for the Tri-City Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: ,.. 100 Creation of incentive programs for existing property owners to reinvest in their properties. ... .. Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. "" .. "" I. 71 ... .. .... c o ... .... ... .... Land acquisition for the creation of public facilities which serve both the immediate neighborhood and the community at large. ... . Improvements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. .... ... . Continued participation in the enhancement of the public infrastructure system. ... .. . Acquisition and disposition of property to abate nuisance uses and provide for future development. "" .. "" .. Specific programs and potential projects and activities that are proposed for this time period are outlined below. However, many of the Agency's fmancial obligations for the next five (5) years are pre-existing contractual obligations which must first be met, prior to the addition of any new obligations. The Matrix shown in the following table summarizes these program/projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. po" ... ~ A number of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previously. Whereas State law requires a five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain financing for projects as well as the Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is unlikely that projects listed below will be implemented completely. Note: Thefollowing table does not list pass-through payments or bond principal and interest payments. r ... ~ I'" I.i ... Tri-City Program/Project Matrix Five Year Projections j", r'" l.. ,.. ... EXISTING OBUGATIONS ,.. Iilo I. Fiscal Agent - Bond Monitoring $30,000 Administrative expenditures which is necessary to implement Tri-city Redevelopment Project activities. "" .. ,. II. 72 t .. c ,-, ......I III "" ill 2. Haagen OPA Developer $624,960 Development serves as a catalyst for new Assistance for on-site development; lack of investment and improvements (Sam's Club reinvestment in the Tri-City Project Area; Warehouse) depreciated values and impaired investments; without Agency intervention and fmancial assistance the development would have been infeasible. 3. Weed Abatement $5,000 Elimination of a visual blighting throughout the Tri-City characteristic. Project Area on Agency- owned properties 4. Agency Legal Services $50,000 Administrative expenditure which is necessary to implement Tri-City Redevelopment Project activities. 5. Agency Consulting Services $130,000 Administrative expenditure which is necessary to implement Tri-City Redevelopment Project activities. 6. Agency Professional $180,000 Administrative expenditure for City Services reimbursables which is necessary to implement Tri-City Redevelopment Project . activities. 7. Agency Administration $247,700 Administrative expenditure which is necessary to implement Tri-City Redevelopment Project activities. 8. Best Buy Store $100,000 Depreciated values and impaired investments. ,.. , .. ,. ill ,.. l.. "" ill ,.. l. ,.. I ... "" .. c r' .. I'" .. !'" , ... Funding Sources ,.. l. The Agency has identified sources of funds for the programs and activities planned over the next five years in the Project Area. These funding sources include: "" ill Sale of tax allocation bonds supported by tax increment revenues from the Project Area. It is important to note that most of the Tri-City Project Area bond funds have be encumbered for existing expenses. "" ill "" III Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. "" ... 73 ,.. l. .. ,..- '- ......., ~ 110 .. ... .. The following Increment Projection Table indicates that the tax increment projections for the next five (5) years are relative low and total $904,743 for the five (5) year period. The category of "Current Obligations" includes obligations to set aside funds into the Low and Moderate Housing Fund, to make Tri-City Project Area pass-through payments, to service existing debt on previously issued bonds, and to meet existing contractual obligations. In accordance with previous Agency practices, transfers to other project areas from Tri-City Project Area will be made (as needed) in order to address tax increment shortages for the other project areas. It should be noted that a variety of factors influence and affect the level of tax increment available for projects. Factors which may increase the amount of tax increment available for projects, include but are not limited to, improved property values within the project area, improved economic conditions, and public/private partnerships in which the Agency receives a return on its investment. ... .. .. - ... II" .. ... Tri-City Net Increment Projections ... "" 110 ... 1994-1995 $1,393,822 $278,764 $925,333(2) $189,725 1995-1996 $1,421,698 $284,340 $923,048 $214,310 1996-1997 $1,450,132 $290,026 $1,015,242 $144,864 1997-1998 $1,479,135 $295,827 $1,015,378 $167,930 1998-1999 $1,508,717 $301,743 $1,019,060 $187,914 (1) Includes debt service, pass-throughs, and existing contractual obligations. (2) Includes ERAF payment ... ... .. .. .. t .. 110 "" .. .. .. .. ... ... ... "" ... 74 ... .. I I I I I I I I I ! I I I I I I . '. . . - '" n ... ~ CITY OF SAN BERNARDINO TRI-CITY REDEVELOPMENT PROJECT AREA Date PART A .. o I I- I I v~,( f ;,1 w . ~ .0 1 11 ~: '" _. 'F." . . General Plan ILand Use 1" Designations NORTH l PFC I Public Flood Control "R~ Residential Medium I RS I Residential Suburban I I I I I I I I I I I I I I I I II I I '" A ...., ~ r - CITY OF SAN BERNARDINO TRI-CITY REDEVELOPMENT PROJECT AREA Date PART B "'- GR-' &,: '-... .....--.... :- II-I , ~.. I-~ -_! ! I .-..J..... I :;rF~'. - General Plan ILand Use Designations 1" NORTH _ Commercial Regional I PFC I Public Flood Control - I" ... '- .....""'" I '-.../ .. !'" j", H. SOUTH VALLE PROJECT "" .. The South Valle Redevelopment Project Area was adopted by the Mayor and Common Council/Community Development Commission on July 9, 1984. the South Valle Redevelopment Project Area is located in the southern portion of the City, south of Interstate 10 Freeway. The South Valle Project Area is adjacent to the Commercenter area of the Southeast Industrial Park and Subarea II of the Tri-City Redevelopment Project Area. The area has inunediate access to the Interstate 10 and Interstate 215 Freeway interchanges. The major uses of the South Valle Project Area include commercial and light industrial development. '"' ill !'" III "" .. Original Blighting Conditions '"' ... The primary blighting influences at the time of plan adoption for the South Valle Project Area are described briefly in the paragraphs below, and can be summarized as follows: '"' I.. Age, deterioration, and dilapidation of structures. '"' .. Mixed character and shifting of uses. Defective design and physical construction. '"' ... The laying out of lots in disregard for the physical character of the ground and surrounding conditions. '"' .. Depreciated values and impaired investments. ... The existence of lots of irregular form and inadequate size. .. . The existence of inadequate public improvements. ... .. At the time of plan adoption, properties within the South Valle Project Area were improved, or partially improved with a mixture of commercial, industrial, and limited residential uses, as well as various public/quasi-public and open space sites. Conditions such as dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, and a prevalence of impaired investments and economic maladjustments had led to a reduction of, or lack of, proper utilization of the area to such an extent that it constituted a serious economic burden on the community. ... ... '"' .. I'" ill !'" ill ... ... 77 ... .. "" c :) ill "" ill ... Economic conditions in the South Valle Project Area are characterized by three factors: 1) business migration out of Project Area; 2) conunercial vacancy factors; and 3) impaired investments. Social blight is characterized by worsening historical and current demographic trends and conditions, which show increases in crime and general social maladjustment. III "" ... Specific blighting conditions within the South Valle Project Area are related to deteriorating building conditions, declining property condition, lack of access for the disabled, building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are conunon in the South Valle Project Area. ""' .. .. III Economic Blight within the South Valle Project Area is evidenced by a steady decline in many of the economic indicators including assessed land values, business formations, business relocations, employment, household income and public expenditures. ,. III ... Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the South Valle Project Area to implement conunercial projects through the utilization of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A). Despite these efforts, many of the blighting conditions listed above remain. ""' .. ... .... ... These conditions of blight and the subsequent under productivity of the South Valle Project Area have placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. ... ~ Reasons for the Selection of the Project Area ... ... The selection of the boundaries of the South Valle Project Area was originally guided by 1) the California Health and Safety Code,2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: ... .. . Eliminate the conditions of blight existing in the South Valle Project Area. ... ... Ensure, as far as possible, that the causes of blighting conditions in the South Valle Project Area will be either eliminated or protected against. ... ... Provide participation for owners and business tenants in the South Valle Project Area. - ... . Encourage and ensure the redevelopment of the South Valle Project Area. ... III Encourage and foster the economic revitalization of the South Valle Project Area. .. ... 78 ... .. ... c -, -...) ... ,.. ... . Improve the public facilities in the South Valle Project Area to provide safer and more efficient public services. ... ... Agency Activities ... ... As identified in the Report to the City Council for the South Valle Project Area, there were detrimental physical, social, and economic conditions that were negatively impacting this area of San Bernardino at the time of plan adoption. The Agency had proposed to alleviate these conditions by providing a variety of development incentives that was intended to stimulate new development and rehabilitation activities in the South Valle Project Area. ... ... '"' ... This section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. ... ... !"'" Since plan adoption, the Redevelopment Agency for the City of San Bemardino has initiated a number of projects in the South Valle Project Area. The following is a list of major projects and activities completed in the Project Area within the past five (5) years: ... !"'" ... Sunset Commercial Center Developer Assistance ... Construction of street connecting Redlands Boulevard and Caroline Street in conjunction with Portugal and Neal. ... ... . Portugal & Neal Commercial Center Financial Assistance - Demolition of blighted structures and completed development of 100,000 square feet of commercial buildings loot ... ... Club Center Development ... . Austrailian Beach Oub Assistance (Technical and Financial) .. . Hunts Lane Railroad Crossing Upgrade (Jointly Funded Project with the City of Colton) ... ... ... Arco Service Station and AM/PM Mini-Mart (Agency Loan Guarantee) ... Park Place Homes land acquisition ... Current Conditions ... ... The original blighting conditions described previously, have been partially elinunated from the South Valle Project Area. As a result of Agency activities, the area is now .. ,.. ... 79 ... ... ... c ,....~-, - ......,; ... - characterized by opportunities for business development and growth, as the South Valle Project Area is ideal for commercial and light industrial developmet. The South Valle Project Area has rail service and immediate access to the 1-10 and 1-215 interchanges. In spite of these many features, there are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditions include: ... - ... ... ... Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. .. ... ... . Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. ... .. ... Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the South Valle Project Area. ... ... Existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development. ... ... Depreciated values and impaired investments. - The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. ... - Lack of adequare, affordable, quality housing. ... - Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. ... ... . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. - - ... A high crime rate which constitutes a serious threat to public safety and welfare. ... Five Year Program ... The Agency's principal goals and objectives for the SOUtll Valle Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: ... ... ... ... ... 80 ... .. ... c ~~ .. -....I ~ .. Creation of incentive programs for existing property owners to reinvest in their properties. ... 1M . Creation of viable housing options within the Project Area that span a range of incomes, including honsing for the homeless and formerly homeless. ... 1M . Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. ,. 1M . Land acquisition for the creation of public facilities which serve both the inunediate neighborhood and the community at large. ... 1M . hnprovements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. ,. ill ,. l. Continued participation in the enhancement of the public infrastructure system. ... Acquisition and disposition of property to abate nuisance uses and provide for future development. 1M Specific programs and potential projects and activities that are proposed for this time period are outlined below. However, many of the Agency's financial obligations for the next five (5) years are pre-existing contractual obligations which must first be met, prior to the addition of any new obligations. The Matrix shown in the following table summarizes these prograrn/projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. ... 100 ... .. ... A number of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previously. Whereas State law requires a five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The prograrn/projects and expenditures represented below rely on the private sector's ability to obtain fmancing for projects as well as the Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is unlikely that projects listed below will be implemented completely. Note; The following table does not list pass-through payments or bond principal and interest payments. .. ... 1M ... 1M ... .. "" .. ~ ill ,.. ill 81 ,.. 1M '" c .. '" .. ", J ... South Valle Program/Project Matrix Five Year Projections .. ... ... EXISTING OBUGATIONS ... .. 1. Portugal- Neal Developer $1,200,000 Assistance for development of commercial center line of credit. '" ill ... 2. Agency Legal Services $50,000 ... ... ... 3. Agency Consulting Services $130,000 ... '"' 4. Agency Professional Services $180,000 ... ... ... 5. Agency Administration $307,300 .. ... 6. Fiscal Agent - Bond Monitoring $50,000 ... ... .. Funding Sources ... Depreciated or stagnant property values and impaired investments; lack of necessary commercial facilities that are normally found in neighborhoods. Administrative expenditure which is necesssary in order to implement the South Valle Redevelopment Project Area activities. Administrative expenditure which is necessary in order to implement the South Valle Redevelopment Project Area activities. Administrative expenditure which is necessary in order to implement South Valle Redevelopment Project Area activities. Administrative expenditure which is necessary in order to implement South Valle Redevelopment Project Area activities. Administrative expenditure which is necessary in order to implement South Valle Redevelopment Project Area activities. ... The Agency has identified sources of funds for the programs and activities planned over the next five years in the South Valle Project Area. These funding sources include: ... Sale of tax allocation bonds supported by tax increment revenues from the South Valle Project Area. It is important to note that most of the South Valle Project Area bond funds have been encumbered for existing expenses. loll ... ... ... Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. .. ,.. .. ,.. ... 82 ... .. ,..... \....; o ... .. - The following Increment Projection Table indicates that the tax increment projections for the next five (5) years are negative and that the Agency does not anticipate a sUIplus of tax increment revenue. The negative figures projected are the result of Agency obligations to set aside funds into the Low and Moderate Housing Fund, to make South Valle Project Area pass-through payments (when applicable), to service existing debt on previously issued bonds, and to meet existing contractual obligations. In accordance with existing Agency practices, transfers from other project areas will be made to the South Valle Project Area, as necessary, in order to address current obligations. It should be noted that a variety of factors influence and affect the level of tax increment available for projects. Factors which may increase the amount of tax increment available for projects, include but are not limited to, improved property values within the project area, improved economic conditions, and public/private partnerships in which the Agency receives a return on its investment. ... ... ... ~ ... ... ... ... ... South Valle Net Increment Projections ... ... II. .. ... 1994-1995 $582,625 $116,525 $1,066,347(2) $(600,247) 1995-1996 $594,278 $118,856 $990,236 $(514,814) 1996-1997 $606,164 $121,233 $990,236 $(505,563) 1997-1998 $618,287 $123,657 $989,917 $(495,287) 1998-1999 $630,653 $126,131 $998,307 $(493,785) ... ... ... ... ... ... (1) (2) (3) Includes debt service, pass-throughs, and existing contractual obligations. Includes ERAF payment Deficit will be met through cash reserves, other income such as land sale, interest earnings, notes receivable, rent receivable and developer reimbursement. ... ... ... ... ... ... ... ... .. "" .. 83 "" .. I I I I I I I I I I I I I I I I I I I , r\ - r\ - CITY OF SAN BERNARDINO SOUTH VALLE REDEVELOPMENT PROJECT AREA Date .. ..."... ... " .\11'1' ; , i '",~ ~. i --... ,- 1-" -~! II (:0....". _ . General Plan ILand Use l' Designations NORTH ~~1II Commercial General _ Commercial Regional IL I Induslriallighl ~ Residential Medium Heavy I'" ... I'" .. .... ... po , ... I'" ... I'" ... ... ... ... ... I'" ... !I'" ... ... ... .... .. ... .. ... ... ... ... .. ill I'" iIIo .. ill ... . ,."L'h r ~ -.../ L UPTOWN PROJECT The Uptown Redevelopment Project Area was adopted by the Mayor and Common Council/Community Development Commission on June 16, 1986. The Uptown Redevelopment Project Area is located is divided into two subareas identified as Subarea A, consisting of 348 acres, and Subarea B, consisting of 84 acres. Subarea A generally encompasses "E" Street, Baseline, and Highland Avenue business corridors which include must of the City's service and retail business areas. Subarea B is bounded by Mt. Vernon Avenue, King Street, Rialto Avenue and the Interstate 215 Freeway. Original Blighting Conditions The primary blighting influences at the time of plan adoption for the Uptown Project Area are described briefly in the paragraphs below, and can be summarized as follows: . Age, deterioration, and dilapidation of structures. . Mixed character and shifting of uses. . Defective design and physical construction. . The laying out of lots in disregard for the physical character of the ground and surrounding conditions. . Depreciated values and impaired investments. . The existence of lots of irregular form and inadequate size. . The existence of inadequate public improvements. At the time of plan adoption, properties within the Uptown Project Area were improved, or partially improved with a mixture of commercial, industrial, and residential uses, as well as various public/quasi-public and open space sites. The condition of the Uptown Project Area was such that it constituted a serious economic burden on the community. In particular, the Uptown Project Area suffered from dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, and a prevalence of impaired investments and economic maladjustments. The combination of the above mentioned conditions has led to a reduction of, or lack of, proper utilization of the Uptown Project Area. 85 ,.. III 1'0"'.'" "'""" .-.....1 '- l"" ... roo Economic conditions in the Uptown Project Area are characterized by three factors: 1) business migration out of Project Area; 2) commercial vacancy factors; and 3) impaired investments. Social blight is characterized by trends which indicate increases in crime, transiency, and general social maladjustment. ... ~ ... Specific blighting conditions within the Uptown Project Area are related to dilapidating building conditions, declining property conditions, seismic and structural reinforcement, buildings without rrre sprinklers, presence of asbestos, exposure to noise, lack of access for the disabled, building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the Uptown Project Area. ... ... ... ... ... Economic Blight within the Uptown Project Area is evidenced by many negative economic indicators including declining assessed land values, fewer business formations, many business relocations of out the Uptown Project Area, rising unemployment figures, declining retail sales, lower household income and public expenditures. Other economic indicators show that the market is depressed and that the feasibility of rehabilitation of many of the older and dilapidated structures is very poor. .. ... ... ... "" Conditions of severe social blight are also prevalent within the Uptown Project Area. Specific indicators of population, economic status, housing, crime, transiency, and mental health combine to show that social blight pervades the Uptown Project Area. On average, many Uptown Project Area residents earn considerably less than residents outside the Project Area. Crime, transiency, mental health problems, and alcohol and drug addiction are far more prevalent within the core areas of the Uptown Project Area than in the rest of the region. ... ... ... .. ... Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the Uptown Project Area to implement commercial projects as well as supporting the development of very low, low, and moderate income housing. Despite these efforts, many of the blighting conditions listed above remain. ... .. .. ... These conditions of blight and the subsequent under productivity of the Uptown Project Area have placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. .. ... .. Reasons for the Selection of the Project Area ... The selection of the boundaries for the Uptown Project Area was originally guided by 1) the California Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: ... ... ... "" 86 .. "" ill - -,...~, '- o ... "" .. . Enhance the quality of life in the Uptown Project Area and promote the health, safety, and welfare of the community. - ~ Develop standards for architectural and urban design principles which reflect a high level of concern for the w'ban environment and which promote a quality image. "" lit . Eliminate the conditions of blight existing in the Uptown Project Area. .. 1Io Ensure, as far as possible, that the causes of blighting conditions in the Uptown Project Area will be either eliminated or protected against. "" 1Io . Provide participation for owners and business tenants in the Uptown Project Area. - . Encourage and ensure the redevelopment of the Uptown Project Area. ... . Encourage and foster the economic revitalization of the Uptown Project Area. "" ioo . Improve the public facilities in the Uptown Project Area to provide safer and more efficient public services. .. ... Agency Activities "" - As identified in the Report to the City Council for the Uptown Project Area, there were detrimental physical, social, and economic conditions that were negatively impacting this section of San Bernardino at the time of plan adoption. The Agency had proposed to alleviate these conditions by providing a variety of development incentives that was intended to stimulate new development and rehabilitation activities in the Uptown Project Area. looo .. .. - - 11ris section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. - - Since plan adoption, the Redevelopment Agency for the City of San Bernardino has initiated a nwnber of projects in the Uptown Park Project Area. The following is a list of major projects and activities completed in the Project Area within the past five (5) years: .. - ... . Smart and Final Shopping Center Rehabilitation (80,000 square foot center) "" . Games for Fun International Property Acquisition and Expansion .. . Baseline Area Business Association Security District Fonnation "" lit l"" ... 87 .. i. ~ .. ,.. .. ... .. ,.. 100 ... .. ... ... ,.. .. ... ... !'" - ,. III "" ... ... ~ ... .. ,.. .. ,.. .. !'" ... po ill r ... "" III .,;' ._'~ .......... o . Assisted in the development of the physical improvements of the building located on the northwest comer of Baseline and "E" Streets . Coordinated major landscape upgrade for the northeast comer of Ninth Street and W aterman Avenue . Baseline Area Business Association Parking District (Acquisition of Parcels for future use as a parking area for customers) . Baseline Area Business Association Design Guidelines for Facade Improvements Custom Tinted Windows Financial Assistance - Small Business Loan Current Conditions The original blighting conditions described previously, have been partially eliminated from the Uptown Project Area. As a result of Agency activities, the area is now characterized by active involvement by many property owners and residents. In particular, the Baseline Area Business Association in conjunction with the Agency is worlcing to revitalize a significant portion of Baseline Street. Plans for this major corridor include facade improvements, street lighting, tree planting, banner installation and other streetscape improvements. There are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditions include: . Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. . Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and marlcet conditions, lack of parlcing, or other similar factors. . Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the Uptown Project Area. . Existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development. . Depreciated values and impaired investments. . The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. 88 - 110 ... 110 ... iIo ... ... - iIo - .. ~ . .. iii "" L. ... iIo ... ... .. iIo ... .. - .. .. III ... iIo ~ III ... .. '" ill ~ \..... .~ . Lack of adequare, affordable, quality housing. . Lack of necessary connnercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. . A high crime rate which constitutes a serious threat to public safety and welfare. Five Year Program The Agency's principal goals and objectives for the Uptown Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: . Creation of incentive programs for existing property owners to reinvest in their properties through the utilizaton of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A). . Creation of viable housing options within the Uptown Project Area that span a range of incomes, including housing for the homeless and formerly homeless. . Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. . Land acquisition for the creation of public facilities which serve both the immediate neighborhood and the community at large. . Continued preservation of historically significant structures. . Improvements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. . Continued participation in the enhancement of the public infrastructure system. . Acquisition and disposition of property to abate nuisance uses and provide for future development. Specific programs and potential projects and activities that are proposed for this time period are outlined below. The Matrix shown in the following table summarizes these 89 ... .... '- ... .. .'""" u ... program/projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. A number of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previously. Whereas State law requires a five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain financing for projects as well as the Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is unlikely that projects listed below will be implemented completely. Note: The following table does not include pass-through payments or bond principal and interest payments. .... ... .. ... ... ... .. ... ... ". .. Uptown programlProject Matrix Five Year Projections r .... EXISTING OBUGATIONS ,.. ... 1. Agency Legal Services $75,000 '"' iIlI 2. Agency Consulting Services $20,000 ,. .. ... 3. Agency Professional Services $170,000 ... ... 4. Agency Administration $359,000 .... ... .... 5. Fiscal Agent - Bond Monitoring $20,000 ... .... ,... .. "" .. "" .. Administrative expenditure which allows for the implementation of Uptown Redevelopment Project Area activities. Administrative expenditure which allows for the implementation of Uptown Redevelopment Project Area activities. Administrative expenditure which allows for the implementation of Uptown Redevelopment Project Area activities. Administrative expenditure which allows for the implementation of Uptown Redevelopment Project Area activities. Administrative expenditure which allows for the implementation of Uptown Redevelopment Project Area activities. 90 I'" .. ,... '- :) "" .. 6. Weed Abatement $5,000 Removal of visual blight throughout the throughout the Uptown Uptown Project Area. Project Area on Agency- owned property. ... I'" iIIII ; .. Funding Sources ... i. The Agency has identified sources of funds for the programs and activities planned over the next five years in the Uptown Project Area. These funding sources include: ... . Sale of tax allocation bonds supported by tax increment revenues from the Project Area. It is important to note that most of the Uptown Project Area bond funds have be encumbered for existing expenses. .. ... iIIII . Tax increment revenues over and above the amounts required to cover debt service on the tax allocation bonds. ,.. .. .. The following illcrement Projection Table indicates that the tax increment projections for the next five (5) years are conservative and total $196,230 for the five (5) year period. The category of "Current Obligations" includes obligations to set aside funds into the Low and Moderate Housing Fund, to service existing debt on previously issued bonds, and to meet existing contractual obligations. ill accordance with previous Agency practices, transfers to other project areas from Uptown Project Area will be made (as needed) in order to address tax increment shortages for the other project areas. It should be noted that a variety of factors influence and affect the level of tax increment available for projects. Factors which may increase the amount of tax increment available for projects, include but are not limited to, improved property values within the project area, improved economic conditions, and public/private partnerships in which the Agency receives a return on its investment. ... iIIII "" .. .. iIIII ... ... .. "" .. ... iIIII "" .. ... .. ,.. .. 91 ,.. .. l1li c () ... ~ ... ... Uptown Net Increment Projections to. ... ~ ... 1994-1995 $430,145 $86,029 $269,640(2) $74,476 1995-1996 $438,748 $87,750 $324,558 $26,440 1996-1997 $447,523 $89,505 $328,578 $29,440 1997-1998 $456,473 $91,295 $332,218 $32,960 1998-1999 $465,603 $93,121 $339,568 $32,914 (1) Includes debt service and existing contractual obligations (2) Includes ERAF payment ... to. ... ... ... ~ I. ~ .. ~ , , l1li ... .. ... ... ... .. ... .. ... ioo ... .. ... .. ~ l1li 92 ~ ... I I I I I I I I I I I I I I I I I I I r r\ - '"' '"' ~ CITY OF SAN BERNARDINO UPTOWN REDEVELOPMENT PROJECT AREA Date PART A .. .j m~ if 'Il~' j = '\lI.,-JI~~LJ=LJLJ\,d ~ ,~ J~r f' ~ ~l. T., DODD = l1J ~ ~ ) Ll,,.--L-:I- -+- ~';""'i<'{J ~ "',".- - ~Ef. . ~I~ Wi'Ji!7'''' ,.-;;;,~.r- .:t: 1::.-;;.JJ~ ,..- - ~~, , ,..t,""" ,r r ! l,..' II ---~ ~~ - m.."" . - ',,,.. I:'" ..... ~~ "","H .;:;---' W-" ,', .' II /" :< 1< ~l" ., '" --~ / !! j ! ~ .. .. 'f';l.- , 7' \\\ ""N. :~>,~ ~ -;. ,..,~~-" ~TlI "'':''.If ".'L ,~ r:y:' ':'i \\ H :;j.,.,Q.1 ~." ""J::! p:;:il1 I 11 ft:..J I I ~1. r' = c ~ ~pp;>> II > ;~ I Ur-~ID -" .' I ;L,..".,. 'l. r 1 - I B:,.- 1, ' . I . ~ I ~ d r '" f '''ff,. 1I""''":T E3r-;,~ .r-~ ;:::. '='::'<!~!~ GC. \ ~_. ".1 '. "'. ~ 1 '(f) I "".J ~ J I I" . ~ - -. I" \\ ~i1:fj I r=lfi= ,"- , i'--. I I, I ,....:~-~' \ .. ,~r [IT - Q~ .'6...... f~~;j \ I r .....~ ,~~. r ~ .ff.. f.:f I J~ , ,,) I~ '\0 i1", "I ',\\ ~ '\ r/!h. II...~ l~:.. :.,~,\ ~;~~~ -e; '. \ \'\', (IIIUI- r . ~I l~ = ""'1- ~\!2~~\ ---'rl, " \ \ 11\\\ T! ~f I.. JIIV)(- ~ -L' r,--R' '?' " JUS,,':" .!, . "/L-",' ~r ......1 . Ir ~ ,:" ::::; '.1 r . ;'l ,< .. ~ ,I.,.",. II ., I II "I. kl I vI ~ General Plan ILand Use l' H i: .~. ""'I -," , I rJ Designations NORTH ~ C.Oll.(6l OR .. J..",'w...1 ! F;; .i.L.~J rcG[f,1'5ll'j Commercial General. h;;, ~I ;..~r~:<' o JO""p'r:O""" I ;==. ~ l .,110I'- Industrial Heavy , ,,' -''' . i--3\~'1 '> . ..... . ~ "j . ~ ~.I'" I IL I Industrial Light ..! ~'C:(-,\ II ~I., 1!:1~ . RS , Residential Suburban c...S 'f~ :. ~ ( r..r. - ~ ~: ' ~;, 'l~~ "I ) r-::&, nfTl~-'t." :11 ],0_ dIMf~,0(~--J/.' . .~c~co I I I I I I I I I I I I I I I I I I n tl f) CITY OF SAN BERNARDINO UPTOWN REDEVELOPMENT PROJECT AREA Date PART B .. " " ~ .~,~ ~tt I' ,:-;:' ( l -$ Ir ...; ~t1 ,(lool""" ., I - - ~ 0 0 c J ~. ....., 0 0 .C OJ " . .>01 " ""t... j r<> <T . 'of' , , -- ~"..., ".... . . Hl'~I... "IWLJ~fil! 1 ""Li Q " t:::!r ~ r- 'll'ifl ""I'~ s', if) ]'"0 r . ~. , '~,i' I~P~ "or _ _ ,~c=:; ",," ol:l N' ~O- ',ii.;, "~O'; j: . '.-. . D~ ,t ,;:: ~~ ~~~ ... '; ~,r it:]~ ~ - -J ~\~n i l~ '" 1\4.11 [IJ[ J., d-"'I "'" ~ ,~ ,'11, .~ 'rnr i fZ.>(\," ~ ~~ I\lPW ~~ J TO T.~. [ li~IL ~~=L' iF. '~ ," '" .'111 ~ (,0"-' , ... I", ~ .... '" jl -~ i- '1.. ~~ l~""'" I: "n" I J . r ~ q:~.M C/O I. ~ (.O~ II~ ;~~'l ~ j ~.~ I . t' ~. ''':2. I I . ' I I V Illr'" ~ ~"\ '..--i~ .... .~ ~~ 'I~ sr :::JL9\ ~ :=3lJ r-- I: I ::JC21 IT ';'f ~ 0J c= \V ~I~ ~ i . ~ ~ s~~1" i (2..,' .. .)," ':"~ J~ : f iJ ll.( vr- r '''- -- I~~ '''Sl LINE llfU"'Gf ".. ~ u Ill_ i T.~ .- ,- ., L LW =_ d F~ [ , - . < ~i"\ U Ji '~- -I nJ ] ~~I;, . t!::l D~"'?' I .,~ ..01 ---.J :. I.,... I ~ ~ ,.... '., v~ .. , ,- ., , " " .' Iv . fl'! ~ ~ -' . "1l- - ~ ; ,eft - IR~I,~ f: n" b-:t,- . r-1~l= II' ,I~I t ~;~~II"~~ I~ [m~ J ~~ ..~. In - -- OIl.lMO~ _11: XiJ G~'~ General Plan ILand Use Designations l' NORTH 1L6.QiX'J1.i5)1ii1 Commercial General I CO (1-2) I Commercial Office I IL' I Industrial Light I PF I Public Facility I~M..~ Residential Medium II!!!!!..... Residential Medium High IIRl!lr(,1I!!2.)"1 Residential Urban ... Iio ... ... ,.. .. r" Iio ,.. ... ,.. i.. po Iio ,.. Iio ... ... ,.. .. ... io. - *- ,.. .. ... .. - .. ,.. ... ... Iio po .. ,.. I. c o J. MT. VERNON CORRIDOR PROJECT The Mt. Vernon Corridor Redevelopment Project Area was adopted by the Mayor and Common Council/Community Development Commission on June 25,1990. The Mt. Vernon Corridor Redevelopment Project Area is located in the western section of the City. The Project Area is divided into three (3) subareas identified as Subarea A, consisting of 1,722 acres, Subarea B, consisting of 115 acres, and Subarea C, consisting of 101 acres. Subarea A incorporates commercial uses along its main thoroughfares, Mt. Vernon Avenue and Foothill Boulevard. The northwest portion of this subarea is uses as public flood control land. Subarea B features light industrial and heavy manufacturing. Residential uses are predominate along the freeway between Fifth Street and Baseline. Subarea C consists entirely of flood control land, and is west of the Interstate 215 Freeway and northwest of Orange Show Road. Original Blighting Conditions The primary blighting influences at the time of plan adoption for the Mt. Vernon Corridor Project Area are described briefly in the paragraphs below, and can be summarized as follows: Age, deterioration, and dilapidation of structures. . Mixed character and shifting of uses. . Defective design and physical construction. . The laying out of lots in disregard for the physical character of the ground and surrounding conditions. . Depreciated values and impaired investments. . The existence of lots of irregular form and inadequate size. The existence of inadequate public improvements. At the time of plan adoption, properties within the Mt. Vernon Corridor Project Area were improved, or partially improved with a mixture of commercial, industrial, and residential uses, as well as various public/quasi-public and open space sites. Due to the conditions of the Mt. Vernon Corridor Project Area, a serious economic burden was placed on the community. The conditions which resulted in a negative burden on the community include 95 ... ... c ""-" ... ... dislocation, deterioration and disuse resulting from faulty planning, the subdivision and sale of lots of irregular form and shape, and inadequate size for usefulness and development, undevelopable residual parcels resulting from county flood control and State highway construction, and a prevalence of impaired investments and economic maladjustments. .... ... .... ... Economic conditions in the Mt. Vernon Corridor Project Area are characterized by three factors: I) business migration out of Project Area; 2) commercial vacancy factors; and 3) impaired investments. Social blight is characterized by trends and conditions indicating increases in crime, transiency, and general social maladjustment. "'" .. ... Specific blighting conditions within the Mt. Vernon Corridor Project Area are related to deteriorating building conditions, declining property condition, inadequate seismic and structural reinforcement, buildings without fire sprinklers, existence of asbestos, exposure to noise,lack of access for the disabled, building code violations, and age and obsolescence of structures and improvements. Building conditions, property conditions, and factors that indicate functional obsolescence are common in the Mt. Vernon Corridor Project Area. "'" II. .... "'" II. ... Economic Blight within the Mt. Vernon Corridor Project Area is evidenced by a steady decline in many of the economic indicators including decreasing assessed land values, lack of new business formations, business relocations of the Mt. Vemon Corridor Project Area, rising unemployment fIgures, declining retail sales, and a reduction in household income and public expenditures. Other economic indicators show that the market is depressed and that the feasibility of rehabilitation of many of the older and dilapidated structures is very poor. r' .. ... .... Conditions of severe social blight are also prevalent within the Mt. Vernon Corridor Project Area. SpecifIc indicators of population, economic status, housing, crime, transiency, and mental health combine to show that social blight pervades the Project Area. On average, Mt. Vernon Corridor Project Area residents earn considerably less than residents outside the Project Area. Crime, transiency, mental health problems, and alcohol and dmg addiction are far more prevalent within the Mt. Vernon Corridor Project Area than in the rest of the region. "'" II. ... ... ... ... Many of these blighting conditions have begun to be addressed by the Agency through the development of new projects, both public and private. The Agency has participated with owners in the Mt. Vernon Corridor Project Area to implement projects. Despite these efforts, many of the blighting conditions listed above remain. "'" ... ... These conditions of blight and the subsequent under productivity of the Mt. Vernon Corridor Project Area have placed the subject properties in a very unfavorable competitive position with respect to newer and more comprehensively planned developments. ... ... '"" II. ,.. .. 96 ,.. .. ... r"" \......- :) ... - ioo Reasons for the Selection of the Project Area ~ ... The selection ofthe boundaries of the Mt. Vernon Corridor Project Area was originally guided by I) the California Health and Safety Code, 2) physical, social, and economic conditions in the area at that time, and 3) the following Agency objectives: ... ... . Eliminate the conditions of blight existing in the Mt. Vernon Corridor Project Area. ... ... . Ensure, as far as possible, that the causes of blighting cunditions in the Mt. Vernon Corridor Project Area will be either eliminated or protected against. ... - Provide participation for owners and business tenants in the Mt. Vernon Corridor Project Area through the use of Disposition and Development Agreements (DDA) and Owner Participation Agreements (OP A). ~ ioo ".. Encourage and ensure the redevelopment ofthe Mt. Vernon Corridor Project Area. ... ~ Encourage and foster the economic revitalization of the Mt. Vernon Corridor Project Area. - . Improve the public facilities in the Mt. Vernon Corridor Project Area to provide safer and more efficient public services. ... ... Agency Activities ... - As identified in the Report to the City Council for the Mt. Vernon Corridor Project Area, there were detrimental physical, social, and economic conditions that were negatively impacting this section of San Bernardino at the time of plan adoption. The Agency had proposed to alleviate these conditions by undertaking a comprehensive program of public improvements and by providing a variety of development incentives that was intended to stimulate new development and rehabilitation activities in the Mt. Vernon Corridor Project Area. ... ... - ... ... This section will examine the redevelopment activities that were initiated by the Agency in an attempt to achieve the goals stated above, and facilitate the elimination of blighting conditions presented herein. ~ ... "" Since plan adoption, the Redevelopment Agency for the City of San Bernardino has initiated a number of projects in the Mt. Vernon Corridor Project Area. The following is a list of major projects and activities completed in the Project Area within the past five (5) years: III III ... . Project Home Run Infill Housing III ... .. 97 ... .. ... c o ~ ... ~ Adopted Mt. Vernon Corridor Redevelopment Project Area Plan ... ~ Initiated a Market Feasibility study for the development of a theme shopping area in the Mt. Vernon Corridor Project Area. ... ~ . Taco Tia Restaurant Off-site Improvements "'" ~ . Paseo Las Placitas Specific Plan . Anita's Bakery Small Business Loan ... ... Santa Fe Antomobile Distribution Facility ... . Metrolink Commuter Rail Station too ,... Planning & Design for Santa Fe Depot Restoration ... Acquisition and Demolition of Substandard Structures Including Property located at 578 North Mt. Vernon Avenue. ,... .. Current Conditions ... ... The original blighting conditions described previously, have been partially eliminated from the Mt. Vernon Project Area. As a result of Agency activities, the area is now characterized by opportunities for future growth and development. The development of the Specific Plan for the Mt. Vernon Corridor will allow for well planned development. The unique ethnic flair of the Mt. Vernon Corridor provides a theme for many future developments. There are however, blighting conditions that remain, and continue to impair private investment and development activity in the area. These conditions include: ... ,... ... ... ... Unsafe and unhealthy buildings due to serious code enforcement violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. ... ... ... Buildings in which the economic viability is substantial hindered due to substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. ... .. ... Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of sites within the Uptown Project Area. .. ... Existence of subdivided lots of irregular fonn and shape and inadequate size for proper usefulness and development. ... ... 98 ~ "'" .. ... .. - .. ... ... - ... ... - ... .. ,.. to. ... ... ... ... ... .. ... .. - - ... ... - - ... .. - - - ... - .. ... .. - r-- \"...i ~ '",*, Depreciated values and impaired investments. . The existence of inadequate public improvements including sufficient access to the area which is the result of circulation problems. Lack of adequare, affordable, quality housing. . Lack of necessary commercial facilities that are normally found in neighborhoods, such as grocery stores, drug stores, and banks. . Residential overcrowding or an excess of bars, liquor stores or other businesses that cater exclusively to adults, and consequently has had a negative effective on public safety and welfare. . A high crime rate which constitutes a serious threat to public safety and welfare Five Year Program The Agency's principal goals and objectives for the Mt. Vernon Corridor Project Area over the next five year period will continue to focus upon infrastructure upgrades and the development of vacant, or underutilized parcels with new, employment intensive uses. Some of the Agency's goals for the next five (5) years include: Implementation of the Paseo Las Placitas Specific Plan . Creation of incentive programs for existing property owners to reinvest in their properties. . Creation of viable housing options within the Mt. Vernon Corridor Project Area that span a range of incomes, including housing for the homeless and fonnerly homeless. . Creative implementation of catalyst projects which spur reinvestment on surrounding blocks. Land acquisition for the creation of public facilities which serve both the immediate neighborhood and the community at large. . Enhancement of ceremonial streets which function as the focal points of their individual neighborhoods. Continued preservation of historically significant structures. 99 -.- - ... l-'." ,) ... '-' ... ... Improvements to existing water and sewer lines, streets, sidewalks, parkways, and lighting in the public right-of-way. - ... . Continued participation in the enhancement of the public infrastructure system. ... ... Acquisition and disposition of property to abate nuisance uses and provide for future development. ... ... Specific programs and potential projects and activities that are proposed for this time period are outlined below. The Matrix shown in the following table summarizes these program!projects and indicates which blighting conditions will then be alleviated. Approximate project costs are also presented for each activity. Iloo ... ... A number of programs and potential projects have been identified which would reduce or eliminate many of the blighting influences listed previously. Whereas State law requires a five-year implementation plan regardless of economic conditions existing during the five- year period, it should be understood that the timing of these program/projects may be greatly influenced by the recession and the ability of the private sector to respond to Agency initiatives. The program/projects and expenditures represented below rely on the private sector's ability to obtain fmancing for projects as well as the Agency's ability to maintain and increase its tax increment flow. If Agency funds are depleted due to new requirements imposed by State and local legislation or actions, it is unlikely that projects listed below will be implemented completely. ... ... ... Iloo ... ... - ... ... Mt. Vernon Corridor ProgramlProject Matrix ... ... ... EXISTING OBUGATIONS - ... 1. Employment Linkage Assistance for New Age Waler Technology $1,000 Lack of investment and reinvestment in the Mt. Vernon Corridor Project Area; depreciated values and impaired investments which are alleviated with Agency assistuance. - ... ... ... 2. Metrolink Security, $300,000 Maintenance and Operational Expenses Depreciated values and impaired investments; a high crime rate that constitutes a serious threat to the public safety and welfare ofresidents. ... ... .. ... 100 .. ... .. ... c o .. "" i. ... 3. Agency Legal Services $165,000 Administrative expenditure allows for the facilitation of Mt. Vernon Corridor Redevelopment Project activities (i.e. administration of OP A and DDA). 4. Agency Consulting Services $42,500 Administrative expenditure allows for the facilitation ofMt. Vernon Corridor Redevelopment Project activities (i.e. administration of OP A and DDA). 5. Agency Professional $260,000 Administrative expenditure allows for the Services facilitation of Mt. Vernon Corridor Redevelopment Project activities (i.e. administration of OP A and DDA). 6. Agency Administration $762,000 Administrative expenditure allows for the facilitation of Mt. Vernon Corridor Redevelopment Project activities (i.e. administration of OP A and DDA). I""' ... ,... ! i. ... .. ... ... ... "" ... ,.. i. Funding Sources ,... .. The Agency has identified sources of funds for the programs and activities planned over the next five years in the Mt. Vernon Corridor Project Area. These funding sources include: ... Future sale of tax allocation bonds supported by tax increment revenues from the Mt. Vernon Corridor Project Area. ... ... .. Tax increment revenues. It is important to note that most of the Mt. Vernon Corridor Project Area tax increment has been earmarked for anticipated expenditures. ... ... The following Increment Projection Table indicates that the tax increment projections for the next five (5) years are negative and that the Agency does not anticipate a surplus of tax increment revenue. The negative figures projected are the result of Agency obligations to set aside funds into the Low and Moderate Housing Fund, to make Mt. Vernon Corridor Project Area pass-through payments, and to meet existing contractual obligations. In accordance with existing Agency practices, loans from other project areas will be made to the Mt. Vernon Corridor Project Area, as necessary, in order to address obligations. !"" - ... .. "" ... ~ ~ ,.. .. 101 ,.. l. ... c :) .. ... ... Mt. Vernon Corridor Net Increment Projections ... ~ ,.. ,~ ... ... 1994-1995 $159,377 $31,875 $180,500 $(52,998) 1995-1996 $162,565 $32,513 $364,500 $(234,448) 1996-1997 $165,816 $33,163 $368,500 $(235,847) 1997-1998 $169,132 $33,826 $371,500 $(236,194) 1998-1999 $172,515 $34,503 $375,500 $(237,488) (1) Includes pass-tluoughs, and existing contractual obligations r I. ... I.. ... ... ~ r I. ,... II. ... ... ... ... ... ... ... ... ... II. ... .. ... IIIl 102 ... IillI I I I I I I I I I I I I I I I I I I I r - f"'\ - n CITY OF SAN BERNARDINO MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA Date General Plan ILand Use 1"- Designations NORTH Il€.CllI~1I!5)1I1 Commercial General 1~l:;L~1 Commercial General' I-.aEl-1 Commercial Heavy IE .~ Industrial Extractive ...... Industrial Heavy I IL I Industrial Light I PF I Public Facility I PFC I Public Flood Control I PP I Public Park I~F.IMWt Residential Medium RS I Residential Suburban lIiUl(~1 Residential Urban 'Theme Center Specific Plan .. PART A I I ~ I I I I I I I I I I I I II I I I I I - - ,..- fl --... o CITY OF SAN BERNARDINO MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA Date PART B ND General Plan ILand Use l' Designations NORTH ~ f~c., ~~IIIII Commercial General ...c::a_1 Commercial Heavy J IE "."1 Induslrlal Extraclive ~ Induslrlal Heavy I IL I IndustrialUght I PFC I Public Flood Conlrol I PP I Public Park I_AM'" Residential Medium RS I Residential Suburban ......"".n US( . ~~8~~m m ~ 5ll1.J T'......D.. Jbo~ ~ , ~~{U. ., I I ~ I ~I I I I I I I I I I I I I 'I I n n - " .... Date PART C "" !:-,:=:..."" '~Aott, &.' , .....0 ~-~: .,"~ .00-50.. ... ., - , . -.-.-- ".- General Plan Iland Use 1'" Designations NORTH r I~~II Commercial General ._ Industrial Heavy I IL I Industrial Light 1:- -'PFllMIl Public Facility PFC I Public Flood Control I RS I Resldentlat Suburban :j' I , . ,,~ . . . ~. I ,''{ , 'l .,t ' " ... ... "'" "'" III. ... ... 1. I'" , ll. I'" 1 .. ,.. .. "'" ... "" I .. I'" .. '"" .. .. "'" ... 100 ... "'" II" .. II" .. '"" l. C "" .. '"" ... c ..-... ........,. REPLACEMENT INCLUSIONARY HOUSING PLAN PURPOSE AND CONTENT The following document is the Housing Affordability Compliance Plan (the"Compliance Plan") for the City of San Bernardino Redevelopment Agency. This Compliance plan has been prepared to meet the requirements of Section 3 3413(b)( 4) of the California Community Redevelopment Law, Health and Safety Code Section 33000 et. seq. (the "Law"). Section 33413 (b)(4) was added to the Law by the adoption of Assembly Bill 315 ("AB 315) in 1991, and amended, along with other provisions of, by the Community Redevelopment Law Reform Act of 1993 Assembly Bill 1290 ("AB 1290"). As amended by AB 1290, Section 33413(b)(4) requires the Compliance Plan to be adopted by the Agency prior to December 31, 1994, as part of the implementation plan required by the Law. Health and Safety Code 33413(b)( 4) states that redevelopment agencies adopt for each project area a plan for meeting low and moderate income housing production requirements. This Compliance Plan sets forth the Agency's program for ensuring the appropriate number of very low, low, and moderate income housing units to be constructed within the city of San Bernardino's Redevelopment Project Area's (herein referred to as the "Project Area") over the next ten (10) years. As such, tlus Compliance Plan has been developed to accomplish the following goals: * To list and identify all redevelopment project areas and dates of adoption. * To list all residential units coustructed after the adoption of the specific redevelopment project areas. * To list all residential units demolished after the adoption of the specific redevelopment project areas. * To identify for each redevelopment project area all Agency assisted residential housing projects that were either Bond financed, CDBG financed, HOME financed, Rental Rehabilitation Program financed, and Low and Moderate Housing Fund financed. The Replacement, IncIusionary Housing Plan has three main components as follows: A. ADOPTION: On or before December 31,1994 and each year thereafter, each agency that has adopted a redevelopment plan prior to December, shall adopt, after a public hearing, an implementation plan that shall contain the specific goals and objectives of the agency for the project area, the specific projects and expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, projects, and 106 ,.-" '-" o expenditures will eliminate blight within the project area and implement the requirements of Sections 33334.2, 33334.4, 33334.6 and 33413. B. FREQUENCY OF ADOPTION: The implementation plan shall include the number of housing units developed, rehabilitated, price-restricted, otherwise assisted, or destroyed. TIle implementation plan shall describe the agency's plans for using annual deposits in the Low and Moderate Income Housing Fund, including making the funds available annually, transfer of the funds to a housing authority or other public entity, or the accrual of funds for specific projects. C. CONTENTS: If the implementation plan contains projects that will result in the destruction or removal of dwelling units, the implementation plan shall identify proposed locations suitable for those replacement dwelling units. Current Law: Housing Production - Health and Safety Code 33413 does not specify when a plan must be adopted. Guidelines produced by the California Department of Housing and Community Development (HLO), discussed in Section IV, suggest that agencies should have adopted or have been at an advanced stage of producing a plan by January 1, 1993. SUMMARY OF REPLACEMENT, INCLUSIONARY HOUSING PLAN Participating Agencies - Cooperation and Coordination. Recent legislation (AB 315, Chapter 872 of 1991) requires redevelopment agencies to adopt and periodically update a plan to ensure compliance in each project area, within five years, witll existing criteria in Health and Safety Code Section 33413 regarding the affordability mix of new or rehabilitated housing. While Housing Community Development (HCD) has no statutory role to establish or enforce AB 315 plan requirements, it is believe that these views are entitled to deference from redevelopment agencies. The recently established Housing Division of the Development Department was given a role in gathering required data for the development of the Replacement, Inclusionary Housing Plan for 1994 that covers a period of five years. The process involved coordination with and collection of data from the following State, Count, City Departments, and Private Sector/Entities: San Bernardino County Office of the Assessor City of San Bernardino Planning and Building Services Department City of San Bernardino Development Department Housing Division City of San Bernardino Economic Development Agency Continental Lawyers Title Company Sabo and Green - Attorney at Law 107 "'" .. ... .. I'" ioo ... .. ... ioo ... .. I'" ... ... .. ... .. ... .. "'" ... "" .. ... .. ... .. I'" III !'" i. II" io. I'" i. "" II. 3. ~ r~ V '-" The City of San Bernardino elected to develop its Replacement, Inclusionary Housing Plan for the 1994 five year plan. Through the Development Department Housing Division, the consultant finn, Comprehensive Housing Services (CHS), Inc., coordinated the collection, analysis and composition of data for the Comprehensive Housing Affordability Strategy (CHAS) report. Furthermore, the Housing Division provided guidance on the proposed strategies to be addressed as well as directed the consultant regarding resources and programs to be used to implement the recommended strategies. While at the same time providing analysis and composition of data for the Replacement, Inclnsionary Housing Plan. CHS conducted a series of public meetings which allowed for citizens and organizations to provide input regarding housing conditions, housing stock, existing programs or new City- sponsored programs, and possible strategies and projects which would address the City's affordable housing and supportive service needs. Comments gathered at these meetings provided valuable information for future program and project development. At the same time, information compiled was used for the development of Replacement, Inclusionary Housing Plan. EXECUTIVE SUMMARY Since 1976, redevelopment agencies have been required to assure that at least thirty percent (30%) of all new or rehabilitated units developed by an agency are available at affordable costs to households of low (51 %-80% of area median income) or moderate (81 %-120% of area median income) income. Of this thirty percent (30%), fifty percent (50%), that is , fifteen percent (15%) of the total project area units developed or rehabilitated by the Agency, are required to be available at affordable costs to very low (50% or below of area median income) households. Further, Section 33413 requires that at least fifteen percent (15%) of all new or rehabilitated dwelling units developed within each project area by entities other than an agency be made available at affordable costs to low or moderate income households. Of this fifteen percent (15%), forty percent (40%) of the dwelling units, that is six percent (6%) of the total units developed in the project area, are required to be available at affordable costs to very low income households. These requirements are applicable to housing units in the aggregate and not to each individual case of rehabilitation, development, or construction of dwelling units. The compliance plan is designed to meet the production requirements summarized above for each project area. The compliance plan must include estimates of affordable units to be developed and the compliance plan must be consistent with the jurisdiction's housing element and must also be reviewed and, if necessary, amended at least every five (5) years in conjunction with the cyclical preparation of the housing element. If at the end of each ten (10) year period, the production estimate is not reached, the Law requires that the Agency meet the production goals on an annual basis until the requirements for the ten (10) year period are met. Should the Agency exceed the production requirements within the ten (l0) year period, the Law pennits the Agency to count the units that exceed the requirements to meet housing production requirements during the next ten (10) year period. 108 c o AB 1290 amendments will only be in effect until December 31,1996 illness the State Legislature extends the effective date of the current provisions of Section 33413. If the effective date is not extended, the requirements of Section 33413 as it existed prior to AB 1290 will become applicable again. Relevant portions of Section 33413 which may terminate in 1997 include: Section 33413 (b)(2)(A)(ii) which provides that the Agency's obligations under Section 33413 may be met by providing affordable housing outside the project area on a two-for one basis; the defInitions of "substantially rehabilitated dwelling units" and " substantial rehabilitation" contained in Section 33413 (b )(2)(B) which allows the Agency to purchase long-term affordability covenants on existing multifamily units; and Section 33413 (c)(2) which allows the sale of affordable owner occupied units at market rate if replacement unit or units are provided within three (3) years of the sale. For the purpose of this Compliance Plan, it is assumed that the current provisions enacted by AB 1290 will remain in effect during the ten (10) year period of this Compliance Plan. If the effective date of the existing version is not extended past December 31,1996, this Compliance Plan will need to be reviewed to determine if revisions are required. A. DEFINITIONS AND DATA COMPILATION This Compliance Plan includes fIgures for existing residential construction and substantial rehabilitation. The following sections defme "new construction" and "substantial rehabilitation" as used in this Compliance Plan, as well as the methodology used for collecting data on the existing residential housing. 1. NEW CONSTRUCTION: Construction statistics were provided by City Planning staff because the Law does not establish a clear defmition for new construction, Agency staff, consultant, and legal counsel formed a "defInition" of what would be considered new construction for the purposes of this Compliance Plan. Dwelling units with building permits issued since the adoption date of the Project Area were considered to be new construction; therefore, these units would fall under the requirement for production of affordable housing within the Project Area. Projections are affected by nwnerous complex factors as: the general health of the local regional, and national economy; employment levels; competition; and inventory of existing housing. Based upon the recent economic trends, a projection of new units to be constructed over the next ten (10) years is difficult. Projections for future dwelling units to be constructed within Project Area used in this Compliance Plan are based upon existing land uses and recent historical trends of building permits issued for residential units. City Planning staff does not anticipate that the Project Area will experience build out within the ten (10) year time frame (1994 thtough 2004) covered by this Compliance Plan. 109 - o 8 ... ... ... 2. SUBSTANTIAL REHABILITATION: ... ... The Law, as amended by AB 1290, defines "substantial rehabilitation" as: .. "...substantially rehabilitated multifamily rented dwelling units with three or more units or substantially rehabilitated, with agency assistance, single family dwelling units with one or two units." "" .. ... As defmed by AB 1290 "substantially rehabilitated dwelling units" means; ~ ... " .. .rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the land value." There is a standard defmition of " rehabilitation." For the purposes of Section 33413 (b), two special cases should be considered: ... ... ... ... ... 1. Rehabilitation that creates new housing units from previously nonresidential structures can be considered "new units." ... 2. Rehabilitation that increases rents or costs and removes units from an affordable category should not be counted for purposes of an AB 315 plan, since it triggers an obligation to provide replacement. The agency should be tracking a replacement obligation for such units. ... ... ... ... Rehabilitation that maintains rents (not necessarily affordable rents )should be counted. Aside from the special cases above, there are several workable, reasonable defmitions of rehabilitation which an could use, together or separately. Housing Conununity Development California Housing Rehabilitation Program--Rental (CHRP-R) defmes rehabilitation as repairs and improvements to substandard housing (substandard being defined as violating at least one provision of State Housing Law standards) necessary to return it to standard condition. .. ... ... ... ... For another example, Health and Safety Code Section 50097 allows "rehabilitation" to include, for purposes of certain programs, room additions to prevent overcrowding of low-income or moderate-income households, and changes in grade continued operation of affordable housing (in this particular case mobilehome parks in flood conditions). ... ... .. r" i.. Section 33413 (b) (10 says, in part, "At least 30 percent of all new or rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 50 percent of the [30 percent] shall be available at affordable housing cost to, and occupied by, very low income households (emphasis added)." !"" ~ "" ... '" II.. 110 .... o :) .... I"" .... Section 33413 (b) (2) says, in part, " At least 15 percent of all new or rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 40 percent the [15 percent] shall be available at affordable housing cost to very low income households (emphasis added)." The following statutory definitions of the underlined terms apply. They are tied to redevelopment law by references in Section 33334.2. ... ... ... .... ... .. "Affordable housing cost" is dermed in Health and Safety Code Section 50052.5. This section also includes by reference, standards for" affordable rent" which is dermed in Section 50053. I"" iIo. ,.. .... "Persons and families oflow or moderate income" is dermed in Health and Safety Code Section 50093. In practice this category is dermed by the income limits published in regulation Section 6932. ... "Very low income households" is dermed in Health and Safety Code Section 50105. In practice this category is defined by the income limits in Section 6932. - ... - The components of rent and housing cost (i.e., utilities, taxes, etc.) are dermed in the California Code of Regulations, Title 25, Division I, Chapter 6.5, Sections 6918 and 6920, respectively. ... ... - Section 33413 (b) (1) differs from (b) (2) in requiring that the units required to be "available at affordable cost to very low in come households" must also be "occupied by" very low income households" must also be "occupied by" very low income households. The former phrase means that the occupants must qualify on the basis of income when they move in, but may gain in income without affecting the compliance status of their occupancy. The latter phrase means that if a household that had a very low income when it moved in increases its income until it no longer qualifIes, then tlle occupancy no longer meets the standards of Section 33413 (b) (1). ... ... ... ... .... .... Housing element law requires the element, among other things, to "set forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve tIre goals and objectives of the housing element through... the utilization of monies in a [redevelopment agency's] Low and Moderate Income Housing Fund" (Government Code Section 65583 (c)). This language invites the integration of AB 315 goals and actions into the housing element's overall objectives and program sections as described in Section 65583 (c). ... .. ... ioo .. There also are direct statutory links between redevelopment and housing elements which AB 315 plans should take into account: .... .. I'" .. "" 111 .. ... ... ,.. ... ,.. ... ". .. ,.. .. ,.. .. ,.. ... ... ... ... l. ... ... ... ... ... .... ... ... .... ... ... ... ... .. ". ... ,.. .. ,. ... r- i.....- o The local housing element is required to analyze the situations of" existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use" (Govemment Code Section 65583 (a) (8) ). The element is also required to "consider the use of all... subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to... tax increment funds received by a redevelopment agency" , and to include program actions to "Preserve for lower income households the assisted housing developments identified pursuant to paragraph (8) of subdivision (a) [quoted above]." Redevelopment law supports this use of set-aside funds by declaring the preservation of the affordability of existing assisted housing to be an eligible redevelopment activity. 4. PROVISION OF AFFORDABLE HOUSING TO DATE For all redevelopment projects adopted after January I, 1976, Health and Safety Code Section 33413 requires that affordable housing be provided in conjunction with: (a) the destruction or removal of existing affordable dwelling units within a project area by direct or indirect involvement of a redevelopment agency; and (b) development of new or substantially rehabilitated dwelling units within a project area. 5. ANALYSIS AND SUMMARY OF DATA The following data was compiled to determine the number of demolished or new units built within redevelopment project areas. Each project areas date of adoption was needed to determine what sort of development had occurred since the time of adoption. At the same time it would provide information as to whether there had been more demolished units in a project area. It was the goal of the Replacement, Inclusionary Housing Plan to identify residential units that may have been demolished, and if so, were they replaced with new units or commercial units. Upon completion of the processing of the following information, it became apparent that within each project area there had been more new construction of residential property than the demolition of residential property. The following procedures were used to obtain information, in regards to the Nine (9) Redevelopment Project Areas which includes the Inland Valley Development Agency (IVDA) project area. Upon receiving the following fIles as stated below, staff proceeded to survey those Redevelopment Project Areas, for demolished or new construction of residential property that have occurred within these project areas adoption dates. With completion of field survey, staff proceeded, to analyze each of the high density ftles of all parcels with each development area. Staff then, proceeded to write down if there was a demolished or a new residential construction project that had taken place. 112 ... ... ... .. ... ... I"" ~ I"" .. "" ~ ... .. .... .. .... ... "" ... ... io. ... .. ... i ... ... ... ... io. ... .. I"" .. "" ... .. II. - /"- \- o The following three sections (A,B, and C) identify the number of dwelling units which have been destroyed/removed, constructed, or substantially rehabilitated within the Project Area to date. PROJECT AREAS CENTRAL CITY EAST CENTRAL CITY WEST TRICITY SOUTH VALLE SOUTHEAST INDUSTRIAL MT. VERNON UPTOWN NORTHWEST CENTERAL CITY SOUTH IVDA ADOPTION YEAR DEMOLISHED NEW 1977 1976 1982 1984 1976 1983 1986 1990 1976 47 192 2 6 0 36S 0 68 0 0 1 80 3 16 2 100 0 10 0 264 SS 1101 1990 TOTALS: 113 - ... .. l"" io. ... ... ... .. ... ... ... ;.. l"" ... ... ... ... ... ... ... ... ... ... .. ... ... ... .. ... ... ,.. ... ... ... l"" .. l"" .. c o A. TABLE 1: DEMOLISHED UNITS OF SAN BERNARDINO TOTAL UNITS DEMOLISHED 55 C.C. SOUTH IVDA NORHlWEST - UPTOWN MT.VERNON SOUTHEAST INDUSTRIAL - SOUTH VALLE C.CITY EAST C.CITYWEST TRI CITY o 20 40 50 10 30 114 ... .. ... .. c o B. TABLE 2: NEW UNITS OF SAN BERNARDINO ... ... ... ... ... ... ... ... ... ... ... ... ... ... C.C. SOUTH IVDA NORTHWEST UPTOWN MT.VERNON SOUTHEAST INDUSTRAIL SOUTH VALLE C.CITY EAST C.CITYWEST TRI CITY ... ... ... ... ... ... ... ... ... ... ... - ... - ... .. ,. .. ... 1M TOTAL UNITS NEW CONSTRUCTED 1101 o 50 100 150 200 250 300 350 400 115 ... c o ... ... ... .. The following information as provided was compiled by reviewing files which were fmanced by the following; Community Development Block Grant (CDBG) fmanced, Bond fmanced, Home fmanced, Rental Rehabilitation Program fmanced and 20% Low/Moderate Housing Fund fmanced. Staff proceeded to research high density flles to determine dates when loans were issued, then totalled all categories. ... , ... ... ... PROJECT OUTSIDE PROJECT AREA PROJECT-AREA TOTAL BOND ISSUED 0 1896 1896 RRP FINANCED 0 228 228 MAP 0 87 87 NEW HOME FINANCED 0 128 128 SENIOR HOUSING 0 146 146 20% SET-ASIDE 24 24 48 CDBG ~ 2lll ~ UNITS FINANCED 89 2710 2799 C. TABLE 3: ASSISTED UNITS ... ... ... ... ... ... ... ... ... ... ... TOTAL CONSTRUCTED ... ... ASSISTED UNITS 2,799 ,. .. RRP ... ... CDBG ... ... 20% SET-ASIDE ... SENIOR HOUSING ... NEW HOME ... .. MORTGAGE ASSISTANCE BOND ISSUED .. o 500 1000 1500 2000 .. .. ... """ II. 116 ... .. ... ... 6. ,.. ... ... ... - ... ... ... ... .. ... l. ... ... ... ... ... I'" ... ... ... ... ... ... ... .. ... ~ ,.. ... I'" .. '"" ... r' '-' o HCD GUIDELINES ON PROJECT AREA HOUSING PRODUCTION PLANS The Division of Housing Policy Development of the California Department of Housing and Community Development (HCD) has received a number of inquiries regarding the project area affordable housing production requirements. In order to provide guidance on these issues, HCD issued an advisory memorandum containing HCD's question and answer interpretations of several aspects of the housing production requirements. Key elements of the Inclusionary Housing Compliance Plan for the City of San Bernardino include; * An analysis of the Agency's obligation, to date, to provide affordable housing within the Nine (9) Redevelopment Project Areas. The percentage of housing units which must be restricted to affordable standards has been detennined through a review of past entitlement approvals for new construction, and by researching actual issuance of building permits in project areas. * A description of the programs/projects which will provide the percentage of affordable units necessary to meet the Agency's legal obligation over the next ten years. * An indication of potential future residential development by public or private entities within the project areas. The potential for future residential development will be detennined by a review of the various zoning designations, including General Plan, Specific Plan, and Redevelopment Plan overlays, within the project areas. 7. PROGRAMS FOR COMPLIANCE The requirements which restrict a percentage of units developed in the project areas to affordable standards, apply in the aggregate, and not to each individual case of rehabilitation or construction of units. Therefore, the Agency is not required to place affordability covenants on each of the residential projects proposed for the Nine (9) Redevelopment Project Areas, but may satisfy the Inclusionary obligation by producing a number of affordable units that is equal to 15% of the total developed or rehabilitated within the applicable project area. The requirements also state that restrictive covenants will remain in place for the longest feasible time, but for not less than the period of the land use controls established in the applicable redevelopment plan. The resulting restriction of units to the relevant standards of affordability will therefore remain in place. Due to the long term restrictions associated with inclusionary housing requirements, maintaining affordability standards on new for sale units, it is difficult to package, sell and implement. The appreciation in value that the new owner might expect from the investment is potentially depressed by the long term affordability covenants. Housing programs associated with new construction, including the reduction of land value in order to reduce the unit sale price, or the provision of low interest loans, or shared equity ("silent second" mortgage) programs are geared toward the fIrst time home buyer, but 117 - ... ... ... !"'" ... ... ... ... ill - ... ... ... - ... - .. !"" ... - ... - ... , - ... ... ... "'" ... po ilII ... .. I"" ill I"" .. c o difficult to package for long term affordability. Therefore programs designed for first time home buyers initiat" the availability of affordable housing but don't necessarily maintain the affordability of the unit over time. The flfSt time home buyer programs as an example provides an important benefit to the community by encouraging home ownership. A MULTI-FAMILY UNIT DEBT SERVICE WRITE-DOWN PROGRAM. A Debt Service write-Down Program may be applied to existing housing stock, within the project areas to create affordable units. Under this program, a lump sum write-down of an existing interest -bearing note will be offered by the Agency to reduce debt service on an existing multi-family apartment complex. In return, the property owner will execute with the City I Agency a recorded covenant requiring the continuance of affordable rental rates for a specified number of units for the life of the redevelopment plan. The percentage of units restricted to affordable rents will be based on the level of Agency assistance. Concurrently, a low interest loan might be offered to the property owner for the improvement of the property as necessary to conform to City codes. Rehabilitation of the property would, therefore, benefit the tenants, the surrounding neighborhood and the individual owner. Property maintenance covenants should also be applied to the Agency- assisted apartment complexes. The Multi-Family Rehabilitation program requires an allocation of $7,500,000 of Home Program Funds over five years. 8. OTHER CITY/HOUSING CONDITIONS The City of San Bernardino is a diverse, growing community with a long history dating back to the middle 1800's. San Bernardino developed like most cities, that is, around its basic commercial core. As times changed and sub-urbanization occurred, especially after Wodd Warn, housing was developed farther from the original downtown core in outlying areas. As this occurred, the existing central city residential and commercial core has suffered from lack of investment and maintenance which has resulted in deterioration and decay and less economic viability. Currently, there are four identified housing "needs" in San Bernardino. These needs include affordability/cost, physical inadequacies (condition), home ownership and homelessness. (1) AFFORDABILITY/COST Almost 37% of the City's household are paying in excess of 30% of their incomes on housing costs. This burden is most severe among the very low income renter households. Over 85% of those earning under 30% of the median income level are paying in excess of 30% of their incomes toward housing. Over 70% of this group pays in excess of 50% of their incomes for housing. Owners within the same income group also face a tremendous cost burden. Over 63% of these owner households pay more than 30% of their incomes to housing. As expected, this lower income segment of the population also have a high risk of becoming homeless should some disrnption in income or employment occur. 118 -~-_._---- - .. ,.. .. - .. "" .. "" ~ ,.. i.. - .. ,.. .. - .. - .. .. 10. - .. 9. - .. ,.. .. - ... .. .. ,.. io. "" .. "" ... -- r '- o (2) PHYSICAL INADEQUACIES/CONDITION Physical condition of the housing stock is the second significant issue that has been identified in the Central City cornmunity. According to the City's housing element of the City's general plan, II % of the City's housing stock is substandard in condition, with 3% of the units being so bad, that they are no longer fit for human habitation. Many of these units are located within the older central city community. (3) HOMEOWNERSHIP The costs of housing has also prevented many fami1ies from affording their own home. Fifty-two percent 52% of the City's housing units are owner occupied with the remaining 48% being rental. The high rate of absentee owners contributes to a general lack of maintenance of the housing stock. On the other hand, home ownership contributes to a high level of stability, connnitment, "pride" and ongoing maintenance which translates into substantial upgrading of the existing housing stock. Therefore, one major priority will be to increase the level of home ownership. (4) HOMELESS In a recent survey by the San Bernardino Homeless Coalition in November 1992, 1121 homeless person were identified in San Bernardino. Due to the prolonged recession and unemployment in California, these numbers may have increased. More recent estimates identify approximately 3,000 homeless persons in San Bernardino on any given day. Based upon a recent study, "The War on Homelessness: Are we winning?" Close to one- half of the homeless person were children. The major caused for homelessness were: evictions, domestic violence, job loss, loss of governmental benefits, substance abuse, and mental illness. ADDmONAL CITY HOUSING PROGRAMS A. RENTIDEPOSIT GUARANTEE PROGRAM: This is a homeless prevention program operated by provider agencies. Under the Program, non-Aid For Development Children (AFDC) recipients, meeting other Program requirements are provided with one time only grants to assist with rent and deposit payments. The following program will require an allocation of $1,000,000 for five years to assist very low income fami1ies. B. TRANSmONAL HOUSING PROGRAM: This program, as currently operated, involves the acquisition and rehabilitation of standard apartment units for occupancy by recently homeless families. As a condition of residency, a faruily agrees to participant in support services tailored to their needs. After a stay prescribed by their needs, a faruily is transitioned into an independent living status and permanent housing. 119 ... loo .... .. ... .. ... ... ... .. ... 10. ... ... ... ... ... ... ... ... ,.. loo ... 10. ... ... ... ... ... ... ... ... ... I!"" ... "'" l. ... .. 1""' '- o One project that is awaiting approval under this concept is a Department of Housing Urban Development (HUD) grant application filed jointly by EDA and the County Department of Mental Health in August 1994. Once approved, the project would consist of the acquisition and rehabilitation of eight rental units that would house up to 16 mentally ill formerly homeless single adults and provide case management services. EDA's participation will require a match of the $500,000 grant over a period of three years. C. HOMELESS SHELTER UTILITY PAYMENTS PROGRAM: This program pays the utility bill of a facility providing homeless shelter services. The Homeless Shelter Utility Payments Program (HSUPP) assists non-profit emergency shelters with the payment of utilities. Eligible utilities include water, gas, electric and trash collection fees. This program has been in effect since 1992. Each year since its creation, the program has received approximately $20,000 per annum. A total of five homeless shelters have been assisted within the City with two of the shelters receiving funding during the 1995-96 Fiscal Year. D. HOMELESS SAFE HAVEN PROJECT This is a project that involves the Salvation Army, County Department of Mental Health and the EDA. An application for a grant will be submitted in 1995 to HUD and if successful, will provide funding for the acquisition and rehabilitation of a facility suitable as a drop in center for the homeless mentally ill. Case management and other support services would be a major component of the services provided at the site. A grant match, the exact amount is not known at this time, would be required. Programs C and D together will require an allocation of $1,000,000 for a period of five years. ENTERPRISE COMMUNITY PROJECT [The Empowerment ZonesfEntetprise Communities program is a new program introduced by the Clinton Administration and funded by HUD]. The area consists of the following census tracts: 38,42,47,48,49,50, 55, 56, 58, and 59. An area of approximately 10.3 square miles, with a population of 60,572. Data taken from the 1990 census. The population density within the project area is 5,876 persons per square mile, compared to city wide of 2,982 persons per square mile. This shows the project area to have a density which is twice as high as city wide. The project area has a total of 17,823 households; 33.1 % of the populous or 36% of the families within the project area are below the poverty level compared to city wide respectively, 22.8% and 27%, showing the project area has a high concentration of poverty stricken households. These figures demonstrate the "need" for pro-active marketing and implementation of a variety of affordable housing, housing assistance, job training and related neighborhood assistance programs. The goal of this effort is to elevate households within the project area out of poverty, provide safe, decent and sanitary housing, provide homeownership opportunities and eliminate slums and blight. Neighborhoods that require a high degree of program to reduce and eliminate slums and blight and demonstrate a profound level of 120 - ~ ... ~ ... ~ ... ~ 11. - ... - ~ - ... - ... .- ... - ... - ... - ... - ... - ... - ~ .. .. ... .. ... .. ... .. c' ..-.". '-wi "need" are considered "Focus" Neighborhoods. Focus Neighborhoods will be established within the overall project area. These Neighborhoods will be informed (marketing) regarding the diverse, resources of programs available to the Focus Neighborhood, families and households. CENTRAL CITY REVITALIZATION STRATEGY The City's Housing Committee recommended approval to the Community Development Commission of the two (2) Central City "Focus Neighborhoods as part of the Central City Revitalization Strategy. This strategy represents an attempt by the Agency to comprehensively address the social and physical "needs" of this community and to effectuate permanent improvement in the "quality of life" within the area. The ultimate goal of this approach is to change the economics of the Central City "Focus" Neighborhoods to such an extent that it will be maintained at a desirable level (consistent with community standards) without the need for more than normal City investment of resources. The proposed Implementation Strategy components utilize approximately $2,330,000 in FY 1994-95 housing budget monies. This budget appropriation, however, includes significant program income monies anticipated from repayment of completed Agency housing projects. Almost 37% of City's households are paying in excess of 30% of their annual incomes on housing costs. Over 85% of those earning under 30% of the area median income level within this "focus" neighborhood are paying in excess of 30% of their income towards housing. This burden is most severe among very low income renter households in the area who are paying in excess of 50% of their incomes for housing. Homeowners within the same income group also face a tremendous cost burden. Over 63% of these homeowners pay more than 30% of their income towards housing. This burden is most severe among very low income renter households in the area who are paying in excess of 50% of their incomes for housing. Homeowners within the same income group also face a tremendous cost burden. Over 63% of these homeowners pay more than 30% of their income towards mortgage payments. As expected, this lower income segment of the population have a high risk of becoming homeless should some unexpected disruption in income or employment occur. The Central City strategy area includes the following census tracts: 55,56,57,and 58. An area of approximately 3.75 square miles, with a population of 18,757 or 11 % of the city's population. The population density within the project area is 5,002 persons per square mile, compared to city wide of 2,982 persons per square mile. This shows the project area to have a density which is twice as high as city wide. The project area has a total of 7,309 households or 85% of the populous of families within the project area who are below the poverty level as compared to city wide statistics, which reflects the project area to having a high concentration of poverty stricken households. 121 - c o ... ... l.. !II" II. Costs of housing have also prevented many families from acquiring their own home. The overall housing breakdown within this "focus" neighborhood consist of 5,4427 or 21 % rental occupied housing units and 1,071 or .04% owner occupied housing units with the remaining balance of 811 housing units in the area being unoccupied or uninhabitable. The high rate of absentee owners contributes to a general lack of maintenance of the housing stock. On the other hand, home ownership contributes to a high level of stability, commitment, "pride" of ownership and ongoing maintenance which translates to substantial upgrading of the existing housing stock. .. l. "" .. .. Physical condition of the housing stock is a significant issue within the Central City "strategy area". According to the City's Housing Element of the City's General Plan, 11 % of the City's Housing stock is in substandard condition, with 3% of the units being so bad, that they are no longer fit for human habitation. Many of these units are located within this older central city conunonity. l'" .. "" ... A. PROGRAMS AVAILABLE WITIllN THE CENTRAL CITY REVITALIZATION STRATEGY AREA ... .. The Economic Development Agency (EDA) will under take various revitalization projects in partnership with non-profit organizatious, participating Housing Rehabilitation Contractors, material suppliers, and other small businesses coupled with programs and services provided by the Department of Social Services, support service groups, City and County School Districts and the San Bernardino Employment Training. Agency staff is coordinating their efforts within the Central City "strategy area" in establishing a job training program as a remedy to address unemployment for very low income persons residing in the area. .. .. !'" .. '" ... These figures demonstrate the "need" for a pro-active marketing and implementation of a variety of housing assistance, job training and related neighborhood assistance programs and services. The goal of this effort is to elevate households within the Central City strategy area out of poverty, provide safe, decent and sanitary housing, provide homeownership opportunities, and eliminate slum and blight. ... .. .. ... The major components of the Central City "strategy area" includes, but is not limited to the following: .. ... .. * Assist existing property owners with rehabilitation/improvement of their properties. '" .. * Implement a pro-active graffiti removal and neighborhood clean-up campaign. It * Utilization of the Neighborhood Preservation Team (NPT) to coordinate available city programs and activities. ... .. * Implementation of the InfIll-Housing Program for an on going development of an twenty-four (24) single family detached homes per year in the area. "" III 122 ... o o .. '"' .. * Implementation of a Residential "Facade" Improvement Program within major corridor streets in the area. "" .. * Implement the Mortgage Assistance Program (MAP) for First-time homebuyers. '"' .. * Implement Special Needs Housing Program for prevention and elimination of homelessness in our community. ... .. * Effectuate" Job Creation" opportunities for very low, low income families, and the least likely to be employed. !'" .. ... The single most critical component of the revitalization strategy is the implementation of the neighborhood rehabilitation and improvement program coupled with the utilization of the City Neighborhood Preservation Team (NPT) fmancial resources to maximize permanent changes in the area. It is essential that resources from other City Departments be used to effectuate and establish a standard which meets the "needs" of this community. - .. .. 12. MAPS ... .. A. MAP 1: ENTERPRISE COMMUNITY BOUNDARY - B. MAP 2: FOCUS NEIGHBORHOOD .. C.MAP3: FOCUS NEIGHBORHOOD - ... - ... ... .. - .. "" .. "" ... .. .. "" ... "'" .. 123 - .. . "" ... "" loll "" .. "" .. .. .. - loll - .. "" .... "" .... - .... - .... .. ... - - .. .. .. .. .. .. .. .. .. .. c o ENTERPRISE COMMUNITY BOUNDARY Highland Ave . Baseline Foothill Blvd ... MillS! ColIonISan Bel1Wdino C.tlinlls c .. E ~ .. ~ 10 ........... :E NORTH Map not to scale L ................. Proposed ~mpowerment Zonel Enterprise Community Boundary San Bernardino city limit MAP 1 c 0 FOCUS NEIGHBORHOOD ... .. ... 100 ... 100 ... 100 ... .. ... .. H ST ... ... ......... loA III W" , - -- ..."'....... 5~ - 716 756 752 781 ft3==~ 763 ... OJ 0 QI . N .. .. CRESCENT AVE ... ... 7_a 1'0 720 712 .. ~ '" 110 t:)cO-O 110 to www...VI .... o ...e>>o.. 0 100 :foto: .... ~ ~ - G ST ... 100 - .. <0 --i :C. {J) -l 55~ 6" 636 632 .'~:;: 61a 510 .. ... .... .. '" .. - ... - .. F ST ... ... ... .. ... Ii. .. .. E ST ... 100 \ r,z <n 163 163 155 Ia. 155 lsa I~I In ua "7 IU UO 139 U9 139 132 131 I~O 131 ~ ~ ~ ~ .. .......... ......- .. 0 00 '" 000000 ~ '" W~ co . ...,.... G. '" co ~ ~o .. No. o. 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II. ... .. t"'"" '- o PRIORITIES: Based upon these identified needs, the City of San Bernardino has established six priorities for the Redevelopment Project areas. These priorities are: PRIORITY # 1: Preservation and rehabilitation of the "Mfordable" Housing Stock, emphasizing Single Family Units. PRIORITY # 2: Assisting Low Income First Time Buyers with the purchase of "Mfordable" pennanent housing. PRIORITY # 3: Expansion of Affordable Housing Opportunities for low income large families primarily through new construction,lInf"Ill Housing. PRIORITY # 4: Providing rental assistance to the very low income households. PRIORITY # 5: Assist Homeless and Special Needs persons with support services/programs. PRIORITY # 6: Job creation for very low, low income families, and the least likely to be employed. SOLUTIONSIPROGRAMS PRIORITY # 1: Preservation and Rehabilitation of the Mfordable Housing Stock, especially Single Family Residences (SFR's) The City of San Bernardino Economic Development Agency (BDA) will play an integral role in preserving and rehabilitating the housing stock within the City, and especially within the target area. Through the creative use of Redevelopment set-aside and CDBG funding, the BDA will implement an aggressive and focused "neighborhood" and rehabilitation program within the strategy area. During the f"'Irst year, BDA has established a goal of rehabilitating 84 owner occupied SFR's and 96 multi-family rental units within the next 5 years. Over $15.5 million dollars has to be earmarked for single and multi- family rehab programs. During the next five years 50 single family units will be rehabilitation and ~ multi-family units will be rehabilitation on an annual basis. At a minimum 7.5 units single family will be made available to very low income family's and 9.6 multi-family units will be made available to low income family's. These rehab programs will serve to eliminate slums and blight, improve the condition of the existing housing stock and expand the nwnber of units available for" affordable" housing in the City. In each case the rehabilitation programs will serve to upgrade the housing stock and eliminate slwns and blight within the target area(s). By using creative fmancing, 10% annually of the multi-family units funded in the strategy area will be targeted for families at 30% and below median income families utilizing the low and moderate Housing Fund (33334.2). 127 - o o ... ,... ... - Also, as a component of the rehabilitation strategy in the strategy area, the EDA in partnership with a non-profit, will provide a transitional permanent housing, using 20% set-aside funds ($720,000.00) which consist of Sixteen (16) units scattered, or four-plexes will be purchased and rehabilitated for the pwpose of providing housing to the homeless, very low income, people at risk, and special need groups. io. ,... ... Programs available for funding in "Redevelopment Project Areas" include: ... ... A. EXTERIOR IMPROVEMENT LOAN-PLUS PROGRAM: ,... - For properties requiring minor repairs. For any exterior property improvements such as roofing, driveways, fencing, landscaping and painting. To address property requiring a substantial amount of rehabilitation, this program is designed to provide both exterior improvements and minor interior improvements to homes by providing qualified property owners with low interest loans, using either COBG or the low and moderate housing fund. .. ... - ... HI .IGlBIUTY - any property owner who occupies or has rental property located within a selected focus neighborhood that is in need of exterior and minor interior improvements and who meet the program income requirements is eligible. This program is also available on a citywide basis to owner-occupied properties only. ... - - HI .IGlBLE IMPROVEMENTS- any exterior and limited interior property improvement is eligible including, but not limited to roofmg, driveways, fencing, landscaping, color coat, painting, windows, plwnbing and carpeting. Exterior improvements must encompass at least seventy percent (70%) of the rehabilitation total to qualify for this program. ... ,... ... B. DEFERRED LOAN PROGRAM: - ... To address the low and very low income households needs, the following program is designed to provide property improvement assistance to fmancially impacted households to eligible owner-occupied and rental properties owners for selected focus and citywide areas, using either CDBG or the low and moderate housing fund. ... i - - HI IGlBTT.ITY - any property owner who occupies or has rental property located within a selected focus and citywide neighborhoods that is in need of exterior and interior improvements and who meets the program income requirements is eligible. In addition, the property owner must demonstrate extreme economic hardship which would prevent their participation in the various amortized property improvement loan programs. ... ... ... ... ... HLIGiBLE IMPROVEMENTS- any exterior and interior property improvement is eligible, excluding "luxury" items (Le., pools, spas, etc.),or any items which could be easily removed from the property (Le., drapes, rugs, etc.). ... .. C. EXTERIOR PAINT PROGRAM: .. .. A painting program without cost for owner occupied units who meet program income !'" .. 128 ... c :.) ... ... ... ... requirements is available. A similar program is available for non-owner occupied properties within the Focus Neighborhood, whereby one half of the cost of painting will be provided through either CDBO or the low and moderate housing fund. .. ... ... The EDA will work in partnership with code enforcement, community groups, private sector contractors, non-profits and other organizations to implement tills program. .. This program is design to improve the exterior appearance of houses located in selected Focus Neighborhoods by providing significant fmandal incentives for property owners to paint and color coat the exterior of their homes. ... I.. .. FINANCIAL INCENTIVES- For owner-occupants the Agency would accommodate the cost to the eligible homeowner at 100% of cost. For owner-investor properties the Agency would contribute 50% of the cost and the owner-investors will contribute the remaining 50% of the cost. .. .. ... HI .TOmn .ITY - Any property owner who lives in or rents property located within one of the City's selected Focus Neighborhoods whose property is determined to be in need of those exterior improvements and who meets the program income requirements is eligible. ... ... .. PRIORITY # 2: Assisting Low Income First Time Buyers with the purchase of "Mfordable" permanent housing. ... .. D. EXTERIOR IMPROVEMENT LOAN PROGRAM: ... ... This Exterior Improvement Loan Program is a citywide program specifically designed to improve the exterior appearance of a home by providing qualified owner-occupants only with interest free loans. This program is also available in the selected focus neighborhood to both owner-occupied and rental property owners who meet the program income requirements, using either CDBO or the low and moderate housing fund. ... ... ... .. PT Tomn .ITY - In order to provide this assistance to selected Focus neighborhood, the owners will be required to signed a hold harm1essJ1iabilities waiver for non-inspection on the interior ofthe property. Under citywide properties the property must be free from any health or safety violation to be eligible. ... ... ... ... ELIomLE IMPROVEMENTS- any exterior property improvement is eligible including, but not limited to roofmg, driveways, fencing, landscaping, color coat and painting. ... ... E. HOME IMPROVEMENT LOAN PROGRAM: ... The Home Improvement Loan Program is designed to provide significant property improvements to eligible owner-occupied and rental properties owners for selected focus and citywide areas, using either CDBO or the low and moderate housing fund. .. ... ... ... ... 129 ... ... - ... - ... - ... - ... - ... ... ... - ... ... ... - ... - ... - ... - ... - ... ... .. ... .. ... H. .. ... .. "" .. o () HI .TGmn .ITY - Any property owner who occupies or has rental property located within a selected Focus and citywide neighborhoods that is in need of exterior and interior improvements and who meet the program income requirements is eligible. TERM- this is a low interest loan, up to a maximum of $40,000 exclusive of fees (fees may be added to maximum loan amount) amortized for a twenty (20)year period. ELIGmLE IMPROVEMENTS- any exterior and interior property improvement is eligible, excluding "luxury" items (i.e., pools, spas, etc.), or any items which could be easily removed from the property (Le., drapes, rugs, etc.). R GRANT PROGRAM: The Grant Program is designed to provide critical, code item corrections or handicap accessibility property improvements. In addition, there must be a demonstrated critical need, necessitating the immediate correction of these items, using either CDBG or low and moderate housing fund. HI .TOmIUTY - Income for this program is limited to a maximum of fifty percent (50%) median for family size. In addition, program eligibility is strictly to senior citizens age 62 years or older. Grants may be utilized to accommodate unforeseen circumstances, upon approval, that may preclude the rehabilitation from being completed. Items A through F are part of the Property Improvement Program which will require an $8,000,000 allocation for five years. G. MORTGAGE ASSISTANCE PROGRAM: Currently, the Economic Development Agency provides a Mortgage Assistance Program (MAP) which makes a limited number of deferred payment second mortgages (principal and interest), in amounts up to 10% of the purchase price. This program is designed to assist first time home buyers with the down payment/closing costs necessary to purchase a home, using low and moderate housing fund. The Mortgage Assistance Program is a deferred payment equity participation loan secured by a second deed of trust. There are no monthly payments (principal and interest) and the loan is due and payable only when the property is sold, refmanced, or a change in title occurs. At time of sale the City will receive an equity share of the property in an amount equal to the City's original down payment assistance. This program will require an allocation from the low and moderate housing funds of $2,500,000 for five years. FIRST TIME HOME BUYER REVOLVING LOAN FUND: Under the Enterprise Zone, an expanded program ($100,000 revolving loan fund) will be funded. This program will initially be funded from the new HUD empowemlent zone. The EDA's goal is to expand the number of MAP loans from eighty-five (85) to one 130 - ... - ... - ... ... ~ ... .. - ... - ... - .. - .. - ... - ... - ... - ... ... .. ... ... ,.. I. .. "" i ... .. l. "" .. -- c o hundred (100). The additional fifteen (15) units will be targeted within the strategy area. As these deferred loans are paid/retired, the initial investment will be returned to the revolving loan fund to create more homeownersship opportunities for residents. The EDA will also work in partnership with non-profit and for-profit agencies and organizations to assist very low and moderate income families using CDBG and low and moderate housing fund. PRIORITY # 3: Expansion of Mfordable Housing Opportunities for low income large families primarily through new construction/lnfill Housing. The EDA has several programs which assist and encourage private contractors to invest and develop housing projects in San Bernardino to comply with the 15% and 30% requirements through Agency assisted housing projects. These programs include: * Infrastructure Improvement Financing * Pre-Development Processing Assistance * Vacant Land Surveys * Site Selection Assistance * Financial Assistance * Loan Packaging Assistance * CRA Incentive Program * Pre-payment of Building Fees The EDA will work in partnership with community groups, private sector contractors, non profits and other organizations to implement this program. The EDA will also work with those agencies or companies that agree to hire workers referred by the Department of Social Services to the San Bernardino Employment Training Agency (SBETA). INFILL HOUSING DEVELOPMENT PROGRAM A major priority of the FY 1994-95 Housing Division budget is the implementation of a Comprehensive Revitalization Strategy within the Central City area. One component of that strategy addressed the need for high quality single-family infill development within that area. The recently completed vacant land survey has identified developed single- family lots within portions of the Northwest Redevelopment Project and the Central City target areas generally bounded by Highland, Rialto, California and Waterman. 131 ... - '-' o .. ... .. An intent of the Infill Housing Development Program is to construct high quality single- family homes on a scattered lot basis, thereby setting the quality standard for future development within the above mentioned neighborhoods. Hopefully, this standard will help promote existing individual property improvement at a higher quality level. This program will required an allocation of $2,000,000 from the low and moderate housing fund over the next five years. ... ... ... i- ... This assistance is for the following reasons: .. * Lack of available acquisition fmancing ... .. * Additional cost of on-site security during construction ... * Higher building cost associated with individual rather than tract development ... ... PRIORITY # 4: Providing rental assistance to the very low income households. .. ... The EDA will target up to 18 faruilies/households per year to receive housing assistance. Priority will be given to those households in transition housing or participating in Job training/re-training programs using CDBG funds. ... ... RENT/DEPOSIT GUARANTEE PROGRAM: ... ... This is a homeless prevention program operated by provider agencies. Under the Program, non-AFDC recipients, meeting other Program requirements are provided with one time only grants to assist with rent and deposit payments. The following program will need an allocation of $1,000,000 for the next five years to assist very low income families. ... .. ... MOBILEHOME RENTAL ASSISTANCE ... ... The Mobilehome Space Rental subsidy program was established by the city to assist very low income families. Under this program the maximum income that an individual may make is $1,000 and for dual incomes $1,250 per month. This program is directed primarily toward senior citizens on fIXed incomes who own their own Mobilehomes. At this point the program has been funded $200,000 and needs to receive an additional $25,000 per year from the low and moderate housing fund. ... .. ... ... OM A. MAP 4: INFlLL HOUSING BOUNDARY .. .. .. .. .. ... 132 .. o 0 INFILL HOUSING BOUNDARY - ... - ... - ... - ... - ... - ... - ... - ... - ... - ... - ... - ... 1 - ... - ... - ... - .. ~ '"' III ... III '"' III 1i ~ , .!! ! 'il () .. ::> Ii ~ . . .!!! I Ii : 1 I c C GO a.. / ...". 4' NORTH Hiahland I ~ " Avenue ~t- ~._ ~r \21sl. ~ V .,.~30 ~ c .. ~ '" 16th Street ., i .. ::> 'g Zl to Basefine ~ , , .. .~ o ~ .. 1: ~ ] ." .. ~ 9th Street GO 1i 1i .. ::> l!! 'i ::> c l!! c 1:; GO .. ~ Ui Ui ~ ~ 7th Street Ui == ~ . ~ 5th Street . c ." 0 to C .. ~ 215 'i e e ~ ~ . .12 w <( 2nd Street . f/l Rialla Avenue ( I' . C to E ;;; ,. == .. ::> c .. ~ MAP 4 - - - ill ... .. "" III ... .. - ill - ill ~," - - ... ... - ... - ... - ... - ... - ... - ... ... 15. .. ... .. ... ... ... ... 00 PRIORfI'Y # 5: Assist Homeless and Special Needs persons. The San Bernardino County Mental Health Department has committed approximately $640,000 per year in family case management. These fund will cover an approximate case load of 85 persons per year using CDBG funds. The City has established a goal of rehabilitating 180 single family or multi-family units per year for the duration of the Enterprise Community. Of the 180 units rehabilitated on an annual basis, 10 percent will be designated for very low-income persons who participate in a transitional housing program provided by either the County of San Bernardino Department of Mental Health (special needs population) or another case management program operated by a local non-profit organization for non-special needs populations, including families. HOMELESS SHELTER UTILITY PAYMENTS PROGRAM: This program pays the utility bill of a facility providing homeless shelter services. Homeless programs need to receive $1,000,000 over a five year period. HOMELESS SAFE HAVEN PROJECT This is a project that involves the Salvation Army, County Department of Mental Health and the EDA. An application for a grant will be submitted in 1995 to HUD and if successful, will provide funding for the acquisition and rehabilitation of a facility suitable as a drop in center for the homeless mentally ill. PRIORfI'Y # 6: Job Creation for very low, low income families, and the least likely to be employed. The City of San Bernardino Economic Development Agency (EDA) in partnership with non-profit organization, participating Housing Rehabilitation Contractors, material suppliers, other small businesses, Department of Social Services, support services groups or agencies, City and County Schools, San Bernardino Employment Training Agency, and other interested agency, will combine efforts and establish job training programs and on the job training for very low income families and the least likely to be employed. CDBG funds are earmarked for the life of this program. HOUSING NEEDS FOR THE NEXT FIVE YEARS The City of San Bernardino expects that housing needs for the next five years will grow. While the City cannot predict which groups will have the greatest need, it has forecast population and housing projections in five year increments from 1990 through 2020. For purposes of this five year plan, which encompasses 1994 through 1998, Comprehensive Housing Services staff detennined one year average projection rates for the five year time frame from 1990-1995 and 1995-2000 in order to detennine the projected population 134 - c o - ... .. increase and housing unit increase through 1998. The annual projected increases are shown in the table below. ... iIio ... iIio .. 5,644 5,644 HOUSING UNIT INCREMENT 672 672 1,644 1,644 1,644 .. YEARS 1994 1995 1996 1997 1998 FIVE YEAR PROJECTION POPULATION INCREMENT ... ... ... ... 7,065 7,065 7,065 ... ... ,. . 32,483 6,276 Source: Ci of San Bernardino. Anal sis b Com hensive Housin Services Inc. ... III r" , io.o The City of San Bernardino is projected to have a population increase of 32,483 and a housing unit increase of 6,276 in the next five years. Initially, the population increase is projected to be partially absorbed in units that are currently vacant. However, by 1996 most of the vacant units will be occupied and the increase in housing units is projected at a slower rate than the increase in population. This would result in an increase in the average household size. It is also anticipated that there will be some increase in overcrowding. These factors indicate that there will be a need for larger housing units. It is also expected that the need for rental assistance could increase, since lower vacancy rates could cause an increase in market rents. l"" i. ,... ... r" io.o 16. LOW AND MODERATE HOUSING FUND "" The 20% set aside funds for low and moderate income housing for the current year, has recieved funding in the amount of $3,000,000. To date this funding source has no avaib1e funds, yet is scheduled to receive $3,000,000 a year with a 2% inflater added. Over the next five years this program should receive approximately $15,000,000. While the Iuland Valley Development Agency 20% set aside low and moderate income, fund generates $1,000,000 annually or $5,000,000 over the next five years. !"" IIIi .. "" ill 17. INLAND V ALLEY DEVELOPMENT AGENCY(IVDA) l"" ill The Inland Valley Development Agency (IVDA) is a Joint Powers Authority formed pursuant to the provisions of Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, and is comprised of four local goverrunental "" 135 , ... ... c' ,......, -...I ... .. ... iroo entities: the County of San Bernardino and the Cities of San Bernardino, Colton and Lorna Linda. The IVDA was initially formed pursuant to a Joint Powers Agreement dated January 24,1990, which was subsequently amended on February 12, 1990. The lVDA, although it is a Joint Powers Authority, has the ability to exercise redevelopment powers pursuant to seciallegislation which became part of the Califomia Redevelopment Law. Specifically, Health and Safety Code Section 33320.5, which became effective January 1, 1990, provides that the IVDA shall have and exclusively exercise powers of a redevelopment agency pursuant to the California Community Redevelopment Law in connection with the redevelopment of a redevelopment project area approved by such joint powers authority. Such Project Area would include a military facility which is subject to closure pursuant to Public Law 100-526 and certain areas in proximity thereto. .. ... ... ... 100 !"" "'" '" All powers of the IVDA are vested in its governing body. Pursuant to the Redevelopment Law, the lVDA may exercise broad govemmental functions and authority to accomplish its purposes, including, but not limited to, the right to issue bonds and expend their proceeds and the right to acquire, sell, develop, administer or lease property. The IVDA may demolish buildings, clear land and cause to be constructed certain improvements including streets, sidewalks and public utilities. .. !'"' l. l'" t lit One of the primary projects funded with IVDA 20% set aside is being used in the Arden- Guthrie Focus Area. "" .. ARDEN-GUTHRIE FOCUS NEIGHBORHOOD PROGRAM .. l. This program covers the entire area where approximately one-hnndred, eighty-seven (187) fourplexes are concentrated. The total costs (includes public and private funds) the strategy is currently estimated to be approximately $7 to $10 million, the cost of which would be phased in over the entire three (3) year. timeframe. The Arden-Guthrie Focus Neighborhood includes a mixed variety of tenants/renters at each income level (very low, lower, median and moderate). Furthermore, the strategy is flexible enough to at some future point, pro-actively accommodate potential ownership opportunities for tenant currently residing within the neighborhood using low and moderate housing funds. This program includes the following: "" i"'" !'"' I. ... ioo * Rehabitation of one-hundred, eighty-seven fourplexes. .. * Project management services. ... * Horne ownership opportunities. ... ... * Area Security. ... ... * Public Improvements. ... .. ... 136 .. ... 100 .. - 18. - 100 ... ... I"" t.. .. , .. ... too - .. - .. - .. - - - .. - ... ... .. ,.. l. "" liIl .. i. w- i ... "" i 100 c o ARDEN-GUTHRIE PROGRAM ACIllEVEMENTS A. PROPERTY MANAGEMENT Management services agreements are currently in place with nine (9) property owners in the Arden-Guthrie "FOCUS" Neighborhood. The management company currently manages eighteen (18) fourplex buildings and an apartment complex for a total of one hundred eighty-eight (188) units in the project area. B. PUBLIC IMPROVEMENTS The sidewalk which ran between two buildings from Sterling Street to Argyle, south of the 19th Street alley has been removed and a block wall sealed off. Grass has been planted where tlle sidewalk used to be relative to this project to address slum blight using the low and moderate housing fund. Culide-Sacs with landscaping have been constructed within major streets to control traffic and allow additional green belts to be established for the benefit the tenant population. C. FOURPLEX REHABILITATION PROJECTS There are currently four (4) fourplexes under rehabilitation in the area. Three (3) owners, which represent a total of five (5) fourplexes are currently waiting for rehabilitation assistance from the Development Department using low and moderate housing funds. To date twenty-four (24) fourplexes have been rehabilitated at a cost of approximately 2.4 million. D. LOS PADRlNOS COMMUNITY COLmON This progranl was established to provide comprehensive clean-up slum blight activities within selected focus neighborhoods as may be designated by the Agency from time to time including, but not limited to, the Arden/Guthrie and focus neighborhood. The Program activities include trash and debris removal, graffiti removal, landscaping services, tree and shrub pruning and weed abatement. E. MULTI-PURPOSE FACILITY This Multi-Purpose Facility is a project that was completed in this area and is used for various community programs. The San Bernardino City Schools, and the County Department of Public Social Services use the facility for Adult Education, English is a second language and General Educational Development Classes. F. TRANSITIONAL HOUSING PROJECT As the first Community Housing Development Organization under the federal Home Investment Partnerships Act (HOME), Frazee Community Center received a loan to 137 .- o () .. I"" iM acquired and rehabilitate two (2) four-plex buildings within the Arden-Guthrie Project Area. The two buildings, located on McKinley Street, are operated by Frazee as a combination of low-income rental housing and transitional housing, with case management services, for recently homeless families. A total of $393,200 in 1992-1993 and 1993-1994 HOME funds were expended on the acquisition, rehabilitation and operation of the project. The project was completed in May, 1994 and is currently occupied by four transitioning families and four low-income rental families. - .. ... .. "" ioo G. ARDEN-GUTHRIE JOB TRAINING PROGRAM - ... The Arden-Guthrie job training program was established with the cooperation of SBETA, a non-profit organization and the Housing Division. SBETA is to provide job participant selection, testing, accounting and contract documentation between the participating contractors and employees. SBETA will reimburse the participating contractors with 505 of the employee wages, with an additional 50% of the wages coming from a CDBG Grant to SBETA from the City. .. - iIII ... ... ... ... ... - ... ... II1II ... ... ... ... ... .. "" ioo "" .. ... .. "" .. 138 ~ .. - 1M - 10II c .:) ADDENDUM #1 ASSEMBLY BILL NO. 315 CHAPTER 872 AMENDED AB 1290 - An act to amend Sections 33334.2, 33334.3, 33334.6, and 33413 of the Health and Safety Code, relating to redevelopment. 100 - [Approved by Governor October 12, 1991. FDed with Secretary of State October 14, 1991.J .. - AB 315, T. Friedman. Redevelopment: Low and Moderate Income Housing Fund. .. (I) - .. r'" I.. ".. lOll ... lOll - ... - loot - ... - .. ... lOll "" (2) .. "" .. .. 10II .. .. Under the existing Community Redevelopment Law, not less than 20% of all tax increment revenues which are allocated to a redevelopment agency are required to be held in a separate Low and Moderate Income Housing Fund and used by the agency for the pwposes of increasing, improving and preserving the community's supply of low and moderate-income housing available at affordable housing cost to persons and families of specified income levels unless the agency makes certain annual fmdings. This bill would substantially revise the criteria for, and ability of, a redevelopment agency to make those annual fmdings. This bill would also authorize agencies that have more than one project area to satisfy the requirement of allocating not less than 20% of all tax increment revenues by instead allocating the difference between the amount allocated and the 20% required to the Low and Moderate Income Housing Fund from tax increment revenues from other project areas. Existing law requires, whenever dwelling units housing person and families of low and moderate income are destroyed or removed from that housing market, as specified, the redevelopment agency to rehabilitate, develop, or construct for rental or sale to those persons and families an equal number of replacement dwelling units within the territorial jurisdiction of the agency. This bill would require each redevelopment agency, prior to January I, 1993, to adopt a prescribed plan to comply with these requirements for each project area. Because this bill would impose new duties on redevelopment agencies relating to the allocation of tax increment revenues, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates ClainlS Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 139 ... loll c :) ... ... i ... This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund. ... .. .. A. SECTION 1. Section 33334.2 of the Health and Safety Code is amended to read: I'" .. I'" .. 33334.2. (a) Not less than 20 percent of all taxes which are allocated to the agency pursuant to Section 33670 shall be used by the agency for the purposes of increasing, improving, and preserving the community's supply oflow and moderate income housing available at affordable housing cost, as defmed by Section 50052.5, to persons and families oflow or moderate income, as defined in Section 50093, and very low income households, as defmed in Section 50105, unless one of the following fmdings is made annually by resolutions; ... ... !'" .. ... (I) That no need exists in the community to improve, increase, or preserve the supply of low and moderate income housing, including housing for very low income households in a manner which would benefit the project area and that this fmding is consistent with the housing element of the community's general plan required by Article 10.6 (conunencing with Section 65580) of Chapter 3 of Division I of Title 7 of the Government Code, including its share of the regional housing needs of very low income households and persons and families of low or moderate income. , ... ... ~ ... ... This fmding shall only be made if the housing element of the community's general plan demonstrates that the community does not have a need to improve, increase, or preserve the supply of low and moderate income housing available at affordable housing cost to persons and families of low or moderate income and to very low income households. This fmding shall only be made if it is consistent with the planning agency's annual report to the legislative body on implementation of the housing element required by subdivision (b) of Section 65400 of the Government Code. No agency of a charter city shall make this fmding unless the planning agency submits the report pursuant to subdivision (b) of Section 65400 of the Government Code. This finding shall not take effect until the agency has complied with subdivision (b) of this section. ... .. ... ... ... ... ... ... (2) That some stated percentage less than 20 percent of the taxes which are allocated to the agency pursuant to Section 33670 is sufficient to meet the housing needs of the community, including its share of the regional housing needs of persons and families of low or moderate income and very low income households, and that this fmding is consistent with the housing element of the community's general plan required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division I of Title 7 of the Govemment Code. This finding shall only be made if the housing element of the community's general plan demonstrates that a percentage of low and moderate-income housing available at affordable housing ... ... ... ill ... ... "" .. 140 - ... ... .. - lIo. - .. ... .. .- ... ,.. .. ... lIo. (3) ... ... ... .. - i.. .- .. - .. .- lIo. ... .. .- .. ... , .. .- .. ... ill c o cost persons and families oflow or moderate income and to very low income honseholds. This finding shall only be made if it is consistent with the planning agencies annual report to the legislative body implementation of the honsing element required by subdivision (b) of Section 65400 of the Govemment Code. No agency of a charter city shall make this finding unless the planning agency submits the report pursuant to subdivision (b) of Section 65400 of the Govemment Code. This finding shall not take effect until the agency has complied with subdivision (b) of this section. For purposes of making the findings specified in this paragraph and paragraph (1), the housing element of the general plan of a city or county shall be current, shall have been submitted to the Department of Housing and Community Development within the applicable time period, and shall be in compliance with Article 10 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Govemment Code. That the community is making a substantial effort to meet it's existing and projected housing needs, including its chart of the regional housing needs, with respect to persons and families of low and moderate income, particularly very low income households, a identified in the housing element of the community's general plan required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Govemment Code, and that this effort, consisting of direct fmancial contributions ofloeal functions used to increase and improve the supply of housing affordable two persons and families of low or moderate income and very low income households, is equivalent in impact to the funds otherwise requirements to be set aside pursuant to this section. In addition to any other local funds, these direct financial contributions may include federal or state grants paid directly to a community and which the community has the discretion of using for the purposes for which monies in the Low and Moderate Income Housing Fund may be used. The legislative body shall consider the need which can be reasonable foreseen because of displacement of persons and families of low or moderate income or very low income households from within, or adjacent to, the project area, because of increased employment opportunities, or because of any other direct or indirect resnlt of implementation of the redevelopment plan. No fmding under this subdivision may be made until the community has provided or ensured the availability of replacement dwelling units as defined in Section 33411.2 and until it has complied with the provisions of Article 9 (commencing with Section 33410). In making the determination that other fmancial contributions are equivalent in impact pursuant to this subdivision, the agency shall include only those fmanciaI contributions which are directly related to programs or activities authorized under subdivision (e) of this section. 141 ... ... ... ... ".. , io. ... I. !"'" l... (b) ".. j l. !"'" il. ... ... ... .. ... ... ... ... ... ... ... ... ... ... (c) ... .. ... ... (d) ... ... (e) ... ... ... ... c o The authority for making the fmding specified in this paragraph shall expire on June 30, 1993, except that the expiration shall not be deemed to impair contractual obligations to bondholders or private entities incurred prior to May 1, 1991, and made in reliance on the provisions of this paragraph. Agencies which make this finding after June 30, 1993, shall show evidence that the agency entered into the specific contractual obligation with the specific intention of making a fmding under this paragraph in order to provide sufficient revenues to payoff the indebtedness. Within 10 days following the making of a fmding under subdivision (a), the agency shall send the Department of Housing and Community Development a copy of the finding, including the factual information supporting the fmding and other factual information in the housing element that demonstrates that either (1) the community does not need to increase, improve, or preserve the supply of housing for low and moderate income households, including very low income households, or (2) a percentage less than 20 percent will be sufficient to meet the community's need to improve, increase, and preserve the supply of housing for low and moderate income households, including very low income households. Within 10 days following the making of a fmding under paragraph (3) of subdivision (a), the agency shall send the Department of Housing and Conununity Development a copy of the fmding, including the factual infonnation supporting the fmding that the community is making a substantial effort to meet its existing and projected housing needs. Agencies which make this fmding after June 30, 1993, shall also submit evidence to the department of its contractual obligations with bondholders or private entities incurred prior to May 1, 1991, and made in reliance on this fmding. If an agency is detennined by a court to have knowingly or megligently misrepresented any material facts regarding the community's share of its regional housing need for low and moderate income housing, including very low income households or the community's production record in meeting its share of the regional housing need pursuant to the report required by subdivision (b) of Section 65400 of the Government Code, the agency shall be liable for all court costs and plaintiffs attorney fees and shall be required to allocate not less than 25 percent of the agency's tax increment revenues to its Low and Moderate Income Housing Fund in each year thereafter. In any litigation to challenge or attack a finding made under paragraph (1), (2), or (3) of subdivision (a), the burden shall be upon the agency to establish that the fmding is supported by substantial evidence in light of the entire record before the agency. Nothing in this section shall be constructed as relieving any other public entity or entity with the power of eminent domain any legal obligations for replacement or relocation housing arise out of its activities. In carrying out the purpose of this section, the agency may exercise any or all of its power, including the following: 142 .. ... .. ... ... ... ... ... ,.. ... ... ... .. ... .. .. ... ... .. ... .. ... .. ... .. ... .. ... (f) ... .. ... (g) iIIIo ,1'"' i. 1'"' l. "'" i. _._m_...___. ._.~~_ - c :) (1) Acquire real property or building sites subject to the provisions of Section 33334.16. (2) Improve real property or building sites with onsite or offsite improvements, but only if the improvements directly and specifically improve or increase the community's supply or low and moderate income housing. (3) Donate real property to private or public persons or entitled. (4) Finance insurance premiums pursuant to Section 33136. (5) Construct buildings or structures. (6) Acquire buildings or structures. (7) Rehabilitate buildings or structures. (8) Provide subsidies to, or for the benefit of, very low income households, as defined by Section 50105,lower income households, as defmed by Section 50079.5, or persons and families oflow or moderate income, as defined by Section 50093, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those until developed without direct govemment subsidies. (9) Develop plans, pay principal and interest on bonds,loans, advances, or other indebtedness, or pay financing or carrying charges. (10) Maintain the community's supply of mobile homes. (11) Preserve the availability to lower income households or affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. The agency may use these funds to meet, in whole or in part the replacement housing provisions in Section 33413. However, nothing in this section shall be construed as limiting in any way the requirements of that section. The agency may use these funds inside or outside the project area. The agency may only use these funds outside the project area upon a resolution of the agency and the legislative body that such use will be of benefit to the project. The determination by the agency and the legislative body shall be fmal and conclusive as to the issue of benefit to the project area. The Legislature fmds and declares that the provision of replacement housing pursuant to Section 33413 is always of benefit to a project. Unless the legislative body fmds before the redevelopment plan is adopted, that the provision of low and moderate income housing outside 143 ,.. - .- III ... III ,.. .. "" 1 .. po .. ... III po B. .. ... III ... .. ... .. ,.. .. - .. - .. ... .. ... III ... III ... III ... .. c :> the project area will be of benefit to the project, the project area shall include property suitable for low and moderate income housing. (h) The Legislature fmds and declares that expenditures or obligations incurred by the agency pursuant to this section shall constitute an indebtedness of the project. (i) The requirements of this section shall only apply to taxes allocated to a redevelopment agency for which a fmal redevelopment plan is adopted on or after January 1, 1977, or for any area which is added to a project by an amendment to a redevelopment plan, which amendment is adopted on or after the effective date of this section. An agency may, by resolution, elect to make all or part of the requirements of this section applicable to any redevelopment project for which a redevelopment plan was adopted prior to January I, 1977, subject to any indebtedness incurred prior to the election. SECTION 2. Section 33334.3 of the Health and Safety Code is amended to read: 33334.3 (a) The funds which are required by Section 33334.2 or 33334.6 to be used for the purposes of increasing and improving the community's supply oflow and moderate income housing shall be held in a separate Low and Moderate Income Housing Fund until used. (b) Any interest eamed by the Low and Moderate Income Housing Fund and any repayments or other income to the agency for loans, advances, or grants, of any kind from the Low and Moderate Income Housing Fund, shall accrue to and be deposited in, the fund and may only be used in the marmer prescribed for the Low and Moderate Income Housing Fund. (c) The monies in the Low and Moderate Income Housing Fund shall be used to increase, improve, and preserve the supply of low and moderate income housing within the territorial jurisdiction of the agency. (d) It is the intent of the Legislature that the Low and Moderate Income Housing Fund be used to the maximum extent possible to defray the costs of production, improvement, and preservation of low and moderate income housing and that the amount of money spent for plarming and general administrative activities associated with the development, improvement, and preservation of that housing not be disproportionate to the amount actually spent for the costs of production, improvement, or preservation of that housing. The agency shall determine armually that the planning and administrative expenses are necessary for the production, improvement, or preservation of low and moderate income housing. 144 ... ... ... ~ - c o (e)(I) Planning and general administrative costs which may be paid with monies from the Low and Moderate Income Housing Fund are those expenses incurred by the agency which are directly related to the programs and activities authorized under subdivision (e) of Section 33334.2 and are limited to the following: ... III ... .. "'" .. !'" it. ,.. .. (2) ,.. , ~ ... i. (f) ... ~ .... ~ ... ... I"" ~ ... ... ... ... ... ... ... ... ... ... ... .. (A) Costs incurred for salaries, wages, and related costs of the agency's staff or for services provided through interagency agreements, and agreements with contractors, including indirect and indirect costs related thereto. (B) Costs incurred by a nonprofit corporation which are directly attributable to a specific project. Legal, architectural, and engineering costs and other salary, wages, and costs directly related to the planning and execution specific project which are authorized under subdivision (e) of Section 33334.2 and which are incurred by a nonprofit housing sponsor are not planning and administrative costs for the purpose of this section, but are instead project costs. The requirements of this subdivision apply to all new substantially rehabilitated housing units developed or otherwise assisted, with monies from the Low and Moderate Income Housing Fund, pursuant to an agreement approved by an agency on or before January 1, 1988. Except to the extent a longer period of time may required by other provisions of law, the agency shall require housing units subject to this subdivision shall remain available and affordable housing costs to person and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time, except provided in Section 33334.13: (1) (2) Fifteen years for rental units. However, the agency must replace rental units with equally affordable and comparable replacement units in another location within the community if (A) replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (B) the comparable replacement units are not developed with monies from the Low and Moderate Income Housing Fund. Ten years for owner-occupied units. However the agency may pennit sales of owner-occupied units prior to the expiration the lO-year period for a price in excess of that otherwise pennit under this subdivision pursuant to an adopted program which protects the agency's investment of monies from the Low and Moderate Income Housing Fund, including, but not limited to the equity sharing program which establishes a schedule of equity sharing that pennits retention by the seller of a portion of the excess proceeds of the sale shall be allocated to the agency deposited in the Low and Moderate Income Housing Fund. 145 ~ .. ... ... ... ill "" ioo "" (g) ioo "" .. - ... (h) - ill ... .. - .. - ... - - (i) - ... - ... - ... c :> The agency shall require the recording in the office of the county recorder of covenants or restrictions implementing this subdivision for each parcel or unit of real property subject to this subdivision. Notwithstanding any other provision of law, the covenants restrictions shall run with the land and shall be enforceable, again the original owner and successors in interest, by the agency or the community. "Housing", as used in this section includes residential housing as defmed in subdivision (k) of Section 37912. The definitions of "lower income households" and "very low income households" in Sections 50079.5 and 50105 shall apply to this section. "Longest feasible time", as used in this section, includes, but is not limited to, unlimited duration. "Increasing, improving, and preserving the community's supply oflow and moderate income housing", as used in this section and in section 33334.2, includes the preservation of rental housing units assisted by federal, state, or local government on the condition that units remain affordable to low and moderate income households, including very low income households, for a specified period of time, beyond the date the subsidies and use restrictions could be terminated and the assisted housing units converted to market rate rentals. In preserving these units the agency shall require the units remain affordable to persons and families of low and moderate income and very low income households for the longest feasible time. However, the agency may replace rental units with equally affordable and comparable rental units in another location within the community if (1) the replacement units in another location are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in units to be replaced and (2) the comparable replacement units are not developed with monies from the Low and Moderate Income Housing Fund. Agencies that have more than one project area may satisfy the requirements of this section by allocating in any fiscal year, less than 20 percent in one project area, if the difference between the amount allocated and the 20 percent required, is instead allocated, in that same fiscal year, to the Low and Moderate Income Housing Fund from tax increment revenues from other project areas. Prior to allocating funds pursuant to this subdivision, the agency shall make the finding required by subdivision (g) of Section 33334.2. C. SECTION 3. Section 33334.6 of the Health and Safety Code is amended to read: ... .. 33334.6. ... (a) .. "" Ii. I'" ... The Legislature fmds and declares that the provision of housing is itself a fundamental purpose of the Community Redevelopment Law and that a generally inadequate statewide supply of decent, safe, and sanitary housing affordable to persons and fatnilies oflow or moderate income, as defmed by Section 50093, threatens the accomplishment of the primary purposes of the Community 146 r" iooo - .. ,... .. ,... iooo ,... ... ,... .. - ... ... ... ... ... ... iooo ... .. ... .. (d) - .. I ,... iooo ,... .. ... ... ... ... .. .. "" ... c () Redevelopment Law, including job creation, attracting new private investments, and creating physical, economic, social, and environmental conditions to remove and prevent the recurrence of blight. The Legislature further fmds and declares that the provision and improvement of affordable housing, as provided by Section 33334.2, outside of redevelopment project areas can be of direct benefit to those projects in assisting the accomplislunent of project objectives whether or not those redevelopment projects provide for housing within the project area. The Legislature fmds and determines that the provisions of affordable housing by redevelopment agencies and the use of taxes allocated to the agency pursuant to subdivision (b) of Section 33670 is of statewide benefit and of particular benefit and assistance to all local governmental agencies in the areas where the housing is provided. (b) This section is applicable to all project areas, or portions of project areas, which are not subject to Section 33334.2, except that a project area, or portion of a project area, for which a resolution was adopted pursuant to subdivision (i) of Section 33334.2 is subject to this section. Project areas subject to this section which are merged are subject to the requirements of both this section and Section 33487. The deposit of taxes into the Low and Moderate Income Housing Fund in compliance with either this section or Section 33487 shall satisfy the requirements of both sections in the year those taxes are deposited. (c) Except as other wise pennitted by subdivisions (d) and (e), not less than 20 percent of the taxes allocated to the agency pursuant to Section 33670 from project areas specified in subdivision (b) for the 1985-86 fiscal year and each succeeding fiscal year shall be deposited into the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 and used for the purposes set forth in Section 33334.2, unless the agency, by resolution, makes one of the findings specified in paragraph (3) of subdivision (a) of that section shall expire as specified in that paragraph. Subdivisions (b) and (c) of Section 33334.2 apply if an agency makes any of those findings. In any fiscal year, the agency may deposit less than the amount required by subdivision (c) into the Low and Moderate Income Housing Fund if the agency finds that the difference between the amount deposited and the amount required by subdivision (c) is necessary to make payments under existing obligations of amounts due or required to be committed, set aside, or reserved by the agency during that fiscal year and which are used by the agency for that purpose. For purposes for this section, "existing obligations" means the principal of, and interest on,loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the agency to fmance or refmance, in whole or in part, any redevelopment project existing on, and created prior to January I, 1986, and contained on that statement of existing obligations adopted pursuant to subdivision (f). Obligations incurred on or after January 1, 1986, shall be deemed existing obligations for purposes of this section if the net proceeds are used to refmance existing obligations contained on the statement. 147 ... ... ... ... (e) .. .. .. .. ,.. .. ... (f) ... ... ... ... ... ... .. ... ... ... ... ... .. ... .. .. .. .. .. ... .. ... .. ... .. ,. irIl o o In each fIScal year prior to July 1, 1996, the agency may deposit less than the amount required by subdivisions (c) and (d) into the Low and Moderate Income Housing Fund if the agency fmds that the deposit ofless than the amount required by those subdivisions is necessary in order to provide for the orderly and timely completion of public and private projects, programs, or activities approved by the agency prior to January 1, 1986, which are contained on the statement of existing programs adopted pursuant to subdivision (f). Approval of these projects, programs, and activities means approval by the agency of written documents which demonstrate an intent to implement a specific project, program, or activity. Any agency which deposits less than the amount required by subdivision (c) into the Low and Moderate Income Housing Fund pursuant to subdivision (d) or (e) shall adopt prior to September 1, 1986, by resolution, after a noticed public hearing, a statement of existing obligations or a statement of existing programs, or both. (1) The agency shall prepare and submit the proposed statement to the legislative body and to the Department of Housing and Community Development prior to giving notice of the public hearing. Notice of the time and place of the public hearing shall be transmitted to the Department of Housing and Community Development at least 15 days prior to the public hearing and notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the community once a week for at least two successive week prior to the public hearing. The legislative body shall maintain a record of the public hearing. (2) A copy of the resolution adopted by the agency, together with any amendments to the statement of the agency shall be transmitted to the Department of Housing and Community Development within 10 days following adoption of the resolution by the agency. (3) A statement of existing obligations shall describe each existing obligation and, based upon the best available information, as detennined by the agency, list the total amount of the existing obligation, the annual payments required to be made by the agency pursuant to the existing obligation, and the date the existing obligation will be discharged in full. (4) A statement of existing programs shall list the specific public and private projects, programs, or activities approved prior to January 1, 1986, which are necessary for the orderly completion of the redevelopment plan as it existed on January 1, 1986,. No project, program, or activity shall be included on the statement of existing progranls unless written evidence of the existence and approval of the project, program, or activity prior to January 1, 1986, is attached to the statement of existing programs. 148 ... ... - ... (g) - ... '"" io. ... .. (h) '"' ... "'" ... (i) "'" .. ... ... ... ... - ... c o If, pursuant to subdivision (d) or (e) the agency deposits less than 20 percent of the taxes allocated to the agency pursuant to Section 33670 in the 1985-86 fiscal year or any subsequent fiscal year in the Low and Moderate Income Housing Fund, the amount equal to the difference between 20 percent of the taxes allocated to the agency pursuant to Section 33670 for each affected project and the amount deposited that year shall constitute deficit of the project. The agency shall adopt a plan to eliminate the deficit in subsequent years as determined by the agency. The obligations imposed by this section, including deficits, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. In any litigation to challenge or attack a statement of existing obligations, the decision by the agency after the public hearing to include existing obligation on the statement of existing obligations, or the decision by the agency after the public hearing to include a project, program, or activity on the statement of existing programs, the court shall uphold the action of the agency unless the fmds and declares that this standard of review is necessary in order to protect against the possible impainnent of existing obligations, programs, and activities because agencies with project areas adopted prior to January I, 1977, have incurred existing obligations and have adopted projects, programs, and activities with the authority to receive and pledge the entire allocation of funds authorized by Section 33670. D. SECTION 4. Section 33413 of the Health and Safety Code is amended to read: Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project which is subject to a written agreement with the agency or where fmancial assistance has been provided by the agency, the agency shall, within four years of the destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed after September 1, 1989,75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low income households, lower income households, and persons and families of low and moderate income, as the persons displaced from those destroyed or removed units. - ... 33413. - (a) ... - .. ... .. ... .. ... III '"" .. '"' .. 149 ... .. ... .. (b) ... .. ... .. "" ... ... ... ... .. ... ... ... ... ... .. ... .. ... .. ... ... ... .. ... .. ... ... (c) ... i. "" i. "" i. - c o (1) At least 30 percent of all new or rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 50 percent of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. (2) At least 15 percent of all new or rehabilitated dwelling units developed with the project area by public or private entities or persons other than the agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 40 percent of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to very low income households. (3) The requirements of this subdivision shall apply independently of the requirements of subdivision (a) and in the aggregate to housing made available pursuant to paragraphs (1) and (2), respectively, and not to each individual case of rehabilitation, development, or construction of dwelling units. (4) Each redevelopment agency shall adopt a plan to comply with the requirements of this subdivision for each project area. The plan shall be consistent with, and may be included within, the community's housing element. The plan shall be reviewed and, if necessary, amended at least every five years in conjunction with the housing element cycle. The plan shall ensure that the requirements of this subdivision are met every 10 years. The plan shall include estimates of the number of new or rehabilitated residential units to be developed within the project area and the number of units for very low income households and low and moderate income households which will be developed in order to meet the requirements of paragraph (2). The plan shall also include estimates of the number of agency developed residential units which will be developed during the next five years if any and the number of units for very low income households and low and moderate income households which will be developed during the same period of time to meet the requirements of paragraph (1). If the requirements of this subdivision are not met by the end of each 10-year period, the agency shall meet these goals on an annual basis until the requirements within for the lO-year period are met. If the agency has exceeded the requirements within the 10-year period, the agency may count the units that exceed the requirement in order to meet the requirements during the next lO-year period. The agency shall require that the aggregate number of replacement dwelling units and other dwelling units rehabilitated, developed, or constructed pursuant to subdivision (a) or (b) remain available at affordable housing cost to persons and families of low income, moderate income, and very low income households, respectively, for the longest feasible time, as determined by the agency, but for not less than the period of the land use controls established in the redevelopment plan, except to the extent a longer period of time may be required by other provisions of law. If land on which those dwelling units are located is 150 ... ... ... .. ... .. ... (d) ... ... .. ... ... ... ... ... ... ... .. ... (e) ... ... .. (f) ... .. ... ... ... - ... ... (g) ... ioo E. ... ... ... III ... ill .~ U o deleted from the project area, the agency shall continue to require that those units remain affordable as specified in the previous sentence. These requirements shall be made enforceable in the same manner as provided in subdivision (e) of Section 33334.3. (I) This section applies only to redevelopment projects for which a fmal redevelopment plan is adopted pursuant to Article 5 (commencing with Section 33360) on or after January I, 1976. In addition, subdivision (a) shall apply to any other redevelopment project with respect to dwelling units destroyed or removed from the low and moderate income housing market on or after January I, 1996, irrespective of the date of adoption of a final redevelopment plan or an amendment to a fmal redevelopment plan adding areas to a project area. Additionally, any agency may, by resolution, elect to make all or part of the requirements of this section applicable to any redevelopment project of the agency for which the fmal redevelopment plan was adopted prior to January 1,1976. (2) An agency may, by resolution, elect to require that whenever dwelling units housing persons or families of low or moderate income ate destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the agency shall replace each dwelling unit with up to two replacement dwelling units pursuant subdivision (a). Except as otherwise authorized by law, this section does not authorize an agency to operate a rental housing development beyond the period reasonably necessary to sell or lease the housing development. Notwithstanding subdivision (a), the agency may replace destroyed or removed dwelling units with a fewer number of replacement dwelling units if the replacement dwelling units meet both of the following criteria: (1) The total number of bedrooms in the replacement dwelling units equal or exceed the number of bedrooms in the destroyed or removed units. Destroyed or removed units having one or no bedroom are deemed for this pmpose to have one bedroom. (2) The replacement units are affordable to the same income level of households as the destroyed or removed units. "Longest feasible time", as used in this section, includes, but is not limited to, unlimited duration. SECTION 5 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act cuntains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of Govemment Code. If the 151 - ... ... ... ... ... ... .. I'" ~ A. ... .. ... ... ... ... "" (1) .. ... .. ... .. ... 10. ~ ... ... -. ... .. ,.. ... (2) ~ "" If .. ic . c o statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. SECTIONS OF THE COMMUNITY REDEVELOPMENT LAW 33334.2. Housin!: for persons and families oflow or moderate income: findingll (a) Not less than 20 percent of all taxes which are allocated to the agency pursuant to Section 33370 shall be used by the agency for the purposes of increasing, improving, and preserving the cornmunity's supply oflow and moderate income housing available at affordable housing cost, as defmed by Section 50052.5, to persons and families oflow or moderate income, as defined in Section 50093, and very low income households, as defmed in Section 50105, unless one of the following fmdings is made annually by resolution: (A) That no need exists in the community to improve, increase, or preserve the supply of low and moderate income housing, including housing for very low income households in a manner which wonld benefit the project area and that this fmding is consistent with the housing element of the community's general plan required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 10fTitle 7 of the Government Code, including its share of the regional housing needs of very low income households and persons and families of low or moderate income. (B) This fmding shall only be made if the housing element of the community's general plan demonstrates that the community does not have a need to improve, increase, or preserve the supply oflow and moderate income housing available at affordable housing cost to persons and families oflow or moderate income and to very low income households. This fmding shall only be made if it is consistent with the planning agency's annual report to the legislative body of implementation of the housing element required by subdivision (b) of Section 65400 of the Government Code. No agency of a charter city shall make this fmding unless the planning agency submits the report pursuant to subdivision (b) of Section 65400 of the Government Code. This finding shall not take effect until the agency has complied with subdivision (b) of this section. (A) That some stated percentage less than 20 percent of the taxes which are allocated to the agency pursuant to Section 33670 is sufficient to meet the housing needs of the community, including its share of the regional housing needs of persons and families of low or moderate income and very low income households, and that this fmding is consistent with the housing element of the community's general plan required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. 152 ... 1M ... 1M ... 1M ... i. I"" ... ... 1M l'" .. I'" ... "'" , .. (3) ~ c I"" I ... ... ... "" , .. I~ .. , ... ,. i .. "" iii r .. c o (B) This fmding shall only be made if the housing element of the community's general plan demonstrates that a percentage of less than 20 percent will be sufficient to meet the community's need to improve, increase, or preserve the supply of low and moderate income housing available at affordable housing cost to persons and families oflow or moderate income and to very low income households. This finding shall only be made if it is consistent with the planning agency's annual report to the legislative body on implementation of the housing element required by subdivision (b) of Section 65400 of the Government Code. No agency of a charter city shall make this finding unless the planning agency submits the report pursuant to subdivision (b) of Section 65400 of the Government Code. This fmding shall not take effect until the agency has complied with subdivision (b) of this section. (C) For purposes of making the fmdings specified in this paragraph and paragraph (1), the housing element of the general plan of a city or county shall be current, shall have been submitted to the Department of Housing and Community Development within the applicable time period, and shall be in compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (A) That the community is making a substantial effort to meet its existing and projected housing needs, including its share of the regional housing needs, with respect to persons and flllnilies of low and moderate income, particularly very low income households, as identified in tlle housing element of the community's general plan required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, and that tlIis effort, consisting of direct fmancial contributions of local funds used to increase and improve the supply of housing affordable to persons and fanillies of low or moderate income and very low income households, is equivalent in impact to the funds otherwise required to be set aside pursuant to this section. In addition to any other local funds, these direct fmancial contributions may include federal or state grants paid directly to a community and which the community has the discretion of using for the purposes for which monies in the Low and Moderate Income Housing Fund may be used. The legislative body shall consider the need which Cllll be reasonably foreseen because of displacement of persons and fanillies of low or moderate income or very low income households from within, or adjacent to , the project area, because of increased employment opportunities, or because of lIllY other direct or indirect result of implementation of the redevelopment plan. No fmding under this subdivision may be made until the community has provided or ensured the availability of replacement dwelling units as defmed in Section 33411.2 and until it has complied with the provisions of Article 9 (commencing with Section 33410). 153 ... c o Ia. ... iIa, ... (B) In making the determination that other fmancial contributions are equivalent in impact pursuant to this subdivision, the agency shall include only those fmancial contribution which are directly related to programs or activities authorized under subdivision (e) of this section. ... 11'" ",. (C) The authority for making the fIDding specified in this paragraph shall expire on June 30, 1993, except that the expiration shall not be deemed to impair contractual obligations to bondholders or private entities incurred prior to May I, 1991, and made in reliance on the provisions of this paragraph. Agencies which make this finding after June 30,1993, shall show evidence that the agency entered into the specific contractual obligation with the specific intention of making a fIDding under this paragraph in order to provide sufficient revenues to payoff the indebtedness. ... c 10. I'" , " (b) Within 10 days following the making ofa fIDding under either paragraph (1) or (2) of subdivision (a), the agency shall send the Department of Housing and Conununity Development a copy of the fmding, including the factual information supporting the fmding and other factual information in the housing element that demonstrates that either (1) the community does not need to increase, improve, or preserve the supply of housing for low-and moderate-income household, including very low income households, or (2) a percentage less than 20 percent will be sufficient to meet the community's need to improve, increase, and preserve the supply of housing for low -and moderate-income households, including very low income households. Within 10 days following the making of a finding under paragraph (3) of subdivision (a), the agency shall send tlle Department of Housing and Conununity Development a copy of the fmding , including the factual information supporting the fIDding that the community is making a substantial effort to meet its existing and projected housing needs. Agencies which make this finding after June 30, 1993, shall also submit evidence to the department of its contractual obligations with bondholders or private entities incurred prior to May I, 1991, and made in reliance on this finding. ... ,. ... r .. "' ... "'" "" .. '" l.. (c) In any litigation to challenge or attack a fmding made under paragraph (I), (2), or (3) of subdivision (a), the burden shall be upon the agency to establish that the finding is supported by substantial evidence in light of the entire record before the agency. If an agency is determined by a court to have knowingly misrepresented any material facts regarding the community's share of its regional housing need for low-and moderate-income housing, including very low income households, or the conununity's production record in meeting its share of the regional housing need pursuant to the report required by subdivision (b) of Section 65400 of the Government Code, the agency shall be liable for all court costs and plaintiffs attorney's fees, and shall be required to allocate not less than 25 percent of the agency's tax increment revenues to its Low and Moderate Income Housing Fund in each year thereafter. '" ... "" ill I'" .. "" iii ,. I.. ,... .. 154 - .. - ... (d) I"" I.. t t (e) "" i .. r- III "" .. r- I.. .. 10. .. .. .. ... "'" ... - .. .. ... ... .. .. .. .. -- ... .. c o Nothing in this section shall be construed as relieving any other public entity or entity with the power of eminent domain of any legal obligations for replacement or relocation housing arising out of its activities. In carrying out the purposes of this section, the agency may exercise any or all of its powers, including the following: (1) Acquire real property or building sites subject to Section 33334.16. (2) Improve real property or building sites with onsite improvements, but only if either (A) the improvements are made as part of a program which results in the new construction or rehabilitation of affordable housing units for low or moderate income persons that are directly benefitted by the improvements or (B) the agency fmds that the improvements are necessary to eliminate a specific condition that jeopardizes the health or safety of existing low or moderate income residents. (3) Donate real property to private or public persons or entities. (4) Finance insurance premiums pursuant to Section 33136. (5) Construct buildings or structures. (6) Acquire buildings or structures. (7) Rehabilitate buildings or structures. (8) Provide subsides to, or for the benefit of, very low income households, as defmed by Section 50105,lower income households, as defmed by Section 50079.5, or persons and families oflow or moderate income, as defmed by Section 50093, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. (9) Develop plans, pay principal and interest on bonds,loans, advances, or other indebtedness, or pay financing or carrying charges. (10) Maintain the community's supply of mobile homes. (11) Preserve the availability to lower income households of affordable housing units in housing developments which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. 155 - .. ... ... "" ... ,.. l.. ,.. iI. "" I. .- .. '"' , I. ,.. .. - .. - .. - B. ... ... .. - .. .- - ... .. ... ... .... ... .... I - c :; (f) The agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 33413. However, nothing in this section shall be construed as limiting in any way the requirements of that section. (g) The agency may use these funds inside or outside the project area. The agency may only use these funds outside the project are upon a resolution of the agency and the legislative body that such use will be of benefit to the project. The determination by the agency and the legislative body shall be final and conclusive as to the issue of benefit to the project area. The Legislative fmds and declares that the provision of replacement housing pursuant to Section 33413 is always of benefit to a project. Unless the legislative body fmds before the redevelopment plan is adopted, that the provisions of low and moderate income housing outside the project area will be of benefit to the project, the project area shall include property suitable for low and moderate income housing. (h) The Legislative finds and declares that expenditures or obligations incurred by the agency pursuant to this section shall constitute an indebtedness of the project. (i) The requirements of this section shall only apply to taxes allocated to a redevelopment agency for which a final redevelopment plan is adopted on or after January 1, 1977, or for any area which is added to a project by an amendment to a redevelopment plan, which amendment is adopted on or after the effective date of this section. An agency may, by resolution, elect to make all or part of the requirements of this section applicable to any redevelopment project for which a redevelopment plan was adopted prior to January I, 1977, subject to any indebtedness incurred prior to the election. 33334.6 Deposit of tax increment monies into low and moderate income housing fund: legislative findings: applicabili(y of section: existing obligations: completion of projects. programs. or activities: statement of existing obligations or programs: deficit: indebtedness: standard of review (a) The Legislature finds and declares that the provision of housing is itself a fundamental putpose of the Community Redevelopment Law and that generally inadequate statewide supply of decent, safe, and sanitary housing affordable to persons and families oflow or moderate income, as defined by Section 50093, threatens the accomplishment of the primary putposes of the Community Redevelopment Law, including job creation, attracting new private investments, and creating physical, economic, social, and environmental conditions to remove and prevent the recurrence of blight. The Legislature further fmds and declares that the provision and improvement of affordable housing, as provided by Section 33334.2, except that a project area, or portion of a project area, for which a resolution was adopted pursuant to subdivision (i) of Section 33334.2 is subject to this section. Project areas subject of this section which are merged prior to, or on or after, January I, 1986, are subject to the requirements of both this section and Section 33487. The deposit of taxes into the Low and Moderate Income Housing 156 ... ... ... ... I"" .. (c) I"" iI. I"" ... ... , .. ... ... (d) ... ... ... .. ... .. I"" .. ... (e) .. ... .. ... .. ... ... ... (f) ... ... ... "" .. '" ill c o Fund in compliance with either this section or Section 33487 shall satisfy the requirements of both sections in the year those taxes are deposited. Except as otherwise permitted by subdivisions (d) and (e), not less than 20 percent of the taxes allocated to the agency pursuant to Section 33670 from project areas specified in subdivision (b) for the 1985-86 fiscal year and each succeeding fiscal year shall be deposited into the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 and used for the purposes set forth in Section 33334.2, unless the agency, by resolution, makes one of the fmdings described in paragraphs (1) to (3), inclusive, of subdivision (a) of Subdivision (a) of that section shall expire as specified in that paragraph. Subdivisions (b) and (c) (of Section 33334.2 apply if an agency makes any of those findings. In any fiscal year, the agency may deposit less than the amount required by subdivision (c) into the Low and Moderate Income Housing Fund if the agency finds that the difference between the amount deposited and the amount required by subdivision (c) is necessary to make payments under existing obligations of amounts due or required to be committed, set aside, or reserved by the agency during that fiscal year and which are used by the agency for that purpose. For purposes of tlus section, "existing obligations" means the principal of, and interest on, loans, monies advanced to or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the agency to finance or refmance, in whole or in part, any redevelopment project existing obligations for purposes of this section if the net proceeds are used to refinance existing obligations contained on the statement. In each fiscal year prior to July 1, 1996, the agency may deposit less than the amount required by subdivisions (c) and (d) into the Low and Moderate Income Housing Fund if the agency finds that the deposit of less than the amount required by those subdivisions is necessary in order to provide for the orderly and timely completion of public and private projects, programs, or activities approved by the agency prior to January 1, 1986, which are contained on the statement of existing programs adopted pursuant to subdivision (f). Approval of these projects, programs, and activities means approval by the agency of written documents which demonstrate an intent to implement a specific project, program, or activity and is not lin1i.ted to fmal approval of a specific project, program, or activity. Any agency which deposits less than the amount required by subdivision (c) into the Low and Moderate Income Housing Fund PUrsuatlt to subdivision (d) or (e) shall adopt prior to September 1, 1986, by resolution, after a noticed public hearing, a statement of existing obligations or a statement of existing programs, or both. 157 ... ... ... ... ... ... ... .. ,... ... ... ... ... ... ... ... ... ... ... .. ... ... ... .. ... (g) ... ... .. ... .. (h) ... .. ... .. ,. .. ... ... c o (1) The agency shall prepare and submit the proposed statement to the legislative body and to the Department of Housing and Conununity Development prior to giving notice of the public hearing. Notice of the time and place of the public hearing shall be transmitted to the Department of Housing and Community Development at least 15 days prior to the public hearing and notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the conununity once a week for at least two successive weeks prior to the public hearing. The legislative body shall maintain a record of the public hearing. (2) A copy of the resolution adopted by the agency, together with any amendments to the statement of the agency, shall be transmitted to the Department of Housing and Community Development within 10 days following adoption of the resolution by the agency. (3) A statement of existing obligations shall describe each existing obligation and based upon the best available information, as detennined by the agency, list the total amount of the existing obligation, the annual payments required to be made by the agency pursuant to the existing obligation, and the date the existing obligation will be discharged in full. (4) A statement of existing programs shall list the specific public and private projects, programs, or activities approved prior to January 1, 1986, which are necessary for the orderly completion of the redevelopment plan as it existed on January 1, 1986. No project, program, or activity shall be included on the statement of existing programs unless written evidence of the existence and approval of the project, program, or activity prior to January 1, 1986, is attached to the statement of existing programs. If, pursuant to subdivision (d) or (e), the agency deposits less than 20 percent of the taxes allocated to the agency pursuant to Section 33670 in the 1985-86 fiscal year or any subsequent fiscal year in the Low and Moderate Income Housing Fund the amount equal to the difference between 20 percent of the taxes allocated to the agency pursuant to Section 33670 for each affected project and the amount deposited that year shall constitute a deficit of the project. The agency shall adopt a plan to eliminate the deficit in subsequent years as detennined by the agency. The obligations imposed by this section, including deficits, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. 158 ... .. ... .. (i) "" .. ,.. Ii. I"" lo. ". .. ... ... c o In any litigation to challenge or attack a statement of existing obligations, the decision by the agency after the public hearing to include an existing obligation on the statement of existing obligations, or the decision by the agency after the public hearing to include a project, program, or activity on the statement of existing programs, the court shall uphold the action of the agency unless the court [mds that the agency has abused its discretion. The Legislature [mds and declares that this standard of review is necessary in order to protect against the possible impairment of existing obligations, programs, and activities because agencies with project areas adopted prior to January I, 1977, have incurred existing obligations and have adopted projects, programs, and activities with the authority to receive and pledge the entire allocation of funds authorized by Section 33670. ADDED AMENDMENTS SENATE BILL 732 A. HEALTH AND SAFETY CODE SECTION ... 1. SECTION 33320.1 .. ... (a) .. ... ... ... (b) .. ... ... ". ... ,.. .. ... ... (c) ... .. ... (d) .. .. .. .. .. "Project area" means, except as provided in Section 33320.2, 33320.3, 33320.4, or 33492.3, a predominantly urbanized area of a community which is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in this part, and which is selected by the planning commission pursuant to Section 33322. As used in this section, "predominantly urbanized" means that not less than 80 percent of the land in the project area: (I) Has been or is developed for urban uses; or (2) Is characterized by the condition described in paragraph (4) of subdivision (a) of Section 33031; or (3) Is an integral part of one or more areas developed for urban uses which are surrowlded or substantially surrounded by parcels which have been or are developed for urban uses. Parcels separated by only an improved right-of- way shall be deemed adjacent for the purpose of this subdivision. For the purposes of this section, a parcel of property as shown on the official maps of the county assessor is developed if that parcel is developed in a manner which is either consistent with zoning or is otherwise permitted under law. The requirement that a project be predominantly urbanized shall apply only to a project area for which a [mal redevelopment plan is adopted on or after January I, 1984, or to an area which is added to a project area by an amendment to a redevelopment plan, which amendment is adopted on or after January I, 1984. 159 .._n"..<,_~ ... "'" ... "'" ... ... ,.. I. r" I. ... ... ... .. ,.. .. ... ... - ... ... .. ... ... ... .. ... ... - .. ... .. ... .. "" .. ... ... o o 2. SECTION 33328.5 (a) If a redevelopment agency proposes to use the equalized assessment roll for the year following the equalized assessment roll which the redevelopment agency advised it would use pursuant to Section 33328, the redevelopment agency shall, prior to the adoption of the redevelopment plan using that different equalized assessment roll, either notify the county officials, taxing agencies, and the State Board of Equalization of the change in the equalized assessment roll that it proposes to use for the allocation of taxes pursuant to Section 33670 or prepare a report containing the information specified in subdivisions (a),(b),(c),(d),(e),and (0 of Section 33328. (b) Upon receipt of a notice pursuant to subdivision (a), the county officials charged with the responsibility of allocating taxes under Section 33670 and 33670.5 shall prepare and deliver to the redevelopment agency a report containing the information specified in subdivisions (a), (b), (c), (d), (e), and (0 of Section 33328. The report shall he prepared and delivered within the time periods specified in Section 33328 for reports prepared pursuant to that section. If a redevelopment agency gives the notice specified in subdivision (a), the redevelopment plan specified in the notice shall not be adopted until the time period for delivery of the report has expired. (c) At least 14 days prior to the public hearing on the redevelopment plan for which the redevelopment agency proposes to use a different equalized assessment roll, the redevelopment agency shall prepare and deliver to each taxing agency a supplementary report analyzing the effect of the use of the different equalized assessment roll which shall include those subjects required by subdivisions (b),(e), and (n) of Section 33352. In lieu of a supplementary report. (d) A redevelopment agency shall not he required to prepare a subsequent preliminary report specified in Section 33344.5, unless the report prepared pursuant to subdivision (b) states that the total assessed value in the project area is less than the total assessed value in the project area contained in the original report prepared pursuant to Section 33328, in which case a new preliminary report shall be prepared. (e) The use of a different assessment roll pursuant to this section shall meet the requirements of Section 16 of Article XVI of the California Constitution. (f) This section shall only apply to redevelopment plans adopted on or after January 1, 1993. The Legislature fmds and declares that the enactment of this section shall not be deemed to invalidate or limit the adoption of redevelopment plans pursuant to a different procedure prior to January 1, 1993. 160 ... ... ... ... c o 3. SECTION 33333.2 ... .. (a) ,.. !. ,. i. (1) ,.. .. ,.. .. ... ... ... ... 1"" .. ... ... ... ... ... ... ... (2) .. ... - ... ... ... .. ,.. ... ... .. A redevelopment plan containing the provisions set forth in Section 33670 shall contain all of the following limitations. A redevelopment plan that does not contain the provisions set forth in Section 33670 shall contain the limitations in paragraph(4): (A) A time limit on the establishing ofloans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant of Section 33670 to fmance in whole or in part the redevelopment project, which may not exceed 20 years from the adoption of the redevelopment plan, except by amendment of the redevelopment plan as authorized by subparagraph (B). This limit, however, shall not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413. The loans, advances, or indebtedness may be repaid over a period of time longer than this time limit as provided in this section. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the agency beyond this time limitation. :I:Im limit shall not prevent agencies from refinancing. refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid is not extended bt:)'ond the time limit to repay indebtedness required by this section. (B) The time limitation established by subparagraph (A) may be extended only by amendment of the redevelopment plan after the agency fmds, based on substantial evidence, that (i) significant blight remains within the project area; and (ii) this blight cannot be eliminated without the establishment of additional debt. However, this amended time limitation may not exceed 30 years from the effective date of the ordinance adopting the redevelopment plan. A time limit, not to exceed 30 years from the adoption of the redevelopment plan, on the effectiveness of the redevelopment plan. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts, unless the agency has not completed its housing obligations pursuant to Section 33413, in which case the agency shall retain its authority to implement requirements under Section 33413, including its ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. 161 ... .. ... .. (3) ... ioo ,.. ... (4) ,.. .. ... (b) I. ... (c) .. ... .. ... 4. ... (a) - ... - ... (1) - ... ... (2) .. - .. ... (3) .. ... (b) ioo ... ioo ... I. ... ioo c :) A time limit, not to exceed 45 years from the adoption of the redevelopment plan, to repay indebtness with the proceeds of property taxes received pursuant to Section 33670. After the time limit established pursuant to this paragraph, an agency may not receive property taxes pursuant to Section 33670. A time limit, not to exceed 12 years from the adoption of the redevelopment plan, for commencement of eminent domain proceedings to acquire property within the project area. lhis time limitation may be extended only by amendment of the redevelopment plan. If a redevelopment plan is amended to add territory. the amendment shall contain the time limits required by this section. 1his section shall apply only to redevelopment projects for which a fmal redevelopment plan is adopted pursuant to Article 5 (commencing with Section 33360) on or after Jannary 1. 1994. and to amendment that add territory and that are adopted on or after January 1, 1994. SECTION 33333.4 Every legislative body which adopted a fmal redevelopment plan prior to October 1, 1976, that contains the provisions set forth in Section 33670 but which does not contain all of the limitations required by Section 33333.2, shall adopt an ordinance on or before December 31,1986, which contains all of the following: A limitation on the number of dollars of taxes which may be divided and allocated to the redevelopment agency pursuant to the plan, including any amendments to the plan. Taxes shall not be divided and shall not be allocated to the redevelopment agency beyond that limitation. A time limit on the establishing of loans, advances_, and indebtedness to finance in whole, or in part, the redevelopment project. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the agency beyond the time limitation. A time limit, not to exceed 12 years, for commencement of eminent domain proceedings to acquire property within the project area. The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance, neither the legislative body not the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans. 162 The Legislative fmds and declares that this is necessary because redevelopment agencies with project areas established prior to October 1, 1976, have incurred existing obligations and indebtedness and have adopted projects, programs, and activities with the authority to receive and pledge the entire allocation of taxes authorized by Section 33670 and that it is necessary to protect against the possible impairment of existing obligations and indebtedness and to allow the completion of adopted projects and programs. ... .. ... ioo (c) ... .. ... 10. ... .. ... ... ... .. (d) ... ... (e) ... ... ... .. ... .. ... (f) Ii. ... .. .. (g) .. ... (1) .. ... .. ... .. (2) ... I. ... .. c o The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit allocation of taxes to an agency to the extent required to eliminate project deficits created under subdivision (g) of Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficit. In the event of a conflict between these limitations and the obligations under Section 33334.6, the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure of money's in the agency's Low and Moderate Income Housing Fund in accordance with Section 33334.3. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (b). This section shall not be constructed to allow the impairment of any obligation or indebtedness incurred by the legislative body or the agency pursuant to this part. In any litigation to challenge or attack any ordinance adopted pursuant to this section, the court shall sustain the actions of the legislative body and the agency unless the court fmds those actions were arbitrary or capricious. The ordinance adopted by the legislative body in compliance with this section does not relieve any agency of its obligations under Section 33334.2, 33334.3, Article 9 (commencing with Section 33410), or any other requirements contained in this part. A redevelQpment plan adopted on or after October 1 .1976. and prior to .Tanual'Y 1. 1994. containing the prQvisiQns set fQrth in SectiQn 33670. shall alsQ cQntain: A limitatiQn Qn the number Qf dollars Qf taxes that may be divided and allQcated tQ the agency pursuant tQ the plan. including any amendments tQ the plan. Taxes shall nQt be divided and shall nQt be allQcated tQ the agenc.y beYQnd this IimitatiQn. except pursuant tQ amendment Qf the redevelQpment plan. A time limit. not exceed 12 years. fQr cQmmencement Qf eminent dQmain prQceedings tQ aCqJ1ire prQperty within the pmiect area. This time limit may be extended Qnly pursuant tQ amendment Qf the redevelQpment plan. 163 .. ... .. ... c 8 5. SECTION 33333.6 .. ... The limitations of this section shall apply to every redevelopment plan adopted on or before December31, 1993. ... (A) (1) ... ... .. ,. .. ... .. ... III .. ... .. ;. .. ... .. ... (b) .. ... ... ... ... ... .. ... (c) .. III .. .. ... ~ (2) The time limit on the establishing of loans, advances, and indebtedness adopted pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or paragraph (2) of subdivision (a) of Section 3333.4 shall not exceed 20 years from the adoption of the redevelopment plan or January 1,2004, whichever is later. This limit, however, shall not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413. The limit shall not prevent agencies from refinancing. refunding. or restructuring indebtedness after the time limit if the indebtedness is not increa.~ed and the time during which the indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. The time limitation established by this subdivision may be extended, only by amendment of the redevelopment plan, after the agency fmds, based on substantial evidence that: (A) significant blight remains within the project area; and (B) this blight canoot be eliminated without the establislunent of additional debt. However, this amended time limitation may not exceed 10 years from the time limit established pursuant to this subdivision or the time limit on the effectiveness of the plan established pursuant to subdivision (b), whichever is earlier. The effectiveness of every redevelopment plan to which this section applies shall tennmate at a date which shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan or January 1,2009, whichever is later. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. Except as provided in subdivisions (g) and (h), a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after 10 years from the tennmation of the effectiveness of the redevelopment plan pursuant to subdivision (b). 164 ... ... ... ... (d) ... ... ... iooo ... ... - '"", -, ,"", (e) ...' ,"", .... ,." .... I." .... .., .... ... ~. .... (f) ~. ... ~. ... ... ... ... loll. ... ... ~. .. (1) (2) (1) (2) (1) (2) c C) If plans which had different dates of adoption were merged on or before December 31, 1993, the time limitations required by this section shall be counted individually for each merged plan from the date of the adoption of each plan. If an amendment to a redevelopment plan added territory to the project area on or before December 31, 1993, the time limitations required by this section shall commence, with respect to the redevelopment plan, from the date of the adoption of the redevelopment plan, and, with respect to the added territory, from the date of the adoption of the amendment. If plans that had different dates of adoption are merged on or after January 1, 1994, the time limitations required by this section shall be counted individually for each merged plan from the date of the adoption of each plan. Unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by this section and each of these limitations does not exceed the applicable time limits established by this section, the legislative body, acting by ordinance on or before December 31,1994, shall amend every redevelopment plan adopted prior to January 1, 1994, either to amend an existing time limit that exceeds the applicable time limit established by this section or to establish time limits that do not exceed the provisions of subdivision (a),(b), or (c). The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance required by this section, neither the legislative body not the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans. If a redevelopment plan adopted prior to January 1,1994, contains one or more limitations required by this section, and the limitation does not exceed the applicable time limit required by this section, this section shall not be construed to require an amendment of this limitation. A redevelopment plan adopted prior to January 1, 1994, that has a limitation shorter than the terms provided in this section may be amended to extend the limitation, within the applicable time limit established by this section, pursuant to Section 33354.6. This amendment shall be subiect to referendum as provided in Section 33450. 165 (j) The Legislature fmds and declares that the amendments made to this section by the act that adds this subdivision are intended to add limitations to the law on and after January I, 1994, and are not intended to change or express legislative intent with respect to the law prior to that date. It is not the intent of the Legislature to affect the merits of any litigation regarding the ability of a redevelopment agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to law that existed prior to January 1, 1994. - ~ - ~ (g) - .. - .. ... .. ... .. -, ..., -, (h) ..., -, ..., -, ..., -. ..., ... ..., ... .... c .:) The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit allocation of taxes to an agency to the extent required to eliminate project deficits created under subdivision (e) of Section 33320.5, subdivision (g) of Section 33334.6, or subdivision (d) of Section 33487, in accordance with the plan adopted pursuant thereto for the pwpose of eliminating the deficits or to implement a replacement housing program pursuant to Section 33413. In the event of a conflict between these limitations and the obligations under Section 33334.6 or to implement a replacement housing program pursuant to Section 33413,the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to and Moderate Income Housing Fund in accordance with Section 33334.3 or to permit implementation of the replacement housing program pursuant to Section 33413. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (e). This section shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the legislative body, or the agency pursuant to this part, prior to January I, 1994, after the date identified in subdivision (c) or the date identified in the redevelopment plan, whichever is earlier, except as provided in paragraph (2) of subdivision (f) or in subdivision (h). ... !kL If a redevelopment plan is amended to add territory. the amendment shall contain the time limits reqJ1ired by Section 33333.2. .... ... 6. SECTION 33334.3 ... ... ... ... .... ... ... .... ... (a) The funds which are required by Section 33334.2 or 33334.6 to be used for the pwposes of increasing and improving the community's supply of low and moderate-income housing shall be held in a separate Low and Moderate Income Housing Fund until used. 166 ... ... ...' ... (b) ... ... ... ... (c) ... ...' ... (d) -, ...' ..., .... ..., .... -, (e) ...' ... .... ... -. .. -. .. .... ... -. ... .... ... ... ... ... ... .... ... c o Any interest eamed by the Low and Moderate Income Housing Fund and any repayments or other income to the agency for loans, advances, or grants, of any kind from the Low and Moderate Income Housing Fund, shall accrue to and be deposited in, the fund and may only be used in the manner prescribed for the Low and Moderate Income Housing Fund. The monies in the Low and Moderate Income Housing Fund shall be used to increase, improve, and preserve the supply oflow and moderate income housing within the territorial jurisdiction of the agency. It is the intent of the Legislature that the Low and Moderate Income Housing Fund be used to the maximum extent possible to defray the costs of production, improvement, and preservation oflow_ and moderate income housing and that the amount of money spent for planning and general administrative activities associated with the development, improvement, and preservation of that housing not be disproportionate to the amount actually spent for the costs of production, improvement, or preservation of that housing. The agency shall determine annually that the planning and administrative expenses are necessary for the production, improvement, or preservation of low and moderate-income housing. (1) Planning and general administrative costs which may be paid with monies from the Low and Moderate Income Housing Fund are those expenses incurred by the agency which are directly related to the programs and activities authorized under subdivision (e) of Section 33334.2 and are limited to the following: (A) Costs incurred for salaries, wages, and related costs of the agency's staff or for services provided through interagency agreements, and agreements with contractors, including usual indirect costs related thereto. (B) Costs incurred by a nonprofit cOIporation which are not directly attributable to a specific project. (2) Legal, architectural, and engineering costs and other salaries, wages, and costs directly related to the planning and execution of a specific project which are authorized under subdivision (e) of Section 33334.2 and which are incurred by a nonprofit housing sponsor are not planning and administrative costs for the purposes of this section, but are instead project costs. (f) ill The requirements of this subdivision apply to all new or substantially rehabilitated housing units developed or otherwise assisted, with monies from the Low and Moderate Income Housing Fund, pursuant to an agreement approved by an agency on or after January 1, 1988. Except to the extent a longer period of time may be required by other provisions of 167 - .. - .. - .. - .. ... .. - ..., ,.." ..., ..' ..., ..' ..., ..' .., ..... .., ..... ... ..... I ... t ,... ... ..... ... .... ... ~ ,... 1M ..... ... ,... ... o ~ v law, the agency shall require that housing units subject to this subdivision shall remain available at affordable housing costs to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than the following periods of time, except as provided in Section 33334.13: .(A) Fifteen years for rental units. However, the agency may replace rental units with equally affordable and comparable rental units in another location within the community if (A) the replacement units are available for occupancy prior to the displacement of any persons and families oflow or moderate income residing in the units to be replaced and (B) the comparable replacement units are not developed with monies from the Low and Moderate Income Housing Fund. an Ten years for owner-occupied units. However, the agency may pennit sales of owner-occupied units prior to the expiration of the 10-year period for a price in excess of that otherwise pennitted under this subdivision pursuant to an adopted program which protects the agency's investment of monies from the Low and Moderate Income Housing Fund, including, but not limited to. an equity sharing program which establishes a schedule of equity sharing that pennits retention by the seller of a portion of those excess proceeds based on the length of occupancy. The remainder of the excess proceeds of the sale shall he allocated to the agency and deposited in the Low and Moderate Income Housing Fund. .(2) The agency shall require the recording in the office of dIe county recorder of covenants of restrictions implementing this subdivision for each parcel or unit of real property subject to this subdivision. Notwithstanding any other provision of law, the covenants or restrictions shall run with the land and shall be enforceable, against the original owner and successors in interest, by the agency or the community. (g) "Housing." as used in this section, includes residential hotels, as defmed in subdivision (k) of Section 37912. *The defmitions of "lower income households" and "very low income households" in Sections 50079.5 *and 50105 *shall apply to this section. "Longest feasible time," as used in this section, includes, but is not limited to, unlimited duration. (h) "Increasing, improving, and preserving the community's supply of low- and moderate-income housing," as used in this section and in Section 33334.2, includes the preservation of rental housing units assisted by federal, state, or local govenunent on the condition that units remain affordable to low- and moderate- 168 - - - - .. ... .. ... .. "" .. (i) "" .. ... .. ... 110I - ". ... .. ... l. ... ... ... .. ... .. ... - ... looI ... .. ... .. c .,....", V income households, including very low income households, for a specified period of time, beyond the date the subsidies and use restrictions could be terminated and the assisted housing units converted to market rate rentals. In preserving these units the agency shall require the units remain affordable to persons and families of low- and moderate-income and very low income households for the longest feasible time. However, the agency may replace rental units with equally affordable and comparable rental units in another location within the community if (1) the replacement units in another location are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (2) the comparable replacement units are not developed with monies from the Low and Moderate Income Housing Fund. ~ Agencies that have more than one project are may satisfy the requirements of Sections 33334.2 and 33334.6 and of this section by allocating, in any fIscal year, less than 20 percent in one project area, if the difference between the amount allocated and the 20 percent required, is instead allocated, in that same fIscal year, to the Low and Moderate Income Housing Fund from tax increment revenues from other project areas. Prior to allocating funds pursuant to this subdivision, the agency shall make the fmding required by subdivision (g) of Section 33334.2. 7. SECTION 33334.12 (a) (1) Upon failure of the agency to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year from the date the monies become excess surplus, as defined in paragraph (1) of subdivision (g), the agency shall do either of the following: (A) Disburse voluntarily its excess surplus to the county housing authority or to another public agency exercising housing development powers within the territorial jurisdiction of the agency in accordance with subdivision (b). (B) Expend or encumber its excess surplus within two additional years. (2) IT an agency, after three years has elapsed from the date that the monies become excess surplus, has not expended or encombered its excess surplus, the agency shall be subject to sanctions pursuant to subdivision (e), until the agency has expended or encumbered its excess surplus plus an additional amount, equal to 50 percent of the amount of the excess surplus that remains at the end of the three-year period. The additional expenditure shall not be from the agency's Low and Moderate Income Housing Fund, but shall be used in a manner that meets all requirements for expenditures from that fund. 169 - ... ... ... (b) ... .. ... ilo (c) ... ill "" .. (d) ... .. - .. ... (e) ... "" ill '" It ~ .. ... .. ... .. II" .. ,. III f" II. '" .. ... ... c --- -...I The housing authority or other public agency to which the money is transferred shall utilize the monies for the purposes of, and subject to the same restrictions that are applicable to, the redevelopment agency under this part, and for that purpose may exercise all of the powers of a housing authority under Part 2 (commencing with Section 34200) to an extent not inconsistent with these limitations. Notwithstanding Section 34209 or any other provision oflaw, for the purpose of accepting a transfer of, and using, monies pursuant to this section, the housing authority of a county or other public agency may exercise its powers within the territorial jurisdiction of a city redevelopment agency located in that county. The amount of excess surplus that shall be transferred to the housing authority or other public agency because of a failure of the redevelopment agency to expend or encumber excess surplus within one year shall be the amount of the excess surplus that is not so expended or encumbered. The housing authority or other public agency to which the monies are transferred shall expend or encumber these monies for authorized purposes not later than three years after the date these monies were transferred from the Low and Moderate Income Housing Fund. U) Until a time when the agency has expended or encumbered excess surplus monies pursuant to subdivision (a), the agency shall be prohibited from encumbering any funds or expending any monies derived from any source, except that the agency may encumber funds and expend monies to pay the following obligations, if any, that were incurred by the agency prior to three years from the date the monies became excess surplus: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by an agency, whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33640). (B) Loans or monies advanced to the agency, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) Contractual obligations which, if breached, could subject the agency to damages or other liabilities or remedies. (0) Obligations incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2 or 33334.6 (F) Obligations incurred pursuant to Section 33401. (G) An amount, to be expended for the operation and administration of the agency, that may not exceed 75 percent of the amount spent for those purposes in the preceding fiscal year. 170 - .. ... ... ... .. ... .. (f) ... ... ... (g) ... ... .. .. ... -- l. "" .. r II ,. l. "" ~ .. l.. ,. ~ '"' f; . ,. .. '" ill '"' .. c ...-... V m This subdivision shall not be construed to prohibit the e~nditure of excess surplus funds or other funds to meet the reqpirement in paragraph (2) of subdivision (a) that the agency spend or encumber excess surplus fuuds. plus an amount eqpal to 50 percent of excess surplus. prior to spending or encumbering funds for any other purpose. Nothing in this section shall be construed to limit any authority a redevelopment agency may have under other provisions of this part to contract with a housing authority for increasing or improving the community's supply of low- and moderate-income housing. For purposes of this section: (1) "Excess surplus" means any unexpended and unencumbered amount in an agency's Low and Moderate Income Housing Fund that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the Low and Moderate Income Housing Fund pursuant to Sections 33334.2 and 33334.6 during the agency's preceding four fiscal years. The first fiscal year to be included in this computation is the 1989-90 fiscal year, and the first date on which an excess surplus may exist is July 1, 1994. (2) Monies shall be deemed encumbered if committed pursuant to a legally enforceable contract or agreement for expenditure for purposes specified in Section 33334.2 or 33334.3. (3) (A) For purposes of determining whether an excess surplus exists, it is the intent of the Legislature to give credit to agencies which convey land for less than fair market value, on which low- and moderate-income housing is built or is to be built if at least 49 percent of the units developed on the land are available at affordable housing cost to lower income households for at least the time specified in subdivision (e) of Section 33334.3, and otherwise comply with all of the provisions of this division applicable to expenditures of monies from a low-and moderate-income housing fund established pursuant to Section 33334.3. Therefore, for the sole purpose of determining the amount, if any , of an excess surplus, an agency may make the following calculation: if an agency sells, leases, or grants land acquired with monies from the Low and Moderate Income Housing Fund, established pursuant to Section 33334.3, for an amount which is below fair maIket value, and if at least 49 percent of the units constructed or rehabilitated on the land are affordable to lower income households, as defmed in Section 50079.5, the difference between the fair market value of the land and the amount the agency receives may be subtracted from the amOlmt of monies in an agency's Low and Moderate Income Housing Fund. 171 ... .. ... .. ... .. ... .. ... ... .. i. .. (h) .. ... .. .. .. ... .. (i) .. .. ... III .. .. ... ... .. III II' .. ~ .. ... !ill "" ... c o (B) IT taxes that otherwise would have been required to be deposited in the Low and Moderate Income Housing Fund are used as security for bonds or other indebtedness, the proceeds of the bonds or other indebtedness shall not be counted in determining whether an excess surplus exists. Instead, the calculation made pursuant to paragraph (1) shall be made as if the bonds or other indebtedness had not been sold or incurred, and the agency had deposited the taxes in the Low and Moderate Income Housing Fund in accordance with Section 33334.3. (C) Nothing in this subdivision shall be construed to restrict the authority of an agency provided in any other provision of this part to expend funds from the Low and Moderate Income Housing Fund. Communities in which an agency has disbursed excess surplus funds pursuant to this section shall not disapprove a low-or moderate-income housing project funded in whole or in part by the excess surplus funds if the project is consistent with applicable building codes and the land use designation specified in any element of the general plan as it existed on the date the application was deemed complete. A local agency may require compliance with local development standards and policies appropriate to and consistent with meeting the quantified objectives relative to the development of housing, as required in housing elements of the community pursuant to subdivision (b) of Section 65583 of the Government Code. Notwithstanding subdivision (a), any agency that has funds that become excess surplus on July I, 1994, shall have, pursuant to subdivision (a), until January I, 1995, to decide to transfer the fWlds to a housing authority or other public agency, or until January I, 1997, to expend or encumber those funds, or face sanctions pursuant to subdivision (e). 8. SECTION 33344.5 After receiving the report prepared pursuant to Section 33328, or after the time period for preparation of that report has passed, a redevelopment agency, which includes a provision for the division of taxes pursuant to Section 33670 in the redevelopment plan, shall prepare and send to each affected taxing entity, as defmed in Section 33353.2, a prelinlinary report which shall contain all of the following: (a) The reasons for the selection of the project area. (b) A description of the physical and economic conditions existing in the project area. (c) A description of the project area which is sufficiently detailed for a determination as to whether the project area is predominantly urbanized. The description shall include at least the following information, which shall be based upon the tenllS described and defmed in section 33320.1: 172 ... .. ... .. ... .. ... ... ... .. - ... ... ... (d) ... .. - c o (1) The total number of acres within the project area. (2) The total number of acres that is characterized by the condition described in paragraph (4) of subdivision (a), of Section 33031. (3) The total number of acres that is an integral part of an area developed for urban uses. (4) The percent of property within the project area that is predominantly urbanized. (5) A map of the project area that identifies the property described in paragraphs (2) and (3) and the property not developed for an urban use. A preliminary assessment of the proposed method of fmancing the redevelopment of the project area, including an assessment of the economic feasibility of the project and the reasons for including a provision for the division of taxes pursuant to Section 33670 in the plan. (e) A description of the specific project or projects then proposed by the agency. ... ... (f) .. ... 9. ... A description of how the project or projects to be pursued by the agency in the project area will improve or alleviate the conditions described in subdivision (b). SECTION 33353.2 ... "Affected taxing entity" means any governmental taxing agency, levied a property tax on all or any portion of the property located in the proposed project area in the fiscal year prior to the fiscal year in which the report prepared pursuant to Section 33328 is issued. ... ... 10. - (a) ... - ... .. ... Iloo ... .. ... " ... .. SECTION 33413 Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low-and moderate-income housing market as part of a redevelopment project which is subject to a written agreement with the agency or where fmancial assistance has been provided by the agency, the agency shall, within four years of the destruction or removal, rehabilitate, develop, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units are destroyed or removed after September 1, 1989,75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low income households, lower income households, and persons and families of low and moderate income, as the persons displaced from those destroyed or removed units. 173 To satisfy the provisions of this paragraph, in whole or in part, the agency may cause, by regulation or agreement, to be available, at affordable housing costs, to persons and families of low or moderate income or to very low income households, as applicable, two units outside a project area for each unit that otherwise would have had to be available inside a project area. (ill) As used in this paragraph and in paragraph (1), "substantially rehabilitated dwelling units" means substantially rehabilitated multifamily rented dwelling units with three or more units or substantially rehabilitated, with agency assistance, single-family dwelling units with one or two units. ... .. ... .. (b) (1) .. ... ... .. ... (2)(A) (i) -- ... .. .. .. ... (ii) 1M ,.. .. ... 1M ... .. c o At least 30 percent of all new and substantially rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families oflow or moderate income. Not less than 50 percent of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. At least 15 percent 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 the agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 40 percent of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to very low income households. (iv) As used in this paragraph and in paragraph (1), "substantial rehabilitation" means rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the land value. (v) To satisfy the provisions of this paragraph, the agency may aggregate new or substantially rehabilitated dwelling units in one or more project areas, provided that the agency rmds, based on substantial evidence, after a public hearing, that the aggregation will not cause or exacerbate racial, ethnic, or economic segregation. (B) To satisfy the requirements of paragraph (1) and subparagraph (A), the agency may purchase, or otherwise acquire or cause by regulation or agreement the purchase or other acquisition of, long-term affordability covenants on multifamily units that restrict the cost of renting or purchasing those units that either: (i) are not presently available at affordable housing cost to persons and families of low or very low income households, as applicable; or (ii) are units that are presently available at affordable housing cost to this same group of persons or families, but are units that the agency fmds, based upon substantial evidence, after a public hearing cannot reasonably be expected to remain affordable to this same group of persons or families. ... ... ... .. .. "" .. .. r'" .. ... .. .. .. ... ... 174 - ... - ... (C) ... ... ... ... ... ... ... ... (3) "" ... ... ... (4) ,.. ... ... ... ... ... ... ... ... ... (c) ... ... ... ... ... ... ... ... ... ... ... ... c () To satisfy the requirements of paragraph (1) and subparagraph (A), the long-term affordability covenants purchased or otherwise acquired pursuant to subparagraph (B) shall be required to be maintained on dwelling units at affordable housing tlla1 for not less than 30 years. Not more than 50 percent of the units made available pursuant to paragraph (1) and subparagraph (A) may be assisted through the purchase or acquisition of long-term affordability covenants pursuant to subparagraph (8), Not less than 50 percent or the units made available through the purchase or aCCIJdsition or long-term affordability covenants pursuant to subparagraph (8) shall be available at affordable housing cost to. and occupied by. very low income households. The requirements of this subdivision shall apply independently of the requirements of subdivision (a). The requirements of this subdivision shall apply, in the aggregate to housing made available pursuant to paragraphs (1) and (2), respectively, and not to each individual case of rehabilitation, development, or construction of dwelling units, unless an agency determines otherwise. Each redevelopment agency, as part of the implementation plan required by Section 33490, shall adopt a plan to comply with the requirements of this subdivision for each project area. The plan shall be consistent with, and may be included within, the community's housing element. The plan shall be reviewed and, if necessary, amended at least every five years in conjunction with ~ the housing element cycle or the plan implementation cycle. The plan shall ensure that the requirements of this subdivision are met every 10 years. Requirements of this subdivision are not met by the end of each 10-year period, the agency shall meet these goals on an annual basis until the requirements for the lO-year period are met. If the agency has exceeded the requirements within the 10-year period, the agency may count the units that exceed the requirement in order to meet the requirements during the next lO-year period. The plan shall contain the contents reqpired by paragraphs (2) and (;3) or snbdivision (a) or Section 33490. The agency shall require that the aggregate number of replacement dwelling units and other dwelling units rehabilitated, developed, constructed, or price-restricted pursuant to subdivision (a) or (b) remain available at affordable housing cost to persons and families of low-income, moderate-income, and very low income households, respectively, for the longest feasible time, as determined by the agency, but for not less than the period of the land use controls established in the redevelopment plan, except for the following: (1) A longer period of time may be required by other provisions of law. (2)(A) The agency may pennit sales of owner-occupied units prior to the expiration of the period of the land use controls established by tlle agency for a price in excess of that otherwise pennitted under this subdivision pursuant to an adopted program which protects the agency's investment of 175 "'-.---.----. ... ... ... ... ... ... ... ... ... ... ... .. ... - ... ... ... ... ... ... ... ... ... ... - .. ,.... ... ... ... ... .. ... .. ... ... ... ... c :) monies from the Low and Moderate Income Housing Fund, including, but not limited to, an equity sharing program that establishes a schedule of equity sharing that permits retention by the seller of a portion of those excess proceeds, bases on the length of occupancy. The remainder of the excess proceeds of the sale shall be allocated to the agency, and deposited into the Low and Moderate Income Housing Fund. The agency shall, within three years from the date of sale of units under this subparagraph, expend funds to make affordable an equal number of units at the same income level as units sold under this subparagraph. (B) Ifland on which those dwelling units are located is deleted from the project area, the agency shall continue to require that those units remain affordable as specified in this subdivision. The requirements of this subdivision shall be made enforceable in the same manner as provided in subdivision (f) of Section 33334.3 (d) This section applies only to redevelopment projects for which a final redevelopment plan is adopted pursuant to Article 5 (conunencing with Section 33360) on or after January I, 1976, and to areas which are added to a project area by amendment to a final redevelopment plan adopted on or after January 1, 1976. In addition, subdivision (a) shall apply to any other redevelopment project with respect to dwelling units destroyed or removed from the low- and moderate-income housing market on or after January 1, 1976, irrespective of the date ofadoption of a fmal redevelopment plan or an amendment to a fmal redevelopment plan adding areas to a project area. Additionally, any agency may, be resolution, elect to make all or part of the requirements of this section applicable to any redevelopment project of the agency for which the fmal redevelopment plan was adopted prior to January 1, 1976. (1) (2) An agency may, by resolution, elect to require that whenever dwelling units housing persons or families of low or moderate income are destroyed or removed from the low-and moderate-income housing market as part of a redevelopment project, the agency shall replace each dwelling unit with up to three replacement dwelling units pursuant to subdivision (a). (e) Except as otherwise authorized by law, this section does not authorize an agency to operate a rental housing development beyond the period reasonably necessary to sell or lease the housing development. (f) Notwithstanding subdivision (a), the agency may replace destroyed or removed dwelling units with a fewer number of replacement dwelling units if the replacement dwelling units meet both of the following criteria: 176 ... ... ... ... ... 100 ... ... ... ... (g) ... ... (h) ... .. c ~ (1) The total number of bedrooms in the replacement dwelling units eqpals or exceeds the number of bedrooms in the destroyed or removed units. Destroyed or removed units having one or no bedroom are deemed for this purpose to have one bedroom. (2) The replacement units are affordable to the same income level of households as the destroyed or removed units. "Longest feasible time," as used in this section, includes, but is not limited to, unlimited duration. This section shall remain in effect only until January 1, 1997, and as of that date is repealed, unless a later enacted statue, which is enacted before January 1, 1997, deletes or extends that date. ... 11. SECTION 33413 ... (a) ,.. ... ... ... ... .. ... .. ... ... ... ( b) ... ... ... ... ... (2) ... .. ... ... ... ... Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project which is subject to a written agreement with the agency or where fmancial assistance has been provided by the agency, the agency shall, within four years of the destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units which have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing m within the territorial jurisdiction of the agency. When dwelling units are destroyed or removed after September 1, 1989,75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low income households, lower income households, and persons and families oflow and moderate income, as the persons displaced from those destroyed or removed units. (1) At least 30 percent of all new or rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 50 percent of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. At least 15 percent of all new or rehabilitated dwelling units developed within the project area by public or private entities or persons other than the agency shall be available at affordable housing cost to persons and families of low or moderate income. Not less than 40 percent of the dwelling units required to be available at affordable housing cost to persons and families of low or moderate income shall be available at affordable housing cost to very low income households. 177 .. ... .... ... /"" (3) ... .. ... (4) .... ... .. ... ... ... .. ... .. - .. (c) ... .. .. .... ... .. ... .... ... .. .. .. 100 .. ... .. ... .... ... c :) The requirements of this subdivision shall apply independently of the requirements of subdivision (a) and in the aggregate to housing made available pursuant to paragraph (I) and (2), respectively, and not to each individual case of rehabilitation, development, or construction of dwelling units. Each redevelopment agency, as part of the implementation plan l1y Section 33490. shall adopt a plan to comply with the requirements of this subdivision for each project area. The plan shall he consistent with, and may be included within, the community's housing element. The plan shall be reviewed and, if necessary, amended at least every five years in conjunction with mIw: the housing element cycle or the plan implementation ~ycle. The plan shall ensure that the requirements of this subdivision are met every 10 years. If the requirements of this subdivision are not met by the end of each 10-year period, the agency shall meet these goals on an annual basis until the requirements for the 10-year period are met. If the agency has exceeded the requirements within the 10-year period, the agency may count tlle units that exceed the requirement in order to meet the requirements during the next 10-year period. The plan shall contain the contents required b.,y paragr:qlh (2) and (3) of subdivision (8) of Section 33490. The agency shall require that the aggregate number of replacement dwelling units and other dwelling units rehabilitated, developed, or constructed pursuant to subdivision (a) or (b) remain available at affordable housing cost to persons and farnilies of low-income, moderate-income, and very low income households, respectively, for the longest feasible time, as determined by the agency, but for not less than the period of the land use controls established in the redevelopment plan, except to the extent a longer period of time may be required by other provisions of law. If land on which those dwelling units are located is deleted from the project area, the agency shall continue to require that those units remain affordable as specified in the previous sentence. These requirements shall be made enforceable in the same manner as provided in subdivision (e) of Section 33334.3. (d) This section applies only to redevelopment projects for which a final redevelopment plan is adopted pursuant to Article 5 (commencing with Section 33360) on or after January 1, 1976, and to areas which are added to a project area by amendment to a final redevelopment plan adopted on or after January 1, 1976. In addition, subdivision (a) shall apply to any other redevelopment project with respect to dwelling units destroyed or removed from the low- and moderate-income housing market on or after January I, 1996, irrespective of the date of adoption of a fmal redevelopment plan or an amendment to a fmal redevelopment plan adding areas to a project area. Additionally, any agency may, by resolution, elect to make all or part of the requirements of this section applicable to any redevelopment project of the agency for which the final redevelopment plan (I) 178 iliL Any dwelling units constructed. rehabilitated. or acquired prior to .January 1. 1997. pursuant to provisions that were in effect at the time of the construction. rehabilitation. or acquisition may continue to be counted to meet the requirement~ oUhis section. ... liIIl ... ... ... (2) ... ... ... ... .. (e) ... .. (f) ... ... ... (1) ... ... .. ... (2) .. ... (g) .. ... .. - .. c o was adopted prior to January 1, 1976. An agency may, by resolution, elect to require that whenever dwelling units housing person or families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project, the agency shall replace each dwelling unit with up to three replacement dwelling units pursuant to subdivision (a). Except as otherwise authorized by law, this section does not authorize an agency to operate a rental housing development beyond the period reasonably necessary to sell or lease the housing development. Notwithstanding subdivision (a), the agency may replace destroyed or removed dwelling units with a fewer number of replacement dwelling units if the replacement dwelling units meet both of the following criteria: The total number of bedrooms in the replacement dwelling units equal or exceed the number of bedrooms in the destroyed or removed units. Destroyed or removed units having one or no bedroom are deemed for this pwpose to have one bedroom. The replacement units are affordable to the same income level of households as the destroyed or removed units. "Longest feasible time," as used in this section, includes, but is not limited to, unlimited duration. ... (i) This section shall become operative on January 1, 1997. .. 12. ... (a) ... ... .. ... .. ... ... ... ... SECTION 33433 (1) Except as provided in subdivision (c), before any property of the agency acquired in whole or in part, directly or indirectly, with tax increment monies is sold or leased for development pursuant to the redevelopment plan, the sale or lease shall fIrst be approved by the legislative body by resolution after public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specifIed in Section 6066 of the Government Code, prior to the hearing. (2) The agency shall make available, for public inspection and copying at a cost 179 .. .. ... .. .. ... .. .. .. .. - ... ,... ... - .. - ... - .. - ... - ... .. ... - ... - (b) ... .. ... - ... (1) .. .. - .. c ."",,, .....,; not to exceed the cost of duplication, a report no later than the time of publication of the first notice of the hearing mandated by this section. This report shall contain both of the following: (A) A copy of the proposed sale or lease. (B) A summary which describes and specifies all of the following: (i) The cost of the agreement to the agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the agency, plus the expected interest on any loans or bonds to finance the agreements. (ii) The estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the plan. (ill) The estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease. The purchase price present value of the lease payments which the lessor will be required to make during the term of the lease. H the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use consistent with the redevelopment plan, then the agency shall provide as part of the summary an explanation of the reasons for difference. (iv) An explanation of why the sale or lease of the property will assist in the elimination of blight, with reference to all supporting facts and materials relied upon in making this explanation. (v) The report shall be made available to the public no later than the time of publication of the first notice of the hearing mandated by this section . The resolution approving the lease or sale shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for that purpose and shall contain a finding that the sale or lease of the property will assist in the elimination of blight or provide housing for low-or moderate-income persons. and is consistent with the implementation plan adopted pursuant to Section 33490. The resolution shall also contain one of the following: The consideration is not less than the fair market value at its highest and best use in accordance with the plan. 180 ... ... ... ... (2) !"" ... o :) The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease. 13. SECTION 33445 ... ... (a) ... ... ... ... (1) ... ... .. ... (2) ... ... (3) ... ... ... - (b) ... ... ... - ... ... ... ... - ... (c) - .. !"" .. .. .. Notwithstanding Section 33440, an agency may, with the consent of the legislative body, pay all or a part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or without the project area, if the legislative body determines ilII of the following: That the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located, regardless of whether the improvement is within another project area, or in the case of a project area in which substantially all of the land is publicly owned that the improvement is of benefit to an adjacent project area of the agency. That no other reasonable means of fmancing the buildings, facilities, structures, or other improvements, are available to the community. That the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area or provide housing for low- or moderate-income persons. and is consistent with the implementation plan adopted pursuant to Section 33490. The determinations by the agency and the local legislative body pursuant to subdivision (a) shall be final and conclusive. For redevelopment plans, and amendments to those plans which add territory to a project, adopted after October 1, 1976, acquisition of property and installation or construction of each facility shall be provided for in the redevelopment plan. A redevelopment agency shall not pay for the normal maintenance or operations of buildings, facilities, structures, or other improvements which are publicly owned. Normal maintenance or operations do not include the construction, expansion, addition to, or reconstruction of , buildings, facilities, structures, or other improvements which are publicly owned. Normal maintenance or operations do not include the construction, expansion, addition to, or reconstruction of, buildings, facilities, structures, or other improvements which are publicly owned otherwise undertaken pursuant to this section. When the value of the land or the cost of the installation and construction of the building, facility, structure, or other improvement, or both, has been, or will be, paid or provided for initially by the community or other public corporation under which it agrees to reimburse the community or other public corporation for all or part of the value of the land or all or part of the cost of the building, facility, structure, or other improvement, or both, by periodic payments over a period of 181 - ... .- ... ... ... ... ... - ... - ... ... ... - ... ... ... - ... - ... - ... - ... - ... ... ... r - ... - ... - ... - ... c .:) years. (d) The obligation of the agency under the contract shall constitute an indebtedness of the agency for the purpose of carrying out the redevelopment project for the project area, which indebtedness may be made payable out of taxes levied in the project area and allocated to the agency under subdivision (b) of Section 33670, or out of any other available funds. (e) In a case where the land has been or will be acquired by, or the cost of the installation and construction of the building, facility, structure or other improvement has been paid by, a parking authority, joint powers entity, or other public corporation to provide a building, facility, structure, or other improvement which has been or will be leased to the community, the contract may be made with, and the reimbursement may be made payable to, the community. (f) With respect to the fmancing, acquisition, or construction of a transportation, collection, and distribution system and related peripheral parlcing facilities, in a county with a population of 4,000,000 persons or more, the agency shall, in order to exercise the powers granted by this section, enter into an agreement with the rapid transit district which includes the county, or a portion thereof, in which agreement the rapid transit district shall be given all of the following responsibilities: (1) To participate with the other parties to the agreement to design, determine the location and extent of the necessary rights-of-way for, and construct, the transportation, collection, and distribution systems and related peripheral parking structures and facilities. (2) To operate and maintain the transportation, collection, and distribution systems and related peripheral parking structures and facilities in accordance with the rapid transit district's outstanding agreements and the agreement required by this paragraph. (g) (1) Notwithstanding any other authority granted in this section, and agency shall not pay for, wither directly or indirectly, with tax increment funds the construction or rehabilitation of a building that is, or that will be used as, a city hall or county administration building. (2) This subdivision shall not preclude an agency from making payments to construct, rehabilitate, or replace a city hall if an agency does any of the following: (A) Allocates tax increment funds for this purpose during the 1988-89 fiscal year and each fiscal year thereafter in order to comply with federal and state seismic safety and accessibility standards. (B) Uses tax increment funds for the purpose of rehabilitating or replacing a 182 ... c ,....." v lOW ... ... city hall that was seriously damaged during an earthquake that was declared by the President of the United States to be a natural disaster. ... ... (C) Uses the proceeds of bonds, notes, certificates of participation, or other indebtedness that was issued prior to January 1, 1994, for the purpose of constructing or rehabilitating a city hall, as evidenced by documents approved at the time of the issuance of the indebtedness. - ... - ... 14. SECTION 33452 ... {a} Notice of 1IK hearing shall be published pursuant to Section 6063 *of the Government Code prior to the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing shall include a legal description of the boundaries of the project area by reference to the description recorded with the county recorder pursuant to Section 33373 and of the boundaries of the land proposed to be added to the project area, if any, and a general statement of the purpose of the amendment. ... ... lOW ... .. ... ... au Copies of the notices published pursuant to this section shall be mailed b.y first- class mail. to the last known assessee of each parcel of land not owned by the agency with 1IK boundaries referred to in subdivision (a), at his or her last known address as shown on the last equalized assessment roll of the county; or where a city assesses, levies, and collects its own taxes, as shown on the last equalized assessment roll of the city; or to the owner of each parcel of land with ~ boundaries as the ownership is shown on the records of the county recorder 30 days prior to the date the notice is published, and to persons, fInns, or corporations which have acquired property within ~ boundaries from the agency, at his or her last known address as shown by the records of the agency. .. ... ... ... ... .. ... ilL COJ)ies of the notice published pursuant to this section shall be mailed. by first-class mail. to all residents and businesses within the project area designated in the redevelopment plan as proposed to be amended, at least 30 days prior to the hearing. ... lOW ... ... .aL The mailed notice requirement of this subdivision shall only apply when mailing address to all individuals and businesseo;. or to all occupants. are obtained by the agency at a reasonable cost. The notice may be addresses to "occupant.." If the agency acted in good faith to comply with the notice reqJlirements of this subdivision. the failure of the agency to provide the required notice to residents or businesses unknown to the agency or whose addresses cannot be obtained at a reasonable cost. shall not. in and of itself. invalidate an amendment to a redevelopment plan. .. - ... ... lOW ... ... ... 183 ... UIL Copies of the notices published pursuant to this section shall also be mailed to the governing body of each of the taxing agencies that levies taxes upon aQy proper(y in the prQject area designated in the redevelopment plan as pro-posed to be amended. Notices sent pursuant to this subdivision shall be mailed by certified mail with return receipt requested. ... .. ... ... ... ... ... ... c :; ... 15. SECTION 33490 all- Adoption of an implementation plan shall not constitute an approval of amc. specific program. proiect. or expenditure and shall not change the need to obtain any required approval of a iij)ecific program. project. or expenditure from the agency or communi(y. The adoption of an implementation plan shall not constitute a project within the meaning of Section 21000 of the Public Resources Code. However. the inclusion of a specific program. potential proiect. or expenditure in an implementation plan prepared pursuant to subdivision (c) of Section 33352 in coniunction with a redevelopment plan ado-ption shall not eliminate analysis of those programs. potential proiects. and eIqlenditures in the environmental impact report pr~ared pursuant ... (a) (1){A) ... ... ... ... ... .... ... ... ... .. ... ... ... ... ... ... ... .. ... ... ... ... ... .. ... ... ... ... On or before December 31, 1994, and each five years thereafter, each agency that has adopted a redevelopment plan prior to December 31, 1993, shall adopt, after a public hearing, an implementation plan that shall contain the specific goals and objectives of the agency for the project area, the specific programs. including potential projects, and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the project area and implement the requirements of Sections 33334.2, 33334.6, and 33413. Afkr adoption of the implementation plan. the parts of the implementation plan that address Sections 33334.2, 33334.4, 33334.6, and 33413 shall be adopted every five years either in coni unction with the housing element c:ycIe or the implementation plan ~ The agenc:y may amend the implementation plan after conducting a puhlic hearing on the proposed amendment. If an action attacking the adoption. approval. or validi(y of a redevelQpment plan adopted prior to .January 1. 1994. has been brought pursuant to Chapter 5 (commencing with Section 33500). the f"lI"st implementation plan required pursuant to this section shall be adopted within six months after a final judgment or order has been entered. Subsequent implemtation plans reqpired pursuant to this section shall be adopted pursuant to the terms of this section. and as if the first implementation plan had been adopted on or before December 31.1994. 184 to subdivision (k) of Section 33352 to the e . otherwise required. In add'" th' ~ent that It would be . _I IOn. __e IDcIuslOn of program t . proJects. and e!(penditures in . I . s. po entIal eliminate review ursuant to an unP. eme?tatIo~ plan shall not (Division 13 (cOl!mencing wit~~~~:~:~~I~ EnvIronment ~Jlality Act Code). at the time of the lIpproval of the 00) of the P~bhc Resources e!(penditure. to the extent that it would bProt~am: proJec~ or ___ _e 0._ erwlse requIred. (2)(A) A po~ion of the implementation Ian sha housIng responsibilities and shalconta' II add~ess the lIge?c:y Sections 33334.2, 33334.4. and 33334 6 ID a section addressIDg Income Housin F d . , " : the Low and Moderate annl' . g un. and.lfsubdlVlslOn (b) of Section 33413 _..... les. a sectIon addressin -d ----- housi?g. The section addre~s~:;n: Le;;I::~ ~n: proiect area HouslDg Fund shall contain: 0 erate Income (0 The amount available in the Lo d M and the estimated amounts which ~:nbe d ode~ate ~ncome Housing Fund Income Housing Fund during each f th eposIted ID the Low and Moderate __ 0 _e next five years. (ii~ A housing program with estimates of the nu prl.ce.restricted units to be assisted durin mber of new. rehabilitated. or estImates of the expenditures f f g each of the five years and H . ----- 0 moneJ rom the Lo d M d ousmg Fund, during each of the five years. w an 0 erate Income ... ... ... ... ... .. ... .. ... .. ... .. ... ... ... ... .... ... ... .. ... ... !IlL .- ... .(iL ... .. .- .. iliL ... .. ... .. iliiL ... .. ... ... fuL ... ... c ,..-., V ~;;I~::,h':::::~:o:-:~~~e:~:h t~ubdivision (b) of Section 33413 housing shall contain: g e lIgency developed and prQject area Estimates of the number of new. substa ' . . restricted residential un'ts t b d ntIally rehablhtated or price- I 0 e evelQ)ll:dorp h d ' . more proiect areas. both over the life 0 urc lIse ~IthlD one or 10 years. f the plan and durlDg the next ~stimates of the number of unit~ of ver IDc~me households required to be deveio 10w.l~w:. and moderate- project areas in order to meet the r . ped wIthlD one or more subdivision (b) of Section 33413 b ~~Irements ,of paragraph (2) of during the next 10 years. . 0 over the hfe of the plan and The number of units of ver low I households which h d Y . ow-. and moderate-income ave eveloped with' which meet the requirements f ID one or more prQject areas Section 33413. 0 paragraph (2) of subdivision (h) of Estimates of the numb f er 0 agency developed residential units which 185 UL Estimates of the number of agency developed unib for very low. low-. and moderate-income households which will be developed by the agency during the next five years to meet the requirement~ of paragraph (1) of subdivision (b) of Section 33413. ... .. ... .. ... .. ... ... ... .. (3) ... .. ... (b) ... ... ... .... - .... (c) - ~. - .... - .... ... (d) .... - .... c :) will be developed during the next five years. if allY. which will be governed by paragraph (l) of subdivision (b) of Section 33413. If the implementation plan contains a project that will result in the destruction or removal of dwelling units that will have to be replaced pursuant to subdivision (a) of Section 33413, the implementation plan shall identify proposed locations suitable for those replacement dwelling units. For a project area for which a redevelopment plan is adopted on or after January 1, 1994, the implementation plan prepared pursuant to subdivision (c) of section 33352 shall constitute the initial implementation plan and thereafter the agency after a public hearing shall adopt an implementation plan every five years commencing with the fifth year after the plan has been adopted. Agencies may adopt implementation plans that include more than one project area. Every agency, at least once within the five-year term of the plan, shall conduct a public hearing and hear testimony of all interested parties for the purpose of reviewing the redevelopment plan and the corresponding implementation plan for each redevelopment project within the jurisdiction and evaluating the progress of the redevelopment project. The hearing required by this subdivision shall take place no earlier than two years and no later than three years after the adoption of the implementation plan. An agency may hold one hearing for two or more project areas if those project areas are included within the same implementation plan. Notice of public hearings conducted pursuant to this section shall be published pursuant to Section 6063 of the Government Code and posted in at least four permanent places within the project area for a period of three weeks. Publication and posting shall be completed not less than 10 days prior to the date set for hearing. 16. SECTION 33607.5 - ... (a) (1) .. ... ... .... ... .... ... This section shall apply to each redevelopment project area that, pursuant to a redevelopment plan which contains the provisions required by Section 33670 is either: (A) adopted on or after January 1, 1994, including later amendments to these redevelopment plans; or (B) adopted prior to January 1, 1994 but amended, after January 1, 1994, to include new territory. For plans amended after January 1, 1994, only the tax increments from territory added by the amendment shall be subject to this section. All 186 .... 101 .... 101 .... ... .... 101 .... .. .... .. .... .. .... .. .... .. .... (3) ... - ... .... 101 - ... - ... .... ... .... ... .... .. .... .. .... ... c ::) the amounts calculated pursuant to this section shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 has been deducted from the total amount of tax increment funds received by the agency in the applicable fiscal year. (2) The payments made pursuant to this section shall be in addition to any amounts the affected taxing entities receive pursuant to subdivision (a) of Section 33670. The payments made pursuant to this section to the affected taxing entities shall be allocated among the affected taxing entities in proportion to the percentage share of property taxes each affected taxing entity receives during the fiscal year the funds are allocated. The agency shall reduce its payments pursuant to this section to an affected taxing entity by any amount the agency has paid, directly or indirectly, pursuant to Section 33445, 33445.5, 33445.6. 33446, or any other provision of law other than this section for, or in connection with, a public facility owned or leased by that affected taxing agency, except: (A) any amounts the agency has paid directly or indirectly pursuant to an agreement with a taxing entity adopted prior to January 1, 1994; or (B) any amounts that are wuelated to the specific project area or amendment governed by this section. (A) Of the total amount paid each year pursuant to this section to school districts, 43.9 percent shall be considered to be property taxes for the purposes of paragraph (1) of subdivision (h) of Section 42238 of the Education Code, and 56.1 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities. (B) Of the total amount paid each year pursuant to this section to community college districts, 47.5 percent shall be considered to be property taxes for the purposes of Section 84751 of the Education Code, and 52.5 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used for educational facilities. (C) Of the total amount paid each year pursuant to this section to county offices of education, 19.0 percent shall be considered to be property taxes for the purposes of Section 2558 of the Education Code, and 81.0 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be nsed for educational facilities. (D) Of the total amount paid each year pursuant to this section for special education, 19.0 percent shall be considered to be property taxes for the 187 .. - ... ... ... .. ... (4) .. .. .. .. - (b) .. ... .. .. - ... - .. - .. (c) .. ... - ... - .. ... ... .. .. .. .. .. ... .. 1M c 8 purposes of Section 56712 of the Education Code, and 81.0 percent shall not be considered to be property taxes for the purposes of that section and shall be available to be used fur. education facilities. Local education agencies that use funds received pursuant to this section for school facilities shall spend these funds at schools that are: (A) within the project area, (B) attended by students from the project area, (C) attended by students generated by projects that are assisted directly by the redevelopment agency, or (D) determined by the governing board of a local education agency to be of benefit to the project area. Commencing with the first fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community which has adopted the pnuect . an amount eqpal to 25 percent of the tax increments received by the agenc;y after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. In addition. in any fiscal year in which the agency receives tax increments. the community that has adopted the redevelo.pment prQject area may elect receive. and the agency shaIl pay to it. an amount equal to 25 percent of the tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. Commencing with the 11th fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community which has adopted the project. in addition to the amounts paid pursuant to subdivision(b) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 21 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount assessed value by which the current year assessed value exceeds the first adjusted base year assessed value. TIle first adjusted base year assessed value is the assessed value of the project area in the 10th fiscal year in which the agency receives tax increment revenues. (d) Commencing with the 31st fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community which has adopted the proiect. in addition to the amounts paid pursuant to subdivisions (b) and (c) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 14 percent of the portion of tax increments received by the agency, which shall be calculated by applying 188 ... ... ... ... ... ill "" iooo (e) "" .. JIll ill JIll I. I'" .. I'" ill ... ... ... ... (f) ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... c o the tax rate against the amount of assessed value by which the current year assessed value exceeds the second adjusted base year assessed value. The second adjusted base year assessed value is the assessed value of the project area in the 30th fiscal year in which the agency receives tax increments. (1) Prior to incurring any loans, bonds, or other indebtedness, except loans or advances from the community, the agency may subordinate to the loans, bonds or other indebtedness the amount required to be paid to an affected taxing entity by this section, provided that the affected taxing entity has approved these subordinations pursuant to this subdivision. (2) At the time the agency requests an affected taxing entity to subordinate the amount to be paid to it the agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service and the payments required by this section, when due. (3) Within 45 days after receipt of the agency's request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the agency will not be able to pay the debt payments and the amount required to be paid to the affected taxing entity. 1f the affected taxing entity does not act within 45 days after receipt of the agency's request, the request subordinate shall be deemed approved and shall be fmal and conclusive. (1) The Legislature fmds and declares both of the following: (A) The payments made pursuant to this section are necessary in order to alleviate thefinancial burden and detriment that affected taxing entities may incur as a result of the adoption of a redevelopment plan, and payments to this section will benefit redevelopment project areas. (B) The payments made pursuant to this section are the exclusive payments that are required to be made by a redevelopment agency to affected taxing entities during the term of a redevelopment plan. (2) Notwithstanding any other provision of law, a redevelopment agency shall not be required, either directly or indirectly, as a measure to mitigate a significant environmental effect or as part of any settlement agreement or judgment brought in any action to contest the validity of a redevelopment plan pursuant to Section 33501, to make any other payments to affected taxing entities, or to pay for public facilities that will be owned or leased to an affected taxing entity. 189 ,.. .. .. .. "" .. 17. .. .. (a) l'" ill I'll .. .. .. I'll ,. (b) II" (I) ... ,.. .. (2) ,.. .. ... .. ,.. .. ... (c) .. ,.. .. ... .. ,.. .. ,.. .. ... .. c :) (g) As used in this section, a "local education agency" is.. a school district, a community college district, or a county office of education. SECTION 33607.7 1bis section shall apply to a redevelopment plan amendment for any redevelopment plans adopted prior to January I, 1994, that increases the limitation on the number of dollars to be allocated to the redevelopment agency or the time limit on the establishing of loans, advances, and indebtedness established pursuant to paragraphs (1) and (2) of subdivision (a) of Section 33333.6, or that lengthens the period during which the redevelopment plan is effective if the redevelopment plan being amended contains the provisions required by subdivision (b) of Section 33670. However, this section shall not apply to those redevelopment plans add new territory. If a redevelopment agency adopts an amendment that is govemed by the provisions of this section, it shall pay to each affected taxing entity either of the following: If an agreement exists that requires payments to the taxing entity, the amount required to be paid by an agreement between the agency and an affected taxing entity entered into prior to January I, 1994. If an agreement does not exist, the amounts required pursuant to subdivisions (b), (c), (d), and (e) of Section 33607.5, until termination of the redevelopment plan, calculated against the amount of assessed value by which the current year assessed value exceeds an adjusted base year assessed value. The amounts shall be allocated between property taxes and educational facilities according to the appropriate formula in paragraph (3) of subdivision (a) of Section 33607.5. In determining the applicable amount under Section 33607.5, the first fiscal year shall be the first year following the fiscal year in which the adjusted base year value is determined. The adjusted base year assessed value shall be the assessed.Iillw: of the project area in the year in which the limitation being amended would have taken effect without the amendment or, if more than one limitation is being amend,ed, the first year in which one m: more of the limitations would have taken effect without the amendment. The agency shall commence making these payments pursuant to the terms of the agreement, if applicable, or, if an agreement does not exist, in the first fiscal year following the fiscal year in which the adjusted base year value is determined. 190 .. .. "'" III 18. ... .. (a) ... .. .. .. ... (1) ... .. III (2) .. .. ,.. .. ... .. ,.. (b) ... ,.. ... ... ... !"" .. ,.. .. ... .. .. .. ... ... ... ... I""" ~ .:> SECTION 33676 Prior to the adoption by the legislative body of a redevelopment plan providing for tax-increment fmancing pursuant to Section 33670, any affected taxing agency may elect to be allocated, and every school district and community college district shall be allocated, in addition to the portion of taxes allocated to the affected taxing agency pursuant to subdivision (a) of Section 33670, all or any portion of the tax revenues allocated to the agency pursuant to subdivision (b) of Section 33670 attributable to one or more of the following: Increases in the rate of tax imposed for the benefit of the taxing agency which levy occurs after the tax year in which the ordinance adopting the redevelopment plan becomes effective. If an agency pursuant to Section 33354.5 amends a redevelopment plan which does not utilize tax increment financing to add tax increment financing, and pursuant to subdivision (a) of Section 33670 uses the assessment roll last equalized prior to the effective date of the ordinance originally adopting the redevelopment plan, an affected taxing agency may elect to be allocated all or any portion of the tax revenues allocated to the agency pursuant to subdivision (b) of Section 33670 which the affected taxing agency would receive if the agency were to use the assessment roll last equalized prior to the effective date of the ordinance amending the redevelopment plan to add tax increment fmancing. (1) Any local education agency that is a basic aid district or office at the time the ordinance adopting a redevelopment plan is adopted and that receives no state funding, other than that provided pursuant to Section 6 of Article IX of the Califomia Constitution, pursuant to Section 2558, 42238, or 84750, as appropriate, of the Education Code, shall receive annually its percentage share of the property taxes from the project area allocated among all of the affected taxing entities during the fiscal year the funds are allocated, increased by an amount equal to the lesser of the following: (A) The percentage growth in assessed value that occurs throughout the district, excluding the portion of the district within the redevelopment project area. (B) Eighty percent of the growth in assessed value that occurs within the portion of the district within the redevelopment project area. (2) Subparagraphs (A) and (B) of paragraph (1) shall not apply to a redevelopment plan adopted by the legislative body of a community if both of the following occur: 191 (A) The median household income in the community in which the redevelopment project area is located is less than 80 percent of the median household income in the county in which the redevelopment project area is located. ... .. "" .. ... .. ... - c .~ (B) The preliminary plan for the redevelopment plan was adopted on or before September I, 1993, and the redevelopment plan was adopted on or before August 1, 1994. (3) Any local education agency that is a basic aid district or office at the time the ordinance amending a redevelopment plan is adopted pursuant to Section 33607.7 and that receives no state funding, other than that provided pursuant to Section 6 of Article IX of the California Constitution, pursuant to Section 2558, 42238, or 84751. as appropriate, of the Education Code, shall receive either of the following: .. ... - ... .. '" .. '" .. (A) If an agreement exists that requires payments to the basic aid district, the amount required to be paid by an agreement between the agency and the basic aid district entered into prior to January I, 1994. (B) If an agreement does not exist, the percentage share of the increase in property taxes from the project area allocated among all of the affected taxing entities during the fiscal year the funds in the project area are allocated, derived from 80 percent of the growth in assessed value that occurs within the portion of the district within the redevelopment project area from the year in which the amendment takes effect pursuant to subdivision (c) of Section 33607.7. "" .. "" ill ... - ... .. (4) ... - ... - (c) ... .. ... .. ... .. ... .. ... .. The redevelopment agency shall subtract from any payments made pursuant to this section the amount that a basic aid district receives pursuant to Sections 33607.5 and 33607.7 for the purposes of either paragraph (1) of subdivision (h) of Section 42238 of the Education Code or either Section 2558 or Section 84751 of Education Code. TIle governing body of any affected taxing agency, other than a school district and a community college district, electing to receive allocation of taxes pursuant to this section in addition to taxes allocated to it pursuant to subdivision (a) of Section 33670 shall adopt a resolution to that effect and transmit the same, prior to the adoption of the redevelopment plan, to (1) the legislative body, (2) the agency, and (3) the official or officials perforn1ing the functions of levying and collecting taxes for the affected taxing agency. Upon receipt by the officials of the resolution, allocation of taxes pursuant to this section to the affected taxing agency which has elected to receive the allocation pursuant to this section by the adoption of the resolution and 192 .. .. .. ... "" .. .. .. .. .. "" ill ,... .. - .. ,... .. - .. ... .. .. .. - .. ... .. (a) .. .. "" .. ,.. .. .. .. "" .. c .~ V allocation of taxes pursuant to this section to every school district and community college district shall be made at the time or time allocations are made pursuant to subdivision (a) of Section 33670. (d) An affected taxing agency, at any time after the adoption of the resolution, may elect not to receive all or any portion of the additional allocation of taxes pursuant to this section by rescinding the resolution or by amending the same, as the case may be, and giving notice thereof to the legislative body, the agency, and the official or officials performing the functions of levying and collecting taxes for the affected taxing agency. After receipt of a notice by the official or officials that an affected taxing agency has elected not to receive all or a portion of the additional allocation of taxes by recession or amenthnent of the resolution, any allocation of taxes to the affected taxing agency required to be made pursuant to this section shall not thereafter be made but shall be allocated to the agency and the affected taxing agency shall thereafter be allocated only the portion of taxes provided for in subdivision (a) of Section 33670. After receipt of a notice by the officials that an affected taxing agency has elected to receive additional tax revenues attributable to only a portion of the increases in the rate of tax, only that portion of the tax revenues shall thereafter be allocated to the affected taxing agency in addition to the portion of taxes allocated pursuant to subdivision (a) of Section 33670, and the remaining portion there of shall be allocated to the agency. (e) As used in this section, "affected taxing agency" means and includes every public agency for the benefit of which a tax is levied upon property in the project area, whether levied by the public agency or on its behalf by another public agency. (f) This section shall apply only to redevelopment projects for which a fmal redevelopment plan is adopted pursuant to Article 5 (commencing with Section 33360) of Chapter 4 on or after January I, 1977. SECTION 38 OF CHAPTER 942 OF THE STATUTES OF 1993 The Legislature fmds and declares that the amenthnent of Section 33641 of the Health and Safety Code, and the repeal of Section 7202.6 of the Revenue and Taxation Code, as provided for in the Community Redevelopment Law Reform Act of 1993, shall not be deemed or construed to invalidate, impair, or otherwise affect the receipt of revenues by a redevelopment agency, alkr January I, 1994, under an ordinance adopted by a redevelopment agency, prior to January 1. 1994. pursuant to either Section 33641 of the Health and Safety Code or Section 7202.6 of the Revenue and Taxation Code. as they existed prior to January I, 1994, which are necessarJ' to pay any of the following: 193 .. c :) .. ... .. .. .uL The pledge of sales tax revenues made by a redevelopment agency pursuant to an enforceable agreement with an entity other than the community that was entered into prior to January 1. 1994. ... ... ill The refunding of bonds issued prior to January 1. 1994. pursuant to Section 33641 of the Health and Safety Code. III ... Ql The issuance of bonds on which the principal and interest are payable from taxes imposed by an ordinance adopted by a redevelopment agency pursuant to Section 7202.6 of the Revenue and Taxation Code prior to January 1, 1994, whether those bonds are issued prior to or after January 1, 1994, provided that the issuance of those bonds is pursuant to an enforceable agreement, effective prior to January 1, 1994, that contains a pledge of sales taxes or provisions for the use of sales taxes for project fmancing pwposes. ... ... .. "" .. .. (b) The Legislature further fmds and declares that the amendment of Sections 33401 and 33676 of the Health and Safety Code, as provided for in the Community Redevelopment Law Reform Act of 1993. shall not be deemed or construed to invalidate, impair, or otherwise affect an agreement between a redevelopment agency and an affected taxing entity, entered into pursuant to either of those sections prior to January 1, 1994. "" ill .. - ... (c) The Legislature further fmds and declares that the amendments to Section 33031 of the Health and Safety Code, and specifically the addition of paragraph (5) to Subdivision (b) of that section, as made by this measure, are not intended to, and do not, expand the activities a community redevelopment agency may fInance pursuant to the Community Redevelopment Law, (Part 24 (commencing with Section 33000) of the Health and Safety Code). - .. - .. I.SEC.22. Section 21 of this act shall become operative on January I, 1995. - .. 2.SEC.23. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: - ... - In order to provide guidance and clarity to redevelopment agencies in complying with recent amendments to the Community Redevelopment Law, it is necessary that this act take effect immediately. .. - .. - .. - .. .. 194 ... - ... ~ ... IV. - ... "" .. l"" ... "" .. "" ill .. r.. ~ ... .. ... - ... - ... - ... ~ ... ~ ... "" ... ~ ... ~ r.. "" ... I"" '-' :) ADMINISTRATION OF THE IMPLEMENTATION PLAN As outlined in Section I of this document, AB 1290 added a new section to the CRL which requires agencies to produce Implementation Plans every five years. An agency can only adopt an Implementation Plan after first holding a noticed pbnlic hearing. Notice of the hearing must be posted in at least four locations in the project atea(s) for a period ofthree (3) weeks at least ten days prior to the hearing. In additon, notice of the hearing must be published once a week for three weeks in a newspaper of general circulation. Between two and three years after adoption of an Implemention Plan, an agency must hold a public hearing to review the redevelopment plan and the last Implementation Plan. This hearing is required to be noticed in the same manner as the hearing on adoption of the Implementation Plan is noticed, as described above. This requirement, intorduced by AB 1290, has, in effect, replaced the former requirement for biennial public hearings on each redevelopment plan. 195