HomeMy WebLinkAboutR23-Economic Development Agency ECONOMIICYDEOF SAN VELOPPMENITOAGENCY ORIGINAL
FROM: Emil A.Marzullo SUBJECT: Public Hearing - Neighborhood Stabilization
Interim Executive Director Program 3-Amendments to Consolidated Plan
DATE: January 24,2011
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Synoasis of Previous Commission/Council/Committee Action(s):
On January 13, 2011, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend
that the Mayor and Common Council consider this action for approval.
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Recommended Moion(s):
Open/Close Public Hearing
(Mayor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving a Substantial
Amendment to the Consolidated Annual Action Plan for Fiscal Year 2010-2011; and authorizing the City Manager
or his designee to execute, on behalf of the City, such documents as requested by the United States Department of
Housing and Urban Development to effectuate the Supplemental Appropriation
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Contact Person(s): Carey K.Jenkins Phone: (909)663-1044
IVDA,Northwest,Mt.Vernon
Project Area(s): Corridor Redevelopment Project Areas Ward(s): 1,2,6,and 7
Supporting Data Attached: 0 Staff Report 0 Resolution(s)❑Agreement(s)/Contract(s) ❑ Map(s) ❑ Other(s)
FUNDING REQUIREMENTS: Amount: $ 3,277,401 Source: NSP 3
Budget Authority: FY 2010-2011
Signature: Fiscal Review:
Emil A. arZu11o,k1Qterim Exe tive Director L; ' anz ille nteri ief Financial Officer
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Commission/Council Notes:
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P:\Agendas\Comm Dev Commission\CDC 2011\02-07-11 NSP 3-Substantial Amendment SR.doc COMMISSION MEETING AGENDA
Meeting Date: 02/07/2011
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
PUBLIC HEARING-NEIGHBORHOOD STABILIZATION PROGRAM 3 -AMENDMENTS TO
CONSOLIDATED PLAN
BACKGROUND:
On July 30, 2008 Congress appropriated funds under Title III of the Housing and Economic Recovery Act
of 2008 ("HERA") to stabilize neighborhoods whose viability had been damaged by an unusually high
number of foreclosed and abandoned properties. These funds are administered by the United States
Department of Housing and Urban Development ("HUD") under an entitlement grant program referred to
as the Neighborhood Stabilization Program. The funds made available through HERA constitute the first
round of Neighborhood Stabilization Program funds, and,thus, it is referred to as"NSP1".
Under NSP1, the City of San Bernardino ("San Bernardino" or "City") was allocated $8,408,588. Of this
amount, $2.9 million was initially reserved for the acquisition, rehabilitation and resale of foreclosed or
abandoned single-family homes to low-, moderate- and middle-income households in targeted areas of the
City. Another$3.1 million was employed to acquire, rehabilitate and rent multi-family units in the Sunrise
and 19th Street area of the City to households whose income does not exceed 50% of the area median
income ("AMI"). An additional $1.7 million was used to acquire and demolish foreclosed or abandoned
properties in certain target areas of the City. The remainder, approximately $760,000, was set aside for
administrative costs.
As of December 2010, the City had committed the initial funding allocations for all three NSP1 program
activities by purchasing fifty-seven (57) foreclosed or abandoned properties within NSPI eligible target
areas throughout the City.
In order to mitigate the continued negative impact of the nationwide recession and housing market collapse,
Congress approved an additional allocation of funding for the Neighborhood Stabilization Program through
the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank Act"), of which
$3,277,401 has been apportioned for the City of San Bernardino. Like NSP I, these funds, which represent
the third round of NSP funding ("NSP3"), are to be used to stabilize and revitalize communities most
affected by the foreclosure crisis.
To apply for NSP3 funding, San Bernardino is required to submit to HUD a Substantial Amendment to the
Consolidated Annual Action Plan for Fiscal Year 2010-2011 ("Substantial Amendment"). This Substantial
Amendment is required since NSP3 grants are treated as a supplemental appropriation of Community
Development Block Grant("CDBG") funds for the implementation of activities not budgeted in the current
year Action Plan. The Substantial Amendment must delineate the City's proposed uses for NSP3 funds and
the target areas for the use of such funds. The proposed uses must be eligible under NSP3 guidelines, and
the target areas must be in neighborhoods where there is a great need for relief from problems associated
with the foreclosure crisis, as identified using HUD's various mapping tools. In addition, the target area
must be of a magnitude such that NSP3 program funding will have a visible impact.
To expedite the distribution of NSP3 funds, HUD requires that NSP3 grantees submit the Substantial
Amendment to the Plan by March 1, 2011, or risk the loss of the grant. To facilitate this requirement,HUD
is providing alternative requirements to 42 U.S.C. 5304(a)(2) and waiving the provisions of Sections
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P:\Agendas\Comm Dev Commission\CDC 2011\02-07-I1 NSP 3-Substantial Amendment SR.doc COMMISSION MEETING AGENDA
Meeting Date: 02//)07/2011
Agenda Item Number: 013
Economic Development Agency Staff Report
Public Hearing—NSP 3
Page 2
91.105(k) and 91.1150), which condenses the citizen comment period to 15 calendar days from the
standard 30 calendar days.
Target Area Analysis and Program Development:
Agency Staff has prepared a draft of the Substantial Amendment in accordance with the provisions of the
Dodd-Frank Act, which is in substantial final form. As detailed in the Substantial Amendment Draft, the
City is in great need of relief from problems associated with the foreclosure crisis. Indeed, many
neighborhoods in the City are eligible to receive NSP3 funding according to the selection criteria
established by HUD. However, the amount of NSP3 funding allocated to the City is only sufficient to
assist a small fraction of these neighborhoods. Therefore, the areas of greatest need for NSP3 purposes
were selected according to where the funds would have the most visible impact.
Generally, these areas can be identified by the major intersection within their respective boundaries. The
first intersection is at Baseline and Waterman Avenues. This area is approximately a quarter-mile in
radius, and it lies in the eastern part of the City in Council Wards 1 and 2. It is bounded by 16th Street on
the north, Oakhurst Drive on the east, Olive Street on the south and Arrowhead Avenue on the west. Data
obtained from the HUD Foreclosure Need Website reveals that this area has 3,027 housing units and of
these,approximately 27 percent are in foreclosure or are 90 days or more delinquent.)
The second area selected to receive NSP3 funding is the community surrounding Highland Avenue and
Medical Center Drive. This area is bounded by Highland Avenue on the north, Mount Vernon Avenue on
the east, 16th Street on the south and California Street on the west. This area is within Ward 6, and it is
located in the western part of the City. The need for foreclosure relief in this community from NSP3 is
evident. According to the data obtained from HUD, this neighborhood has 965 housing units, and
approximately 28 percent are in foreclosure or are 90 days or more delinquent.
In addition to the two neighborhoods identified above, two other neighborhoods are targeted by the Agency
to receive housing funds in an effort to rehabilitate foreclosed or abandoned residential properties.
However, these neighborhoods will not receive NSP3 funds, rather, funding for these neighborhoods will
be provided from other housing funds available to the Agency, such as Set-Aside, HOME Investment
Partnership Program ("HOME")Funds, and NSPI Program Income.
The first of these neighborhoods is in the Sunrise and 19th Street area. It is bounded by Highland Avenue
on the north, Arden Avenue on the east, Pacific Street on the south and Sterling Avenue on the west. This
area also received a HUD score of 20, indicating a great need for relief from problems associated with the
foreclosure crisis. But, the driving factor in deciding to inject new housing funds into this area is the
opportunity to build upon the housing funding that has already been invested in this area. As previously
mentioned, $2.62 million in NSPI funds has already been invested to acquire and rehabilitate seven four-
plex properties that will eventually be rented to households earning no more than 50%AMI. Another$1.6
million in Set-Aside Funds has been used to purchase three additional four-plexes in the same area that will
1 The data provided by HUD through its HUD Foreclosure Need website can be located at
www.huduser.org/portal/datasets/NSP.htm]. Please see Attachment No.5 for a printout of the HUD data relevant to the
targeted areas described in this report.
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P:\Agendas\Comm Dev Commission\CDC 2011\02-07-11 NSP 3-Substantial Amendment SR.doc COMMISSION MEETING AGENDA
Meeting Date: 02/07/2011
Agenda Item Number: �2�
Economic Development Agency Staff Report
Public Hearing—NSP 3
Page 3
also be rented out to households with incomes equal to 50%AMI or less. Set-Aside and NSP1 funding has
also been used to acquire several properties in the same area that were foreclosed and abandoned. These
properties cost a total of approximately$1.1 million, and will be demolished and redeveloped as affordable
senior and single-family housing in the future.
The other neighborhood is in the 5t' Street and Meridian Avenue area of the City. This area is delineated
by Baseline Road on the north, Macy Street on the east, Foothill Boulevard on the south and Pepper
Avenue on the west. Like Sunrise and 19"' Street,this area also received a HUD score of 20. The decision
to invest additional housing funds in this area was also based on the amount of funding that has already
been invested to revitalize this neighborhood. Approximately $3 million in Set-Aside Funds has been
invested to acquire fifteen four-plexes that were demolished and will be redeveloped in the future. The
Agency plans to issue a request for proposals to the development community to redevelop this area under a
future housing use. There is also discussion of including a potential commercial component along Foothill
Boulevard if funds permit and market demand is warranted.
The Substantial Amendment also describes the programmatic activities Agency Staff propose to undertake
under the Dodd-Frank Act. In addition to administrative activities, the Agency has identified two NSP3
program activities. The Agency's proposed NSP3 programs include:
A. Acquisition, Rehabilitation and Resale: The majority of the City's NSP3 funds, $2,130,311,
would be used for the acquisition, rehabilitation and resale of foreclosed or abandoned single-
family homes through participating intermediary developers. These intermediaries would be
retained through a RFP process and would be verified by Agency staff with recommendations
submitted to Council. The acquired properties would be selected from the two NSP3 areas of
greatest need identified above.
B. Acquisition, Rehabilitation and Rental for Households at or below 50% AMI:
Approximately $819,350 or at least 25% of the total award under NSP3 would be dedicated to
provide housing for individuals or families whose incomes do not exceed 50% of AMI. This
portion of funding would be used to acquire and rehabilitate small, foreclosed or abandoned, multi-
family properties consisting of up to 12 units in the NSP3 areas of greatest need identified above.
These properties would then be rented at an affordable housing cost to households whose incomes
do not exceed 50% AMI. Under this program activity, the Agency would issue a Request for
Proposals ("RFP") inviting qualified developers to submit proposals for eligible multi-family
housing projects that have been foreclosed or abandoned and are generally considered to be a
blighting influence within the NSP3 areas of greatest need. Qualified affordable housing
developers submitting project proposals with these specifications would have the opportunity to
compete for Grantee development loans to acquire,rehabilitate, and manage such properties under a
new professional management agreement and consistent affordability and use covenants to be
monitored by the Agency.
C. Administration: Of the initial grant allocation, $327,740 would be allocated to administrative
activities.
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PAAgendas\Comm Dev Commission\CDC 2011\02-07-11 NSP 3-Substantial Amendment SR-dm COMMISSION MEETING AGENDA
Meeting Date: 02/07/2011
Agenda Item Number: ���
Economic Development Agency Staff Report
Public Hearing-NSP 3
Page 4
CURRENT ISSUE:
Agency Staff requests approval to take the necessary actions to comply with the citizen participation
alternative requirement as provided by HUD for the purpose of expediting the distribution of NSP3 Funds.
To comply with HUD's compressed schedule, the 15-day citizen comment period on the Substantial
Amendment began on January 14, 2011. The notice of public hearing was published on or about January
14, 2011, to enable the City to comply with the modified public hearing notice requirement under the
Dodd-Frank Act. This allows for a public hearing to be conducted on the matter at the next available
opportunity once the noticing period is completed, and provides Agency Staff with additional time to
finalize the Substantial Amendment which is due by March 1, 2011, with the inclusion of public comments
received and other revisions as may be necessary.
The draft of the proposed Substantial Amendment prepared by Agency Staff was made available for public
review at the time the citizen comment period began on or around January 14,2011.
Upon approval of the Substantial Amendment by HUD, Agency Staff will return to the Mayor and
Common Council ("Council") to detail the implementation of the grant, specify implementation activities
and programs, authorize specific dollar amounts for each intended activity and program and to seek all
necessary approvals. A great deal of work will be required of Agency Staff after the HUD approval has
been obtained and prior to the final action on this matter by the Council. It is anticipated that this final
action should occur by July 1, 2011, and with it authority for the Agency to draw down funds to implement
program activities.
ENVIRONMENTAL IMPACT:
The requested action is exempt under Section 15332 of the California Environmental Quality Act (CEQA)
and 24 CFR 58.34(a)(3) of the National Environmental Protection Act ("NEPA") guidelines because the
proposed action is required for federal programs administration and compliance.
FISCAL IMPACT:
There is no General Fund impact to the City. NSP3 direct program activities are considered a federal grant.
NSP3 program administration will be conducted through a 10% allocation of funds received. It is
anticipated this will be $327,740.
RECOMMENDATION:
That the Mayor and Common Council adopt the attached Resolution.
Emil A. zullo, erim xecutive Director
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P:\Agendas\Comm Dev Commission\CDC 2011\02-07-11 NSP 3-Substantial Amendment SR.doc COMMISSION MEETING AGENDA
Meeting Date: 02/07/2011
Agenda Item Number: V2-3
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ATTACHMENT NO. 6
MAP: HUD DATA SETS FOR TARGETED AREAS
Neighborhood ID: 4280792
NSP3 Planning Data
Grantee ID: 0631800E
Grantee State: CA
Grantee Name: SAN BERNARDINO
Grantee Address: 201 North "E" Street, Suite 301, San Bernardino, CA 92401
Grantee Email: cj enkins @sbrda.org
Neighborhood Name: Waterman Gardens
Da te:2010-12-21 00:00:00
NSP3 Score
The neighborhoods identified by the NSP3 grantee as being the areas of greatest need must have an
individual or average combined index score for the grantee's identified target geography that is not less than
the lesser of 17 or the twentieth percentile most needy score in an individual state. For example, if a state's
twentieth percentile most needy census tract is 18, the requirement will be a minimum need of 17. If,
however, a state's twentieth percentile most needy census tract is 15, the requirement will be a minimum
need of 15. If more than one neighborhood is identified in the Action Plan, HUD will average the
Neighborhood Scores, weighting the scores by the estimated number of housing units in each identified
neighborhood.
Neighborhood NSP3 Score: 20
State Minimum Threshold NSP3 Score: 17
Total Housing Units in Neighborhood: 3027
Area Benefit Eligibility
Percent Persons Less than 120%AMI: 93.65
Percent Persons Less than 80%AML 84.67
Neighborhood Attributes (Estimates)
Vacancy Estimate
USPS data on addresses not receiving mail in the last 90 days or"NoStat" can be a useful measure of
whether or not a target area has a serious vacancy problem. For urban neighborhoods, HUD has found that
neighborhoods with a very high number vacant addresses relative to the total addresses in an area to be a
very good indicator of a current for potentially serious blight problem.
The USPS "NoStat" indicator can mean different things. In rural areas, it is an indicator of vacancy. However,
it can also be an address that has been issued but not ever used, it can indicate units under development,
and it can be a very distressed property (most of the still flood damaged properties in New Orleans are
NoStat). When using this variable, users need to understand the target area identified.
In addition, the housing unit counts HUD gets from the US Census indicated above are usually close to the
residential address counts from the USPS below. However, if the Census and USPS counts are substantially
different for your identified target area, users are advised to use the information below with caution. For
example if there are many NoStats in an area for units never built, the USPS residential address count may
be larger than the Census number; if the area is a rural area largely served by PO boxes it may have fewer
addresses than housing units.
USPS Residential Addresses in Neighborhood: 2985
Residential Addresses Vacant 90 or more days (USPS, March 2010): 93
Residential Addresses NoStat(USPS, March 2010): 69
113
Foreclosure Estimates
HUD has developed a model for predicting where foreclosures are likely. That model estimates serious
delinquency rates using data on the leading causes of foreclosures-subprime loans (HMDA Census Tract
data on high cost and highly leveraged loans), increasing unemployment (BLS data on unemployment rate
change), and fall in home values (FHFA data on house price change). The predicted serious delinquency rate
is then used to apportion the state total counts of foreclosure starts (from the Mortgage Bankers Association)
and REOs (from RealtyTrac)to individual block groups.
Total Housing Units to receive a mortgage between 2004 and 2007: 1374
Percent of Housing Units with a high cost mortgage between 2004 and 2007:43.43
Percent of Housing Units 90 or more days delinquent or in foreclosure: 27.02
Number of Foreclosure Starts in past year: 180
Number of Housing Units Real Estate Owned July 2009 to June 2010: 101
HUD is encouraging grantees to have small enough target areas for NSP 3 such that their dollars will have a
visible impact on the neighborhood. Nationwide there have been over 1.9 million foreclosure completions in
the past two years. NSP 1, 2, and 3 combined are estimated to only be able to address 100,000 to 120,000
foreclosures. To stabilize a neighborhood requires focused investment.
Estimated number of properties needed to make an impact in identified target area (20%of REO in past
year): 37
Supporting Data
Metropolitan Area (or non-metropolitan area balance) percent fall in home value since peak value (Federal
Housing Finance Agency Home Price Index through June 2010): -44.3
Place (if place over 20,000)or county unemployment rate June 2005': 6.9
Place (if place over 20,000)or county unemployment rate June 2010': 18.3
'Bureau of Labor Statistics Local Area Unemployment Statistics
Market Analysis:
HUD is providing the data above as a tool for both neighborhood targeting and to help inform the strategy
development. Some things to consider:
1. Persistent Unemployment. Is this an area with persistently high unemployment? Serious consideration
should be given to a rental strategy rather than a homeownership strategy.
2. Home Value Change and Vacancy. Is this an area where foreclosures are largely due to a combination of
falling home values, a recent spike in unemployment, and a relatively low vacancy rate?A down payment
assistance program may be an effective strategy.
3. Persistently High Vacancy. Are there a high number of substandard vacant addresses in the target area of
a community with persistently high unemployment?A demolition/land bank strategy with selected acquisition
rehab for rental or lease-purchase might be considered.
4. Historically low vacancy that is now rising. A targeted strategy of acquisition for homeownership and rental
to retain or regain neighborhood stability might be considered.
5. Historically high cost rental market. Does this market historically have very high rents with low vacancies?
A strategy of acquiring properties and developing them as long-term affordable rental might be considered.
Latitude and Lonqitude of corner points
-117.289867 34.128716 -117.270384 34.128787-117.270255 34.118413-117.289867 34.118520
213
Blocks Comprising Target Neiqhborhood
060710055001000, 060710055001001, 060710055001004, 060710055001005, 060710055001003,
060710055001002, 060710055001006, 060710055001008, 060710055001017, 060710055001016,
060710055001015, 060710055001014, 060710055001013, 060710055001012, 060710055001011,
060710055001010, 060710055001009, 060710055001007, 060710055002000, 060710055002003,
060710055002002, 060710055002001, 060710055002013, 060710055002012, 060710055002011,
060710055003000, 060710055003010, 060710055003009, 060710055003002, 060710055003001,
060710056001000, 060710056001003, 060710056001004, 060710056001002, 060710056001001,
060710056001005, 060710056002000, 060710056002001, 060710056002003, 060710056002006,
060710056002005, 060710056002004, 060710056002002, 060710063012010, 060710063012009,
060710063012008, 060710063012007, 060710063013000, 060710063013003, 060710063013004,
060710063013002, 060710063013005, 060710063013007, 060710063013008, 060710063013006,
060710064011000, 060710064011008, 060710064011007, 060710064011006, 060710064011005,
060710064011004, 060710064011003, 060710064011002, 060710064011001, 060710064012004,
313
Neighborhood ID: 8211700
NSP3 Planning Data
Grantee ID: 0631800E
Grantee State: CA
Grantee Name: SAN BERNARDINO
Grantee Address: 201 North "E" Street, Suite 301, San Bernardino, CA 92401
Grantee Email: cjenkins@sbrda.org
Neighborhood Name: Highland
Date:2010-12-21 00:00:00
NSP3 Score
The neighborhoods identified by the NSP3 grantee as being the areas of greatest need must have an
individual or average combined index score for the grantee's identified target geography that is not less than
the lesser of 17 or the twentieth percentile most needy score in an individual state. For example, if a state's
twentieth percentile most needy census tract is 18, the requirement will be a minimum need of 17. If,
however, a state's twentieth percentile most needy census tract is 15, the requirement will be a minimum
need of 15. If more than one neighborhood is identified in the Action Plan, HUD will average the
Neighborhood Scores,weighting the scores by the estimated number of housing units in each identified
neighborhood.
Neighborhood NSP3 Score: 20
State Minimum Threshold NSP3 Score: 17
Total Housing Units in Neighborhood: 965
Area Benefit Eligibility
Percent Persons Less than 120%AMI: 86.06
Percent Persons Less than 80%AMI: 74.31
Neighborhood Attributes (Estimates)
Vacancy Estimate
USPS data on addresses not receiving mail in the last 90 days or"NoStat" can be a useful measure of
whether or not a target area has a serious vacancy problem. For urban neighborhoods, HUD has found that
neighborhoods with a very high number vacant addresses relative to the total addresses in an area to be a
very good indicator of a current for potentially serious blight problem.
The USPS "NoStat" indicator can mean different things. In rural areas, it is an indicator of vacancy. However,
it can also be an address that has been issued but not ever used, it can indicate units under development,
and it can be a very distressed property(most of the still flood damaged properties in New Orleans are
NoStat). When using this variable, users need to understand the target area identified.
In addition, the housing unit counts HUD gets from the US Census indicated above are usually close to the
residential address counts from the USPS below. However, if the Census and USPS counts are substantially
different for your identified target area, users are advised to use the information below with caution. For
example if there are many NoStats in an area for units never built, the USPS residential address count may
be larger than the Census number; if the area is a rural area largely served by PO boxes it may have fewer
addresses than housing units.
USPS Residential Addresses in Neighborhood: 951
Residential Addresses Vacant 90 or more days (USPS, March 2010): 18
Residential Addresses NoStat(USPS, March 2010): 15
113
Foreclosure Estimates
HUD has developed a model for predicting where foreclosures are likely. That model estimates serious
delinquency rates using data on the leading causes of foreclosures-subprime loans (HMDA Census Tract
data on high cost and highly leveraged loans), increasing unemployment (BLS data on unemployment rate
change), and fall in home values (FHFA data on house price change). The predicted serious delinquency rate
is then used to apportion the state total counts of foreclosure starts (from the Mortgage Bankers Association)
and REOs (from RealtyTrac)to individual block groups.
Total Housing Units to receive a mortgage between 2004 and 2007: 691
Percent of Housing Units with a high cost mortgage between 2004 and 2007: 43.32
Percent of Housing Units 90 or more days delinquent or in foreclosure: 27.62
Number of Foreclosure Starts in past year: 91
Number of Housing Units Real Estate Owned July 2009 to June 2010: 52
HUD is encouraging grantees to have small enough target areas for NSP 3 such that their dollars will have a
visible impact on the neighborhood. Nationwide there have been over 1.9 million foreclosure completions in
the past two years. NSP 1, 2, and 3 combined are estimated to only be able to address 100,000 to 120,000
foreclosures. To stabilize a neighborhood requires focused investment.
Estimated number of properties needed to make an impact in identified target area (20% of REO in past
year): 18
Supporting Data
Metropolitan Area (or non-metropolitan area balance) percent fall in home value since peak value (Federal
Housing Finance Agency Home Price Index through June 2010): -44.3
Place (if place over 20,000)or county unemployment rate June 2005': 6.9
Place (if place over 20,000)or county unemployment rate June 2010': 18.3
Bureau of Labor Statistics Local Area Unemployment Statistics
Market Analysis:
HUD is providing the data above as a tool for both neighborhood targeting and to help inform the strategy
development. Some things to consider:
1. Persistent Unemployment. Is this an area with persistently high unemployment? Serious consideration
should be given to a rental strategy rather than a homeownership strategy.
2. Home Value Change and Vacancy. Is this an area where foreclosures are largely due to a combination of
falling home values, a recent spike in unemployment, and a relatively low vacancy rate?A down payment
assistance program may be an effective strategy.
3. Persistently High Vacancy. Are there a high number of substandard vacant addresses in the target area of
a community with persistently high unemployment?A demolition/land bank strategy with selected acquisition
rehab for rental or lease-purchase might be considered.
4. Historically low vacancy that is now rising.A targeted strategy of acquisition for homeownership and rental
to retain or regain neighborhood stability might be considered.
5. Historically high cost rental market. Does this market historically have very high rents with low vacancies?
A strategy of acquiring properties and developing them as long-term affordable rental might be considered.
Latitude and Longitude of corner points
-117.331152 34.136069 -117.313814 34.135998-117.313771 34.128751 -117.331238 34.128645
213
Blocks Comprising Target Neighborhood
060710042013000, 060710042013001, 060710042013002, 060710042013004, 060710042013013,
060710042013012, 060710042013011, 060710042013010, 060710042013009, 060710042013008,
060710042013007, 060710042013006, 060710042013005, 060710042013003, 060710042021000,
060710042021002, 060710042021011, 060710042021010, 060710042021009, 060710042021008,
060710042021007, 060710042021006, 060710042021005, 060710042021004, 060710042021003,
060710042021016, 060710042021015, 060710042021014, 060710042021013, 060710042021012,
060710042021001,
313
o ®
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, APPROVING A SUBSTANTIAL
4 AMENDMENT TO THE CONSOLIDATED ANNUAL ACTION PLAN FOR
FISCAL YEAR 2010-2011; AND AUTHORIZING THE CITY MANAGER OR
5 HIS DESIGNEE TO EXECUTE, ON BEHALF OF THE CITY, AFTER
REVIEW AND APPROVAL BY THE CITY ATTORNEY, SUCH
6 DOCUMENTS AS REQUESTED BY THE UNITED STATES DEPARTMENT
7 OF HOUSING AND URBAN DEVELOPMENT TO EFFECTUATE THE
SUPPLEMENTAL APPROPRIATION
8
9 WHEREAS, in Fiscal Year 2010-2011 the City of San Bernardino, California(the "City"), is
10 entitled to receive $3.277 million from the United States Department of Housing and Urban
11 Development ("HUD") under the Neighborhood Stabilization Program Three ("NSP3") for the
12 purpose of redeveloping abandoned and foreclosed homes and residential properties as authorized
13 under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank");
and
14
15 WHEREAS, the NSP3 is subject to certain statutory and regulatory provisions governing the
16 Community Development Block Grant ("CDBG")program as necessitated by Dodd-Frank; and
WHEREAS, the City, as a direct recipient of CDBG funds, has submitted to HUD and HUD
17
has approved a Consolidated Plan for Fiscal Years 2010-2015 and a Consolidated Annual Action
18
Plan for Fiscal Year 2010-2011 (the "Action Plan"); and
19
20 WHEREAS, HUD considers NSP3 Grant Funds to be a supplemental appropriation of
CDBG Funds requiring a substantial amendment to the Action Plan; and
21
22 WHEREAS, the City is required by the NSP3 to prepare and submit a substantial
23 amendment to the annual Action Plan by March 1, 2011, in accordance with the consolidated plan
24 procedures for a substantial amendment under the annual CDBG program; and
WHEREAS, the City has provided citizens adequate opportunity to review and comment on
25
26 the proposed substantial amendment to the annual Action Plan as stipulated by HUD's alternative
requirements described in the Federal RegisterNol. 75, No. 201 (Tuesday October 19, 2010) pages
27
64322-64348 that waive the standard requirements under NSP3 to allow a grantee to provide no
28
1
P:\Agendas\Resolutions\Resolutions\2011\02-07-11 NSP 3-Substantial Amendment MCC Reso.docx >
n
C
1 fewer than fifteen(15) calendar days for citizen comment; and
2 WHEREAS, the City seeks to redevelop abandoned and foreclosed homes and residential
3 properties to address the significant costs that foreclosure activity imposes on local municipalities
4 and neighborhoods within the City.
5 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
7 FOLLOWS:
8 Section 1. That the Mayor and Common Council hereby approve the Substantial
9 Amendment to the Consolidated Annual Action Plan for Fiscal Year 2010-2011 to include a
10 supplemental appropriation in the amount of $3,277,401 under the Neighborhood Stabilization
11 Program Three for the purpose of the redevelopment of abandoned and foreclosed homes and
12 residential properties. A copy of the Substantial Amendment is attached hereto as Exhibit "A" and
13 by this reference made a part hereof as though set forth herein at length.
14 Section 2. That the City Manager, or his designee, is authorized to execute and, after review
15 and approval by the City Attorney, submit to HUD the appropriate applications, agreements and
16 ancillary documents necessary to implement the NSP as said applications, agreements and ancillary
17 documents that are prepared and herein approved, a copy of which are on file with the City Clerk,
18 and are incorporated herein by reference as though fully set forth at length.
19 Section 3. This Resolution shall take effect upon its adoption and execution in the manner
20 as required by the City Charter.
21
22
23
24
25
(4,0126
27
28
2
P:Wgendas\Resolutions\Resolutions\2011\02-07-11 NSP 3-Substantial Amendment MCC Reso.docx
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO, CALIFORNIA, APPROVING A SUBSTANTIAL
2 AMENDMENT TO THE CONSOLIDATED ANNUAL ACTION PLAN FOR
FISCAL YEAR 2010-2011; AND AUTHORIZING THE CITY MANAGER OR
3 HIS DESIGNEE TO EXECUTE, ON BEHALF OF THE CITY, AFTER
REVIEW AND APPROVAL BY THE CITY ATTORNEY, SUCH
4 DOCUMENTS AS REQUESTED BY THE UNITED STATES DEPARTMENT
5 OF HOUSING AND URBAN DEVELOPMENT TO EFFECTUATE THE
SUPPLEMENTAL APPROPRIATION
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting
9 thereof,held on the day of , 2011, by the following vote to wit:
10 Council Members: Ayes Nays Abstain Absent
11 MARQUEZ
12 DES JARDINS
BRINKER
13
SHORETT
14
KELLEY
15
JOHNSON
16
MC CAMMACK
17
18
19 Rachel G. Clark, City Clerk
20 The foregoing Resolution is hereby approved this day of , 2011.
21
22
Patrick J. Morris, Mayor
23 City of San Bernardino
24 Approved as to Form:
C21
26 By:
ames F.
27 Penman, City Attorney
28
3
P:W gendas\Resolutions\Resolutions\2011\02-07-11 NSP 3-Substantial Amendment MCC Reso.docx
EXHIBIT "A"
City of San Bernardino
Neighborhood Stabilization a
g Program Three
Substantial Amendment to the
Consolidated Annual Action Plan for Fiscal Year 2010-2011
March 1, 2011
G
City of San Bernardino
Neighborhood Stabilization Program Three
Substantial Amendment to the
Consolidated Annual Action Plan for Fiscal Year 2010-2011
Table of Contents
II
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P:\Agendas\Agenda Attachments\Exhibits\2011\02-07-11 NSP3 Substantial Amendment Application.docx
I�
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'1
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City of San Bernardino
�t
Neighborhood Stabilization Program Three
Substantial Amendment to the
Consolidated Annual Action Plan for Fiscal Year 2010-2011
Introduction
In 2008, Congress appropriated funds under Title III of the Housing and Economic Recovery
Act ("HERA") to stabilize neighborhoods whose viability had been damaged by an unusually
high number of foreclosed and abandoned properties. These funds are administered by the
Department of Housing and Urban Development ("HUD") under an entitlement grant program
referred to as the Neighborhood Stabilization Program. The funds made available through
HERA constitute the first round of Neighborhood Stabilization Program funds, and, thus, it is
referred to as "NSP1".
Under NSP1, the City of San Bernardino ("San Bernardino" or "City") was allocated
$8,408,558. Of this amount, $2.9 million was initially reserved for the acquisition,
rehabilitation and resale of foreclosed or abandoned single-family homes to low-, moderate-
s, and middle-income households in targeted areas of the City. Another $3.1 million was
employed to acquire, rehabilitate and rent multifamily units in the Sunrise and 19th street area
li
of the City to households whose income does not exceed 50% of area median income
("AMI"). An additional $1.7 million was used to acquire and demolish foreclosed or
abandoned properties in certain target areas of the City. The remainder, approximately
$760,000, was set aside for administrative costs.
As of December 2010, the City had committed the initial funding allocations for all three
NSP1 program activities by purchasing fifty seven (57) foreclosed or abandoned properties
within NSP1 eligible target areas throughout the City.
In order to mitigate the continued negative impact of the nation's economic decline and
housing market collapse, Congress approved an additional allocation of funding for the
Neighborhood Stabilization Program through the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010 ("Dodd-Frank Act"). Like NSP1, these funds, which
represent the third round of NSP funding ("NSP3"), are to be used to stabilize and revitalize
communities most affected by the foreclosure crisis.
To apply for NSP3 funding, San Bernardino is required to submit to HUD a Substantial
Amendment to the Consolidated Annual Action Plan for Fiscal Year 2010-2011 ("Substantial
Amendment") by March 1, 2011. This Substantial Amendment is required since NSP3 grants
are treated as a supplemental appropriation of Community Development Block Grant
3
P:Wgendas\Agenda Attachments\Exhibits\2011\02-07-11 NSP3 Substantial Amendment Application.docx
("CDBG") funds for the implementation of activities not budgeted in the current year Action
Plan. The Substantial Amendment must delineate the City's proposed uses for NSP3 funds
and the target areas for the use of such funds. The proposed uses must be eligible under
NSP3 guidelines, and the target areas must be in neighborhoods where there is a great need
for relief from problems associated with the foreclosure crisis, as identified using HUD's
Foreclosure Need website. In addition the target area must be of a magnitude such that
NSP3 program funding will have a visible impact.
This document effectively constitutes the City of San Bernardino's Substantial Amendment to
its Consolidated Annual Plan for Fiscal Year 2010-2011, with all of the sections and
information required by HUD to apply for the City's allocation of NSP3 funding.
1. NSP3 Grantee Information
NSP3 Program Administrator Contact Information
Carey K. Jenkins, Director of Housing and Community Development
San Bernardino Economic Development Agency
201 North °E" Street, Suite 301
San Bernardino, CA 92401
Tel: (909) 663-1044 Fax: (909) 888-9413
Email: cjenkins ,sbrda.org
Website: www.sbrda.org
2. Areas of Greatest Need
The need for Neighborhood Stabilization Program funds in San Bernardino is clear. Based
on a formula generated by HUD that takes into account the incidence of home foreclosures,
subprime mortgages, vacancies and delinquencies on a census tract level for the past year,
there are many neighborhoods within San Bernardino that qualify for NSP3 funding. In fact of
200 neighborhoods identified in HUD's database as being completely within the boundaries
of the City of San Bernardino, 89.5% percent received a score indicating the greatest need
for foreclosure relief according to HUD's scoring system.
A more direct way of evidencing the gravity of the foreclosure crisis in San Bernardino is by
comparing the rate of foreclosures in San Bernardino to the rates for the state of California
and the nation as a whole. For example in November of 2010 the City of San Bernardino had
a foreclosure rate approximately three times the rate for the country as a whole and one and
1 A score of 20 is the highest rating that a neighborhood can receive according to HUD. HUD's database on foreclosures
by census tract can be referenced by accessing www.huduser.org/portal/datasets/NSP.html.
4
PtWgendas\Agenda Attachments\Exhibits\201 1\02-07-1 1 NSP3 Substantial Amendment Application.docx
one-half times the rate for the state of California.2 Given this high incidence of foreclosures in
the City, it is clear that there is a great need for Neighborhood Stabilization Program funds in
San Bernardino.
Since many neighborhoods in the City are eligible to receive NSP3 funding according to
HUD, and the amount of NSP3 funding allocated to the City is only sufficient to assist a small
fraction of these neighborhoods, the areas of greatest need for NSP3 purposes were
selected according to where the funds would have the most visible impact. The maps
attached as Attachment No. 1 identify clearly the two areas selected.
Generally these areas can be identified by the major intersection within their respective
boundaries. The first intersection is at Baseline and Waterman Avenue. This area is
approximately a quarter-mile in radius, and it lies in the eastern part of the City in Council
Wards 1 and 2. It is bounded by 16th Street on the north, Oakhurst Drive on the east, Olive
Street on the south and Arrowhead Avenue on the west. Data obtained from the HUD
Foreclosure Need Website reveals that this area has 3,027 housing units and of these,
approximately 27 percent are in foreclosure or are 90 days or more delinquent.3
In addition to having a high foreclosure rate, the Baseline and Waterman Avenue area was
selected for two additional reasons. The first of these is the lack of NSP1 funds invested in
this neighborhood. This neighborhood is within the target area eligible for NSP1 funds, but it
did not receive nearly as much NSP1 funding as other neighborhoods within the City that, at
the time, suffered from higher levels of blight due to substantial foreclosures. By
concentrating NSP3 funds in this area, the City can compensate for the lack of NSP1
assistance invested in this neighborhood.
The second reason is the opportunity to leverage NSP3 housing program funding with other
housing funds that are being injected into the neighborhood. For example, the Agency in
conjunction with a private developer is currently in the process of planning a 119 unit senior
housing project known as the Lugo Senior Apartments, which is adjacent to this project area.
The Lugo Senior Apartments are expected to cost approximately $17.5 million, and the
Redevelopment Agency of the City of San Bernardino ("Agency") plans to contribute up to
2 Based on foreclosure data obtained from RealtyTrac,for November of 2010 new foreclosure filings were registered in
the country as a whole at the rate of 1/492 households, in the state at the rate of 1/233 households, and in the City of San
Bernardino at the rate of 1/159 households.
3 The data provided by HUD through its HUD Foreclosure Need website can be located at
www.huduser.org/portal/datasets/NSP.html. Please see Attachment No.2 for a printout of the HUD data relevant to this
neighborhood.
5
P.\Agendas\Agenda Attachments\Exhibits\2011\02-07-11 NSP3 Substantial Amendment Application.docx
$6.5 million to this budget from City redevelopment project area housing set-aside funds
("Set-Aside Funds"). Another $8.5 million will be derived from the sale of low and moderate
income housing tax credits.
Also, within the Baseline and Waterman area the Housing Authority of the County of San
Bernardino is planning the redevelopment of a large public housing project known as
Waterman Gardens. The Housing Authority plans to use HOPE VI funding and other public
affordable housing funds, such as tax credits, in order to redevelop Waterman Gardens as a
mixed-income, mixed-use community. Combined, the housing funds to be invested in the
Baseline and Waterman area through the Lugo Senior Apartments, Waterman Gardens and
NSP3 should help to revitalize the area in a visible manner.
The second area selected to receive NSP3 funding is the community surrounding Highland
Avenue and Medical Center Drive. This area is bounded by Highland Avenue on the north,
Mount Vernon Avenue on the east, 16th Street on the south and California Street on the west.
This area is within Ward 6, and it is located in the western part of the City.
The need for foreclosure relief in this community from NSP3 is evident. According to the data
obtained from HUD, this neighborhood has 965 housing units, and approximately 28 percent
are in foreclosure or are 90 days or more delinquent.4 As is the case with the first area
identified, this area was selected not only because it has a high foreclosure rate, but also,
because of the opportunity to leverage NSP3 funds with other public housing funds currently
being invested into the area. One major housing development already under construction in
this neighborhood is the Magnolia at Highland Senior Apartments. When finished, the
Magnolia at Highland Senior Apartments will consist of 80 apartments for senior households,
and it will cost approximately $18 million. Of this amount, the Agency plans to provide
approximately $6.5 million from City Set-Aside Funds and the remainder of the funding will
come from tax credits and private financing. The funding being invested in the Magnolia
Senior Apartments combined with the NSP3 funding that will be invested in this
neighborhood, will provide a good impetus for the revitalization of this community as a whole.
In addition to the two neighborhoods identified above, two other neighborhoods are targeted
by the Agency to receive housing funds in an effort to rehabilitate foreclosed or abandoned
residential properties. However, these neighborhoods will not receive NSP3 funds, rather,
funding for these neighborhoods will be provided from other housing funds available to the
Agency, such as Set-Aside, HOME Investment Partnership Program ("HOME") funds, and
NSP1 Program Income.
4 Please see Attachment No 2 for a printout of the HUD data relevant to this neighborhood.
6
PAAgendas\Agenda Attachments\Exhibits\2011\02-07-11 NSP3 Substantial Amendment Application.docx
The first of these neighborhoods is in the Sunrise and 19th Street area. It is bounded by
Highland Avenue on the north, Arden Avenue on the east, Pacific Street on the south and
Sterling Avenue on the west. This area also received a HUD score of 20, indicating a great
need for relief from problems associated with the foreclosure crisis. But, the driving factor in
deciding to inject new housing funds into this area is the opportunity to build upon the funding
that has already been invested in this area. As previously mentioned, $2.62 million in NSP1
funding has already been invested to acquire and rehabilitate seven four-plex properties that
will eventually be rented to households earning no more than 50% AMI. Another $1.6 million
in Set-Aside Funds has been used to purchase three additional four-plexes in the same area
that will also be rented out to households with incomes equal to 50% AMI or less. Set-Aside
and NSP1 funding has also been used to acquire several properties in the same area that
were foreclosed and abandoned. These properties cost a total of approximately $1.1 million,
and will be demolished and redeveloped as senior and single-family affordable housing in the
future.
The other neighborhood is in the 5th Street and Meridian Avenue area of the City. This area
is delineated by Baseline Road on the north, Macy Street on the east , Foothill Boulevard on
the south and Pepper Avenue on the west. Like Sunrise and 19th Street this area also
received a HUD score of 20, and the decision to invest additional housing funds in this area
was also based on the amount of funding already invested to revitalize this neighborhood.
Approximately $3 million in Set-Aside Funds has been invested to acquire fifteen properties
that were demolished and will be redeveloped in the future. The Agency plans to issue a
request for proposals to the development community to redevelop this area under a future
housing use. There is also discussion of including a potential commercial component along
Foothill Boulevard if funds permit and market demand is warranted.
The data sources used to determine the above mentioned areas of greatest need were the
HUD Foreclosure Need website, RealtyTrac5, DataQuick6, internal Geographic Information
System data and the Agency's experience administering housing programs funded by NSP1
and other funding sources, such as Set-Aside and HOME funds.
3. Definitions and Descriptions
Blighted Structure: The City of San Bernardino uses the State of California's definition of
blight as found in California Health and Safety Code Sections 33030 and 33031.
5 An Irvine, California based company that tracks foreclosures nationwide.
6 A San Diego, California based company that provides real estate information nationwide.
7
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Affordable Rents: The words "Affordable Rents" shall have the same meaning as defined in
California Health and Safety Code Section 50053, as such section may be amended from
time to time, or as this term is defined in 24 CFR Part 92.2, whichever is the most restrictive,
less utility allowances as adopted by the County of San Bernardino Housing Authority Section
8 Program, as appropriate.
Ensuring Continued Housinq Affordability of Rental Housing: To ensure continued
affordability of NSP3 assisted rental housing, the program will include an annual certification
of occupancy including adequate verifiable documentation of income pertaining to each
member of the qualifying household. In addition, Grantee will impose affordability covenants
for a period of fifty-five (55) years through a deed restriction on rental projects. This is
consistent with other multifamily and senior housing developments the Grantee has
subsidized in the past under NSP1 and California Redevelopment Law.
Ensuring Continued Housing Affordability of Ownership Housing: To ensure continued
affordability of NSP3 assisted ownership housing, the program will impose affordability
covenants for a term not to exceed forty-five (45) years, commensurate with the source of
program funding and consistent with Grantee's existing down payment assistance program
for homeownership projects. This will be enforced through deed restrictions and will also
require annual certification of owner occupancy and documentation to support proof thereof.
This is consistent with the City's existing homebuyer down payment assistance program and
is consistent with both California Redevelopment Law and the State of California Cal-Home
Program.
Housing Rehabilitation Standards: NSP3 assisted rehabilitation activities will be conducted in
accordance with all local, state, and federal codes, statutes, and regulations and/or
homeowner or mobile home park rules, and historic preservation requirements, as applicable
and will comply with Part 11 of the California Code of Regulations, Title 24, also known as the
California Building Standards Code and the Energy Star Qualified New Home standard. In
addition, Grantee's housing building standards include recommended green building
measures.
Area Median Income: The words "Area Median Income" shall mean the median income for
San Bernardino County, adjusted for household size, as published by the Housing and
Community Development Department of the State of California, as such term is amended
from time to time, or as defined by the Department of Housing and Urban Development, as
amended from time to time, whichever is lower and whichever provides the deepest level of
affordability when compared on an income-level basis.
8
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LMMH: The acronym "LMMH" means and refers to persons and households whose income
does not exceed 120% percent of area median income, adjusted for household size, as set
forth in Health and Safety Code Section 50093, as such section may be amended from time
to time, or as this term is defined in 24 CFR Part 92.2, whichever is the most restrictive. The
acronym stands for "Low-, Moderate- and Middle-Income Households".
Very Low-Income Household: The words "Very Low-Income Household" mean and refer to
persons and households whose income does not exceed 50% percent of area median
income, adjusted for household size, as set forth in Health and Safety Code Section 50105,
as such section may be amended from time to time, or as this term is defined in 24 CFR Part
92.2, whichever is the most restrictive.
4. Low-Income Targeting
At least $819,350 or 25% of the total award under NSP3 will be dedicated to provide housing
for individuals or families whose incomes do not exceed 50% of AMI. This portion of funding
will be used to acquire and rehabilitate smaller, foreclosed or abandoned, multifamily
properties consisting of up to 12 units in the areas of greatest need identified above. These
properties will then be rented at an affordable housing cost to households whose incomes do
not exceed 50% of AMI.
Grantee will issue a Request For Proposals ("RFP") inviting qualified non-profit developers to
identify eligible multifamily housing projects that have been foreclosed or abandoned and are
generally considered to be a blighting influence within the NSP3 areas of greatest need. In
accordance with NSP3 requirements the subject properties will also be purchased at a
discount to appraised value. Qualified affordable housing developers submitting project
proposals with these specifications would have the opportunity to compete for Grantee funds
to acquire, rehabilitate, and manage such properties under a new professional management
agreement and requisite 55-year affordability covenants.
5. Acquisition and Relocation
Based on current estimates, Grantee anticipates converting no more than 12 dwelling units
that currently benefit households at or below 80% of AMI as a direct result of NSP3-assisted
activities. It is anticipated that single family properties to be acquired and rehabilitated under
NSP3 will be vacant at the time of initial purchase. Any multifamily properties acquired
through NSP3 activities with tenants residing in them will first be screened in order determine
the need for possible relocation assistance. In the event tenant displacement occurs and
relocation assistance is necessary, the Agency will comply with all applicable requirements
under the Tenant Protection Act of 2009 and certain relocation requirements that may be
applicable under the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970.
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Grantee will generate preliminary title reports on those properties it intends to acquire looking
9 p rY
for, among other things, any deed restrictions associated with affordability. Should there be
deed restrictions, Grantee will agree for those restrictions to remain after the structure is
rehabilitated and new occupants for the property are identified.
Table 1 below indicates the number of NSP3 affordable housing units Grantee estimates can
be produced over the term of the program for households whose income does not exceed
50% AMI and 120% AMI, respectively.
Table 1. Housing Units Expected to be Produced by Area Median Income
Income Group Proposed Activity Units Project Start Date/End Date
Start Date: Within one year of
Acquisition, rehabilitation and approval of Substantial Amendment
rental of foreclosed or abandoned by HUD.
< 50% AMI multifamily properties through 10
Grantee RFP process End Date: Within two years after
initiation of construction and/or
rehabilitation.
Start Date: 120 days of approval of
Substantial Amendment by HUD.
Acquisition, rehabilitation and
< 120% AMI resale of foreclosed or abandoned 45
single family homes. End Date: 3 years from approval
of Substantial Amendment by HUD.
Total Proposed Affordable Housing Units: 55
6. Public Comment
The NSP3 application was published and made available to the public at no less than three
public facilities within the City. In addition, the proposed Action Plan was posted to the
Agency's Website for public review and comment. In both cases, a summary of public
comments will be made available during the public review and comment period. Also, any
public comments made at the City Council Public Hearing will be summarized. All public
comments shall be noted and attached to the Action Plan for HUD scrutiny.
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7. NSP Information by Activity
In addition to administrative activities, Grantee has identified two (2) NSP3 program activities.
Grantee's proposed NSP3 programs include:
A. Acquisition, Rehabilitation and Resale: The majority of Grantee's NSP3 funds,
$2,130,311, will be used for the acquisition, rehabilitation and resale of foreclosed or
abandoned single family homes through participating intermediaries, such as non-
profit housing developers. These intermediaries will be retained through a RFP
process and will be verified by Agency staff with recommendations submitted to
Council. The acquired properties would be selected from the two areas of greatest
need identified in Section 2 of this Amendment.
Under this program, Grantee would purchase a foreclosed or abandoned property
from the bank or other financial institution at a discount to fair market value through the
Agency's affiliated non-profit organization, Affordable Housing Solutions of San
Bernardino ("AHS"). Upon acquisition, one of the intermediaries selected through the
RFP process would be assigned by Grantee to secure, maintain, rehabilitate and resell
the home to a household whose income does not exceed 120% AMI. The
intermediary would rehabilitate the single family unit to meet housing code and HUD
rehabilitation standards, including the standard for Energy Star Qualified New Homes.
During this period, the intermediary would qualify an applicant for homeownership
according to NSP3 guidelines. The intermediary would then sell the home to the
applicant for an amount equal to the lower of the home's appraised value or its total
development cost. The new homebuyer would then secure a conventional mortgage
from one of the Agency's approved lenders and would close on the home. As part of
the qualification process, the qualified homebuyer must complete a minimum of eight
(8) hours of homeownership counseling prior to the sale. AHS would hold title to the
property until the close of sale to a qualified homebuyer.
The decision to allocate most of the NSP3 funding towards this use was based on
several factors, with three of these factors having the greatest influence. The first of
these factors is the abundant number of foreclosed or abandoned single family homes
throughout the City and in the identified areas of greatest need. As was indicated in
Section 2 of this document, the City has a foreclosure rate approximately three times
that of the country as a whole, and both of the identified NSP3 target areas have
approximately 27% of their respective dwelling units in foreclosure or 90 days
delinquent. With such high foreclosure rates it should not be difficult to find residential
properties eligible to be acquired and rehabilitated with NSP3 funds. Another factor in
deciding to implement this housing program is Grantee's experience with a similar
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program enacted with NSP1 funds. Grantee's experience has shown that there is a
high demand for these types of homes, primarily because of the high percentage of
households in the City that have an income below 120% AM17. To date, intermediaries
working with the Agency have been able to readily find qualified homebuyers for the
homes that have been rehabilitated under the NSP1 program. The final factor is the
community's preference for homeownership housing versus rental housing. Through
meetings with the City Council it has been established the residents of the City would
prefer to provide affordable homeownership opportunities rather than rental
opportunities.
Acquisition, Rehabilitation and Rental for Households at or below 50% AMI:
Approximately $819,350 or at least 25% of the total award under NSP3 will be
dedicated to provide housing for individuals or families whose incomes do not exceed
50% of AMI. This portion of funding will be used to acquire and rehabilitate small,
foreclosed or abandoned, multifamily properties consisting of up to 12 units in the
NSP3 areas of greatest need identified above. These properties will then be rented at
an affordable housing cost to households whose incomes do not exceed 50% AMI.
Under this program activity, Grantee will issue a Request For Proposals ("RFP")
inviting qualified non-profit developers to bid on eligible multifamily housing projects
that have been foreclosed or abandoned and are generally considered to be a
blighting influence within the NSP3 areas of greatest need. In accordance with NSP3
requirements the subject properties will also be purchased at a discount to appraised
value. Qualified affordable housing developers responding to project proposals with
these specifications would have the opportunity to compete for Grantee development
loans to acquire, rehabilitate, and manage such properties under a new professional
management agreement. It would be the responsibility of the selected developer(s) to
hold title to the multifamily properties, rehabilitate the multifamily units to meet housing
code and HUD rehabilitation standards, including the standard for Energy Star
Qualified New Homes, and rent out the multifamily units to households whose income
does not exceed 50% AMI. The owner/developer would be responsible for
professionally managing the property and ensuring that tenants selected to reside in
the property comply with all NSP3 income and tenancy requirements.
7 Data from the HUD Foreclosure Need website reveals that the percentage of persons with an income of less than 120%
AMI is greater than 85%for both of the areas of greatest need identified to receive NSP3 funding(please see Attachment
No. 2).
12
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,. According to the Agency's ex erience with NSP1 housing programs, a rental program
is the most effective way to deploy the NSP3 funding dedicated to specifically address
the needs of Very Low-Income households. The Agency's experience with NSP1 has
shown that approximately the same amount of Neighborhood Stabilization Program
subsidies are required to house a 50% AMI household in a single family,
homeownership unit as it does to house them in an affordable rental unit$. Since the
costs to provide a single family homeownership unit to a Very Low-Income household
are the same as those required to provide an affordable rental unit, the decision to
deploy this portion of funding to provide rental housing was based on NSP3 guidelines
which require Grantees to "create preferences for the development of affordable rental
housing for properties assisted with NSP3 funds"9. Also, by including a rental housing
component as part of its NSP3 housing activities, the Agency is able to diversify the
type of housing offered under NSP3, which should help to utilize NSP3 funds faster
and reach a wider segment of the population.
Administration: Administration of the program will not exceed 10% ($327,740) of
the NSP3 grant and 10% of program income.
For both of its NSP3 housing program activities, Grantee will enact measures to comply with
the vicinity hiring requirements under NSP3. Primarily, Grantee will insert language in its
agreements with developers, intermediaries and contractors that requires them to establish
procedures for hiring from the NSP3 target areas. These procedures shall be consistent with
Section 3 and Agency guidelines and will be monitored by Agency staff throughout the
Program to ensure compliance.
8. Certifications
(1) Affirmatively furthering fair housing. The jurisdiction certifies that it will affirmatively further fair housing,
which means that it will conduct an analysis to identify impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that
analysis, and maintain records reflecting the analysis and actions in this regard.
(2) Anti-displacement and relocation plan. The applicant certifies that it has in effect and is following a
residential anti-displacement and relocation assistance plan.
8 Based on NSP1 experience an NSP subsidy of approximately$65,000 is required to house a 50%AMI household in a
single family, homeownership unit and a subsidy of about$70,000 is required to provide an affordable rental unit for the
same household.
F
`v 9 Excerpted from Federal Register,Vol.75, No. 201,October 19, 2010, Notices,Section U.
13
PAAgendas\Agenda Attachments\Exhibits\2011\02-07-11 NSP3 Substantial Amendment Application.docx
(3) Anti-lobbying. The jurisdiction must submit a certification with regard to compliance with restrictions on
li
lobbying required by 24 CFR part 87,together with disclosure forms if required by that part.
(4) Authority of jurisdiction. The jurisdiction certifies that the consolidated plan or abbreviated plan, as
applicable, is authorized under state and local law (as applicable) and that the jurisdiction possesses the legal
authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD
regulations and other program requirements.
(5) Consistency with plan.The jurisdiction certifies that the housing activities to be undertaken with NSP funds
are consistent with its consolidated plan or abbreviated plan, as applicable.
(6) Acquisition and relocation. The jurisdiction certifies that it will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are
modified by the notice for the NSP program published by HUD.
(7) Section 3. The jurisdiction certifies that it will comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135.
(8) Citizen participation. The jurisdiction certifies that it is in full compliance and following a detailed citizen
' participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115, as modified by NSP
requirements.
(9) Following a plan.The jurisdiction certifies it is following a current consolidated plan (or
Comprehensive Housing Affordability Strategy) that has been approved by HUD. [Only States and entitlement
jurisdictions use this certification.]
(10) Use of funds. The jurisdiction certifies that it will comply with the Dodd-Frank Wall Street Reform and
Consumer Protection Act and Title XII of Division A of the American Recovery and Reinvestment Act of 2009 by
spending 50 percent of its grant funds within 2 years, and spending 100 percent within 3 years, of receipt of
the grant.
(11)The jurisdiction certifies:
a. that all of the NSP funds made available to it will be used with respect to individuals and families
whose incomes do not exceed 120 percent of area median income; and
b. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties
owned and occupied by persons of low- and moderate-income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements. However, if NSP
funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public
improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment
or charge may be made against the property with respect to the public improvements financed by a
14
PAAgendas\Agenda Attachments\Exhibits\2011\02-07-11 NSP3 Substantial Amendment Application.docx
I
source other than CDBG funds. In addition, with respect to properties owned and occupied by
moderate-income but not low-income families an assessment or charge may be made against the
( ) g
g Y
with respect to the public improvements financed b a source other than NSP funds if the
property p P p Y
jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment.
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(12) Excessive force.The jurisdiction certifies that it has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights demonstrations; and
b. A policy of enforcing applicable state and local laws against physically barring entrance to, or exit from,
a facility or location that is the subject of such nonviolent civil rights demonstrations within its
jurisdiction.
(13) Compliance with anti-discrimination laws. The jurisdiction certifies that the NSP grant will be conducted
and administered in conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing
Act (42 U.S.C. 3601-3619), and implementing regulations.
(14) Compliance with lead-based paint procedures.The jurisdiction certifies that its activities concerning lead-
based paint will comply with the requirements of part 35, subparts A, B, 1, K, and R of this title.
(15) Compliance with laws. The jurisdiction certifies that it will comply with applicable laws.
(16) Vicinity hiring. The jurisdiction certifies that it will, to the maximum extent feasible, provide for hiring of
employees that reside in the vicinity of NSP3 funded projects or contract with small businesses that are owned
and operated by persons residing in the vicinity of NSP3 projects.
(17) Development of affordable rental housing. The jurisdiction certifies that it will be abide by the
procedures described in its NSP3 Abbreviated Plan to create preferences for the development of affordable
rental housing for properties assisted with NSP3 funds.
9. NSP3 Application Summary
In addition to the preceding narrative, the application summary forms included in the HUD
publication "Instructions for Completing the NSP3 Substantial Amendment or Abbreviated
Action Plan", have been filled to ensure that all required information has been included in this
Substantial Amendment and for the reader's reference.
Signature/Authorized Official Date
Title
15
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I; This Sparc for riling stem oN
SAN BERNARDINO COUNTY SUN p y
II�
i
4030 N GEORGIA BLVD,SAN BERNARDINO,CA 92407
Telephone(909)889-9666 /Fax(909)885-1253
I
is
'i
Carey K. Jenkins
ECONOMIC DEVELOPMENT AGENCY-CI SBSa:2024172
201 NORTH EST#301 CITY OF SAN BERNARDINO
NOTICE SAN BERNARDINO, CA- 92401 FOR THE COOUNCILIOF HEARIG
THE CITY
OF SAN BERANRDINO
Notice is hereby giventhat the
Council of the City of San Bernardino
will hold a public hearing In the City
Council Chambers located at 300 North
PROOF OF PUBLICATION Monday,Street, San Bernardino, on
Monday, February 7, of 4:30 p.m., or
as soon thereafter as possible, to
receive public comment on the
(2015.5 C.C.P.) following:
Draft Substantial Amendment to the
State of California ) City of San Bernardino Consolidated
County of SAN BERNARDINO }ss Annual Action Plan for Fiscal Year
2010-2011
A Substantial Amendment to the City
of San Bernardino Consolidated
Notice Type: GPNSB-GOVERNMENT PUBLIC NOTICE-SB Annual Action Plan for Fiscal Year
2010-2011 is being proposed pursuant to
the Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010
Ad Description:NSP3 Notice of Substantial Amendment ( Dodd-Frank �ct"). Approved byY
Congress on Ju v 21, 2010, the Dodd-
Frank Act appropriates $l billion for
the purpose of assisting in the
redevelopment of abandoned and
foreclosed homes and residential
Properties under the Neigghborhood
I am a citizen of the United States and a resident of the State of Califomla;I am Stabilization Program ("NSP"). The
over the age of eighteen years,and not a party to or Interested in the above funds appropriated under the Dodd-
Frank Act are referred to as"NSP3".
entitled matter.I am the principal clerk of the printer and publisher of the SAN Under this new entitlement program,
BERNARDINO COUNTY SUN,a newspaper published In the English language the City of San Bernardino has been
In the city of SAN BERNARDINO,county of SAN BERNARDINO,and adjudged administered million..0 S e gant Department r
a newspaper of general circulation as defined by the laws of the State of of Housing and Urban Development
California by the Superior Court of the County of SAN BERNARDINO,State of ("HUD") and are treated as
California,under date 06/2011952,Case No.73084. That the notice,of which Community Development Block Grant
( CDBG ) Funds. A substantial
the annexed is a printed copy,has been published in each regular and entire amendment to the Action Plan is
issue of said newspaper and not in any supplement thereof on the following required because this supplemental
dates,to-wit: appropriation of CDBG funds for the
undertaking of activities were not
budgeted in the current Action Plan.
All persons desiring to voice their
opinion on the proposed Substantial
01/14/2011 Amendment may appear before the
Mayor and Common Council of the
City of San Bernardino on the date and
time stated hereinabove or submit
written comments by 12:00 P.m. on
said date to:
Emil A.Marzullo,
Interim Executive Director
City of San Bernardino Economic
Executed on:01/20/2011 Development Agency
At Los Angeles,California 201 North"E"Street,Suite 301
San Bernardino,CA 92401
Attention,:Carey K.Jenkins,Director
I certify (or declare) under penalty of perjury tha( the foregoing is true and of Housing
correct, and Community Development
The Draft Substantial Amendment to
the Consolidated Annual Action Plan
for Fiscal Year 2010-2011 (the
V� "Amendment") is available for public
review during period ending
on January 31,, 2011.2011. Copies of the
Signature
. l ' IIIIiIN
IIII!1111 iilll IiIIi IIIII Iilll�l�11111 VIII iIIII IIII illll 111 lilt
* A 0 0 0 0 0 2 0 1 7 5 4 1
Amendment are available on the City
of San Bernardino Economic
Development Agency website
athJtpJAvww.sbrda.org and at the
foiiowing FAA during their
respective hours of operation:
City of San Bernardino Economic
Development Agency
201 North"E"Street,Suite 301
San Bernardino,CA 92401
(909)663-1044
Office of the City Clerk
City of San Bernardino
300 North•D•Street,3 Floor
San Bernardino CA 92416
(909)384-5002
Norman F.Feldreym Library
555 West 6"Street
San Bernardino,CA 92410-3094
(909)381-8201
Parties interested in receiving
additional information regarding the
Neighborhood Stabilization Program
and NSP3 may contact Carey K.
Jenkins, Director of Housing and
Community Development, at the City
of San Bernardino Economic
Development Agency at (909) 663.1044
or TDD (909) 384-5540 between the
hours of 9:00 a.m. and 5:00 p.m.,
Monday through Friday.
MCI
S BS-2024172#
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