HomeMy WebLinkAboutR24-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
San Bernardino Redevelopment Project Area
Merger Area A - City Housing Element
Compliance
DATE:
August 4, 2011
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Svnonsis of Previous Commission/Council/Committee Action(s):
On March 4, 2010, Redevelopment Committee Memhers Johnson, Brinker and alternate Shorett unanimously voted to
recommend that the Community Development Commission consider I) approving the Preliminary Report for the Merged,
Amended and Restated Redevelopment Plan and authorize its transmission to each affected taxing entity; and 2) refer the Draft
Merged, Amended and Restated Redevelopment Plan ("Merged Plan") to the Planning Commission of the City of San
Bernardino for its report and recommendation (Central City North, Southeast Industrial Park, Tri-City, South Valle,
Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas - "Merged Area A")
On April 19, 2010, the Community Development Commission of the City of San Bernardino adopted Resolution No.
CDC!20 1 0-21: I) approving the Preliminary Report for the Merged Plan and authorizing its transmission to each affected
taxing entity; and 2) referring the draft Merged Plan to the Planning Commission of the City of San Bernardino for its report and
recommendation (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City
South and Central City East Redevelopment Project Areas - "Merged Area A")
On August 5, 2010, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend that
the Community Development Commission and the Mayor and Common Council set a joint public hearing date to consider
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Recommended Motion(s):
(Mavor and Common Council)
Resolution of the Mayor And Common Council of the City of San Bernardino hereby makes findings and
determinations that: I) the City of San Bernardino has an adopted Housing Element which substantially complies
with the California Government Code section relative to Housing Elements; 2) the Redevelopment Agency of the
City of San Bernardino has not been included in the California State Controller's report to the office of the Attorney
General for agencies with major audit violations in any of the last three Fiscal Years; and 3) the Agency does not
have an excess surplus in its Low and Moderate Income Housing Fund
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Project Area(s):
Mike Trout
CCN, CCS, CCE, M/CC,
SV, TRl and SElP
Phone:
(909) 663-1044
Contact Person(s):
Ward(s):
1 and 3
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s)
Funding Requirements:
Amount: $
N/A
Source:
N/A
Commission/Council Notes:
Budget Authority:
Fiscal Review:
xecutive Director Lori P. r
Signature:
Emil A. Marzu
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P:\Agendas\Comm DevCommission\CDC 2011\08-15-11 2011 Housing Element Compliance Merged Area A SR_doc COMMISSION MEETING AGENDA
Meeting Date: 08/15/201l
r:u, Iac.~+- 'P"-9E
Ap'enda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
SAN BERNARDINO REDEVELOPMENT PROJECT AREA MERGER AREA A-
CITY HOUSING ELEMENT COMPLIANCE
BACKGROUND:
The Central City North Redevelopment Project Area was adopted in 1973; Southeast Industrial Park was adopted in
1976; Tri-City was adopted in 1983; South Valle was adopted in 1984; Meadowbrook was adopted in 1958; Central
City was adopted in 1965; and Central City South and Central City East were adopted in 1976. Each of these
project areas havelhad different dates for project expiration, incurring debt, eminent domain, receiving tax
increment and paying debt. Additionally, each project area has different limits on the amount of tax increment that
can be received and debt that can be accumulated. Collectively, the above mentioned redevelopment project areas
shall be referred to as the Project Areas and/or Merged Area A (the "Project Areas" and/or "Merged Area A").
As a result, some project areas: (I) do not have sufficient tax increment to assist in financing projects; (2) can no
longer incur debt resulting in the Agency's inability to partner with developers that need Agency financial
assistance; and (3) are approaching or have approached the cap on tax increment that can be received to assist in
needed projects.
Merger of project areas is desirable if the merger results in substantial benefit to the public and if the merger
contributes to the revitalization of blighted areas through increased economic vitality of those areas and through
increased and improved housing opportunities in or near such areas. Merger of project areas allows the
Redevelopment Agency of the City of San Bernardino (the "Agency") the flexibility to direct redevelopment funds
to the areas, projects and programs most in need. Sections 33485 - 33489 of the California Community
Redevelopment Law (the "CRL") deal with the financial merger of project areas.
On August 3, 2009, the Community Development Commission of the City of San Bernardino (the "Commission")
adopted Resolution No. CDC/2009-41 approving an agreement between the Agency and Rosenow Spevacek Group
("RSG") for the preparation of merger and amendment documents.
On August 3, 2009, the Commission adopted Resolution No. CDC/2009-42 approving an agreement with RBF
Consulting ("RBF") for the preparation of a Program Environmental Impact Report (the "Program EIR"). A
Program EIR is required in order for the Agency to merge Project Areas.
On April 19, 2010, the Commission adopted Resolution No. CDC/201O-21 wherein the Commission: (I) approved
the Preliminary Report for the Merged, Amended and Restated Redevelopment Plan (the "Merged Plan") for the
proposed Merged Area A; and (2) referred the Merged Plan to the Planning Commission of the City of San
Bernardino (the "Planning Commission") for its repOlt and recommendation concerning conformance to the
General Plan of the City of San Bernardino (the "General Plan").
On June 23, 2010, the Planning Commission made a finding that the Merged Plan is in conformance with the
General Plan.
Since August 2009, RSG has been working with the Agency in the preparation of the required documents necessary
for the proposed Merged Area A. Among those documents necessary for the merger is the Report to the Mayor and
Common Council (the "Report"). Sections 33333.11 and 33352 of the CRL require that the Agency prepare and
that the Commission adopt the Report no later than 45 days prior to the joint public hearing of the Commission and
the Mayor and Common Council of the City of San Bernardino ("Council") on the proposed Merged Plan for the
proposed Merged Area A.
P:'Agendas\Comm De\' Commission\CDC 201 1\08.15-11 2011 Housing Element Compliance Merged Area A SR.doe
COMMISSION MEETING AGENDA
Meeting Date: 08/15/2011
Agenda Item Number: _~1-4
Economic Development Agency Staff Report
Merged Area A - Housing Element Compliance
Page 2
On August 16, 201 0, the Commission approved a resolution adopting the Report and transmitted the Report to the
Council. Additionally, both the Commission and the Council set a joint public hearing date wherein the proposed
Merged Plan will be presented for adoption and the Program ErR for certification.
On December 20, 2010, the Commission and the Council conducted a joint public hearing concerning the adoption
of the proposed Merged Plan and the Program ErR. The joint public hearing was opened, testimony taken from
interested parties and then the joint public hearing was closed. Following the closing of the joint public hearing, the
Commission adopted Resolution No. CDC/201 0-66 which certified the Program EIR forthe proposed Merged Plan.
However, no action was taken concerning the adoption of the proposed Merged Plan as the City had not completed
the updated Housing Element to be in compliance with the current law.
The 2011 Draft Housing Element update (GPA 11-01) has been through two (2) reviews by the California State
Department of Housing and Community Development (the "HCD"). The first review resulted in multiple revisions
and re-submittal for another review. The second HCD review letter, dated February 8, 2001 and attached as Exhibit
"A" to this staff report, stated that the Draft Housing Element will comply with State housing element law upon
completion of specified modifications, including an amendment to the City development Code to modify the studio
apartment parking standard and to modify the definition of "family" to conform to State law. City staff made the
requested additions to the 2011 Draft Housing Element update and prepared Development Code Amendment (DCA
11-02) to comply with the other HCD requirements. DCA 11-02 supplements GPA 11-01, but the two applications
are independent.
On May 25, 2011, the Planning Commission of the City of San Bernardino (the "Planning Commission")
considered the proposed update of the General Plan Housing Element (GP A 11-01) and Negative Declaration.
Based on the finding of facts presented in the Planning Commission staff report the conclusion was that the updated
Housing Element (GPA 11-01), considered with the concurrent proposal to amend the City of San Bernardino
Development Code (DCA 11-02), complies with the State law as indicated in the review from the California
Department of Housing and Community Development dated February 8, 2011. Following the presentation the
Planning Commission voted unanimously to recommend adoption of the Negative Declaration and Housing
Element update to the Mayor and Common Council, based on the finding of facts contacted in the staff report.
On June 20, 2011, the Mayor and Common Council adopted Resolution No. 2011-206 thereby approving and
adopting the 2011 update of the General Plan Housing Element (GPA 11-01).
On June 20, 2011, the Mayor and Common Council conducted a public hearing of an ordinance amending the City
of San Bernardino Development Code (DCA 11-02) wherein the hearing was closed and the ordinance was laid
over for final adoption.
On July 5, 20 II, the Mayor and Common Council adopted Ordinance No. MC-1354 thereby amending the City of
San Bernardino Development Code (DCA 11-02) by modifying definitions in Section 19.02.050 and parking
standards in Section 19.24.040 and adding Chapter 19.63 to establish a procedure for requesting reasonable
accommodation for individuals with disabilities.
CURRENT ISSUE:
As part of the overall proposed Merged Plan it is proposed to extend the time limit on the: I) plan effectiveness; 2)
payment of indebtedness; and 3) receipt of tax increment revenues for ten (10) additional years for the
Meadowbrook/Central City and Central City North Redevelopment Project Areas pursuant to Section 33333.1 0 of
the CRL.
P:'Agendas\Comm Dev Commission\CDC 2011\08-15-1] 2011 Housing Element Compliance Merged Area A SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 08/15/2011
Agenda Item Nnmber:
yz:zA
Economic Development Agency Staff Report
Merged Area A - Housing Element Compliance
Page 3
Section 33333.1O(h) of the CRL requires that the legislative body, before adopting the proposed Merged Plan,
adopt a resolution that finds: 1) that the current adopted housing element is in substantial compliance with State
regulations; 2) that for the three (3) previous fiscal years the Agency has not been cited for major violations on the
State Controller report; and 3) that there is not an excess surplus in the Agency's Low and Moderate Income
Housing Fund.
Agency staff has reviewed the audit reports for the past three (3) fiscal years (FY 07/08, FY 08/09 and FY 09/10)
and have found that the Agency has not been cited for any major audit violations that otherwise would have been
required to be reported pursuant to Section 33080.8 of the CRL.
ENVIRONMENTAL IMPACT:
This item does not meet the definition of a "project" under Section 15378 of the California Environmental Quality
Act ("CEQA"), which states that a "Project" means the whole of an action, which has a potential for resulting in
either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment.
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Mayor and Common Council adopt the attached Resolution.
)
(;'
xecutive Director
'1
'-'
Attachment:
Exhibit "A"
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P:\Agendas\Comm Dev Commission\CDC 2011\08-15-11 2011 Housing Element Compliance Merged Area A SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 08/15/2011
Agenda Item Number: -.tz..z..4
Economic Development Agency Staff Report
Merged Area A - Housing Element Compliance
Page 4
Exhibit" A"
Housing and Conununity Development Letter
Dated February 8, 2011
P:'Agendas\Comm Dev Commission\CDC 201] \08.] 5.1 I 20] 1 Housing Element Compliance Merged Area A SR,doc
COMMISSION MEETING AGENDA
Meeting Date: 08/15/2011
Agenda Item Number: _~1J..(
STATI= n,,- (".AI l~n~NIIt .RII~I.U:::~l:: TAA",~pnIllTAT1ON ANn HnII~Nn AnFIlIr.:V
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Thira 51_. su.. 430
P. O. Bo. 952053
'FIlm.nto, CA 94252-2053
'323.31771 FAX (916)327'2643
A",hcd.ca.gov
~nulJNn r: ARllWN IA r'__....n
(i)
February 8, 2011
Ms. Margo Wheeler, Director
Community Development Department
City of San Bernardino
300 North D Street, 3rd Floor
San Bernardino, CA 92418
Dear Ms. Wheeler:
RE: Review of the City of San Bernardino's Revised Draft Housing Element
Thank you for submitting San Bernardino's revised draft housing element received for
review on December 10, 2010. The Department is required to review draft housing
elements and report the findings to the locality pursuant to Government Code
Section 65585(b). Communications with Ms. Terri Rahhal, City Planner, facilitated the
review. In addition, the Department considered comments from the Public Counsel in
Los Angeles, pursuant to Govemment Code Section 65585(c).
The revised draft element addresses most of the statutory requirements described in the
Department's February 18, 2010 review (see link, page 3). However, the following
revisions are still necessary to comply with State housing element law (Article 10.6 of the
Government Code):
1. Inc/ude an inventory of land suitable for residential development, including vacant
sites and sites having the potentiat for redevelopment, and an analysis of the
relationship of zoning and public facilities and services to these sites (Section
65583(a)(3)).
Identify adequate sites which will be made available through appropriate zoning and
development standards and with public seN/ces and facilities needed to facilitate
and encourage the development of a variety of types of housing for all income
levels, including rental housing, factory-built housing, mobilehomes, and emergency
shelters and transitional housing (Section 65583(c)(1)).
Emergency Shelters: While the element has been updated to briefly describe
capacity of zones within the emergency shelter overlay, it must also analyze the
suitability and appropriateness of these zones. For example, the element describes
land within the overlay zone is comprised of Industrial light (lL), Commercial Hea.vy
(CH) and Office Industrial Park (OIP). While some of these zones aI/ow residential
uses as a secondary use, it does not describe how aI/these underlying zones are
appropriate for the development of emergency shelters. For example, some light
industrial and heavy Commercial zones may have environmental or other
,
j
Ms. Margo Wheeler. Director
Page 2
conditions rendering them unsuitable for residential or shelter uses. Furthermore.
while the element states one-third of the parcels in the inventory are vacant
(page 3-44), it does not describe typical parcel to demonstrate their suitability for the
development of emergency shelters. As noted in the previous review, typical
emergency shelters in the City include between 40 to 60 beds. The element should
expand upon the description of the parcel sizes of the vacant acreage to
demonstrate their potential to fully accommodate the City's need for emergency
shelters. However, if non-vacant parcels within the emergency shelter overlay are
needed to accommodate the City's need for emergency shelters. the element should
include an estimate of the number of parcels with redevelopment potential and
capacity for conversion to emergency shelters.
Based on the outcome of these analyses, the City may need to revise or add
programs to address this requirement.
2. Analyze poff!Jntialand actual govemmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including for persons
with disabilities, land use controls, building codes and their enforcement, site
improvements, fees and other exactions required of developers, and local
processing and permit procedures. The analysis shall also demonstrate local efforts
to remove govemmental constraints that hinder the locality from meeting its share of
the regional housing need in accordance with Section 65584 and from meeting the
need for housing for persons with disabilities, supportive housing, transitional
housing, and emergency shelters identified pursuant to peragraph (7)
(Section 65583(a)(5)).
The housing element shall contain programs which address, and where appropriate
and legally possible, remove govemmental constraints to the maintenance,
improvement, and development of housing (Section 65583(c)(3)).
Land-Use Controls (Parking): The element has been updated with information
regarding the City's ability to decrease parking requirements for projects within
transit stops and other minor exceptions in on- and off-site parking (page 3-94), but
does not describe the requirements for reductions or analyze the impact of the
parking reductions nor evaluate the impacts of the existing multifamily parking
requirements for studio apartments on the cost and supply of housing. While it
appears minor exceptions may be granted in limited instances, the element does not
describe the extent of reductions or approval procedures and their overall effect on
mitigating impacts or constraints. As a result, the parking standard for studio
apartments (1.5 uncovered plus 1 covered per 5 units) still appears to be a
constraint. The element must be revised to analyze the impact of these standards
and include programs as appropriate to address and mitigate the constraint.
Ms. Margo Wheeler, Director
Page 3
Constraints on Housing for Persons with Disabilities: The element did not address
this finding. Based on the Department's review, the City's Municipal Code
(Article I, Section 19.02.050) defines 'family' as, "An individual, or 2 or more persons
related by blood, marriage or legal adoption, or a group of not more than 6 persons
who are not so related living together as a single housekeeping unit." This definition
of 'family' should be analyzed as a constraint as it excludes unrelated groups of
seven persons or more with disabilities who choose to reside together as a 'family'.
The element should include a program that amends the City's definition of family.
Please see the enclosed sample regarding definition of ''family''.
3. The housing program shall preseNe for low-income household the assisted housing
developments identified pursuant to paragraph (8) of subdivision (a). The program
for preserv.alion of the assisted housing developments shall utilize, to the extent
necessary, all available federal, state, and local financing and subsidy programs
identified in paragraph (8) of subdivision (a), except where a community has other
urgent needs for which alternative funding sources are not available. The program
may include stretegies that involve local regulation and technical assistance
(Section 65583(c)(6)).
While Program 3.2.10 has been revised 10 include outreach to owners of assisted
housing projects, it should also include oulreach efforts to tenants ofthese housing
projects. For example, the program could commit to tenant education and ensure
tenants receive proper notifications when developments become at-risk to
converting to market-rate. Please see the Department's Building Blocks' website for
assistance at hlto:/lwww.hcd.ca.aov/hod/housina element2/PRO alrisk.oho.
Once the element has been revised to address these requirements, it will comply with
State housing element law. If you have any questions or need additional technical
assistance, please contact Breit Arriaga, of our staff, at (916) 445-5888.
Sincerely,
4/&"y~~
Glen A. Campora
Assistant Deputy Director
Enclosure
Link: February 18, 2010 review: htto:/ltinvurl.com/SanBernadino021810
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO HEREBY MAKES FINDINGS AND
DETERMINATIONS THAT: 1) THE CITY OF SAN BERNARDINO HAS
AN ADOPTED HOUSING ELEMENT WHICH SUBSTANTIALLY
COMPLIES WITH THE CALIFORNIA GOVERNMENT CODE SECTION
RELATIVE TO HOUSING ELEMENTS; 2) THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO HAS NOT BEEN
INCLUDED IN THE CALIFORNIA STATE CONTROLLER'S REPORT
TO THE OFFICE OF THE ATTORNEY GENERAL FOR AGENCIES
WITH MAJOR AUDIT VIOLATIONS IN ANY OF THE LAST THREE
FISCAL YEARS; AND 3) THE AGENCY DOES NOT HAVE AN EXCESS
SURPLUS IN ITS LOW AND MODERATE INCOME HOUSING FUND
WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Council")
11 have previously adopted and amended, by ordinance, individual Redevelopment Plans for the
12 Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City,
13 Central City South and Central City East Redevelopment Project Areas (the "Redevelopment
14 Plans" or "Merged Area A") in accordance with the applicable provisions ofthe State of California,
15 Community Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL"); and
16 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
17 public body, corporate and politic existing under the laws of the CRL, and is charged with the
18 mission of redeveloping blighted and underutilized land; and
19 WHEREAS, the Mayor and Common Council acts as the legislative body of the Agency;
20 and
21 WHEREAS, conditions of blight still persist within the proposed Merged Area A which
22 blight, if not rectified, will continue to be a detriment to the Agency's ability to attract and/or retain
23 businesses, developers, investors, etc., to the proposed Merged Area A; and
24 WHEREAS, the Agency proposes to merge the Redevelopment Plans, of the proposed
25 Merged Area A into a single Merged, Amended and Restated Redevelopment Plan (the "Merged
26 Plan"); and
27 WHEREAS, part of the proposed Merged Plan is to extend the time limit on the
28 effectiveness, the time limit on the payment of indebtedness and receipt of tax increment revenues
~~L\
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1 for ten (10) additional years for the Meadowbrook/Central City and Central City North
2 Redevelopment Project Areas pursuant to Section 33333.10 of the CRL; and
3 WHEREAS, the CRL Section 33333.1O(h) requires that the legislative body, before
4 adopting the proposed Merged Plan, adopt a resolution finding all of the following: I) the City of
5 San Bernardino (the "City") has adopted a housing element that the California Department of
6 Housing and Community Development (the "HCD") has determined pursuant to Section 65585 of
7 the California Government Code (the "Government Code") to be in substantial compliance with
8 State Housing Law; 2) that during the three (3) fiscal years prior to the year in which the Merged
9 Plan is to be adopted, the Agency has not been included in the report sent by the California State
1 0 Controller's office to the Office of the Attorney General pursuant to subdivision (h) of Section
11 33080.8 of the CRL (the "33080.8(b) Report") as an agency that has a major audit violation; and 3)
12 after a written request by the Agency to the HCD, the HCD has issued a letter to the Agency,
13 confirming that the Agency has not accumulated an excess surplus in its Low and Moderate
14 Income Housing Fund (the "LMIHF"); and
15
WHEREAS, on June 20,2011, the Mayor and Common Council adopted Resolution No.
16 2011-206 approving and adopting the 2011 update of the General Plan Housing Element; and
17
WHEREAS, the Agency has not been included in the 33080.8(b) Report in any of the three
18 (3) prior reporting fiscal years preceding the year in which the proposed Merged Plan is to be
19 adopted; and
20
WHEREAS, the Agency transmitted a written request to the HCD on May 5, 2010, attached
21
hereto as Exhibit "A" and by reference is made a part hereof, requesting the HCD confirm by
22 written correspondence that the Agency has not accumulated an excess surplus of its LMIHF; and
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WHEREAS, as of this date, more than ninety (90) days after the Agency's written request,
24
the Agency has not received correspondence, written or otherwise, from HUD confirming or
25
denying that the Agency has accumulated an excess surplus in its LMIHF; and
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WHEREAS, Section 33333.10(h) states that "If the department does not respond to the
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written request of the agency for this determination within 90 days after receipt of the written
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request, compliance with this requirement shall be deemed confirmed".
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____ ,,___,,____ ..___~ A_" . urr1>_~ ~~~
1 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
2 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
3 FOLLOWS:
4
Section 1.
The Mayor and Common Council hereby finds and determines that the facts
5 and circumstances set forth in the Recitals above are true and correct and are incorporated herein
6 by this reference.
7
Section 2.
The Mayor and Common Council hereby finds and determines that the City
8 has an adopted Housing Element which the California Department of Housing and Community
9 Development (the "HCD") has determined substantially complies with the California Government
10 Code Sections 66580 - 65589.8, as adopted on June 20, 2011.
11
Section 3.
The Mayor and Common Council hereby finds and determines that during
12 the three (3) fiscal years prior to the year in which the proposed Merged Plan is to be adopted, the
13 Agency has not been included in the report sent by the California State Controller's office to the
14 Office of the Attorney General pursuant to Subdivision (b) of Section 33080.8 of the CRL (the
15 "33080.8(b) Report") as an agency that has had a major audit violation.
Section 4.
The Mayor and Common Council hereby finds and determines that on May
16
17 5, 2010, the Agency sent a letter to the HCD requesting that the HCD confirm by written
18 correspondence that the Agency has not accumulated excess funds, as defined in Section 33334.12
19 of the CRL.
20
Section 5.
The Mayor and Common Council herby finds and determines that as of the
21 date of this Resolution, the Agency had received no correspondence, written or otherwise, from the
22 HCD concerning the Agency's request relative to an excess surplus of Low and Moderate Income
23 Housing Funds.
24
Section 6.
The Mayor and Common Council hereby finds and determines that ninety
25
(90) days have passed since the Agency's request and no response was received from the HCD.
26 Further, Section 33333.1 O(h) of the CRL states that "If the department does not respond to the
27
written request of the agency for this determination within 90 days after receipt of the written
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request, compliance with this requirement shall be deemed confirmed".
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1 Section 7. This Resolution shall take effect upon its adoption and execution in the manner
2 as required by the City Charter.
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22 The foregoing Resolution is hereby approved this
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO HEREBY MAKES FINDINGS AND
DETERMINATIONS THAT: 1) THE CITY OF SAN BERNARDINO HAS
AN ADOPTED HOUSING ELEMENT WHICH SUBSTANTIALLY
COMPLIES WITH THE CALIFORNIA GOVERNMENT CODE SECTION
RELATIVE TO HOUSING ELEMENTS; 2) THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO HAS NOT BEEN
INCLUDED IN THE CALIFORNIA STATE CONTROLLER'S REPORT
TO THE OFFICE OF THE ATTORNEY GENERAL FOR AGENCIES
WITH MAJOR AUDIT VIOLATIONS IN ANY OF THE LAST THREE
FISCAL YEARS; AND 3) THE AGENCY DOES NOT HAVE AN EXCESS
SURPLUS IN ITS LOW AND MODERATE INCOME HOUSING FUND
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof,
, 20 II, by the following vote, to wit:
Nays
Abstain
Absent
Rachel G. Clark, City Clerk
day of
,2011.
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26 Approved as to Fonn:
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Patrick J. Morris, Mayor
City of San Bernardino
By:
<;
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Exhibit "A"
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Agency letter to the California Department of
Housing and Community Development
Dated May 5, 2010
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Via First-Class Mail
May 5, 2010
Lynn L. Jacobs, Director
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
1800 Third Street
Sacramento, CA 95811-6942
SUBJECT: REQUEST FOR WRITTEN CONFIRMATION REGARDING EXCESS
SURPLUS
Dear Ms. Jacobs:
The Redevelopment Agency of the City of San Bernardino ("Agency") is in the process
of preparing an amendment to the Redevelopment Plans ("Plan Amendments") for
seven (7) of its redevelopment project areas-Central City East, Central City North,
Central City South, Meadowbrook/Central City, South Valle, Southeast Industrial Park,
and Tri-City ("Project Areas"). Specific language to be included in the Plan
Amendments to Meadowbrook/Central City and Central City North Project Areas will
extend the effectiveness of the Redevelopment Plans and the time limit to receive tax
increment by ten (10) years. Pursuant to California Community Redevelopment Law
("CRL") (Health and Safety Code 933000, et seq.) Section 33333.10(h)(3), the Agency
is requesting a written letter from the California Department of Housing and Community
Development ("HCD") confirming that the Agency has not accumulated an "excess
surplus," as defined in CRL Section 33334.12, in its Low and Moderate Income Housing
Fund ("Housing Fund").
Specifically, the proposed Plan Amendments would: (1) Merge the Project Areas for
financial purposes, pursuant to CRL Sections 33485-33489; (2) Extend the
effectiveness of the Redevelopment Plans for the Meadowbrook/Central City and
Central City North Project Areas for an additional ten (10) years, pursuant to CRL
Sections 33333.10 and 33333.11 ("10-Year Extensions"); (3) Increase the amount of tax
increment that can be received in all Project Areas being merged; and (4) Increase the
Lynn L. Jacobs
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
May 5, 2010
Page 2
amount of debt that can be outstanding at a given time for the Project Areas. As
described above, CRL Section 33333.10(h)(3) requires for 10-Year Extensions that the
Agency make a finding that HCD has issued a written letter, upon request of the
Agency, confirming that the Agency has not accumulated an excess surplus, as defined
in CRL Section 33334.12, in its Housing Fund. This letter serves as the Agency's
request for written confirmation from HCD. Please provide a written letter verifying
whether the Agency currently has an excess surplus. Pursuant to CRL Section
33333.10(h)(3), if HCD does not respond to this request within 90 days after receipt,
compliance with this requirement shall be deemed confirmed.
Thank you for your assistance with this matter. If you have any questions, please
contact Mike Trout by phone at (909) 663-1044 or bye-mail at mtrouttCilsbrda.orq.
Sincerely,
~@f;2
Emil Marzullo
Interim Executive Director
Cc: File - Merged Area A