HomeMy WebLinkAbout2011-248
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10 WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Council")
RESOLUTION NO. 2011-248
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
11 have previously adopted and amended, by ordinance, individual Redevelopment Plans for the
12 Central City North, Southeast Industrial Park, Tn-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 of the 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;
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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
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2011-248
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 33333.10(h) requires that the legislative body, before
4 adopting the proposed Merged Plan, adopt a resolution finding all of the following: 1) 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
10 Controller's office to the Office of the Attorney General pursuant to subdivision (b) 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
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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
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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
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WHEREAS, the Agency transmitted a written request to the HCD on May 5, 2010, attached
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hereto as Exhibit "A" and by reference is made a part hereof, requesting the HCD confirm by
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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,
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the Agency has not received correspondence, written or otherwise, from HUD confirming or
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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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2011-248
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:
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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.
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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.
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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.
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Section 4.
The Mayor and Common Council hereby finds and determines that on May
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.
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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.
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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.IO(h) of the CRL 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
28 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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2011-248
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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
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2011-248
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Exhibit" A"
Agency letter to the California Department of
Housing and Community Development
Dated May 5, 2010
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2011-248
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 oftax
increment that can be received in all Project Areas being merged; and (4) Increase the
2011-248
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 mtroutlalsbrda.ora.
Sincerely,
Z2JP-.
Emil Marzullo
Interim Executive Director
Cc: File - Merged Area A