HomeMy WebLinkAbout11- Economic Development Agency DEVELOPMENT DEPARTMENT
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: KENNETH J.HENDERSON SUBJECT: ALLOCATION OF LOW-AND
Executive Director MODERATE-INCOME HOUSING
FUNDS WITH THE INLAND
DATE: May 11,1994 VALLEY DEVELOPMENT
AGENCY
Sy.nonsis of Previous Commission/CounciUCommittee Action(s):
----------------------- -------------------------------
Recommended Motion(s):
(Community Development Commission)
MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING AN AGREEMENT REGARDING THE ALLOCATION OF LOW-
AND MODERATE-INCOME HOUSING FUNDS WITH THE INLAND VALLEY
DEVELOPMENT AGENCY
Administrator KENNIATH J. ERSON
Executive Director
Contact Person(s): Kenneth J.Henderson Phone: 5081
Project Area(s): Ward(s):
Supporting Data Attached: Staff Report•Resolution
FUNDING REQUIRENIENTS: Amount: $0.000.000 Source:
Budget Authority:
--------—------------------------------------------_-----—----—---—-------"--°_—'---------------"—'
Commission/Council Notes:
-------------—_------- _ _____—_____---------------------------------------------
KJH:1ag:05-0I-0I.cdc COMMISSION MEETING AGENDA
MEETING DATE: 051161/1994
Agenda Item Number:
DEVELOPMENT DEPARTMENT
STAFF REPORT
------------------------------------------------------------------------------------------------------------------
Allocation of Low- and Moderate-Income Housing Funds
The Redevelopment Agency of the City of San Bernardino (the "Agency'), is a redevelopment
agency, a public body, corporate and politic of the State of California, organized and existing
pursuant to the Community Redevelopment Law(Part 1 of Division 24) commencing with
Section 33000 of the Health and Safety Code of the State of California.
The Inland Valley Development Agency("IVDA")is a joint powers authority created pursuant to
Government Code Section 6500, g�I M and Health and Safety Code Section 33320.5, for the
purposes of acquiring and reusing certain Norton Air Force Base properties if and when available
for acquisition.
Section 4.04 of the Amended Joint Exercise of Powers Agreement authorizes the County of San
Bernardino ("County") and the Cities of San Bernardino("San Bernardino"),Loma Linda("Loma
Linda"), and Colton ("Colton") (collectively "Members")to submit a priority list of housing
related projects that comply with Health and Safety Code Section 33334.2, el ggq,for the use of
tax increment revenues in furtherance of increasing, improving or preserving the supply of low-
and moderate-income housing either inside or outside the Project Area of the IVDA, but in any
event within the territorial jurisdiction of the IVDA.
Section 2 of the IVDA's Policy Statement('Policy')Regarding The Allocation of Funds On
Deposit In Its Low- and Moderate-Income Housing Fund ('Fund")provides that upon receipt by
the IVDA of a single project request or a prioritized list of several project requests approved by
the governing body of a Member, the IVDA shall take such action as is necessary to approve the
appropriation and expenditure of that portion of the funds on deposit or to be deposited to the
Fund attributable to each Member.
The Agreement Regarding The Allocation Of Low- and Moderate-Income Housing Funds
("Agreement")which is the subject of this Resolution simplifies the process concerning the
allocation of sums on deposit in the Fund which are attributable to the Agency. The Agency shall
act as the agent for the IVDA for the administration of the IVDA's Low- and Moderate-Income
Housing Program.
Upon execution of the Agreement, sums on deposit attributable to the Agency shall be
immediately paid by the IVDA to the Agency. Thereafter,the first payment of such funds for
each fiscal year shall be made on or about February I of the fiscal year, and the second payment
shall be made on or about the following August I for moneys distributable to the Fund for the
immediately preceding fiscal year.
—_-- -- -- — — — — — ------------------------------------------------------
KJH:lag:05-01-01.cdc COMMISSION MEETING AGENDA
MEETING DATE: 05116HI994
Agenda Item Number: L
DEVELOPMENT DEPART MEW STAFF REPORT
Allocation of Low- and Moderate-Income Housing Funds
April 18, 1994
Page Number-2-
The Agency shall use and apply the sums in accordance with the California Community
Redevelopment Law, prepare and submit all necessary written reports to the IVDA to enable the
IVDA to comply with the reporting requirements imposed on it by the State, and indemnify and
hold the IVDA harmless from and against any and all liability arising from the performance or
non-performance of the Agency's obligations under the Agreement, including without limitation,
the Agency's non-use or misuse of the Funds.
The actual sums on deposit in the Fund attributable to each Member through June 30, 1993 are:
County of San Bernardino $104,198.00
City of San Bernardino $565,471.00
City of Loma Linda $44,325.00
City of Colton $23,164.00
The actual sums on deposit in the Fund attributable to each Member for the 1993-1994 Fiscal
Year are:
County of San Bernardino $43,811.00
City of San Bernardino $281,226.00
City of Loma Linda $16,854.00
City of Colton $13,610.00
On April 5, 1994, the County approved the Agreement with the IVDA. On April 13, 1994, the
IVDA approved the Agreement with the County, the form of the Agreement with San
Bernardino, Loma Linda and Colton, and rescinded the Policy together with any other formal or
informal policies of the IVDA in connection with the subject matter of the Agreement, and any
and all modifications, amendments or clarifications to the Policy as previously approved by the
IVDA. Counsel for San Bernardino, Loma Linda and Colton have provided their comments to
the basic format of their respective Agreements.
^ ^
KJH:1ag:05-01-01.cdc COMMISSION MEETING AGENDA
MEETING DATE: 05/16/11994
Agenda Item Number: ��
DEVELOPMENT DEPARIrv1ENT STAFF REPORT O
Allocation of Low- and Moderate-Income Housing Funds
April 18, 1994
Page Number-3-
It is, therefore, it is appropriate to adopt this Resolution approving the Agreement with the IVDA
and the Agency can accomplish the payment of sums on deposit in the Fund and pledge future
deposits generated by the tax increment revenues produced by the territorial jurisdiction of the
Agency within the Project Area.
It is recommended that the Commission adopt the Resolution Approving the Agreement on behalf
of the Agency and authorize the Executive Director to execute the Agreement with any such
changes as may be approved by the Executive Director and Counsel to the Agency.
W' 4m
KENNETH J. IfENDERSON, Executive Director
Development Department
------- -------------------------------------- -- - --
KJH:lag:05-01-01.cdc COMMISSION MEETING AGENDA
MEETING DATE: 051161/1994
Agenda Item Number:
1 COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
2
3
4 AGENDA
5 May 2 , 1994
6
Item: RESOLUTION OF THE COMMUNITY DEVELOPMENT
7 COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING AN AGREEMENT REGARDING THE
8 ALLOCATION OF LOW- AND MODERATE-INCOME
HOUSING FUNDS WITH THE INLAND VALLEY
9 DEVELOPMENT AGENCY
10
EXHIBIT "All - Agreement Regarding The Allocation of
11 Low- and Moderate-Income Housing Funds
12
Action to
13 be Taken: Adopt Resolution.
14
15 Certified copy of Resolution to be returned to Sabo & Green, a
Professional Corporation.
16
17
18
19
20
21
22 Csm\0006U rorl
23 4\141 11:20
24
25
26
27
28
0
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT
3 REGARDING THE ALLOCATION OF LOW- AND MODERATE-INCOME
HOUSING FUNDS WITH THE INLAND VALLEY DEVELOPMENT AGENCY
4
5
WHEREAS, the Redevelopment Agency of the City of
6
San Bernardino (the "Agency") , is a redevelopment agency, a
7 public body, corporate and politic of the state of California,
8 organized and existing pursuant to the Community Redevelopment
9 Law (Part 1 of Division 24) commencing with Section 33000 of the
10
Health and Safety Code of the State of California; and
11
12 WHEREAS, the Inland Valley Development Agency ("IVDA")
13 was established by the legislative bodies of the County of
14 San Bernardino ("County") , the City of San Bernardino, a charter
15
city, the City of Loma Linda, a charter city, and the City of
16 Colton, a general law city ("Members") ; and
17
1s WHEREAS, on January 24, 1990, a certain Joint Exercise
19
of Powers Agreement became effective in which is set forth the
20
purposes and powers of the IVDA in connection with the adoption
21 of a redevelopment plan and the acquisition and operation of the
22 Norton Air Force Base property if and when acquired; and
23
24 WHEREAS, on February 12, 1990 and February 13, 1990,
25
the Members approved and authorized the execution of a certain
26 ended Joint Exercise of Powers Agreement ("Amended Agreement")
27
28
1 which amended and superseded the Joint Exercise of Powers
2 Agreement; and
3
4 WHEREAS, pursuant to Section 4 .04 of the Amended
5 Agreement, the Members may submit a priority list of housing
6 related projects that comply with the requirements of Health and
7 Safety Code Section 33334.2, et sea. , for the use of tax
8 increment revenues in furtherance of increasing, improving or
9 preserving the supply of low- 'and moderate-income housing either
10 inside or outside the Project Area of the IVDA, but in any event
11 within the territorial jurisdiction of the IVDA; and
12
13 WHEREAS, pursuant to Section 2 of the IVDA's Policy
14 Statement Regarding The Allocation Of Funds on Deposit in its
15 Low- and Moderate-Income Housing Fund ("Fund") , upon receipt by
16 the IVDA of a single project request or a prioritized list of
17 several project requests approved by the governing body of a
18 Member, the IVDA shall take such action as is necessary to
19 approve the appropriation and expenditure of that portion of the
20 funds on deposit or to be deposited to the Fund attributable to
21 each Member; and
22
23 WHEREAS, on April 5, 1994, the County approved an
24 Agreement Regarding The Allocation Of Low- and Moderate-Income
25 Housing Funds with the IVDA ("Agreement") , and on April 13 , 1994,
26 the IVDA approved the Agreement with the County, and the form of
27 the Agreement with the Redevelopment Agencies of the Cities of
2$ San Bernardino, Loma Linda and Colton, in order to accomplish the
- 2 - //
I payment of sums on deposit in the Fund and to pledge future
2 deposits generated by the tax increment revenues produced by the
3 territorial jurisdiction of each Member within the Project Area;
4 and
5
6 WHEREAS, the Agency deems it appropriate to approve the
7 Agreement with the IVDA, a copy of which is attached hereto as
8 Exhibit "A", and is incorporated herein by this reference.
10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
11 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
12 SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
13 FOLLOWS:
14
15 Section 1. The Agency hereby approves the
16 Agreement, a copy of which is attached hereto as Exhibit "A" and
17 is incorporated herein by this reference.
18
19 Section 2. The Executive Director of the Agency is
20 hereby authorized and directed to execute the Agreement on behalf
21 of the Agency with any such changes as may be approved by the
22 Executive Director and Counsel for the Agency.
23
24
25
26
27 !/!
28
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING AN AGREEMENT REGARDING THE ALLOCATION OF
2 LOW- AND MODERATE-INCOME HOUSING FUNDS WITH THE INLAND VALLEY
3 DEVELOPMENT AGENCY
Section 3. This Resolution shall become effective
4
immediately upon its adoption.
5
I HEREBY CERTIFY that the foregoing Resolution was duly
6
7 adopted by the Community Development Commission of the City of
San Bernardino at a meeting
8
thereof, held on the day of
9
1994, by the following vote, to wit:
10
11 Commission Members: AYES NAYS ABSTAIN ABSENT
12 NEGRETE _
CURLIN _
13 HERNANDEZ _
OBERHELMAN _
14 DEVLIN _
POPE-LUDLAM _
15 MILLER
16
Secretary
17
The foregoing resolution is hereby approved this
18 day of , 1994 .
19
Tom Minor, Chairman
20 Community Development
Commission of the
21 City of San Bernardino
Approved as to
22 form and legal content:
23 By:
Agency Counsel
24 oss010oD6nX)C=7
25
26
27
28
4 _ //
0
1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
3 I, Secretary of the Community
Development Commis on of the C— i y of San Bernardino, DO HEREBY
4 CERTIFY that the foregoing and attached copy of Community
Development Commission of the City of San Bernardino Resolution
5 No. is a full, true and correct copy of that now on
file inks office.
6
IN WITNESS WHEREOF, I have hereunto set my hand and
7 affixed the official seal of the Community Development Commission
of the City of San Bernardino this day of
8 , 1994.
9
10 Secretary of the
Community Development Commission
11 of the City of San Bernardino
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
�r� 28 l(
I EXHIBIT "A"
2 AGREEMENT REGARDING THE ALLOCATION OF
LOW- AND MODERATE-INCOME HOUSING FUNDS
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
21
p O
AGREEMENT REGARDING THE ALLOCATION
OF LOW- AND MODERATE-INCOME HOUSING FUNDS
THIS AGREEMENT REGARDING THE ALLOCATION OF LOW- AND
MODERATE-INCOME HOUSING FUNDS (the "Agreement") is made this _ day of
, 1994, by and between the Inland Valley Development Agency, a joint
powers authority duly organized and established under California law (the "IVDA") and
the Redevelopment Agency of the City of San Bernardino, a redevelopment agency
duly organized and operating pursuant to the provisions of the California Community
Redevelopment Law (the "Agency").
RECITALS
WHEREAS, the IVDA was established by the legislative bodies of the
County of San Bernardino, the City of San Bernardino, a charter city, the City of Loma
Linda, a charter city, and the City of Colton, a general law city ("Members"); and
WHEREAS, on January 24, 1990, a certain Joint Exercise of Powers
Agreement became effective in which is set forth the purposes and powers of the
IVDA in connection with the adoption of a redevelopment plan and the acquisition and
operation of the Norton Air Force Base property if and when acquired; and
WHEREAS, on February 12, 1990 and February 13, 1990, the Members
approved and authorized the execution of a certain Amended Joint Exercise of Powers
Agreement ("Amended Agreement") which amended and superseded the Joint
Exercise of Powers Agreement; and
WHEREAS, pursuant to Section 4.04 of the Amended Agreement,
Members that have activated a redevelopment agency and have adopted one or more
redevelopment project areas may submit a priority list of housing related projects that
comply with the requirements of Health and Safety Code Section 33334.2, et seq.,
for the use of tax increment revenues in furtherance of increasing, improving or
preserving the supply of low- and moderate-income housing either inside or outside
the Project Area of the IVDA but in any event within the territorial jurisdiction of the
IVDA; and
WHEREAS, pursuant to Section 2 of the IVDA's Policy Statement
Regarding The Allocation Of Funds On Deposit in its Low- and Moderate-Income
Housing Fund ("Fund"), upon receipt by the IVDA of a single project request or a
prioritized list of several project requests approved by the City Council of a Member,
the IVDA shall take such action as is necessary to approve the appropriation and
expenditure of that portion of the funds on deposit or to be deposited to the Fund
attributable to each Member; and
2
WHEREAS, the IVDA and the Agency now desire to enter into this
Agreement in order to accomplish the payment of sums on deposit in the Fund and
to pledge future deposits generated by the tax increment revenues produced by the
territorial jurisdiction of the Agency within the Project Area.
NOW, THEREFORE, the IVDA and the Agency hereby agree as follows:
AGREEMENT
1 . The IVDA shall maintain records indicating all deposits into the
Fund which were generated by the territorial jurisdiction of the Agency within the
Project Area. Deposits to the Fund shall remain therein and credited to the Agency,
i
together with interest earnings thereon, until such time as the IVDA remits moneys
on deposit to the Agency pursuant to Section 2 during each fiscal year.
2. Upon execution of this Agreement, sums on deposit in the Fund
attributable to the Agency shall be immediately paid by the IVDA to the Agency.
Thereafter, the first payment of such funds for each fiscal year shall be made on or
about February 1 of the fiscal year, and the second payment shall be made on or
about the following August 1 for moneys distributable to the Fund for the immediately
preceding fiscal year.
-3-
0
3. In the event the Agency refuses to accept the sums on deposit in
the Fund which are attributable to the Agency, the IVDA shall be entitled to
encumber, transfer or expend such amounts for any project permitted under Health
and Safety Code Section 33334.2, gt M. or for any other legal purpose within the
territorial jurisdiction of the IVDA, prior to the time such amounts become excess
surplus.
4. In the event the Agency agrees to accept the sums on deposifln
the Fund which are attributable to the Agency, such sums shall be used and applied
bythe Agency within its community and in accordance with the California Community
Redevelopment Law. The Agency and its legislative body shall make all necessary
findings in order to ensure that the IVDA's Low- and Moderate-Income Housing Funds
are used in such a manner.
5. Except for the initial payment by the IVDA to the Agency of sums
on deposit in the Fund, the Agency shall submit a written report to the IVDA regarding
the Agency's use of sums received from the IVDA prior to the date of the immediately
succeeding payment. The Agency shall also timely prepare and submit all necessary
written reports to the IVDA so as to enable the IVDA to comply with the reporting
requirements Imposed on it by the State of California concerning the use of Low- and
Moderate-Income Housing Funds.
O -4-
6. The IVDA hereby acknowledges,but makes no representation that,
subject to all necessary legal requirements, the Agency may use its annual share of
sums on deposit in the Fund for the payment of any of the Agency's indebtedness,
including without limitation, debt service on Agency bonds. Upon the Agency's
request, the IVDA may, solely in its discretion, issue its own obligations which are
payable from the Agency's annual share of sums on deposit in the Fund.
7. Inconsideration for the simplified process concerning the allocation
of sums on deposit in the Fund which are attributable to the Agency, the Agency shall
act as the agent for the IVDA for the administration of the IVDA's Low- and
Moderate-Income Housing Program and shall indemnify and hold the IVDA, its
officers, directors, employees, representatives and successors in interest free and
harmless from and against any and all claims, known and unknown obligations,
liabilities, demands, damages, expenses, costs, attorneys' fees and causes of action
of any kind whatsoever, arising from the performance or non-performance of the
Agency's obligations under the terms of this Agreement, including but not limited to
the Agency's non-use or misuse of the IVDA's Low- and Moderate-Income Housing
Funds.
8. in the event of a breach of this Agreement, the non-breaching
party's exclusive remedy shall be an action for monetary damages or specific
performance, and may not terminate this Agreement.
IN WITNESS WHEREOF, the IVDA and the Agency have executed this
Agreement on the date first above written.
INLAND VALLEY DEVELOPMENT AGENCY
By
Co-Chairman
By
Co-Chairman
Secretary
APPROVED AS TO FORM AND LEGAL CONTENT:
By:
Agency Counsel
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
Executive Director
Secretary
APPROVED AS TO FORM AND LEGAL CONTENT:
By:
Agency Counsel
CSBO/00001DOC/220
4114194 10:00
-6- /I