HomeMy WebLinkAbout06- Development Department ► EVELOPMENT DEPARTF NT
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: KENNETH J. HENDERSON SUBJECT: FISCAL YEAR 1994-95
Executive Director HOME PROGRAM
DESCRIPTION
DATE: March 2, 1994
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Synonsis of Previous Commission/Council/Committee Action(s):
On March 1, 1994, the Housing Committee recommended to the Mayor and Common Council approval of the
attached Fiscal Year 1994-95 HOME Program Description.
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Recommended Motion(s):
(Manor and Common Council)
MOTION: That the Mayor and Common Council approve the attached Fiscal Year 1994-95 HOME
Program Application and authorize the Mayor and Executive Director to execute any
documents necessary to effectuate the submittal of said application in a timely manner.
Administrator KENNETH J. H NDERSON
Executive Director
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Contact Person(s):Kenneth J. Henderson/David R. Edgar Phone: 5081
Project Area(s): All Ward(s): All
Supporting Data Attached: Staff Report; FY 94-95 HOME Program Description
FUNDING REQUIREMENTS: Amount:$ N/A Source: N/A
Budget Authority: N/A
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Commission/Council Notes:
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KJH:DRE:ABE:paw:fy94home.cdc COMMISSION MEETING AGENDA
Meeting Date: 03/07/1994
i
Agenda Item No:
DEVELOPMENT DEPARTME.
STAFF REPORT
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FISCAL YEAR 1994-95
HOME PROGRAM DESCRIPTION
The City of San Bernardino has received the U. S. Department of Housing and Urban
Development (HUD) formal Notice of FY 1994-95 HOME Program funding availability in
the amount of $1,351,000. The Home Investment Partnerships Act (HOME) Program was
created under Title H of the National Affordable Housing Act of 1990. The general
purposes of the HOME program are as follows:
• To expand the supply of decent, safe, sanitary and affordable
housing, primarily rental housing;
• To strengthen the abilities of local government to provide such
housing opportunities;
• To ensure that Federal housing services, financing and other
investments are provided to local government in a coordinated,
supportive fashion.
Staff has formulated a HOME Program Description that supports the City's adopted
Housing Element, and is consistent with the City's adopted Comprehensive Housing
Affordability Strategy (CHAS). The program description also includes certifications
necessary to implement the HOME Program. The 1994-95 HOME Program Description
proposes to utilize available HOME Program funds totalling $1,351,000, towards the
following housing activities:
Program Administration (10%) $135,100
Moderate Rehabilitation $723,350
CHDO Activity (24%) $325,000
Tenant-Based Rental Assistance Program (TBRA) $100,000
CHDO Administration (5%) $67,550
TOTAL ALLOCATION $1,351,000
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KJH:DRE:ABE:pawly94home.cdc COMMISSION MEETING AGENDA
Meeting Date: 03/07/1994
Agenda Item No:
DEVELOPMENT DEPAF IENT STAFF REPORT
FISCAL YEAR 1994-95 HOME PROGRAM DESCRIPTION
March 1, 1994
Page Number - 2 -
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Locally based non-profit organizations are strongly encouraged to participate in all
aspects of the HOME Program. These participants, however, must first meet strict
HUD requirements which will allow those organizations to be designated as a
Community Housing Development Organization (CHDO). The City must allocate a
minimum of $202,650 (15%) of available FY 1994-95 total HOME Program monies
towards a designated CHDO activity. The City of San Bernardino may, however,
elect to work with one or more CHDOs to meet the specific goals of the HOME
Program.
FY 1994-95 HOME funded moderate rehabilitation monies will be exclusively targeted
towards the rehabilitation of multi-family rental properties. Based upon available FY
1994-95 HOME Program resources, it is anticipated that approximately thirty-two (32)
multi-family units will be assisted. The Housing Division has also targeted multi-family
property within the Arden-Guthrie "Focus" Neighborhood for utilization of designated
CHDO monies.
The Tenant-Based Rental Assistance Program (TBRA) will once again be administered
through the County Housing Authority, with HOME monies being utilized exclusively
towards program recipients. This program targets individuals and families on the State
After-Care list with annual household incomes below 50% of median. Through TBRA,
approximately eight (8) households will receive rental assistance for a two (2) year
period.
On March 1, 1994, the Housing Committee approved the attached Fiscal Year 1994-95
HOME Program Description and recommended forwarding said item to the Mayor and
Common Council.
Based upon the staff report and the attached 1994-95 HOME Program Description,
staff recommends adoption of the form motion.
t14 K
KEN ETH J. IIENDERSON, Executive Director
Development Department
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KJH:DRE:ABE:paw:fy94home.cdc COMMISSION MEETING AGENDA
Meeting Date: 03/07/1994
Agenda Item No:
TABLE OF CONTENTS
HOME PROGRAM DESCRIPTION-------------------------------------------=--------------- I
TABLE I - ALLOCATION OF HOME FUNDS -------------------------------------------- 3
RENTAL HOUSING REHABILITATION ---------------------------------------------------- 4
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION ----------------------- 5
TENANT BASED ASSISTANCE PROGRAM --------------------------------------------- 6
AFFIRMATIVE MARKETING --------------------------------------------------------------- 8
MINORITY AND WOMEN'S BUSINESS ENTERPRISE PROGRAM --------------- 9
PROGRAM CERTIFICATIONS --------------------------------------------------------------- 10
HOME PROGRAM DESCRIPTION
FOR THE
CITY OF SAN BERNARDINO, CALIFORNIA
In December 1993, the City of San Bernardino submitted a Comprehensive Housing
Affordability Strategy (CHAS) in accordance with the Interim Rule published by the U.S.
Department of Housing and Urban Development (HUD) and to comply with Title I of the
National Affordability Housing Act requirements for HUD program funding. The purpose of
the CHAS was to identify current and projected housing affordability needs within the
community, to assess available and potential resources, and to inventory existing institutional
capabilities to meet identified housing needs.
To plan a strategy for affordable housing, staff analyzed existing populations, current market
conditions and existing housing stock. The goal of the Development Department Housing
Division is to actively maintain, improve and develop quality neighborhoods and housing
opportunities throughout the City of San Bernardino.
The plan identified the following major priorities:
• Preservation and Rehabilitation of the "Affordable" Housing Stock, Emphasizing
Single-Family Units.
• Assist Low Income First Time Home buyers with the Purchase of "Affordable"
Permanent Housing.
• Expansion of "Affordable" Housing Opportunities for Low Income Large Families
Primarily through New Construction.
• Provide Rental Assistance to Very Low Income Households.
• Assist Homeless and Special Needs Persons with Supportive Services.
Consistent with the City's approved General Plan and CHAS, the goals and objectives of the
HOME Program are as follows:
1. To expand the supply of decent, safe, sanitary and affordable housing, primarily
rental housing;
2. To strengthen the abilities of local government to provide housing;
3. To assure Federal housing services, financing and other investments are
provided to local government in a coordinated, supportive fashion.
The City of San Bernardino proposes to utilize HOME funds totalling $1,351,000 for the
following housing activities: rehabilitation of multi-family rental units, a Community Housing
Development Organization (CHDO) activity, tenant-based assistance, and program
administration (See Table 1).
The Economic Development Agency's Development Department has been directed by the
Community Development Commission (City Council) to administer the HOME Program.
TABLE 1
CATEGORY RENTAL OWNER 100% MATCH *50% MATCH TOTAL CATEGORY +
ALLOCATION REHAB REHAB REQUIREMENT REQUIREMENT 50% MATCH
Program Admin. 135,100 135,100 -0- -0- -0- 135,100
CIID0 325,000 325,000 -0- 81,250 40,625 365,625
CIIDO Admin . 67,550 67,550 -0- -0- -0- 67,550
New Construction -0- -0- -0- -0- -0- -0-
Substantial Rehab -0- -0- -0- -0- -0- -0-
Moderate Rehab 723,350 723,350 -0- 197,500 98,750 889,650
Acquisition -0- -0- -0- -0- -0- -0-
"Tenant-Based 100,000 100,000 -0- 25,000 12,500 112,500
Rental Assistance
TOTAL 1,351,000 1,351,000 -0- 303,750 151,875 1,502,875
*Please Note - The City of San Bernardino has been designated as a "fiscal distress" community
which means that the City qualifies for a match reduction of 50 percent. For Fiscal Year 1994
HOME Program funds, the City's local match contributions are reduced by 50 percent to a total
match of $151,875.
RENTAL HOUSING REHABILITATION
As stated within the approved CHAS, the City of San Bernardino has an increased housing
affordability problem. Physical, social and market conditions have severely impacted this
community in recent years. To address these dramatic changes, the City's strategy is to take
action to offer programs to preserve the existing affordable housing stock and to add to this
inventory through rehabilitation currently uninhabitable housing structures. This effort is
directed to single-family units and multi-family units.
The rehabilitation of rental units is as important as the improvement of single-family owner
occupied units. Given the present economic downturn and limited supply of affordable
housing, a greater number of families are unable to afford a home. A rehabilitation program
for single-family and multi-family units will ensure rental housing remains available at
affordable rates for those low- to moderate income families that are unable to qualify for
homeownership opportunities.
Approximately $900,000 will be used for rehabilitation of existing structures. The HOME
Program guidelines indicate that properties may be privately or publicly owned. The City
may also identify a designated CHDO or other non-profit organization to acquire and
rehabilitate a single site, or scattered sites.
Tenant eligibility, annual income review, maximum subsidy, affordability covenants and
tenant relocation are major considerations within the HOME Program regulations. This
program will be consistent with all HOME regulatory requirements and all rehabilitated
properties will be in compliance with Section 8 Existing Housing Quality Standards, local
building codes, ordinances, as well as specified energy conservation standards.
COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO)
The HOME regulations require Participating Jurisdictions (PJ) to reserve a minimum 15% of
each fiscal year's allocation of HOME funds for investment in affordable housing activities
owned, developed or sponsored by a CHDO. This represents $202,650 of the FY 1994-95
HOME Program allocation. The City plans to utilize $325,000 for a CHDO project, well
above the requirement.
To encourage participation in the HOME Program and to determine eligibility of local non-
profit organizations to be selected as the designated CHDO, the City of San Bernardino has
utilized a number of recruitment techniques. Although, as a result of public forums, public
notices, presentations to various groups and Requests for Qualifications, the response by local
non-profit organizations has unfortunately been minimal.
The City has one designated CHDO which compliments the transitional housing program and
is currently close to beginning construction. In defining the current resources available to
support this program, it is estimated there are few, if any, organizations capable of providing
transitional housing. It is anticipated that the designated CHDO will purchase a small multi-
family residential unit to provide this housing need. The CHDO will complete any
rehabilitation requirements for the facility to meet local codes, HQS Standards and any other
improvements deemed necessary. The CHDO will then own, support and manage the facility.
As the design of the program becomes more clearly defined, the City will be able to assess
the capabilities of the CHDO so as to mutually accomplish the intent of the transitional
housing program.
TENANT-BASED ASSISTANCE PROGRAM
It is currently estimated that within the City of San Bernardino, approximately 48% of all housing
units are occupied by renters. As indicated in the CHAS, there is a significant need to increase the
availability of quality affordable housing units within the City. The San Bernardino County
Housing Authority has strongly supported the need for additional tenant-based assistance given the
current estimated waiting period of 3-5 years.
One clearly identified special needs household group, separate and distinct from the Housing
Authority's existing Section 8 waiting list, is those households on the State After Care Waiting Lists.
The current assistance program for these disabled persons provides rental assistance to very low
income persons who are certified to be physically, developmentally or mentally disabled. This
certification, given by recognized supportive service agencies, must include participation by the
disabled person in a planned and ongoing program(s) of rehabilitation, education, or other supportive
services that are directly related to the disability described.
The Housing Authority has used its 173 vouchers to partially meet the housing needs of this group.
Currently there are 234 persons on the waiting list, with an additional 3 to 4 persons added each
week. The needs of those on this list are met through attrition. These households tend to be more
stable and less transient once their housing needs have been met than single person households.
Therefore, they may wait for service substantially longer than those on the Section 8 list.
An additional identified special needs group is large homeless families. To compound the apparent
difficulty very low income residents have in locating affordable housing, families with a large
number of dependents are less likely to find adequate larger housing facilities to accommodate their
special needs. The Housing Authority has indicated there are a number of families currently on its
waiting list, but the waiting period for service puts these families in further jeopardy.
The tenant-based assistance program will provide assistance for these special needs groups from
available HOME Program funding reserves. At this time, the staff also anticipates providing
additional funding assistance to the County Housing Authority to provide self-sufficiency
counseling. This counseling could be provided to homeless families to assist them in becoming
self-supporting.
The City will provide rental assistance payments to landlords on behalf of eligible tenants to offset
monthly rents that exceed thirty percent (30%) of the gross family income. In all cases involving
assistance, the City and the County Housing Authority will comply with all HOME regulations
governing the program. The Section 8 Housing Voucher Program will be used as a model to
provide eligible participants broader flexibility to contract for decent, safe, sanitary and functional
housing within the City limits.
The Housing Authority will be responsible for inspecting units to ensure that Section 8 Housing
Quality Standards are being met, and to determine that rents being charged are reasonable and are at
market rate. Annual re-certifications will be performed to verify income of eligible tenants to
continue on the program. Tenant assistance will not exceed two years, but may be renewed, subject
to the availability of HOME funds.
AFFIRMATIVE MARKETING
It is the affirmative marketing goal of the City of San Bernardino to assure individuals who
normally might not apply for vacant rehabilitated units because of their race or ethnicity; (a) know
about the vacancies; (b) feel welcome to apply, (c) have the opportunity to rent the units, and; (d)
will not be discriminated against.
This policy will be implemented through the following affirmative marketing procedures:
1. Informing the public, potential tenants and owners of rental properties about Federal and
State Fair Housing laws and sub-recipients of the City's Affirmative Marketing policies
relating to the HOME Program.
2. Informing the general public about available vacant units;
3. Special outreach efforts to inform persons not likely to apply;
4. Record keeping of how each vacancy was made known to the people that are served;
5. Assessment to be determined by procedure number "4", with actions taken to carry out
procedures numbered "2" and "3", and corrective actions to be taken if it is found that
property owners fail to carry out the procedures required within the policy.
MINORITY AND WOMEN'S BUSINESS ENTERPRISE PROGRAM
The goal of the Minority and Women's Business Enterprise Program (under 24 CFR 92.350) of the
City of San Bernardino seeks, to promote the involvement of minority and women owned businesses
in City construction contracts, City suppliers, and other services, funded either in whole or in part
by Federal monies.
Consistent with the requirements of Executive Orders 11625 and 12432 concerning Minority
Business Enterprise, and 12138 concerning Women's Business Enterprise, the minority outreach
program attempts to make every effort to encourage the use of minority and women's business
enterprises in connection with HOME funded affordable housing activities. To the maximum extent
possible, this includes real estate firms, construction firms, appraisal firms, management firms
financial institutions, investment banking firms, construction firms, appraisal firms, management
firms, financial institutions, investment banking firms, underwriters, accountants, and providers of
legal services.
CERTIFICATIONS - HOME PROGRAM
In accordance with the Home Investment Partnerships Act and with 24 CFR 92.150 of the Home
Investment Partnership Program Rule, the City of San Bernardino certifies that:
1. Project Evaluation - before committing any funds to a project, it will evaluate the project
in accordance with the guidelines adopted for this purpose and will not invest any more
HOME funds in combination with other Federal assistance than is necessary to provide
affordable housing;
2. Tenant-Based Rental Assistance - The Use of HOME funds for tenant-based rental
assistance is an essential element of the annual approved housing strategy for expanding
the supply, affordability and availability of decent, safe, sanitary and affordable housing.
3. Legal Authority - The submission of the program description is authorized under State
and local law and possesses the legal authority to carry out the HOME Program in
accordance with the HOME regulations.
4. Acquisition and Relocation - It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, implementing regulations of 49 CFR Part 24 and the
requirements of 24 CFR 92.353;
5. Comprehensive Housing Affordability Strategy - It will use HOME funds pursuant to the
current Comprehensive Affordability Strategy (CHAS) approved by HUD and all
requirements of 24 CFR Part 92;
6. Drug-free Work place - 24 CFR Part 24, Sub-part F - it will or will continue to provide a
drug-free work place by:
a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the grantee's work place and specifying the actions that will be taken against
employees for violation of such prohibition;
b) Establishing an ongoing drug-free awareness program to inform employees about:
i) The dangers of drug abuse in the work place;
ii) The City's policy of maintaining a drug-free work place;
iii) Any available drug counseling, rehabilitation and employee assistance
programs; and
� i
CERTIFICATIONS - HOME PROGRAM
(Continued)
iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the work place;
c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph a);
d) Notifying the employee in the statement required by paragraph a) that, as a condition of
employment under the grant, the employee will:
i) Abide by the terms of the statement; and
ii) Notify the employee in writing of his or her conviction for a violation of a
criminal drug statute occurring in the work place no later than five (5)
calendar days after such conviction;
e) Notifying the Agency in writing, within ten (10) calendar days after receiving notice
under paragraph d) ii) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each affected
grant.
f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph d) ii), with respect to any employee who is so convicted;
i) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation
Act of 1973, as amended; or
Ii) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State or
local health, law enforcement or other appropriate agency;
g) Making a good faith effort to continue to maintain a drug-free work place through
implementation of paragraphs a), b), c), d), e) and f).
h) The grantee may insert in the space provided below the site(s) for the performance of
work done in connection with the specific grant:
CERTIFICATIONS - HOME PROGRAM
Place of Performance (Street address, City, County, State and Zip Code)
7. Lobbying - 24 CFR Part 87 - to the best of its knowledge and belief:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the City
of San Bernardino to any person for influencing or attempting to influence and officer or
employee of any agency, a member of Congress in connection with the awarding of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan, or
cooperative agreement;
b) If funds other than Federal appropriated funds have been paid or will be paid to any
person or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with this Federal contract, grant loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions; and
c) The City will require that the language of paragraph 6) of this certification be included in
the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants,
and contracts under grants, loans and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
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