HomeMy WebLinkAboutR29-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Maggie Pacheco
Deputy Director
SUBJECT:
PROPOSED CREATION OF THE
SAN BERNARDINO CITY
HOUSING AUTHORITY
DATE:
April 29, 2003
ORIGINAL
____________________________________ _______________u_________ ______________________________________________________--- ----------------------------------- --------------------------------------------
Svnopsis of Previous Commission/Council/Committee Action(s):
On December 5, 2002, Redevelopment Committee Members Anderson, Suarez and Estrada reviewed Staffs
recommendation to create the San Bernardino City Housing Authority for the purpose of facilitating redevelopment of
residential neighborhoods and unanimously voted to recommend that the Mayor and Common Council consider this
proposal for approval.
__________________________________________________________n_______________________________________________________---------------------------- --------------------------------------------------------------
Recommended Motion(s):
(Mavor and Common Council)
MOTION:
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DECLARING THAT THERE IS A NEED TO CREATE A CITY HOUSING
AUTHORITY IN THE COMMUNITY ("SAN BERNARDINO CITY HOUSING AUTHORITY")
AND DECLARING THE MAYOR AND COMMON COUNCIL TO BE COMMISSIONERS OF THE
SAN BERNARDINO CITY HOUSING AUTHORITY
---------------------------------------- ------------------------------------------------------------ ---------------- ------------------- ----------------------------------------------------------------
Contact Person(s):
Maggie Pacheco
Phone:
(909) 663-1044
All
Project Area(s)
N/A
Ward(s):
Supporting Data Attached: Ii'! Staff Report Ii'! Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUIREMENTS Amount: $
/)
-0-
Source:
N/A
SIGNATURE:
N/A
~"'--f.,f~
t?~~
Maggie Pacheco, Deputy Director
_________________________________________________________________ ______________ _______________ ___u_______________ ________________ _________________________________________________________
Commission/Council Notes:
12-<=~.;ld Z()()?,-IO~-
_______________________________________________________________~.__________________________~._____________________________________________________ ________________d_______________________._______________.
P:\Clcrical Services Dcpt\Margarcl ParkcMgenda\CDC 2003\03-05-05 Housing Aulhorily.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: A.;1'
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
________________________________________n____________._________________________________+_________________________---------------------..--------------------------------------------.---------------+--.
Proposed Creation of the San Bernardino City Housin!!: Authoritv
BACKGROUND AND CURRENT ISSUE:
In September 2002, the Mayor embarked upon a plan to enhance and rebuild the housing conditions
in the area located between 6'h and 9'h Streets, F Street to 1215, commonly referred to Old Towne San
Bernardino (the "Pilot Area"). The Pilot Area is comprised of predominately residential land uses
many of which are in substandard and dilapidated condition, and scattered vacant, underutilized
residential lots. There are a number of parcels that are suitable for redevelopment, but not necessarily
available for sale and many parcels sit idle and unmaintained due to the lack of cooperation on the
part of the landowners. This Pilot Area is within the Redevelopment Agency's Central City North
Redevelopment Project Area ("Project Area"), and the Agency is presently working on a plan for an
amendment and program EIR to reinstate the powers of eminent domain which will be used as a tool
to encourage owners to participate or to cooperate in the redevelopment of the Pilot Area and/or
Project Area; however, because of the technical nature involving redevelopment plan amendments,
the process for reinstatement is longer and more complex.
In March 2003, the Community Development Commission authorized and approved a partnership
between the Agency and Creative Housing Solutions, a non-profit housing organization, for the
purpose of redeveloping residential lots with new single-family homes, or the possible relocation of
homes possessing historic value in connection with the San Bernardino Unified School District plan
to develop the Jones Elementary School, and to buy, rehabilitate and resell HUD units to homebuyers
within Old Towne Pilot Area. While Creative Housing Solutions has had some successes to date in
negotiating the purchase of several vacant residential lots in the Pilot Area, there are still a number of
parcels that remain desirable candidates for housing, but Creative Housing Solutions has received no
responses from current absentee owners to participate or redevelop the lots.
In February 2003, the Community Development Commission approved another agreement, this time
with ANR Industries, a for-profit housing developer, for redevelopment of the blighted residential
neighborhood bounded by Sierra Way, Allen, 2nd and Rialto Streets (Meadowbrook), situated within
the IVDA Project Area boundaries which would consist of the development of 23 new single-family
homes (I 51 Phase), together with the implementation of a neighborhood beautification approach
including but not limited to providing assistance to existing homeowners wishing to improve their
living conditions. The improvements undertaken under the beautification grant program will be
conducted in such a fashion as to complement the new development in order to create a unified
architectural theme throughout the neighborhood. The program would also include establishment of
a streetscape theme, together with the potential demolition of unsightly buildings that are present in
this area. The whole idea is to create a comprehensive approach to neighborhood preservation and to
create a housing market adjacent to the City's downtown area.
_____________+__________________________________d_.________uO_________d...________________________.____________._________________._______________________________.._______________________________d++_.
P:\C1crical Services Dept\Margarel Parker\AgendnlCDC 2003\03-05-05 Housing Authority.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: R 1'_
Economic Development Agency Staff Report
Proposed Creation of the San Bernardino City Housing Authority
Page 2
When both these projects were discussed and considered, discussions ensued pertaining to the
challenges and difficulties in redeveloping an existing residential neighborhood when absentee
landlords do not maintain the properties, or for that matter, desire to participate in the revitalization
efforts spearheaded by the Agency or City. In this context, the idea of creating a City Housing
Authority was introduced and how the Authority could be used to augment current City and Agency
redevelopment resources.
Both of the projects cited above are examples of physically and socially blighted conditions that have
occurred over time due to a variety of factors including, but not limited to, aged housing conditions,
negligence or unwillingness on the part of the absentee landlords who take little or no interest in the
maintenance and management of their investments, and homeowners who have very little disposable
income to improve their living conditions. Although these types of conditions are not unique to San
Bernardino they do, however, impose a fiscal detriment and serve as a deterrent and impediment to
the economic stability and vitality of the community. Moreover, these kinds of conditions pose a
financial burden on the City and often these neighborhoods suffer from high housing vacancy and
high crime rates. Typically, communities experience disproportionate costs in relation to other new
and maintained areas in the form of additional public services such as police, fire, building and safety
and code enforcement.
The type of conditions evidenced in the Project Area, Pilot Area and/or Meadowbrook, as well as a
number of other pockets of deteriorated neighborhoods throughout the City, cannot be turned around
without the aid of a local Agency that possesses the appropriate powers to aid property owners in the
rejuvenation and improvement of substandard housing conditions.
Accordingly, the State Legislature recognized that there was a need to establish law that gives cities
or counties the ability to create local housing authorities, which can aid in the removal of blighted
conditions, and the development and preservation of housing. Health and Safety Code Section
34200-34219, Housing Authority Law, states that the governing body of a City may make the
determination as to whether there is a need for an authority to function within its jurisdiction. In this
regard, in order to create a local Housing Authority, the governing body may adopt a Resolution
declaring that there is a need for a Housing Authority if it finds either of the following:
(a) That unsanitary or unsafe dwelling accommodations exist, and that persons of low income are
forced to reside in such accommodations and that these conditions cause an increase in and
spread of disease and crime and constitute a menace to the health, safety, morals, and welfare
of the residents of the State and impair economic values; that these conditions necessitate
excessive and disproportionate expenditures of public funds for crime prevention and
punishment, public health and safety, fire and accident protection, and other public services
and facilities;
(b) That there is a shortage of safe or sanitary dwelling accommodations In a community,
available to persons oflow and moderate income.
______________________________________n___________n__________________________.____________________________________--~--------------------------------.----------------.~-------------.------------------.
P:\Clcrical Scrvkcs Depl\Margarct Parkcr\Agcnda\CDC 2003\03-05-05 Housing Aulhorily.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/0512003
Agenda Item Number: Il. 2 ,
Economic Development Agency Staff Report
Proposed Creation ofthe San Bernardino City Housing Authority
Page 3
Moreover, recognizing that the fundamental purpose or goal of a Housing Authority is to provide
decent, safe and sanitary housing, Section 34312 gives a local Housing Authority broad powers such
as:
. Acquire, own, hold and improve real or personal property, purchase, lease, obtain option
upon, acquire by gift, grant, bequest, devise otherwise any real or personal property or any
interest in property;
. Sell, lease, transfer, assign, pledge or dispose of any real property;
. Acquire any real property by Eminent Domain;
. Provide for the construction, reconstruction, improvement and alteration or repair of housing
projects;
. Provide the security which the authority deems necessary for the protection of a project and its
inhabitants;
. Acquire, plan, undertake, construct, improve, and develop mobile homes or mobile home
parks;
. Issue revenue bonds or make loans for the purpose of financing acquisition, construction and
development of decent and safe housing or to make capital improvements in connection with
such housing units;
. An authority may also contract with the Redevelopment Agency of any City to exercise the
powers in the City pursuant to a contract with the Redevelopment Agency funded from the
Redevelopment Agency's Low and Moderate Income Housing Fund for the purpose of
increasing or improving the City's supply of affordable housing.
Although the list of the powersthe Authority is broad and comprehensive, Staff proposes primarily to
use the San Bernardino City Housing Authority as an instrument in the revitalization of residential
neighborhoods suffering from some form of degradation and in the development of new housing
opportunities particularly when property owners refuse to participate in the City's/Agency's
improvement efforts. The creation of a City Housing Authority is not intended to duplicate the San
Bernardino County Housing Authority or the Redevelopment Agency's housing effort, but to
enhance, broaden, augment and give the City greater flexibility in implementing solutions for the
elimination of blighted and unsafe housing conditions.
Accordingly, the Redevelopment Committee supported this proposal and recommended that the
Mayor and Common Council consider the proposal to create a City Housing Authority. Similar to the
Community Development Commission, the San Bernardino City Housing Authority will need to have
officers such as a Chairperson, Vice-Chairperson, Secretary, Treasurer and Executive Director, and
terms and compensation limits which would need to be considered by the San Bernardino City
Housing Authority prior to undertaking any transactions. Hence, the proposed By-laws and
Operational Procedures will be prepared and brought before the San Bernardino City Housing
Authority for consideration and approval. It is also proposed that the Redevelopment Agency Staff
provide technical and administrative and management services to the San Bernardino City Housing
Authority as authorized under the California Housing Authority Law.
-----------------------------------.-----------------------_.------------------------------------------- -----------------------------------.---------------------------------------+--------------------_...
P:\C\erical Services Dcpt\Margaret ParkcrlAgcnda\CDC 2003\03-05-05 Housing AUll1ority,doc COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Nnmber: ~ 1- ,
Economic Development Agency Staff Report
Proposed Creation of the San Bernardino City Housing Authority
Page 4
ENVIRONMENT AL IMPACT:
None.
FISCAL IMPACT:
This action does not impose a fiscal impact on the City or the Agency. However, it is proposed that
the San Bernardino City Housing Authority will utilize the administrative and technical expertise of
the Redevelopment Agency Staff. Any allocation of Agency Low and Moderate Income Housing
Funds to the San Bernardino City Housing Authority will have to be authorized by the Community
Development Commission and accepted by the San Bernardino City Housing Authority at the
appropriate time.
RECOMMENDATION:
That the Mayor and Common Council adopt the attached Resolution.
'--J>?Jr' r9 ~
Maggie Pacheco, Deputy Director
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P:\Clcrical Services Dcpt\Margarct Parkcr\Agcnda\CDC 2003\03-05.05 Housing Authority,doc
COMMISSION MEETING AGENDA
Meeting Date: 05/05/2003
Agenda Item Number: ~ 2. ,
\
RESOLUTION NO.
2
3
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DECLARING THAT THERE IS A NEED
TO CREATE A CITY HOUSING AUTHORITY IN THE COMMUNITY
("SAN BERNARDINO CITY HOUSING AUTHORITY") AND
DECLARING THE MAYOR AND COMMON COUNCIL TO BE
COMMISSIONERS OF THE SAN BERNARDINO CITY HOUSING
AUTHORITY
4
5
6
7
8
WHEREAS, the Mayor and Common Council is the governing body of the City of San
Bernardino ("City"); and
9
WHEREAS. the Mayor and Common Council desire to adopt a Resolution declaring
that there is a need for a City Housing Authority ("Authority") to function and operate within
10
11
the City and has found that either of the following conditions exist within the City: (1) that
12
unsanitary or unsafe inhabited dwelling accommodations exist in the City; and (2) that there is a
13
shortage of safe or sanitary .dwelling accommodations in such City available to persons of low
14
income at rental rates they can afford; and
15
WHEREAS, Authority means a public corporation created pursuant to Section 34200 of
16
the Health and Safety Code of the State of California (the "Housing Authorities Law"); and
17
WHEREAS, Section 3420] of the Health and Safety Code of the State of California has
18
declared that there exist in the State unsanitary or unsafe dwelling accommodations and that
19
persons of low income are forced to reside in such accommodations; that within the State there
20
is a shortage of safe or sanitary dwelling accommodations available at rents which persons of
21
low income can afford and that such persons are forced to occupy overcrowded and congested
22
dwelling accommodations; that these conditions cause an increase in and spread of disease and
23
crime and constitute a menace to the health, safety, morals, and welfare of the residents of the
24
State and impair economic values; and that these conditions necessitate excessive and
25
disproportionate expenditures of public funds for crime prevention and punishment, public
-1-
P:IClerlcal Srr\"lces Dept\MargUtl Parker\ResolutionsIlOOJIOJ-1l5-05 Housing Authodl~. !\<Ice Reio.doc
2
health and safety, fire and accident protection, and other public services and facilities; and that
these slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for
3
persons of low income be relieved through the operation of private enterprise, and that the
4
construction of housing projects for persons of low income would therefore not be competitive
5
with private enterprise; and that the clearance, replanning, and reconstruction of the areas in
6
which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary
7
dwelling accommodations are public uses and purposes for which public money maybe spent
8
and private property acquired and are governmental functions of State concern; and that it is in
9
the public interest that work on such projects be commenced as soon as possible in order to
10
relieve unemployment which now constitutes an emergency; and the necessity in the public
interest and that the provisions of the Section 34201 are declared as a matter of legislative
11
determination; and
12
WHEREAS, in order to rectify the deficient housing and neighborhood conditions as
] 3
noted above, the Mayor and Common Council desire to establish the San Bernardino City
14
Housing Authority; and
15
WHEREAS, Section 34250 of the Health and Safety Code of the State of California,
16
states that a housing authority may contract with a redevelopment agency for the necessary staff
17
services associated with or required by an authority and in such case, the governing body shall
18
be vested with all of the rights, powers, duties and privileges and immunities in an authority;
19
and
20
WHEREAS, the Mayor and Common Council desire to have the San Bernardino City
Housing Authority contract with the Redevelopment Agency of the City of San Bernardino
("Agency") to provide necessary staff services associated with the day to day activities,
21
22
23
functions and management of the San Bernardino City Housing Authority.
24
/II
25
/II
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P:\Clerlcal Sfl"\'jccs Depl\''\1arll.arel Pllrktr\Ruolulion~\200J\03-05-05 Hou~ing AultlOrily '\1CC Reio.dot
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
2 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
3 FOLLOWS:
4
Section I.
The Mayor and Common Council hereby find and determine that the
5
facts and circumstances set forth in the Recitals hereof are true and correct in all respects. The
6
Mayor and Common Council acknowledge that the Staff report as presented to the Mayor and
7
Common Council upon the adoption of this Resolution regarding reasons for the creation of the
8
San Bernardino City Housing Authority is in the best interest of the citizens of the City.
9
Section 2.
The Mayor and Common Council hereby declare that there is a need for a
10
housing authority on the basis that unsanitary or unsafe inhabited dwelling accommodations
exist in the City.
11
Section 3.
The Mayor and Common Council, the governmg body of the City,
12
hereby declare themselves to be the Commissioners of the San Bernardino City Housing
13
Authority.
14
The Mayor and Common desire to have the San Bernardino City Housing
Section 4.
15
Authority contract with the Agency for any necessary staff services associated with or required
16
by the San Bernardino City Housing Authority, and in such case, the governing body of the
Agency, shall be vested with all of the rights, powers, duties and privileges and immunities of
17
18
the San Bernardino City Housing Authority.
19
Section 5.
This Resolution shall take effect upon its adoption and execution in the
20
manner as required by the City Charter.
21
III
22
III
23
III
24
III
25
III
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P:\Clerical Stl"\'iCti Depf\.'\1argard ParkerIResolutioRi\200J\03-0S-0S HOluing Authoril)' ~cc Relio.dllC
2
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BER'IARDINO DECLARING THAT THERE IS A NEED
TO CREATE A CITY HOUSING AUTHORITY IN THE COMMUNITY
("SAN BER"IARDlNO CITY HOUSING AUTHORITY") AND
DECLARING THE MAYOR AND COMMON COUNCIL TO BE
COMMISSIONERS OF THE SAN BER"IARDINO CITY HOUSING
AUTHORITY
3
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a
meeting thereof, held on the
7
, 2003, by the following vote to wit:
day of
8
Absent
Abstain
Nays
Ayes
Council Members:
9
ESTRADA
LONGVILLE
MCGlJ','NIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
10
II
12
13
14
15
16
Rachel G. Clark, City Clerk
17
18
The foregoing resolution is hereby approved this
day of
,2003.
19
20
Judith Valles, Mayor
City of San Bernardino
21
Approved as to form and Legal Content:
By ~ 'it-..
ty Attorney
22
23
24
,5
-4-
P:\Ckriul St'rvict'$ Depll'Ia'larel Puker\Rt'5olulions\200J\OJ-05-0S HOllsln!: Authority MeC Relo.dot
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5 '5'-0 S Item # l2- Z 'l Resolution #
Vote: Ayes (- Y I"" iJ Nays.6 Abstain .0?
Change to motion to amend original documents:
'2IiO -::.),-\ OS
Absent S-
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: S '-Go,. C:.3
Date of Mayor's Signature: :5" ''1- o-~
Date ofClerklCDC Signature: ")'/)-0,\
Date Memo/Letter Sent for Signature:
See Attached:
See Attached:
ee Attached:
60 Day Renn
n 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,,/
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Watee
Notes:
Null/Void After: -
By: ~
Reso. Log Updated: ./
Seal Impressed: _/
Date Returned: -
Yes ./ No
Yes No .L-
Yes No ~
Yes No ;/
Yes No /
EDA ./'
MIS
Finance
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date:
Revised 01/12/01