HomeMy WebLinkAbout3524_CCv0001.pdf RESOLUTION NO. 3524
RESOLUTION OF THE CITY COUNCIL. OF TfiE CITY Or RED ANDS
CONCERNING PART'ICIPIMON IN THE SPECIAL ELECTION Cr"sI.LED BY
TJJE COUP ry BOARD OF SUPERVISORS RECTR
Py��,r1�.NnC RENTAL HOUSING FOR
ELDERLY, P3AXMICAPPED AND LOW OR NIODEttr'�.TE-INCOME PERSONS
WHEREAS, the Board of Supervisors of the County of San Bernardino
has approved a resolution calling a special election for the approval
of rental housing developments for low - and moderate-income, handl--
capped, and elderly persons; and,
WHPI AS, the City of Redlands has signed a cooperation agreement
with the County of San Bernardino for the purposes of participating and
cooperating in the federal Community Development Block Grant, of which
the County of San Bernardino is the recipient; and,
WHEREAS, the federal Community Development Block Grant regulations
require the adoption and inplementa;,:ion of a Housing Assistance elan
for the County and its cooperating cities which identified the housing
needs of the low - and moderate-income, handicapped and elderly house-
holds and which identifies the steps to be taken to speak to those
needs; and, 4
WHERE-AS, the primary source of funding to speak to the housing
needs identified in the adopted Housing Assistance Plan are available
through the California Housing Finance Agency (CHFA) and the federal
Department of Housing and Urban Development (HUD) ; and,
WHEREAS, the use of CHFA funding and assistance for new construc-
tion and substantial rehabilitation to meet the housing needs identified
require that the majority of the qualified electors of the county and
its cooperating cities vote on and approve the development, construction,
and/or financing of .rental housing developments for low - and moderate-
income, handicapped, and elderly persons, pursuant to the provisions of
Article XXXI'V of the California Constitution, and,
WHEREAS, the City.of Redlands may choose to participate in the
special election, called for this purpose by the Board of Supervisors of
the County of San Bernardino, by adopting this resolution; and,
WHEREAS, the entire cost of the election, including the cities
choosing to participate in the special election, will be paid from the
Community Development Block Grant;
BE IT RESOLVED that the City Council, of the City of Recilands does•
hereby request to participate in the special election called by the
Board of Supervisors of the County of Sart Bernardino to approve rental
housing developments for elderly, handicapped, low -- or rioderate-income
persons, and, `
BE IT FURTHM RESOLVED that a certified copy of this resolution be
submitted to the Registrar of Voters of the County of San Bernardino on
or before August 25, 1978, and that the Registrar of Voters be notified
of the request of the City of Redlands that the votes cast within that
city be tabulated separately from the unincorporated area and any other
participating cities.
PASSER AND ADOPTED by the City Council of the City of Redlands,
State- of California, by the following vote:
AYES: Council embers Elliott, Riordan; Mayor t.artinez
r+CIES: none
ABBE «'T: Counci.lnewbers Knudsen, DWI;ir]yn,-f
mayor of t� City of !�
ATTEST:
:
Ci
s
AFPRCVFD FOR fOR73:
S/Edward F. Traylor
City Attorney n --A
15
COUNTY OF SAN BERNARDINO
CF 10E OF COMMINITY DEVELOPMENT
PROPOSED REF ERENDUT4
(Housing for Low or Moderate income,
Elderly, or Handicapped Households)
BACKGROUND
As a recipient of the federal Community Development Block Grant, Can 3ernardino
County and its cooperating cities are required to develop, adopt, and
implement a Housing Assistance Plan which identifies the housing needs of
low and moderate income households and identifies specific steps that will be
taken to try to meet those housing needs.
By signing a cooperation agreement with the County, the City is committed
to take whatever steps are necessary to implement the Hcusing Assistance Plan,
1NTENT OF REFEREIMUM
Over the past ten ycars the County of San Bernardino, and the cities within
the County, have been actively trying to meet the identified housing needs
by attracting developers and assisting them in constructing and rehabilitating
housing for law and moderate income, elderly, or handicapped households.
The need for adequate housing has been documented in the Urban County Housing
Assistance Plan which has been officially adopted by the Board of Supervisors
and the City Council of each participating city. Virtually all of the programs
available to meet these recognized needs are state or federally funded.
The major programs available to construct new housing for low and moderate
income households have, until recently, been direct agreements between developers
and HUD. The only involvement of the local Jurisdictions was a local Section
213 Review, which told HUD whether the project was consistent with the adopted
Housing Assistance Plan (location of the project, number, and type of dwelling
units) . Zf the project was not consistent with that Plan, it would usually
be denied by HUD.
However, because HUD is now funneling it 's funds for new constxuction of housing
for low and moderate income households through the California Housing Finance
Agency (CHFA) , the projects are now subject to Article 34 of the State
Constitution, which requires a vote of the people if the local or state
government is going to own and/or finance A low-rent housing projects".
This is confusing and misleading because:
1. The housing projects do not have to be apartment-type housing projects;
2. The housing is not "low-rent"; rents are conventional market rents and the
buildings reflect the standard quality and design typical of any private
development. They are, however, primarily for low and mcderate income
renters, who. receive a rent subsidy;
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3. The housing is built, owned, and operated by the private market; the
requirement for the referendum exists only because the State CHFA
quarantees the low-interest loan to the private developer and should
that private developer default, ownership would revert to the State of
California.
Some of the available programs have been utilized to the fullest extent possible,
given funding constraints, in San Bernardino County and cooperating cities.
However, a large percentage of federal housing funds are not now used in this
area, because voter approval is required as a prerequisite to the use of several
of the housing programs. This voter approval is required by Asti cle 34 of the
California Constitution, and housing ballot measures have only been submitted
(and approved) in the Cities of Barstow and San Bernardino.
MACTS COF NOT HHAV:M�G REFERENDUID1
in fiscal 1978, over half of the federal housing funds available to the San
Bernardino County area could not be used by private developers or public
agencies in the County or participating cities (other than Barstow) because of
the referendum requirements. The lack of referendum authority just in 1978,
resulted in a lost to the Urban County of $51 million in federal housing
funds over the next 40 years. A similiax loss will Occur each year the area
lacks such referendum authority.
A referendum under Article 34 allows public agencies to finance, insure, or
own housing units within the jurisdiction. Equally important, it allows
private developers to use California State Housing Finance Agency financing
for housing dev8looment and it allows local agencies much greater flexibility
in assisting pri7ave developers to produce needed housing. The referendum, thereby,
makes available to San Bernardino County a substantial amount of federal and
state housing funds, it also allows thl County and it's participating cities
a variety of ways in which to improve the housing provided under the programs
already in use in the County.
The referendum is not a committment of any local funds for housing. it is
not a bond issue. It is also not a wommittment to accept any and all housing
proposals submitted in the community, nor does it waive any review or approvai
procedures normally utilized by local government. Voter approval of this
referendum would make it easier for localities to control, in conjunction with
the already approved Housing Assistance Plan, the quality and type of assisted
housing provided in the community and to insure its comp, tiability with sur-
rounding development.
No loss of tax revenue would be caused by this referendum, since privately
developed housing built under any of the programs authorized pays fuji taxes,
and publicly owned or non-profit sponsored housing may make payments in lieu
of taxes to the city, county and special districts in which itis locate&
Because the referendum makes more federal and state housing Yunds available
it would tend to boost new construction and thereby increase local tax
revenues.
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GEOGRAPHIC APEA
There are several alternatives related to the geographic description of the
area to be included in the ballot language. The Board of Supervisors has
agreed to call an election for the unincornorated area and st=nalv urges
each city participating in the Community Develo-.nent Block Grant to do the
same
,a tha�- 4J to or "opt-in" o the County election.
Haat
The Board has re<ruested County Counsel to see if the cities can "opr_-in" to
a County election with the provision that the Registrar of voters will tabul-
ate each City separately. This would allow the County to minimize the cost
of the election and still allow city residents to vote the referendum, JLn or
out for teat particular city.
County Counsel has determined that this is legal and has buiiit this provision
into the ballot language.
COST
The County Office of Community Development will bear the cost of the election
fcr the County and its participating Cities. it is an eligible Community
Development Block. GrantexpenditUlre.
The cost Can be minimized if cities "opt-in" rather than calling separate
elections, the same ballot language and analysis can be used for all Juris-
dictions.
BALLOT :ANGUAGE
7n the ballot 'language, particular effort has been made to address the problems
presented by previous federal housLng -programs where the local approval Baas not
required.
Rather than asking for approval of each prosect by referendum, which is not
feasible because of the time and cost involved, or for open-ended approval
prior to an,., projects being proposed, the ballot language conditions the
approval by the voters (should a majority vote be Li favor of the measure) by
requa-ring that the specific project be approved by the elactedgoverning body
at public hearing.
The recommended Ballot lanquaae is in the Board of Supel-Visors Resolution
attached, which is scheduled for adaption August 7, 1973 .*
4EQUI-P*_� ACTION
To participate the City Council must' adopt the attached resolution indicating
the reTuest to par t4 in- the Cun
oty'so
I-lveirdber electin.
o .
ATTACTLNENT Board of Supervisors Resolution
City Resolution
Article 34
There is still some controversy as to whether the language must reference
"low-rent housing projects" or whether "rental housing deveiopmeents for low
and moderate income, etc." will be the final lanquage.
KARL?-2-7P
ArtWe XX-":IV
a. ?'-trtial validity,
`t. Conflicting }'.rovi3ians supet'Si?t ed-
'
. pprovai of electors; (1e iniflors
Section
'i' 17L CTiS€r'1c" or ;1cq!t rr.,d in any rnanner tty ary StwC ;,'Ubiic
My y i til, ? mijocity '1€ the i!ectors or the city, town of
County% as the case may `n %vl ich it is rGtN3$Cd to --eve-lop,
, coi
'
St4uct or irn.tre the 51Ts �t2 g : )Cl Cui,`1 <:� �rr1� 1_L.i proj-
ect
-
ect icy votinq in favor fl,inroof at an ojL.ctic 21 to be 'held for that pxx-
�ose,or at an,.,, _t".':tsral or`.;.j-ci,::at ek,,I tion.
For the purposes of tl".S ar-icle the 'eum -low rent hopsingg i oj-
ct" Sl'aR tT can any f.7r'L o-! pmefit crimp d. of '';',. Lt'
. �4e E �:t.��in �r � ~i �.i e.i-
i t;1. ap Annanis or o ilC.':` loo -persom; of i0w
amne, ananced ':i whole or :.n part by tav? Federal Gove2:'-nent or
.e , which. 1 :5 f.•> •�i"• t'�1:� or a st t`y
a ,j£�t. kiGi(llt+� "��S'fy or '.O 1(i ;hia �:'r,t�CrTl� iJ'.it't_� .2 >, f t .�, t_
'1.Ib.EC l��fj avtE':IC1S rSSiSt E:':C"' .V 71'>'I�°i'7 £:' ear fan G' t.'.0 iaLoC;
-y g.:t'�„i`c'•1nt€"Anq the ;?i4i?I cnt of inns, or otkenv'ise. cr t;,,e purposes;
of this art:v'f'_ only there QW, ho e.i:e:iude-t from, 'fin (ern' e`rot': rent
roL`:SIIEry project" any Wi 7 i7 cct >.'.leri' _!ncrc snaa l f)t? in exist-once Cr:
e effective c.rt:e t.C: .> 1 f°.-rft;^^Ce. lor >;a.ati=`..ei assistance vr;.wr+.:'i
a?i{�,i State rrubiic boo andi:�� Fcdcrai G.st.V'i'I",,,'n !:t i.I rr.s evt to SUC.",
r r�„r;`+c . `
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q
E R A ? T
RESOLUTION
CITY OF
WHEREAS, the Board of Supervisors of the County of San Bernardino has
approved a resolution walling a special election for the approval of rental
housing developments for low- and moderate-income, handicapped, and elderly
households;and,
WHEREAS, the City of has signed a cooperation Agreement
with the County of Sara Bernardino for the purposes of participating and cooperating
in the federal Community Development Block Grant., of which the County of San
Bernardino is the recipient; and,
WHEREAS, the federal. Community Deveiopment Block Grant regu?ations
require the adoption and implementation :f a Housing Assistance Plan for the
County and its cooperating cities which identified the housing needs of the
low- and moderate-income, h4ndicapped, and elderly households and which identifies
the steps to be taken to speak to those: needs; and,
AREAS, he primary source or funding :.o speak to the housing needs
identified in the adopted Housing Assistance Plan are available through the
California Housing Finance Agency (CHFA) and the federal Department of Housing
and. Urban. Development (H D) ; and,
WHEREAS, the use of CHFA funding and assistance for new construction
and substantial rehabilitation to meet the housing heels identified require that
the majority of the qualified electors of the county and its cooperating cities
vote on and approve the development, construction, and/or fizaarcing of rental
housing developments for low- and moderate-income, handicapped, and elderly
households, pursuant to the provisions of Article XXXIV of the California
Constitution; and,
AREAS, the City of may choose to participate in the
special election., calked for this purpose by the Board of Supervisors of the
County of Sara Bernardino, by adopting this resolution; and,
WHEREAS, the entire Cost of the election, including the cities choosing
to participate in the special election, will be paid from the Community
Development. Block Grant;
BE IT RESOLVED that the City Council ;f the city of
does hereby notify the San Bernardino County Board of Supervisors arca the San
Bernardino County Registrar of Voters of its request to participate in the
_2_
special election called by tTe Board of Supervisors to approve rental housing
developments for low- and moderate-incame, handicapped, and elderly households;
and,
BE IT FUSTHER RESOLVED that the Registrar of voters be notified of the
request of the City of that the votes cast within that city
be tabulated separately from the unincorporated area and any other participaking
cities.
D R A F T
RESOLUTION NO.
2
3 A RESOLUTION 3F THE BOARD OF SUPERVISORS
4 OF THE COUNTY OF SRkBERNA-RDINO, STATE OF
CALIFORNIA, CALLING A SPECIAL ELECTIO11 FOR
5 LOW RENT HOUSING PROjECTS AND CONSOLIDATION
WITHSTATEIDE ELECTIGN OF NOVEMBER 7 , 1978
7 On 1978 , on motion of Supervisor
3 duly seconded by Supervisor
9 and carried, the following resolution is adopted:
10
11 BE IT RESOLVED that the Board of Supervisors of the
12 County of San Bernardino does hereby call an election pursuant to j
13 i Article 34 of the California Constitution for the purpose of
14 Submitting to the voters the question whether low rent housing
is projects shall be authorized within the .unincorp orated areas of
Z W16 the County of San Bernardino and within participating cities .
*
*W am
�zO17 BE IT FURTHER RESOLVED that said measure shall be
y 13 submitted to the voters of the unincorporated area of the County
C 19 and any participating city at a special election to be held and
0 � > OZ
, J x
Ili 20 conducted on the 7th day of November, 1978 , and that the polls I
D-� -
01Z
U 21 shall he open from the hour of 7 :00 o' clock A.M. to 3 :00 o ' clock
22 P.M. on said election day. it is further ordered that said
23 election be, and it is , hereby consolidated with the General
24 Election to be held on said day and all precincts established,
25 and all election officers appointed, for said General Election
26 shall be the precincts and election officers for said General
Election, and zaid election officers shall conduct said election
UGH DR.Xi�-F
1-78 23 and make return thereof according to law.
3 :la 29 1 BE IT FURTHER RESOLVED that the Registrar of Vbters is
30 instructed to place the measure an the ballot at said election in
31 the following form:
32
33
34
35
36
13574161
"Shall rental housing developments as defined Q
Article XXXIV of the California Constitution for
2
elderly. handicapped, and low and moderate income house-
holds be developed, constructed , financed or acquired in
4
the unincorporated area of the County of San Bernardino
and in participating cities subject to the following
7 conditions:
"Housing built or rehabilitated pursuant to this
measure shall not exceed 3% of the total dwelling units
9
00 within the unincorporated area of the County of San
Bernardino or. for participating cities , within that
city.
12
13 "A city is a participating city if its city
council adopted a resolution requesting participation
14
in this measure and submitted it to the Registrar
15
of Voters on or before August 25 , 1978. I.
ZWN i6
30�� "This measure does not extend permission for
M010 17
Z - 'M
512 Ed expenditure of county or city general fund monies
18
19 for such housing.
Z "No project shall be authorized by authority
Z 20
IM
of this measure until such specific project is ap-
21
proved at a properly noticed public hearing by the
22 Board of Supervisors or, for participating cities ,
23
24 by the city council. ''
2555 BE IT FURTHER RESOLVED that this measure shall be
26 submitted to the voters of the unincorporated area of the County
27 of San Bernardino and each participating city, and the Registrar
28 of Voters is directed to conduct the election in said area and
29 1submit separate election results for said unincorporated area and
30 for each participating city. This measure shall be effective in
31 Ithe unincorporated area of the County of San Bernardino if a
32 majority of the persons voting on the measure in said
33 unincoxperated area approve the measure . This measure will be
34 Iieffective in a participating city if a majority of the persons
35 1voting on the measure in said city approve the measure .
t : Z
36
333
1 BE IT FURTHER RESOLVED that notice be given that the
2 final date for submission to the Registrar of Voters of
3 arguments , not to exceed 300 words in length, for or against this
4 low rent housing measurs shall be September 7, 1978 , and that such
5 arguments shall be submitted to the Registrar at the office of the
6 Registrar, 646 Sierra Way, .San Bernardino, California, no later
7 than 5 :00 o ' clock nol. on said day.
8
9 PASSED AND ADOPTED by the Board of Supervisors of the
10 County of San Bernardino, California, by the following vote :
11 AYES .-
NOES :
12 ABSENT :
13
14 1 , Acting Clerk M the Board of
Supervisors of San Bernardino. County, California, hereby certify
15 the foregoing to be a full true and correct copy of the record
16 of the action taken. by said Board of Supervisors by vote of the
members present as the same appears in the Offici2 minutes of
17 said Board of Supervisors at its meeting of 1,978 .
18
0 19 Acting Clerk
20 of the Beard o Supervisors of San
Bernardino County.
21
22
23 By
24
25
26
27
28
29
30
tl
31
32
33
34
35
36
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I i BE IT FURTHER RESOLVED that notice be given that the
2 final date for submission to the Registrar of Voters of
3 arguments , not to exceed 300 words in length, for or against this
4 loan rent housing measure shall be September 7, 1978 , and that such
5 j arguments shall be submitted to the Registrar at the office of the
6 Registrar, 646 Sierra Way, San Bernardino, California, no later
7 than 5 :00 o ' clock P .M. an said day.
8
PASSED AND ADOPTED by the Board of Supervisors of the
County of San Bernardino, California, by the following vote :
11 AYES -
NOE-S :
12 ABSENT
13
Acting Clerk o'. the Board of
14 Supervisors of San Bernardino, County , California, hereby certify
15 the foregoing to be a full true and correct copy of the record
of the action taken. by said Board of Supervisors by vote of the
v iii cd 1.6
members present as the same appears in the Official Minutes of
ywz ,� i
fj,b 17 said Board of Supervisors at its meeting of 19 78 .
18
05
19 Acting Clerk
of the Board of T-pervisors of San
20
Bernardino County.
z< 21 '1
22 1
23 By
—
2 4
25 1
26
27
28
29
30
31
32
33
34 ij
35 1
36
-3-
WHEREAS, the Board of Supervisors of the County of San Bernardino has
approved a resolution calling a special election for the approval of rental
housing developments for low- and moderate-income, handicapped, and elderly
persons; and,
WHEREAS, the City of REDLANDS has signed a cooperation agreement with
the County of San Bernardino for the purposes of participating and cooperating
in the federal Community Development Block Grant, of which the County of San
Bernardino is the recipient; and,
WHEREAS, the federal Community Development Block Grant regulations
require the adoption and implementation of a Housing Assistance Plan for the
County and its cooperating cities which identified the housing needs of the low-
and moderate-income, handicapped and elderly households and which identifies the
steps to be taken to speak to those needs; and,
WHEREAS, the primary source of funding to speak to the housing needs
identified in the adopted Housing Assistance Plan are available through the
California Housing Finance Agency (CHFA) and the federal Department of Housing
and Urban Development (HUD); and,
WHEREAS, the use of CHFA funding and assistance for new construction
and substantial rehabilitation to meet the housing needs identified require that
the majority of the qualified electors of the county and its cooperating cities
vote on and approve the development, construction, and/or financing of rental
housing developments for low- and moderate-income, handicapped, and elderly
persons, pursuant to the provisions of Article XXXIV of the California Constit-
ution; and,
WHEREAS, the City of REDLANDS may choose to participate in the special
election, called for this purpose by the Board of Supervisors of the County of
San Bernardino, by adopting this resolution; and,
WHEREAS, the entire cost of the election, including the cities choosing
to participate in the special election, will be paid from the Community Develop-
ment Block Grant,
BE IT RESOLVED that the City Council of the city of REDLANDS does
hereby request to participate in the special election called by the Board of
Supervisors of the County of San Bernardino to approve rental housing develop-
ments for elderly, handicapped, low- or moderate-income persons; and,
BE IT FURTHER RESOLVED that a certified copy of this resolution be
submitted to the Registrar of Voters of the County of San Bernardino on or
before August 25, 1978, and that the Registrar of Voters be notified of the
request of the City of REDLANDS that the votes cast within that city be tab-
ulated separately from the unincorporated area and any other participating
cities.
PASSED AND ADOPTED by the City Council of the City of REDLANDS State
of California, by the following vote: