CITY OF CERES COMMUNITY REDEVELOPMENT AGENCY

Transcrição

CITY OF CERES COMMUNITY REDEVELOPMENT AGENCY
 FIVE YEAR IMPLEMENTATION PLAN 2009‐10 THROUGH 2013‐14 CITY OF CERES COMMUNITY REDEVELOPMENT AGENCY Ceres Community Center
Urban Futures Incorporated 3111 North Tustin, Suite 230, Orange, CA 92865 Phone: (714) 283-9334 Fax: (714) 283-5465
Northern California Office
1470 Maria Lane, Suite 315
Walnut Creek, CA 94596
FIVE YEAR
IMPLEMENTATION PLAN
JULY 1, 2009 THROUGH JUNE 30, 2014
and
CCRL SECTION 33413(b) (4) HOUSING COMPLIANCE PLAN
CERES REDEVELOPMENT PROJECT NO. 1
Prepared for the
Ceres Community Redevelopment Agency
2720 Second Street, Ceres , CA 95307
(209) 538-5756
www.ci.ceres.ca.us
Prepared by:
Urban Futures Inc
Corporate Office
3111 North Tustin Street, Suite 230
Orange, CA 92865
(714) 283-9334 • FAX (714) 283-5465
Northern California Office
1470 Maria Lane, Suite 315
Walnut Creek, CA 94596
(925) 478-7450 • FAX (925) 658-2583
www.urbanfuturesinc.com
October 2010
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Five Year Implementation Plan
2010 through 2014 for the
Ceres Redevelopment Project No. 1
CITY COUNCIL/
COMMUNITY
REDEVELOPMENT
AGENCY BOARD
MEMBERS
Anthony Cannella, Mayor/Chairperson
Ken Lane, Vice Mayor/Vice Chairperson
Chris Vierra, Council Member/Agency Member
Guillermo Ochoa, Council Member/Agency Member
Bret Durossette, Council Member/Agency Member
CITY/COMMUNITY
REDEVELOPMENT
AGENCY STAFF
Brad Kilger, City Manager/Executive Director
Bryan Briggs, Redevelopment and Economic Development
Manager
Cindy Heidorn, City Clerk/Agency Secretary
Sheila Cumberland, Director of Finance
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Five Year Implementation Plan
2010 through 2014 for the
Ceres Redevelopment Project No. 1
TABLE OF CONTENTS
PREFACE.....................................................................................................................................1 EXECUTIVE SUMMARY ..............................................................................................................3 1.0 2.0 INTRODUCTION...............................................................................................................7 1.1 Definitions..............................................................................................................7 1.2 Overview of Redevelopment Law as it Applies to the Implementation Plan..........8 1.3 Public Participation in the Implementation Plan Process ....................................10 1.4 Project Areas Location and Boundaries ..............................................................11 REVIEW OF AGENCY ACTIVITIES ...............................................................................15 2.1 Historical Overview..............................................................................................15 2.2 Recent State Legislation Affecting Redevelopment Agencies.............................15 2.2.1 Requirements ........................................................................................................ 16 2.2.2 Discretionary Opportunities ................................................................................... 17 3.0 2.3 Summary of Historic Redevelopment Plan Objectives ........................................18 2.4 Description of How the Agency has Implemented the Goals of the
Preceding Implementation Plan ..........................................................................19 COMMUNITY DEVELOPMENT IMPLEMENTATION PLAN..........................................23 3.1 Goals and Objectives: Fiscal Years 2010 - 2014 ...............................................23 3.2 Economic and Community Development Projects and Programs.......................24 3.3 Goals and Objectives Nexus With Blight Elimination ..........................................24 3.4 Program Amendments ........................................................................................26 3.5 Projected Agency General Redevelopment Fund Income and
Expenditures .......................................................................................................27 3.5.1 State of California Proposed SERAF Take ........................................................... 27 3.5.2 Funding Sources ................................................................................................... 27 3.5.3 Summary of Projected Income and Expenditures ................................................. 28 4.0 HOUSING COMPLIANCE PLAN ...................................................................................31 4.1 Housing Production Requirements......................................................................31 i
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
4.2 Past Housing Production .....................................................................................33 4.3 Projected Housing Production .............................................................................35 4.4 Low and Moderate Income Housing Goals .........................................................36 4.5 Projected Housing Needs....................................................................................36 4.5.1 Regional Housing Needs Assessment .................................................................. 37 4.5.2 Senior Housing Need Assessment........................................................................ 37 4.6 Low- and Moderate-Income Housing Program....................................................38 4.7 Low- and Moderate-Income Housing Fund .........................................................39 4.7.1 Tax Increment “Set-Aside” Financing.................................................................... 39 4.7.2 Excess Surplus...................................................................................................... 39 4.7.3 Other Funding Programs ....................................................................................... 41 5.0 4.8 Ten Year Inclusionary Housing Requirements ....................................................43 4.9 Consistency with General Plan ...........................................................................43 PLAN ADMINISTRATION ..............................................................................................45 5.1 Plan Review ........................................................................................................45 5.2 Plan Amendment .................................................................................................45 5.3 Financial Commitments Subject to Available Funds ...........................................45 5.4 Redevelopment Plan Controls.............................................................................45 5.5 Conclusion and Recommendation.......................................................................46 LIST OF FIGURES
Figure 1
Project Area Map ............................................................................................ 13 LIST OF TABLES
Table 1
Plan Chronology and Time Limits ................................................................... 15 Table 2
Keys Goals Achievement July 1, 2004 through June 30, 2009....................... 20 Table 3
Goals’ Nexus to Blight Elimination .................................................................. 25 Table 4
General Redevelopment Fund ........................................................................ 29 Table 5
New Units Built Within the Project Area July 1, 1999 Through June 30,
2009................................................................................................................ 33 Table 6
Affordable Units Meeting Inclusionary Housing Requirements Project Area
Adoption Through June 30, 2009 ................................................................... 34 Table 7
Cumulative Inclusionary Housing Obligation and Production1 Project Area
Adoption Through June 30, 2009 ................................................................... 34 Table 8
Cumulative Inclusionary Housing Obligation and Production1 July 1, 2009
Through June 30, 2014 .................................................................................. 36 ii
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Table 9
Housing Need Apportionment by RHNA Allocation ........................................ 37 Table 10 Distribution of Low Income Senior Households (1) (2) ....................................... 38 Table 11 Low and Moderate Income Housing Fund ...................................................... 40 Table 12 Financial Resources Available for Housing Activities ..................................... 41 iii
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PREFACE
This Implementation Plan was prepared in compliance with Section 33490 et seq. of California
Community Redevelopment Law (the “CCRL”) and applies to the Ceres Redevelopment Project
No. 1. Redevelopment programs and project activities to be implemented by the Ceres
Community Redevelopment Agency over the next five years will be identified, including housing
activities targeted for individuals and families of very low-, low-, and moderate-income.
The Implementation Plan is presented in five sections, following an executive summary:
1.0
Introduction: This section includes definitions of the terms used in the
Implementation Plan, an overview of redevelopment law as it applies to the
Implementation Plan, the public participation process, and project area locations,
boundaries, and maps.
2.0
Review of Agency Activities: This section presents an historic overview of plan
adoptions and chronology, a discussion of recent CCRL legislation and the
Agency’s compliance, and a summary of historic goals, objectives, and
accomplishments.
3.0
Community Development Implementation Program: This section discusses
the Agency’s plan to eliminate blight in the project areas, presents the goals and
objectives nexus to blight elimination, and projects revenues and expenditures
for the Agency’s community development program.
4.0
Housing Compliance Plan and Implementation Program: This section
demonstrates the Agency’s compliance with inclusionary housing requirements
and presents the housing programs and projects that the Agency anticipates
implementing over the next five years by project area in correlation to projected
revenues and expenditures.
5.0
Plan Administration: This section describes the Implementation Plan process
including a general description of financial resources that will be used to fund the
housing and non-housing activities over the term of the Implementation Plan.
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Implementation Plan 2010-2014
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EXECUTIVE SUMMARY
Introduction
CCRL Section 33490 mandates that each redevelopment agency adopt a five-year
implementation plan, with the initial implementation plan for plans adopted prior to January 1,
1994, to be adopted that calendar year. The 2010-2014 Implementation Plan, prepared
pursuant to CCRL Sections 33490(a)(1) and 33413(b)(4), contains the following:
•
Agency accomplishments during the Preceding Implementation Plan term;
•
Agency goals, objectives, programs, and projects for the next five years;
•
Estimated revenue and expenditures to enable implementation of Agency programs
and projects;
•
An explanation of how the Agency’s goals and objectives, programs, and
expenditures will eliminate blight within the project areas;
•
An Affordable Housing Production Plan that outlines how the Agency will meet its
affordable housing obligations pursuant to CCRL requirements over the next five
years; and
•
An estimate of the number of units to be provided over the next five and ten years to
meet the Agency’s 15 percent inclusionary housing requirements.
Agency Accomplishments through June 30, 2009
Since adoption of the Redevelopment Plan, the Agency has, both unilaterally and through
participation in joint public/private partnerships, facilitated a number of successful projects and
programs aimed at economic revitalization, blight reduction, and affordable housing production.
Key accomplishments include:
•
Facilitated completion of a development plan, specific plan, and environmental
impact report for the pending Downtown Specific Plan.
•
Facilitated completion of a master plan for the Whitmore Museum site, architectural
design for the Museum entrance, and construction of the entry canopy.
•
Developed the Ceres Community Center.
•
Monitored Agency funding of capital improvement projects in the Project Area.
•
Acquired properties in the Project Area to prepare for development opportunities and
encourage downtown revitalization.
•
Facilitated completion of design and construction documents for Smyrna Community
Park.
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•
Completed the predevelopment phase with respect to developing a multi-use site in
Downtown that will used for community events and public parking.
•
Developed Fire Station No. 4.
•
Initiated a site assembly effort in Downtown for future development to be consistent
with the pending Downtown Specific Plan.
•
Initiated a cooperative effort with CalTrans regarding redevelopment/reuse of
portions of the Lazy Wheel Mobile Home Park and adjacent parcels.
•
Supported Code Enforcement activities including the removal of unsafe conditions
and other code violations.
•
Supported the “Take Pride in Ceres” campaign, an annual community clean-up
event to remove trash, abate weeds, and generally clean City right-of-ways, vacant
lots, alley ways, and business corridors.
•
Supported graffiti removal services to remove unsightly, dangerous, and blighting
influences.
•
Supported the Chamber of Commerce in its efforts to eliminate blight through
economic development efforts.
•
In cooperation with the Housing Authority of Stanislaus County, assisted in the
rehabilitation of 54 units in the Ceres Farm Labor Center on Central Avenue.
•
Assisted in the construction of 52 affordable units in the Whitmore Oaks senior
housing project.
•
Assisted in the construction of the 61 affordable units in the Della Tiara and
Rivercrest apartment complexes.
Agency Blight Elimination and Housing Programs for 2010-2014
The success of Agency programs and projects during the Implementation Plan term are largely
dependent on the strength of the national, state, and regional economies. Tax increment
revenue is estimated for purposes of this report at conservative growth rates. Additionally, the
State of California has passed legislation authorizing a taking of redevelopment funds to
balance the state budget. The legality of the State’s action was upheld in Sacramento Superior
Court on May 4, 2010. Although the decision is being appealed, the Agency made its
involuntary 2009-10 Supplemental Revenue Augmentation Fund (SERAF) payment of
$2,282,880 on May 10, 2010. Pending any change in the current SERAF law, the Agency will
also have to make an additional involuntary payment of $469,556 by May 10, 2011
The Agency’s 2010-2014 Community Development programs and projects include:
•
Assist potential businesses in finding an appropriate site and navigating the projects
through the City entitlement process.
•
Help existing businesses retain and expand operations.
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•
Assemble undersized parcels in the pending Downtown Specific Plan area to
facilitate private sector development.
•
Continue to partner with people and organizations that can further the City’s
economic and community development goals including residents, business owners,
the Chamber of Commerce, the Regional Tourism Roundtable, and the Alliance.
•
Monitor and focus bond proceeds on infrastructure and community facilities
improvements that help alleviate blighting conditions and facilitate economic
development.
•
Market the City regionally, nationally, and internationally.
•
Support pedestrian-friendly streetscape improvements in the pending Downtown
Specific Plan area.
•
Supplement typical curb and gutter and stormwater management in the pending
Downtown Specific Plan area with vegetated bioswales in the parkway.
•
Underground utilities in the Downtown Specific Plan area.
•
Participate in the financing of necessary storm drainage, sewer, and water system
improvements in the pending Downtown Specific Plan area.
•
Assist in the development of an anchor Cineplex entertainment use at the south end
of Fourth Street along with nearby retail, restaurant, and mixed-use uses.
The Agency’s 2010-2014 Affordable Housing Production Plan:
•
Continue the First Time Homebuyers Program.
•
Continue the Housing Rehabilitation Program.
•
Support the new construction or substantial rehabilitation of affordable housing units
with a special focus on the downtown per the Downtown Specific Plan.
Conclusions and Recommendations
To date, the Agency has successfully implemented its programs and managed its budgets.
However, the generally negative economic climate in the State of California has affected the
Agency’s revenue stream through reductions in tax increment growth rate. Additionally, the
State SERAF take has required budget modifications to accommodate the loss of funds.
In terms of inclusionary obligation for the provision of affordable housing units, the Agency is
beginning the 2010-2014 implementation plan period with a surplus of 91 units, of which 25
meet the requirements for very low-income households and 66 for low- and moderate-income
households. The Agency is anticipating participating in two new affordable housing projects in
2010-2014; therefore, the surplus is expected to increase through the end of the Implementation
Plan term.
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It is recommended that the Agency continue with its current successful approach to blight
removal and affordable housing production. Specific recommendations include:
•
Continue to actively support the development and expansion of existing
businesses and the attraction of new high quality sustainable uses that diversify
and expand the City’s economic base to increase employment opportunities for
Ceres residents.
•
Continue to support and initiate public capital improvement projects, property
rehabilitation, and private development that eliminate, ameliorate, prevent or
reverse the spread of physical blight in the Project Area.
•
Upon approval of the Downtown Specific Plan, partner with the City in
implementing the Specific Plan’s goals, policies, and recommendations.
•
Update and monitor the Agency’s affordable housing data base in compliance
with AB 987.
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1.0 INTRODUCTION
This five-year Implementation Plan (the "Implementation Plan") is one in a series of
redevelopment implementation plans mandated since 1994 by the State legislature's adoption
of Assembly Bill (AB)1290, which added Section 33490 to the California Community
Redevelopment Law (CCRL; California Health and Safety Code section 33000 et seq.). Historic
information contained in this Implementation Plan is based on a review of Agency reports and
budgets, previous implementation plans, and discussions with Agency and City of Ceres (the
"City") staff. Projections for Fiscal Year (FY) 2009-10 through 2013-14 are based upon trends
identified in the historic information, an understanding of anticipated Agency activities over the
term of the Implementation Plan, Agency budget projections, and calculations and projections
made by Urban Futures, Inc. (UFI), Agency advisors. The Implementation Plan acknowledges
the 2009 State of California budget proposal to take redevelopment funds for State purposes;
however, recognizes that a final determination may not occur until after the due date of
Implementation Plan.
1.1
DEFINITIONS
The following bold terms shall have the following meanings unless the context in which
they are used clearly requires otherwise:
“Added Territory” means the approximately 810 acres of land added to the Ceres
Redevelopment Project No. 1 by City Council Ordinance No. 2002-913 on July 8, 2002.
The Added Territory consists of approximately 680 acres located within the incorporated
Ceres city limits, and approximately 130 aces located within unincorporated Stanislaus
County. The County territory is contiguous to the western edge of the City.
"Agency" means the Ceres Community Redevelopment Agency. The Agency was
established on November 27, 1972 by City Council with the adoption of Ordinance
No. 72-400.
"Agency Board" means the Board of Directors of the Agency. The five members of the
City Council serve as the governing board of the Agency, and exercise all the rights,
powers, duties and privileges of the Agency.
“Amendment No. 1” means the amendment to Ceres Redevelopment Project No. 1 as
approved by City Council Ordinance No. 2002-913 on July 8, 2002, which added 810
acres to the Project Area. On May 4, 2002, by Ordinance No. C.S. 793, the County
granted authorization for 130 acres of County territory to be included in Amendment No.
1 and approved the amendment.
"CCRL" means the California Community Redevelopment Law, Section 33000 et seq.
of the Health and Safety Code as currently drafted or as it may be amended from time to
time.
"Ceres Redevelopment Project No. 1" means the Ceres Redevelopment Plan
adopted by City Council Ordinance No. 91-783 on July 15, 1991 and amended by City
Council Ordinance No. 2002-913 on July 3, 2002.
"Ceres Redevelopment Project Area No. 1" or “Project Area” means the area
included within the boundaries of the Ceres Redevelopment Project No.1, as amended,
or 2,517 acres.
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"City" means the City of Ceres.
“County” means the County of Stanislaus.
"ERAF" means the Education Revenue Augmentation Fund, which is the name used in
various statutes to shift property taxes away from local governments nominally to local
education agencies, but with the actual effect being a net transfer to the State with no
funding for local education agencies.
"HCD" means the Housing and Community Development Department of the State of
California. HCD monitors the Agency’s Housing Compliance Plan and LMI Housing
Fund expenditures for compliance with State redevelopment law.
"Implementation Plan" means the 2010-2014 Implementation Plan for the Ceres
Redevelopment Project No. 1 covering the time period of July 1, 2009, through June 30,
2014.
"LMI Housing Fund" means the Low- and Moderate Income Housing Fund of the
Agency established pursuant to CCRL Section 33334.3 as it presently exists and as it
may be increased or decreased by future Agency actions.
“Original Plan”, “Original Project”, or “Original Project Area” means the
redevelopment plan adopted by City Council Ordinance No. 91-783 on July 15, 1991,
and the approximately 1,707 acre project area boundaries, thereof, respectively.
"Plan" or "Redevelopment Plan" means the Original Plan as subsequently amended
by Amendment No. 1, which replace and supersedes the Original Plan prepared for the
Original Project.
"Preceding Implementation Plan" means the 2004-2009 Implementation Plan
covering the period July 1, 2004 through June 30, 2009 adopted by the Agency on
December 13, 2004 by Resolution No. 2004-16-CRA.
"SERAF" means the 2009-2010 and 2010-2011 Supplemental Educational Revenue
Augmentation Fund created under AB 26 4x (Chapter 21, Statutes of 2009) that shifts
property taxes away from local governments to the State. The State’s take of Agency
funds in 2009-10 is $2,282,880 and $469,556 in 2010-11.
"Tax Increment" means the funds allocated to the Agency from the Project Area
pursuant to CCRL Section 33670(b).
"UFI" means Urban Futures, Inc., redevelopment consultants, retained by the Agency
to assist it to complete the adoption of the Implementation Plan.
1.2
OVERVIEW OF REDEVELOPMENT LAW AS IT APPLIES TO THE
IMPLEMENTATION PLAN
CCRL Section 33490, among other things, requires an implementation plan to contain:
•
Specific goals and objectives of the agency for the project area(s) for the
next five years;
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•
Specific programs, including potential projects, and
expenditures proposed to be made during the next five years;
estimated
•
An explanation of how the goals and objectives, programs, and
expenditures will eliminate blight within the project area(s);
•
An explanation on how the Agency’s goals, objectives and expenditures
will implement its affordable housing obligations pursuant to CCRL
requirements over the next five years;
•
An explanation of how the LMI Housing Fund will be used annually over
the term of the implementation plan, along with the amounts now
available in the LMI Housing Fund, and projected deposits thereto. Also
included shall be estimates of the number of units to be assisted in each
of the five years;
•
An estimate of the number of units to be provided over the next five and
ten years to meet the Agency’s 15 percent inclusionary housing
requirements, if applicable;
•
An estimate of the number of units to be provided at the end of the Plan’s
effectiveness to meet the Agency’s inclusionary housing requirements, if
applicable;
•
The number of qualifying very low-, low-, and moderate-income units that
have been produced inside the project area or outside the project area,
and the number of additional units that will be required to meet the
inclusionary housing requirements;
•
The number of units that will be developed by the Agency, if any,
including the number of units that will be available for very low-, low-, and
moderate-income households; and
•
The Project Area Affordable Housing Production Plan required by Health
& Safety Code Section 33413(b)(4).
Under current law, agencies that administer redevelopment project areas or portions of
project areas established on or after January 1, 1976, have an obligation to ensure that
specified percentages of new or substantially rehabilitated housing are available at
affordable cost to very low-, low-, and moderate-income households. The CCRL permits
an Agency to count covenanted affordable housing units outside a project area towards
the Agency’s requirements on a two-for-one basis; that is, two affordable housing units
will count the same towards the Agency’s inclusionary housing requirements as one unit
created inside the project area. Affordable housing developed outside of a project area
can be of direct benefit to the redevelopment projects by accomplishing project
objectives regarding affordable housing thus redevelopment agencies adopt findings at
the time of plan adoption that create this nexus for future implementation.
In addition, whenever dwelling units housing persons of low- or moderate-incomes are
destroyed or removed from the affordable housing inventory as part of a redevelopment
project with direct Agency involvement, the Agency is required to replace those units
with an equal number of units within four years after the units were removed. The
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replacement dwelling units must have an equal or greater number of bedrooms as those
units destroyed or removed and all must be affordable to very low, low or moderate
income households.
Implementation Plans also address a number of financial issues as they apply to
affordable housing per Section 33334 of the CCRL. Of particular importance in regards
to the Implementation Plan:
•
Section 33334.2: establishes Agency obligation to use not less than
twenty percent of its tax increment revenue to increase, improve and
preserve the community’s supply of very low-, low-, and moderate-income
housing.
•
Section 33334.4: provides that the amount of money that can be spent
from the Agency’s twenty percent tax increment set-aside for senior
housing is limited to the same proportion that low income senior
households bear to the number of low income households in the City of
Ceres.
•
Section 33334.6: sets forth various requirements for management of the
Low and Moderate Income (LMI) Housing Fund.
The financial section of the Plan must address the amount available in the LMI Housing
Fund and the estimated amounts which will be deposited into the LMI Housing Fund
during each of the next five years as well as estimates of the expenditures of monies
from the LMI Housing Fund during each of the five years.
Historic information contained in this Implementation Plan is based on a review of
Agency reports and budgets, the Preceding Implementation Plan, and discussions with
Agency staff. Information for FY 2009-2010 is based on the Agency's budget.
Projections for FYs 2010-11, 2011-12, 2012-13 and 2013-2014 are based upon
discussions with Agency staff and UFI ‘s calculations and projections.
1.3
PUBLIC PARTICIPATION IN THE IMPLEMENTATION PLAN PROCESS
Pursuant to CCRL Section 33490, the adoption of an Implementation Plan must be
preceded by a duly noticed public hearing. Notice of the public hearing was published in
the Ceres Press with a minimum three week notice and posted in four places in the
Project Area, with publication and noticing being completed not less than ten days prior
to the public hearing.
In addition, CCRL Section 33490 (c) states that between two and three years after
adoption of an implementation plan, an Agency must conduct a public hearing to review
the redevelopment plan and implementation plan. The purpose of the mid-term review is
to assess the extent to which an Agency’s actual activities conform to the activities
described in the preceding implementation plan. Therefore, the Agency will need to
conduct a mid-term review of this Implementation Plan during 2011 or 2012.
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1.4
PROJECT AREAS LOCATION AND BOUNDARIES
The City is located in the Central Valley of the State of California, 300 miles (482
kilometers) north of Los Angeles, 100 miles east of San Francisco and 90 miles (145
kilometers) south of the State capital city of Sacramento. The estimated population of
the City, according to the California Department of Finance, was approximately 43,219
as of January 1, 2010. The City is located in Stanislaus County on State Highway 99,
approximately 20 miles east of Interstate Highway 5. The City is also near State
Highway 108 and 132, leading to and over the Sierra Nevada Mountain Range.
The location and boundaries of the Project Area are shown in Figure 1. The Project
Area consists of approximately 2,517 acres: 1,707 acres in the Original Area and 810
acres are in the Added Territory. Of the 810 acres in the Added Territory, 680 acres are
within the City boundaries and 130 acres are in unincorporated Stanislaus County.
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Figure 1 Project Area Map
CERES REDEVELOPMENT PROJECT FIGURE 1 Original Project Area & 13
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2.0 REVIEW OF AGENCY ACTIVITIES
2.1
HISTORICAL OVERVIEW
The City of Ceres established its Redevelopment Agency for the primary purpose of
eliminating blight and stimulating the City's economic base. Establishment of a
redevelopment plan authorizes the collection of tax increment funds for the purpose of
financing programs that eliminate physical blight and to establish a Low- and ModerateIncome Housing Fund that finances affordable housing production. Table 1 shows the
history of the Agency, the Plans, and certain time limits associated with the Plans.
Table 1
Plan Chronology and Time Limits
Plan
Original
Amendment No. 1
Project No. 1
Added Territory
Plan Adoption
Date of Adoption
July 15, 1991
July 8, 2002
91-783
2002-913
Number of Years Plan is Effective
41 years
31 years
Base Year of Plan
1990-91
2002-03
1,707 acres
810 acres
Ordinance Number
1
3
Project Area Size by Plan
Total Project Area Size
2,517 acres
Time Limits
For Commencement of Eminent Domain
For Establishment of Indebtedness2
For Effectiveness of Plan1
For Repayment of Indebtedness
1
expired
July 8, 2014
eliminated
July 8, 2022
July 15, 2032
July 8, 2033
July 15, 2042
July 8, 2048
Financial Limits
Maximum Lifetime Tax Increment
$500,000,000
Maximum Bonded Debt Outstanding
1
No Limit
$200,000,000
Ordinance 2009-992, in response to SB 1045, added one year to the date of plan effectiveness and
repayment of indebtedness
2
Ordinance 2009-992, in response to SB 211, eliminated the time limit for incurring debt in the Original
Project Area.
3
Of the 810 acres in the Added Territory, 680 acres are within the Ceres city limits and 130 acres are
located in unincorporated Stanislaus County.
2.2
RECENT STATE LEGISLATION AFFECTING REDEVELOPMENT
AGENCIES
Subsequent to the preparation of the preceding Redevelopment Plan, several legislative
measures affecting redevelopment plans were enacted. These new laws and the
manner in which the Agency has chosen to respond are briefly described below.
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2.2.1 Requirements
SB 53 (Kehoe) effective January 1, 2007
Senate Bill 53 requires all redevelopment agencies with a redevelopment plan
adopted prior to December 31, 2006, to adopt an ordinance setting forth the
agency’s authority to use eminent domain and its program for eminent domain
activities, even if it no longer has the authority under its redevelopment plan.
Agency Compliance: Ordinance 2007-972 adopted on April 27, 2007 met the
provisions of SB 53.
SB 1809 (Machado) effective January 1, 2007
Senate Bill 1809 requires that all new and existing redevelopment plans that
authorize the agency to acquire property by eminent domain to record a
statement with the county recorder, which contains the following:
•
•
•
•
The project area description; and
A prominent heading in boldface type noting that the property that is
the subject of the statement is located within a redevelopment project
area; and
A general description of the provisions of the redevelopment plan
that authorize the use of eminent domain by the agency; and
A general description of any limitation on the use of eminent domain
contained in the redevelopment plan and the time limit required by
CCRL Section 33333.2.
Agency Compliance: The City recorded a statement pursuant to SB 1809 on
October 31, 2008.
AB 987 (Jones) effective January 1, 2008
Assembly Bill 987 requires all redevelopment agencies to create, maintain, and
make available to the public on the internet an affordable housing database that
describes existing and substantially rehabilitated housing units that were
developed or otherwise assisted with Low and Moderate Income Housing Funds
including inclusionary and replacement housing units. The database must be
updated annually and include the following data:
1.
The address and parcel number of the property
2.
The number of units with number of bedrooms per unit
3.
The year of construction completion
4.
The date the affordability covenant or restriction was recorded
5.
The document number of the recording
6.
The expiration date of the covenant or restriction
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7.
The date and document number of any covenants or notices that
may be recorded when an ownership unit is sold
Agency Compliance: The Agency’s affordable housing data base is located on
the Agency webpage: http://www.ci.ceres.ca.us/3022-NoticeofAffordableRestrictions.pdf .
AB 1389 (Assembly Budget Committee) effective October 1, 2008
Assembly Bill 1389 requires all redevelopment agencies to submit to the county
auditor on or before October 1, 2008, the statutory pass-through payments made
by the agency pursuant to Health and Safety Code sections 33607.5 through
33607.7 between July 1, 2003 and June 30, 2008. If concurrence is not achieved
between the agency and the county auditor by February 9, 2009 on the amounts
that are owed to local educational agencies, the agency may, after a specified
procedure, be subject to severe restrictions on its activities, including a
prohibition on encumbering funds, incurring new debt, adding or expanding a
project area, or be required to reduce its monthly administrative costs.
Agency Compliance: Concurrence with Stanislaus County has been achieved.
2.2.2 Discretionary Opportunities
SB 211 (Torlakson) effective January 1, 2002
Senate Bill 211 states that redevelopment agencies may repeal the timeline for
incurring debt on redevelopment plans adopted prior to January 1, 1994, without
complying with normal amendment procedures. It also allows for the extension
of the time limits for plan expiration and for receiving tax increment revenues up
to ten (10) additional years if the agency can make the following findings:
1.
Significant blight remains;
2.
The local Housing Element is adopted;
3.
There are no major redevelopment violations; and
4.
The Agency is not in a state of “Excess Surplus” with its LMI housing
fund.
Communities that choose to adopt an ordinance authorizing the SB 211
provisions, would also be required to pay statutory pass-through payments to all
affected tax entities that currently do not have contractual fiscal agreements.
Agency Action: Ordinance No. 2009-992 adopted on April 13, 2009 replaced
Ordinance 94-836 by deleting Section 600, Paragraph 5 of the Redevelopment
Plan; thereby, eliminating the time limits for incurring debt with respect to the
Original Project Area.
SB 1045 (Committee on Budget and Fiscal Review) effective October 31,
2003
Senate Bill 1045 authorizes redevelopment agencies that made ERAF payments
in fiscal year 2003-2004 to recover the ERAF payments by amending their
redevelopment plans by ordinance to extend by one (1) year the time of
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Ceres Redevelopment Project No. 1
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effectiveness of the plan and the agency’s ability to collect tax increment.
Modifications to statutory pass-through payments are not triggered by the bill.
Agency Action: Ordinance No. 2009- 992 adopted on April 13, 2009, extended
the time limits of plan effectiveness and repayment of indebtedness with tax
increment revenue by one year with respect to the Original Project Area and the
Added Territory.
SB 1096 (Committee on Budget and Fiscal Review) effective August 5, 2004
Senate Bill 1096 required every redevelopment agency to make an ERAF
payment to the county auditor for two (2) consecutive fiscal years, 2004-2005
and 2005-2006. Recognizing that ERAF payments are a financial burden on
redevelopment agencies, SB 1096 authorizes agencies to recover the ERAF
payments by amending their redevelopment plans by ordinance to extend the
time of effectiveness of the plan by one (1) year for each year of the ERAF
payments. The extension can be made if the existing time limit has no more than
ten (10) years remaining with no other requirements, or if the existing time limit is
between ten (10) years and twenty (20) years, provided that the agency can
make the following findings:
1.
Agency is in compliance with LMI Housing Fund requirements;
2.
Agency has an adopted Implementation Plan;
3.
Agency is in compliance with applicable replacement housing production
requirements;
4.
Agency is not subject to sanctions for LMI Housing Fund excess surplus.
Agency Action: Neither the Original Plan nor the Amended Plan is eligible for
SB 1096 provisions because their plan effectiveness deadlines exceed twenty
years from the dates that the FY 2005 and 2006 ERAF payments were made.
2.3
SUMMARY OF HISTORIC REDEVELOPMENT PLAN OBJECTIVES
Redevelopment plans are long-term documents and, accordingly, include generalized
goals and objectives over the term of their effectiveness. The purpose and objectives of
the Redevelopment Plan, as amended in 2002 are:
1.
Encourage employment opportunities through environmental and economic
improvements resulting from the redevelopment activities.
2.
Provide for the rehabilitation of commercial structures and residential
dwelling units.
3.
Provide for participation in the redevelopment of property in the Project Area
by owners who agree to participate in conformity with this Redevelopment
Plan.
4.
Provide for the management of property owned or acquired by the Agency.
5.
Provide relocation assistance where Agency activities result in displacement.
6.
Provide public infrastructure improvements and community facilities, such as
installation, construction and/or reconstruction or streets, utilities, public
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buildings, facilities, structures, street lighting, landscaping, and other public
improvements which are necessary for the effective redevelopment of the
Project Area.
7.
Increase and improve the community’s supply of housing.
8.
Acquire real property.
9.
Dispose of real property acquired by the Agency in the Project Area.
10.
Encourage the redevelopment of the Project Area through the cooperation of
private enterprise and public agencies.
The 2004-2009 Implementation Plan that the Agency focus its efforts in three areas:
2.4
1.
Blight removal and housing efforts through programs such as graffiti
removal, housing rehabilitation, and contributions to the Hatch Road BID
efforts.
2.
Capital projects and public improvement.
3.
Public infrastructure, parks, and public safety improvements.
DESCRIPTION OF HOW THE AGENCY HAS IMPLEMENTED THE
GOALS OF THE PRECEDING IMPLEMENTATION PLAN
To accomplish its goals, the Agency has worked diligently with community leaders,
private sector businesses, and other governmental agencies. The economic downturn
that began in late 2006 negatively impacted the Agency’s ability to execute its economic
development program. Nonetheless, the Agency continued to actively promote its
community and economic development programs. Key achievements of the Preceding
Implementation Plan period (2005-2009) are highlighted in Table 2 along with which
goals were addressed by the Agency’s programs and projects, and how the Agency
participated.
The accomplishments are taken from both Agency funds: the Redevelopment Fund and
LMI Housing Fund. The Redevelopment Fund constitutes 80 percent of tax increment
revenue and is used to fund community and economic development activities including
community facility and infrastructure improvements. The LMI Housing Fund constitutes
20 percent of tax increment revenue and supports the Agency’s affordable housing
programs.
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Ceres Redevelopment Project No. 1
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Table 2
Keys Goals Achievement
July 1, 2004 through June 30, 2009
AGENCY PARTICIPATION KEY
FOCUS KEY
A – Funding
1 – Blight removal and housing efforts
B – Planning or professional assistance
2 – Capital projects
3 – Infrastructure improvements
Programs/Projects
Agency
Participation
Goal
Satisfaction
Supported graffiti removal services to remove unsightly, dangerous, and
blighting influences
A
1
In cooperation with the Housing Authority of the County of Stanislaus
assisted in the rehabilitation of 54 units in the Ceres Farm Labor Center
on Central Avenue
A
1, 2
Supported the “Take Pride in Ceres” campaign, an annual community
clean-up event to remove trash, abate weeds, and generally clean City
right-of-ways, vacant lots, alley ways, and business corridors.
A
1
Supported Code Enforcement activities that remove unsafe and blighting
code violations.
A
1
Facilitated implementation of a development plan, specific plan and
environmental impact report for the pending Downtown Specific Plan.
A, B
1
Developed the Ceres Community Center.
A, B
1
Facilitated completion of a master plan for the Whitmore Museum site and
a roof design for the entrance cover.
A
2
Facilitated construction of the canopy roof at the Whitmore Museum.
A
2
Supported the Tire Amnesty Program to encourage property owners to
clean up their yards by defraying the cost of recycling old tires.
A
1
A, B
1
Assisted with implementation of the Hatch Road Business Improvement
District (BID)
B
1
Facilitated completion of design and construction documents for Smyrna
Community Park.
A
2
Acquired properties in the Project Area to prepare for development
opportunities and downtown revitalization: 3004 Fifth Street, 2912 Fourth
Street, and 2761 Fourth Street.
Committed $1 million to an affordable 32-unit senior housing project.
A
1
Developed Fire Station No. 4.
A
2
Completed the pre-development phase for a multi-use facility in
Downtown that will be used for community events and public parking.
B
1
Initiated a cooperative effort with CalTrans regarding the possible
redevelopment or reuse of portions of the Lazy Wheel Mobile Home Park
and adjacent parcels.
B
1
Supported construction of the 53-unit Whitmore Oaks affordable senior
housing complex.
A
1
Committed LMI funds to PAM Companies for construction of two multiple
family apartment projects located on Della Drive: Rivercrest and Della
Tiara
A
1
Source: City and Agency documents.
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Ceres Redevelopment Project No. 1
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As shown on previous page, the Agency has focused on goals and objectives as set
forth in the 2005-2009 Implementation Plan which relates directly to programs, projects,
and activities that lessen conditions of blight and improve the overall economic and
physical condition of the Project Areas. However, while the Agency has spent
substantial numbers of dollars on blight remediation, the projects identified above have
not been able to fully ameliorate the conditions of blight described in CCRL Sections
33031(a), 33031(b), and 33030(c) and conditions of blight continue to detract from more
positive aspects of the Project Area. Available Agency resources will continue to play an
integral role in the City's ability to remedy negative physical and economic conditions still
affecting the Project Area.
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3.0 COMMUNITY DEVELOPMENT IMPLEMENTATION
PLAN
3.1
GOALS AND OBJECTIVES: FISCAL YEARS 2010 - 2014
CCRL Section 33490(a)(1)(A) states that an implementation plan shall contain an
Agency's specific goals and objectives for the project area(s). These goals and
objectives are divided into two distinct categories: programs related to the provision or
replacement of affordable housing, and all other non-housing programs that the Agency
may pursue under the adopted redevelopment plan. This chapter focuses specifically on
the Agency’s potential non-housing activities during the ensuing five-year period. The
chapter will describe specific projects and expenditures and explain how said projects
and expenditures will address conditions of blight in the Project Area. Potential housing
activities are discussed in Chapter 4.
The specific five-year community development
Implementation Plan for the Project Area:
GOAL 1:
goals
and
objectives
of
the
PRESERVE AND ENHANCE THE QUALITY OF LIFE AND FISCAL BASE
OF THE COMMUNITY BY ATTRACTING NEW BUSINESSES AND
SUPPORTING EXISTING BUSINESSES IN THE PROJECT AREA
OBJECTIVES
1.1
Proactively implement the City Council/Agency’s Economic
Development Strategy consistent with its long-term vision and
priorities, including actively recruiting new businesses to the
Project Area with a focus on retail enterprises to capture more
sales tax and desirable restaurants.
1.2
Implement a downtown development plan that establishes the
downtown as a destination point. The Downtown Specific Plan is
a primary component of the development plan.
1.3
Examine commercial corridors to identify possible locations for
new retail.
1.4
Attract entertainment venues for youth and adults.
1.5
Facilitate blight removal projects and programs that improve the
appearance of the Project Area and promote the vision of Ceres
as a livable community.
1.6
Carry out any other economic development project or program that
is consistent with the CCRL and the Redevelopment Plan.
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Ceres Redevelopment Project No. 1
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GOAL 2:
SPONSOR NEEDED COMMUNITY FACILITIES AND PUBLIC
INFRASTRUCTURE IMPROVEMENTS TO ELIMINATE BLIGHT AND
PROMOTE PUBLIC SAFETY
OBJECTIVES
3.2
2.1
Focus on needed infrastructure improvements to help alleviate
some of the Project Area’s blighting conditions including curb,
gutters, sidewalks, streets, sewer and waterline replacement,
Americans with Disabilities Act (ADA) improvements, and storm
drainage improvements.
2.2
Implement infrastructure and other capital improvement project
recommendations of the Downtown Specific Plan.
2.3
Assist in the acquisition, rehabilitation, design, or construction of
community facilities such as the Whitmore House Museum, the
Ceres Community Center, Fire Station No.1, Victorian Village, and
the police building.
2.4
Carry-out any other capital improvement or public facilities project
that is consistent with the CCRL and the Redevelopment Plan.
ECONOMIC AND COMMUNITY DEVELOPMENT PROJECTS AND
PROGRAMS
The Agency's non-housing projects and programs are designed to meet its goal of
removing blight, highly leveraging the use of Agency funds, and improving the visual
attractiveness of the Project Area. However, expectations for the successful completion
of economic development projects and programs are conservative due to the current
recessionary economic climate and financial crisis that the nation is experiencing. Tax
increment is dependent upon the taxable value of land or improvements in the Project
Area. It is anticipated that revenue flows may diminish or not increase at the previous
rate because of events not controlled by the Agency. Nonetheless, the Agency will
continue to follow its goals and objectives as funding permits.
3.3
GOALS AND OBJECTIVES NEXUS WITH BLIGHT ELIMINATION
CCRL Section 33490(a)(1)(A) requires that each implementation plan contain an
"...explanation of how the goals and objectives...will eliminate blight within the project
area...". Table 3 shows the relationship of the Agency's specific five-year objectives to
the eradication of remaining blight in the Project Area, as defined in CCRL Sections
33030 and 33031. Although the current definition of blight for consistency with state law
which has changed since the preparation of the Preceding Implementation Plan, the
physical and economic conditions addressed by the previous plan remain accurate.
Blight Conditions:
Physical: CCRL Section 33031(a)
1.
Unsafe buildings
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Implementation Plan 2010-2014
2.
Impaired property values, due in significant part, to hazardous wastes on
property where the agency may be eligible o use its authority as specified
in Article 12.5 (commencing with Section 33459.)
3.
Substandard, defective or obsolete design or construction
4.
Incompatible land uses
5.
Irregular and inadequate lots under multiple ownership
Economic: CCRL Section 33031(b)
6.
Depreciated or stagnant property values
7.
Abnormally high business vacancies, low lease rates, or high number of
abandoned buildings
8.
Serious lack of commercial facilities
9.
An excess of bars, liquor stores, or adult-oriented businesses that has
resulted in significant public health, safety, or welfare problems.
10.
Serious residential overcrowding
11.
High crime rate
Public Infrastructure: CCRL 33030(C)
12.
Inadequate public improvements
13.
Inadequate water or sewer facilities
Table 3 shows the relationship of the Agency's specific five-year work program to its
objectives and to the eradication of remaining blight, as defined in CCRL Sections 33030
and 33031for the Project Area.
Table 3
Goals’ Nexus to Blight Elimination
July 1, 2009 through June 30, 2014
Program/Project
Satisfies Objective
Number1
Addresses Blight
Condition Number2
Assist potential businesses find an appropriate site and
navigate through the City entitlement process; partner with
developers on high-quality projects.
1.1, 1.2, 1.3, 1.4
6,7,8
Help existing businesses retain and expand operations.
1.1, 1.5
6, 7
Market the City regionally, nationally, and internationally.
1.1, 1.2, 1.3, 1.4
6, 7, 8
Continue to partner with people and organizations that can
further the City’s economic and community development goals
including residents, business owners, the Chamber of
Commerce, the Regional Tourism Roundtable, and the
Alliance.
1.1, 1.2, 1.3, 1.4,
1.5
6, 7, 8
Monitor and focus bond proceeds on infrastructure and
community facilities improvements that help alleviate blighting
conditions and facilitate community revitalization
1.1, 2.1, 2.3
3, 12, 13
•
Victorian Village Project Property Acquisition
•
Community Center parking lot expansion
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Ceres Redevelopment Project No. 1
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Table 3
Goals’ Nexus to Blight Elimination
July 1, 2009 through June 30, 2014
Program/Project
Satisfies Objective
Number1
Addresses Blight
Condition Number2
Assemble undersized parcels in the Downtown Specific Plan
area to facilitate private sector development.
1.1, 1.2, 1.4
5, 6
Underground overhead utilities in the Downtown Specific Plan
area.
1.2, 1.5, 2.1
3, 6, 12
Supplement typical curb and gutter
and stormwater
management in the Downtown Specific Plan area with
vegetated bioswales in the parkway.
1.2, 2.2, 2.3
3, 12
Support pedestrian-friendly streetscape improvements in the
Downtown Specific Plan area.
1.2, 2.1, 2.2, 2.3
3, 12
Participate in the financing of necessary storm drainage,
sewer, and water system improvements in the Downtown
Specific Plan area.
1.2, 1.5
3, 12, 13
Assist in the development of an anchor Cineplex entertainment
use at the south end of Fourth Street along with nearby retail,
restaurant, and mixed-use uses.
1.1, 1.2, 1.4
6, 8
1
2
•
Whitmore House Museum master plan
•
Curb, gutter, sidewalk, and sewer repair
•
Lazy Wheels Mobile Home Park project
•
State Courthouse property acquisition
•
Rehabilitation of Fire Station No. 1
•
Rehabilitation and expansion of Police building
Refer to Section 3.1
Refer to Section 3.3
3.4
PROGRAM AMENDMENTS
The Agency has identified the projects and programs shown herein as the most probable
implementation activities for the term of this Implementation Plan. Since other public
and private projects, not foreseen today, may be deemed feasible and preferential in
eliminating blight, it may be necessary from time to time for the Agency to make changes
to programs and activities.
Whether or not listed herein, specific projects and programs may be constructed or
funded by the Agency during the period covered by this Implementation Plan, if the
Agency finds that:
1.
The goals and objectives of the Redevelopment Plan are furthered;
2.
Specific conditions of physical or economic blight within the Project Area
will be mitigated in whole or in part through implementation of the project;
and
26
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
3.
3.5
Specific conditions relative to a development project, including the financial
feasibility thereof, require that the public improvement project be
constructed at the time in question.
PROJECTED AGENCY GENERAL REDEVELOPMENT FUND INCOME
AND EXPENDITURES
Although the Agency is continuing to implement its community development and
economic development goals, the success of its programs and projects is largely
dependent on the strength of the national, state, and regional economies. Assessed
property values in the City have dropped and are expected to recover slowly. For
purposes of this report, tax increment revenue is projected at a conservative growth rate.
3.5.1 State of California Proposed SERAF Take
In 2008, the state attempted to force local redevelopment agencies to make a
unilateral Educational Revenue Augmentation Fund (ERAF) payment to the state
of California for 2008-2009 in the amount of $350 million statewide. The
California Redevelopment Association (CRA) filed a lawsuit to stop the ERAF
payments. On April 30, 2009, the courts ruled in CRA's favor, and found
unconstitutional a provision in the current state budget that would have required
redevelopment agencies statewide to transfer monies to fund state obligations.
In July 2009, the State legislature voted again to balance the State budget with
the taking of redevelopment funds. The State budget added a Supplemental
Educational Revenue Augmentation Fund (SERAF) payment of $1.7 billion
statewide in 2009-2010 and re-instated the $350 million for payment in 20102011. The taking of redevelopment funds was upheld in Sacramento Superior
Court on May 4, 2010. Although the CRA has decided to appeal the decision,
the Agency made its involuntary 2009-10 Supplemental Revenue Augmentation
Fund (SERAF) payment of $2,282,880 on May 10, 2010. Pending any change in
the current SERAF law, the Agency will also have to make an additional
involuntary payment of $469,556 by May 10, 2011.
3.5.2 Funding Sources
The Agency has identified several major sources of funds for the programs and
activities planned over the next five years. These funding sources may include,
but are not limited to:
•
Sale of tax allocation bonds supported by tax increment revenues from
the project area.
•
Tax increment revenues over and above the amounts required to cover
debt service on the tax allocation bonds.
•
Proceeds from land sales to private developers for purposes of
implementing specific redevelopment projects.
27
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
•
Community Development Block Grant (CDBG) funds, which are only to
be used to provide community facilities, services, and residential
rehabilitation programs in low-and moderate-income areas.
•
Stanislaus County programs and projects.
•
Federal and State grant and loan programs.
•
Loans and advances from the City of Ceres.
3.5.3 Summary of Projected Income and Expenditures
Table 4 summarizes the anticipated revenues and expenditures for the 20102014 Redevelopment Fund. These numbers are not to be used for bonding
purposes; they are solely intended to reflect general trends and assumptions.
The Agency is beginning the term with a large cash balance due primarily to
bond proceeds. These proceeds will be spent in the last four years of the
Implementation Plan term on the capital outlay projects referenced in the goals
and objectives and specified in Table 3. In terms of revenue, tax increment is the
primary source and is expected to increase from approximately $6.7 million
annually in 2009-10 to $7.2 million annually by 2013-2014. Interest income on
the fund’s cash balance, rental income on cellular tower leases, and vending
machine income are the other sources of recurring revenue. Additionally, the
Agency will be receiving a loan in 2009-10 from the LMI Housing Fund in the
amount of $2,282,880 to cover the SERAF payment paid by the General
Redevelopment Fund in May 2010.
In terms of expenditures, Agency fixed expenditures include the twenty percent
set-aside to the LMI Housing Fund, debt service payments, and pass-through
payments. Discretionary expenditures fund the Agency’s economic development
programs, administrative expenses, and community facility projects. Bond
proceeds fund infrastructure improvements and other project improvements.
Additionally, the Agency is budgeting funds for repayment of the SERAF loan to
the LMI Housing Fund. The funds are budgeted annually for five years with a
lump sum repayment of the entire loan amount to be made on June 30, 2015 in
accordance with State law.
The Agency has sufficient funds cover its fixed expenditures and to implement its
2010-2014 community development program as outlined in Sections 3.1 through
3.4 of this document.
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Ceres Redevelopment Project No. 1
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Table 4 Gener
Table 4
General Redevelopment Fund
Projected Revenues and Expenditures
Fund Activity
Yearly Beginning Balances
Resources
1
A. Tax Increment
2
B. Interest Income
C. Bond/Note Proceeds
D. Rental Income
E. Sales of Real Estate
F. Bond Administration Fees
G. Other Income
8
H. Transfers In
Total Revenues
Total Available
Uses
3
A. LMI Housing Fund Set-Aside
B. RDA Administration
C. Professional Services
D. Code Enforcement
E. Real Estate Purchases
F. Acquisition Expense
G. Operation of Acquired Prop.
H. Relocation Expenses
I. Site Clearance
4
J. Capital Projects
K. Rehabilitation Expense/grants
5
L. Debt Service
6
M. Pass-throughs
7
N. SERAF Payment
9
O. SERAF Repayment
Total Uses
Resources in Excess of Uses
Other Financing Sources/Uses
Prior Period Adjustments
Yearly Ending Balances
2009-10
27,403,156
Fiscal Year
2010-11
2011-12
25,933,710
22,152,807
2012-13
15,191,680
6,745,793
54,806
0
0
0
0
9,346
2,282,880
9,092,825
36,495,981
6,745,793
51,867
0
0
0
0
1,200
469,556
7,268,416
33,202,126
6,840,454
44,306
0
0
0
0
1,200
0
6,885,960
29,038,767
7,031,671
30,383
0
0
0
0
1,200
0
7,063,254
22,254,934
7,226,712
34,590,422
16,635
197,997
0
0
0
0
0
0
0
0
1,200
14,146
0
2,752,436
7,244,547
37,555,002
15,561,881 136,553,690
1,349,159
284,964
113,474
314,153
0
0
0
0
0
1,920,938
0
2,889,532
1,407,171
2,282,880
0
10,562,271
(1,469,446)
0
0
25,933,710
1,349,159
295,459
265,000
360,011
0
0
0
0
0
3,443,000
0
2,891,125
1,519,434
469,556
456,576
11,049,319
(3,780,903)
0
0
22,152,807
1,368,091
300,000
115,000
360,000
0
0
0
0
0
6,700,000
0
2,890,741
1,562,768
0
550,487
13,847,087
(6,961,127)
0
0
15,191,680
1,406,334
300,000
115,000
360,000
0
0
0
0
0
6,700,000
0
2,887,781
1,617,998
0
550,487
13,937,600
(6,874,345)
0
0
8,317,335
1,445,342
6,918,084
300,000
1,480,423
115,000
610,000
360,000
1,754,164
0
0
0
0
0
0
0
0
0
0
6,700,000
25,463,938
0
0
2,891,811
14,450,991
1,674,238
7,781,608
0
2,752,436
550,487
2,108,037
14,036,879
63,319,681
(6,792,332) (25,764,680)
0
0
0
0
1,525,002
2013-14
8,317,335
Totals
1
Based on assessed valuation and tax rate information from Stanislaus County. Assumes a 1% property tax
rate, and 0% growth in AV in FY 2010-11, 1% growth in 2011-12, and 2% growth thereafter.
2
Based on an assumed rate of .2% multiplied by the yearly beginning balance.
Per statute, amounts represent 20% of gross tax increment.
4
Assumes the balance of $25,528,646 in bond proceeds (reported as of June 30, 2009) is spent over a 3 year
period on capital projects.
3
5
Debt Service Payments made on the non-housing portion of the Agency's 2003 and 2006 Tax Allocation
Bonds.
6
Includes negotiated agreements with affected taxing entities in the Original Project Area. The Agency's added
territory is subject to statutory pass-through payments pursuant to AB1290; this additional amount is included in
the pass-through calculation.
7
Includes SERAF payments the Agency to the State of California in 2009-10 and 2010-11.
8
Loan of funds from the LMI Housing Fund to meet the Agency's 2009-2010 SERAF obligation.
9
Budgeting of funds to repay the LMI Housing Fund for its 2009-10 SERAF payment loan. The loan is to be
repaid on June 30, 2015. One-fifth of the repayment is budgeted in FYEs 2011 through 2015. Funds to be held
in trust until due date.
Redevelopment Fund
29
al
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
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Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
4.0 HOUSING COMPLIANCE PLAN
CCRL Section 33413(b)(4) requires each redevelopment agency to adopt a compliance plan as
part of the implementation plan required by CCRL Section 33490 indicating how the agency will
comply with the requirements set forth in CCRL Section 33413(b). This section of the
Implementation Plan complies with this requirement and is the Agency's Housing Compliance
Plan. It describes how the Agency intends to expend monies in the LMI Housing Fund
consistent with the provisions of CCRL Section 33334.4 as amended by Assembly Bill 637 and
made effective on January 1, 2002, and Senate Bill 701 (Torlakson) effective January 1, 2003.
These bills clarified and added housing compliance plan requirements. Since a redevelopment
agency may expend funds from its LMI Housing Fund anywhere in the community, it is not
necessary to segregate LMI Housing Fund monies generated from within each Project Area.
This Compliance Plan update takes into account all residential construction or substantial
rehabilitation that has occurred within the Project Area since adoption of the Compliance Plan,
in order to determine whether the Agency is still meeting its affordable housing production
needs. New construction and substantial rehabilitation statistics was obtained via a review of
the City’s building permits, previously prepared documents, and discussions with City staff.
The CCRL defines and limits assisted income categories as follows (the CCRL does not
separate the extremely low- and very-low income categories; the federal housing programs do
make a distinction)
Very Low Income – persons or households whose gross income does not exceed 50% of the
area’s median income;
Low Income – persons or households whose gross income is greater than 50%, but does not
exceed 80% of the area’s median income; and
Moderate Income – persons or households whose gross income is greater than 80%, but does
not exceed 120% of the area’s median income.
Affordable housing cost is defined as:
Very Low Income – Not more than 30% of 50% of the County median household income;
Low Income – Not more than 30% of 70% (or 60% for rental projects) of the County median
household income; and
Moderate Income – Not more than 35% of 110% (or 30% of 120% for rental projects) of the
County median household income.
4.1
HOUSING PRODUCTION REQUIREMENTS
One of the fundamental goals of redevelopment in California is the production,
improvement and preservation of the supply of housing affordable to very low-, low-, and
moderate-income households. This goal is accomplished, in part, through the execution
of four different, but interrelated, requirements imposed on redevelopment agencies by
the CCRL. These requirements are:
31
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
•
An agency must use at least 20 percent of its tax increment revenue to
increase, improve and preserve the supply of low- and moderate-income
housing in the community (CCRL Section 33334.2);
•
An agency must replace, in equal or greater number, very low-, low-, and
moderate-income housing units and bedrooms which are destroyed or
removed as a result of a redevelopment project (the "replacement rule,"
CCRL Section 33413(a));
•
An agency must ensure that a fixed percentage of all new or substantially
rehabilitated dwelling units are affordable to very low-, low-, and moderateincome persons and families (the "inclusionary rule," CCRL Section
33413(b)(1))
o
At least 30 percent of all new or substantially rehabilitated dwelling
units developed by the Agency must be available to persons or
families of low- or moderate-income. Of these, 50 percent must
be available to very low-income households. This requirement
would apply to housing developed directly by the Agency, but not
to housing projects developed by a private party under an
agreement with the Agency.
o
At least 15 percent of all new dwelling units developed by parties
other than the Agency or substantially rehabilitated dwelling units
developed with Agency assistance shall be available at affordable
costs to persons or families of low- or moderate-income. Of
these, 40 percent must be available at affordable costs to very
low-income households.
This requirement applies in the
aggregate, and not to each individual housing development
project. These low- and moderate-income dwelling units may be
provided outside the Project Area, but will only be counted on a
two-for-one basis.
In other words, if the Agency has an
inclusionary housing need of 10 units inside the Project Area, then
20 units outside the Project Area would satisfy the overall
requirement on a two-for-one basis.
o
Only low- and moderate-income housing units whose affordability
is guaranteed on an on-going basis over the long term may be
counted in meeting these requirements. For the purposes of this
plan, long-term affordability is defined as not less than 55 years
for rental units and 45 years for home ownership, or as otherwise
defined in CRL Section 33413(c).
This section presents an analysis of the Agency’s compliance with CCRL Sections
33490, 33413, 33334.2 or 33334.6, 33334.3, and 33334.4 regarding the Agency’s
housing production program for Preceding Implementation Plan time period. The
information provided through Fiscal Year 2008/09 is factual, based upon the annual
Agency reports to HCD of housing activity, the preceding implementation plan, the
Housing Element, and other empirical data. Subsequent data is estimated by Agency
and UFI staff.
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Ceres Redevelopment Project No. 1
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4.2
PAST HOUSING PRODUCTION
Inclusionary units are those units in which the Agency holds or manages the affordability
covenants. Affordable units located within the Project Area, but with covenants held or
managed by another party are not credited towards the Agency’s inclusionary
requirement.
As outlined above, housing production requirements are based upon replacement
housing and inclusionary housing requirements. To determine whether an Agency has
met those requirements, each category must be reviewed.
Replacement Housing
From July 1, 2004, though June 30, 2009, the Agency did not destroy or remove any
housing units from within the Project Area.
Inclusionary Housing in the Project Area: Agency Developed
From July 1, 2004 though June 30, 2009, the Agency did not develop any affordable
housing units inside of the Project Area. (The term “develop” does not include providing
financial assistance to third parties.)
Inclusionary Housing Outside the Project Area: Agency Developed
From July 1, 2004, though June 30, 2009, the Agency did not develop any affordable
housing units outside the Project Area. (The term “develop” does not include providing
financial assistance to third parties.)
Inclusionary Housing Inside the Project Area: Non-Agency Developed
The inclusionary requirement for non-Agency built units is 15 percent of new housing
construction in the Project Area. The number of new units was determined by a review
of the Preceding Implementation Plan and building permit data. According to the
Preceding Implementation Plan, from Project Area implementation through June 1999,
100 new units were built within the Project Area by non-Agency sources. For the time
period July 1999 through June 2009, building permit data was analyzed by Original Area
and Added Territory as shown in Table 5. The Added Territory was adopted on July 8,
2002; therefore, permit data is from July 1, 2002 through June 30, 2009. The Original
Territory permit data is from July 1, 1999 through June 30, 2009.
Single
1
Original Project Area
Added Territory2
234
294
Table 5
New Units Built Within the Project Area
July 1, 1999 Through June 30, 2009
Duplex
Triplex
4-Plex
10
28
0
12
24
12
6-Plex
6
18
8-Plex
56
32
TOTAL
1
Permit data from July 1, 1999 through June 30, 2009
2
Permit data from July 1, 2002 through June 30, 2009
TOTAL
330
396
726
The total number of new units built within the Project Area from Project Area adoption
on July 15, 1991, inclusive of the 2002 Added Territory, through June 30, 2009 is 826
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Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
units. The inclusionary requirement of 15 percent is 124 units, of which 50 units (40%)
are to be reserved for households of very low- income and 74 (60%) for households of
low- and moderate- income.
To document that the Agency has met its inclusionary requirement, Table 6 lists the
housing projects with covenants that meet CCRL restrictions through June 30, 2009.
Table 6
Affordable Units Meeting Inclusionary Housing Requirements
Project Area Adoption Through June 30, 2009
Project Name
Della Tiara
Rivercrest
Whitmore Oaks
Almond Terrace
Farm Labor Center
Habitat for Humanity
Category
Type of Project
Apartments
Apartments
Senior Apartments
Apartments
Duplexes (27)
Single Family
New Construction
New Construction
New Construction
Substantial Rehabilitation
Substantial Rehabilitation
Self-help New Construction
Number of Units
Very
Low TOTAL
Low
Moderate
TOTAL THROUGH JUNE 30, 2009
6
8
50
0
11
0
19
28
2
46
43
2
25
36
52
46
54
2
75
140
215
Summary of Inclusionary Obligation
Based upon data provided in the Preceding Implementation Plan, the Housing Element,
and staff documentation, the Agency ended the 2004-2009 term with an inclusionary
obligation surplus of 91 affordable units: 25 very low income units and 66 low- and
moderate-income units. Table 7 demonstrates the inclusionary housing obligation and
production that results in the cumulative surplus through June 30, 2009. This surplus
will be carried over to determine the Agency inclusionary housing obligation for the next
five and ten years as required by State redevelopment law.
Balance Forward2
Agency Developed3
Non-Agency
Developed4
Balance Forward
Table 7
Cumulative Inclusionary Housing Obligation and Production1
Project Area Adoption Through June 30, 2009
Units Made Affordable at Affordable Housing Cost
Project Area Status
VeryLow5
Low-Moderate6
Cumulative Deficit or Surplus
Dwelling
TOTAL
Actual
Actual
Units
Inclusionary Inclusionary
Number
Inclusionary
Number
Low Produced
Very Low
TOTAL
Obligation3
Obligation
of Units
Obligation
of Units
Moderate
Restricted
Restricted
100
15
6
0
9
0
-6
-9
-15
0
0
0
0
0
0
0
0
0
726
109
44
75
65
140
31
75
106
826
124
50
75
74
140
25
66
Compliance with Sections 33413(b)(1),(c),(d)(1), and 33490(a)92)(A)(ii).
2
Per Preceding Implementation Plan.
3
Inclusionary obligation is 30 percent of units produced with 50 percent allocated to Very-Low Income households.
4
Inclusionary obligation is 15 percent of units produced with 40 percent allocated to Very-Low Income households.
5
As defined by Health and Safety Code 50105
6
As defined by Health and Safety Code 50093
1
34
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Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
4.3
PROJECTED HOUSING PRODUCTION
The same analysis applies to projected housing production for the current
Implementation Plan to anticipate the Agency’s continued compliance with CCRL
Sections 33490, 33413, 33334.2 or 33334.6, 33334.3, and 33334.4. The data is
estimated based upon Staff discussions, the Housing Element, and other empirical data.
Replacement Housing
The Agency is not anticipating destroying or removing any housing units from within the
Project Area.
Inclusionary Housing in the Project Area: Agency Developed
The Agency does not anticipate directly producing affordable units inside of the Project
Area. It will contract with private developers to produce affordable units within the
Project Area.
Inclusionary Housing Outside the Project Area: Agency Developed
The Agency does not anticipate directly producing units or contracting with private
developers to produce affordable units outside of the Project Area.
Inclusionary Housing Inside the Project Area: Non-Agency Developed
Given the national uncertainty in the housing market, it is difficult to predict the number
of housing units to be built in the Project Area. For purposes of this report, and based
on the current economic status in Ceres, it is estimated that 80 new units will be built in
the Project Area from July 1, 2009 through June 30, 2014.
In terms of affordable housing production, the Agency is working on two projects that are
anticipated for completion within the 2010-2014 Implementation Plan term. One is Casa
Grande Village, a 34-unit substantial rehabilitation project. The second is Victorian
Village, a 43-unit new construction project. Assuming a 40/60 percent affordability
allocation, it is projected that 31 very low- income units and 46 low- and moderate
income units will be added to the Agency’s inclusionary housing balance. Additionally,
the Downtown Specific Plan calls for the introduction of mixed-use (retail/residential)
development to create a vibrant and sustainable community and open up opportunities
for cost sharing for both public and private sector investors.
The unit count and affordable housing construction estimates will be reviewed at the
Midterm Update and revised as warranted.
Summary of Inclusionary Obligation
The Agency will begin the current Implementation Plan period with an inclusionary
obligation surplus of 91 affordable units, of which 25 are very low-income units and 66
are low- and moderate-income units. During the 2010-2014 Implementation Plan term,
an additional 80 non-Agency units are expected to be constructed in the Project Area.
This would add an inclusionary obligation of 12 units, of which 5 must be restricted for
very low-income households and 7 for low- and moderate- income households.
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Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
Table 8 shows the projected inclusionary obligation and production for the Agency over
the next five years. With an estimate of 77 new affordable units, the Agency is projected
to end the 2010-2014 Implementation Plan period with a surplus of 156 affordable units,
of which 51 would be very low-income units and 39 would be low- and moderate-income
units.
Table 8
Cumulative Inclusionary Housing Obligation and Production1
July 1, 2009 Through June 30, 2014
Units Made Affordable at Affordable Housing Cost
Project Area Status
VeryLow5
Low-Moderate6
Cumulative Deficit or Surplus
Dwelling
TOTAL
Actual
Actual
Units
Inclusionary Inclusionary
Number
Inclusionary
Number
Low Produced
Very Low
TOTAL
Obligation3
Obligation
of Units
Obligation
of Units
Moderate
Restricted
Restricted
Balance Forward2
Agency Developed3
Non-Agency
Developed4
Balance Forward
826
0
124
0
50
0
75
0
74
0
140
0
25
0
66
0
91
80
12
5
31
7
46
26
39
65
906
136
55
106
81
186
51
105
Compliance with Sections 33413(b)(1),(c),(d)(1), and 33490(a)92)(A)(ii).
2
Refer to Table 9.
3
Inclusionary obligation is 30 percent of units produced with 50 percent allocated to Very-Low Income households.
4
Inclusionary obligation is 15 percent of units produced with 40 percent allocated to Very-Low Income households.
5
As defined by Health and Safety Code 50105
6
As defined by Health and Safety Code 50093
0
156
1
4.4
LOW AND MODERATE INCOME HOUSING GOALS
The Agency has one affordable housing goal with seven objectives:
GOAL 3:
INCREASE, IMPROVE AND PRESERVE THE QUALITY OF
LOW/MODERATE INCOME HOUSING THROUGHOUT THE PROJECT
AREAS AND THE CITY
OBJECTIVES
4.5
3.1
Continue the First Time Homebuyers Program.
3.2
Continue the Housing Rehabilitation Program.
3.3
Support the new construction or substantial rehabilitation of
affordable housing units with a special focus on the downtown per
the Downtown Specific Plan.
3.4
Carry-out any other affordable housing oriented project or program
consistent with the CCRL and the Redevelopment Plan.
PROJECTED HOUSING NEEDS
CCRL Section 33334.4(a) requires that an agency expend its LMI Housing Fund monies
in assisting housing for persons of very low- , low-, and moderate-income in at least the
36
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
same proportion as the total number of housing units needed for each of these income
groups bears to the total number of units needed for very low-, low-, and moderateincome households within the community, as those needs have been determined by the
most recent Regional Housing Needs Assessment (RHNA). This requirement must be
met over the same 10-year implementation plan period as the requirements of CCRL
Section 33413(b).
CCRL Section 33334.4(b), requires an Agency to expend LMI Housing Fund monies in
at least the same proportion as senior low-income households bear to the total lowincome households in the community, as determined in the most recent U.S. Census.
4.5.1 Regional Housing Needs Assessment
Table 9 identifies the City’s estimated housing need by income limits for very low,
low-, and moderate-income households within the community by percentage of
total housing units as determined by the RHNA. Per CCRL Section 33334.4(a),
these percentages are to be applied to Agency LMI Housing Fund spending. The
Stanislaus Council of Governments (StanCOG) Regional Housing Needs
Assessment (RHNA) for 2007-2014 states that the fair share allocation of
affordable units for period ending June 30, 2014 is 1,072 units.
Based on the RHNA allocation, at least 39.5 percent of all LMI Housing Fund
expenditures must be made towards assisting very low-income households and a
maximum of 60.5 percent may be used to assist low- and moderate-income
households.
Table 9
Housing Need Apportionment by RHNA Allocation
Income Distribution
Fair Share Allocation
424
297
351
1,072
747
1,819
Very Low Income
Low Income
Moderate Income
Subtotal: Affordable Units
Above Moderate
TOTAL
Percentage of Units
39.5
27.8
32.7
100.0
4.5.2 Senior Housing Need Assessment
CCRL Section 33334.4(b) limits the amount of money an agency can utilize from
its LMI Housing Fund per the term of the Implementation Plan to assist senior,
affordable housing. An agency must spend LMI Funds in the same proportion as
senior low-income households bear to the total low-income households in the
community, as determined in the most recent U.S. Census1. Prior to 2005, the
agency limitation was based on the proportion that the senior population
represented in the entire community. In 2005, SB 527 shifted the emphasis to
low income households due to the fact that in many communities, the senior
1
It should be noted that the Census data considers age 62 and over to be “senior” whereas the CCRL utilizes age 65
and over. Also, the income levels in the Census are based on “Median Family Income” rather than the “Area Median
Income” specified in the CCRL. These discrepancies are not addressed in 33334.4 and no case law currently exists
to provide clarity. The approach used to compute the ratio of senior households reflects best industry practices.
37
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
population has a greater proportion of low-income earners and, therefore, a
greater need for housing assistance than the general population. For example,
seniors could represent only ten percent of the overall population of a community,
but constitute 25 percent of the low-income population of the community. In such
a circumstance, SB 527 allows an agency to provide assistance to a greater
proportion of senior housing than the previous law allowed.
In order to compute the ratio of low income senior households, 2000 Census data
is used. Table 10 summarizes the calculation for Cere’s LMI Housing Fund.
Table 10
Distribution of Low Income Senior Households (1) (2)
Total Number of Low-Income Households
4,100
Number of Low-Income Senior Households
991
Ratio of Senior Households to Total
24.2%
1
Source: U.S. Census Bureau - 2000 Census, Comprehensive Housing Affordability Strategy (CHAS) data
2
Includes both renters and owners
According to the 2000 Census, 24.2 percent of the City’s low income households
(991) were occupied by low-income seniors. Therefore, in carrying out the
requirements of CCRL Section 33334.4(a), no more than 24.2 percent of LMI
Housing Fund expenditures may be allocated towards exclusively assisting
senior restricted housing in the 2010-2014 Implementation Plan term.
4.6
LOW- AND MODERATE-INCOME HOUSING PROGRAM
To address the housing needs noted above, the Agency intends to implement an
ambitious housing program. As noted previously, the national financial crisis has
significantly impacted both the private and the public sector’s ability to construct decent
and affordable housing. Nonetheless, the Agency intends to pursue implementation of
the several programs and projects during the term of this Implementation Plan, subject
to funding availability. Affordable housing programs/projects that the Agency plans to
continue or initiate:
First Time Homebuyer Program
The First Time Homebuyer Program offers down payment assistance to qualifying lower
income households who have not owned a home in the past three years. This program
is co-funded by the HOME Program. The program anticipates providing 15 loans
annually.
Housing Rehabilitation Program
This program offers grants and loans to low- and moderate- income homeowners for
home improvements. The program targets elimination of health and safety code
violations.
38
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
Affordable Housing Production
The Agency is seeking opportunities to construct or rehabilitate housing for households
of very low- and low- and moderate – income. It has allocated funds in the 2010-11
budget to assist with a real estate purchase and in 2010 through 2014 for capital
improvement projects that will lead to affordable housing production.
4.7
LOW- AND MODERATE-INCOME HOUSING FUND
Funding for the Agency’s housing program comes from several sources including state
CalHFA funds and tax increment financing. The purpose of the Implementation Plan is
document compliance with state redevelopment law; therefore, this report only analyzes
tax increment financing and its relationship to housing plan compliance.
4.7.1 Tax Increment “Set-Aside” Financing
As required by redevelopment law, the Agency will set aside twenty percent of its
gross tax increment toward increasing, improving, and preserving affordable
housing in the City. Table 11 summarizes the anticipated revenues and
expenditures in the LMI Housing Fund. The numbers should not be used for
bonding purposes; they are solely intended to reflect general trends and
assumptions
The set-aside tax increment revenue allocation ranges from $1.3 million annually
in 2009-10 to $1.4 million in 2013-2014. The only other source of revenue is
interest income on the fund’s cash balance, although over $4 million in bond
proceeds are still available for capital projects. Planned expenditures include
debt service, administration, and the housing projects and programs described in
Section 4.6. The Agency has allocated over $1 million dollars annually for
housing production projects. Additionally, the LMI Housing Fund is lending
$2,282,880 to the General Redevelopment Fund to pay the May 2010 SERAF
payment to the State of California. The General Fund will repay the loan in its
entirety on June 30, 2015; therefore, the repayment is not shown in Table 11.
The LMI Housing Fund is sufficiently healthy. The Agency has the resources to
successful implement its goals and objectives.
4.7.2 Excess Surplus
Excess Surplus is defined and calculated based on provisions in Health & Safety
Code Section 33334.12. Excess Surplus is determined on the first day of each
fiscal year. The calculation requires comparing the sum of property tax
increment deposited over the previous four fiscal years against the agency’s
adjusted beginning balance (prior year’s ending adjusted unencumbered
balance) to determine which amount is greater. Agencies are allowed to adjust
their unencumbered balance to exclude the amount of unspent proceeds from
the sale of bonds and the difference between the price of land sold during the
reporting period compared to the land’s fair market value. By statutory definition,
Excess Surplus exists when the adjusted unencumbered balance exceeds the
39
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
greater of: (1) $1 million or (2) the combined amount of property tax increment
revenue deposited over the preceding four fiscal years.
The Agency does not anticipate reaching excess surplus by the end of the
Implementation Plan term.
Table 11
Low and Moderate Income Housing Fund
Projected Income and Expenditures
Fund Activity
Yearly Beginning Balances
Resources
1
A. Tax Increment
2
B. Interest Income
C. Bond/Note Proceeds
D. Rental Income
E. Sales of Real Estate
F. Federal Grants
6
G. SERAF Repayment
Total Revenues
Total Available
Uses
B. RDA Administration
E. Real Estate Purchases
F. Acquisition Expense
G. Operation of Acquired Prop.
H. Site Clearance
I. Professional Services
J. Construction/Renovation/Covenants
K. Disposal/Loss on Land Sales
L. SFR Rehab/FTHB
M. Debt Service
5
N. Transfers
Total Uses
Resources in Excess of Uses
Other Financing Sources/Uses
Prior Period Adjustments
Yearly Ending Balances
Excess Surplus Analysis
5
A. Maximum Allowable Fund Balance
B. Yearly Adjusted Beginning Fund Balance
C. Less: Bond Proceeds Held by Fiscal Agent
D. Adjusted Ending Balance
E. Excess surplus
1
2
3
2009-10
7,694,646
2010-11
6,261,768
Fiscal Year
2011-12
2012-13
6,615,813
6,034,642
2013-14
5,492,423
Totals
7,694,646
1,349,159
15,389
0
0
0
0
0
1,364,548
9,059,194
1,349,159
12,524
0
0
0
0
0
1,361,682
7,623,450
1,368,091
13,232
0
0
0
0
0
1,381,322
7,997,135
1,406,334
12,069
0
0
0
0
0
1,418,403
7,453,045
1,445,342
10,985
0
0
0
0
0
1,456,327
6,948,750
6,918,084
64,199
0
0
0
0
0
6,982,283
14,676,929
77,718
0
0
0
0
24,650
0
0
126,940
285,238
2,282,880
2,797,426
(1,432,878)
109,023
0
0
0
0
40,000
0
0
100,000
289,058
469,556
1,007,637
354,045
110,000
0
0
0
0
40,000
1,425,000
0
100,000
287,493
0
1,962,493
(581,171)
110,000
0
0
0
0
40,000
1,425,000
0
100,000
285,622
0
1,960,622
(542,219)
110,000
0
0
0
0
40,000
1,425,000
0
100,000
289,483
0
1,964,483
(508,156)
6,261,768
6,615,813
6,034,642
5,492,423
4,984,268
439,023
0
0
0
0
184,650
4,275,000
0
400,000
1,436,895
2,752,436
9,488,004
(2,505,720)
0
0
5,188,926
4,922,383
7,694,646
4,275,517
3,419,129
0
5,366,612
6,261,768
4,275,517
1,986,251
0
5,532,621
6,615,813
4,275,517
2,340,296
0
5,486,534
6,034,642
2,850,517
3,184,125
0
5,472,742
5,492,423
1,425,517
4,066,906
0
Constitutes 20% of Gross Tax Increment Generated by the Original and Added Area.
Assumes .2% in annual interest earnings on the Yearly Beginning Fund Balance.
Assumes the Agency spends an estimated $4,275,000 in bond proceeds on capital projects over a 4 year period.
4
The cash balance in the housing fund after accounting for bond proceeds cannot exceed the sum of the prior four years of 20%
Housing Set-Aside Amounts.
5
Loan to the General Redevelopment Fund to cover the 2009-2010 SERAF payment. Repayment to be made on June 30, 2015.
6
SERAF repayment to occur on due date.
Table 11 Low and Moderate Income Housing Fund
40
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
4.7.3 Other Funding Programs
Table 12 outlines other funding that may be available to the City and the Agency
to further implement its Housing Production Plan.
Table 12
Financial Resources Available for Housing Activities
Program Type
1. Federal
Programs
2.
State
Programs
Program Name
Description
Eligible Activities
Community
Development Block
Grant (CDBG)
Annual grants awarded to
the City on a formula basis
for housing & community
development activities.
Administered by HUD.
•
•
•
•
•
Acquisition
Rehabilitation
Homebuyer assistance
Homeless assistance
Public services
Home Investment
Partnership Act
(HOME)
Formula grants to States
and localities that
communities use-often in
partnership with local
nonprofit groups-to fund a
wide range of activities to
low-income people.
•
•
•
•
New construction
Acquisition
Rehabilitation
Tenant-based rental
assistance
Section 8 Rental
Assistance Program
Rental assistance payments
to owners of private market
rate units on behalf of very
low-income tenants.
Administered by HUD.
•
Rental assistance
Section 202
Grants to non-profit
developers of supportive
housing for the elderly.
Administered by HUD.
•
•
•
•
•
Acquisition
Rehabilitation
New construction
Rental assistance
Support services
California Housing
Finance Agency
(CHFA) Home
Mortgage Purchase
Program
CHFA sells tax exempt
bonds for below market rate
loans to first-time
homebuyers. Program
operates through
participating lenders who
originate loans for CHFA
purchase.
•
Homebuyer Assistance
California Housing
Finance Agency
(CHFA) Multiple Rental
Housing Programs
Below market rate financing
offered to builders &
developers of multi-family
and elderly rental housing.
Tax exempt bonds provide
below-market mortgage
money.
•
•
•
New Construction
Rehabilitation
Acquisition
Low-Income Housing
Tax Credit (LIHTC)
Tax credits available to
individuals & corporations
that invest in low-income
rental housing. Tax credits
sold to people with high tax
liability, & proceeds are
used to create housing.
•
•
•
New Construction
Rehabilitation
Acquisition of properties from
20 to 150 units
41
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
Table 12
Financial Resources Available for Housing Activities
Program Type
3.Local/County
Program
4.
Private
Resources/
Financing
Programs
Program Name
Multi-Family Housing
Program (MHP)
Description
Deferred payment loans for
new construction,
rehabilitation & preservation
of rental housing.
Administered by HCD.
•
•
•
Eligible Activities
New Construction
Rehabilitation
Preservation
Redevelopment
Housing Set-Aside
Funds
20 percent of Agency tax
increment funds are setaside for affordable housing
activities.
•
•
•
New Construction
Rehabilitation
Acquisition
Mortgage Credit
Certificate (MCC)
Program
Income tax credits available
to first-time home buyers for
the purchase of new or
existing single-family
housing. Eligible
participating city’s or
unincorporated areas.
•
Homebuyer Assistance
Mortgage Assistance
Program (MAP)
Deferred payment down
payment assistance loan.
Subject to availability by
county for participating
cities and unincorporated
areas of a county.
•
Homebuyer Assistance
Federal National
Mortgage Association
(Fannie Mae)
Loan applicants apply to
participating lenders for the
following programs: fixed
rate mortgages issued by
private mortgage insurers;
And related foreclosure
prevention programs in
underserved low-income &
minority communities.
•
•
•
•
Homebuyer assistance
Refinancing
Loan Modification
Foreclosure Prevention
California Community
Reinvestment
Corporation (CCRC)
Non-profit mortgage
banking consortium
designed to provide taxexempt private placement
bond program financing for
affordable multi-family &
senior rental housing.
•
•
•
•
New Construction
Rehabilitation
Acquisition
Permanent Financing
Federal Home Loan
Bank Affordable
Housing Program
Provides grants and
subsidized loans to support
affordable rental housing
and homeownership
opportunities. Grants are
awarded on a competitive
basis.
•
New Construction
Low-Income Housing
Fund (LIHF)
Non-profit lender offering
below market interest, short
term loans for affordable
housing in both urban &
rural areas. Eligible
applicants include nonprofits & government
agencies. Grant
•
•
•
•
•
•
•
•
Redevelopment costs
Site acquisition
Construction
Rehabilitation
Planning grants
Energy Efficiency Grants
Child Care Centers
Quality Improvement Grants
42
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
Table 12
Financial Resources Available for Housing Activities
Program Type
Program Name
Private Lenders
4.8
Description
opportunities are also
available.
The Community
Reinvestment Act (CRA)
requires certain regulated
financial institutions to
achieve goals for lending in
low- & moderate-income
neighborhoods. As a result,
most of the larger private
lenders offer one or more
affordable housing
programs, including firsttime homebuyer, housing
rehabilitation, or new
construction assistance.
•
•
•
•
Eligible Activities
Expansion Grants
Renovation & Repair Grants
Technical Assistance Grants
Varies, depending on
individual program offered by
bank
TEN YEAR INCLUSIONARY HOUSING REQUIREMENTS
CCRL Section 33490(a) (2) (b) requires that the implementation plan provide certain
"Ten-Year" and "Life-of-the-Plan" housing production and inclusionary information. The
Agency currently has a surplus of 91 affordable units. It is estimated that by June 30,
2014, the surplus will increase to 141 units. The Agency has exceeded its inclusionary
housing obligation to date. New affordable housing projects are planned for the next five
years with an expectation of more housing opportunities subsequent to 2014. The
Agency has met its Ten-Year housing production requirement and is on schedule for
meeting its Life-of-the-Plan inclusionary requirements.
4.9
CONSISTENCY WITH GENERAL PLAN
CCRL Section 33413(b) (4) requires that each agency, ". . .as part of the implementation
plan required by Section 33490, shall adopt a [Housing Production] plan. "Section
33413 (b)(4) requires that "[t]he plan shall be consistent with. . .the community's housing
element." Additionally, "[t]he plan shall be reviewed and, if necessary, [be] amended at
least every five years in conjunction with either the housing element cycle or the plan
implementation cycle."
Chapter 9 of the State's General Plan Guidelines of 2003 (the "Guidelines") states the
California Attorney General has opined that "the term 'consistent with' is used
interchangeably with 'conformity with.'" The general rule of consistency outlined in the
Guidelines is that "[a]n action, program, or project is consistent with the general plan if,
considering all its aspects, it will further the objectives and policies of the general plan
and not obstruct their attainment."
The following Goals are contained within the City's adopted 1997 General Plan. A draft
updated Housing Element is currently being processed and will be approved prior to the
Midterm Update. Therefore, any modifications to the Agency’s affordable housing
43
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
policies as a result of changes to the City’s Housing Element will be incorporated into the
Implementation Plan during the Mid-term Update.
Goal A:
To designate sufficient land at appropriate densities and establish
development permit procedures to accommodate the City’s regional
share of housing for all income groups
Goal B:
To address special housing needs as defined by State law and local
needs.
Goal C:
To meet a reasonable share of the City’s low- and moderate- income
housing needs.
Goal D:
To preserve the existing housing stock and conserve existing
affordable housing opportunities.
Goal E:
To assure that all present and future residents have equal access to
housing, commensurate with their financial capacity, without
discrimination.
In compliance with CCRL Section 33490, the Agency has developed, and included in
Section 4 of this Implementation Plan, a goal statement and related objectives specific to
the development and implementation of Agency sponsored affordable housing programs
in the City. These goals are consistent with the goals contained in the City’s 1997
General Plan and the projects and programs that it intends to implement to meet its
housing goals and its housing production plan.
The Agency, therefore, determines that the housing goal included in this Implementation
Plan and related objectives, ongoing activities, and housing production plan, as outlined
in this Implementation Plan, are consistent with the housing element of the City's
General Plan.
44
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
5.0 PLAN ADMINISTRATION
The Agency shall be responsible for administering the Implementation Plan and for monitoring
redevelopment activities or programs undertaken pursuant to it.
5.1
PLAN REVIEW
At least once within the five year Implementation Plan term, the Agency shall conduct a
public hearing and hear testimony of all interested parties for the purpose of reviewing
the adopted Redevelopment Plan, the Implementation Plan, and evaluating the progress
of the Project. The public hearing shall be held no earlier than two years and no later
than three years after the date of adoption of this Plan.
Notice of public hearing to review the Redevelopment Plan and Implementation Plan
shall be published pursuant to Section 6063 of the Government Code and posted in at
least four permanent places within the Project Area for a period of at least three weeks.
Publication and posting must be completed not less than ten days prior to the date set
for hearing.
5.2
PLAN AMENDMENT
Pursuant to CCRL 33490, the Implementation Plan may be amended from time to time
after holding a public hearing.
5.3
FINANCIAL COMMITMENTS SUBJECT TO AVAILABLE FUNDS
The Agency is authorized to utilize a wide variety of funding sources for implementing
the Redevelopment Plan. Such funding sources include, but are not limited to, financial
assistance from the City, State of California, federal government, property tax increment,
interest income, Agency bonds secured by tax increment or other revenues or other
legally available revenue source. Although the sources of revenue used by the Agency
are generally deemed to be reliable from year to year, such funds are subject to
legislative, program, or policy changes that could reduce the amount or the availability of
the funding sources upon which the Agency relies.
In addition, with regard to the Agency’s primary revenue source, tax increment revenues,
it must be noted that revenue flows are subject to diminution caused by events not
controlled by the Agency, which reduce the taxable value of land or improvements in the
Project Area. Moreover, the formulas governing the amount or percentage of tax
increment revenues payable to the Agency may be subject to legislative changes that
directly or indirectly reduce the tax increment revenues available to the Agency.
Due to the above-described uncertainties in Agency funding, the projects described
herein and the funding amounts estimated to be available are subject to modification,
changes in priority, replacement with another project, or cancellation by the Agency.
5.4
REDEVELOPMENT PLAN CONTROLS
If there is a conflict between the Implementation Plan and the Redevelopment Plan or
any other City or Agency plan or policy, the Redevelopment Plan shall control.
45
Ceres Redevelopment Project No. 1
Implementation Plan 2010-2014
5.5
CONCLUSION AND RECOMMENDATION
To date, the Agency has successfully implemented its programs and managed its
budgets. However, the generally negative economic climate in the State of California
has affected the Agency’s revenue stream through reductions in tax increment growth
rate. If the State prevails with the SERAF take, budget modifications may be necessary
to accommodate the loss of funds.
In terms of inclusionary obligation for the provision of affordable housing units, the
Agency is beginning the 2010-2014 implementation plan period with a surplus of
91units, of which 25 meet the requirements for very low-income households and 66 for
low- and moderate-income households. The Agency is anticipating participating in two
new affordable housing projects in 2010-2014; therefore, the surplus is expected to
increase through the end of the Implementation Plan term.
It is recommended that the Agency continue with its current successful approach to
blight removal and affordable housing production. Specific recommendations include:
•
Continue to actively support the development and expansion of existing
businesses and the attraction of new high quality sustainable uses that diversify
and expand the City’s economic base to increase employment opportunities for
Ceres residents.
•
Continue to support and initiate public capital improvement projects, property
rehabilitation, and private development that eliminate, ameliorate, prevent or
reverse the spread of physical blight in the Project Area.
•
Upon approval of the Downtown Specific Plan, partner with the City in
implementing the Specific Plan’s goals, policies, and recommendations.
•
Update and monitor the Agency’s affordable housing data base in compliance
with AB 987.
46

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