Politics & Government

City Staff: Berrellesa Palms Project Cannot Be Revoked

The controversial 49-unit Section 8 senior housing project must be upheld, even though the tenant requirements have changed, according to a staff report.

If a project that promised Martinez seniors a place to retire and enjoy their sunset years suddenly became a project restricted to extremely low income seniors at risk of homelessness and who are mentally and/or physically disabled, is that a change in the nature of the project?

Not according to a city staff report, released last week. According to planner Cory Simon and assistant city attorney Virginia Nebb, Berrellesa Palms, originally approved by the city in 2009, always envisioned a certain number of seniors fitting that description. To revoke the project’s approval now would, according to the report, expose the city to serious legal consequences and probably violate federal and state fair housing laws.

Not so, said councilwoman Lara DeLaney on Monday. The project should be revoked and sent back through the city’s approval process, because it is no longer the same project that was approved in 2010.

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“On so many occasions, assurances were made (by developer Resources for Community Development) that this type of subsidized housing would not be changed from what was presented to council,” DeLaney said. “Now it’s a disabled senior subsidized project for seniors of extremely low income. The project was presented as a moderate to low-income project. It certainly isn’t that at this point. I feel (RCD is) welcome to build the project that was approved. Now it’s not the same project. Because this is a new project, (RCD) should go through the entitlement process – back to the Planning Commission, and from there we’ll see.”

RCD told the council earlier this year that it tried and failed to receive federal funding for the project, which would have provided for a range of income levels, including but not limited to Section Eight tenants. Instead, RCD has received approval for state funds to build a project that would be restricted to extremely low-income seniors who are at risk for homelessness, and who suffer from mental and/or physical disabilities. Four units are required to be set aside for tenants who have HIV/AIDS.

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At a Jan. 12 council meeting, staff was asked to investigate the proposed changes and explore what, if anything, the council could do about it. A report came back last week concluding that the project was essentially the same was originally approved, and to revoke it would expose the city to liability. The report was intended for a closed council session, but DeLaney said she insisted the report be made public.

“We may have to make a decision about litigation,” she said. “That’s why I wanted the report to be public. I think we should use all of our powers and abilities to see what our options are. I don’t accept staff’s report. We didn’t ask them to draw a conclusion about litigation. We asked them for facts.”

But Mayor Rob Schroder said the staff report makes clear that the city can’t alter its approval of Berrellesa Palms without risking losing a major lawsuit, and violating state and federal housing laws.

“I’m not happy about it, but I’m not going to put the city at risk at this point at what looks to be a slam dunk,” Schroder said Monday. “That is risking city resources. The other issue is, what is the worst-case scenario? If RCD doesn’t build this project, it goes into default. The county owns the property. I’m not real happy about the county owning the property. I’ve always had visions of nice housing there, but I’ve heard rumors that the county might place a homeless facility there if this isn’t built.”

“I don’t have a law degree,” said councilman Mark Ross on Monday.

He pointed out that there was a minor difference between low-income and extremely low-income as it’s defined by law, and said he continued to support the project, as does councilwoman Janet Kennedy.

Councilman Mike Menesini, who was also critical of the change in the project in January, could not be reached for comment on Monday. And RCD did not respond to a request for comment as of Tuesday morning.


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