Loading...
HomeMy WebLinkAbout1988-248 ,. 1 RESOLUTION NUMBER 88-248 4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN 2 APPLICATION TO THE MORTGAGE BOND AND TAX CREDIT ALLOCATION 3 COMMITTEE FOR AN ALLOCATION FOR THE ISSUANCE OF QUALIFIED MORTGAGE BONDS AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF SAN BERNARDINO, APPROVING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH SUCH COUNTY AND AUTHORIZING THE MAYOR, CITY ATTORNEY AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY 5 A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND 6 THE CITY. 7 8 WHEREAS, there is a shortage in the County of San Bernardino (the "County") and in the City of San Bernardino (the "City") of 9 decent, safe and sanitary housing, particularly of housing 10 affordable by persons in the lower end of the purchasing 11 spectrum, and a consequent need to encourage the construction of homes affordable by such persons and otherwise to increase the 12 housing supply in the County and in the City for such persons; 13 and 14 15 WHEREAS, the Board of Supervisors of the County has adopted an ordinance declaring its intent to engage in a home mortgage 16 finance program (the "Program") pursuant to Chapters 1-5 of Part 17 5 of Division 31 of the Health and Safety Code of the State of 18 California (the "Act") and to issue bonds pursuant to the Act to 19 provide funds for the Program; and 20 21 determines that it is in the best interest of the City to adopt 22 the Program and to consent to the operation of the Program by the 23 County within the corporate boundaries of the City pursuant to 24 WHEREAS, the Common Council of the City of San Bernardino the Act; and 25 26 WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code" ) limits the amount of qualified mortgage 27 bonds that may be issued in any calendar year by entities within 28 6-28-88 1 ..' 1 a state and authorizes the governor or the legislature of such 2 state to provide the method of allocation within such state; and 3 WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the 4 Government Code of the State of California (the "Government 5 Code") governs the allocation of the state ceiling (as that term 6 is defined in the code) among governmental units in the State of 7 California having the authority to issue qualified mortgage 8 bonds; and 9 WHEREAS, section 8869.85 of the Government Code requires a 10 local agency to file an application with the Mortgage Bond and 11 Tax Credit Allocation Committee prior to the issuance of 12 qualified mortgage bonds; and 13 WHEREAS, the City has determined to assign to the County 14 pursuant to Section 8869.85(d) of the Government Code, the total 15 amount, if any, of authority to issue qualified mortgage bonds 16 allocated to the City from the state ceiling; and 17 WHEREAS, one percent (1%) of the amount of the allocation to 18 be requested by City is to be held in an escrow account, pursuant 19 to section 8869.84 of the Government Code and the regulations of 20 the Mortgage Bond and Tax Credit Allocation Committee. 21 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common 22 Council of the City of San Bernardino, as follows: 23 SECTION 1. Each of the foregoing recitals is true and correct. 24 25 SECTION 2. The Director of Community Development is hereby 26 authorized, on behalf of the City, to submit an application, and 27 such other documents as may be required, to the Mortgage Bond and 28 Tax Credit Allocation Committee for an allocation up to 6-28-88 2 ,,- 1 $20,000,000 for application towards the issuance of qualified 2 mortgage bonds. 3 SECTION 3. It is hereby authorized that, upon receipt, the 4 allocation authorized to be requested hereby be transferred to 5 the County, which will issue qualified mortgage bonds and use the 6 proceeds thereof in order to induce the origination of home 7 mortgage loans for qualifying persons residing within the 8 corporate boundaries of the City. The Mayor of the City of San 9 Bernardino or designee, is hereby directed to take such steps and 10 execute such documents as are necessary to effect the transfer of 11 any allocation of the state ceiling received by the City pursuant 12 hereto to the County. 13 SECTION 4. The City hereby adopts the Program for the purpose 14 of increasing the housing supply in the County and in the City 15 and consents to the operation of the Program by the County with 16 respect to all property located within the geographical 17 boundaries of the City. 18 SECTION 5. The Cooperative Agreement between the County and 19 City (the "Agreement"), in substantially the form attached hereto 20 as Exhibit "A", is hereby approved, and the Mayor, City Attorney 21 and City Clerk are hereby authorized and directed to execute and 22 deliver said Agreement, for and in the name and on behalf of the 23 City. The Mayor, with the advice and consent of the City 24 Attorney, is authorized to approve any additions or changes in 25 the form of said Agreement which they deem necessary or 26 advisable, their approval of such additions or changes to be 27 conclusively evidenced by execution by the Mayor of said 28 Agreement as so added to or changed. The Mayor, with the advice 6-28-88 3 I> . . 1 2 3 4 5 6 7 and consent of the City Attorney, is further authorized to enter into such additional agreements with the County, execute such other documents or take such other actions as they may deem necessary or appropriate to carry out the purpose and intent of the Agreement or to cooperate in the implementation of the Program. SECTION 6. This Resolution shall take effect from and after its adoption. 8 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 10 Bernardino at a re9ular meeting thereof, held on the ~ 11 12 day of 13 14 15 16 17 18 .11l1y , 1988, by the following vote, to wit: AYES: Councilpersons Estrada, Reilly, Flores, Maudsley, Minor, Miller NAYES: None ABSENT: Council Member Pope-Ludlam ~///?7~Ab ~ CITY CLERK 19 20 21 22 23 The foregoing resolution is. hereby approved this & t{ day of July , 1988. () il 17 ,- 6~(ft~ / f ~7 Mayor, 6ity of San Berhardino 24 Approved as to form and legal content: 25 . /i/2.lAA~ c:;v /2z~~. J 26 bf~:~~;~ 27 KJH/lab/1044 28 6-28-88 4 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ X H 1. ~ 1. T "A" COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO. THIS COOPERATIVE AGREEMENT (this "Agreement"), made and entered into as of July 1, 1988 by and between the County of San Bernardino, a political subdivision of the State of California (the "County"), and the City of San Bernardino, a political subdivision of the State of California (the "city"). H1.T!f~~~~T!! WHEREAS, the County has determined to engage in a home mortgage finance program pursuant to Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act") to make or acquire, directly or indirectly, loans to finance the acquisition of homes in the 15 County, all as provided for in the Act (the "Program"); and 16 WHEREAS, the County, pursuant to the Act, has adopted the 17 Program by Ordinance Number 2496 and has determined to cooperate 18 with the City pursuant to the Act in the exercise of its powers 19 under the Act for purposes of the Program; 20 NOW, THEREFORE, in consideration of the mutual convenants hereinafter provided, the parties hereto agree as follows: 21 22 SECTION 1. The terms used in this Agreement shall, for all 23 purposes of this Agreement, unless otherwise defined herein, have the meanings assigned to such terms in the Act. 24 25 SECTION 2. The County agrees to undertake the operation of the Program within the boundaries of the City, including the 26 issuance by it of revenue bonds therefore pursuant to the Act as 27 soon as practicable. 28 6-28-88 1 . . 1 SECTION 3. The City hereby agrees to cooperate with the 2 3 4 5 6 7 8 County in the exercise jointly or otherwise of their powers for the purpose of financing home mortgages pursuant to the Act by agreeing that the County shall exercise its powers to make or acquire home mortgages under the Program, all as more specifically set forth in the Act, with respect to property located within the corporate boundaries of the City. SECTION 4. The City agrees to undertake such further 9 proceedings or actions as may be necessary in order to carry out the terms and the intent of this Agreement. Nothing in this 10 11 Agreement shall prevent the County from entering into one or more 12 agreements with other political sUbdivisions within the County, 13 14 if deemed necessary and advisable to do so by the County. SECTION 5. The County agrees, and shall require that each 15 developer participating in a bond program pursuant hereto shall 16 agree, that all homes built within the corporate boundaries of 17 the City will comply with the City's draft general plan and 18 Interim Policy Document and regulations promulgated pursuant to 19 such documents. The County agrees, and shall require that each developer participating in a bond program pursuant hereto shall 20 agree, that all homes built anywhere within the corporate 21 boundaries of the City will comply with development standards of 22 the Verdemont Area Plan (pages 95-156) adopted by the Mayor and 23 Common Council in November 1986 and supplemented by action of the 24 Mayor and Common Council on May 23, 1988, except those projects 25 having gone through the plan review and approval process and 26 having building permits issued on or before June 28, 1988. The 27 appropriate sections of the Verdemont Area Plan and the action 28 6-28-88 2 County under or in connection with this Agreement. 22 23 24 25 26 27 28 . . 1 taken by the Mayor and Common Council of the City of San 2 Bernardino on May 23, 1988, are incorporated by reference as 3 though fully set forth at length. 4 5 6 7 8 9 with the Program. SECTION 7. County agrees to hold the City, its agents, SECTION 6. This Agreement may be amended by one or more supplemental agreements executed by the County and the City at any time, except that no such amendment or supplement shall be made which shall adversely affect the rights of the holders of any bonds issued by the County pursuant to the Act in connection 10 11 12 that may arise from the exercise of this Agreement; and, further, 13 14 15 16 17 employees, and officers harmless from any claim or litigation County agrees to defend City in any litigation that may arise from the County's exercise of its authority under this Agreement. City shall not be responsible for any damage or liability occuring by reason of anything done or omitted to be done by County under or in connection with this Agreement. It is also 18 agreed that, pursuant to Government Code Section 895.4, County 19 shall fully indemnify and hold City harmless from any liability 20 imposed for injury (as defined by Government Code Section 810.8) occuring by reason of anything done or omitted to be done by 21 SECTION 8. The County agrees to exercise a good faith effort to expend within the geographical boundary of the City, those funds made available to County pursuant to this Agreement. County hereby agrees to notify City in writing of any proposed expenditures of such funds outside the boundaries of City. SECTION 9. This Agreement represents the entire Agreement 6-28-88 3 24 25 26 27 28 . . 1 between the parties and no other written and/or oral Agreements 2 exist between the parties hereto. Any and all changes, 3 4 5 amendments and addenda to this Agreement shall be in writing, signed by all parties. IN WITNESS WHEREOF, the parties hereto have caused this 6 Agreement to be executed and attested by their proper officers 7 thereunto duly authorized, and their official seals to be hereto 8 affixed, all as of the date and year first written above. 9 COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO BY/t~/~?hLU7 10 11 BY : 9~~ 9~~ 12 ATTES~: ;J ~' 13 BY: PaAflLM/ , ~~ 14 15 Approved as to form and legal content: ATTEST: BY :_~fih?t8' ~~~. Approved as to form and legal content: 16 n /7 BY: ~~ ~ 17 D ey ~\\\' j :: KJH2~~?~:'?~;;.~~?/~, = _~. \."J~~!1" I ".". ..' '/, _ ~. ,.."\\rll~!"'iP.',, '/ 20 - ~. ,~ f;inr;. " · ,i~\""" a ~:. ./ ....... . ---'~'r .~~:~)V ",6~'t:t~ · *'".... ,.'" ~ (.0'. ~ ~~~r.:\;! '::.:::-- · ;.,{~ ":"; / ):liI . -i::' '.'::"'. tt: :,...... ~ -. -'''''=- . , ..~""". ~;:' - ,.J..... -""....", ....''''} '"'!...... . .'f ___ '/: . ;1'.... ~, , ~r . \<>" ....~.- Z ~. /iJl t~! v.\,~'(, .,. ",", ~-= /" ~ · tf. ~'. "\I .,..":t'-- , 1./ "'A~ .. . "0,, ,::.: I '"" h." · · ~ · ,\~., .:::..- 'I, //)/N 1'\ r: ..~ \~ ~~ , ,~:::-- I, J ~ , U " \J, . ':..:<'... t I \ , , \' . , ','" . Iq \\\\. BY:~J / City ttorney 21 22 23 6-28-88 4 . . ORDINANCE NO. 14" ORDINANCE ADOPTING A HOUSING FINANCE REVENUE BOND PROGRAM AND AUTHORIZING COUNTY OFFICERS TO IMPLEMENT THE PROGRAM. WHEREAS. there is I short. In the County of ~n Bermrdmo (the "COUnty") or decent. safe 1nd sanillry housi"l, IWrtlCubriy of houSln<< ."fordable by penons In thr lower end of the purchuina spectNm, and I conseqlltnl need to tnCouF'lCf t~ construction and rehabiliution of hOlnts affordable by such penons and otherwise to increase the housi"l supply in the County for such pel'1ons; and WHEREAS. the Board of SupervlSOI'1 of the County (the "Board") has resolved to en~ in a Housi"l Finance Revenue Bond Procram (the "Program") pursuant to Part S of Division 31 of the Health and ~fety Code o( the Sute o( California (the "Act') (or penons and families within the incolnt ~miu esublished by the Act. and hu determined to issue revenue bonds pul'1Ulnt to the Act to provide funds (or the Procram; THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO DO ORDAIN. as follows: I. The County hereby esublishes the Procram pul'1Ulnt to the Act and hereby detennines to issue revenue bonds pursuant to said Act to provide funds for the Procram. 2. The County hereby finds and decl1res that the Program will serve the public purposes of providina financing for decent. safe and saniury housina that people in the lower end of the purchasing spectNm can afford and of increasing the housing supply. 3. With the consent of any cities within whose boundlries the Program will be operated. the Program shall be operated by the County within the geographical boundaries of Iny such cities, as well as within Iny unincorporated areas of the County. 4. The cooperative agreement. dated as of October 27. 1980. between the County and the cities of Adel1nto. Barnow, Chino. Fonuna, Grand Temce. loma Uncia. Montclair. Needles. Onurio. Rancho Cucamonga. Redbnds, Riilto. Victorville and Upland (the "Cities"). in substantially the fonn submitted to this meeting (the "Agreement") is hereby 1pproved. and the proper offlCel'1 of the County are hereby authorized and directed to execute and deliver said Agreelntnt. (or and in the name and on behalf of the County. and to approve any additions to or changes in the (onn of said Agreement submitted to this meeting which they deem necessary or advisable. their approval of such additions or changes to be conclusively evidenced by their execution o( said Agreement as so Idded to or changed. The proper offlCm of the County are further authorized to enter into such additional agreemenu with the Cities. execute such other documenu or uke such other actions as they may deem necessary or appropriate to carry out the purpose and intent o( the Agreement or to cooperate in the implementation o( the Program. S. The County shall adopt by resolution NIeS and regulations esublishina eligibility criteria (or lending institutions to participate in the Program, NIes and regulations for penons to receive mortpge loins under the Procram. and such other Program criteria as required by the Act. 6. The proper offlCel'1 o( the County Ire hereby authorized and directed to perlonn any lets 1nd enter into and execute Iny agreemenu or other documenu that they may deem necessary or appropriate to implement the Program. 7. The provisions of this ordinance, being necessary (or the welfare o( the County and its inhabiunu. shall be liberally construed to effect its purposes. 8. This ordinance becomes effective 30 days after passage, and within I S days or passage shall be published once with the names o( supervisol'1 voting for and against it in the Sin Bernardino Sun, a newspaper published in this County. JAMES l. MAYFIELD. Chairman Board of Supervisol'1 ATTEST : ANDREE DISHAROON. Clerk o( the Board o( Supervisol'1 STATE OF CAUFORNIA } COUNTY OF SAN BERNARDINO ss. I. ANDREE DISHAROON, Clerk of the Board of Supervrsol'1 of the County of Sin Bernardino. Sute of CalifornIa. hereby certify that at a regular meeting of the Board o( SupervlSOI'1 of said County and Sute, held on the 17th day of November. 1980. at which meeting were present Supervisol'1 James l. Mayfield, Chainnan; Cal McElwain; Dennis Hansberger; Robert O. Townsend; and the Clerk. the foregoing ordinance was passed and adopted by the following vote. to WIt: A YES: Supervisol'1 McElwain, Hansberger, Townsend. Mayfield. NOES: None. ABSENT: Supervisor Hammock. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the o((icial seal o( the Board o( Supervisol'1 this 17th day of November. 1980. ANDREE DISHAROON. Clerk o( the Board of Supervisol'1 o( the County of San Bernardino, Sute o( Cali(omia.