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HomeMy WebLinkAbout09.A- Redevelopment Agency RESOLUTION (ID#2177) DOC ID: 2177 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Conveyance of Property From: Teri Baker M/CC Meeting Date: 12/17/2012 Prepared by: Lisa Connor, (909)663-1044 Dept: Redevelopment Agency Ward(s): All Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino Serving in Its Capacity as the Housing Successor Agency to the Redevelopment Agency of the City of San Bernardino Determining Certain Loan Agreements, Promissory Notes, Deed of Trust(S) And/Or Covenants Relating to Certain Real Property Are Housing Assets and Authorizing the Transfer of Said Housing Assets from the Former Redevelopment Agency to the City in Its Capacity as Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino. Financial Impact: None by this action. Motion: Adopt the Resolution. Svnopsis of Previous Council Action: None. CBackground: On October 17, 1994, the Community Development Commission of the City of San Bernardino ("Commission") approved the Mortgage Assistance Program ("MAP"), subsequently renamed Homebuyer's Assistance Program ("HAP") which made available a limited number of deferred payment (principal and interest) second mortgages, not-to-exceed ten percent (10%) of the maximum purchase price of$250,000. This Program was designed to provide income qualified families with down payment/closing cost monies necessary to secure financing towards the purchase of single family detached homes in the City and provided an additional avenue for the former Redevelopment Agency to insure the availability of affordable housing to income qualified home buyers. As a result of this program the Agency developed a pool of loans, covenants and agreements all considered Housing Assets. Since some loan documents and covenants were NOT included on the Housing Asset Transfer Form and approved as Housing Assets by the DOF, then the Oversight Board needs to take action for those assets not included pursuant to Health & Safety Code Section 34181(c) to determine that these instruments are "housing assets" as defined in Health & Safety Code Section 34176(e) and to direct the Successor Agency to transfer these housing assets to the City, in its capacity as Successor Housing Agency. On December 10,2012 the Oversight Board took the necessary action pursuant to Resolution SBOB 2012-18. Moreover, Pursuant to Resolution No. 2012-19, the City of San Bernardino confirmed itself as the housing successor agency on January 23, 2012. The City previously confirmed that it is the successor agency to the Redevelopment Agency Resolution No. 2012-12 on January 9, 2012. Staff reviewed available documents and determined that federal funds were not used and we are not negatively impacting any federal requirements that would conceivably be a part of any Updated: 12/13/2012 by Linda Sutherland 2177 © federal regulatory agreement by moving forward on this request. CURRENT ISSUE: In the case of 1336 Wall Avenue, 3205 Greystone Road, 5473 Aster Street, 1768 Porter Street, 777 North "J" Street, 279 East 48`h Street and 770 East Marshall Blvd., the homeowners purchased their homes or obtained property rehabilitation or improvement funds utilizing some form of Agency assistance thereby creating Housing Assets of the Former Redevelopment Agency. Now that the Former Redevelopment Agency no longer governs affordable housing it is advisable that the Successor Housing Agency confirms the interest in these properties as housing assets and/or housing functions, and to transfer those Housing Assets not originally included on the Housing Asset Transfer Form from the Successor Agency to the City in its capacity as Successor Housing Agency. In the case of the four properties (777 North "J" Street, 279 East 48th Street, 5473 Aster Street and 3205 Greystone Road) included on the Housing Asset Transform Form Agency staff recommends that the Successor Housing Agency consider these assets as well in order to provide the necessary comfort level to title companies involved in the respective transactions. It is further understood that the title company needs a resolution action in which the Oversight Board confirms that the loan agreements, covenants and other documents are housing assets and/or housing functions, and desires to authorize Successor Agency staff to transfer all rights and interests in the instruments to the City in its capacity as the Housing Successor Agency. Such a resolution was adopted by the Oversight Board (SBOB/2012-18 at a special meeting held on December 10, 2012). Because this matter has been delayed, we recommend that the Council approve the action and authorize the appropriate staff to execute and record all related documents. City Attorney Review: Sunoortinz Documents: reso 2177 (PDF) G Updated: 12/13/2012 by Linda Sutherland Packet Pg. 802 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO SERVING IN ITS CAPACITY AS THE HOUSING SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY 4 OF SAN BERNARDINO DETERM94ING CERTAIN LOAN AGREEMENTS, 5 PROMISSORY NOTES, DEED OF TRUST(S) AND/OR COVENANTS RELATING TO CERTAIN REAL PROPERTY ARE HOUSING ASSETS AND 6 AUTHORIZING THE TRANSFER OF SAID HOUSING ASSETS FROM THE FORMER REDEVELOPMENT AGENCY TO THE CITY IN 1TS CAPACITY AS 7 SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF 8 THE CITY OF SAN BERNARDINO N N 9 a WHEREAS, on January 9, 2012, the Mayor and Common Council of the City of San 10 Bernardino ("Council") adopted Resolution No. 2012-12 confirming that the City of San Bernardino M t 11 would be the Successor Agency to the Redevelopment Agency ("Agency") of the City of San o 12 Bernardino ("Successor Agency") effective February 1, 2012, pursuant to AB1X 26 (The 13 Redevelopment Agency Dissolution Act); and O14 WHEREAS, on January 23, 2012, the Council adopted Resolution No. 2012-19 providing N for the City to become the Housing Successor and to perform housing functions previously o' 15 = performed by the Agency; and 16 WHEREAS, pursuant to Health & Safety Code Section 34181(c) of ABIX 26 the Oversight N 17 Board is to direct the transfer of housing responsibilities, including all rights, powers, duties, N 18 obligations and assets,to the Housing Successor; and N d 19 WHEREAS, staff reviewed available documents and determined that federal funds were not 20 used and we are not negatively impacting any federal requirements that would conceivably be a part E U 21 of any federal regulatory agreement by moving forward on this request;and WHEREAS, a Deed of Trust(s)and/or Covenants or other Agreements entered into with the 22 Former Redevelopment Agency affecting real property located at 1336 Wall Avenue, 3205 23 Greystone Road, 5473 Aster Street, 1708 Porter Street, 777 North "J" Street, 279 East 48`h Street 24 and 770 East Marshall Blvd exist; and 25 WHEREAS, of the seven properties listed above three (1336 Wall Avenue, 1708 Porter 26 Street and 770 West Marshall Blvd.)were not included on the Housing Asset Transfer Form O27 approved by the Department of Finance("DOF")earlier this summer; and 28 1 Packet Pg.803 9.A.a 1 WHEREAS,the four properties that were approved by DOF(777 North"J"Street,279 East 2 48`x' Street, 5473 Aster Street and 3205 Greystone Road)would typically be excluded from oversight board consideration and would be presented directly to the Housing Successor Agency for 3 consideration;and 4 WHEREAS,due to concerns that still exist with various title companies it is staff's 5 recommendation to obtain a resolution authority from the Successor Housing Agency on all seven 6 properties under consideration; and 7 WHEREAS, the Successor Housing Agency Board desires to confirm that the Deed of Trust(s) and/or Covenants or Agreements are housing assets and/or housing function, and desires to 8 y authorize Successor Agency staff to transfer all rights and interests in the Housing Assets to the a" 9 City in its capacity as the Housing Successor Agency;and w 10 WHEREAS, It is further understood that the title company needs a resolution action in 11 which the Oversight Board confirms that the loan agreements, covenants and other documents are `o 12 housing assets and/or housing functions, and desires to authorize Successor Agency staff to transfer N 13 all rights and interests in the instruments to the City in its capacity as the Housing Successor F 14 Agency. Such a resolution was adopted by the Oversight Board (SBOB/2012-18 at a special meeting held on December 10,2012); and o 15 = WHEREAS, the State of California Department of Finance, State Controller's Office, the 16 County Auditor-Controller of the County of San Bernardino and the Office of the Chief Executive 17 Officer of the County of San Bernardino have been properly notified prior to the adoption of this N 18 Resolution SBOB/2012-18. N v 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL E 20 0 AS FOLLOWS: 21 a Section 1. Pursuant to Health & Safety Code Section 34176, the Housing Successor 22 Agency for the City of San Bernardino as Successor Agency to the Redevelopment Agency of the 23 City of San Bernardino does hereby find and determine that any and all Loan Agreements, 24 Promissory Notes, Deed of Trust(s) and/or Covenants in favor of the former Agency and relating to 25 real property located at 1336 Wall Avenue, 3205 Greystone Road, 5473 Aster Street, 1708 Porter 26 Street, 777 North"J" Street, 279 East 48th Street and 770 East Marshall Blvd("Housing Assets")to be housing assets within the meaning of Health & Safety Code Section 34176(e) and does hereby 27 direct Successor Agency staff to transfer such Housing Assets to the City in its capacity as 28 Successor Housing Agency. 2 Packet Pg. 804 9.A.a 1 Section 2. This Resolution shall take effect from and after its date of adoption by this 2 Board and the expiration of five business days from its transmittal to the Department of Finance. 3 4 5 6 7 N 9 w N 10 11 O 12 N 13 14 c o' 15 _ 16 17 18 /// $ d 19 c 20 E 21 22 23 24 25 26 27 28 3 Packet Pg.805 A.a S.. i A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO SERVING IN ITS CAPACITY AS THE HOUSING SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY 3 OF SAN BERNARDINO DETERMINING CERTAIN LOAN AGREEMENTS, PROMISSORY NOTES, DEED OF TRUST(S) AND/OR COVENANTS 4 RELATING TO CERTAIN REAL PROPERTY ARE HOUSING ASSETS AND 5 AUTHORIZING THE TRANSFER OF SAID HOUSING ASSETS FROM THE FORMER REDEVELOPMENT AGENCY TO THE CITY IN YTS CAPACITY AS 6 SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 7 N 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the N N 9 Mayor and Common Council of the City of San Bernardino at a meeting a v 10 thereof, held on the day of 2012, by the following vote, to wit: 11 0 12 Council Members: Ayes Nays Abstain Absent N c 13 MARQUEZ © 14 JENKINS VALDIVIA 0 15 SHORETT 16 N KELLEY 17 JOHNSON N 18 MCCAMMACK 19 T v E 20 Georgeann Hanna,City Clerk a 21 22 The foregoing Resolution is hereby approved this day of ,2012. 23 24 Patrick J.Morris, Mayor City of San Bernardino 25 Approved as to Form: JAMES F. PENMAN, /� 26 City A rney C 28 4 PacketPg. 806