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HomeMy WebLinkAboutR36-Economic Development Agency ,. '. ~ ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco, Deputy Director/Director Housing & Community Development COUNTY AND CITY OF SAN BERNARDINO COOPERATION AGREEMENT EXTENSION.COUNTY WIDE MORTGAGE ASSISTANCE PROGRAMS SUBJECT: DATE: April 24, 2002 o fl,'~~' ,',', ~~ L SvnoDsis of Previous Commission/Council/Committee Action(s): On April 4, 2002, the Redevelopment Committee recommended that this item be sent to the Mayor and Common Council for approval. ._--.-----------------------------------------_.-----------------------.------------------------------------------.---------------------------------------------_. Recommended Motion(s): MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ("CITY"): (I) APPROVING THE CONTINUATION OF THE CITY'S PARTICIPATION IN THE SINGLE FAMILY HOME MORTGAGE REVENUE BOND AND RELATED HOME FINANCE PROGRAMS IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO ("COUNTY") AND (2) AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A NEW COOPERATION AGREEMENT BETWEEN THE CITY AND THE COUNTY. Contact Person(s): Gary Van OsdellMaggie Pacheco Project Area(s) 1 - 11 Phone: Ward(s): (909) 663-1044 1-7 Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Reports FUNDING REQUIREMENTS $ N/A o Source: Amount: /', SIGNATURE: ggie Pa heca, Deputy Director/Director Housing & Community Development ..__________________________d________________________________________________________________.______________--------------------------..-----.--------------------- Commission/Council Notes: '~CloJ-~d- ~?:,k, MP:sj :5-6-02 County & City MAP Programs COMMISSION MEETING AGENDA Meeting Date: 05/06/02 Agenda Item Number: P. 3(, .' '. ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ------.-----------------.-------------------------------------------------------------------------------------------- County and Citv Cooperatiou Al!reement Extension-Home Mort~al!e Finance Pro~rams BACKGROUND: Under Federal and State Law, Cities and Counties have the authority to issue bonds that provide a public benefit, including the provision of housing ownership opportunities which enable low- to moderate- income households to acquire their own home with a minimum down payment and at an affordable monthly payment. Under these laws, eligible cities and counties may join together under cooperative agreements or form joint powers authorities which allow a single entity to issue bonds and/or otherwise fund, as well as administer homeownership programs that serve income-eligible households in all participating member cities and in all unincorporated areas of the participating County. Mortgage funding generated in this manner poses no risk to the funds, assets or taxing power of the issuing and participating cities. The proceeds of the monthly payments that are made by the homebuyers for whom mortgages are originated with bond funds, are used to repay the bond investors the principal amount of the funds generated through the sale of bonds, plus accrued interest on the bonds. The County has been issuing mortgage revenue bonds under its Single Family Home Mortgage Revenue Bond (SFHMRB) Program since 1980. All of the incorporated cities within the boundaries of the County have participated with the County in its SFHMRB Program since it was implemented in 1980. The Cooperative Agreements allow for the assignment of the cities' share of applicable SFHMRB allocations to the County. The City of San Bernardino, and all of the incorporated cities/towns within the County of San Bernardino have executed successor Cooperative Agreements and/or extensions to existing agreements annually. In 1995, the County' s cities, including the City of San Bernardino, entered into updated Cooperative Agreement. During the past two years, the County has implemented additional homeownership programs, which are now available countywide based on the terms of the existing Cooperative Agreement that was executed in 1995, and which has been extended and expanded through subsequent annual amendments. The new programs covered under the existing Cooperative Agreement and extensions include a Lease Purchase Program administered by the California Cities Home Ownership Authority (CCHOA) and the Extra Credit Teacher Home Purchase Program, which is a variation of the SFHMRB program. Under the existing Cooperative Agreement and amendments, all cities within the County currently participate in the SFHMRB, Teacher Program and CCHOA Lease-Purchase Program. CURRENT ISSUE: On January 9, 2001, the County Board of Supervisors approved a Resolution to update and expand the existing Cooperative Agreements. Therefore, Economic and Community Development (ECD) sent a copy of that resolution to each of the participating cities, along with a draft Letter of Intent to Continue to Participate with the understanding that a new Cooperative Agreement would be provided to each City by the County to be executed by each City in late 200 I calendar year. The draft resolution and draft cooperative agreement provided by the County were developed by Philip Lee, Esq., of Fulbright & Jaworski, L.L.P., acting as private Bond Counsel for the County. Both draft documents were reviewed and approved by Deputy County Counsel, Michelle Blakemore, prior to being provided by ECD to the Cities. The Agreement is subject to the approval of the City Attorney. MP:sj:5-6-02 County & City MAP Programs COMMISSION MEETING AGENDA Meeting Date: 05/06/02 Agenda Item Number: 1J3 b ,. . The changes to the Cooperative Agreement will authorize the following: 1) allow the Cooperative Agreement to be renewed automatically each year upon written notification to the City by the Director of ECD; 2) add clarification that the Cooperative Agreement will automatically apply to any additional homeownership programs to be developed by the County, ifnot otherwise restricted by applicable federal or state program regulations; and 3) will require the County to advise the City of any new programs that may be offered countywide under the extended and expanded Cooperative Agreement. ENVIRONMENTAL IMPACT: None. The County of San Bernardino ECD will be responsible for insuring that all environmental requirements are met under the California Environmental Quality Act (CEQA). FISCAL IMPACT: This action has no fiscal impact on the City General Fund, the Agency Fund or any other funds administered by the City of San Bernardino. ^-- Maggie Pacheco, De Dire orIDirector Housing & Community Development MP:sj:5-6-02 County & City MAP Programs COMMISSION MEETING AGENDA Meeting Date: 05/06/02 Agenda Item Number: ~ . e e . . j L ~@[PV RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ("CITY") (1) APPROVING THE CONTINUATION OF THE CITY IN THE SINGLE FAMILY HOME MORTGAGE REVENUE BOND AND RELATED HOME FINANCE PROGRAMS IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO ("COUNTY") AND (2) AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A COOPERATION AGREEMENT BETWEEN THE CITY AND THE COUNTY. 3 4 5 6 7 8 WHEREAS, there is a need in the County of San Bernardino (the "County") and in the 9 City to provide decent, safe, sanitary and affordable housing by persons in the low/moderate 10 income purchasing spectrum, and a consequent need to encourage the development or 11 preservation of homes affordable by such persons and otherwise to increase the housing supply 12 in the County and in the City of San Bernardino (the "City") for such persons; and 13 WHEREAS, Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the 14 State of California (the "Financing Act") (commencing with Section 52000 of the Health and 15 Safety Code authorize counties and cities under the Act to issue revenue bonds for the purpose 16 of financing home mortgages authorized by the Act, and Article 11 of Chapter 3 of Part I of 17 Division 2 of Title 5 of the Government Code of the State of California (the "Refunding Act," 18 and, together with the Financing Act, the "Act"), commencing with Section 53570 of the 19 Government Code, authorizes the County to issue bonds to refund its revenue bonds previously 20 21 issued to finance home mortgages under the Act; and . 22 WHEREAS, the County has detennined to engage in a home financing program within 23 the geographic boundaries of the County and certain cooperating cities pursuant to the Act, in 24 connection with the construction, acquisition, rehabilitation or improvement of homes in the 25 County, all as provided for in the Act; and SB2002: 1064 Ll -1- 1L~, RS4 6'/c;lob . . . WHEREAS, the Board of Supervisors of the County adopted Ordinance No. 2496 on 2 November 17, 1980, declaring its intent to engage in a home mortgage finance program (the 3 "Program") pursuant to the Financing Act and to issue indebtedness pursuant to the Act in 4 furtherance of the Program; and 5 WHEREAS, pursuant to the Act and other laws of the State of California, the County 6 has (a) created The Extra Credit Teacher Home Purchase Program (the "Teacher Program") that 7 provides home mortgages to qualified teachers or principals who meet certain conditions and 8 issued $14,235,000 of bonds (the "Teacher Bonds") after providing notice to the City; (b) with 9 the consent of all participating cities the County on its behalf and on behalf of the participating 10 cities entered into a joint powers agreement ("IPA") under the Marks-Roos Local Bond Pooling 11 Act of 1985 (Government Code 6584 et seq.)with the California Cities Home Ownership 12 Authority (CCHOA) thereby permitting an existing CCHOA Lease Purchase Program to be 13 available in the County; and (c) issued $500,000 of its Taxable Single Family Home Mortgage 14 Revenue Notes (Fannie Mae Down Payment Assistance Program), 2001 Series A (the "2001 15 Notes") to create a down payment assistance program (the "DPAIN Program") that provides 16 supplemental funds that may be used toward down payment and closing costs in conjunction 17 with other mortgage programs, including the Program, the Teacher Program, as well as the 18 County's HOME Program Homeownership Assistance Program (HAP), and to provide down 19 payment assistance for households with incomes up to 140% of statewide median (higher than 20 the income limits of those three programs) (collectively, the "Additional Programs") when used 21 in conjunction with any other mortgage program, subject to the income limits of such mortgage 22 program; and 23 24 25 WHEREAS, the City on February 6, 1995, previously authorized the County to issue Bonds with respect to the implementation of the Program and has agreed to and consented to expansion of the Program pursuant to certain letters (the "Extension Letters"); and S82002:10641.1 -2- I , I . , 2 3 4 5 6 7 8 9 . . WHEREAS, the County has presented the City a form of new Cooperation Agreement (the "Cooperation Agreement") between the County and the City whereby the City consents to participate in the Program and the Additional Programs pursuant to the terms of such Cooperation Agreement; and WHEREAS, the Common Council finds and determines that it is in the best interest of the City to consent to its continued participation in the Program and to its participation and/or continued participation of the Additional Programs pursuant to the terms and conditions of the Cooperation Agreement between the County and the City; and 10 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 11 12 Section 1. Each of the foregoing recitals is true and correct. 13 Section 2. The City hereby adopts the Program for the purpose of increasing the 14 housing supply in the County and in the City and consents to the operation of the Program and 15 the Additional Programs by the County with respect to all property located within the 16 geographical boundaries of the City. 17 Section 3. The Cooperation Agreement between the County and the City (the 18 "Cooperation Agreement"), in substantially the form attached hereto as Exhibit A, is hereby 19 20 approved, and the Mayor and City Clerk are hereby authorized and directed to execute and 21 deliver said Cooperation Agreement, for and in the name and on behalf of the City. The Mayor, 22 with the advice and consent of the City Attorney, is authorized to approve any additions to or 23 changes in the form of said Cooperation Agreement which they deem necessary or advisable, 24 their approval of such additions or changes to be conclusively evidenced by execution by the 25 Mayor of said Cooperation Agreement as so added to or changed. The Mayor, with the advice S82oo2:10641.1 -3- e e e 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 Cooperation Agreement or to cooperate in the implementation of the Program or Additional Programs. Section 4. The offices and employees of the City and the Redevelopment Agency of the City of San Bernardino are hereby authorized and directed, jointly and severally, to do any and all things necessary or advisable in order to effectuate the purposes of this Resolution and 8 9 the Cooperation Agreement. 10 IIII 11 IIII 12 IIII 13 IIII 14 IIII 15 IIII 16 IIII 17 IIII 18 IIII 19 IIII 20 IIII 21 IIII 22 23 IIII 24 IIII 25 IIII SB2002:10641.1 -4- e e e RESOLUTION OF THE MAYOR ANI) COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ("CITY") (1) APPROVING THE CONTINUATION OF THE CITY IN THE SINGLE FAMILY HOME MORTGAGE REVENUE BOND AND RELATED HOME FINANCE PROGRAMS IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO ("COUNTY") AND (2) AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A COOPERATION AGREEMENT BETWEEN THE CITY AND THE COUNTY. 2 3 4 5 6 Section 5. This Resolution shall take effect from and after its adoption. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting thereof, held on the 9 day of , 2002, by the following vote to wit: Ayes Navs Abstain Absent 10 Council Members: 11 ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MC CAMMACK Rachel G. Clark 20 The foregoing resolution is hereby approved this day of 23 24 25 By: t./lSS/fil City Attorney 12 13 14 15 16 17 18 19 21 22 Judith Valles, Mayor City of San Bernardino SB2002: 10641.1 al Content: -5- ,2002. \ . "'.'''-: ,~.;.,. ..- ,,,.j-- ,. ,; ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 5 -b ~()d Item # 12-6(" Resolution # Vote: Ayes 1-;) I .1\ - " Nays A--- Abstain-8- Change to motion to amend original documents: d 00,;)- \(\ (, Absent , ~ Reso. # On Attachments: --===--- Contract term: ~ NulVVoid After: Note on Resolution of Attachment stored separately:-= Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTV By: Date Sent to Mayor: 5 - 'I - 0 ;J- Date of Mayor's Signature: 5-8-0;;l- Date of ClerklCDC Signature; 5" -'1 -0 if Reso. Log Updated; v" Seal Impressed: tv" Date MemolLetter Sent for Signature: bOA l',tTl'Nll(\) 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached; - Date Returned; See Attached; See Attached: Request for Council Action & Staff Report Attached; Updated Prior Resolutions (Other Than Below); Updated CITV Personnel Folders (6413, 6429, 6433,10584,10585,12634); Updated CDC Perso,nnel Folders (5557): Updated Traffic Folders (3985, 8234,655,92-389): ,/ No No ./ No --L.. N04 No / By_ By__ By__ By ----l- By ./ Ves Ves Ves Ves Ves Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services EDA II'" Finance MIS Police Public Services Water Others; Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE VEARL V RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,) Ready to File: _ Date: Revised 0 II 12/0 1