Loading...
HomeMy WebLinkAboutContracts & Agreements_1-2002Rev 07/97 REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION Agreements listed January 9, 2001 FROM: THOMAS R. LAURIN, DIRECTOR DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT SUBJECT: RESOLUTION AUTHORIZING CHANGES TO COOPERATIVE AGREEMENTS WITH PARTICIPATING CITIES RECOMMENDATION: Adopt a resolution that makes certain changes to the Cooperative Agreements executed between the County of San Bernardino and the cities (24): Adelanto Town of Apple Valley Barstow Big Bear Lake Chino Chino Hills Colton Fontana Grand Terrace Hesperia Highland Loma Linda Agreement No. 95-53-(a) 95-31 95-32 95-33 95-34 95-35 95-36 95-37 95-38 95-39 95-40 95-41 Montclair Needles Ontario Rancho Cucamonga Redlands Rialto San Bernardino Twentynine Palms Upland Victorville Yucaipa Town of Yucca Valley standard following Agreement No. 95-42 95-43 95-44 95-45 95.46 95-47 95-48 95-49 95-50 95-51 95-52 95-53 BACKGROUND INFORMATION: 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 as well as 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 / participating entities. 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. With Resolution: cc: ECD-Tom Laurin Cities (24) c/o ECD Auditor Co. Counsel-Blakemore ECD-Roberta Keyes Risk Management ED/PSG File mll Page1 of 2 Record of Action of the Board of Supervisors RESOLUTION NO. 2001-24 APPROVED BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO MOTION MOVE AYE " SECOND AYE ABSENT 1 2 - 3 4 5 J. RENE BY DATED: M_CLERK OF THE BOARD ITEM 009 RESOLUTION AUTHORIZING CHANGES TO COOPERATIVE AGREEMENTS WITH PARTICIPATING CITIES January 9, 2001 Page 2 of 2 The County has been issuing mortgage revenue bonds under its Single Family Home Mortgage Revenue Bond (SFMRB) Program since 1980. All incorporated cities within the boundaries of the County have participated with the county in its SFMRB Program since it was implemented in 1980. The Cooperative Agreements allow for the assignment of the cities' allocations to the County. All of the cities have executed successor cooperative agreements and/or extensions to existing cooperative agreements on an annual basis. In 1995, the County's cities listed above entered into updated Cooperative Agreements that may be recommitted to as necessary. During the past year, the County has implemented two additional homeownership programs, which are now available countywide based on the terms of the existing extended Cooperative Agreements that were first executed in 1995. These new programs 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 SFMRB program. Under the existing Cooperative Agreement, all cities within the County may participate in the SFMRB, Teacher Program and CCHOA Lease -Purchase Program. The changes to the Cooperative Agreement authorized in the resolution will: 1) allow the individual Cooperative Agreements to be renewed automatically each year upon written notification to the cities 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, if not otherwise restricted by applicable federal or state program regulations; and 3) will require the County to advise the cooperating cities of any new programs that may be offered countywide under the Cooperative Agreement. REVIEW BY OTHERS: This item has been reviewed and approved by Deputy County Counsel Michelle Blakemore on December 20, 2000 and the County Administrative Office (Dave Gibson, Administrative Analyst). FINANCIAL DATA: This action has no impact on the County General Fund or any other funds administered by the Department of Economic and Community Development. SUPERVISORIAL DISTRJCT(S): All. PRESENTER: Thomas R. Laurin, Director, 388-0808. JANUARY 9, 2001 ITEM 009 RESOLUTION NO. 2001-24 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE UPDATING OF THE COOPERATIVE AGREEMENTS BETWEEN THE COUNTY OF SAN BERNARDINO AND VARIOUS CITIES On Tuesday, January 9, 2001, on motion by Supervisor Postmus, duly seconded by Supervisor Hansberger, and carried, the following resolution is adopted. RESOLVED, by the Board of Supervisors (the "Board") of the County of San Bernardino (the "County") that: WHEREAS, there is a shortage in the County of San Bernardino (the "County") of decent, safe and sanitary housing particularly of housing afforded by persons in the lower end of the purchasing spectrum, and a consequent need to encourage the construction of homes affordable by such persons and otherwise to increase the housing supply in the County for such persons; and WHEREAS, the Board of Supervisors of the County has adopted Ordinance No. 2496 on November 17, 1980, declaring its intent to engage in a home mortgage finance program (the "Program") pursuant to Chapters 1 through 5 of Part 5 of Division 31 of the Health and Safety Code of the State of Califomia (the "Act") and to issue bonds and mortgage credit certificates pursuant to the Act in furtherance of the Program; and WHEREAS, County's Department of Economic and Community Development (the "Department") has requested cities within the boundary of the County of San Bernardino that are interested in participating in the Program (the "Cities") express such interest by finding and determining that it is in the best interest of such Cities to adopt the Program and to consent to the operation of the Program by the County within the geographic boundaries of the Cities pursuant to the Act and the Department expect such Cities to participate in the Program; and WHEREAS, Section 146 of the Internal Revenue Code of 1986 (the "Code") limits the amount of qualified mortgage bonds that may be issued in any calendar year by entities within a state and authorizes the legislature of such state to provide the method of allocating authority to issue qualified mortgage bonds within such state; and WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State of California governs the allocation in the State of California (the "State") of the state ceiling established by Section 146 of the Code among governmental units having the authority to issue qualified mortgage bonds; and 1/09/01 mil 009 RESOLUTION NO. 2001-24 January 9, 2001 Page 2 of 4 WHEREAS, Section 8869.85 of the Government Code requires a local agency to file an application for a portion of the state ceiling with or upon the direction of the California Debt Limit Allocation Committee ("CDLAC") prior to the issuance of qualified mortgage bonds or mortgage credit certificates; and WHEREAS, it is expected that various Cities will determine to assign to the County pursuant to Section 8869.85(d) of the Government Code any portion of the State ceiling for private activity bonds which will be allocated to each of them on or after January 1, 2001 by CDLAC for qualified mortgage bonds; and WHEREAS, CDLAC has added the Extra Credit Teacher Home Purchase Program (ECTHPP) as an eligible use for private activity bonds and now approves allocations for the ECTHPP as well as for the Single Family Home Mortgage Revenue Bond Program; and WHERAS, the County has implemented a local Teacher Program that meets the guidelines established by CDLAC for the ECTHPP, and the County intends to make its Teacher Program available countywide based on the Cooperative Agreements with Cities; and WHEREAS, the extension to the Cooperative Agreements that was approved on December 7, 1999 allowed the County to act on behalf of all cities in joining the California Cities Home Ownership Authority (CCHOA) and in doing so made the CCHOA Lease Purchase Program available countywide; and WHEREAS, the County anticipates that from time to time, it will have the opportunity to implement other programs which may be made available countywide based on the Cooperative Agreements with cities; and WHEREAS, the County anticipates that the programs now available countywide under the Cooperative Agreements, and any programs added in the future under the Cooperative Agreements will continue to be available countywide so long as future funding is available; NOW, THEREFORE, BE IT ORDERED by the Board of Supervisors of the County of San Bernardino as follows: Section 1. Each city listed on Attachment A hereto (the "Cities") has entered into a Cooperative Agreement with the County (collectively, the "1995 Agreements"). The 1995 Agreements provided for the assignment of any single family mortgage revenue bond allocation for 1995. For subsequent years through 2000, all of the cities have approved and executed letters providing for the extension of the 1995 Agreements 1/09/01 mil 009 RESOLUTION NO. 2001-24 January 9, 2001 Page 3of4 (collectively, the 1995 Agreements and the extension are hereinafter the "Agreements") and the assignment of single family mortgage revenue bond allocations through December 31, 2000. In order to make such Agreements applicable to all future single family mortgage revenue bond allocations, the Chairman of the Board of Supervisors (the "Chairman"), or the Director of the Department of Economic and Community Development (the "Director"), or the Director's designee, is hereby authorized and directed, for and in the name and on behalf of the County, to take the necessary steps and make the necessary additions to or changes in the Agreements deemed necessary or advisable in order to make the Agreements applicable to mortgage revenue bond allocations in 2001 and future years. Section 2. The Chairman, or the Director, or the Director's designee, is hereby authorized and directed, for and in the name and on behalf of the County, to submit applications, and such other documents as may be required, to CDLAC pursuant to Government Code Section 8869.85 for the maximum allocation permitted to a local agency each year for qualified mortgage bonds. Section 3. The Chairman, or the Director, or the Director's designee, is hereby authorized and directed, for and in the name and on behalf of the County, to accept the assignment by the Cities of any allocation for qualified mortgage bonds which the Cities receive on or after January 1, 2001 from CDLAC pursuant to Section 146 of the Code, Section 8869.85 of the Government Code and Section 4 of the Agreements. Section 4. This Resolution shall take effect immediately upon its adoption. 1/09/01 mll 009 RESOLUTION NO. 2001-24 January 9, 2001 Page 4of4 The foregoing resolution was passed and adopted by the Board of Supervisors on January 9, 2001, by the following vote: AYES: SUPERVISORS: Postmus, Mikels, Hansberger, Aguiar NOES: SUPERVISORS: None ABSENT: SUPERVISORS: Eaves STATE OF CALIFORNIA ) )ss. COUNTY OF SAN BERNARDINO) I, J. RENEE BASTIAN, Interim Clerk of the Board of Supervisors of the County of San Bernardino, State of California, hereby certify the foregoing to be a full, true and correct copy of the record of the action taken by said Board of Supervisors, by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of January 9, 2001. J. RENEE BASTIAN Interim Clerk of the Board By: 1/09/01 mll 009 ATTACHMENT A LIST OF PARTICIPATING CITIES ADELANTO TOWN OF APPLE VALLEY BARSTOW BIG BEAR LAKE CHINO CHINO HILLS COLTON FONTANA GRAND IbRRACE HESPERIA HIGHLAND LOMA LINDA MONTCLAIR NEEDLES ONTARIO RANCHO CUCAMONGA REDLANDS RIALTO SAN BERNARDINO TWENTY-NINE PALMS UPLAND VICTORVILLE YUCAIPA TOWN OF YUCCA VALLEY 1/09/01 mll 009 FOR COUNTY USE ONLY County of San Bernardino FAS CONTRACT TRANSMITTAL N New Vendor Code SC Dept. Contract Number County Department Dept. Orgn. Economic & Community Development ECD Contractor's License No. County Department Contract Representative Telephone Thomas R. Laurin, Director (909)388-0808 Total Contract Amount Non -Monetary Contract ❑ Revenue ❑ Encumbered ❑ Unencumbered Type 13 Other: Coop Agreement / Homeownership Programs type, reason: If not encumbered or revenue Commodity Code contract provide Contract Start Date Contract End Date Original Amount Amendment Amount Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization 1 Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Fund Dept. Organization i Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount Project Name Cooperative Agreement for Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D Single Family Home Mortgage Revenue Bond Program CONTRACTOR City of Redlands Federal ID No. or Social Security No. 95-6000766 Contractor's Representative John Davidson, City Manager Address PO Box 3005, Redlands, CA 92373 Nature of Contract: (Briefly describe the general terms of the contract) Phone (909) 798-7500 Resolution 95-09, adopted on January 24, 1995, by the Board of Supervisors, approved Cooperative Agreements with all 24 Incorporated Cities/Towns within the boundaries of San Bernardino County to meet state requirements relative to the County's Single Family Home Mortgage Revenue Bond Program. In subsequent years; amendments which extended the term of the Cooperative Agreements for an additional year, were also executed, -,by the 24 incorporated Cities/Towns and were subsequently approved by the Board of Supervisors. In February of 2000, the County joined the California Cities Home Ownership Authority (CCHOA) in order to make a new Lease Purchase Program available to perspective County residents. The Cooperative Agreements with Cities/Towns were amendedb include the CCHOA;Lease Purchase Program. On January 9, 2001, the Board of Supervisors approved Resolution 01-24, which provided: for the`: Cooperative Agreements to be renewed automatically each year and to automatically: cover any new homeownership programs that might be developed and/or implemented by the County, if the program iseligible to be offered Countywide under a Cooperative Agreement. The attached updated and expanded Cooperative Agreement incorporates the provisions included in Resolution 01-24, and replaced the 1995 Cooperative Agreement' between"the County and the City, of Redlands, (Attach this transmittal to all contracts not prepared onlhe"Standard Contract" form.) Reviewed as to Contr t C mpliance Ap• oved as to -gal F•r (sign in blue ink) 10-i+���� it County Couny /�. Date - L r—`f—�J� Date Presented to BOS for Signature 10 apartment He Date Auditor/Controller-Recorder Use Only 0 Contract Database 0 FAS Input Date Keyed By COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF REDLANDS COUNTY OF SAN BERNARDINO SINGLE FAMILY HOME MORTGAGE REVENUE BONDS AND RELATED HOME FINANCE PROGRAMS THIS COOPERATIVE AGREEMENT ("Agreement") made and entered into as of this 2nd day of January, 2002, by and between the County of San Bernardino, a political subdivision of the State of California ("County") and the City of Redlands ("City"). WITNESSETH: WHEREAS, Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Financing Act") commencing with Section 52000 of the Health and Safety Code authorize counties and cities under the Act to issue revenue bonds for the purpose of financing home mortgages authorized by the Act, and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Refunding Act," and, together with the Financing Act, the "Act"), commending with Section 53570 of the Government Code, authorizes the County to issue bonds to refund its revenue bonds previously issued to finance home mortgages under the Act; WHEREAS, the County is authorized pursuant to the Act to finance home mortgages with respect to property located within the geographic boundaries of said counties and cities; WHEREAS, the County has determined to engage in a home financing program within the geographic boundaries of the County pursuant to the Act, in connection with the construction, acquisition, rehabilitation or improvement of homes in the County, all as provided for in the Act; WHEREAS, the Board of Supervisors of the County adopted Ordinance No. 2496 on November 17, 1980, declaring its intent to engage in a home mortgage fmance program (the "Program") pursuant to the Financing Act and to issue indebtedness pursuant to the Act in furtherance of the Program; WHEREAS, the County has determined to finance the Program by, among other actions, the issuance of "County of San Bernardino Single Family Home Mortgage Revenue Bonds" or "Refunding Bonds" (collectively, the "Bonds"), in one or more series and in such amounts, to be determined at a later date as authorized by the Act and the Internal Revenue Code of 1986 (the "Code") and by taking any other actions necessary to support the Program, including the implementation of the Additional Program(s) as defined herein; WHEREAS, prior to the effective date of this Agreement, the City has entered into a Cooperative Agreement ("Existing Cooperative Agreement") with the County with respect to the Program and has agreed to extensions of the Existing Cooperative Agreement pursuant to the letters ("Extension Letters") provided by the County from time to time, and, in addition, the scope of the Prior Cooperative Agreement has been expanded pursuant to the teiuis of such Extension Letters to include certain Additional Programs; WHEREAS, the City, pursuant to the Act, has adopted the Program and the Additional Programs pursuant to Resolution No. 5992, and has determined to cooperate with the County pursuant to the Act in the exercise of its powers under the Act for the purposes of the Program and the Additional Programs; NOW THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: Section 1. The teiins used in this Agreement shall, for all purposes of this Agreement, unless otherwise defined herein, have the meaning assigned to such terms in the Act. Section 2. The County agrees to undertake the Program and the Additional Programs, and to issue securities therefore pursuant to the Act and in the Code from time to time to the extent that the County receives allocations from the State, or in order to refund certain outstanding Bonds, or as otherwise legally periuitted. Section 3. The City hereby agrees to cooperate with the County in the exercise jointly or otherwise of their powers for the purpose of financing home mortgages under the Program and the Additional Programs, by agreeing that the County shall exercise such powers to make or acquire home mortgages under the Program, or perform related actions under the Additional Programs, or to refund such securities, all as more specifically set forth in the Act, with respect to property located within the geographic boundaries of the City. Section 4. The City, pursuant to Section 8869.85(d) ofthe Government code ofthe State of California and solely with respect to single family home mortgage bond allocation, hereby assigns to the County any portion of the State ceiling for private activity bonds allocated to the City by the California Debt Limitation Allocation Committee ("CDLAC") pursuant to Section 146 of the Internal Revenue Code of 1986 and Section 8869.85 of the Government Code, to the extent such allocable amount is allocated directly or indirectly to the City either in conjunction with an application filed by the City, or an application filed by the County. Such assignment is solely for use by the County to provided financing for properties located within the territory of the City or of the County. Section 5. The City agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and the intent of this Agreement. Nothing in this Agreement shall prevent the County from entering into one or more agreements with other political subdivisions within the County, if deemed necessary and advisable to do so by the County. with respect to the County' s right to apply for and receive allocation in conjunction with the rights provided in the Agreement, until the terms of this Agreement have been terminated in writing by the City; provided (a) that prior to an application by the County requesting an allocation the County shall provide the City notice of its intent to continue the terms of this Agreement and (b) the County shall not have received within 10 days of such notice written notice from the City terminating the provisions of this Agreement applicable to such application; (iii) with respect to any Additional Programs in conjunction with the rights provided in this Agreement, until the County receives written notice from the City terminating such Additional Programs; and (iv) until the County receives written notice of termination of this Agreement on a date that is at least 10 business days from the day of such notice, provided the other provisions of this Agreement are not violated. Section 8. This Agreement shall take effect from and after its adoption. COUNTY OF SAN BERNARDINO By: hoimas ' . La in, Director Depart en .f Economic and Community Development By: CITY OF REDLANDS 7e l / By: Attest: Attest: stian, Clerk of the Board Karl N. Haws, Mayor LorriyPoyzer, C y le�il: RESOLUTION NO. 5992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA APPROVING A HOME MORTGAGE FINANCE PROGRAM AND ADDITIONAL HOME FINANCE PROGRAMS IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY. WHEREAS, there is a shortage in the County of San Bernardino (the "County") and in the City of decent, safe and sanitary housing, particularly housing affordable by persons inthe lower end of the purchasing spectrum, and a consequent need to encourage the construction of homes affordable by such persons and otherwise to increase the housing supply in the County and in the City for such persons; and WHEREAS, Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Financing Act") commencing with Section 52000 of the Health and Safety Code authorize counties and cities under the Act to issue revenue bonds for the purpose of financing home mortgages authorized by the Act, and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Refunding Act," and, together with the Financing Act, the "Act"), commending with Section 53570 of the Government Code, authorizes the County to issue bonds to refund its revenue bonds previously issued to finance home mortgages under the Act; and WHEREAS, the County has determined to engage in a home financing program within the geographic boundaries of the County and certain cooperating cities pursuant to the Act, in connection with the construction, acquisition, rehabilitation or improvement ofhomes inthe County, all as provided for in the Act; and WHEREAS, the Board of Supervisors of the County adopted Ordinance No. 2496 on November 17, 1980, declaring its intent to engage in a home mortgage finance program (the "Program") pursuant to the Financing Act and to issue indebtedness pursuant to the Act in furtherance of the Program; and WHEREAS, pursuant to the Act and other laws of the State of California, the County has (a) created the Extra Credit Teacher Home Purchase Program (the "Teacher Program") that provides home mortgages to qualified teachers or principals who meet certain conditions and issues $14,23 5,000 of bonds (the "Teacher Bonds") after providing notice to the City; (b) with the consent of all participating cities the County on its behalf and on behalf of the participating cities entered into a joint powers agreement ("JPA") under the Marks -Roos Local Bond Pooling Act of 1985 (Government Code 6584 et seq.) With the California Cities Home Ownership Authority (CCHOA) thereby permitting an existing CCHOA Lease Purchase Program to be available in the County; and" (c) issued $500,000 of its Taxable Single Family Home Mortgage Revenue Notes (Fannie Mae Down Payment Assistance Program), 2001 Series A (the "2001 Notes") to create a down payment Section 4. The offices and employees of the City 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. ADOPTED, SIGNED AND APPROVED this 2nd day of January, 2002. Mayor, City of Redlands ATTEST: I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 2nd day of January, 2002, by the following vote: AYES: Councilmenbers Peppler, George, Gilbreath, Harrison; Mayor Haws NOES: None ABSTAIN: None ABSENT: None City Clerk