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HomeMy WebLinkAbout4.07 Mortgage Credit Certificate Program (000-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 13, 1989 SUBJECT: Agreement with Alameda County regarding Mortgage Credit Certificate (MCC) Program EXHIBITS ATTACHED: Exhibit A: Letter from John Shepherd, Assistant Planning Director, Alameda County Housing and Community Development with draft resolution and draft agreement Attachment 1: January 23, 1989 City Council Agenda Statement regarding Alameda County Homeownership Assistance Program RECOMMENDATION: 1) Adopt resolution authorizing Mayor to sign agreement for Mortgage Credit Certificate Program 2 Authorize additional appropriation ro riation of $4, 000 to Planning Contract Services account FINANCIAL STATEMENT: The cost to the City of establishing the program will not exceed $4, 000. An additional appropriation from the unallocated reserves will be required. DESCRIPTION: In January 1989 , the City Council indicated interest in participating in a Joint County-Cities Mortgage Credit Certificate (MCC) Program to assist first-time home buyers. To proceed with establishing the program, the City needs to enter into an agreement with Alameda County. After the agreement is completed, the County will apply to the State for an allocation. The State has indicated it will make the first allocations under the program in March 1989 . ----------------------------------------------------------------- ITEM NO. HCD ALAMEDA COUNTY PLANNING DEPARTMENT Housing & Community Development Program January 30, 1989 Larry Tong City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Mr. Tong: SUBJECT: Resolution and Cooperative Agreement with County to Implement Mortgage Credit Certificate (MCC) Program In response to the survey we conducted in December, 1988, eleven cities indicated an interest in participating with the County in a Mortgage Credit Certificate (,"CC) Program for first-time homebuyers. Based upon the response, we plan to apply to the State for an allocation of approximately $60 million. As the next step in proceeding with the implementation of the Program, each city must adopt the enclosed resolution which includes as Exhibit A a cooperative agreement with the Cou-�ty. The resolution authorizes submission of an analication to the State for an allocation for issuance of ZNEC's, the transfer of t':e _ allocation to the County and payment of a portion of costs of establishing the 'r-C Program, not to exceed $4,000. On January 25, 1989, the California Debt Limit Allocation Committee (CDLAC) held its first meeting for 1989 and indicated that it would make the first allocations for the year at its March meeting. To be considered for an allocation at the March meeting, applications must be submitted by March 1 at 5:00 p.m. To meet the State deadline, we must receive the adopted resolution and executed agreement no later than Friday, February 24_, 1989. To provide more information about the program and discuss the next steps in th° program, we have scheduled a meeting *for Monday, February 6, 1989, from 11:00 to noon in Room 176, 22=4 Viest �-Iinton Avenue, Havward. If you have any questions or need more information t-efore the meeting, give me a call. Sincerely, DEB � fl «,. �; 198 ' John N. Shecherd Assistant. Planning Director Housing & Community Development JNS/dvs:1223H _ 1S r: HIBIT 224 W.WINTON AVENUE• ROOiNI 169•HAYWARD,CA 9-:544.415/670-5404 RESOLUTION NO. A RESOLUTION APPPOIIPIG A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF ALANEDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY OF A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ALA4EDA AND THE CITY OF AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN ALLOCATION FOR ISSUANCE OF.MORTGAGE CREDIT CERTIFICATES, AUTHORIZING THE TRA11SFER OF SUCH ALLOCATION TO THE COUNTY OF ALAMEDA AND AUTHORIZING A CONTRIBUTION TO THE COUNTY OF ALA4EDA FOR THE PAYMENT OF A PORTION OF THE COSTS OF ESTABLISHING SUCH MORTGAGE CREDIT CERTIFICATE PROGRAM. WHEREAS, there is a shortage in the County of Alameda (the "County") and in the City of (the "City") of decent, safe and sanitary housing, affordable by persons in the lower end of the home purchasing spectrum, and a consequent need to provide assistance to such persons for the financing of homes in the County and in the City; and WHEREAS, the Board of Supervisors of the County intends to provide for a home mortgage credit certificate program (the "Program") pursuant to Chapter 3.5 of Part 1 of Division 31 of the Health and Safety Code of the State of California (the "Act") and to issue mortgage credit certificates, pursuant to the Act and Section 25 of the Internal Revenue Code of 1986, as amended (the "Code") , to assist in the financing of homes in the County and in the City for persons in the lower end of the home purchasing spectrum; and WHEREAS, the Council finds and determines that it is in the best interest of the City to adopt the Program in conjunction with the County and to consent to the operation of the Program by the County within the geographic boundaries of the City; and WHEREAS, Sections 25 and 146 of the Code limit the amount of mortgage credit certificates that may be issued in any calendar year by entities within a state and authorize the legislature of each state to provide the method of allocating authority to issue mortgage credit certificate within such state; and IvIIEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State of California (the "Government Code") governs the allocation in the State of California of the state ceiling (as that term is defined in the Government Code) among governmental units having the authority to issue mortgage credit certificates; and IgIIERGi\S, 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 (the "Committee") prior to issuing r-.ortgage credit certificates; and -1- _ l for a portion of the state WHEREAS, sign City has determined to apply A on behalf of the n to the County, to authorize th.. County ceiling and to as sig pursuant to Section 8869.85 (d) of for a portion of the state ceiling, P of authority to issue mortgage City �, the total amount, if any, the Government ode, b the C ►ittee; credit certificates allocated to the City y council of the City NOW, BE IT RESOLVED, by the , as follows: of ur se of providing is the Program for the p P° 1. The City hereby adop persons in the lower end of the home of homes for Pe and consents to the, assistance in the financing proper rt located purchasing spectrum in the County and in the respect to all p Pe Y operation of the Program by the County within the geographic boundaries of the City. Cooperative Agreement between the County and the City (the 2. The PP ,� ti which is attached hereto as Exhibit A, is "Agreement") , a copy Clerk are hereby authorized and directed approved, and the Mayor and City liver said Agreement, for and in the name and on behalf of the execute and deliver the advice and consent of the City Attorney, is City. The Mayor, deems authorized to approve any additions and consenteoflthe City rAttorney, d Agree o with the advice to be Agreement which h-� his approval of such add�yions or changes as so necessary or advisable, the t•._ or of said Agreement conclusively evidenced by the execution by added to or changed. is hereby authorized, on behalf of t:° 3 . The ?�' submit or his designee, y be City, either to submit an application, and such otheildocuments behalf of the for an allocation of a required or to autrdirectionooft the oCommitteeT, f or an the maximum amount City, to or upon the in an amount not to exceed portion of the state ceiling,for application towards the issuance of mortgage ad for which a City may apply' n consultation with the certificates, the final detetmhistdesigneeheupo unt to be so applied credit the Mayor o for to be deteiadmibistrators. County's Program on behalf of the nested hereby, or so much 4. The ,4ayor or his authorizeebo betreglze ount which City, to transfer the allocation b the Ccnmittee, to the C Y thereof as is allocated to the City y credit certificates in order to will use such allocation to issue mortgage n of homes throughout the County for persons in the g assist in the financing purchasing spectrum. lower end of the home p 1e roper officers of the City are hereby au u exceed $4,000,sasrthe 5, The proper an amo f the costs of establishing the Program. The final amount of to or upon the direction of the rh P officers of the City upon City's share o such p such payment shall be determined by administrators. consultation with the County s Program 6. The Mayor, with the advice 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 he may deem necessary or appropriate to carry out the purpose and intent of the Agreement or to cooperate in the implementation of the Program, including, without limitation, the application to or upon the direction of the Committee for an allocation of a portion of the state ceiling for the issuance of mortgage credit certificates and the transfer officers of such theallocation con�ectionowith.thell previous actions taken by the Program and the actions authorized hereby are hereby ratified and approved. 7. This Resolution shall take effect immediately upon its adoption. PASSED, APPP,OVED AND ADOPTED this day of 1989, by the following vote: Ayes: Noes: Absent: Mayor ATTEST: City Clerk (SEAL) -3- 1 _ EXHIBIT A COOPERATIVE AGREEMENT BE'nIEEN THE COUNTY OF ALAMEDA AND THE CITY OF THIS COOPERATIVE AGREEMENT (this "Agreement") , made and entered into as of ,1989, by and between the County of Alameda, a political subdivision of the State of California (the "County") , and the City of a political subdivision of the State of California (the "City") . W I T N E S S E T H: WHEREAS, the County has determined to engage in a mortgage credit certificate program pursuant to Chapter 3.5 of Part 1 of Division 31 of the Health and Safety Code of the State of California (the "Act") to issue mortgage credit certificates to provide assistance in the financing of homes for persons in the lower end of the home purchasing spectrum in the County and the City, pursuant to the Act (the "Program") ; and WHEREAS, the County has established the Program pursuant to the Act and has determined to cooperate with the City in the exercise of its powers under the Act for purposes of the Program; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: SECTION 1. The County agrees to undertake the Program and to issue mortgage credit certificates thereunder pursuant to the Act. SECTION 2. The City hereby agrees to cooperate with the County in the exercise jointly or otherwise of their powers for the purpose of assisting in the financing of homes pursuant to the Act by agreeing that the County shall exercise its powers under the Program, all as more specifically set forth in the act, with respect to property located within the geographic boundaries of the City. In particular, and without limiting the foregoing, the City agrees, on the request of the County, either to apply or to authorize the County to appropriate on behalf of the City, in accordance with Section 8869.85 of the Government Code, for an allocation of the state ceiling to issue mortgage credit certificates and to transfer any such allocation received to the County under the terms of Section 8869.85(d) of the Government Code. SECTION 3. The City agrees to undertake such further proceedings or actions as may be necessary in order to carry out the terms and -4- v - �..0 ..a:.l��.,,'���l I�yF'! �' � 'ST _ �L"Y.ir:U ��1�'�..i+.•' �. 7 C J the intent of this Agreement. Nothing in this Agreement shall prevent th County from entering into one or more agreements with other subdivisions within the County, if deemed necessary e the County. Political Y and advisable to do so by SECTION 4. This Agreement may be amended by one or more supplemental agreements executed by the County and the City at an time except that no such amendment or supplement shall be made which shall adversely affect the rights of the holders of an issued by the county pursuant to the Act in conn ctiongwithCthelprogCrtificates am. SECTION 5. This Agreement shall continue in effect throughout the period duri-n—g—which the County is empowered to engage in mortgage certificate program pursuant to the Act, provided however, that the City decline to cooperate with the County under this Agreement, connection with credit any such program of the County, upon notice to the Count 9 ment, in Y aY within 15 days of receipt of notice from the Count Y to that effect in a mortgage credit certificate r ram. Y of its intention to engage be given to the City at least 31 days Such notice from the County shall ment of an mortgage credit certificate programy prior to the establish . y such IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officer authorized, and their official seals to be hereunto affixed, thereunto duly first above written. ed, all as of the day COUNTY Of ALA111EDA CITY OF By By Title Mayor ATTEST ATTEST: By By Title City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By County Counsel By City Attorney 0429h -5- AGENDA STATEMENT P CITY COUNCIL MEETING DATE: -January 23, 1989 K SUBJECT: Alameda County Homeownership Assistance Program Report Prepared by Laurence L. Tong, Planning Director EXHIBITS ATTACHED: Exhibit A: Letter from John Shepherd, Asst. Planning Director, �W =~ s Alameda County Housing & Community Development Program RECOM14ENDATION: 1) Indicate interest in participating in the Mortgage Ce rtificate - -Credit Ceificate Program 2) Indicate no interest at this ti-.' e in Supplemental the Mortgage Assistance Program FINANCIAL STATEI—ENT: None at this time. Up to $4,000 one- time start up cost for Mortgage Credit Certificate Procran DESCRIPTION: Alameda County is designing a joint County-cities program to assist first time homebuyers. The federal Technical Corrections and Miscellaneous Revenue Act of 1988 authorizes the issuance of Mortgage Credit Certificates (MCC's) during 1989. The MCC program would allow the homebuyer a tax credit against federal personal income tax The tax credit under the proposed program would be 20% of the annual mortgage interest. The tax credit would be in addition to the usual deduction of mortgage interest from gross income before calculating federal income tax. The homebuyer can use the remaining 80% of the mortgage interest amount as a deduction in the usual manner. Eligible homes would be existing homes under $149,400 and new homes under $159,300. Eligible purchasers would be first time buyers with incomes under $43,100 for one and two person households. The program would reduce the homebuyer's total net payment liability and make it possible to purchase a home that he/she might not otherwise be able to afford. Each participating city would he able to identify target neighborhoods and/or populations for the first 9-12 months of the 18 month program. After the initial period, the 11CC program would be available anywhere in the county where overall program guidelines would be allowed. Benefits from the joint County-cities prcgram would be the joint, coordinated application process, central administration of the program by the County, sharing of start up costs, and a coordinated lender outreach and education prcgram. After a relatively modest start up expense, expected not to exceed $4,000 per participating agency, the MCC program would be costless to the City. Additional information regarding the MCC Program is attached (See Exhibit "All) . In addition to the MCC Program, Alameda County is exploring possible interest in a Supplemental Mortgage Assistance Program. Two examples of supplemental mortage assistance techniques are: ---- TTA P ---------------------------------- ITEM NO. c in OPIES TO: Planning . 9 ILW§arfi Ti ! ou ld � Y� "' ,���,�� i �,53 .r�.• + s �,�,� ,.4''� 5z,,t,:�1 Yt _ . s` 1) Deferred�Pa entf8ecohd Mort a eat"it payments'�idefe'rr r_oy de'»Yunds�forzasseeond%mortg q Y, y p ', •s ° ThewCity would ultimately recover the�funds1plua eferred interest n r rovides"'°� 2) Firat'aMortaageAntere`stt abu£down�'1w&qa to no funds gfor°a tlmortgage ra Y ..�.�.. recoup zany of�'-theWunds. Additional information regarding the Supplemental Mortgage � _ YI Assistance Program is attached (See Exhibit "A°) ' nterest'in Staff recommends that the City Council;indicate its i - Participating Staff the MCC therrrecommendsIthat the�City Pquncil �1 " start'up cost: Staff furt i indicate that it is hot-interested at'this .tim-.lac ho f Supplemental mortgage Assistance Program due to lack:of'funds. fi y t , Wall-11, ' a fit "'Gr�<yi'• M+d �'S'ei�: x g�' M„�s,rrfy -',,.�<�^!e f% b° �.�W�.,�''�'a,4y`,`•;$�sFtk _ . � r: W fi• y t.. v ey.'r� ��+r�C 1. x�� �t�r1y��}Mrl��ac�i.'1 Y f • f::-titja'Trr,i.;3 �}} Y ♦� )s• l r q�t 3.ru tY F�.1.X tai 1t ; - !. r '� h art • y f71�t 1 }4}� .rt ✓ 7 g�> bra !sN i i r._t4•{,.}..t.` 'w{L°r'c•a r.,_Y'�°t' }. � C>~ �, 1%nom 1 Y'�,'�':. �3�. •. s'G �,��s�Ya+. ,L�yi!'3(✓t f•�7 S•xs 3.�t.+tstrs z � 'F• P T it>N 7m 5 . 3 `- `r te%14•� z 5j�\' .r� 1 .k-1 1 !;4 �, YiT l?' 1.T3.>• -,t''y�•;.a. .i4o •Tti Sa77 A ,�ti w ,'�Yc.lc'��a E��'.�.ate-<3��.*v7t-t.r�. rrW.lr,.vlT�ri, t _ _.....,.,..,n.....,....�.,.�.,,•.,,.,..---�.,�.�,��...:.�..�,,.-.......-,..-........-....a�-..._,.n......,,�..,��......,.•.,�...-4...-...,,...........................,,...,......._,