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HomeMy WebLinkAboutMINUTES - 07081997 - C56-C60 C. 56 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Richard J. Martinez, Executive Director DATE: July 15, 1997 SUBJECT: HOUSING AUTHORITY INSURANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ACCEPT information regarding the Housing Authority of the County of Contra Costa's insurance. II. FINANCIAL IMPACT: None. III. REASONS FOR RECOMMENDATION/BACKGROUND California Housing Authority Risk Management Agency(CHARMA)carries the general liability insurance for the Housing Authority of the County of Contra Costa. The Housing Authority has a$500,000 per occurrence limit with a$25,000 Self-Insured Retention(SIR)through CHARMA. Excess insurance from$500,000 to$5,500,000 is carried through Housing Authorities Risk Retention Group(HARRG). Carl Warren&Co. is the third party administrator(TPA)for our general liability and the adjuster assigned to our claims is Mr. Rich Miller. During the 1995/96 Fiscal Year one loss,amounting to$14,561.00 was paid. This insurance renews in June each year. Under this policy, the Housing Authority also enjoys the following: $100,000 per occurrence and$1,000,000 in the aggregate for occurrence in excess of our SIR of LAW ENFORCEMENT LIABILITY. $250,000 per occurrence and$1,000,000 in the aggregate for all occurences in excesses of our SIR of PUBLIC OFFICIALS' LIABILITY. AUTOMOBILE LIABILITY INSURANCE The automobile liability of the Housing Authority of the County of Contra Costa is carried through Fireman's Fund. Vehicles up to four years old are covered by collision. There is a$500 deductible on collision for covered vehicles and a deductible of$250 for comprehensive on all vehicles. Fireman's Fund affords us Combined Single Limit Liability in the amount of$1,500,000. ISU of San Francisco is our agent and Tracy Burns is our Account Manager. This insurance renews in October of each year. During the 1995/96 Fiscal Year no losses were paid out. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON L„_L,,, 15- q9 7 APPROVED AS RECOMMENDED V/ OTHER VOTE OF COMMISSIONERS / I HEREBY CERTIFY THAT THIS IS A ✓ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED k4•y IL B TC LOR, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY DEPUTY bo-ins C. 5� ALL RISK PROPERTY COVERAGE This insurance is carried through CHARMA and Housing Authorities Property Insurance(HAPI). Our policy has a total building and personal property replacement value of$62,667,000 with an on replacement per cost basis. Losses are to be reported to Rita E. Wade at H.I.S.,and an adjuster is assigned for each loss. This insurance renews in June of each year. During the 1995/96 Fiscal Year no losses were paid out. BOILER AND MACHINERY COVERAGE The Travelers Insurance Company carries this insurance,on the boiler at CA011011,through H.I.S. The policy limit is $50,000,000 with a$1,000 deductible. This policy renews in May of each year. During the 1995/96 Fiscal Year no losses were paid out. FIDELITY BLANKET POSITION BOND ITT Hartford carries this insurance for the Housing Authority with a limit of insurance per loss of$250,000 for employee dishonesty. The policy carries a$1,000 deductible. While the insurance is carried through ITT Hartford,H.I.S. arranged this coverage to insure that adequate fidelity insurance was available for the Housing Authorities insured by H.A.I. This policy renews in July of each year.During the 1995/96 Fiscal Year no losses were paid out. VOLUNTEER AND COURT REFERRED VOLUNTEER INSURANCE These policies are carried through the CIMA Companies, Inc. The limit of insurance is$1,000,000 each occurrence or $3,000,000 annual aggregate for personal liability and property damage by volunteers. The accidental bodily injury portion per insured is$2,500,with a medical indemnity of$25,000. This insurance renews in July of each year. During the 1995/96 Fiscal Year no losses were paid out. FEDERAL FLOOD INSURANCE The Housing Authority of the County of Contra Costa carries flood insurance on its Alhambra Terrace and Las Deltas developments. This insurance is through the National Flood Insurance Program and is brokered by Wasserman&Associates, Steven K.Berg,Agent. The policies are individual by unit and the limits of insurance are individual by unit,with the majority of the units being covered by$15,000 with a$1,000 deductible. This insurance renews in September each year.During the 1995/96 Fiscal Year no losses were paid out. CALIFORNIA HOUSING WORKERS' COMPENSATION AGENCY Workers' Compensation Insurance for this agency is carried through CHWCA and is handled at the Housing Authority by Cathleen Hammonds. Athens Administrators is the third party administrator(TPA)and Michelle Partida is the lead adjuster assigned to this Housing Authority. This insurance renews in January of each year. bo-ins C.S1 Contra TO: REDEVELOPMENT AGENCY/BOARD OF SUPERVISORS :� Costr /a� FROM: Phil Batchelor, Executive Director h County Harvey E. Bragdon, Director of Community Development DATE: July 15, 1997 SUBJECT: Contra Costa County Technical Assistance Contract SPECIFIC REQUEST(S) OR RECOMMENDATION'S(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the DEPUTY Director - Redevelopment, on behalf of the Contra Costa County Redevelopment Agency, to execute a Technical Assistance contract with Contra Costa County for Fiscal Year 1997-98; and AUTHORIZE the Director of Community Development or his designee, on behalf of Contra Costa County, to execute a Technical Assistance contract with the Contra Costa County Redevelopment Agency for Fiscal Year 1997-98. FISCAL IMPACT The Redevelopment Agency would use tax increment funds to make reimbursements to the County Community Development Department for transportation planning services rendered in conjunction with Redevelopment implementation. BACKGROUND/REASONS FOR RECOMMENDATIONS In implementing its five redevelopment programs, Agency staff from time to time requires the services of the County's Community Development Department's Transportation Planning Division to provide technical assistance and information. The work program is expected to be primarily related to the Pleasant Hill BART Station amendments. In order to reimburse the County Community Development Department for costs incurred, a contract not to exceed $25,000 is recommended for Fiscal Year 1997-98. CONTINUED ON ATTACHMENT: —YES SIGNATURE: �i,� _RECOMMENDATION OF EXECUTIVE DIRECTOR ECOMM ATION OF GENCY COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF AGENCY ONL„Lu_ 1 �7 APPROVED AS RECOMMENDED OTHER_ VOTE OF COMMISSIONERS / I HEREBY CERTIFY THAT THIS IS A J UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Jim Kennedy p- 335-1255 ATTESTED �i 15. /917 cc: County Administrator PHIL BATCHH O�ELORRU County Counsel AGENCY SECRETARY Community Development Redevelopment Agency B , DEPUTY JK:Ih =26/cddoont.bos C.58 _ Contra TO: REDEVELOPMENT AGENCY Costa FROM: Phil Batchelor County Executive Director DATE: July 15, 1997 SUBJECT: Legislative Amendments for Loans to First-Time Homebuyers SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Chair to execute a letter to Assemblyman Torlakson requesting various amendments to the California Civil Code to better accommodate loans by redevelopment agencies to first-time homebuyers. FISCAL IMPACT No general fund impact. The proposed amendments would provide additional financial protection for redevelopment agency loans to first-time homebuyers. BACKGROUND/REASONS FOR RECOMMENDATIONS Redevelopment agencies in California currently run a variety of mortgage assistance programs for first-time homebuyers. The Contra Costa County Redevelopment Agency has active programs in North Richmond and Bay Point. A previous program provided first-time homebuyer assistance in Oakley. The form of financial assistance is generally in the form of a deferred second mortgage. The second mortgage is usually accompanied by a resale restriction in which the resale price is kept at affordable levels for a period of time. CONTINUED ON ATTACHMENT: XX YES SIGNATURE: _RECOMMENDATION OF EXECUTIVE DIRECTOR _ EC MMENDAT OF AGE Y COMMITTEE —APPROVE _ OTHER SIGNATURE(S): ACTION OF AGENCY ON5 1997 APPROVED AS RECOMMENDED OTHER_ VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A /UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Orig: Beth Lee 335-1256 ATTESTED �`1 cc: County Administrator PHIL EATCHELOR County Counsel AGENCY SECRETARY Redevelopment Agency via Redevelopment California Redevelopment Association BY n.Q Ii a DEPUTY JK:BL:Ih sra2611 Ame.bos (?5F These ongoing affordability goals are being defeated by mortgage lenders who agree to provide mortgages in third lien position. Since the redevelopment agency second mortgage is deferred, no payment is required initially. When payments are required, the homeowner may not be able to afford them because the sum of the first mortgage and the third mortgage exceeds available funds. To provide a solution, amendments to the California Civil Code Sections 2924.6 and 2949 are proposed. The amendments would permit agencies to prohibit junior financings in certain circumstances. Redevelopment Agency Contra Cmitiladoners JIM Rogers County Administration Bulldog Costa to District 651 Pine Street,4M Floor,North Wlog db'»B.uNkerne Martinez.California 84553-1286 County 2nd Diss Phil Batchelor Dorm Gerber FxecuSve Director E,.......... 0 3rd District Hervey E.Bragdon ` - 1Yrt DeSaWnler Assistant Executive DlreMr i, 4th District James Kennedy .toe Carrelarnllla 5M Disuict Deputy Director-nedeveloVnbnt ,. ¢ (510)646.4076 �OSr---74-11 �P July 15, 1997 Assemblyman Tom Torlakson 1 Ith Assembly District 815 Estudillo Street Martinez, CA 94553 —t�06A. I Dear Assembly r son: Redevelopment Agencies currently run a variety of programs to provide affordable housing to low and moderate income families. One type of program is a First Time Homebuyer Program which helps low and moderate income families own their own homes. The assistance to the homebuyer usually takes the form of a deferred second mortgage provided by the Agency. The purpose of the deferred second mortgage is to reduce the amount of the purchase price that the homebuyer must finance with a conventional loan, to an amount which they can affordably finance. In some programs, payment on the Agency mortgage is deferred for five years. In others, the homebuyer does not have to make payments on the Agency loan until they sell their house. The mortgage is also often accompanied by a resale restriction, that restricts the resale price to affordable levels for a certain period of time. Currently, however, the benefit of these homebuyer programs is being severely diminished by mortgage lenders who agree to provide homeowners third mortgages behind the Agency's deferred loan. These mortgages are provided without any consideration of how feasible they are for the homeowner to finance. They defeat the carefully constructed affordability goals of the Agency programs. As a result of these additional loans, the homeowner may end up spending too much of his or her income on housing costs. They then become overburdened with debt and often default on their first mortgages. In most cases the homeowner would not have been able to purchase their own home without the Agency's assistance. Yet, while the Agency has agreed (as required by law) not to receive any payments on its loan during the period while it is deferred in order to make the home purchase affordable, the third lender is immediately able to receive payments, making the home unaffordable. The sum of the loan payments on the first and third loans may them preclude repayment of the Agency Loan, while defeating the Agency goal of affordable homeownership. To provide a solution to this problem, the Contra Costa County Redevelopment Agency is proposing that the California Legislature amend sections 2924.6 and 2949 of the California Civil Code in order to permit agencies to prohibit junior financing in certain circumstances. Civil Code Section 2924.6 currently prohibits a mortgagor from accelerating the maturity date on a mortgage or deed of trust if the homeowner secures a junior mortgage on their property. The Agency proposes that the legislature amend this section so that this provision would not apply to any public agency that provides a loan secured by a deed of trust or mortgage as part of an affordable homeownership or housing rehabilitation program. The proposed amendment will permit a public agency to prohibit the homeowner from obtaining a junior mortgage where the public agency has provided a mortgage loan to a homeowner pursuant to an affordable homeownership or housing rehabilitation loan program. Similarly, Civil Code Section 2949 prohibits a mortgage or deed of trust from being defaulted or the maturity date from being accelerated, if the homeowner secures a junior mortgage or deed of trust on the property_ The Agency is proposing that the legislature also amend this section to exclude mortgages and deeds of trust provided by public agencies as part of an affordable homeownership or housing rehabilitation program. The Agency, through its First Time Homebuyer Program, is committed to providing affordable homeownership opportunities to low and moderate income families. When the Agency's assistance is effectively used to leverage a greater amount of debt financing than most homeowners in the program may have been able to obtain otherwise, the policy of affordability is undermined. Through these amendments, agencies will be able to include prohibitions against junior mortgages in their affordable housing program loan documents, thereby safeguarding the affordability of agency-assisted homes. Sincerely, ULA Mark De5aulmer Chair Contra Costa County Redevelopment Agency cc: Supervisor Rogers, District 1 Supervisor Uilkema, District 2 Supervisor Gerber, District 3 Supervisor Canciamilla, District 5 Jim Kennedy, Deputy Director-Redevelopment c:wp6O,wJ&khr.&c C.59 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 15, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulmer NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence C.59 LETTER, dated June 2, 1997, from Wendell and Mary Harper, 4151 Miflin Court, El Sobrante, CA 94803, protesting a bill from the County's Public Works Department for a sidewalk improvement. *****REFERRED TO PUBLIC WORKS DIRECTOR FOR REPORT IT IS BY THE BOARD ORDERED that the above recommendations as noted (*****) are APPROVED. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED A� Phil chelor,Cle of the Boal of Su -sots and County Administrator By (./ _ - ,Deputy c.c. Correspondents (1) Public Works Director Wendell & Mary Harper June 2. 1997 4151 :lliflin Ct. El Sobrante. Ca. 94803 RECEIVED a COUNTY Or CONTRA COSTA JUL - 31997 Board of Supen-isors 651 Pine St. Rm. 106 CtFRK BOARD OF SUPERVISOR S Martinez, California, 94553 CONTRA COSTA CO. Dear Supervisors: As owners of this property. situated at-4151 tiliffin Ct., we write board members to notice our wish to appel this matter. We also write directly to your board, for clarification. It is imperative that we know whether you support this kind of enforcement. as District Supervisors. We have recently received a bill from the County of Contra Costa's Department of Public Works, A bill for sidewalk improvement. The bill lists the f nal cost of repairs related to the sidewalk section that fronts our property. 'Ire fmal estimate has nearly quadrupled. The first cost estimate for repairing "our" sidewalk was 51200.00. But costs have swelled to nearly $4500.00. In addition, the project , was delayed until August of 1996(at least four years), assuring higher costs. We have several copies of letters from the county.. declaring that the sidewalk repairs would be done within a short time if we didn't contract for the pavement construction ourselves. 0n at least three occasions we have read the same threat, from the same source. In stating our position, we reject, categorically and unequivocally, the count}'s assertion that it is we who should be assessed for the costs of sidewalk repair. Our Appeal is based on the following facts: * The highway code related to this dispute was in effect long before we moved onto this parcel at 4151 Miflin Ct. It is your Public Works Department that dropped the ball. The County did not adhere to the node's requirements in a timely way. It did not enforce a mandate as it governs this dispute. * The sidewalk was in need of repair before we purchased the property. * The Count\ of Contra Costa is duty-bound to enforce its obligations in a timely manner. It should hold liable the appropriate owner and make them meet the code requirement. To pati for sidewalk repairs. * Upon the sale of this properly (no. 904440), the County of Contra Costa withlreld approval of the sale and transfer because county officials said the house, upon inspection, did not meet "code requirements". At that time. the condition of the sidewalk was the same... unsafe. It is then that the county should have given notice to the owners of record informing them that they are liable for sidewalld safety. County officialls should never have approved the sale with the "unsafe" sidewalk conditions. It should have intetiened and warned the buyer of the sidewalk safety problem. But county officials authorized the sale. Noone from the Count} informed the incoming owners of anything. We received a letter from the Public Works Department several years after the County allowed the Gomez family to sell the properh� and leave. The Department's letter sought to make us pay in lieu of those who are holy liable. Former homeowners of this plot. The letter said that the sidewalk fronting our property was "unsafe". Our disagreement with the county does not mean, however, that we do not intend to service this debt. That has never been our position. Our suggestion is that the county allow us to make arrangements to place monev in escrow pending the outcome of this matter. We do not waive our right to appeal this claim by the county or to take such action as we deem necessary. Before departing, I am compelled to express strong objection to the attitudes and approaches of some county officials who have operated like bullies toward us in this matter. Some of their tactics were, in our opinion, despicable, fi•anldv speaking. We trust that in the near future, we should be hearing from the county as to when a date may be agreed upon for a hearing on this dispute. We are most anxious to resolve this issue. The sooner, the better. Sincerely et e 0'l o TO: BOARD OF SUPERVISORS FROM: SUPERVISOR GAYLE B. UILKEMA f- i, Contra _ Costa DATE: July 9, 1997 County SUBJECT: REAPPOINTMENT TO THE COUNTY SERVICE AREA R-10 CITIZENS ADVISORY COMMITTEE SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION: REAPPOINT to the County Service Area R-10 Citizens Advisory Committee for a two year term ending June 30, 1999: Robert Bonovich 720 Sea Cliff Court Rodeo, CA 94572 BACKGROUND: Mr. Bonovich has continued to serve on this committee although his term expired June 30, 1997. CONTINUED ON ATTACHMENT: YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE =OTHER OTHER SIGNATURE: GAYLE B.UILKEMA ACTION OF BOARD ON July 15 1997 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT — — ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED July 15, 1997 Phil Batchelor,Clerk of the Board of Supervisors a d aunty Administrator B , DEPUTY Contact Person: CC: County Administrator Appointee Supervisor District 2