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THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _May 23, 1995,_ by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson,
Bishop
NOES: None
ABSENT: None
ABSTAIN: None
--------------
SUBJECT: Single Family Mortgage Financing Programs/AB 997
The Board considered the recommendations of the Community Development
Director set forth in the attached report.
At the conclusion of the discussion on this matter, the Board took the
following actions:
1. ACCEPTED the report and ADOPTED the position of "co-sponsor if
amended" on AB 997 (Hauser;
2. AUTHORIZED the Chair, Board of Supervisors, to execute letter of
support and sponsorship to the County's State legislative
delegation;
3. AUTHORIZED the County's legislative lobbyist (Heim, Noack, Kelly &
Spahn) to work with other interested parties in support of AB 997;
4. Acting in the capacity of the Housing Authority Commission,
REQUESTED that the Advisory Housing Authority Commission also
write letters supporting the Board's position on AB 997.
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: _May 23, 1995
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
By J, Deputy
cc: County Administrator
Exec. Dir. , Housing Authority
f
Conga
TO: BOARD OF SUPERVISORS f ._ Costa
FROM: Harvey E. Bragdon
t � County
Director of Community Development
DATE: May 23, 1995
SUBJECT: Single Family Mortgage Financing Programs/AB 997
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT position and sponsor AB 997 (Hauser); AUTHORIZE the Chair to execute letters of
support and, sponsorship to the County's State legislative delegation; and AUTHORIZE the
County's legislative lobbyist - Heim, Noack, Kelly & Spahn - to work with other interested
parties in support of AB 997.
FISCAL IMPACT
None. The County has always supported its single family homeownership programs with
administrative fees gained from the sale of single family mortgage revenue bonds or
application fees generated from Mortgage Credit Certificate programs. No net costs to the
County General Fund are incurred.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Since 1982, the County of Contra Costa has issued Single family Mortgage Revenue Bonds
and Mortgage Credit Certificates in an amount sufficient to finance ear 6,000 ortgages
CONTINUED ON ATTACHMENT: XX YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RI-COMM&NIbATION OF BOARD
COMMITTEE APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF ERVISORS_
I HEREBY CERTI THAT THIS IS A
UNANIMOUS ( SENT ) TRUE AND C RECT COPY OF AN
AYES:. NOES: ACTION EN AND ENTERED ON THE
ABSENT: A AIN: MIN S OF THE BOARD OF
ERVISORS ON THE DATE SHOWN.
Source: Jim Kennedy
646-4208
cc: Community Development ATTESTED
County Administrator PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
via Redevelopment ND COUNTY ADMINISTRATOR
CGMS
Orrick Herrington & tcliffe
Developers BY DEPUTY
Lenders
Real E to Firms
C -ALHFA
JK:Ih
srat 8/ab997bos
for low and moderate income first time homebuyers. The County has been among the
more successful local participants in the State of California in providing this mortgage
assistance for low and moderate income first time homebuyers.
On January 10, 1995, your Board authorized the submittal of an application for an
additional $60,000,000 Private Activity Bond Authority for Mortgage Credit Certificates,
and on March 21, 1995, your Board authorized the submittal of an application for Single
Family Mortgage Revenue Bonds in the amount of$90,650,000. The County submitted
these applications pursuant to procedures of the California Debt Limit Allocation
Committee (CDLAC), a unit administered by the State Treasurer's Office. The Committee
consists of the Governor, the Treasurer, and the State Controller.
Subsequent to the County's applications, CDLAC proposed and subsequently adopted
revised procedures that substantially altered the allocation system for single family
homeownership programs. CDLAC adopted revised procedures that stipulate that
California Housing Finance Agency (CHFA) is to be the "primary provider of single family
housing assistance in the State of California." The procedures then stipulate that amounts
designated for single family homeownership programs be allocated on a per capita basis
by county, and that a reduction to that amount based on CHFA mortgage activity in that
County in the prior year be imposed. These factors resulted in a zero allocation for both
the County's application for Single Family Bonds and also Mortgage Credit Certificates.
The County had gone on record opposing the revised procedures of the California Debt
Limit Allocation Committee, but our appeals fell on deaf ears. The effective result of the
revised procedures is to eliminate the availability of Private Activity Bond Authority for
Single Family Mortgage Bond programs and Mortgage Credit Certificate programs in
counties where the California Housing Finance Agency is even somewhat active. In 1994,
CHFA provided 152 mortgages for first time homebuyers in Contra Costa County. We
suspect most of that mortgage activity was in East County, however, CHFA has not been
forthcoming with information on their mortgage portfolio.
AB 997 would re-introduce into California State Law a provision that was mistakenly
dropped out in the 1994 Legislative Session. This provision would require the California
Debt Limit Allocation Committee to provide at least two thirds of its housing funds to local
issuers versus state issuers. The bill could also serve as a vehicle for developing a
rational formula allocation using reasonable criteria.
The action of the California Debt Limit Allocation Committee is inconsistent with State Law
and previous state policy, particularly as it relates to local responsibilities for the provision
of housing needs. Every jurisdiction in the State of California must adopt a Housing
Element, in which it is stipulated how it will address identified local housing needs. The
California Department of Housing and Community Development has been vigorous in its
enforcement of the Housing Element requirement. The Department of Housing and
Community Development has recommended that jurisdictions engage in implementing
housing programs such as mortgage revenue bonds and mortgage credit certificate
programs when there are mortgage-deficient areas or underserved populations in the
community. This inconsistency between actions of state agencies leaves local agencies
with the responsibility but without one of the major tools to successfully address its
obligations.
The California Debt Limit Allocation Committee has also stated that CHFA is a more
efficient issuer of mortgage assistance programs. This comment is erroneous when
compared to most, if not all, local mortgage assistance programs. Local agencies have
continually provided more flexible programs at a lesser cost, and at equal or better rates
than the California Housing Finance Agency. Most urban counties in California, including
Contra Costa, have created proficient administrative systems that should not be dismissed
by a committee of state officials. The California Housing Finance Agency has a role in the
State of California. Its role is not to supersede local agencies when local capacity exists,
but rather to play a mutually complementary role. This is certainly the case for Contra
Costa County. The local'builder, lender and real estate industries have been apprised of
this action, and will be mobilizing to diligently pursue the preservation of local single family
mortgage assistance programs. It is our hope that rationality can be re-introduced into an
acknowledged already difficult situation through legislative action and direction.
The Board of Supervisors Contra CerkB�hBoard
Costa and
County Administration Building County Administrator
651 Pine Street, Room 106 (510)1146-2371
Martinez,California 94553-1293 County
-Jim Rogers,1st District
Jeff Smtth,2nd District _s. =
Gayle Bishop,3rd District
Mark DeSaulnier,4th District .<
Tom Torlakson,5th Districto4 September 26, 1995
ST'9 COUK'�
Governor Pete Wilson
Governor's Office, State Capitol
Legislative Unit
Sacramento, CA 95814
The Honorable Pete Wilson, Governor:
The County of Contra Costa strongly supports AB 997(Hauser), and urges you to sign this important
bill for local housing finance and development. AB 997 (Hauser)will restore to local jurisdictions
two-thirds of the state allocation of housing resources that was previously a part of state law, and will
allow local decision making regarding the development of first time homebuyer homes and programs
in local communities. Contra Costa County firmly believes that local programs most effectively
address local conditions, and that local programs have the ability to most effectively assess the needs
of the communities they serve. Local housing programs are more responsive to local needs and local
programs meet local market conditions.
The changes that have occurred in the California Debt Limit Allocation Committee's allocation
process have eliminated Contra Costa County's ability to issue mortgage revenue bonds or mortgage
credit certificates. Under the current State Housing Element Law, local jurisdictions have an
obligation to provide programs that will address the needs of affordable housing in their communities.
The ability of local jurisdictions to leverage single family bond programs and mortgage credit
certificate programs with other local programs is essential in carrying out affordable housing
programs that will work in our communities. AB 997 (Hauser) will restore the ability of local
jurisdictions to operate effective affordable housing programs, as well as, provide a balanced
effective way for homebuyers in our communties to utilize these important housing programs. We
appreciate your consideration of our request.
Sincerely,
Gayle Bishop, Chair
Board of Supervisors
cc:Board Members
California Association of Realtors
CCC Board of Realtors
California Association of Mortgage Brokers