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RESOLUTION NO. 5589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING HOUSING POLICY
REPORT UNDER INTERNAL REVENUE CODE SECTION
103A AND DIRECTING ITS PUBLICATION
RESOLVED, by the City Council of the City of Huntington
Beach, California, as follows:
WHEREAS, Section 103A(j ) (5) of the Internal Revenue Code of
1954, as amended, as implemented by proposed and temporary
regulations of the Department of the Treasury, Section 6a.
103A-2 (1) , requires the applicable elected representative of an
issuer of qualified mortgage subsidy bonds to publish, after
public hearing, a housing policy report;
This Council is the applicable elected representative of the
City of Huntington Beach which City proposes to issue in 1986
qualified mortgage subsidy bonds;
It is in the public interest and for the public benefit that
said housing policy report be approved and published;
NOW THEREFORE, it is hereby ordered and determined as
follows:
1. The City Manager of the City is hereby authorized and
directed to prepare a summary of the comments made at the
aforesaid public hearing and to include said summary as a part of
the Policy Report under Section 103A.
2. The report of the City of Huntington Beach entitled,
"Policy Report under Section 103A, " and dated October 31, 1985, is
hereby approved with the inclusion of said summary of comments.
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3. The Mayor of the City, as a member of this Council, is
hereby authorized and directed to execute said report on behalf of
this Council as the duly elected representative of the City.
4. This Council does hereby publish the Report by
authorizing and directing the City Clerk, and the City Clerk is
hereby so authorized and directed, to make said Report available
in the Office of the City Clerk for distribution to the public.
5. The City Clerk of the City is hereby authorized and
directed to file the Report with the Internal Revenue Service at
the Internal Revenue Service Center , Philadelphia, Pennsylvania
19255.
PASSED AND ADOPTED this 21st day of October ,
1985.
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Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk AkXJ 46 City Attorney
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REVIFA ND APPROVED: I TIATED AND APPROVED•
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City Administrat r eputy irect r
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10/7/85
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City of Huntington Beach
95-6000723W
POLICY REPORT UNDER SECTION 103A
A. GENERAL
On July 18, 1984, Congress enacted into law the Tax Reform Act of 1984. This Act
imposes certain requirements on issuers of qualified single-family mortgage bonds and
mortgage credit certificates. One of these requirements is that issuers publish a
statement of their policies with respect to housing, development, and low-income housing
assistance and report on their compliance, for the one-year preceding the date of the
report, with the intent of Congress that qualified mortgage bond issues and mortgage
credit certificates assist lower income families to afford home ownership before assisting
higher income families. In order to qualify for a federal tax exemption for interest on
qualified mortgage bonds to be issued in 1985, this statement must be published prior to
October 14, 1985. Although the city of Huntington Beach has not issued qualified
single-family mortgage bonds (and/or) mortgage credit certificates in 1985, the following
report is being published in order to comply with the requirements of the Tax Reform Act
of 1984 and the Regulations thereunder.
B. POLICIES AND GOALS
B(1) Housing and Policies and Goals.
The California State Legislature has found and declared that
there exists within the State of California a serious shortage of decent, safe, and
sanitary housing which is affordable to many persons in the state. This shortage is
exacerbated during periods of rising interest rates, particularly as high interest rates
have the effect of diminishing the number of otherwise creditworthy buyers from
qualifying for private sector mortgage capital sources. In order to remedy this
adverse effect on potential home buyers on the lower end of the purchassing
spectrum, it is necessary to implement a public program to reduce the cost of
mortgage financing for the single-family purchases for those persons unable to
compete for mortgage financing in the conventional mortgage market.
California Health and Safety Code s52001.
The California State Legislature has additionally found and declared that
it is necessary and essential that counties and cities be authorized to directly and
indirectly make long-term, low-interest loans to persons not presently eligible for
financing through private sector lending institutions to finance construction,
rehabilitation, and acquisition of homes in order to encourage investment and upgrade
local areas.
California Health and Safety Code s52002.
The city of Huntington Beach has not issued qualified single-family mortgage
bonds (and/or) mortgage credit certificates (the 'Bonds/Certificates") in 1985 in
furtherance of the above-stated policies of the California State Legislature and in
conformance to the following policies and goals:
(i) Use of Proceeds.
The proceeds of the Bonds will be used to finance the acquisition of residences.
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(ii) Targeting of Proceeds to Housing Type.
The proceeds of the Bonds will be targeted to new housing and existing housing.
(iii) Determination of Need for Targeting.
The need to target the Bond proceeds to new and existing housing was
determined by the city's low vacancy rate, lack of supply, and high costs of
affordable housing. The city's strategy regarding single-family housing bonds is
to increase the supply of affordable housing to ease the increasing demand.
(iv) Method of Targeting Proceeds.
The city primarily accepts proposals from developers of new housing, however,
existing housing proposals will also be considered.
(v) Other Pertinent Information.
Non applicable.
(vi) Related Policies.
A description of how the city's housing policies relate to its development and
low income housing assistance policies to form a general plan is attached. (See
Attachment "A").
B(2) Development Policies and Goals.
The California State Legislature has found and declared that
there exists within the State of California a serious shortage of decent, safe, and
sanitary housing which is affordable to many persons in the state. This shortage is
exacerbated during periods of rising interest rates, particularly as high interest rates
have the effect of diminishing the number of otherwise creditworthy buyers from
qualifying for private sector mortgage capital sources. In order to remedy this
adverse effect on potential home buyers on the lower end of the purchasing spectrum,
it is necessary to implement a public program to reduce the cost of mortgage
financing for the single-family purchases for those persons unable to compete for
mortgage financing in the conventional mortgage market.
California Health and Safety Code s520001.
The California State Legislature has additionally found and declared that
it is necessary and essential that counties and cities be authorized to directly and
indirectly make long-term, low-interest loans to persons not presently eligible for
financing through private sector lending institutions to finance construction,
rehabilitation, and acquisition of homes in order to encourage investment and upgrade
local areas.
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California Health and Safety Code s52002.
City of Huntington Beach plans to issue qualified single-family mortgage bonds
(the "Bonds") in 1985 in furtherance of the above-stated policies of the California
State Legislature and in conformance to the following policies and goals:
(i) Targeting of Proceeds to Areas.
None of the proceeds of the Bonds will be targeted to specific areas.
(ii) Description of Target Areas.
Not applicable.
icable.
(iii) Section of Target Areas.
Not applicable.
(iv) Use of Targeted Proceeds.
The proceeds of the Bonds will not be targeted to specific areas.
(v) Other Pertinent Information.
None.
(vi) Related Policies.
A description of how the city's development policies relate to its housing and
low-income housing assistance policies to form a general plan is attached. (See
Attachment "A").
B(3) Low-Income Housing Assistance Policies and Goals.
To insure that qualified mortgage bond issues assist lower income families to afford
home ownership, California law provides that a city or county that administers a
home financing program must establish criteria for qualification of persons and
families for participation in such program. The criteria must include a maximum
household income, which maximum shall not exceed one hundred fifty persent of
median household income (defined as the highest of (A) statewide median household
income, (B) county-wide median household income, or (C) median household family
income for area as determined by the United States Department of Housing and
Urban Development for mortgagors who will be the first occupant of a home, one
hundred twenty persent of the median household income for mortgagors who will not
be the first occupant of a home (except that the city or county must assure that no
less than twenty percent of such funds shall be for households whose income does not
exceed one hundred ten percent of the median household income, unless the
legislative body of the city or county makes certain findings). California Health and
Safety Code s52020(d). In addition, to obtain a supplementary allocation of qualified
mortgage bonds from the California Mortgage Bond Allocation Committee, proceeds
of qualified mortgage bonds issued with such supplementary allocation must be use
d
to provide mortgages to persons and families whose incomes do not exceed one
hundred twenty percent of median household income for mortgagors who will be the
first occupant of a home and median household income for mortgagors who will not be
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the first occupant (except that the issuer shall assure that no less than half of such
funds shall be for households whose income does not exceed eighty percent of such
median household income, and provided that this limit may be increased to ninety
percent of median household income if the legislative body of the issuer finds that
there are insufficient numbers of creditworthy persons whose income does not exceed
eighty percent of median household income). California Health and Safety Code
s50189(b).
The city of Huntington Beach has not issued qualified single-family mortgage bonds
("Bonds") in 1985 in furtherance of the above-stated policies of the California State
Legislature and in conformance to the following policies and goals:
(i) Targeting of Proceeds According to Income.
All of the proceeds of the Bonds will be targeted to median income families.
Median income is determined by the County of Orange (through independent
analysis) means $36,050 as of July 16, 1984.
(ii) Method of Targeting Proceeds.
The Bond proceeds are targeted to income levels falling between the median
income for Orange County and one hundred fifty percent of the median. The
program is targeted to this population since it is .the only income level which
qualified as creditworthy. The city requires that the lender servicer only
process and approve those applications falling between the minimum and
maximum income restrictions.
(iii) Other Pertinent Information.
None.
(iv) Related Policies.
A description of how the city's low-income housing assistance policies relate to
its housing and development policies to form a general plan is attached. (See
Attachment "A").
C. COMPLIANCE WITH PREVIOUS REPORT
This Policy Report is in compliance with the Policy Report published March 11, 1985
under Section 103A.
D. COMPLIANCE WITH INTENT OF CONGRESS
For the purpose of this report dated October 31, 1985, the city of Huntington Beach
has issued no Single-Family Mortgage Revenue Bonds this year.
The following information is provided with respect to the 1984 Bonds:
In August 1984, the city of Huntington Beach issued Single-Family Mortgage Revenue
Bonds in the aggregate principal amount of $20,000,000. As of October 31, 1985,
$3,002,150.58 was the principal balance of loans purchased on the 1984 Single Family
Mortgage Revenue Bond Program.
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E. SUMMARY OF HEARING COMMENTS
A public hearing on the proposed Policy Report was duly noticed and held on October
21, 1985. The following comments were received:
Honorable Ruth Bailey
Mayor
(SEAL)
ATTEST:
City Clerk
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ATTACHMENT "A"
SINGLE FAMILY MORTGAGE REVENUE BOND
HOUSING POLICIES REPORT
The City of Huntington Beach has adopted three goals for its housing program which are
consistent with State and Regional housing policies. These goals are:
1) The attainment of decent housing within a satisfying living environment for
households of all socioeconomics, racial, and ethnic groups in Huntington Beach.
2) The provisions of a variety of housing opportunities by type, tenure, and cost
for households of all sizes throughout the city.
3) The development of a balanced residential environment with access to
employment opportunities, community facilities, and adequate services.
In order to progress toward the attainment of these goals, the city has committed itself to
five issue areas which are identified by the California Department of Housing and
Community Development as important priorities in addressing local housing problems.
ACCESSIBILITY:
To provide housing opportunities for all households regardless of race, color, religion, sex,
family size, marital status, national origin, ancestry, age, or physical desirability.
Policies - in order to assure accessibility to decent housing for all, the city of
Huntington Beach shall:
Promote fair housing practices throughout the city.
Encourage the provision of adequate numbers of housing units to meet the needs
of families of all sizes.
Programs -
The city contributes $20,000 - $25,000 in CDBG funds to the Fair Housing
Council of Orange County for each program year.
The city has made available Redevelopment Agency-owned property within the
Talbert Beach Redevelopment Project Area for the construction of 164 units of
senior citizen housing.
ADEQUATE PROVISIONS
To provide for the housing needs of all economic segments of the community.
Since it is unlikely that market forces alone will produce enough affordable
housing for low and moderate income households, it is necessary to address this
need through the use of those public powers which impact housing.
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SFMRB Housing Policies Report
November 15, 1984
Page Two
Policies -
Promote adoption of development standards which reduce housing costs.
Continue to expedite the permit process for residential projects.
Continue and expand utilization of Federal and State housing assistance
programs.
Encourage the participation and financial commitment of private entities in
attaining household goals.
Promote the availability of sufficient rental housing stock to afford maximum
choice of housing type for all economic segments of the community.
Programs -
Provides tax-exempt single-family mortgage revenue bonds to provide
below-market rate financing for moderate income first-time buyers.
Provide consultation and technical assistance to aid private developers in
expanding housing opportunities.
Initiated an outreach campaign to solicit participation of private developers in
affordable housing and programs.
Continue to provide tax-exempt mortgage financing for new multi-family
housing.
STANDARDS AND PLANS FOR ADEQUATE SITES
To satisfy the housing needs of all segments of the community through the provisions of
adequate sites for housing of all types sizes and prices.
Policies -
Promote the rezoning of vacant or recyclable parcels of land to higher densities
where compatible with surrounding land uses and available services in order to
lower the cost of housing.
Utilize surplus park and/or school sites for residential use where appropriate
and consistent with the city's General Plan.
Programs -
The investigation of the feasibility of utilizing vacated school and park sites
and other publicly owned land for low and moderate cost housing.
Investigating General Plan land use and zoning designations to determine where
increased densities can be utilized to provide for rental units for households of
lower and moderate incomes.
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SFMRB Housing Report
November 15, 1984
Page Three
PRESERVING HOUSING AND NEIGHBORHOODS
The city has identified several neighborhoods and areas of deteriorated older housing
units. These neighborhoods have been designated as targets for rehabilitation under the
Community Development Block Grant Program.
Policies -
Encourage the rehabilitation of substandard and deteriorating housing where
feasible.
Provide and maintain adequate level of community feasibilities and municipal
services in all community areas.
Programs -
Reviewing all changes in planned land uses to determine the cumulative impact
on community facilities.
Make available low-interest rehabilitation loans for low-income owner occupied
housing.
Actively enforcing land use ordinances.
PRESERVING AFFORDABILITY
To make housing available to all economic segments of the community by ensuring that
assisted housing remains affordable to the income groups for which it was intended or
which presently occupy it.
Policies-
Promote and, where possible, require the continued affordability of all units
produced with participation by the city or its authorized agents, including
density bonuses and tax-exempt financing.
Programs -
Overseeing the requirements for continued affordability of low and moderate
income units produced under the housing program with tax-exempt financing.
Creating and maintaining an inventory of sites potentially suitable for
affordable housing and refer those to private developers.
The city issued SFMRB's in 1983 an 1984. The income limits for buyers under
these programs assure that lower income households receive assistance in
priority to higher income households.
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LEGAL NOTICE
SINGLE FAMILY MORTGAGE REVENUE BOND
HOUSING POLICIES REPORT
ADOPTED BY CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
ON OCTOBER 21, 1985
Notice is hereby given that at its regular meeting of October 21, 1985, the City Council
of the city of Huntington Beach, after the conduct of a duly advertised public hearing,
adopted the Single-Family Mortgage Revenue Bond Housing Policies Report dated October
31, 1985. The published report is available for review through October 31, 1985 at the
office of the City Clerk, 2000 Main Street, Huntington Beach, CA 02648.
Dated: October 22, 1985
Alicia M. Wentworth
City Clerk
City of Huntington Beach
1445h
Res. No. 5589
STATE OF CALIFORNIA
COUNTY OF ORANGE ) s s
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that .the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 21st day
of October , 19 85 , by the following vote:
AYES: Councilmen:
Kelly, Mandic, Bailey, Finley, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
MacAllister
City Clerk and ex-officio Clerk
of the City. Council of the City
of Huntington Beach, California