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12/12/79
RESOLUTION NO. 79-217
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADOPTING A COMPREHENSIVE
RESIDENTIAL REHABILITATION FINANCING
PROGRAM PURSUANT TO THE MARKS-FORAN
RESIDENTIAL REHABILITATION ACT OF 1973
BE IT RESOLVED by the City Council of the City of
Santa Ana that the Comprehensive Residential Rehabilitation
Finance Program as hereinafter set forth is adopted pursuant
to the "Marks-Foran Residential Rehabilitation Act of 1973."
A. DEFINITIONS
1. Unless herein otherwise expressly provided,
the terms used in this Comprehensive Residential
Rehabilitation Financing Program shall be as defined in the
"Marks-Foran Residential Rehabilitation Act of 1973" (Part
13, commencing with Section 37910, of Division 24 of the
Health and Safety Code of the State of California,
hereinafter called the "Act").
Be
ELIGIBILITY FOR SELECTION AS
RESIDENTIAL REHABILITATION AREA
1. An area shall be selected as a residential
rehabilitation area if the City Council of the City of Santa
Ana (herein called the "City Council") by resolution adopted
at a duly noticed public hearing defines the boundaries of
the residential rehabilitation area and makes the following
findings with respect thereto:
a. There are a substantial number of dete-
riorating structures in the area which do not conform
to community standards for decent, safe, sanitary
housing;
b. Financial assistance from the City of
Santa Ana for residential rehabilitation is
necessary to arrest the deterioration of the area;
and
c. Financing of residential rehabilitation
in the area is economically feasible.
2. A redevelopment project area now existing or
hereafter created pursuant to the Community Redevelopment
Law (Part 1 of Division 24 of the of the Health and Safety
Code of the State of California) is eligible for selection
as a residential rehabilitation area and the foregoing
findings are not required for such area.
C. SELECTION PROCESS
1. When the City Council has determined an area
as a proposed residential rehabilitation area, the City
Council shall provide for citizen participation in
determining whether the area shall be selected as a
residential rehabilitation area and to develop a plan for
public improvements and rules and regulations for
implementation of the proposed residential rehabilitation
program, which shall include rules and regulations for
RESOLUTION NO. 79-217
PAGE TWO
encouraging participation by minority contractors. Such
citizen participation shall be provided for in the following
manner and order.
a. The City Council hereby designates the
Executive Director of the Housing Authority of
the City of Santa Ana as the planning or rehabil-
itation official (the "designated official") to
conduct the public meetings and consultations
referred to hereinafter.
b. The City Council hereby appoints the
Housing Advisory Commission of the City of Santa
Ana as the citizens advisory board which is
composed of representatives of resident owners
and resident tenants in the proposed residential
rehabilitation area.
c. The designated official shall conduct
a public meeting, which may be continued from
time to time, at a time and place or at times and
places convenient to residents and property owners
within the proposed residential rehabilitation
area. At such meeting or meetings, the designated
official shall review the boundaries of the pro-
posed residential rehabilitation area, the pro-
posed residential rehabilitation program, and the
need for senior citizen housing within the juris-
diction of the City, and shall provide full
opportunity for such residents and property owners
to participate and make recommendations with
respect to such boundaries and program and any
changes or modifications thereto.
d. The designated official shall consult
with the citizens advisory board and, in the con-
sultation process, cause to be developed a plan
for public improvements and rules and regulations
for implementation of the proposed residential re-
habilitation program.
e. The designated official, following the
public meetings and consultations with the citizens
advisory board, shall file with the City Council
the plan for public improvements, the rules and
regulations, and a summary of the results of such
public meetings.
f. The City Council shall hold a public
hearing duly noticed as hereinafter provided at
which time the proposed boundaries and the proposed
residential rehabilitation program, and the summary
of the public meeting shall be presented and re-
viewed and full opportunity given to the residents
and property owners to express themselves with re-
spect thereto. At such public hearing, the City
Council shall consider the criteria which give
priority to rehabilitation of senior citizen housing.
2. Notices of the time and place of the public
hearing, containing information relating to the boundaries
of the proposed residential rehabilitation area and a
RESOLUTION NO. 79-217
PAGE THREE
general description of the proposed residential
rehabilitaiton area and a general description of the
proposed residential rehabilitation program, shall be
disseminated prior to the date thereof by an appropriate
method to be determined by resolution of the City Council
consistent with Section 37912 of the Act.
De
SELECTION OF RESIDENTIAL
REHABILITATION AREA
1. Following conclusion of the public hearing,
the City Council may, by resolution, select the residential
rehabilitation area and describe the boundaries thereof. By
the same or separate resolution or resolutions, the City
Council shall:
a. adopt rules
implementation of the
program;
and regulations for the
residential rehabilitation
b. adopt a plan for public improvements
necessary to successful rehabilitation of the re-
habilitation area;
c. express a commitment that, subject to
budgetary and fiscal limitations of the City of
Santa Ana, rehabilitation standards will be enforced
in ninety five percent (95%) of the residences in
the residential rehabilitation area; and
d. express a commitment that a plan for
public improvements necessary to successful re-
habilitation of the residential rehabilitation
area will be developed, with citizen participation,
for each residential rehabilitation area and that
the plan for public improvement shall be adopted
by the City Council prior to the financing of
residential rehabilitation in any residential
rehabilitation area, together with a commitment
that, subject to budgetary and fiscal limitations,
such plan will be carried out by the City of
Santa Ana.
E. FINANCING GUIDELINES AND LIMITATIONS
1. Pursuant to Sections 37917 and 37921 of the
Act, the City is empowered to acquire and hold interests in
land, including deeds of trust, as security for financing
residential rehabilitation and to pledge the same as
security for repayment of bonds issued under the Act. It is
hereby determined that such interests in land include,
without limitation, mortgages insured under Title II of the
National Housing Act and mortgages guaranteed by the
Veterans Administration under the Serviceman's Readjustment
Act of 1944, as amended (herein called "insured mortgages"),
and that the acquisition of such insured mortgages is
necessary and convenient for the financing of residential
rehabilitation under the Act.
2. The financing of residential rehabilitation
of existing structures in a residential rehabilitation area
shall be subject to the following limitations:
RESOLUTION NO. 79-217
PAGE FOUR
a. Unless insured or guaranteed in whole
or part by an instrumentality of the United States
or the State of California or by a person licensed
to insure loans in this state, outstanding loans on
the property to be rehabilitated, including the amount
of the loans for rehabilitation, shall not exceed
eighty percent (80%) of the anticipated after-rehabili-
tation value of the property to be rehabilitated,
except that the City of Santa Ana may authorize
loans, which are neither insured nor guaranteed,
of up to ninety five percent (95%) of the antici-
pated after-rehabilitation value of the property
if (1) such loans are made for the purpose of
rehabilitating the property for residential purposes
(2) there is demonstrated need for such higher
limit, and (3) there is a high probability that
the value of the property will not be impaired
during the term of the loan. Outstanding loans
on property to be rehabilitated may be authorized
up to ninety-seven percent (97%) of the antici-
pated after rehabilitation value of the property,
if the person to whom the loan is made is of low
income, as defined in California Health and
Safety Code S 50093. A nonprofit corpor-
ation incorporated pursuant to Part I (commencing
with Section 9000) of Division 2 of Title 1 of the
Corporation's Code or a cooperative housing
corporation, as defined in subdivision (a) of
Section 17625 of the Revenue and Taxation Code,
may be authorized a loan not exceeding either
ninety eight percent (98%) or one hundred percent
(100%) of the estimated after-rehabilitation
value or of its total development cost, according
to the standards for nonprofit housing sponsors
set forth in Section 50958 of the Health and
Safety Code of the State of California, if the
dwelling units within the residence rehabilitated
with financing under the Act are committed for
the period during which the loan is outstanding
for occupancy by persons or families who are
eligible for financial assistance specifically
provided by a governmental agency for the benefit
of occupants of the residence.
b. The maximum repayment period for such
residential rehabilitation loans shall be forty
(40) years or four/fifth (4/5) of the economic
life of the structure, whichever is less.
c. The maximum amount loaned for rehabili-
tation, exclusive of costs of acquisition, or
exclusive of refinancing, for each
dwelling unit and for each commercial unit which
is, or is part of, a residence shall be forty
five thousand dollars ($45,000).
d. No more than twenty percent (20%) of any
loan for such residential rehabilitation shall be used
for residential rehabilitation which is not re-
quired under the City of Santa Ana's property
rehabilitation standards, except that in the case
of owner-occupied one to four dwelling unit
properties, up to forty percent (40%) of the loan
for such residential rehabilitation may be used for
residential rehabilitation not required under the
city of Santa Ana's property rehabilitation
standards.
RESOLUTION NO. 79-217
PAGE FIVE
e. Loans shall not be made for the purpose
of refinancing the outstanding indebtedness of a
participating party with respect to property which
is subject to residential rehabilitation, or for
financing the acquisition of property which has
been, or is to be subject to residential re-
habilitation, unless the cost, including in such
cost any amounts previously expended for residential
rehabilitation of that property by a participating
party, within a residential rehabilitation area or
a redevelopment project area established at the time
of such expenditure, of meeting the rehabilitation
standards is at least twenty percent (20%) of the
principal amount of the loan.
F. RESIDENTIAL INFILL CONSTRUCTION
1. The City Council hereby authorizes new
construction in the form of residential infill construction
as defined in said Act as an integral part of this
Residential Rehabilitation Financing Program.
2. The guidelines for financing
infill construction shall be subject to the
limitations:
residential
following
a. unless insured or guaranteed in whole
or in part by an instrumentality of the United
States or the State of California or by a person
licensed to insure loans in this state, outstanding
loans on the property, including the amount of the
loans for residential infill construction, shall
not exceed eighty percent (80%) of the anticipated
value of the property, following completion of
the construction, except that the City Council
may authorize loans, which are neither insured
nor guaranteed, of up to ninety percent (90%)
of the anticipated value of the property
following completion of the construction, if
such loans are made for the purpose of con-
struction residences containing two or more
dwelling units. A nonprofit corporation in-
corporated pursuant to Part I (commencing with
Section 9000) of Division II of Title I of the
Corporation's Code or a cooperative housing
corporation, as defined in Subdivision (a) of
Section 17265 of the Revenue and Taxation Code,
may be authorized a loan not exceeding one
hundred percent (100%) of the estimated value
of the property following completion of con-
struction, if the dwelling units constructed
with financing under the Act are committed
for the period during which the loan is
outstanding for occupancy by persons or
families who are eligible for financial
assistance specifically provided by a
governmental agency for the benefit of
occupants of the residence.
b. The maximum repayment period for loans
for residential infill construction shall be forty
(40) years or four-fifths (4/5) of the economic
life of the structure, whichever is less.
RESOLUTION NO. 79-217
PAGE SIX
Go PURCHASE OF RESIDENCE
1. Pursuant to Section 37912 of the Act, the
City Council hereby authorizes financing or refinancing the
cost incurred by a participating party in acquiring real
property for the purpose of residential rehabilitation,
including infill construction, and financing the acquisition
of residences within the residential rehabilitation area
which have been previously rehabilitated or constructed with
financing under the Act as an integral part of this
residential rehabilitation.
2. The guidelines for financing the purchases of
residences previously rehabilitated or constructed with
financing under the Act shall be subject to the following
limitations:
a. Purchasers of single family dwellings
eligible to receive such financing shall be persons
or families of low or moderate income.
b. Ail rental dwelling units in the residence
financed shall be committed for the period during
which the loan is outstanding for occupancy by
persons and families of low or moderate income,
as defined by Section 50093 of the Health and Safety
Code. Upon recordation of the deed, other instrument
of conveyance, lease, or instrument of financing
in the office of the County Recorder of Orange
County, the rental dwelling units reserved for
occupancy for persons of low income shall remain
for such occupancy for not less than thirty (30),
nor more than fifty-five (55), years. Such
recorded agreement shall be binding upon successors
in interest.
c. Unless insured or guaranteed in whole or
in part by an instrumentality of the United States
or the State of California or by a person licensed
to insure loans in this State, outstanding loans
on the property to be acquired shall not exceed
eighty percent (80%) of the value of the property,
except that the City Council may authorize loans,
which are neither insured nor guaranteed, of up
to ninety percent (90%) of the value of the property
if such loans are made for the purpose of financing
residences containing two or more dwelling units.
A nonprofit corporation incorporated pursuant to, or
otherwise made subject to the provisions of, Part II
(commencing with Section 5110) of Division 2 of
Title I of the corporation's Code or a cooperative
housing corporation, as defined in subdivision (a)
of Section 17265 of the Revenue and Taxation Code,
may be authorized a loan not exceeding one hundred
percent (100%) of the value of the property, if the
dwelling units within the residence are committed
for the period during which the loan is outstanding
for occupancy by persons or families who are
eligible for financial assistance specifically
provided by a governmental agency for the benefit
of occupants of the residence.
d. The maximum repayment period for acquisition
loans shall be forty (40) years or four-fifths (4/5)
of the economic life of the property, whichever is
less.
RESOLUTION NO. 79-217
PAGE SEVEN
e. No more than thirty five percent (35%)
of the aggregate principle amount of all loans made
in the residential rehabilitation area may be for
residential infill construction or acquisition
financing.
REHABILITATION OF RESIDENCES OUTSIDE
OF RESIDENTIAL REHABILITATION AREAS
1. Rehabilitation of residences located outside
of residential rehabilitation areas is authorized when the
following qualifications are met:
a. The City Council determines that the
residence proposed for rehabilitation is located
in an area determined by the City Council to be
a stable and viable residential neighborhood; and
b. The City Council determines that re-
habilitation of the proposed residence is econom-
ically feasible; and
c. Dwelling units rehabilitated within the
residence with financing under the Act are committed
for the period during which the loan is outstanding
for occupancy by persons or families who are
eligible for financial assistance specifically
provided by a governmental agency for the benefit
of occupants of the residence.
2. Prior to selection of such a residence, the
designated official shall:
a. consult with the affected owners and
residents to provide an opportunity for partici-
pation by them in the designation of dwelling
units to be rehabilitated and in the planning of
the proposed rehabilitation, and
b. prepare and file with the City of
Santa Ana a recommended rehabilitation plan for
such proposed residence, and
c. following the filing of such recommended
rehabilitation plan, hold an administrative
hearing thereon, notice of which shall be given
(i) at least seven (7) days prior thereto by mail
to the affected owner at the address shown on
the latest equalized assessment roll; (ii) by
publication one time in a newspaper of general
circulation circulated in the proposed residential
rehabilitation area; and (iii) by such other means
of dissemination as may be deemed appropriate by
the designated official or his designee to reach
the residents of the proposed residential re-
habilitation area.
3. Following the conclusion of the
administrative hearing, the City Council may, by resolution,
select such proposed residence for rehabilitation upon
determining that such residence qualifies as provided
hereinabove in Section 1 of Part H and approving the
rehabilitation plan.
RESOLUTION NO. 79-217
PAGE EIGHT
4. The financing or residential rehabilitation
of residences outside of residential rehabilitation areas
shall be subject to the limitations provided in Part E
hereinabove.
REHABILITATION STANDARDS:
ADMINISTRATIVE GUIDELINES AND MORTGAGEES'
PROCESSING AND SERVICING GUIDES
1. Properties rehabilitated pursuant to the
provisions of this Comprehensive Residential Rehabilitation
Financing Program shall be rehabilitated to the residential
rehabilitation standards of the City of Santa Ana.
2. The residential rehabilitation program shall
be implemented in accordance with Rules and Regulations to
be hereinafter adopted after consultation with the citizens
advisory board, as required by the Act.
3. Mortgage loans purchased by the City of Santa
Ana or its agent pursuant to this Comprehensive Residential
Rehabilitation Financing Program shall be purchased in
accordance with the provisions of the Mortgage Selling
Contract Supplement, as amended from time to time in the
discretion of the City Council, and shall be serviced in
accordance with the Mortgage Servicing Contract and Mortgage
Servicing Contract Supplement, all as provided in said Rules
and Regulations.
4. Any residence which is rehabilitated with
financing obtained under the Act shall be open upon sale or
rental of any portion thereof, to all persons regardless of
race, color, religion, national origin or ancestry. All
contractors and subcontractors engaged in residential
rehabilitation financed under the Act shall provide equal
opportunity for employment, without discrimination as to
race, sex, marital status, color, religion, national origin
or ancestry. All contracts and subcontracts for residential
rehabilitation financed under the Act shall be let without
discrimination as to race, sex, marital status, color,
religion, national origin or ancestry. It is the policy of
the City Council of the City of Santa Ana to encourage
participation by minority contractors.
J. MISCELLANEOUS
1. This program, being necessary for the welfare
of the inhabitants of the City of Santa Ana, shall be
liberally construed to effect its purposes.
RESOLUTION NO. 79-217
PAGE NINE
2. The designated official shall submit an
annual report to the State Department of Housing and
Community Development as required by Section 37913 of
the Act.
ADOPTED this l?th day of December ,
1979, by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
Bricken, Griset, Luxembourger, Markel,
Serrato, Ward, Yamamoto
None
ABSENT: COUNCILMEN: N~ne
ATTEST:
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY