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Below Market Price Affordable Housing ProgramtaWN OF MEETING DATE: 9/17/12 = ITEM NO. 3 ��s Gpjpg COUNCIL AGENDA REPORT DATE: SEPTEMBER 11, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: BELOW MARKET PRICE AFFORDABLE HOUSING PROGRAM A. ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES SILICON VALLEY FOR ADMINISTRATION OF THE TOWN'S BELOW MARKET PRICE AFFORDABLE HOUSING PROGRAM (BMP) IN AN AMOUNTNOT TO EXCEED $55,000. B. AUTHORIZE GENERAL FUND BUDGET ADJUSTMENTS FOR REVENUE (3501- 44441) AND EXPENDITURES (3501- 63373) IN THE AMOUNT OF $55,000. RECOMMENDATION: Adopt a resolution authorizing the Town Manager to execute an agreement with Neighborhood Housing Services Silicon Valley for administration of the Town's Below Market Price Affordable Housing Program (BMP) in an amount not to exceed $55,000. Authorize General Fund Budget Adjustments for Revenue (3501- 44441) and Expenditures (3501- 63373) in the amount of $55,000. BACKGROUND: One of the most significant housing programs adopted by the Town Council is the Below Market Price (BMP) Program. The BMP program was initiated in 1979 as a mechanism to increase the supply of housing in Los Gatos that is affordable to low or moderate income households. The BMP program requires developers, when they obtain entitlements, to provide a minimum of 10- percent of the total units in a development as designated affordable housing units. Deed restrictions are recorded on the title of each property to ensure the long term affordability of the units and to maintain the Town's repurchase option. When new units are made available by a developer or via a resale by an existing owner, the Town solicits applications from income qualified households and PREPARED BY: Todd Capurso, Acting Director of Community Development 16 C Reviewed by: Assistant Town Manager iM.Town Attorney fZ� Finance N: \DEV \TC REPORTS\2012 \Neighborhood Housing Services Staff Report 9- 17- 12.doc Revised: 9/11/12 11:37 AM PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: BELOW MARKET RATE AFFORDABLE HOUSING CONTRACT SEPTEMBER 11, 2012 then selects buyers using the Town's adopted preference scoring criteria. Approximately 40 for -sale and 90 rental BMP units are in the Town's BMP program inventory. The Housing Authority has administered the BMP Program since 1999. DISCUSSION: Given the dramatic systemic changes to the housing and lending markets as a result of the "Great Recession," the Town's BMP Program has not been immune to potential foreclosures or the impact of tightened lending requirements. When the existing contract with the Housing Authority expired, staff identified that in the future foreclosure prevention, homebuyer education and buyer financial pre - qualification experience would also be necessary areas of expertise to administer the BMP Program. Staff prepared a Request for Proposal (RFP) for Program services in June 2012. The RFP was sent out to five (5) housing agencies. Only Neighborhood Housing Services Silicon Valley (NHSSV) submitted a proposal. Neighborhood Housing Services has been administering affordable housing programs since its founding in 1995 and as an affiliate of the National Neighborhood Works Organization has extensive experience in foreclosure prevention, homebuyer education and buyer financial pre - qualification. They currently administer the BMP Program for the Cities of Burlingame, Los Altos, Morgan Hill, and Santa Clara. Staff recommends that the Town contract with Neighborhood Housing Services Silicon Valley and enter into a contract with Neighborhood Housing Services Silicon Valley in the amount of $55,000 from September 18, 2012 to September 17, 2013, with a provision for five (5) one -year extensions. FISCAL IMPACT: Sufficient funds are available in the Below Market Price Program Deposit Account to cover the $55,000 increase in budgeted expenditures for the Community Development Department and transfer from the Housing In -lieu Fee deposit account. The current balance in the deposit account is approximately $1.7 million. CONCLUSION: Staff recommends that the Town Council adopt a resolution (Attachment 1) authorizing the Town Manager to execute an agreement with Neighborhood Housing Services Silicon Valley to administer the Town's Below Market Price Affordable Housing Program in an amount not to exceed $55,000 under the supervision of the Acting Director of Community Development. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: BELOW MARKET RATE AFFORDABLE HOUSING CONTRACT SEPTEMBER 11, 2012 Attachments: 1. Resolution Distribution: Matt Huerta, Executive Director of Neighborhood Housing Services Silicon Valley, 1156 North Fourth Street, San Jose, CA 95112 TC:EO:Imi THIS PAGE INTENTIONALLY LEFT BLANK RESOLUTION 2012- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES SILICON VALLEY FOR BELOW MARKET PRICE AFFORDABLE HOUSING PROGRAM SERVICES WHEREAS, Town Code Section 29.10.3005 established the Below Market Price Affordable Housing Program; and WHEREAS, the Town's Below Market Price Affordable Housing Program is a primary component of the Town's affordable housing strategy; and WHEREAS, the Town desires to continue the Below Market Price Affordable Housing Program; and WHEREAS, the Town of Los Gatos solicited competitive proposals from qualified agencies providing Below Market Price Affordable Housing Program services; and WHEREAS, Neighborhood Housing Services Silicon Valley is fully qualified to provide Below Market Price Affordable Housing Services; and WHEREAS, the Town finds the Neighborhood Housing Services Silicon Valley proposal best meets the Town's needs: NOW, THEREFORE, BE IT RESOLVED by the Town Council that the Town of Los Gatos enters into an agreement with the above mentioned firm for Below Market Price Affordable Housing services. BE IT FURTHER RESOLVED by the Town Council that the Town Manager is authorized and directed to execute the agreement for services as the Below Market Price Affordable Housing Program consultant on behalf of the Town of Los Gatos. ATTACHMENT 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of September 2012, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA NADEW2ESOS12012\Housing services Resolution 2012.docx