COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Housing

 

DATE:

August 13, 2008

BOARD MEETING DATE:

September 9, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Duane Bay, Director, Department of Housing

SUBJECT:

Approval of an amendment to the Joint Powers Agreement for the Housing Endowment and Regional Trust of San Mateo County .

 

RECOMMENDATION:

Adopt a resolution authorizing execution of an amendment to the Joint Powers Agreement for the Housing Endowment and Regional Trust of San Mateo County (HEART) to:

   

1.

Change the official name of the Joint Powers Agreement from the “Housing Endowment And Trust” (HEAT) to “Housing Endowment And Regional Trust” (HEART);

   

2.

Incorporate certain technical language necessary to facilitate application for 501(c)(3) tax-exempt status with the Internal Revenue Service;

   

3.

Clarify that HEART’s role is to facilitate housing programs and production, and not to regulate or govern housing activities;

   

4.

Clarify that HEART will take on debt only if it is secured by a dedicated funding source or other security, such as real property.

 

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all.

Goal(s) #7: Maintain and enhance the public safety of all residents and visitors.

The action contributes to this commitment and goal by addressing health and safety hazards including, but not limited to, improving accessibility, addressing facility codes, and improving the facility for continuing childcare availability.

 

BACKGROUND:

The Housing Endowment And Regional Trust (HEART) was formed in 2003 as a joint powers authority to fund affordable housing in San Mateo County. Some of the member cities asked HEART to revise the Joint Powers Agreement. After receiving input from those members, Supervisor Richard Gordon and the San Mateo County Counsel’s Office drafted a revised JPA.

 

DISCUSSION:

Language was included to address concerns by some member agencies that HEART might acquire debt for which they could be held liable. In addition, technical changes were made to facilitate the application for 501(c)(3) tax-exempt status with the Internal Revenue Service. The revised joint powers agreement was conditionally approved by HEART’s Member Agency Committee, which includes representatives of all member cities and the County. The HEART Board of Directors then approved sending the revised JPA to the member agencies for consideration and adoption. The revised JPA becomes effective when it is adopted by all the members.

 

FISCAL PROJECT IMPACT:

No Fiscal Impact