Loading...
SR-CC/PA-1 - -~ . . CC/PL1 I . -"' . tit) r --00 s: 0/ MAY 231989 C/ED:HD:CR:baw Santa Monica, California Parking Authority City Council: 5/23/89 To: Mayor and city council Members Chairperson and Parking Authority Members From: city staff Subject: Recommendations Regarding the Sale of Air Rights Over Parking Lot Four at 1116-46 Fourth street to Retirement Housing Foundation for Development of Senior Housing INTRODUCTION This report transmi ts information and recommendations regarding the sale of air rights over Parking Authority Lot 4 located at 1116-46 Fourth street. The report recommends that the Parking Authority adopt a resolution authorizing the transfer of Parking Lot 4 to the city, upon receipt of a u.s. Department of Housing and Urban Development (HOD) Section 202 loan commitment and upon a determination by the city council that the desired pUblic parking facility for the site can be constructed in conjunction with the senior housing. The report also recommends that the City council: (1) adopt a resolution tranSferring parking Lot 4 from the Parking Authority to the city, contingent upon the receipt of the HUD section 202 loan commitment and City council detennination that the desired parking facility can be constructed with the senior housing; and (2 ) adopt a resolution authorizing the sale of the air rights to Retirement Housing Foundation (RHF) and to negotiate and execute an Option Agreement subject to award of the Section 202 loan and City Council - 1 - CC~- I . . . , , approval of construction of the desired public parking facility . for the site in conjunction with the proposed project. BACKGROUND On February 28, 1989, the Parking Authority and city Council approved in concept the development of affordable senior housing utilizing the air rights over Parking Authority Lot 4, located at Fourth and Wilshire. The project proposes the use of BUD section 202 loan program funds to develop sixty-seven (67) units of senior housing, including the manager's unit, at the site. The City Council authorized staff to prepare and issue a Request for statement of Qualifications to select a project development team. On March 29, 1989, the city council approved the selection of the development team of Retirement Housing Foundation, non-profit sponsor, Phillips Consulting, housing consultants, and Bahr Vermeer and Haecker, architects, to prepare an application for the proposed section 202 senior housing project on the Fourth and Wilshire site. The Parking Authority authorized the Authority Attorney to prepare the necessary resolutions and notice of intent to sell the air rights over Parking Lot Four to RHF contingent upon the receipt of a funding commitment from HOD under the section 202 program, determination that the desired parking facility for the site can be constructed in conjunction with the senior housing, completion of required environmental analyses, and execution of a Development and Disposition Agreement. - 2 - . . . , . At City Council direction, Ci ty staff is currently working with Kaku Associates, parking and traffic consultants, to determine the need and feasibility of increasing the number of public parking spaces in conjunction with developing senior housing at the site. This includes an analysis of current and future parking demand in the area served by the parking lot, an analysis of the site constraints in constructing a facility to accommodate identified needs and an economic feasibility analysis. city staff will make recommendations to the City council regarding the pUblic parking component of the project in July 1989. In addition, City staff has begun to meet wi th members of the community to inform the residents of the status of the project. Upon receipt of a section 202 funding commitment, the design process will begin. This process will include meetings with neighborhood residents regarding project design. The following timeline outlines the next steps in the process of obtaining a HUD Section 202 loan commitment and project design. The schedule reflects the time required by Kaku Associates to complete the parking demand analysis. 1) May 23, 1989 - Recommendations to city Council to: 1) adopt resolution regarding the transfer of the Fourth street property to the City; 2) hold a public hearing regarding the proposed sale of air rights; 3) adopt resolution authorizing the sale of air rights to RHF contingent upon receipt of a section 202 loan commitment; and 4) authorize the City Manager to execute - 3 - e . . an Option Agreement for the purchase of the air rights, contingent upon receipt of a Section 202 loan commitment. Recommendation to parking Authority to adopt resolution regarding the transfer of the Fourth Street property to the city. Information on City funds required for project cost not covered by the HUD loan. 2) June 15, 1989 - Development team submits loan application to HUD for Section 202 loan funds. 3) July 1989 - Information and recommendations to City Council regarding the need for additional public parking at the site. 4) August 1989 - Begin environmental review required by California Environmental Quality Act. 5) September 1989 - HUD Notice of Award of Section 202 loan funds. 6) October 1989 - June 1990 - project design and approval process. The following describes the requirements for submittal of a loan application, including the amount of city funds required for project amenities not covered by the HUD loan. DISCUSSION The non-profit sponsor must submit evidence of site control when applying for HUD Section 202 Loan Program funds. In order to grant site control to Retirement Housing Foundation, the Parking - 4 - , . . Authority and City must transfer the property to the city, the City Council must hold a public hearing on the proposed sale of air rights, and the City and RHF must negotiate and execute an Option Agreement which provides RHF the exclusive right to purchase the air rights for the proposed project. The city Council and Parking Authority performed these same steps for the Third street senior housing project. The following describes this process in detail and discusses the estimated maximum amount of city funds required for project costs the Section 202 loan program may not fund. Granting of site Control The HUD Section 202 Loan Program requires that RHF submit evidence of site control through an option Agreement to purchase the property with the HOD application. It is necessary for the City to enter into an Option Agreement with RHF, which provides RHF with the exclusive right to purchase the air rights for the development of senior housing under the Section 202 Loan Program on the site. In response to City Council direction, the Option Agreement is contingent upon receipt of a Section 202 loan commitment and a determination that the desired pUblic parking facility can feasibly be constructed with the senior housing project. Transfer of Title The title to Parking Lot Four is currently held by the Parking Authority of the City of Santa Monica. Parking Authority law - 5 - . . . prevents the Parking Authority from us inq property or revenues for non-parking purposes. However, the City is not restricted in this manner. Under Highways Code Section 32667, the legislative body by two-thirds vote may adopt a resolution transferring property of the Parking Authority to the city. Therefore it is recommended that both the city Council and Parking Authority adopt the attached resolutions authorizing transfer of property, subject to the receipt of a HUD section 202 loan commitment for the senior housing project. In order to ensure that there is no fiscal impact of the transfer of Parking Lot Four to the Parking Authority Fund it will be necessary for the City and Parking Authority to enter into a Payment Agreement that provides for an annual payment of revenues collected from the public parking meters by the City to be paid to the Parking Authority. Upon RHF t S receipt of a HUD Section 202 loan commitment staff will return for approval to execute such a Payment Agreement. Public Hearing The Municipal Code section 2508A, as amended by Ordinance No. 1125 (CCS) requires that the City hold a public hearing prior to the sale of property held by the city. A notice was published in the Outlook on May 12th and 19th, as required by the Municipal Code, specifying that a public hearing would be held on the proposed sale of air rights over Parking Lot Four to REF. Six notices were also posted at the site. In addition, the Municipal Code allows for the sale of real property without public bidding - 6 - . . . if it is in the best interests of the city. Due to the . experience of RHF in successfully obtaining HOD Section 202 loan commitments, and in developing and managing senior housing, the attached resolution finds that is is in the best interests of the city to provide RHF with an exclusive option to purchase the air rights of the property. city Funds The BUD 202 program regulations prohibit the use of funds for items such as structured parking, building articulation, balconies, or other design amenities. By covering the cost of ineligible items, a locality strengthens the chances of receiving a HOD Section 202 loan commitment and produces a more functional and attractive project. Exhibit 1 details the costs not covered in the HOD 202 loan. It is anticipated that the difference between the HUD approved costs and the total project costs would be approximately $1,963,203, however, the city will receive funds from the sale of the air rights. It is proposed that these funds be applied towards the costs not included in the Section 202 loan. It is anticipated that the City would have to provide funds in excess of the sale proceeds to the project, in the amount not to exceed $1,163,203 or approximately $17,624 per unit. Funds are currently available for this project in the Citywide Housing Trust Fund. In additon, the city will encumber funds for architectural and engineering expenses incurred prior to receipt of Section 202 - 7 - . . , funds. The developer will reimburse the City for eligible costs . upon funding of the Section 202 loan. NEXT STEPS The city Manager will negotiate and execute an Option Agreement with RHF for the sale of the air rights over the Fourth street property to be submitted with the application for section 202 funds due June 15, 1989. City staff will return to the City Council with recommendations regarding the pUblic need for additional public parking spaces and the economic and physical feasibility of constructing a facility to meet those needs in July 1989. This will provide the City Council with the opportunity to choose not to proceed with the proposed project prior to a section 202 loan program award. In addition, City staff will begin the environmental review process required by the California Environmental Quality Act, in August 1989. Upon award of a Section 202 loan commitment, RHF will submit the project to the Planning Commission, Architectural Review Board and Coastal Commission for review and approval. In addition, RHF will work with the North of Wilshire Residents neighborhood organization during the project design and approval process. FINANCIAL/BUDGETARY IMPACTS A maximum of $1,163,203 will need to be committed to this project for costs which may not be covered by the HUD Section 202 program loan. Funds from the Citywide Housing Trust Fund are currently - 8 - . . I available. After receipt of a section 202 loan commitment, $500,000 will be committed from account #01-720-264-146-961 and $663,203 will be committed from account #01-720-264-145-961. RECOMMENDATIONS It is recommended that the City Council: 1) Adopt the attached resolution which authorizes the transfer of property at 1116-46 Fourth Street owned by the Parking Authority to the City, subject to the conditions stated; 2) Hold a publ ic hearing on the proposed sale, waiving public bidding requirements, of the air rights of Parking Lot Four to RHF for the development of senior housing; 3) Adopt the attached resolution authorizing the sale of the air rights to RHF, subject to REF's receipt of a Section 202 loan commitment, determination that the desired parking facility for the site can be constructed in conjunction with the senior housing, compliance with the California Environmental Quality Act, and execution of a Development and Disposition Agreement; 4) Authorize the City Manager to negotiate and execute an Option Agreement, which provides RHF the exclusive right to purchase the air-rights of Parking Lot Four for the development of senior housing. - 9 - . . , It is recommended that the Parking Authority: 1) Adopt the attached resolution which authorizes the transfer of property at 1116-46 Fourth street by the Parking Authority to the City, subject to RHF's receipt of a Section 202 loan commitment. Prepared by: Carol Anderson, Housing Analyst Candy Rupp, Housing Program Manager Community and Economic Development :staff4th - 10 - . . . , , EXHIBIT 1: PROJECTED COST SUMMARY SECTION 202 LOAN Comparison of Development cost and MaximUM HUD 202 Loan DEVELOPMENT COSTS NOT INCLUDED IN 202 LOAN Parking Structure $1,381,950 Elevator - Two additional floors with lobby $ 28,000 Trash Chute - Two additonal floors and room $ 5,000 Off site Utilities $ 10,000 Landscaping $ 4,000 Facade Improvements $ 126,185 Parking Meters $ 52,000 Off-site costs $ 100,000 Architect & Engineers Fee $ 106,068 Contingency & Inflation (on above) $ 150,000 TOTAL NON-HUD COSTS $1,963,203 MAXIMUM HUD 202 LOAN: Construction Costs $2,805,000 Construction Contingency $ 84,776 Financing Costs $ 350,403 Construction Interest $310,403 Taxes $ 5,000 Insurance $ 20,000 Title and Recording $ 15,000 Legal $ 9,000 Organizational $ 2,000 Audit $ 5,000 Consultant Fee $ 40,000 Management Fee $ 6,600 Land Cost $ 800,000 TOTAL HUD COSTS $4,102,779 TOTAL PROJECT COST $6,065,982 SOURCES OF FUNDS HUD 202 LOAN $4,102,779 CITY LAND SALE PROCEEDS $ 800,000 CITYWIDE HOUSING TRUST FUND $1,163,203 ($17, 624junit) TOTAL FUNDS AVAILABLE $6,065,982