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SR-414-003 (7) 'I / L( / 00 3 CC/~_2 AUG 9 1988 Santa Monica, California . C/ED:HSG:JG:wp Redevelopment Agency Meeting: 8/9/88 City Council Meeting TO: Chairperson and Redevelopment Agency Mayor and City Council FROM: city Staff SUBJECT: Recommendation to (I) Adopt Resolutions Allocating Funds to the Downtown, Ocean Park lea) and l(b) Redevelopment proj eat Low and Moderate Income Housing Trust Fund, (2) Approve Earnest Money Agreement with Community Corporation of Santa Monica, and (3) Approve Revised Program Guidelines for the City-wide Housing Acquisition and Rehabilitation Program INTRODUCTION This report transmits for adoption resolutions allocating funds to the Downtown, Ocean Park lea) and l(b) Redevelopment Project Low and Moderate Income Housing Trust Fund for use in the City-wide Housing Acquisition and Rehabilitation Program (CHARP) as approved in the Fiscal Year 1988-89 Budget. Also transmitted for approval are a standard Agreement for use of CHARP "earnest money" funds by Community Corporation of Santa Monica and revised Program Guidelines for the CHARP Program. BACKGROUND At the start of each fiscal year, in order to utilize the redevelopment tax-increment funds appropriated for affordable housing development, resolutions finding such activity to be of benefit to the redevelopment projects must be adopted by the Agency and the City Council. In addition, it is necessary to execute an Agreement with Community Corporation of Santa Monica - 1 - c CkA-2 AUG 9 198& (CCSM) for the disbursal of $75,000 from CHARP for earnest money deposits. CHARP was created in 1983 to preserve and expand the stock of affordable housing in Santa Monica. In Fiscal Year 1987-88 a total of thirty-six (36) units were assisted with CHARP funds, at an average per unit cost of $26,500. The Agency adopted CHARP Program Guidelines in 1983, revising them in November 1985 and September 1986 to account for changing market conditions and to ensure the efficient implementation of the Program. Further revisions of the Guidelines are necessary at this time to allow flexibility in the use of Program funds in conjunction with new Federal and state low income housing tax credit programs. DISCUSSION Resolutions of Benefit California Redevelopment Law allows local Redevelopment Agencies to use tax-increment funds from a redevelopment project for activities that will be of benefit to the project. Under the provisions of this law, activities that will increase or improve the supply of affordable housing for low and moderate income households are considered to be of benefit to redevelopment projects. The City Council must concur in finding the allocation of funds for off-site housing to be of benefit to the redevelopment project. In order to utilize the new redevelopment tax-increment funds of $303,122 appropriated for CHARP in the - 2 - FY88-89 budget, the attached resolutions must be adopted by the Redevelopment Agency and City Council. Upon adoption of the attached resolutions, the Controller of the Agency is responsible for placing the Housing Trust Funds in an interest-bearing account. Aqreement for "Earnest Money" Funds In addition to adopting the resolutions, it is also necessary to approve and execute an Agreement with COllmlunity Corporation of Santa Monica (CCSM) for use of the $75,000 "Earnest Money" component of CHARP. These funds are used for deposits on properties to be purchased for affordable housing projects, and as a revolving fund for reimbursable development expenses of projects which have received prior written approval from the Agency, and which cannot be obtained on a contingency basis. The "Earnest Money" Agreement is the standard grantee contract form used in the community Development Program. It is the same Agreement used last year, and there will be no change in the process of project review or approval authorization. The Agreement includes all appropriate provisions of state law applicable to redevelopment agency activities and the usual Federal and City requirements including accounting procedures, political activities, and equal employment opportunity. ... Revision of Program Guidelines The CHARP Program provides thirty-five (35) year deferred payment loans to eligible borrowers for the acquisition, rehabilitation, - 3 - and/or new construction of affordable housing units for low and moderate households in Santa Monica. A Requlatory Agreement restricting the rent levels, occupancy, management, and disposition of the assisted property is recorded to secure each loan. The proposed revisions involve the following areas: (1) the use of Program funds as "bridge loans" for affordable housing developments being syndicated to generate equity capital, and (2) the per unit loan amount ceiling. These revisions will not affect any of the project review and approval processes currently in place. In all other respects the Program guidelines would remain unchanged. 1. Use of proqram Funds in syndicated Projects To encourage and assist the development of affordable low income housing throughout the country, the U. s. Congress created a program of Federal low income housing tax credits as part of the Tax Reform Act of 1986. The california legislature enacted an equivalent program of state low income housing tax credits in 1987. These tax credits may be .1 syndicated, It or sold to limited partner investors who contribute equity to the housing developments in exchange for the tax credits. As other Federal and state housing assistance programs have disappeared, syndication of tax credits is increasingly being used across the country to generate equity for affordable housing developments. communi ty corporation of Santa Monica with the California Equity Fund (CEF), equity pool, to syndicate several of (CCSM) has been working a corporate tax credit CCSM's current housing - 4 - developments. Sale of the tax credits will generate from $200,000 to $500,000 in equity per project, directly reducing the level of City assistance required to make the developments feasible. Limited partner equity is typically paid into a syndicated project over the course of three to seven years as the limited partners receive the tax credits they have purchased. This creates the need in syndicated projects for Ubridge loans." Bridge loans provide the funds required to complete the project at escrow closing, and are repaid through equity contributions of the limited partners. Bridge loans are available in the private market, however they carry high interest rates which absorb a significant portion of the equity generated through the syndication. The proposed revision to the Program Guidelines would make bridge loans an eligible use of City-wide Housing Acquisition and Rehabilitation Program funds. These loans would be repaid over a period of ten years or less, and would bear simple interest at a rate equal to the "passbook savings rate" established by the U.S. Department of Housing and Urban Development (HUD), currently five and one-half percent (5.5%). Projects receiving bridge loans would be subject to the same requirements as projects receiving deferred payment loans from CHARP. For projects receiving both a bridge loan and a deferred payment loan from CHARP, the combined total of the loans could not exceed the maximum loan amount specified in the Program Guidelines. - 5 - Revising the Program Guidelines to allow the use of CHARP funds for bridge loans will significantly increase the feasibility of developing syndicated affordable housing in Santa Monica and will further leverage scarce City funds by encouraging the syndication of affordable housing developments. 2. Increase in Maximum Per Unit Loan Amount The CHARP Program Guidelines specify a maximum project loan amount of $35,000 per unit. The actual loan amount is based on the lesser of either (1) the gap between total development costs and the maximum private mortgage, or (2) the maximum per unit loan amount. Staff is recommending that the maximum per unit loan amount be increased to $45,000 at this time due to escalating land and property costs in Santa Monica and the decreasing availability of state and Federal housing subsidies. Property acquisition typically makes up between thirty-five and forty percent (35% and 40%) of total project cost in new construction projects, and up to eighty percent (80%) in acquisition and rehabilitation projects. Rising property costs therefore significantly increase total development costs and the level of city assistance necessary to make affordable housing developments feasible. As you know, land prices in Santa Monica have risen dramatically in the past several years. For example, typical vacant land prices in the pi co Neighborhood have risen from between $20 and $25 per square foot as little as two years ago to between $30 and $40 per square foot today, an increase of approximately fifty - 6 - percent in only two years. The cost of multifamily properties suitable for acquisition and rehabilitation has undergone a similar increase. Current listing prices of such properties range from $58,333 to $101,500 per unit. Affordable rents can only capitalize an average of $55,000 in private debt financing per unit. Acquisition costs of $58,333 to $101,500 per unit, when added to average rehabilitation costs of $10,000 per unit, thus result in per unit financing gaps of between $13,333 and $55,500. Federal and state housing assistance programs previously available to finance affordable housing development have been sharply curtailed in recent years, and in some cases eliminated. Tax-exempt financing at below-market interest rates, for example, had been used widely for affordable housing development but is no longer available. Thus, given dwindling outside resources and rapidly escalating property costs, and in order to continue financing affordable housing developments throughout the city, and not just in areas where property prices are lowest, a maximum per unit CHARP loan amount of $45,000 is recommended. Applicants for CHARP loans will continue to be required to seek out diminishing Federal and state financing resources and will be assisted by City staff in doing so. FINANCIAL/BUDGETARY IMPACTS The Fiscal Year 1988-89 budget includes a total appropriation of $500,000 for the City-wide Housing Acquisition and Rehabilitation - 7 - Program. This appropriation is reflected in the following accounts: Funds Requiring Resolutions of Benefit 16-720-264-000-942 18-720-264-128-942 18-720-264-129-942 Downtown Fund Ocean Park l(b) Fund Ocean Park l(a) Fund $102,649 $146,345 $54,128 $303,122 TOTAL !unds Not Requiring Resolutions of Benefit 16-720-264-731-942 16-720-264-000-942 18-720-264-128-942 18-720-264-129-942 Vitale Gilpin Fund Earnest Fund Repayment Earnest Fund Repayment Earnest Fund Repayment TOTAL $121,878 $37,500 $27,375 $10,125 $196,878 The adoption of the attached resolutions will have no additional budgetary impact. The approval of the Agreement with CCSM will result in the expenditure of $75,000 from the fOllowing accounts: 16-720-264-000-942 18-720-264-128-942 18-720-264-129-942 $37,500 $27,375 $10,125 RECOMMENDATIONS It is recommended that the Redevelopment Agency: (1) Adopt the attached Resolution of the Redevelopment Agency of the City of Santa Monica allocating $102,649 into the Downtown Redevelopment Project to provide funds for CHARP, and finding the provision of affordable housing to be of benefit to the Downtown Redevelopment Project. - 8 - (2) Adopt the attached Resolution of the Redevelopment "'- 'JlL~'- .- Agency of the city of Santa Monica allocating $54,128 into the Ocean Park Redevelopment project lea) to provide funds for CHARP, and finding the provision of affordable housing to be of benefit to the Ocean Park Redevelopment Project lea). (3) Adopt the attached Resolution of the Redevelopment Agency of the city of Santa Monica allocating $146,345 into the Ocean Park Redevelopment Project l(b) to provide funds for CHARP, and finding the provision of affordable housing to be of benefit to the Ocean Park Redevelopment Project l(b). (4) Approve the attached Agreement by and between the Redevelopment Agency of the City of Santa Monica and Community Corporation of Santa Monica for $75,000 in CHARP Earnest Money funds. (5) Approve the revisions to the program Guidelines for the city-wide Housing Acquisition and Rehabilitation Program as discussed in this report. It is recommended that the City Council: (6) Adopt the attached Resolution of the city Council of the City of Santa Monica finding the use of funds in the Downtown Redevelopment Project Low and Moderate Income Housing Trust Fund to be of benefi t to the Downtown Redevelopment Project. - 9 - (7) Adopt the attached Resolution of the City Council of the city of Santa Monica finding the use of funds in the Ocean Park lea) Redevelopment Project Low and Moderate Income Housing Trust Fund to be of benefit to the Ocean Park lea) Redevelopment Project. (8) Adopt the attached Resolution of the city council of the city of Santa Monica finding the use of funds in the Ocean Park l(b) Redevelopment Project Low and Moderate Income Housing Trust Fund to be of benefit to the Ocean Park l(b) Redevelopment Project. Prepared by: Jack Gardner, senior Development Analyst Candy Rupp, Housing Program Manager Department of Community and Economic Development ;charprep - 10 -