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SR-6-O (43) y!~'(- - (tJc~ -0/ 6-0 LUTM:PB:RF:GAS:TRAF.GENSERV council Meeting, October 8, 1991 Santa Monica, californi!lC1 8 1S:'j To: Mayor and city Council From: city staff Subject: Recommendation to Adopt Resolution Requesting the 1989-90 Los Angeles County "Aid to cities" Gas Tax Fund Allocation Introduction This report requests that City Council adopt the attached resolution requesting that the Los Angeles County Board of supervisors allocate 1989-90 "Aid to citiesU (ATC) Gas Tax funds in the amount of $111,638.00 to the City of Santa Monica in accordance with the guidelines for these funds. Background The County of Los Angeles appropriates a portion of Gas Tax funds to cities within the county to implement regional traffic signal synchronization projects in order to improve traffic mobility. The total amount of funds currently available to the City for 1989-90 is $111,638.00. These funds are being requested at this time based on new funding guidelines developed by Los Angeles County. These requirements include the necessity to go before city Council and request funds for traffic signal and similar congestion relief projects. The proposed projects for (ATe) funding are as follows: 6-tJ - 1 - OCT ~~ 1191 ~ h' a. Upgrading of the signal controllers and installation of interconnect hardware on pico Boulevard at 6th street and 18th Court and on Ocean Park Boulevard at 11th street, 14th street and 28th street. b. Installation of master control units at the City Hall and City Yards facilities. In order to receive the 1989-90 funds from the County, Council must now formally request these funds by resolution. The County Board of supervisors did not allocate to any city ATC funds for FY 1990-91. BUdget/Financial Impact Approval of the attached resolution will result in the City receiving $111,638.00 in "Aid to cities" Gas Tax fund revenue. This amount is already budgeted in Revenue Account No. 43-500- 401-00000-0090-10000. A new expenditure account has been established and the Council will need to appropriate these funds to that account. Recommendation It is recommended that the City Council: 1. Adopt the attached resolution requesting the allocation and payment of County "Aid to cities" Gas Tax fund; and - 2 - 2. Appropriate $111,638.00 to CIP account no. 43-770-415- 20092-8900-99214 (Synchronize/Interconnect Signals) from revenue account no. 43-500-401-00000-0090-10000. Prepared by: Paul Berlant, Director of Land Use & Transportation Management Ron Fuchiwaki, City Parking & Traffic Engineer Jamal Rahimi, senior Traffic Engineer Resolution Attachment: - 3 - RESOLUTION NUMBER 8303(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS TO BE USED IN ACCORDANCE WITH THE GUIDELINES FOR SAID FUNDS WHEREAS, the County of Los Angeles has appropriated certain monies to the City of Santa Monica as county Aid to Cities; and WHEREAS, the Los Angeles County Board of supervisors has adopted policies limiting the use of said monies to regional traffic signal synchronization projects, transportation system management (TSM), and congestion management (CM) projects that improve regional traffic mobility; or the design, acquisition of right of way, and construction of city streets on the County IS highway plan which are of general County interest and regional significance; and WHEREAS, the City Council desires to expend the amount of One Hundred Eleven Thousand six Hundred Thirty Eight Dollars ($111,638.00) of County Aid to cities Funds accrued to the city for the following projects in accordance with said policies; a. Upgrading of the signal controllers and installation of interconnect hardware on Pi co Boulevard and Ocean Park Boulevard. b. Installation of master control units at the city Hall and City Yards facilities. - 4- - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The County of Los Angeles is hereby requested to allocate One Hundred Eleven Thousand six Hundred Thirty Eight Dollars ($111,638.00) of the 1989-90 Aid to cities (ATC) funds apportioned to the city for the projects which will improve regional traffic mobility in accordance with the Los Angeles County Board of Supervisors policy regarding the use of said Aid to City funds. SECTION 2. After the allocation is approved by the Board of supervisors and funds are available, the County is requested to send such allocated amount to the City. The City will use funds for projects according to the terms of the allocation. SECTION 3. The city parking and Traffic Engineer shall forward a certified copy of this Resolution to the Los Angeles County Director of Public Works for processing. SECTION 4 . The City Clerk shall certify to the adoption of this ReSOlution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ."'" ~'~7~.A-..,. r~~_~~y.r..._.;~~~_ :- of .("~rdJ-,..r::- ~ , '-"". ROBERT M. MYERS City Attorney - 5 - Adopted and approved this 8th day of October, 1991. (] d~ '" Mayor I hereby certify that the foregoing Resolution No. 8303(CCS) was duly adopted by the city Council of the City of Santa Monica at a meeting thereof held on October 8th, 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen, Vazquez, Zane, Abdo Noes: Councilmembers: None Abstain: councilmembers: None Absent: Councilmembers: None ATTEST: ~~fi-e-? 12~ city Clerk / areas has been delivered to the unit or a tenant occupying the unit. 3} That, for each tenant occupied unit, a copy of the complete building inspection report has been delivered to the unit or a tenant occupying the unit. 4) No eviction has occurred pursuant to Government Code Section 7060 et seq. (the Ellis Act) within a five (5) year period prior to the filing of an application for Tenant-participating Conversion. 5) No eviction has occurred pursuant to Section 1806 (h) of the Charter (relating to eviction for pur- poses of owner occupancy or occupancy by relative of the owner) within a two (2) year period prior to the filing of an application for Tenant- Participating Conversion. 6) In obtaining the signatures of cosigning tenants and intending to purchase tenants, Ijwe, as owner ( 5) 0 f the building described in this ap- plication, neither offered nor agreed to pay mon- ey or other financial consideration to par- ticipating tenants if the tenants would release all rights that they had to purchase a rental unit in the building. (e) That the form of tenant ownership for which the application is submitted will be a Condominium. (f) Is signed by cosigning tenants occupying 75% (not less than two-thirds) of all the residential units in the building. (If there is more than one tenant in a unit, the signature of only one tenant is required.) (g) Identifies the cosigning tenants and the units occu- pied by such tenants and lists all other tenants known to the owner in the building and the units they occupy. (h) Contains a declaration that cosigning tenant was obtained in writing, to such tenant of in subsections (a) (b) (c) Section. the signature of each only after the delivery, the information required (d) and (e) of this (i) Contains a declaration that all lawful notices have been given of the application for conversion. (j) Has attached to the application statements of Tenant Intent to Purchase, was signed by Intending to Pur- chase Tenants occupying 63% (not less than fifty per- cent) of the total number of residential units in the building at the time of filing of the original ap- plication. (If there is more than one tenant in a unit, the signature of only one tenant is required.) - 3 - on the following four sites: 1747 15th street 9 units 1828 17th street 7 Units 1968 19th street 7 units 1544 Berkeley 7 Units The project is being financed through a combination of conventional loans, a loan from the state Rental Housing construction Program, private investor equity (attracted by the syndication of Federal Low Income Housing Tax Credits which the project received) and a loan from a City-administered developer agreement payment made to the City in connection with the Colorado Place development. A total of 24 of the 30 units at Garcia Apartments will be affordable to households making no more than 60 percent of area median income (This 60 percent figure for a family of four currently is $25,200). The remaining six units will be affordable to households making no more than 80% of area median income ($33,600 for a family of four). Pro;ect Financina: On April 17, 1989, the city Council approved a permanent loan of $1,400,000 for the project. Approximately $1,100,000 of this has been utilized by the project so far, almost exclusively for land costs. On June 18, 1991, the City Council approved three additional transactions: 1. Approved a three-year, zero interest, "bridge" loan for $537,531. These funds are to be repaid as the equity investors 2 make their scheduled payments to the project over a three year period. 2. Approved the transfer of the 15th street site from the Redevelopment Agency to Garcia Apartments Partnership with CCSM as its general partner. In payment, the city would accept a $281,000 deferred payment Promissory Note secured by a Deed of Trust on the property. 3. Authorized funding of an internal interest reserve of $151,830 to satisfy a requirement made by the conventional construction lender. This reserve is to be funded only in the unlikely event that the below-market loan commitment received by the project from the permanent lender is not funded. Need for Additional Three Month Interim Loan: The allocation of Low Income Housing Tax Credits is administered by the Tax Credit Allocation Committee of the state of California (TCAC). CCSM has obtained an allocation of tax credits. TCAC regulations require that the project must close its construction loans no later than October 18th or lose the tax credits. In order to meet this TCAC deadline, CCSM has proposed that all loan funds be deposited into an escrow account and that all loan documents and security instruments be executed and recorded. The escrow agent would be instructed to hold all funds until it has received confirmation that the tax credits have been sold and that the first investor payment is available. This threshold is 3 expected to occur on or before January 15, 1992. In the event that the tax credits are not sold by January 15, 1992, funds will be returned to the respective lenders, reconveyances and other documents releasing the property from all encumbrances will be filed, and the project will not go forward. One of the construction lenders, the state of California, has refused to close its construction loan unless all of the sources of funds, including funds related to the sale of tax credits, are put into escrow. We believe that the state will agree to the October 18, 1991 construction loan closing provided that the City commit to a three month interim loan in an amount equal to the first investor payment for the tax credits ($425,000). Investor payments are made over a mUlti-year period, generally ranging from three to eight years, depending upon the investor. This interim loan commitment, together with the City financing, the private construction loan, and the state loan, will enable the project to have 100 percent of its sources of funds available to be put into escrow. Funds would not be drawn out of escrow, however, until the tax credit syndication is completed. Because the new interim loan from the city will be repaid from the first investor payment, these additional funds will never be drawn. CCSM is currently negotiating with two investors to purchase the tax credits. Progressive Asset Management (PAM), which has been working with CCSM to market the credits for the past several 4 months, is offering the more attractive deal for the project. PAM believes that 90 - 100% of the tax credits can be sold by January l5, 1992. Under this scenario, the city's interim loan will be "paid off" with the proceeds of the initial investor payment. The city's previously approved three-year bridge loan of $537,531 will be repaid by subsequent investor payments. PAM's equity syndication provides an initial payment of $650,000 at the time of the funding the construction loans and two additional payments of $350,000 in the following two years. In order to have an alternative investor in the event that PAM is unable to sell a sufficient amount of tax credits, CCSM has secured a commitment to purchase the tax credits from a second investor, Chevron corporation. The Chevron transaction is much less advantageous to the project, would require an extension of the City's $537,531 bridge loan from three years to eight years and would further require the developer to secure an additional $425,000 conventional bridge loan to be paid back over eight years. In the event that CCSM chooses to accept the Chevron offer, City staff will return to the City Council with a request to extend the City's $537,531 bridge loan commitment to eight years. In order to meet TCAC's required deadline, the conventional lender and the City have already agreed to close the construction loans. The staff believes that the state will agree, if the City agrees to make this three month $425,000 bridge loan. If this additional 5 interim loan is not provided and the construction loans do not close on or before October 18, 1991, the tax credit allocation will have to be returned. This will make the project economically infeasible in its present configuration. FINANCIAL/BUDGETARY IMPACT The $425,000 interim loan will be committed from the following Citywide Housing Acquisition and Rehabilitation Program accounts: 18-720-264-22892-8920-99049 $223,345.00 18-720-264-22891-8920-99049 $201,655.00 $425,000.00 These funds will be needed for other affordable housing projects that are scheduled to begin construction in 1992. Therefore, these funds must be returned no later than January 15th in order to recycle these trust fund dollars. RECOMMENDATION Staff recommends approval of an additional bridge loan not exceed three months to the developer, Community Corporation of Santa Monica (CCSM) in an amount not to exceed $425,000.00, based upon the terms and conditions outlined in this report. Prepared by: Peggy Curran, Director Charles Elsesser, Housing Program Manager Denise Altay, Senior Development Analyst Community Development Department 6