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SR-407-000-05 (10) e .- ~CitYOf Santa Moniea@ City Council Report 3"","~ I~, z.~ City Council Meeting: Ma~ 9,999& Agenda Item: ~ I S To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Request for Approval of Methodology for Calculating the Annual Adjustments to the Affordable Housing Fee Pursuant to Municipal Code Section 9.56.070 Recommended Action For purposes of calculating the annual adjustments to the City's affordable housing fee, staff recommends that the City Council approve using: (1) the Engineering News Records Construction Cost Index to track construction costs; (2) the weighted average annual change in median condominium sales prices by Zip Code to reflect changes in land costs; and (3) current development cost data for recently completed or In-progress affordable multi-family development assisted by the City to establish the relative balance between land cost inflation and construction cost inflation. Executive Summary Last Fall, the City Council adopted an ordinance modifying the City's affordable housing fee and providing that the fee would be adjusted each July 1st beginning this year. The 1 ordinance specifies that the annual fee adjustment shall be based on changes in construction and land costs. This report recommends that the City Council approve a methodology for ascertaining changes in those costs and thereby for calculating the adjustment. Discussion By amending Municipal Code Section 9.56. 070, the City Council has established law and policy with respect to the City's affordable housing fee. In order to implement the Council's decision, a proposed method of computation has been formulated. It reflects changes in construction and land costs. This proposed methodology is detailed in the April 24, 2006 letter prepared by Hamilton, Rabinowitz & Alschuler, Inc. that is attached to this report as Attachment A. Specifically, staff recommends that construction cost changes be measured using the Engineering News Record's ("ENR") Construction Cost Index. That index is well established, is updated monthly, and is readily available over the Internet. As to land costs, staff recommends use of the weighted average annual change in median condominium sales prices within the City by Zip Code. These data are published by the Los Angeles Times each January, using Los Angeles County Assessor data compiled by Dataquick. They are also available on a subscription basis from other vendors, such as First American Real Estate Solutions. 2 The relative balance between land costs and construction cost changes can be determined based on current development cost data for recently completed or construction-in-progress multi-family affordable developments assisted by the City. We recommend using a simple average of the ratio between land purchase price and the sum of land cost and construction cost to derive the land value percentage; the inverse of this ratio would be the construction cost share. In practice, the affordable housing fee will be adjusted by resolution of the City Council as part of the annual budget process in June of each year. Using the data described above, staff would measure the weighted average annual change in median condominium sales price for the immediately preceding calendar year, and the construction cost index change between March of the budget adoption year and March of the immediately preceding year. Using the annual averages for sales price information will smooth out the differences between sales statistics for particular months. As to construction costs, however, using the monthly year-over-year approach will best ensure that the fee keeps pace with the actual cost to the City of developing affordable housing. Alternatives As an alternative approach, the City Council might choose to use the Consumer Price Index ("CPln) as a basis for adjusting the affordable housing fee because it IS conveniently available. However, the CPI, which reflects changes in the cost of 3 consumer goods, is not a reliable measure of changes In the costs of developing housing, and so staff does not recommend this approach. BudgetlFinanciallmpact There is no financial impact. Prepared by: Marsha Jones Moutrie, City Attorney Attachment: Hamilton, Rabinowitz & Alschuler, Inc. 4/21/06 Letter Approved: Forwarded to Council: / f: \atty\muni\strpts \m j m \affordhsgfeeadjust.doc 4 HAMILTON, RABINOVITZ & ALsCHULER, INC. Policy. Financial & Management Consultants April 24, 2006 Mr. Ron Barefield Housing Administrator City of Santa Monica 2121 Cloverfield Blvd., Suite 100 Santa Monica, CA 90405 Re: Annual Adiustment for the Affordable Housing Fee Dear Ron: Per your request, this letter summarizes an annual adjustment approach we recommended for the City of Santa Monica's ("City") Affordable Housing Fee, which developers of multi- family residential developers may elect to pay, pursuant to Santa Monica Municipal Code Section 9.56.070, as amended. This recommendation was included in Section V of our recent report, 2005 Update, The Nexus Between New Market Rate Multi-Family Developments in the City of Santa Monica and the Need for Affordable Housing, July 1, 2005 ("2005 Nexus Study Update"). .' In order to better ensure that the Affordable Housing Fees remain consistent with changing market conditions, it would be prudent for the City to apply an annual adjustment index, but to use an inflation concept other than the Consumer Price Index (CPI). While the CPI is often used to make inflation adjustments because of its convenience, the monthly changes in the value of consumer goods that dominate the CPI are not be the most appropriate basis for measuring change in the City's cost to develop affordable housing. However, to be meaningful, any alternative index must rely on data that is readily accessible to City staff for calculating the change, and for the public's information. A suitable alternative approach would need to measure annual changes in land cost and construction costs, which together account for about 75-80 percent of the cost of new affordable housing development.l There are, in our experience, several well-established construction cost indices. We recommend Engineering News Record's (ENR) Construction Cost Index, because it 1 The other 20-25% consists of professional fees and other "soft costs" and financing costs, neither of which is regularly monitored by third party sources for inflation changes. 2800 28m STREET, SUITE 325, SANTA MONICA, CALIFORNIA 90405 · TEL: 310.581.0900 . FAX: 310.581.0910 Los ANGELES No. CAUFORNIA PORTlAND, OR NEW YORK Ron Barefield Housing Division City of Santa Monica April 24, 2006 is updated monthly and is readily available via the Internet. However, there is no comparable index of changes in land cost. One proxy measure that could be used for land cost changes is change in median condominium purchase prices? Since the median condo sale price for the City as a whole would be skewed by the tendency for sales to be concentrated in a few subareas, a more neutral measure would be the weighted average annual change in median condo sale prices by ZIP Code. These data are published by the Los Angeles Times each January, using Los Angeles County Assessor data compiled by Dataquick. They are also available on a subscription basis from other vendors, such as First American Real Estate Solutions. The relative balance between land cost inflation (based on changes in median condo prices) and construction cost inflation (based on a construction cost index) could be determined based on current development cost data for recently completed or construction-in-progress multi- family affordable developrrients assisted by the City. We recommend using a simple average of the ratio between land purchase price and the sum of land cost and hard construction cost to derive the land value percentage; the inverse of this ratio would be the construction cost share.3 Since the proposed annual inflation adjustments to the Affordable Housing Fee will be adopted by Resolution of the City Council as part of the annual budget process each June, we recommend that City staff measure the weighted average annual change in median condominium price for the immediately preceding calendar year, and the construction cost index change between March of the budget adoption year and March ofthe immediately preceding year. We recommend using the annual change in median condo prices in the calculation, rather then year- over-year changes in March or any other month, because median monthly prices can vary significantly due to the number of sales and particular composition of the sales in any particular month. The annual average tends to smooth out these effects. We recommend the monthly year- over-year approach for construction costs, however, because construction represents a much larger share of total project cost. Using the most recently available construction cost inflation data better ensures that the Affordable Housing Fee will keep pace with the actual cost to the City of developing affordable housing. Table I below, which is a variation on Table V -5 from the 2005 Nexus Study Update,4 illustrates how such an annual index could be constructed and applied to the recently adopted Affordable Housing Fees for new market rate apartment and condominium projects, for FY 2006-07. It shows, for example, that a weighted average inflation index as proposed herein 2 Consistent with the City's historical experience, this assumes that most new affordable multi-family projects will be developed in multi-family districts, although some recent projects include sites in commercial districts. Unlike residential property, there is no readily available data source for commercial land price changes. 3 For example, if the average land cost for recent projects was $3.0 million and average hard construction cost was $9.0 million, the land to land plus construction cost ratio would be 25% ($3.0 million I ($3.0 million + $9.0 million) and the construction cost to land cost plus construction cost ratio would be 75%. 4 Table V -5 was based on Citywide average fees, which was one alternative fee schedule presented in the 2005 Nexus Study Update. Table 1 herein uses the alternative weighted average fees, which were also presented in the 2005 Nexus Study Update, and it was these fees that the City Council actually adopted on October 11,2005. HAMILTON, RABINOVITZ & ALSCHULER, INC. Page 2 Ron Barefield Housing Division City of Santa Monica April 24, 2006 would result in a 7.9 percent annual increase, compared with a 5.2 percent increase based on construction costs alone, or 5.1 percent based on the CPI. It is my understanding that the inflation adjustment approach described above will be presented to the City Council on May 9, 2006. We are available to assist you, as needed, with that presentation. Since~e" ~ ~~ Partner HAMILTON, RABINOVITZ & ALSCHULER, INC. Page 3 Ron Barefield Housing Division City of Santa Monica April 24, 2006 Table 1 Affordable Housing Fee Annual Inflation Adjustment Calculations for FY 2006-07 Land Cost Inflation ZIP Code 90401 90402 90403 90404 90405 Median Annual Price Change During 2005 35.9% -2.1% 9.8% 25.5% 10.5% # Condos Sold 27 3D 237 162 144 600 CalculatIon Weights 4.5% 5.0% 39.5% 27.0% 24.0% I Weighted Avg. 1.6% ,,(),1% 3.9% 6.9% 2.5% 14:8%1 Construction Cost Inflation Source: Los Angeles Times, Real Estate Section, p. K19, January 22,2006 (based on DataQulck Information Systems) Engineering News Record's Construction Cost Index March 2005 Index Value March 2006 Index Value Percentage Change 2005-2006 7,309 7,692 6~ Source: Engineering News Record (available at http://www.enr.constructlon.comlfeatures/coneco/subs/constlndexHislasp) Derivation of Land Cost and Construction Cost Calculation Weights Most Recent CCSM Family Rental Projects 1424 Broadway 2601 Santa Monica Boulevard 2209 Main Street Source: Housing Division, City of Santa Monica Inflation Factor Derivation land Value Inflation Construction Cost Inflation Adjusted Fees Condos Apartments $ $ $ $ Land Cost 3,640,000 3,250,000 3.120.000 10,010,000 28% Hard Construction $ 8,100,000 $ $ 8.100,000 $ $ 9123910 $ $ 25,323,910 $ 72% Weight 28.3% 71.7% I ililfR'lll Inflatton Factor 7.9% 7.9% Total 11,740,000 11,350,000 12.243.910 35,333,910 100% WId. Avg. 4.2% ~ 7.9%} Updated Fees _ $28.151 $24.10 $ Change $2.07 $1.77 Inflation Value 14.8% 5.2% Oct. 2006 Base Fees $26.08 $22.33 For Information Only: Consumer Price Index Change, LA-Riv-Or Co., All Urban Consumers Feb. 2005 Index Value 197.4 Feb. 2006 Index Value 207.5 Percentage Change 2005-2006 5.1 % Source: US Bureau of labor Statistics (available at: http://www.bls.gov/cpl) Prepared by: Hamiffon, Rabinovitz & Alschuler, Inc. HAMILTON, RABINOVITZ & ALSCHULER, INC. Page 4