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SR-06-11-2013-3Q - 407-000-03/203-001lama City of Santa Aiouiea° City Council Meeting: June 11, 2013 Agenda Item: 9-Q To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Housing Authority of the County of Los Angeles Scattered Sites Bonds Recommended Action Staff recommends that Council adopt the attached resolution required for the Housing Authority of the County of Los Angeles (HACLA) to secure ongoing financing for 41 affordable apartments that it owns and operates in Santa Monica, located at 1855 9th Street, 1450 14th Street, and 2006 20th Street (Properties). The proposed resolution would: 1. Consent to HACLA's issuance of bonds in an amount not to exceed $8,000,000 and issuance or acquisition of mortgage loan(s) in connection with the Properties; and 2. authorize the City Manager to negotiate and execute a Cooperation Agreement between HACLA and the City of Santa Monica in connection with Properties. Executive Summary In an effort to preserve 41 affordable apartments, HACLA intends to restructure the financing of the Properties. Current operating subsidies provided by the state will not be available past 2015. HACLA proposes issuance of tax - exempt, multi - family mortgage revenue bonds as a potential subsidy source. Issuance of tax - exempt revenue bonds requires consent by the local legislative body (City Council), although the City of Santa Monica will neither issue the bonds nor be responsible for their repayment. Background HACLA entered into a single, 99 -year ground lease for the Properties in 1982. The Properties are subsidized by the State of California Housing and Community Development Department (HCD) through its Rental Housing Construction Program (RHCP), which provides financing to HACLA to construct, maintain, and operate affordable housing at the Properties. The RHCP is structured to allow deep affordability as a result of HCD providing annual operating subsidies. For the past few years, HCD 1 has been unable to provide subsidies at levels required to financially sustain the Properties. Furthermore, HCD has indicated that the annuity fund that was used to fund the RHCP operating subsidies will not be available after 2015, eliminating the subsidy entirely, and has asked HACLA to consider options to financially restructure the Properties. Discussion Without the continued HCD subsidy, continued operation of the Properties as affordable housing is not financially viable because rental income from the very low- income residents is insufficient to fund operating expenses. In order to preserve the 41 affordable apartments, HACLA has identified federal tax credits, tax - exempt multi - family revenue bonds, and Section 8 project -based vouchers as appropriate financial restructuring mechanisms for the Properties. The California Tax Credit Allocation Committee ( CTCAC) allocates federal low- income housing tax credits through a competitive application process based on a point system and need basis. Tax credit awards are conditioned on the issuance of tax - exempt revenue bonds and Section 8 vouchers. Funding for Section 8 project -based vouchers comes from funds already obligated by U.S. Housing and Urban Development to a public housing agency under its annual contributions contract. HACLA anticipates submitting an application to the CTCAC in 2013 seeking low- income housing tax credits for the Properties. Issuing tax - exempt revenue bonds and allocating Section 8 project -based vouchers will facilitate HACLA's application. In order for HACLA to issue tax - exempt revenue bonds on properties in Santa Monica, the City of Santa Monica must provide consent in accordance with Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California. Moreover, the Tax Equity and Fiscal Responsibility Act (TEFRA) requires a public hearing regarding the issuance of tax - exempt revenue bonds, which will be conducted by HACLA. With City Council consent, HACLA can submit the Inducement Resolution and Tax Equity and Fiscal 2 Responsibility Resolution to the HACLA Housing Commissioners and Board of Commissioners, and to the Los Angeles County Board of Supervisors. The City of Santa Monica will not issue the bonds or Section 8 vouchers for the Properties, and neither the City nor its residents will be responsible for repayment of the bonds. The repayment of bonds and allocation of Section 8 vouchers will be the sole obligation of HACLA. The attached resolution consents to HACLA's issuance of up to $8 million of tax - exempt multi - family revenue bonds and acquisition of mortgage loans, and authorizes the City Manager to negotiate and execute a Cooperation Agreement with HACLA regarding appropriate financing restructure mechanisms to preserve the Properties as affordable housing. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended actions. Prepared by: Ava Lee, Senior Development Analyst Approved: Forwarded to Council: Andy Agle, Dir t Rod Gould Housing and Economic Development City Manager Attachments: Attachment A: Resolution 3 Reference: Contract No. 9747 (CCS) And Resolution No. 10749 (CCS)