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SR 07-24-2018 8D City Council Report City Council Meeting: July 24, 2018 Agenda Item: 8.D 1 of 9 To: Mayor and City Council From: Andy Agle, Director, Housing and Economic Development, Housing Division Subject: Approve the Proposed Housing Trust Funds Initial Plan Recommended Action Staff recommends that the City Council approve the proposed Housing Trust Funds Initial Plan, as recommended by the Housing Commission, which would establish priority goals and funding allocations among target populations for the use of housing trust funds, as described in Attachment A. Executive Summary Maintaining a diverse and inclusive community is one of the Council’s top Strategic Goals and is at the core of our community’s values. Santa Monica voters have repeatedly confirmed their support for affordable housing policies and funding. Given increasingly powerful market pressures, preserving Santa Monica’s affordability to people from the full range of incomes is increasingly challenging. Along with rent control, inclusionary zoning, and the programs of our Housing Authority, allocation of resources from the Housing Trust Fund is one of the key drivers of preserving housing affordability levels in Santa Monica. These funds come primarily from redevelopment loan repayments and the stream of ongoing revenue provided by the voter-approved sales tax, Measures GS/GSH. Current City policy establishes criteria for eligible uses of Housing Trust Funds (HTF) for affordable housing preservation and production targeted to lower income households . However, the criteria does not provide direction regarding allocation of funds to target specific populations in need of housing assistance. The proposed HTF Initial Plan (Initial Plan) would establish an annual funding limit and goals for allocating funds equally to benefit seniors, persons living with disabilities, large families, and small families/individuals. The Initial Plan would also establish a priority of expanding the Preserving Our Diversity basic-subsidy pilot program, as well as housing persons on the 2 of 9 Santa Monica Homeless Registry who are living in shelters or are unsheltered. Finally, the Initial Plan would direct staff to increase affordable housing opportunities for Santa Monica workers. Though not directly related to the HTF, the Housing Commission also recommended that the City prioritize studying the feasibility of revising the City’s inclusionary housing policies to achieve a broader range of household income levels within inclusionary housing, similar to the policy adopted in the Downtown Community Plan. The Initial Plan furthers the City Council’s strategic goals of maintaining an inclusive and diverse community and addressing homelessness. Background On July 25, 2017 (Attachment B), Council adopted revisions to the Housing Trust Fund Guidelines, which included a provision that staff prepare a proposed initial plan regarding the use of Housing Trust Funds (HTF), to cover the remaining period of the Housing Element, through 2021. Discussion Following Council adoption of the revisions to the Housing Trust Fund Guidelines, s taff prepared and released a Draft HTF Initial Plan (Draft Plan) on February 13, 2018 (see Attachment C). The Draft Plan included background information about the history and role of the HTF, the existing affordable housing stock, new sources of revenue for affordable housing, the status of the Housing Element’s Quantified Objectives for housing production, and recent years’ housing production results pursuant to Proposition R. Additionally, the Draft Plan provided three options for prioritizing the use of Housing Trust Funds, which are summarized below:  Option 1 - Prioritizes current Quantified Objectives deficit of low- and moderate- income housing  Option 2 - Includes priorities of Option 1, and adds a priority for persons living with disabilities and/or experiencing homelessness  Option 3 - Prioritizes households with incomes below 60 percent of area median income, with equal priorities for housing seniors, large families, small 3 of 9 families/individuals, and persons living with disabilities and/or experiencing homelessness At the conclusion of the public review process, as an alternative to approving one of the three options in the Draft Plan, the Housing Commission developed and approved the Initial Plan. An overview of the public review process of the Draft Plan, including the public comment received, is provided in Attachment D. Housing Commission Discussion At the April and May 2018 Housing Commission meetings, Commissioners held a robust discussion regarding the Draft Plan, considering the three options presented in the Draft Plan, summarized above, and proposing additional options, including expansion of the Preserving Our Diversity (POD) program (a cash-benefit program approved by the City Council which increases household income to a predetermined, basic-needs amount for participating households; see Council staff report regarding the POD pilot program, provided as Attachment E) and setting an annual HTF spending limitation of $15-18 million. A significant portion of the Housing Commission discussion centered on possible expansion of the POD program, including to what extent the program should be expanded, as well as the tradeoffs of using HTFs to fund the POD program. The Commission discussion noted that using HTFs for the POD subsidy to households does not increase the supply of affordable housing or satisfy the Quantified Objectives (“Quantified Objectives” refer to the amount of new housing production Santa Monica is required to produce within a Housing Element cycle, as mandated by State law). Another concern was that the POD program is still in its pilot phase, and the efficacy of the pilot program should be determined before transitioning toward program expansion. Others argued that a core element of POD’s success is that by enabling extremely low- income seniors to stay in their homes through a relatively small amount of City assistance, it effectively preserves existing affordable-housing resources in a very cost- efficient manner. While doing so, Commissioners also noted that it enables participants to live with dignity as integral members of our community. 4 of 9 Commissioners proposed different amounts for the expansion of the POD program, ranging from a modest expansion to increasing the funding thirty-fold. A majority of Commissioners ultimately compromised on a recommendation to increas e the POD program funding to $2 million per year and expand the program to additional households. Two commissioners who voted not to support the Initial Plan indicated their decision was based primarily on disagreement regarding the proposed expansion of the POD program or the associated proposal to use HTFs, though both commissioners indicated their general support for the concept and goals of the POD program. Significant discussion also occurred regarding setting an annual HTF spending limit of $15-$18 million. Some commissioners questioned whether the imposition of an annual funding limit when funding is otherwise available would be prudent, given an assumption that the cost of purchasing land (or existing apartments) and constructing new housing would likely increase in the future. A further aspect of the discussion focused on the issue of whether any unused portion of an annual funding limit would accrue to the budget for the following year. An alternative would be to set the $15-18 million figure as a “target” to provide greater flexibility. Proposed Plan approved by Housing Commission Ultimately, the Housing Commission developed and voted to approve the Initial Plan provided in Attachment A and summarized in the following table, with 4 of the 7 Commissioners voting in favor. Housing Commission Recommendation - Initial Plan Annual Funding Limit $15 - $18 million, unless an “unusually advantageous opportunity presents itself”, such as development on City- owned land, a development which results in dee p construction cost savings (compared to typical construction methods), or a development representing a deep reduction in the amount of HTFs needed 5 of 9 Housing Commission Recommendation - Initial Plan Equal Spending on Target Populations Create affordable housing opportunities for seniors, persons living with disabilities, large families, and small families (including individuals) by providing equal amounts of funding for those four target populations Priority Goals Expand the current Preserving Our Diversity (POD) pilot household subsidy program into a $2 million per year program; Provide permanent housing for persons on the Santa Monica Homeless Registry who are not already in permanent affordable housing Increase Opportunities for Santa Monica Workers Direct staff to prepare a proposal for Council consideration, in consultation with the Housing Commission, which facilitates affordable housing opportunities for low-income Santa Monica workers equitably in comparison with residents. The approach is predicated on two factors: 1) expanding the POD program and housing Santa Monica homeless persons only benefits existing Santa Monica residents; and 2) Santa Monica workers are critical to the City’s economic success, which in turn generates transaction and use tax receipts that support affordable housing Apply the Downtown Community Plan Approach to Inclusionary Housing on a Citywide basis Although not directly related to investments from the HTF, the Commission recommended that staff conduct a feasibility study to determine whether the inclusionary housing requirements of the Affordable Housing Production Program can be revised in a manner similar to the policy established in the Downtown Community Plan, which requires that affordable housing within a particular development be targeted to range of income levels – from extremely low-income to moderate- income - rather than just one income level Although adoption of the Initial Plan would occur more than halfway through the current Housing Element cycle (2014-2021), the HTF Guidelines establish that future HTF Plan periods run concurrently with future Housing Element cycles. The Housing Commission 6 of 9 recommends that allocation of HTFs for the proposed initial period consider HTF commitments which have occurred since 2014, the beginning of the Housing Element cycle. The Initial Plan would establish a policy that equal funding, over the period of the plan, be allocated to four target populations: seniors; persons living with disabilities; large families; and small families/individuals. Furthermore, implementation of th e proposed ‘equal distribution of funds’ policy would consider two priorities - expansion of the POD program and housing for persons experiencing homelessness – consisting primarily of seniors and persons living with disabilities. The following table reflects the allocation of $26.3 million of HTFs by target population since 2014. Target Population HTF Amount % of Total Persons Living with Disabilities and Persons Experiencing Homelessness 6,823,735$ 26% Large Families -$ 0% Seniors 10,570,940$ 40% Small Families / Individuals 8,926,059$ 34% TOTAL: 26,320,734$ 100% Summary of HTF Allocation: 2014 - June 2018 The existing HTF balance is approximately $81 million, and staff estimates $59 million in HTF revenue through 2021, for total estimated funding resources of approximately $140 million. However, the Housing Commission recommended the use of only $15 - $18 million of HTF annually, which equates to an amount not to exceed $63 million over the three and one-half year period of the Initial Plan (through 2021), except in situations in which an “unusually advantageous opportunity presents itself”. Considerations of the Initial Plan Current HTF guidelines do not specify goals, priorities, or funding allocations for target populations, such as persons living with disabilities, persons experiencing homelessness, seniors, large families, small families, and individuals. The Initial Plan would continue the City’s historical practice of investing HTFs in affordable housing that serves those with the greatest need and the fewest options (i.e., households with 7 of 9 incomes less than 60 percent of the AMI) to reside in Santa Monica. Inherent in the Initial Plan is an assumption that inclusionary housing requirements associated with market-rate residential development will satisfy the Housing Element’s Quantified Objectives for new construction of low- and moderate-income housing, while HTFs focus on targeting resources primarily to extremely low- and very low-income households. Furthermore, the equal allocation approach in the Initial Plan recognizes that:  seniors are a growing share of our population;  homelessness is at crisis levels;  both senior and homeless populations include persons living with disabilities;  affordable family housing provides opportunities for growing families priced out of the housing market to live in Santa Monica and helps ensure low-income families are included in the community; and  preservation of existing housing is a core community value. The Initial Plan’s limitation on annual HTF spending of $15-$18 million could constrain opportunities to preserve and produce affordable housing at a juncture when a significant amount of funding is available - $81 million now and an estimated $59 million over the next three years. Although the Initial Plan allows for exceeding the annual funding spending limitation if an “unusually advantageous opportunity presents itself”, the absence of criteria as to what qualifies for a departure from the proposed annual HTF spending limit could result in missed opportunities. The existing HTF Guidelines approved by Council establish per-apartment loan limits but have not previously established an annual limit on overall HTF spending of available funding. If Council wishes to ensure that all available funding for affordable housing is invested in a timely manner as opportunities arise, then restricting the use of available funding would be inconsistent with that goal. 8 of 9 Expanding the POD pilot program from the current budget of $300,000 ($200,000 for cash assistance and $100,000 for administration), which serves 22 households, to the proposed annual (assistance) budget of $2 million would represent a ten -fold increase in the size of the program. Staff has concerns that this commitment may be premature despite the initially promising results of the test. The POD program is a 14-month pilot which began in November 2017 and an assessment of its effectiveness will not be completed until late 2018. The assessment will measure housing stability, impact on and increases in entitlement benefits, access to local services, and wellbeing. Additionally, because the effect of the POD program on participants’ federal, state, and county entitlement benefits is not yet fully settled with the relevant governmental agencies, program expansion without such resolution could create challenges for future participants. Pursuant to the Housing Commission’s recommendation, prior to implementing any expansion of the current pilot program, staff would prepare more detailed administrative guidelines, estimate the administra tive resources (eligibility qualification, program administration, social service agency support, etc.) required to achieve any expansion, and return to the Housing Commission and Council for direction. An alternative to the recommendation would be to consider “expanding the pilot as results warrant to as much as $2 million per year.” Financial Impacts and Budget Actions As Housing Trust Funds are set aside in fund balance for affordable housing, t here is no immediate financial impact or budget action necessary as a result of the recommended action. Staff would return to Council if specific budget actions are required in the future. Prepared By: Jim Kemper, Housing Program Manager Approved Forwarded to Council 9 of 9 Attachments: A. Housing Commission Proposed Initial HTF Plan B. Council Staff Report - HTF Guidelines 7.25.2017 (Web Link) C. Draft Housing Trust Fund Plan (February 2018) D. Draft HTF Plan Review Process and Public Comment E. City Council Staff Report - POD Program 7.25.2017 (Staff Report) F. Written Comments Attachment A Housing Commission Recommendation to City Council – Proposed HTF Plan 1 The Santa Monica Housing Commission recommends that the City Council include the following elements in the initial Housing Trust Fund (“HTF”) plan for the 2013-2021 Housing Element cycle (“the Plan”): 1. Unless an unusually advantageous opportunity presents itself during a particular fiscal year, the City should enter into HTF spending commitments totaling no more than $15 million to $18 million during each fiscal year. This will help to assure that funds are available when unusually advantageous opportunities arise. Examples of unusually advantageous opportunities include, but are not limited to, (1) constructing affordable housing on City owned land, (2) constructing affordable housing in a manner that provides unusual and deep cost-savings, and (3) constructing affordable housing financed in a manner that provides an unusual and deep reduction in the HTF contribution required to complete the project. 2. A priority goal of the Plan is to ramp up the Preserving Our Diversity (“POD”) local rent subsidy program to a range that requires a commitment of no more than $2 million per fiscal year in HTF funds. No actual expansion of the POD program will occur unless and until a detailed plan for doing so is proposed by City staff, vetted by the Housing Commission, and approved by the City Council. Any portion of the potential $2 million in annual HTF funding that is not actually used for the POD program in any particular fiscal year shall remain available for commitment in future fiscal years to other Plan priorities. 3. A priority goal of the Plan is to provide permanent housing in Santa Monica for those among the population of homeless persons that the City Council determines the City should take responsibility to permanently house in the City. This should include “Santa Monicans” who are homeless. Subject to further refinement, this group is deemed to include those persons on the Santa Monica Homeless Registry as of the date the Plan is adopted who are not already in permanent housing. The City should look to leverage as much as possible federal funds, State funds, County funds, other City funds, or private funds, to accomplish this goal. Attachment A Housing Commission Recommendation to City Council – Proposed HTF Plan 2 4. The remainder of the HTF funds spent each fiscal year should be used to create new affordable housing units for seniors, for physically and mentally challenged persons, for large families, and for small families (including individuals). Unless one or more unusually advantageous opportunities dictate a different result, a goal of the Plan is to provide roughly equal HTF funding support for affordable housing targeted to each of these four populations over the life of the Plan. The equal funding support determination shall take into account HTF funding committed during the entire lifetime of the 2013-2021 Housing Element, even if it occurred prior to the adoption of the Plan. The equal funding support determination also shall take into account HTF funding committed to the POD program (which is for senior housing) and to permanently housing Santa Monicans who are homeless (who may be members of any of the four populations). 5. The City’s existing affordable housing programs generally provide the highest preference to persons displaced without fault from their existing homes in Santa Monica, and provide the next highest preference to persons who either already live in Santa Monica or who work full-time in Santa Monica. The two goals of the Plan identified in paragraphs #2 and #3 above, however, only serve persons who already live in Santa Monica. The City recognizes that the daily efforts of low income workers are particularly critical to the businesses (including hotels, restaurants, and retail stores) that generate the sales and use taxes supporting the HTF through Measures GS and GSH, as well as the sales and use taxes and transit occupancy taxes that fund a substantial portion of the City’s budget. City staff therefore is directed to develop, in consultation with the Housing Commission, a proposal to increase —to the extent it is necessary and feasible to do so in order to maintain an overall equal preference for affordable housing opportunities in the City—the preference in other HTF funded projects for low-income Santa Monica workers. 6. City staff is directed to develop as soon as possible, in consultation with the Planning and Housing Commissions, a proposal to adjust the AHPP program that applies outside of the Downtown Community Plan. The proposal shall be based on a Attachment A Housing Commission Recommendation to City Council – Proposed HTF Plan 3 feasibility study, and shall take into account past and projected future production of housing through inclusionary zoning and HTF funded projects, as well as the quantified objectives in the Housing Element and the requirements of Proposition R. Draft Housing Trust Funds Initial Plan February 13, 2018 1 INTRODUCTION City Council adoption of revisions to the Housing Trust Fund Guidelines in July 2017 included a provision that staff prepare an “initial proposed plan” (Plan) regarding the use of Housing Trust Funds (HTF), to cover the remaining period of the Housing Element (through 2021). The proposed Plan should be made available for a 45 -day public comment period, during which a public meeting is also held. Subsequently, the Housing Commission will review the proposed Plan and public comments received , and make a recommendation to the City Council, for final consideration and approval. The following discussion considers opportunities to target City-funded housing based on income levels, as well as population to be served by proposed housing. BACKGROUND In the last 25 years, the City has provided more than $350 million in housing trust funds to preserve and produce approximately 2,700 affordable apartments. City housing trust funds were established in the 1980’s, dedicating funds from various sources for the purpose of preserving and producing affordable housing. Administrative guidelines for the use of the funds were concurrently established, and approved by Council, to streamline the process for funding affordable housing. The affordable housing created with the trust funds has allowed residents with low-and moderate incomes to remain in Santa Monica, and provided opportunities for Santa Monica workers to live close to their jobs. In August 2015, Council established maintaining an inclusive and diverse community as one of five strategic goals. The strategic goal includes a focus on supporting economic diversity by helping low- and moderate-income households to afford to live and thrive in Santa Monica. The City’s Housing Trust Funds provide a mechanism to preserve and produce affordable housing opportunities, by subsidizing the acquisition/rehabilitation of existing housing, and newly constructed affordable housing. Affordable housing acts as a safety net for low- and moderate-income residents priced-out of, or displaced from, their current housing. Census data indicates that Santa Monica has 17,135 low- and moderate-income renter households, and that 7,700 of those households pay more than Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 2 one-half of their income toward rent. The 2017 Santa Monica homeless count found 921 individuals living on the street, in vehicles, and shelters. Affordable Housing Stock Existing affordable housing in Santa Monica comprises approximately 4,500 apartments created through a combination of City housing trust funds, inclusionary zoning, and direct federal assistance. Tables 1 – 3 present information regarding income targeting, housing types, and target populations. The variety of housing types serve individuals, families, seniors, persons living with disabilities, and persons experiencing homelessness. Affordable rents range from $340 (studio) to $2,444 (3-bdrm), and eligible household incomes range from extremely low-income ($18,950 for a 1-person household) to moderate-income ($81,100 for a 3-person household). The following tables depict the housing types, populations served, and income levels (# of Homes includes completed, in-construction, and approved). Table 1 Table 2 Income Level # of Homes Percent Extremely Low 188 4% Very Low 2,064 45% Low-60 885 19% Low-80 648 14% Moderate-100 675 15% Moderate-120 118 3% 4,578 100% Affordable Housing Stock - Income Level Served Type # of Homes % of Total 0-Bedroom 1,203 26% 1-Bedroom 1,716 37% 2-Bedroom 1,069 23% 3-Bedroom 466 10% 4-Bedroom 19 0.4% Mobilehome 105 2.3% 4,578 100% Affordable Housing Stock - Type Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 3 Table 3 Note: “Extremely Low-Income” = 30% or less of Area Median Income (AMI); “Very Low- Income” = 50% of AMI or less; “Low-60” = 60% of AMI or less; “Low-80” = 80% of AMI or less; “Mod-100” = 100% of AMI or less; and “Mod-120” = 120% of AMI or less. DISCUSSION New Affordable Housing Revenue Voter approval of Propositions GS and GSH in November 2016 established an ongoing revenue source for the preservation and production of affordable housing, initially estimated at eight million dollars annually. Additionally, Council allocated other funds toward affordable housing, including the repayment of City loans to the former redevelopment agency. Other revenue sources dedicated to affordable housing include developer fees and affordable housing loan repayments. However, these other sources do not represent a significant source of revenue and can fluctuate widely from year to year. Update on Quantified Objectives and Proposition R State law (Government Code Section 65580 to 65589) requires that the City adopt a Housing Element (part of the General Plan) which includes housing production goals, known as quantified objectives, for a wide spectrum of income levels based on growth projections and need. The income levels are grouped into five categories: 1) Extremely Low-Income, 2) Very Low-Income, 3) Low-Income, 4) Moderate-Income, and 5) Above Moderate-Income. The following table indicates the 2017 income levels for various household sizes (Above Moderate-Income means incomes greater than listed for the Type # of Homes % of Total Seniors 1,077 24% Singles 1,650 36% Special Needs 263 6% Small Family 1,005 22% Large Family 478 10.4% Mobilehome 105 2.3% 4,578 100% Affordable Housing Stock - Population Served Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 4 Moderate-Income category). The figures listed in the income categories are derived as a percentage of the area median income (AMI) and adjusted for household size, as published by the State of California. The 2017 AMI for Los Angeles County is $64,800. The current Housing Elements covers the period of 2013 – 2021. The following table lists Santa Monica’s Quantified Objectives and the current status of housing production. Table 4 The quantified objectives tracking table (Table 4) indicates the housing production goals for the Low-Income and Moderate-Income categories have not yet been met, with a current deficit of 122 and 24 units, respectively. Household Size Extremely Low (30%) Very Low (50%) Low (80%) Moderate (120%) 1 $18,950 $31,550 $50,500 $54,450 2 $21,650 $36,050 $57,700 $62,200 3 $24,350 $40,550 $64,900 $70,000 4 $27,050 $45,050 $72,100 $77,750 INCOME LIMITS (ANNUAL) Income Category Quantified Objective Units Built Units in Construc- tion Units with Planning Approval Total Quantified Objective Surplus/Deficit ( ) Extremely Low-Income (30% AMI)83 80 10 60 150 67 Very Low-Income (50% AMI)214 130 97 65 292 78 Low-Income (80% AMI)263 104 24 13 141 (122) Moderate-Income (120% AMI)111 19 8 60 87 (24) Above Moderate (Market Rate)700 555 548 1020 2,123 1,423 Totals:1,371 888 687 1,218 2,793 1,422 Affordable Housing Subset 671 333 139 198 670 (146) * counts only negative #'s from above QUANTIFIED OBJECTIVES TRACKING Housing Element 2013-2021 * Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 5 Proposition R, adopted by Santa Monica votes in 1990, requires that thirty percent (30%) of all multifamily housing built annually be affordable to low- and moderate-income households, and that at least one-half of the affordable housing be affordable to low- income households. The following table represents years included in the current Housing Element cycle and lists the annual affordable housing surplus/deficit. FY13/14 indicates a surplus of 118 low- and moderate income homes, while the subsequent three years list annual deficits of 17, 16, and 18, respectively. Alternatively, the data can be viewed as indicating no deficit of low- and moderate-income homes, due to the cumulative surplus (of 67 homes) produced during the four- year period. Table 5 Reviewing the affordable housing production data in Tables 4 & 5 together, the quantified objectives deficit of 146 low- and moderate-income homes (Table 4) exceeds the surplus of 67 low- and moderate-income homes in the Proposition R tracking table (Table 5). It should be noted that affordable housing created using City housing trust funds has historically helped satisfy the Proposition R goals. Additionally, the housing production represented in the annual Proposition R report reflects a snapshot of particular development cycles, and is problematic for viewing as strategic guidance. Therefore, when considering housing trust fund priorities, the unmet quantified objectives (i.e., deficits) indicated in Table 4 can be considered a key data source for strategic guidance. Year % Affordable Low/Mod-Income Housing Surplus/Deficit ( ) FY 2013/2014 56%118 FY 2014/2015 19%(17) FY 2015/2016 21%(16) FY 2016/2017 13%(18) 67Total: Proposition R Tracking Multifamily Housing Production Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 6 Recent HTF Funding Approvals Since the most recent update to the Housing Trust Fund Guidelines in July 2017, the City has issued three funding commitments for affordable housing. Two of the funding commitments involve future new construction of 47 apartments and the other involves the rehabilitation of 26 existing apartments. One of the future new construction developments is targeted to seniors and the other is targeted to young adults who are at -risk of becoming homeless. The affordable housing property pending rehabilitation is comprised almost entirely of studio and one-bedroom apartments. Proposed Housing Trust Fund Priorities Assuming HTF average annual revenue of approximately $15 million for the years 2018- 2021 (i.e., $60 million), plus the existing HTF balance of approximately $45 million, and an average HTF subsidy of $350,000 approximately 300 affordable homes could be created through new construction. However, creating affordable housing through acquiring, rehabilitating, and dedicating existing apartments typically requires a significantly higher City HTF subsidy - recently more than $500,000 per home. Opportunities for obtaining non-City funds to preserve existing housing is minimal, resulting in the necessity for 100% HTF financing for acquisition/rehabilitation properties. Newly constructed affordable housing developments obtain tax credit financing, which typically covers 40%-60% of the total development cost. Under the two HTF subsidy scenarios mentioned above, $110 million in HTF monies can produce approximately 315 newly constructed affordable homes, but only approximately 220 affordable homes created through acquisition and rehabilitation. For the sake of developing funding plan goals, a maximum projected production of 300 affordable homes is used. Although the Quantified Objectives and Proposition R requirements set goals for the affordability levels of housing, current HTF policies do not specify goals for target populations, such as persons living with disabilities, persons experiencing homelessness, seniors, large families, etc. Approaches to prioritizing the use of Housing Trust Funds (HTF) during the term of this Plan could include goal-setting for affordability levels, target populations, or both. Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 7 With respect to affordability levels, because the City has not yet reached its Quantified Objectives for the current Housing Element period, the Initial Plan could include minimum goals for the unsatisfied objectives for low-income and moderate-income housing. However, because the City traditionally has not used its Housing Trust Funds to support moderate-income housing, and has generally targeted housing for extremely low-income and very low-income households, the focus on moderate- and low-income households would represent a shift in strategy. Given the tension between satisfying the Quantified Objectives and serving those with the greatest need, three options are presented for consideration. Option 1 (below) presents an approach to addressing the Quantified Objectives’ deficit in low- and moderate-income housing. While the approach would help ensure that the City meets its Quantified Objectives, it could create some unintended consequences. First, it could limit the City’s ability to invest in housing for people with disabilities and people experiencing homelessness, which typically targets extremely low-income households. Secondly, it could reduce opportunities to leverage the City’s investments with other funding, as tax credits, particularly the more competitive, high-yield tax credits, which are allocated toward housing with deeper affordability targets. OPTION 1 Quantified Objectives # of Residences Current Deficit Funding Commitments1 Minimum Goal New Construction Low Income (51%-80% of AMI) 122 19 103 New Construction Moderate Income (81%-120% of AMI) 24 0 24 Acquisition/Rehabilitation Very Low-Income (0% - 50% of AMI) 40 5 35 Acquisition/Rehabilitation Low-Income (51% - 80% of AMI) 40 21 19 1. Number of homes for which funding commitments made since updates to HTF Guidelines adopted on July 25, 2017. Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 8 Option 2 [below] presents an approach to addressing the Quantified Objectives’ deficit (in the Low- and Moderate-Income categories), while working to ensure that housing is created for special needs populations (people with disabilities and people experiencing homelessness) who would not benefit from housing affordable to households at 80 percent or 120 percent of area median income. OPTION 2 Quantified Objectives / Target Population # of Residences Current Deficit Funding Commitments1 Minimum Goal New Construction Low Income (51%-80% of AMI) 122 19 103 New Construction Moderate Income (81%-120% of AMI) 24 0 24 Acquisition/Rehabilitation Very Low-Income (0% - 50% of AMI) 40 5 35 Acquisition/Rehabilitation Low-Income (51% - 80% of AMI) 40 21 19 People Living with Disabilities and/or Experiencing Homelessness N/A 8 50 1.Number of homes for which funding commitments made since updates to HTF Guidelines adopted on July 25, 2017. Option 3 (see next page) maintains the City’s historical practice of investing Housing Trust Funds in affordable housing that serves those with the greatest need and the fewest options, i.e. those households that typically make less than 60% of the area median income or less. Support for Option 3 comes with an assumption that inclusionary housing requirements associated with market-rate residential development will satisfy the Quantified Objectives for (new construction of) low- and moderate-income housing. Additionally, Housing Element regulations focus on creating housing for all income levels but do not establish priorities among target populations. Therefore, Table 3 reflects equal allocations among target populations of the Santa Monica community. Furthermore, the equal allocation recognizes that: 1) seniors are a growing share of our population; 2) Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 9 homelessness is at crisis levels in the region and Santa Monica is limited in its ability to provide supportive housing for persons living with disabilities, including mental health disabilities; 3) affordable family housing provides opportunities for growing families who are priced out of the housing market to live in Santa Monica and helps ensure low-income families are included in the community; and 4) preservation of existing housing is a core community value. Option 3 imposes maximums on each housing typology in an attempt to ensure that the needs of all target populations are addressed and to avoid spending all or the majority of funds on housing that serves one target population. OPTION 3 Target Population # of Residences Maximum Funding Commitments1 Remaining Maximum People Living with Disabilities and/or Experiencing Homelessness 100 8 92 Seniors 100 39 61 Large Families 100 0 100 Small Families / Individuals2 100 26 74 1.Number of homes for which funding commitments made since updates to HTF Guidelines adopted on July 25, 2017. 2. Acquisition, rehabilitation, and deed restriction of existing housing would generally fall into the “Small Families / Individuals” category. SUMMARY The three options presented in this draft plan represent various strategies for achieving affordable housing goals using housing trust funds. Option 1 focuses solely on income targeting goals but does not specify target populations. Option 2 comprises a mix of income targeting and special needs housing, and assumes some of the low-income housing will be produced through inclusionary housing requirements. Option 3 aims to serve a broad spectrum of target populations (which are extremely low-, very low-, and low-income households). Attachment C Draft Housing Trust Funds Initial Plan February 13, 2018 10 It is critical to note that the proposed Plan does not address the use of housing trust funds for rental subsidies or similar household subsidy programs such as the Preserving Our Diversity (POD) pilot program. Rental/household subsidies are not currently an eligible use under the HTF Guidelines, and the proposed Plan is intended to complement the existing Guidelines. In the event the Housing Commission recommends using a portion of Housing Trust Funds for rental/household subsidies, Council consideration and approval of revisions to the HTF Guidelines would be necessary and the Plan would be revised accordingly. Attachment C Attachment D Draft Plan Review Process and Public Comment Received Draft Plan Review Process The Draft Plan was release on February 13, 2018 and posted on the City’s website. A 45-day public comment period was open through March 30, 2018. During the public comment period, on March 15, 2018, the Housing Commission sponsored a Public Input Forum to provide an opportunity for public input on the Draft Plan. The Draft Plan was considered by the Housing Commission at meetings of the Commission on April 19, 2018 and May 3, 2018, allowing for additional opportunities for public input on the Draft Plan. The written public comment received regarding the Draft Plan is summarized in the following table. Copies of the written comment received are included following the summary table. Commenter Summary of Written Public Input General Public If Housing Trust Funds will be allocated to Community Corporation of Santa Monica (CCSM), then CCSM should revise its tenant selection process to prioritize Santa Monica residents Resident More transparency is needed regarding the balance of Housing Trust Funds, with regular updating and explanations of increases/decreases; also, questions about where the funds are held and how they are invested Community Corporation of Santa Monica Moderate-Income housing should be created by inclusionary housing program, not HTF; HTF Plan should have goals based on greatest need rather than minimum and maximum housing production numbers, and allow flexibility when affordable housing opportunities arise; land use policy could be revised to facilitate more affordable housing; City-owned land could be considered for affordable housing; strategies aimed at achieving cost efficiency should be explored, such as greater density, reduced parking requirements, new construction technologies, and design approval streamlining; use of HTFs for Preserving Our Diversity (POD) subsidy program should be capped and limited, as POD does not increase supply of affordable housing. Attachment D Draft Plan Review Process and Public Comment Received Commenter Summary of Written Public Input Resident Funds from Measure GS should be used for senior housing, consistent with campaign literature; HTFs should be used to create new affordable housing north of Wilshire, versus in the Pico Neighborhood; more workforce housing for moderate - income households is needed. Commission for the Senior Community Endorses Option 3 from the initial Proposed HTF Plan, which targets lower income senior households, as well as persons living with disabilities and persons experiencing homelessness – both groups which also include seniors; inclusionary housing can create affordable housing for low- and moderate-income households; supports use of HTFs for expansion of POD program, if POD pilot program is deemed successful. Disabilities Commission Majority of Commissioners support Option 3 from the initial Proposed HTF Plan due to the focus on lower income households with greatest need and fewest options for affordable housing; two Commissioners support Option 2 due to the focus on persons living with disabilities; none of the Commissioners support Option 1, as that approach would focus on household income levels but not specific target populations. From: Zoë Muntaner Sent: Tuesday, February 27, 2018 11:52 AM To: Steven Aguilar <Steven.Aguilar@SMGOV.NET> Cc: Rick Cole <Rick.Cole@SMGOV.NET> Subject: Housing Trust Fund Plan Comment for Housing Commission Mr. Aguilar, Initially, we would like to express concern at the CCSM Affordable Housing guidelines. According to City Manager Rick Cole, they do not prioritize Santa Monica residents who have been displaced or at risk of displacement. It is my understanding that the city does not agree with this guideline and oppose the current practice. If the Housing Trust Fund plan will go towards the funding of CCSM affordable housing, we'd like to propose the Housing Commission discuss how to update CCSM guidelines to benefit and prioritize Santa Monica residents that have been affected by the affordable housing crisis. We will supply further comments about the Plan later in March. Kindly reply. In GRACE, Zoë Muntaner Founder & Chief Compassion Officer Building COMPASSIONATE Cities Since 2013 PUBLIC COMMENTS RECEIVED ON PROPOSED HOUSING TRUST FUND PLANAttachment D From: Steven Weinraub Sent: Wednesday, March 14, 2018 8:15 PM To: Steven Aguilar <Steven.Aguilar@SMGOV.NET> Subject: Housing Trust Fund Plan How Much Money is in the Housing Trust Fund? On February 4th, 2017, at a joint meeting of the Housing Commission and the Social Services Commission at the SM Convention Center, it was mentioned during a presentation by Barbara Collins that the Housing Trust Fund had about $22 million as its present balance. Later that year, at the City Council meeting on July 25th, 2017, in which the Housing Authority staff presented the Revisions to the Housing Trust Fund Guidelines, the City Council asked the staff how much money is in the Housing Trust Fund, and both Andy Agle & Jim Kemper looked at their notes and replied about $42 million. At a recent Housing Commission meeting held on February 15th, 2018, co-chair Richard Hilton read a report or statement from the Housing Authority which said that the balance in the Housing Trust Fund is over $72 million. And now, this most recent Proposed Housing Trust Funds Initial Plan, on page 6, states the existing Housing Trust Fund Balance is approximately $45 million. There needs to be more transparency in reporting the exact balance in the Housing Trust Fund. The Housing Authority website, in its movement toward transparency, now shows loan applications and other information, and this website should also show the balance of the amount in the Housing Trust Fund. This amount should be updated every month, and there should be a brief accounting along with this balance showing the funding source as to why the balance in the HTF went up and the expenditure reasons as to why the balance went down from the previous month. I am aware that the Housing Trust Fund receives its revenue from Mandates GS & GSH and from matching funds from the City Council and possibly receives funds from Proposition H from the County. But I was also told that the Housing Trust Fund was receiving revenue from selling City owned units on Ocean Avenue and from the repayment of outstanding loans. Attachment D In addition to transparency of the balance amount, there is a question as to where exactly is the balance of the money in the HTF being held, or being invested, and who oversees or controls these funds in the millions & millions of dollars? Is there someone on the staff at the Housing Authority who controls the funds in the Housing Trust Fund or is it someone else affiliated with the City? And is the money in this fund invested in such a way that it earns interest? Or is it invested in a brokerage account in which it earns interest & dividends & capital gains? These are all issues which require some form of transparency. And, finally, on another topic, why is the head person of the Santa Monica Housing & Economic Development Agency, Andy Agle, never present at these Housing Commission meetings? The head person of the Santa Monica Planning Division is David Martin and he routinely attends and speaks at monthly Planning Commission meetings. So, why is it that the head person, Andy Agle, never shows up at the monthly Housing Commission meetings? I have seen Mr. Agle at City Council meetings when there are issues related to the Housing Trust fund and he showed up at private meetings with the City Manager regarding Step Up on 26th Street. So, my question is, why is it that Barbara Collins & James Kemper, who are staff members of the Housing Authority, show up at these monthly Housing Commission meetings to advise the Housing Commission and not the lead person Andy Agle? Steven Weinraub Attachment D A t t a c h m e n t D A t t a c h m e n t D From: Mathew Millen Sent: Thursday, March 29, 2018 11:15 AM To: Steven Aguilar <Steven.Aguilar@SMGOV.NET> Subject: Housing Trust Fund Comments Attached is campaign material from the GS (great schools) and GSH (Great Senior Housing) Promising if the voters raised the sales tax 1/2 would be for Great Schools and 1/2 would be for Great Senior Housing. 1)SO ...the City has to use the GS sales tax money allocated to the Housing Trust Fund for Great Senior Housing..If the CIty is not going to do that the City needs to inform the voters of this deceit. 2) the City has a history of using housing money to perpetuate the segregation of the minorities in the Pico Neighborhood To implement Pres Obama's Affirmatively Furthering Fair Housing the next 500 units of city developed housing have to be in the North of Wilshire neighborhood 3) We need work force housing..so non elderly senior units should be in the Moderate 100% to 120% of median income range. Thanks for your consideration Mathew Millen Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D A t t a c h m e n t D A t t a c h m e n t D Disabilities Commission 1685 Main Street, Room 212 PO Box 2200 Santa Monica, CA 90407-2200 Tel: 310-458-8701 | TDD: 310-458-8696 | Fax: 310-458-3380 humanservices@smgov.net April 16, 2018 Santa Monica Housing Commission RE: Disabilities Commission Response to Proposed Housing Trust Fund Plan Dear Housing Commission: The Disabilities Commission would like to recommend the following for your consideration based on our review of the referenced plan describing opportunities to target City-funded housing based on income levels, as well as the population to be served by proposed housing. At the April 2nd Disabilities Commission meeting,  A majority of the Commission expressed support for Option 3 to continue the City’s historical practice of investing Housing Trust Funds in affordable housing that serves those with the greatest need and the fewest options, i.e. those households that typically make less than 60% of the area median income or less.  Two Commissioners voted in support of Option 2, because of the focus on people with disabilities.  The Commission does not support Option 1, which only focuses on tenant income and does not specify target populations to benefit from the housing development. In addition to supporting the City’s affordable housing objectives for people with disabilities, the Commission also encourages continued focus on implementing universal design concepts in future City construction and rehabilitation projects to create more accessible options and to support inclusion of a wide range of individual preferences and abilities. The Commission would like to thank you for considering the interests of the people with disabilities during the planning and execution of City housing objectives impacting access, affordability and diversity. Sincerely, Nanci Linke-Ellis, Chair, Santa Monica Disabilities Commission /s/ Nancie Linke-Ellis Marielle Kriesel, Vice Chair, Santa Monica Disabilities Commission /s/ Marielle Kriesel Attachment D City Council Report City Council Meeting: July 25, 2017 Agenda Item: 8.B 1 of 14 To: Mayor and City Council From: Andy Agle, Director, Housing and Economic Development, Housing Division Subject: Preserving Our Diversity (POD) Subsidy Pilot Program Recommended Action Staff recommends that Council: 1. Approve the Program Model and Guidelines for the proposed Preserving Our Diversity pilot program (Attachment A). 2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report. Executive Summary The Preserving Our Diversity program is a pilot that aims to support the Council’s strategic goal of maintaining an inclusive and diverse community by providing financial assistance to low-income, long-term residents, aged 62 and older, who live in rent- controlled apartments and whose inability to pay rent may result in displacement from Santa Monica. Based on the proposed eligibility criteria recommended by the Housing Commission, the one-year pilot program would serve 26 senior households, with the goal of ensuring that the households have sufficient resources to meet their basic needs. This report recommends that the Council approve program guidelines and authorize budget changes. Background In December 2015, the Housing Commission presented a report to Council recommending affordable housing strategies to preserve Santa Monica’s economic diversity and bolster housing security for residents (Attachment B). One of the proposed strategies aimed to assist lower-income Santa Monica residents to remain in their rent- controlled homes by providing rental assistance. 2 of 14 On May 10, 2016, Council directed staff to explore expanding affordable housing policies to include a local rent-subsidy program to assist low-income residents who currently live in rent-controlled apartments and who are severely rent-burdened (Attachment C). On June 14, 2016, Council allocated $300,000 of the FY2016-17 budget toward the pilot program, with $100,000 allocated to administration and $200,000 to rent assistance (Attachment D). The goals of the Preserving Our Diversity (POD) program are to: 1) Help low-income senior residents avoid residential displacement by reducing household rent burden; 2) Assist some of the City’s lowest-income and longest-term residents to live with greater dignity by helping them meet their basic needs, such as rent, food, medical care, and transportation, and by facilitating access to mainstream goods and services; 3) Provide an opportunity for the City to gauge the effectiveness of POD as a housing preservation and anti-displacement strategy and model; and 4) Identify key issues to address in conjunction with considering any program expansion. From June 24, 2016, to July 18, 2016, staff distributed a Renter Needs Survey to approximately 27,500 Santa Monica households living in rent-controlled apartments to assess the magnitude of need among low-income residents. The Renter Needs Survey also functioned as a pre-application for the POD pilot program. A total 814 surveys were returned by the deadline. Analysis of the surveys was narrowed to 433 households living in rent-controlled apartments not subject to government affordability covenants. Refer to Attachment E for charts illustrating the demographics of survey households. The survey confirmed that a subset of Santa Monica’s long-term residents in rent- controlled housing are extremely low-income (earning less than 30 percent of the area median income), rent-burdened (paying over 30 percent of income toward rent), seniors (average age 68), mostly living alone (average household size of 1.2 people), and with very little after-rent income to pay for basic needs (average $200 per month). 3 of 14 At the Housing Commission’s June 16, 2016, meeting, staff presented draft guidelines for the proposed POD Program (Attachment F) and obtained feedback. On November 22, 2016, staff recommended a POD pilot model to Council (Attachment G) based on analysis of the 433 survey households. Council discussed the proposal and directed staff to consider the following, in consultation with the Housing Commission: x Using residual income available after rent as the subsidy metric; x Obtaining expert opinion regarding basic living costs; x Prioritizing long-term residents of rent-controlled housing x Maximizing the reach of the pilot program; x Directing additional services and resources to pilot participants, including connecting participants to existing programs and services that are available to low-income households, as well as connecting working-age participants with job resources and education; and, x Considering a local nonprofit to administer the program. Discussion Pursuant to Council’s direction, staff conducted in-depth interviews with survey participants, researched residual-income (after-rent) program models, and analyzed the potential budget and participation figures. The Housing Commission held detailed discussions regarding the POD program on April 20, 2017 (Attachment H) and May 18, 2017 (Attachment I), and approved recommendations regarding the pilot- program design (Attachment J). Expert Opinion Regarding Basic Living Costs To conduct the analysis requested by Council, staff needed a standard for basic needs budgets. The Housing Commission Chair facilitated a meeting with the UCLA Center for Health Policy Research team that created the Elder Economic Security Standard Index 4 of 14 for California (Attachment K) and its Basic Needs Budget. For specifics, see the Elder Index Methodology Report (Attachment L). Staff found the Elder Index Basic Needs Budget to be best suited to consider residual income for the POD pilot program because it is tailored for seniors (the majority of anticipated pilot participants), it includes data sets regarding seniors in Los Angeles County, and it delineates rent and non-rent expenditures. Using the most recent data for Los Angeles County (2013), the UCLA Elder Index calculates household Basic Needs Budgets as follows: HOUSING EXPENSES 1 person HH 2 person HH Total Housing Expenses (2013 Los Angeles County Fair Market Rent + Utilities Assumptions) $1,171 $1,171 BASIC NON-RENT EXPENSES 1 person HH 2 person HH Food $264 $490 Healthcare $166 $332 Transportation $233 $326 Misc. (clothing, household expenses, etc.) $216 $313 Total Monthly Non-Rent Expenses $879 $1,461 Total Monthly Basic Needs Budget $2,050 $2,632 Total Annual Basic Needs Budget $24,600 $31,584 Comparatively, and as shown on the following chart for one- and two-person households, the Basic Needs Budget income levels are above Federal Poverty Guidelines, above 30 percent of area median income (extremely low-income), and below 50 percent of area median income (very low income) for Los Angeles County in 2017. 5 of 14 To align the POD program with Santa Monica policies, the Housing Commission recommended adjustment of two of the Elder Index Basic Needs Budget assumptions. Utilities were adjusted to amounts that match the Santa Monica Housing Authority’s average utility allowances for currently served tenants. To ensure that POD does not subsidize private automobile usage, transportation was adjusted down from $233 (based on national averages of annual miles driven multiplied by the Internal Revenue Service standard mileage reimbursement rate) to $52 (the rounded cost of a 30-day senior EZ Transit Pass for the Big Blue Bus and Metro). The Housing Commission voted to recommend that the POD program use the Basic Needs Subsidy Method with the above-stated proposed budget adjustments. The formula for household subsidy would be as follows: 6 of 14 Total Annual Income less Rent = Annual Non-Rent Income Difference Between Annual Non-Rent Income and Basic Needs Budget Non- Rent Expenses = Annual Subsidy Annual Subsidy divided by 12 = Monthly Subsidy The Basic Needs Budget (BNB) for the POD pilot is proposed to include the following expenses and amounts per household size. POD Pilot Basic Needs Budget Non-Rent Expenses EXPENSE 1 person HH 2 person HH Food $264 $490 Healthcare $166 $332 Transportation $52 $103 Utilities $42 $55 Misc. (clothing, hhld. expenses, etc.) $216 $313 Total Monthly Basic Non-Rent Expenses $ 740 $1,293 Total Annual Non-Rent Expenses $8,880 $15,516 To ensure program consistency and ease of implementation during the pilot phase, no other adjustments are proposed to be made to the BNB or subsidy allocations during the pilot year, although staff would document any opportunities or challenges during the pilot phase that could inform potential program expansion. Program Eligibility Criteria From the larger group who completed the Renter Needs Survey, staff requested interviews with 103 surveyed households whose self-reported income qualified them as ‘extremely low-income’ (earning less than $18,250 annually for a one-person household). From January through March 2017, a total of 46 households participated in the interviews (‘interview cohort’). Staff analyzed program designs and costs based on 7 of 14 averages of the interview cohort’s self -reported income, assets, resources, and expenses. Staff applied the proposed Basic Needs Budget (with local adjustments) to the interview cohort of 46 households, added the anticipated two percent rent increase as of September 1, 2017, and then filtered for the Housing Commission’s recommended Threshold Eligibility Criteria as outlined in the Guidelines and as follows: Threshold Eligibility Criteria for the POD pilot (household must meet all criteria below): 1. Household submitted a complete Renter Needs Survey by July 18, 2016; 2. Household participated in follow-up interviews; 3. Head of household is a senior aged 62 or older; 4. Household has occupied current Santa Monica rent-controlled apartment since before January 1, 2000; 5. Household’s apartment must not be deed-restricted affordable housing of any kind, including: x Properties purchased, rehabilitated, or constructed with City funding; x Apartments subject to the Affordable Housing Production Program; x Federally assisted properties; and x Los Angeles County-assisted or owned affordable housing properties. 6. Renter Needs Survey initially indicated that the household income was equal to or less than 30 percent of area median income (Extremely low income) and household final income verification confirms it is no more than 50 percent area median income (Low Income); 8 of 14 7. Household is not currently participating in, or previously terminated from, any Santa Monica Housing Authority rent-subsidy programs; 8. No household members convicted of violent crime which occurred within the last 5 years, or who are registered sex offenders; and 9. Household income documentation indicates that the household is in need of the subsidy (i.e. earning less than the approved Basic Needs Budget), pursuant to the income and asset determinations and verifications outlined in Section III of the Guidelines, including but not limited to: x Earned and unearned income for all household members from all sources, such as employment, cash-equivalent government benefits, and family support; and x Imputed income for assets calculated at a rate of 10 percent annually (the formula for the City’s Affordable Housing Production Program). From among the 46 interviewed households, 26 households met all of the above criteria. If the Council approves the program model and guidelines, and once all threshold criteria are verified by staff, the 26 households would comprise the ‘pilot cohort.’ The following figure demonstrate s the selection process: Figure 1: Participant Selection for Pilot Cohort 9 of 14 Of the 26 potential ‘pilot cohort’ households, there are 22 one -person households and 4 two-person households. The average head of household age is 72 years. Average annual income is $13,763 for a one-person household and $19,281 for a two- person household. All 26 households experience ‘rent burden’ at more than 30 percent of income paid toward rent, with 22 households ‘severely rent burdened’ at more than 50 percent of income paid toward rent. 10 of 14 Pilot Budget Applying the adjusted Basic Needs Budget to the pilot cohort, the total annual 12-month POD subsidy budget for the qualified households at their current rent would equal $149,844 as shown below: HH Size Average after-rent income Basic Needs Budget Non- Rent Monthly Average POD Subsidy Monthly Program Subsidy Costs Annual Program Subsidy Costs Qualified HH POD rent subsidy meets Basic Needs Budget POD rent subsidy does not fully meet Basic Needs Budget 1 $273 $740 $467 $10,280 $123,360 22 21 1 2 $742 $1,293 $551 $2,207 $26,484 4 3 1 Total POD Costs $12,487 $149,844 26 24 2 Average Per Household $480 $5,763 Due to evaluation scheduled at the 12-month mark, staff recommends that the initial pilot subsidies continue for 14 months. The additional two months would provide time to analyze 12-month program data and present the findings to the Housing Commission and Council in order to inform the future of the POD program. A 14-month subsidy budget would total $182,210 as follows: HH Size Average after-rent income Basic Needs Budget Non- Rent Monthly Average POD Subsidy Monthly Program Subsidy Costs Annual Program Subsidy Costs Qualified HH POD rent subsid y meets Basic Needs Budget POD rent subsidy does not fully meet Basic Needs Budget 1 $280 $740 $460 $10,128 $141,792 22 21 1 2 $572 $1,293 $721 $2,887 $40,418 4 3 1 Total POD Costs $13,015 $182,210 26 24 2 Average Per Household $501 $7,008 There are several potential challenges in implementing the Basic Needs Subsidy Method. First, for at least two of the households, the subsidy needed to meet basic needs exceeds the household’s rent. As a result, the Housing Commission recommended that the subsidies not be capped at the amount of rent. Second, some 11 of 14 property owners may refuse to accept the POD subsidy. In such cases, the Housing Commission recommends that the POD subsidy be paid directly to tenants. Third, as a result of any direct payment to tenants, there could be both personal income tax implications and deductions from the amount of assistance that participants receive from other government programs. During the pilot phase, staff would document any challenges associated with direct payments in order to inform potential program expansion. Comparing Costs of the Subsidy Method For the POD pilot cohort, the Basic Needs Method costs less than the traditional rent subsidy method that looks at rent burden only. If the Traditional Rent Subsidy (the Section 8 model) were applied to the 26 households above for a 12-month period, the total subsidy budget would be almost $40,000 above the 12-month POD subsidy budget of $149,844 for a total of $184,788. Traditional Rent Subsidy Method Projected 12-Month Subsidy Budget HH Size Monthly Average HH Subsidy Monthly Total POD Subsidies Annual Total POD Subsidies 1 $616 $13,543 $162,516 2 $464 $1,856 $22,272 Totals $592 $15,399 $184,788 Directing Additional Services and Resources to Pilot Participants Council directed staff to consider how to connect POD participants with existing services and goods for which they are eligible, and whether a local non-profit could administer the program. In the interview cohort of 46, staff found that many are not currently availing themselves of programs and services for which they are qualified and that could reduce their living expenses. Of the 46 households, 15 applied for Section 8 in January 2017, 25 receive Rent Control Fee Waivers, and 20 access at least one source of food assistance (food stamps, food banks, or meals from family members outside the household). 12 of 14 The Housing Commission recommended that the POD program include public benefits assessments for participants, support during the public benefits application process, referrals to community resources, and tracking of program outcomes. Six-month and 12-month program assessments would be completed to identify the challenges and impacts of the POD, in order to inform the City’s decision about the pilot’s future. A combination of City staff and consultants or services providers, to be determined, would complete the assessments. Measuring outcomes is a way to ensure that POD participants are receiving the services and resources that they need. The Housing Commission and staff recommend that the pilot program track measurable outcomes that are aligned with the articulated program goals and, given the focus on ‘living with dignity,’ that POD also incorporate Wellbeing Survey questions into the household assessments. For the POD program goals, the initial measurable outcomes would be as follows: x Track number of households able to retain housing versus number of households displaced due to economic reasons. x Calculate household rent burdens before and during program participation. x Document initial challenges experienced as a result of not being able to access government benefits, community services and resources and household outcomes achieved as a result of accessing benefits, services, and goods. x Document initial challenges experienced as a result of not being able to meet basic living expenses and household outcomes achieved as a result of being able to meet basic living expenses. x Track POD achievements, challenges, and expenses. x Identify key issues for potential expansion. 13 of 14 Additionally, Housing Division staff will collaborate with the Human Services Division and the Office of Wellbeing to select and incorporate a small number of Wellbeing Survey questions into periodic assessments. Staff would present the questions for Housing Commission review in fall 2017. Alternatives The Council could consider an alternative design approach for the program, such as using a traditional subsidy method rather than the basic needs approach. However, analyzing another approach would delay the effort and the opportunity to learn from the pilot cohort. Next Steps If Council approves the POD Guidelines, staff would begin implementation, with a goal of beginning to provide financial assistance in September or October 2017. POD is envisioned as a 14-month pilot. Staff would prepare an evaluation report at the end of the period, including the total number of households assisted and an evaluation of the pilot’s impact on housing retention and addressing basic needs. Staff would provide written materials to participants at the outset to make clear the temporary nature of the rent assistance, including the stipulation that funding is authorized for only twelve months, though discontinuing rent assistance to pilot participants could be extremely disruptive to those households. The Housing Commission recommended that the City recognize a moral commitment to support the pilot program participants after the pilot year. Financial Impacts and Budget Actions The Preserving Our Diversity Pilot Program will cost $300,000 with $200,000 allocated to subsidies and $100,000 allocated to administration and service support. Funds for the program were included in the FY 2016-17 budget in the Housing and Economic Development Department but were not utilized. Implementation of the program requires the appropriation of $300,000 (re-appropriation of FY 2016-17 unspent funds) to the FY 2017-18 budget in account 04264.577290. The $100,000 allocated to 14 of 14 administration and service support would be charged to account 04264.577290. Of this amount, no outside contract would exceed $80,000 and the remainder would be allocated to the Housing Division to partially support the Housing Division’s administration of the pilot. Future-year funding is contingent on Council budget approval. Prepared By: Lisa Varon, Senior Development Analyst Approved Forwarded to Council Attachments: A. Draft Program Model and Guidelines B. Housing Commission Report to Council 12.17.2015 C. City Council Meeting Item 13A 05.10.2016 (Web link) D. Proposed FY 2017-18 Budget to Council 06.14.2016 (Web link) E. Renter Needs Survey Data F. Proposed POD Guidelines to Housing Commission 06.16.2016 (Web link) G. Proposed POD Pilot to Council 11.22.2016 (Web link) H. POD Pilot Report to Housing Commission 04.20.2017 (Web link) I. POD Pilot Report to Housing Commission 05.18.2017 (Web link) J. Housing Commission Minutes 05.18.2017 (Web link) K. The Elder Economic Security Index for California Website (Web link) L. The Elder Index Methodology Report (Web link) M. Written Comments ATTACHMENT A Preserving Our Diversity (POD) Pilot Program Proposed Program Model and Guidelines Draft I. PURPOSE, GOALS AND BACKGROUND A. Background The POD Program is the result of Council direction provided at its May 10, 2016 meeting and the affordable housing strategies recommended by the Housing Commission in December 2015. Program design was approved by City Council on [Date Here]. B. Purpose The purpose of the Preserving Our Diversity (POD) Pilot Program is maintain economic diversity by providing financial assistance to low-income long-term residents aged 62 and above, living in rent-controlled apartments and whose inability to pay rent may result in displacement from Santa Monica. C. Nature of Pilot POD is a pilot program of the City of Santa Monica. There may be unanticipated issues that arise, and from which staff can learn valuable information for future program viability. If any issues arise that are not addressed by these Guidelines, staff will conduct a peer review of the issue and then the Housing Manager will review the resolution for approval. All issues and resolutions will be documented for future consideration. D. Goals The goals of POD are to: 1. Help a limited number of low-income senior residents avoid residential displacement by reducing household rent burden; 2. Assist some of the City’s lowest-income and longest-term residents to live with greater dignity by helping them meet their basic needs, such as rent, food, medical care, and transportation, and by facilitating access to mainstream goods and services; 3. Provide an opportunity for the City to gauge the effectiveness of POD as a housing preservation and anti-displacement strategy and model; and 4. Identify key issues to address in conjunction with considering any program expansion. 2 II. PROGRAM MODEL A. Subsidy Formula The formula for household subsidy will be as follows: Total Annual Income less Rent = Annual Non-Rent Income Difference Between Basic Needs Budget Non-Rent Expenses and Annual Non-Rent Income = Annual Subsidy Annual Subsidy divided by 12 = Monthly Subsidy B. Basic Needs Budget The household subsidy amount shall be determined using the Basic Needs Subsidy Method. The Basic Needs Subsidy Method, which City staff created based on the UCLA Elder Index Basic Needs Budget (BNB), aims to equalize the remaining amount of income each household retains after paying rent. As such, household subsidies will not be capped at rent. For the POD Program Model, utilities are adjusted from the UCLA Elder Index BNB t o a m o u n t s t h a t m a t c h t h e S a n t a M o n i c a H o u s i n g Authority’s average utility allowances for currently served tenants, and are based on Los Angeles County averages. Additionally, to ensure that POD does not subsidize automobile usage, transportation is adjusted down from $233 (based on national averages of annual miles driven multiplied by the Internal Revenue Service standard mileage reimbursement rate) to $52 (the rounded cost of a 30-day senior EZ Transit Base Pass/Zone 1 for the Big Blue Bus and Metro). The Basic Needs Budget Method for the POD pilot will include the following expenses and amounts per household size. POD Pilot Basic Needs Budget Non-Rent Expenses EXPENSE 1 person HH 2 person HH Food $264 $490 Healthcare $166 $332 Transportation $52 $103 Utilities $42 $55 Misc. (Phone, Cable, Clothing, Etc.) $216 $313 Total Monthly Basic Non- Housing Expenses $ 740 $1,293 Total Annual Non-Rent Expenses $8,880 $15,516 3 C. Definition of Rent Household subsidy amounts are calculated with actual rents. Rent is defined as the amount of money paid by the head of household to the landlord as evidenced by a cancelled check or money order or verifiable receipt. As of September 1, 2017, rent will be calculated pursuant to the Annual Rent Control Board increase of two percent. D. Adjustments to Subsidy Amount No adjustments to subsidy amounts will be made during the pilot year of POD unless a tenant requests to withdraw, moves or becomes deceased . E. Measuring Outcomes Measuring outcomes is a way to ensure that POD participants are receiving the services and resources that they need, and to determine the efficacy of program expansion. The POD program will track measurable outcomes associated with the articulated program goals as follows: 1. There will be three assessments during the 14-month pilot: initial assessment, mid-program assessment (6-month) and post-program assessment (12-month). 2. The initial measurable outcomes tracked will be as follows: x Number of households able to retain housing versus number of households displaced due to economic reasons x Household rent burdens prior to and during program participation x Initial challenges experienced as a result of not being able to access government benefits, community services and resources, and household outcomes achieved as a result of accessing benefits, services and goods x Initial challenges experienced as a result of not being able to meet basic living expenses and household outcomes achieved as a result of being able to meet basic living expenses x POD programmatic achievements, challenges and expenses x Identify key issues for potential expansion 3. Given the City’s goal of offering POD rental subsidies so that participants can ‘live with greater dignity’, Housing Division staff will collaborate with the Human Services Division and the Office of Wellbeing to select and incorporate five to ten Wellbeing Survey questions into the above-stated assessments. 4 III. GUIDELINES: ELIGIBILITY AND PRIORITY A. Threshold Eligibility Criteria Threshold Eligibility Criteria for the POD pilot (household must meet all criteria below): 1. Household submitted a complete Renter Needs Survey by July 18, 2016 by 5 p.m. PST; and 2. Household participated in follow-up interviews; and 3. Head of household is a senior aged 62 or older; and 4. Household must have occupied current Santa Monica rent-control apartment since before January 1, 2000; and 5. Household’s apartment must not be deed-restricted affordable housing of any kind, including: x Properties purchased, rehabilitated and/or constructed with City Housing Trust Funds; x Apartments subject to the Affordable Housing Production Program; x Federally assisted properties; and x Los Angeles County-assisted or owned affordable housing properties; and 6. Renter Needs Survey initially indicated that the household income was equal to or less than 30 percent of area median income (Extremely low income) and household final income verification confirms it is no more than 50 percent area median income (Low Income); and 7. Household is not currently participating in, or previously terminated from, any Santa Monica Housing Authority rent subsidy programs; and 8. No household members convicted of violent crime which occurred within the last 5 years, or who are registered sex offenders; and 9. Household income documentation indicates that the household is in need of the subsidy (e.g. earning less than the approved Basic Needs Budget), pursuant to the income and asset determinations and verifications described in Section III. 5 B. Priority 1. Priority for the POD Program, within the Threshold Eligibility Criteria indicated in Section III-A, will be established by serving households in order of highest rent burden to lower rent burden. For example, a household with a rent burden of 80 percent would have priority over a household with a 75 percent rent burden. 2. When households are determined to have equal priority (based upon the same level of rent burden), the tie-breaker will be the resident household who has lived in their current Santa Monica apartment the longest. IV. GUIDELINES: ELIGIBILITY SCREENING A. Identification Screening for eligibility will require that all household members provide acceptable identification to the City. Two forms of identification will be required: 1. California Driver’s License or California Identification or United States Passport; and 2. Social Security Card or current Social Security Administration Statement B. Household Members 1. Household members are defined as the individuals living in the unit, including spouses, dependents and other adults. 2. Live-in aides are not considered household members. A live-in aide is defined as person who resides with one or more elderly persons or persons with disabilities, and who: a) is determined to be essential to the care and wellbeing of the person; b) is not obligated for the financial support of the person; and c) would not be living in the unit except to provide the necessary supportive services. 3. Participants must provide 10 business days written notice of a potential household member change (removed or added). Staff may provide exceptions for emergency medical situations. C. Household Income Determination Household Income will be calculated as follows: 1. Earned and unearned income from all household members; and 2. Earned and unearned income from all sources, such as employment, self-employment, cash-equivalent government benefits, pension, and family support; 3. Imputed income from assets calculated at a rate of 10 percent annually (the formula for the City’s Affordable Housing Production Program); and 6 4. Income for live-in aides is not included in the household income determination. D. Household Income Verification For household income applicant will provide the following: 1. Wages – Two consecutive months of stubs and/or W-2 Forms; and 2. Taxes – Most current Federal Tax Forms if earned income reported, if completed, or self-certification that forms are not required; and 3. Public Benefits Statements – 2017 Benefits Statements from all sources currently received; and 4. Family Support Statement – Complete SMHA Verification of Support Form; and 5. Pension/Retirement Account Distributions – Three consecutive monthly, quarterly or annual statements; and 6. Temporary, Sporadic and Nonrecurring Income – Will not be counted and is defined as provided in the Santa Monica Housing Authority Administrative Plan. E. Assets Determination and Verification The Housing Division staff will review household assets (liquid and non-liquid). Imputed income from assets will be calculated at a rate of 10 percent annually (the formula for the City’s Affordable Housing Production Program). Applicant will provide the following for all solely-owned assets as follows: 1. Checking and Savings Bank Accounts – Two current consecutive bank statements for all accounts 2. CD/Stock/Bonds/Retirement Acct/IRA/Money Market Funds – Most recent annual investment value report and/or two consecutive statements. Some assets may also be considered as income depending on the frequency of distributions. 3. Real Estate – Deed or tax statement to verify ownership 4. Trusts – Copy of Trust 5. Personal Property – Personal property held as an investment and valued more than $30,000 6. Life Insurance – Life Insurance Policy for whole life insurance policies only 7. Annuity – Monthly/quarterly/annual statements 8. Asset Transfers – Self-certification that applicant has not transferred or disposed of assets in the past 24 months If a tenant does not have adequate documentation, staff may accept self- certification pending the review described below. 7 F. Staff Review If an applicant is unable to provide the verification listed above, and instead provides different documentation or information, a peer staff review will determine if documentation is sufficient. The Housing Manager will sign off to concur. V. GUIDELINES: PARTICIPATION IN GOOD FAITH A. Participation in Good Faith Policy All participant household members are required to review, agree to and sign a Participation in Good Faith Policy which outlines responsibilities that the participating household must fulfill as well as prohibited actions. All participant households must participate in program surveys. All participant households must apply for, and enroll in, federal, state, county and local benefit programs and services for which they are eligible to enhance the overall financial capacity of the household and to obtain needed services to reduce the financial strain on the households. A nonprofit partner will assist participant households with accessing benefit programs and services for which they may be eligible. Participants will be provided with confidentiality information and releases, as appropriate and in keeping with standard social service practices, and in regard to information- sharing between the City and its non-profit partner for POD. B. Notification to the City Program participants are required to notify the City Housing Division: x Immediately if the landlord or participant is terminating the participant’s apartment rental agreement. x Within five (5) business days of notice to owner if participant is permanently vacating the apartment. x Within ten (10) business days prior to any temporary absence that will be 30 days or more. VI. GUIDELINES: RENTAL SUBSIDY PAYMENT A. Payment of POD Subsidy The City will only pay the POD subsidy via direct deposit to a bank account. Therefore, all participants are required to have a bank account and accept direct deposits of the POD subsidy. B. Non-Transferability The POD Program subsidies are non-transferable and rights to rental subsidies cease when tenancy of the apartment is terminated. Participation in the POD Program does not establish rights to any other rental housing subsidy program operated by the City of Santa Monica or the Santa Monica Housing Authority. 8 C. Rental Subsidy Payments Subsidy payments will be made directly to Owners where Owners agree to participate and where the POD subsidy does not exceed rent. Participating owners will enter into written agreements with the City and will be required to accept direct deposit payments. Where legally feasible, and in cases where Owners are not willing to participate in the POD program, POD subsidies will be paid directly to participants via direct deposit. VII. GUIDELINES: APPEALS Appeals are permitted for income determination only. Appeals must be requested in writing within 10 business days of the decision, and must include any documentation or additional information to be considered. Appeals will be peer reviewed. Decision notification will be issued within 10 business days. 1 Date: December 17, 2015 To: Mayor and City Council From: Housing Commission Re:Affordable Housing Strategies BACKGROUND The residents of Santa Monica long have sought to preserve our City’s economic diversity. In 1979 the voters placed rent control into our City Charter. In 1990 the voters amended the Charter to require that 30% of all new housing be permanently affordable to and occupied by households earning no mo re than the Los Angeles County median income, and that half of that 30% be permanently affordable to and occupied by households earning no more than 60% of the median income. In 1998 the voters amended the Charter to permit the expenditure of City funds to create affordable housing units each year, equal to up to one half of one percent of the existing housing stock(i.e., approximately 250 units per year). The Santa Monica City Council, backed by the voters and resident groups, has taken further important actions to provide affordable housing and so preserve our economic diversity. Chief among these actions has been the dedication of City land and the expenditure of City funds to help non-profit organizations create 1,845 new affordable housing units, and acquire 1,096 existing housing units for use as affordable housing. In 1992 the City Council adopted an Affordable Housing Production Program(“AHPP”)which requires developers of new for- profit multi-family residential properties to deed restrict a portion of those units as affordable housing units (either on-site or off-site), dedicate land, or make monetary contributions to the City Housing Trust Fund. Private developers have deed restricted an additional 1,008 units as affordable housing under this program.1 1 Data provided by staff indicates that 474 of these units (47%) have been or are being created by for-profit developers in 100% affordable projec ts that were approved under prior law (subsequently changed by the City Council) that permitted rent levels for moderate income households that approached or equaled market rents for small units at that time, and permitted expedited approval of 100% affordable housing projectsthat consistedmostlyof such moderate income affordable units. The City also has 529 units of deed restricted affordable housing that were created using HUD funds only. 2 As a result of these and other efforts, the City of Santa Monica historically has been a community that has welcomed and provided housing security to residents at all economic levels. But this hallmark of our community is steadily eroding. For example, whereas 60% of our housing stock was afford able to those earning up to 120% of median family income in 1998, only 33% of our housing stock remained affordable to such households in 2013.2 The principal cause of this erosion of affordability is California’sC o s t a Hawkins Act, which precludes the City from imposing any control o n the initial rent charged to a new tenant upon moving into a rent controlled apartment (“vacancy decontrol”).3 As a result of vacancy decontrol, more than 14,500 Santa Monica rent controlunits that in 1998 were affordable to househo lds earning just 80% of the median family income no longer are affordable even to households earning 110% of the median family income (i.e., $70,280 for a family of four).4 This represents 29% of the City’s housing stock that was affordab le 17 years ago but no longer is affordable. Given these trends,and the continuing rise of market rents in Santa Monica, virtually all of the 11,742 rent control units that remain affordable to households earning up to 110% of the median family i ncom ew i l l becomeunaffordable once the current tenants leave.5 Once that fully occurs – 2 See Staff Report 1421presented at 8/25/15 City Council Study Session on Affordable Housing at Fig. 7. HUD defines housing as affordable to a household when it need not expend more than 30% of its income on that housing. 3 See 2014 Santa Monica Rent Control Board Annual Report at p. 19 & Fig. 16. Rent control continues to limit the amount by which this initial rent can increase each year, thereby assisting a new tenant who can afford the initial rent to remain a long term member of our community. 4 See 2014 Santa Monica Rent Control Board Annual Report at p. 20 & Figs. 17- 18; 7/16/15 Remarks to Housing Commission by Stephen Lewis, General Counsel to Santa Monica Rent Control Board (confirming that Figure 18 uses median income for family of four to calculate affordability). 5 See Staff Report 1421presented at 8/25/15 City Council Study Session on Affordable Housing at Fig. 5. The 11,742 units excludes the 1,096 deed restricted acquisition/rehab units. 80% of all rent control units affordable in 1998 to those earning 110% (or less) of median family income and thereafter subjected to vacancy decontrol no longer were affordable in 2014. See 2014 Santa Monica Rent Control Board Annual (footnote continued) 3 which could take less than 20 years at present unit turnover rates 6 –t h eonly Santa Monica housing affordable to those in the bottom half of the economicdistribution will be our deed restricted affordable housing stock. Unfortunately, the City’s ability to respond to this affordable ho using crisis experienced a serious setbackwhen the State abolished redevelopment agencies in 2012. Prior to that time, Santa Monica had used over $15 million in redevelopment funds each year either to create new affordable housing, or to acquire existing rental units and preserve them as affordable housing.7 In this reportthe Housing Commissionprovidesrecommendations for addressing the housing needs of those households earning the median income or less. The threat to this portion of our community is dire, both because market rate units no longer are affordable to such households, but also becaus e HUD data indicates that a large portion of the Santa Monica renter households earning less than the median family income faces a severe housing costburden (that is, they are paying more than 50% of their income for housing).8 The Housing Commissionalso is concerned about the threat to households earning up to 200% of median family income, and will conductfurther investigatory efforts and deliberations in the new year regarding possible courses of action to prevent the loss of this group from the City. This threat is not as acute as the threat to those households earning the median family inc ome or less. This is because Rent Control Board data indicates that a large portion of the rent Report at p. 20 & Fig. 1. Given that market rents continue to inc rease, that 80% figure likely will be close to 100% in the future. 6 For example, 8,977 of the 11,742 rent control units that today remain affordable to households earning up to 110% of the median family income are occupied by the same tenant that occupied the unit prior to vacancy decontro l going into effect in 1999. Between 400 and 550 such long-term rent controlled units were lost to vacancy decontrol each year from 2009 through 2014. See Staff Report 1421presented at 8/25/15 City Council Study Session on Affordab le Housing at Fig. 5 and pp. 14-15; 2014 Santa Monica Rent Control Board Annual Report at p. 11 & Fig. 5. 7 See Staff Report 1421presented at 8/25/15 City Council Study Session on Affordable Housing at p. 17. 8 See discussion at page 6 &note 14. 4 controlled units remain affordable at this time to households e arning up to 200% of median family income, even with vacancy decontrol,9 and because HUD data indicates that the existing burden of housing costs is not as s evere for this group as it is for residents at lower income levels.10 But this will change over time as rents continue to rise. And, based on anecdotal information, it appears that rents on newer uncontrolled units already are unaffordable to households earning up to 200% of median family income. Further, home ownership of any kind c urrently is out of reach for any but the wealthiest of Santa Monicans. PRIORITIES MOVING FORWARD AssistLower-Income Santa Monicans To Remain In Their Rent Controlled Homes At present, there are 11,742 rent controlled units that are affordable to households earning 110% of the median family income or less. This represents roughly 23.5% of our current housing stock. By contrast, there are just 4,436 deed restricted affordable housing units in the City, representing roughly 9% of the total housing stock.11 Recent experience shows that it now costs the City roughly 9 For example, staff obtained data from the Rent Control Board regarding initial rents for controlled units subject to vacancy decontrol during 2015. Using the AHPP adjustments to median family income for household size and household size occupancy standards, it appears that 86% of studio and one bedroom apartments, and 73% of two bedroom apartments, remained affordable to households earning 200% of size-adjusted median family income (.7 of median family i ncom e for studios, .8 for one bedroom units, and .9 for two bedroom units). Using the same approach, 71% of studio units, 58% of one bedroom units, and 22% of two bedroomunits remain affordable to households earning 155% of size-adjusted median family income. 10 See discussion at page 6 &note 14. 11 See Staff Report 1421presented at 8/25/15 City Council Study Session on Affordable Housing at Fig. 5. The City also administers 1,092 Section 8 tenant- based vouchers. Because the holders of these vouchers almost all live in either deed restricted or affordable rent control units, they do not add to the City’s current overall supply of affordable housing (although they do facilitate the ability of those with the least income to remain a part of our community). 5 $115,000 per bedroom to assist a non-profit developer to create new affordable housing, and roughly $300,000 per bedroom to assist a non-profit developer to acquire, rehabilitate and preserve an existing unit as affordab le housing.12 The City should do everything practical to keep lower-income Santa Monicans currently living in rent controlled apartments in their homes. This is the mostcost effective means of preserving Santa Monica’s existing economic diversity because vacancy decontrol will make virtually all of the remaining affordable rent controlled units unaffordable when the current tenants leave, and because it is expensive to provide replacement affordable housing units. The City recently has taken important legal actions to protect at-ris k tenants. These include the strengthening of the tenant anti-harassment ord inance and the funding of a second full time housing attorney at the Santa Monica office of the Legal Aid Foundationof Los Angeles (“LAFLA”). In order to determine the efficacy of these measures, and to quickly identify any further actions needed, the Housing Commission recommends that the City Council request and review reports on a minimum of a quarterly basis from the City Attorney, LAFLA, Code Enforcement, and the Rent Control Board – as well as receive public input – on challenges to tenant retention, actions taken in response, adequacy of enforcement resources, and potential improvements to existing tenant protec tion laws. In making this recommendation, the Housing Commission recognizes that mostowners of rent controlled buildings comply with the law and are providing a vital service to the City in maintaining its economic diversity. The Housing Commissionpublicly recognizes and honorsthese landlords, most especially those who owned their buildings continuously since the enactment of rent control,and those who rent to Section 8 tenants.The Housing Commission supports staff’s intention to develop a recommendation to the City Council for further public recognition of these landlords by the City. The Housing Commission further recommends that the City develop a fund to provide rental assistancewhen doing so will keep low income Santa Monicans 12 See Exhibit A hereto (10/19/15 spreadsheet of project costs and City costs from Andy Agle). Acquisition and rehabilitation – although generally less expensive overall – is more expensive to the City because the projects do not qualify for State or federal tax credits. See Staff Report 1421presented at 8/25/15 City Council Study Session on Affordable Housing at p. 5. 6 currently living in rent controlled units in their homes, such as seniors and totally disabled individuals with fixed incomes,and low wage families. The size of this population is not known at present. Anecdotal information – includ ing inquires to staff fromrenters seeking assistance– indicates that such a population exists. And this population might be a large one,given that the most recent HUD data available estimates that there are 6,325 Santa Monica renter households earning 50% or less of the median family income that are paying more than 50% of their income for housing.13 Given the uncertainties surrounding the scope of the need, and the best design for administering such a fund, we recommend that the City develop a pilot program with initial funding of $250,000. If the results of the p ilot program confirm that the need is greater and that the program at scale would be cost effective, then greater funding resources should be devoted to the program. Protect And Expand The Supply Of Deed-RestrictedAffordable Housing Given vacancy decontrol and the realities of the rental market, S anta Monica’s long term ability to maintain economic diversity will depend upon its supply of deed-restricted affordable housing units. Consequently, the City should protect its current stock and produce new affordable housing units. The Housing Commission recommends: x Proactive and more comprehensive monitoring of compliance with AHPP and development agreement (DA) requirements for tenant 13 See HUD CHAS Data for Santa Monica, California (based on 2008-2012 ACS Survey) at Chart entitled “Income by Cost Burden (Renters only)”, available at http://www.huduser.gov/portal/datasets/cp/CHAS/data_querytool_c has.html.This group consists of 4,375 Santa Monica renter households earning 30% or less of the median family income (some 65% of all such households), and 1,950 Santa Monica renter households earning from 30% to 50% of the median family income (some 58.6% of all such households). This same HUD data estimates that more than 50% of household income is spent on housing by 1,315 Santa Monica renter households earning from 50% to 80% of the median family income (some 27.1% of all such households), by 285 Santa Monica renter households earning from 80% to 100% of the median family income (some 9.7% of all such hous eholds), and by 90 Santa Monica renter households earning from more than 100% of the median family income (some 0.6% of all such households), 7 income qualifications and rent levels in existing and future deed - restricted affordable housing units. x Proactive and more comprehensive efforts to connect qualified residents and workers with all existing and future deed restric ted affordable housing units in the City. x A return over time to at least the $15 million annual affordable housing funding levels fromlocal sources that existed prior to the dissolution of redevelopment in 2012. The Housing Commission’s specific recommendations regarding local funding mechanisms and the uses for those funds are set out in the next section two sectionsof this report. In order to maximize the impact of funds raised, the City should review its existing inventory of land to identify sites than can be devoted to the development of affordable housing. For example, the Housing Commission supportsusing a portion of the Big Blue Bus site for affordable housing, subject to a feasibility study.14 x Incentivize homeowners to add auxiliary dwelling units as deed restricted affordable housing. The City of Los Angeles is studying the concept, and such a program already is in place in Sonoma County.15 We believe the City should develop such an affordable auxiliary dwelling unit program appropriately tailored to our circumstances . x Continue to monitor and develop plans to maintain the affordability of units subject to City and non-City deed restrictions as these restrictions approach termination. 14 Because the site at 2018 19th Street was identified by a local architect as another potential site for affordable housing, the Housing Commission recommends that the City Council consider anew whether a proposed sale of that property is advisable in light of the issues raised at the August 25, 2015 affordable housing study session and/or in this report. 15 See“AffordableSecond Dwelling Unit Program,”SonomaCounty Permit and Resource Management Department and Sonoma County Community Development Commission 8 In addition, it appears some for-profit developers are involved in acquiring and preserving existing units as housing affordable to renters earning 80% of median neighborhood income.16 The Housing Commission recommends that the City reach out to these developers to determine what incentives (if any) would be required to make such a programgenerate affordable housing in Santa Monica for those earning the Los Angeles County median family income or less (the benchmark set in the City Charter for affordable housing produc tion), without displacing existing residents. Further, development projects should be approved only when, in their own right, they make a positive contribution to our community, and they also make very substantial contributions to affordable housing. The Housing Commissiondoes not believe any new market rate or mixed use development projec t should be approved solely because it provides new inclusionary affordable housing units. The Housing Commission is concerned that any failure to follow this approach undermines community support for affordable housing. Projects requiring DAs should provide affordable housing substantially in excess of the current AHPP minimum requirements for Tier 2.17 The Housing Commissionrecommends that the City Council require Tier 3 projectsa t a minimum satisfy the City Charter requirements by providing 30% of units affordable to households earning 80% of median family income or less, with at least half of that 30% affordable to households earning 60% of median family income or less. Alternatively, the City Council should consider requiring Tier 3 projects to provide at a minimum double the current AHPP minimum requirements for Tier 2 projects. Finally, the Housing Commission supports the staff’s intention to evaluate and, if feasible and cost-effective, develop a program to provide financial and other incentives to landlords to rent existing units to low income ho useholds. 16 See“Thisinvestment fund has asocial agenda —andhigh-profile backers,” 9/18/15 Los Angeles Times. 17 See Santa Monica Municipal Code §§ 9.23.030(A), 9.64.040 to 9.64.060. 9 PROPOSED FUNDING SOURCES The City should assertively pursue all options for accessing funding from County, State and federal programs. In doing so, the City should work with our County, State and federal elected representatives to press the case for using Santa Monica as a demonstration project on the viability and benefits of deconcentrating poverty. Our City’s historical dedication to maintaining an econo mically diverse population, our outstanding social services and public schools, and our national name recognition make us an ideal location for such a demonstration project if officials considerthe new emphasis by HUD and others on deconcentrating poverty.18 Santa Monica should further enhance its caseto County officials by targeting affordable housing for populations on which the County otherwise is required to spend money (such as the homeless, the disabled, veterans, formerly incarcerated persons, and family reunification populations, among others). The Housing Commission recommends that the City Council request and review reports regarding the progress of these efforts at a minimum on a semi-annual basis. The Housing Commission recognizes that these external funding sources are uncertain and will require long term effort to access. The City can and should continue its proud tradition ofputting its own resources where its values are, and soshould develop new and stable local funding sources for affordable housing sufficient to at least restore the $15 million per year from lo cal sourcesspenton affordable housing prior to the dissolution of redevelopment in 2012. The Staff Report for the August 25, 2015 City Council study sess ionon affordable housing identifies and discusses the following potential local funding sources: 1. Monies allocated from the City’s General Fund; 2. General obligation bonds; 3. An increase in the transient occupancytax; 18 See HUD Final Rule “Affirmatively Furthering Fair Housing” (June 30, 2015). For example, a recent Harvard study found that children who leave c oncentrated areas of poverty before they are 13 reap lifetime benefits in terms of educational attainment, income, and family stability. See Raj Chetty, Nathaniel Hendren, and Lawrence F. Katz, “TheEffects of Exposure to Better Neighborhoods on Children: New Evidence from the Moving to Opportunity Experiment” (May 2015). 10 4. An increase in the sales tax; 5. An increase in the real property transfer tax; 6. A parking tax; 7. A utility user tax; and 8. A parcel tax. The Housing Commission considered each of these sources, as well as (1) a construction tax, (2) an increase in the commercial linkage fee for affordable housing, and (3) locally imposing a $75 per document recording fee.19 Existing General Fund Revenues The Housing Commission believes that any approach to local fundingf o r affordable housing (including funding to retain current low income Santa Monicans in their rent controlled apartments) should combine the repurposing of some existing General Fund revenues with the creation of new local funding sources. Given the level of the threat to our core City value of economic diversity, and the City Council’s designation of maintaining that diversity as one of the top three City goals, the expenditure of funds for affordable housing should be a higher priority than some existing uses of funds. The City Manager and the City Council should determine where to adjust the existing budget to repurpo se those funds for affordable housing. The Housing Commission believes that at least $7.5 million for affordable housing should come from new general revenue taxes, and that the City should spend up to another $7.5 million of existing general revenues (roughly 2% of the current General Fund), in order to meet or exceed a total of $15 million per year in local funding for affordable housing. New General Fund Revenues In order to raise at least $7.5 million in new revenues, the Housin g Commission gave primary consideration to the following proposals: 19 This proposal is for a local version of the bill Assembly Speaker Atkins introduced in Sacramento. It has been suggested that, unlike the other local funding sources identified, this source may not require voter approval. That is a question for the City Attorney. 11 1. Real Estate Transfer Tax: Place on the 2016 ballot the equivalent of Measures H and HH from the 2014 ballot. Measure H would have imposed an increase in the real estate transfer tax from $3 to $9 per $1000 of sales price for commercial, multi-family and single family properties sold for over $1 million. Measure HH asked the vot ers whether they wanted the City to spend the general funds raised by Measure H on affordable housing. The Housing Commission endorsed Measures H and HH in 2014, but Measure H was rejected by the voters. Staff estimates that the tax increase, if approved in 2016, would raise $9.6 million per year ($2.4 million for each $1.50 increase in the tax). 2. Construction Tax: Place on the 2016 ballot a commercial and for-profit multi-family constructiontax equal to 5% of calculated value, with a companion advisory measure asking the voters whether they want the City to spend the general funds raised on affordable housing. This tax falls on commercial enterprises that create additional need for affordable housing and benefit economically from the changing economic demographics of our City. Staff is continuing to analyze the likely revenues to be generated by such a tax, but estimates that it is not less than $7.5 million per year based on recent annual permitted value.20 3. Sales Tax: Place on the 2016 ballot a one quarter of one percent sales tax increase,with a companionadvisory measure asking the voters whether they want the City to spend the general funds raised on affordable housing. Because the sales tax proposalrequires a contribution from every person and business entity that resides in, works in, or visits Santa Monica, the individual burden is modest (25 cents for every $100 spent in the City on non-exempt purchases 21). Universal funding also 20 We understand that the City Attorney is reviewing whether there are any legal impediments to this proposed tax. 21 California law exempts various necessary purchases from sales taxes, such as purchases of food (including pet food) and medicine. See California State Board of Equalization, “Sales and Use Taxes: Exemptions and Exclusions” (July 2014). Former Mayor Denny Zane advised the Housing Commission at its December 5, 2015 meeting that sales tax data from Los Angeles County as a who le indicates (footnote continued) 12 is consistent with the belief that maintaining Santa Monica’s economic diversity is central to its character and a benefit to everyone who participates in our City’s life. Staff estimates that such an increase in the sale tax would raise $7.5 million per year. The Housing Commission unanimously expresses its preference for the sales tax. The Housing Commission recognizes, however, that a majority o f the voters will have the final say on any proposedtax increase, and therefore recommends that the City Council engage in polling and take still further public input before deciding on afinal course ofaction. PROPOSEDUSES OF FUNDS The best use of affordable housing funds will depend in part on the amount of funds available and conditions at the time funding is restored. The Housing Commissionoffers several general recommendations. Income Targeting The Housing Commission recommends that locally raised affordable housing funds be used in a manner consistent with historical inc ome targeting patterns (that is, that three-quarters of total households served be those earning 60% or less of the area median income, including at least 50% of total households served be those earning 50% or less of the area median income).22 The need appears most extreme at these lower income levels. For example, the most recent HUD data available estimates that almost 80% of the more than 8,000 Santa Monica renter households that are severely cost burdened (i.e., paying more than that businesses and visitors pay 58% of the sales tax, and residents pay 42%. Even if residents in Santa Monica pay this same 42% of City sales tax (and Santa Monica residents might pay a lesser percentage given the City’s very high levels of tourism and business activity), each of the 93,000 Santa Monica res idents on average would pay less than 10 cents per day of additional sales tax under the proposal. 22 See “PopulationServed – Income Level (Maximum Income)” Table for “City- Funded Housing Stock” on Affordable Housing Information Summary provided by Barbara Collins at the Commission’s June 2015 meeting. 13 50% of their income for housing) are households earning 50% or less of the area median family income (the large majority of whom earn 30% of less ofarea median family income).23 And 95% of the more than 3,000 applicants on the City’s local affordable housing Waiting List who work or live in Santa Monica identified themselves as members of households earning 50% or les s of the area median family income when they applied in 2011 (including 80% earning less than 30% of area median family income).24 No funds should be used for households earning in excess of 80% of area median income. Community / Program Targeting Protection Of Lower-Income Rent ControlledTenants As discussed, the Housing Commission favors development of a $250,000 pilot rental assistance program to keep low-income Santa Monicans in their rent controlled unit, followed by expansion of the program if the pilo t results confirm a greater need exists and that the programat scale would be cost effective. Property Acquisitions The Housing Commission recommends that the City strongly consider issuing lease-revenue bonds backed byat least a portion ofthe new revenue streams generated, and using the bond proceeds to acquire land or buildings suitable for affordable housing. There is little doubt that the cost of acquisition will only rise in the future. Non-Profit Funding The Housing Commission recommends that the City continue its histo ric commitment to funding non-profit housing providers for boththe ac quisition and rehabilitation of existing units and the construction of new units as deed-restricted 23 See HUD CHAS Data for Santa Monica, California (based on 2008-2012 ACS Survey) at Chart entitled “Income by Cost Burden (Renters only)”, available at http://www.huduser.gov/portal/datasets/il/il15/index.html. 24 See Santa Monica Housing Division, Local Waiting List (Aug. 15, 2011). 14 affordable housing.25 The City’s non-profithousing providers historically have delivered more affordable units, and much deeper affordability, than for-profit developers of inclusionary affordable units.26 The City’s excellent social services programs which serve seniors , persons with disabilities, veterans and chronically homeless individuals, leverage County, State and federal funds for supportive housing. As new affordable housing revenues become available, the City should continue its proud tradition of providing a share of that funding to createadditional supportive housing units in Santa Monica. Finally, the City should work with its non-profit housing providers to determine whether there are cost-effectiveopportunities for acquisition and rehabilitation of non-occupiedproperties (such as older commercial buildings) that could qualify for tax credits (thereby lowering the cost to the City of adaptive reuse).27 25 41% of City loans to affordable housing non-profits have been for acquisition and rehabilitation of existing rental units. See Staff Report 1421presented at 8/25/15 City Council Study Session on Affordable Housing at p. 5. 26 Compare“Population Served – Income Level (Maximum Income)” Table for “City-Funded Housing Stock” with “Population Served – Income Level” Table for “Inclusionary Housing Stock” on Affordable Housing Information Summary provided by Barbara Collins at the Commission’s June 2015 meeting. 27 Seediscussionat pages 4-5 &note 13. APPENDIX C: Charts and Graphs Analyzing Renter Survey Data Figure 1: Overview of Survey Respondents’ Rent Burden Categories. This shows the size of the final data set used in the staff report analysis and all other graphs in this appendix. Figure 2: Survey Respondent’s Rent Burden by Monthly Income and Rent. This graph represents the same data as Figure 1 but illustrates the relationship between the two components of rent burden ratio. 155, 36% 175, 40% 103, 24% Severely Burdened Burdened Not Burdened $0 $2,500 $5,000 $7,500 $10,000 $12,500 $15,000 $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000 Mo n t h l y I n c o m e Rent Severely Burdened Burdened Not Burdened 30% Burden 50% Burden Figure 3: Survey Respondents’ Rent Burden Categories by Income Levels. The correlation between lower incomes and higher rent burden, observable in Figure 2, is illustrated here. Figure 4: Rent Burden of Non-Senior vs Senior Respondents. Senior is defined as 62 years old, the standard for federal housing programs. Survey results indicate significantly more seniors are severely rent burdened (compare blue columns) and significantly more non-seniors are not rent burdened (compare gray columns). 0% 20% 40% 60% 80% 100% Extremely Low Very Low Low Moderate/Upper Severely Burdened Burdened Not Burdened 60% 40%42% 58% 27% 73% 0% 10% 20% 30% 40% 50% 60% 70% 80% Senior Non-Senior Severely Burdened Burdened Not Burdened Figure 5: Survey Respondents’ Rent Burden by Age and Income. The graph shows the distribution of the three burden groups from Figure 4, plotted by age and income. The senior (green) line is at age 62. The extremely low-income (gold) line is at $1,521 (the monthly income limit for a 1-person household to be considered extremely low-income). The concentration of severely burdened households below the extremely low-income line corresponds to the data seen in Figure 3. There is a general trend of decreasing income as age increases, with clustering of severely burdened households in the area bound by the extremely low income and senior bars. $0 $2,500 $5,000 $7,500 $10,000 $12,500 $15,000 25 35 45 55 65 75 85 95 105 Mo n t h l y I n c o m e Age Severely Burdened Burdened Not Burdened Extremely Low Income Senior Figure 6: Burden by Rent and Income with Proposed Pilot Target Households Highlighted. Same base chart as Figure 2 with the households that are proposed for rental assistance based upon survey response data (which will be subject to verification). The highlighted households (Pilot Target) represent the households to be served under staff’s recommendation per Option 2. These households have the highest rent burden within the Severely Burdened group, and are also extremely low income and residents of Santa Monica for over 10 years. $0 $2,500 $5,000 $7,500 $10,000 $12,500 $15,000 $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000 Mo n t h l y I n c o m e Rent Pilot Target Severely Burdened Burdened Not Burdened 40% Burden Figure 7: Burden by Rent and Income with Pilot Target Households Adjusted After Receiving Assistance. Since the assistance the pilot program would p is rent subsidy direct to the owner, it would effectively reduce the households’ (portion of) rents. On the chart this results in the (Pilot Target) dots moving to the left in line with the rent burden of 40%, as recommended by staff in Option 2. $0 $2,500 $5,000 $7,500 $10,000 $12,500 $15,000 $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000 Mo n t h l y I n c o m e Rent Pilot Target Severely Burdened Burdened Not Burdened 40% Burden July 24, 2017 The Honorable Ted Winterer, Mayor The Honorable Gleam Davis, Mayor Pro Tempore The Honorable Sue Himmelrich, Kevin McKeown, Pam O'Connor, Terry O'Day, and Tony Vazquez, Councilmembers City of Santa Monica 1685 Main Street Santa Monica, CA 90401 Dear Mayor Winterer, Mayor Pro Tempore Davis, and Councilmembers Himmelrich, McKeown, O'Connor, O'Day, and Vazquez, As you may be aware, at its October 24, 2016, meeting, the Social Services Commission voted unanimously to recommend that the Preserving Our Diversity program “include provisions (1) to determine whether prospective beneficiaries are eligible for and/or receiving all appropriate City, County, State, and Federal services and benefits, and (2) to actively assist them in gaining access to all benefits and services for which they may be eligible.” Insofar as the Commission has not had the opportunity to review the current staff recommendations, I am writing in an individual capacity to support the current staff recommendations and proposed guidelines. The commitment to “document initial challenges experienced as a result of not being able to access government benefits, community services and resources and household outcomes achieved as a result of accessing benefits, services, and goods,” an effort to be undertaken collaboratively with the Human Services Division and the Office of Civic Wellbeing, appears particularly promising. Indeed, I hope that staff will share its findings and analyses not only with the Housing Commission but also with the Social Services Commission and other stakeholders, such as the Commission for the Senior Community. If successful, the effort could become a model for improving experiences and outcomes for a wide variety of vulnerable populations. In view of the national situation (sadly now echoing locally), I also would draw attention to a recommendation submitted jointly last November by Michael Soloff and myself that appropriate allowances be made for POD participants who may have reasonable concerns about making certain personal and/or family data available to the federal government as a condition of applying for specific benefits, to the extent that such concerns may arise. Thank you for continuing to develop the POD pilot program. Among other improvements, the new wraparound service provisions will make a substantial positive difference. Sincerely, Shawn Landres Chair, Social Services Commission Item 8-B 7/25/17 1 of 1 Item 8-B 7/25/17 Item 8-D 7/24/18 1 of 29 Item 8-D 7/24/18 Item 8-D 7/24/18 2 of 29 Item 8-D 7/24/18 Item 8-D 7/24/18 3 of 29 Item 8-D 7/24/18 Item 8-D 7/24/18 4 of 29 Item 8-D 7/24/18 Item 8-D 7/24/18 5 of 29 Item 8-D 7/24/18 I t e m 8 - D 7 / 2 4 / 1 8 6 o f 2 9 I t e m 8 - D 7 / 2 4 / 1 8 I t e m 8 - D 7 / 2 4 / 1 8 7 o f 2 9 I t e m 8 - D 7 / 2 4 / 1 8 1 Vernice Hankins From:PNA SM <pna90404@gmail.com> Sent:Monday, July 23, 2018 9:37 PM To:councilmtgitems; Clerk Mailbox Subject:Agenda Item:8:D,e. P.O.D Pilot Program Dear Mayor Ted Winterer and City Councilors Please Support Staffs Recommended and approve the funding for the Preserve Our Diversity Pilot program. The POD program can preserve Santa Monica's low income elderly residents tenancies and allow them to age in place, Thank you for your consideration. Yours Sincerely Cris McLeod Pico Neighborhood Association Chair. Item 8-D 7/24/18 8 of 29 Item 8-D 7/24/18 Peronal Individual Views Of Housing Commission Chair Michael E. Soloff HOUSING TRUST FUND PLAN FOR 2013-2021 HOUSING ELEMENT CYCLE (Item 8.D for July 24, 2018 City Council Meeting) I. SUMMARY OF DATA GATHERED AND CONCLUSIONS DRAWN 1. The Housing Trust Fund (“HTF”) planning process adopted by City Council in July of 2017 provides a mechanism for the City Council—after input from Staff, the public, and the Housing Commission—to set priorities for expenditure of scarce HTF funds during each Housing Element. That process begins with an initial HTF plan that is to be adopted at the beginning of each Housing Element. Each of the subsequent annual reports required by that planning process (1) allows tracking of the City’s progress toward its goals under the Housing Element, Proposition R, and the initial HTF plan, (2) provides an opportunity for the City Council—after input from Staff, the public, and the Housing Commission—to modify the initial plan and/or the AHPP program in light of new developments, and (3) provides transparency regarding the sources and uses of HTF funds. See Part II.A below. 2. The current Housing Element was adopted in December of 2013, and runs through 2021. Thus, the initial HTF plan for the current Housing Element must take account of what already has transpired during the first half of the Housing Element: a. Without doing anything more, Santa Monica is projected to produce (i.e., complete or issue building permits for) more than three times the number of market-rate units called for by the current Housing Element; See Part II.B.1 below. b. Without doing anything more, Santa Monica is projected to produce (i.e., complete or issue building permits for) more than the overall number of deed-restricted affordable housing units called for by the current Housing Element. However, the unit mix will deviate from the mix called for by the current Housing Element in that it will include many more extremely-low (30% AMI) and very-low income (50% AMI) units, but considerably fewer low- income (80% AMI) units. See Part II.B.2 below. Item 8-D 7/24/18 9 of 29 Item 8-D 7/24/18 c. Without doing anything more, Santa Monica is projected to fall short of Proposition R’s requirements by approximately 130 affordable housing units. Proposition R requires 30% of all new housing completed each year be affordable housing, with at least half of that 30% (i.e., at least 15% of all new housing) affordable to those earning 60% or less of the Los Angeles County median income. It is projected that more than 15% of the new housing that will be completed during the 2013-2021 Housing Element will be affordable to those earning 60% or less of the Los Angeles County median income, thus meeting one of Proposition R’s two requirements. But only 25% of the new housing overall will be some form of affordable housing, rather than the required 30%. See Part II.C below. 3. The initial HTF plan also must take into account existing and expected future revenues (see Part II.E below): a. As of May 2017, Staff reported that the HTF had ~$57 million in funds not yet committed to any particular affordable housing project or program.1 This includes a variety of one-time funds provided by City Council, prior tax increment “boomerang” funds provided by City Council, and initial GS/GSH funds; b. Staff projects that the HTF will receive an additional ~$8-$9 million annually in GS/GSH funds, and an additional ~$1.2 million annually in tax increment “boomerang” funds; c. Staff projects that the HTF will receive during the period from 2018-2022 an additional ~$49.3 million in one-time RDA loan repayments. These funds will bring the total amount of one-time RDA loan repayments committed by City Council to the HTF to ~$71.2 million. These one-time funds, together with the ~$1.2 million annually in “boomerang” funds that the City Council also has committed to the HTF, represents the City Council keeping faith 1 The Staff report for this Item states that $81 million is currently on hand in the HTF. Staff advises that this simply is an updated figure that includes receipt of the next tranche of GS/GSH monies discussed in paragraph 3.b, and part of the one-time RDA loan repayments discussed in paragraph 3.c. Item 8-D 7/24/18 10 of 29 Item 8-D 7/24/18 with the voters and matching from City funds the first nine or ten years of projected GS/GSH monies. d. The currently available funds, together with the projected future revenues outlined above, should be sufficient by themselves to sustain $16 million in annual Housing Trust Fund expenditures for at least the next fifteen years. 4. In light of the foregoing, the Housing Commission voted to recommend that the City Council include the following six elements in its initial HTF plan for the 2013-2021 Housing Element (every one of which will be subject to annual review and potential adjustment in accordance with the planning process adopted by City Council in July 2017): a. “Unless an unusually advantageous opportunity presents itself during a particular fiscal year, the City should enter into HTF spending commitments totaling no more than $15 million to $18 million during each fiscal year. This will help to assure that funds are available when unusually advantageous opportunities arise. Examples of unusually advantageous opportunities include, but are not limited to, (1) constructing affordable housing on City owned land, (2) constructing affordable housing in a manner that provides unusual and deep cost-savings, and (3) constructing affordable housing financed in a manner that provides an unusual and deep reduction in the HTF contribution required to complete the project.” This recommendation is for City Council to set a soft annual cap on new HTF commitments (roughly equal to the highest historical annual funding averages) that Staff should exceed only if particularly cost-effective or otherwise particularly advantageous opportunities are presented in any fiscal year. The first purpose of this recommendation is for City Council to direct Staff—and assure the public—that finding the most cost-effective projects is a priority. This is important because in 2015-2016 Staff approved two acquisition rehabilitation projects, each of which spent more than $500,000 of the limited HTF funds per unit (including one project expressly designed to put just a single individual in each unit). By contrast, it currently costs the HTF itself about half as much Item 8-D 7/24/18 11 of 29 Item 8-D 7/24/18 to create a new unit in a new construction tax credit project (an example of “constructing affordable housing financed in a manner that provides an unusual and deep reduction in the HTF contribution required to complete the project.”). See Part II.D below. The second purpose is for City Council to direct Staff that—absent unusually advantageous opportunities—it should not immediately spend all the money on-hand (given that doing so would potentially leave the HTF without resources when particularly cost-effective opportunities do come, such as the opportunity to build on public land, the opportunity to acquire land during a real estate recession, or the opportunity to do tax credit projects). This is important because the way City Council has matched GS/GSH so far is principally by depositing certain one-time RDA loan repayments into the Housing Trust Fund, thereby creating a bulge of funds up front. In addition, the Housing Commission—with the assistance of CCSM, Step Up, and Staff—has embarked on an effort to identify ways to reduce the cost of delivering new units. The Staff report on this Item at page 7 raises the following concern regarding this recommendation (emphasis added): The Initial Plan’s limitation on annual HTF spending of $15-$18 million could constrain opportunities to preserve and produce affordable housing at a juncture when a significant amount of funding is available . . . . Although the Initial Plan allows for exceeding the annual funding spending limitation if an “unusually advantageous opportunity presents itself”, the absence of criteria as to what qualifies for a departure from the proposed annual HTF spending limit could result in missed opportunities. The existing HTF Guidelines approved by Council establish per-apartment loan limits but have not previously established an annual limit on overall HTF spending of available funding. If Council wishes to ensure that all available funding for affordable housing is invested in a timely manner as opportunities arise, then restricting the use of available funding would be inconsistent with that goal. However, the Housing Commission recommendation does contain illustrative guidance: Examples of unusually advantageous opportunities include, but are not limited to, (1) constructing affordable housing on City owned land, (2) constructing affordable housing in a manner that provides unusual and deep cost-savings, and (3) constructing affordable housing financed in a manner that provides an unusual and deep reduction in the HTF contribution required to complete the project. Item 8-D 7/24/18 12 of 29 Item 8-D 7/24/18 The Housing Commission intentionally adopted this illustrative guidance approach to avoid overly constraining Staff and missing out on usually advantageous opportunities simply because of an inability to list all such opportunities in advance. The Housing Commission further anticipated that the annual HTF plan review process would provide an ongoing opportunity for Staff, the public, the Housing Commission and ultimately City Council to provide more refined guidance in light of actual experience. The Housing Commission did not accept, however, that the existing HTF per unit spending limits (which, for example, now exceed $600,000 for the acquisition / rehabilitation of a studio or one-bedroom apartment) constitutes adequate guidance to Staff regarding the cost-effective and wise expenditure of scarce HTF funds. City Council now must decide—subject to review in a year—whether the City’s goals and the public’s expectations for the expenditure of tens of millions of public dollars are best served by the existing approach of almost completely unfettered Staff discretion, the alternative approach recommended by the Housing Commission, or some other alternative approach (for example, calling the $15-$18 million a “target” rather than a “soft cap”, and/or making either subject to the same or different exceptions). b. “A priority goal of the Plan is to ramp up the Preserving Our Diversity (“POD”) local rent subsidy program to a range that requires a commitment of no more than $2 million per fiscal year in HTF funds. No actual expansion of the POD program will occur unless and until a detailed plan for doing so is proposed by City staff, vetted by the Housing Commission, and approved by the City Council. Any portion of the potential $2 million in annual HTF funding that is not actually used for the POD program in any particular fiscal year shall remain available for commitment in future fiscal years to other Plan priorities.” This recommendation is for City Council to set the scaling up of the Preserve Our Diversity (“POD”) program as a priority goal for achievement during the 2013-2021 Housing Element. Actual scaling up would occur only after a plan for doing so is created by Staff, vetted by the Housing Commission , and approved by City Council. This recommendation was the focus of Item 8-D 7/24/18 13 of 29 Item 8-D 7/24/18 all—or virtually all—of the division between the majority of Housing Commissioners and the dissenting Housing Commissioners. Between December 2015 and the present, the Housing Commission recommended, the City Council approved, and the City designed and launched a highly innovative rent subsidy pilot program to help our extremely low income seniors remain in their long-term rent controlled apartments with dignity. See Part II.G below. HUD estimates that more than 4,000 Santa Monica renter households are extremely low income—for example, seniors with no income other than basic social security—and pay more than 50% of their meagre incomes in rent. Another close to 2,000 Santa Monica renter households are very low income—just slightly better off but still, for example, individual seniors with about $20,000 a year in income—who likewise pay more than 50% of their meagre incomes in rent. See Part II.F below. The pilot program consists mostly of single person households surviving on less than $300 per month after rent for every other expense of life. Extrapolating from the average pilot program subsidy, the $2 million maximum annual budget recommended by a majority of the Housing Commission would allow the City to assist 345 senior households to remain in their long-term rent controlled homes with dignity. See Part II.G below. Of course, every dollar we spend on rent subsidy is one less dollar we have to spend on new affordable housing construction. And it is true that when the POD participants pass on or move on, there is no new unit to help a new household. But at current costs, for $2 million per year the City only can add fewer than four new affordable housing units at worst, and fewer than eight new affordable housing units at best. For me the better public policy choice is to help many, many more current Santa Monica seniors remain with dignity in their long-time homes for the rest of their lives—even at the cost of some less affordable units in the future. Indeed, I personally advocated for setting the maximum funding level at $6 million per year. Item 8-D 7/24/18 14 of 29 Item 8-D 7/24/18 The real answer is to create more resources for both rent subsidy and for new construction, as well as to find ways to lower the costs of each. The Housing Commission is committed to continuing to work to provide City Council with ideas to accomplish these goals. Two Commissioners disagreed with this recommendation, and therefore voted no. Commissioner Buchanan stated for the record: “My no vote is not because I do not think that the POD program is a priority goal overall, but I do not think that it is a program that should be funded by the Housing Trust Fund and so that’s the reason for my no vote.” Vice-Chair Hilton stated for the record: “The Housing Commission should continue to review the Preserving Our Diversity (POD) pilot rental subsidy program, approve a program expansion from 22 to 60-66 participants with associated costs not to exceed $500,000 annually, that POD’s total budget and cost effectiveness be evaluated each year in a public report, and that any POD budget increase should consider the financial impact on our Trust Fund and our production requirement successes.” Vice-Chair Hilton also stated for the record at a prior meeting: “Preserving Our Diversity (POD) is an ongoing budget; $2 Million a year in the first year and in successive years is excessive and poses challenges to our Trust Fund's health and the Trust Fund's contribution to production.” Vice-Chair Hilton further amplified his views in a July 18, 2018 letter to City Council. In that letter he suggests that as early as 2022 the annual funds available for affordable housing will be only $9-$11 million, and he expresses concern about spending $2 million of that limited sum on the POD program. However, Vice Chair Hilton is assuming that Staff will spend all of the $140 million that will be available in the HTF from now through 2021 in just those three years. If one assumes instead that Staff spends at a rate of $16 million per year (the amount available prior to the dissolution of redevelopment during the Great Recession), existing and projected resources can sustain spending at that rate through at least 2032. And if the City Council continues to keep faith with the voters and continues to match the GS/GSH monies with other City monies, the City can continue to spend at least $16 million per year thereafter. See Part II.E below. Item 8-D 7/24/18 15 of 29 Item 8-D 7/24/18 The Staff report for this Item at page 8 states: Expanding the POD pilot program from the current budget of $300,000 ($200,000 for cash assistance and $100,000 for administration), which serves 22 households, to the proposed annual (assistance) budget of $2 million would represent a ten- fold increase in the size of the program. Staff has concerns that this commitment may be premature despite the initially promising results of the test. The POD program is a 14-month pilot which began in November 2017 and an assessment of its effectiveness will not be completed until late 2018. The assessment will measure housing stability, impact on and increases in entitlement benefits, access to local services, and wellbeing. Additionally, because the effect of the POD program on participants’ federal, state, and county entitlement benefits is not yet fully settled with the relevant governmental agencies, program expansion without such resolution could create challenges for future participants. Pursuant to the Housing Commission’s recommendation, prior to implementing any expansion of the current pilot program, staff would prepare more detailed administrative guidelines, estimate the administrative resources (eligibility qualification, program administration, social service agency support, etc.) required to achieve any expansion, and return to the Housing Commission and Council for direction. An alternative to the recommendation would be to consider “expanding the pilot as results warrant to as much as $2 million per year.” The Housing Commission’s recommendation is simply that City Council set as a priority goal the expansion of the POD program to a range that requires the expenditure of no more than $2 million of HTF funds per fiscal year. While there may still be lessons to be learned about how best to structure an expanded program, completion of the pilot program is not necessary to determine that expansion is a priority goal. It does not take completion of the pilot program to know that it will greatly benefit severely a severely rent-burdened senior to go from less than $300 per month in after rent income to cover every other expense of life to the over $700 per month that the UCLA School of Public Health says is required to meet the basic needs of such a senior living on the Westside of Los Angeles. As the Staff report acknowledges, the Housing Commission recommendation already states that the expansion will not take place until a specific plan for that expansion is developed, vetted and approved by City Council. But given the HUD data regarding the more than six thousand very low and extremely low income Santa Monica renter households paying more than 50% of their meagre incomes in rent, it is important for City Council to send a strong signal that expansion of the POD program is a priority. See Part II.F. Finally, some representatives of the landlord community dispute whether there is any need for the POD program. In particular, they assert such a program is unnecessary because purportedly Item 8-D 7/24/18 16 of 29 Item 8-D 7/24/18 few if any Santa Monica renters lost their homes in 2017 because they did not pay the rent. But even if the asserted factual premise turns out to be true 2, it would not change the need for the POD program. Every affordable housing program—from the City’s inclusionary housing program, to the City’s housing trust fund guidelines, to the federal and state tax credit programs, to the federal Section 8 program—seeks not only to provide a place for low income persons to live, but also seeks to set the rent levels at sufficiently low levels that the benefited households can afford the other necessities of life. No one can seriously dispute that the POD pilot program participants (whose other assets, if any, were considered when determining their eligibility just as they are in other affordable housing programs) had rents that did not permit them to afford the other necessities of life. And if just one out of every twenty (5%) of the more than six thousand severely rent burdened and extremely low or very low income Santa Monica renter households is similarly situated, that alone would justify expansion of the POD program to $2 million per year. c. “A priority goal of the Plan is to provide permanent housing in Santa Monica for those among the population of homeless persons that the City Council determines the City should take responsibility to permanently house in the City. This should include “Santa Monicans” who are homeless. Subject to further refinement, this group is deemed to include those persons on the Santa Monica Homeless Registry as of the date the Plan is adopted who are not already in permanent housing. The City should look to leverage as much as possible federal funds, State funds, County funds, other City funds, or private funds, to accomplish this goal.” The City should take responsibility for housing in Santa Monica some portion of the homeless population currently in Santa Monica. City Council ultimately should determine who falls within this group, and what type of permanent housing is appropriate and cost-effective. At this point the Housing Commission recommends that City Council direct Staff that a priority goal of the HTF plan for the 2013-2021 Housing Element cycle is to permanently house 2 The representatives of the landlord community purport to support this assertion based on the claimed number of Santa Monica evictions for non-payment of rent. But not everyone forced out of their homes by excessive rents leaves after (as opposed to before) a completed eviction action. Item 8-D 7/24/18 17 of 29 Item 8-D 7/24/18 homeless “Santa Monicans”, leveraging as much as possible federal funds, State funds, County funds, other City funds and private funds. Such leveraging is particularly appropriate because both the County and the City actually will save money in other areas (healthcare costs, law enforcement and criminal justice costs) by moving chronically homeless individuals into permanent supportive housing. But the HTF also should play a part in solving this issue. Subject to further refinement by City Council, the Housing Commission recommends that City Council initially deem the individuals currently on the City’s service registry who are not permanently housed already as such homeless “Santa Monicans”. Staff advises that this includes 51 individuals living in temporary housing and 44 individuals known to be unsheltered. It may also include an additional 44 individuals whose status is unknown because the City has not had contact with them in the last six months. See Part II.H below. Subsequent to the Housing Commission’s deliberations, Santa Monicans for Renters’ Rights recommended that homeless “Santa Monicans” include all homeless families with children living in Santa Monica, and all homeless persons who work in Santa Monica. In my personal capacity I now support this SMRR recommendation, particularly given the social science research demonstrating that low income children obtain life-long benefits when they are raised in communities like Santa Monica with excellent schools, services, and job opportunities. d. “The remainder of the HTF funds spent each fiscal year should be used to create new affordable housing units for seniors, for physically and mentally challenged persons, for large families, and for small families (including individuals). Unless one or more unusually advantageous opportunities dictate a different result, a goal of the Plan is to provide roughly equal HTF funding support for affordable housing targeted to each of these four populations over the life of the Plan. The equal funding support determination shall take into account HTF funding committed during the entire lifetime of the 2013-2021 Housing Element, even if it occurred prior to the adoption of the Plan. The equal funding support determination also shall take into account HTF funding committed to the POD program (which is for senior housing) and to permanently housing Santa Monicans who are homeless (who may be members of any of the four populations).” Item 8-D 7/24/18 18 of 29 Item 8-D 7/24/18 The draft of the initial HTF plan provided by Staff to the Housing Commission identified the four target populations discussed in this recommendation. Recognizing that the need for affordable housing for each target population identified exceeds the City’s HTF resources, the Housing Commission recommended that City Council direct Staff to adopt a roughly equal prioritization over the course of the entire 2013-2021 Housing Element cycle. However, as with the soft annual cap on entering into new spending commitments, the Housing Commission recommended that this direction be subject to exception when a different result is dictated by unusually advantageous opportunities. Subsequent to the Housing Commission’s deliberations, Santa Monicans for Renters’ Rights recommended instead that half of the HTF funds go to housing for families with children, with the remaining half available for affordable housing for either seniors, for persons with mental or physical challenges, or live-work space for artists (primarily on the ground floor). In my personal capacity I now support this SMRR recommendation, particularly given the social science research demonstrating that low income children obtain life-long benefits when they are raised in communities like Santa Monica with excellent schools, services, and job opportunities. e. “The City’s existing affordable housing programs generally provide the highest preference to persons displaced without fault from their existing homes in Santa Monica, and provide the next highest preference to persons who either already live in Santa Monica or who work full-time in Santa Monica. The two goals of the Plan identified in paragraphs #2 and #3 above, however, only serve persons who already live in Santa Monica. The City recognizes that the daily efforts of low income workers are particularly critical to the businesses (including hotels, restaurants, and retail stores) that generate the sales and use taxes supporting the HTF through Measures GS and GSH, as well as the sales and use taxes and transit occupancy taxes that fund a substantial portion of the City’s budget. City staff therefore is directed to develop, in consultation with the Housing Commission, a proposal to increase—to the extent it is necessary and feasible to do so in order to maintain an overall equal preference for affordable housing opportunities in the City—the preference in other HTF funded projects for low-income Santa Monica workers.” Item 8-D 7/24/18 19 of 29 Item 8-D 7/24/18 This recommendation speaks for itself. All Santa Monicans benefit greatly from the daily efforts of low income workers that are particularly critical to the businesses (including hotels, restaurants, and retail stores) that generate the sales and use taxes supporting the HTF through Measures GS and GSH, as well as the sales and use taxes and transit occupancy taxes that fund a substantial portion of the City’s budget. The Housing Commission recommends that City Council acknowledge these workers in the initial HTF plan, and direct Staff and the Housing Commission to take any necessary and feasible steps to assure they too continue to have an equal preference to and continue to benefit from the City’s affordable housing programs as financed through the HTF. f. “City staff is directed to develop as soon as possible, in consultation with the Planning and Housing Commissions, a proposal to adjust the AHPP program that applies outside of the Downtown Community Plan. The proposal shall be based on a feasibility study, and shall take into account past and projected future production of housing through inclusionary zoning and HTF funded projects, as well as the quantified objectives in the Housing Element and the requirements of Proposition R.” While it is projected that the City will meet or exceed all of its other housing production goals during the 2013-2021 Housing Element cycle, it is projected that only 25% of all new housing completed during that time period will be affordable housing, rather than 30% as mandated by Proposition R. While the lack of an HTF funding source for the first half of that time period undoubtedly played a role, so too did the over-incentivization in the Affordable Housing Production Program for developers to choose to provide a very small number of extremely low income units in complete satisfaction of their inclusionary housing obligations. The City Council remedied this issue in the Downtown Community Plan in July of 2017 based on the HRA feasibility analysis. The Housing Commission previously has recommended that a review take place of the AHPP outside the DCP, and the Housing Commission now recommends that the City Council put into the initial HTF plan a direction to Staff to do so as soon as possible. This is appropriate because one of the express purposes of the HTF planning process, as stated in the HTF guidelines adopted by City Council in July 2017, is “to help assure . . . (2) Item 8-D 7/24/18 20 of 29 Item 8-D 7/24/18 compliance with Prop R’s requirement that 30% of annual new housing production meet certain affordability targets,” II. SUPPORTING MATERIALS AND DATA A. The HTF Planning Process And Its Intended Purposes In 2017, the Housing Commission recommended to City Council that it amend the HTF guidelines to include a planning process. The Housing Commission supported this recommendation in its report to the City Council as follows: While the Housing Element establishes certain overall quantified objectives for affordable housing production, it does not establish clear guidance as to proper uses of City affordable housing funding resources. The Housing Element is at a very high level both as to the nature of the units to be produced, and as to the mechanisms to assure their production. No objectives are established as to the size of the units to be produced, the nature of the units (e.g., family, supportive, senior), or their locations within the City. Moreover, no particular mechanism is provided for tracking progress toward even these high-level goals, and for adjusting City policies (both in terms of inclusionary units and expenditures of City resources) as necessary to achieve these goals. Finally, there is no formal mechanism for the public and the City Council to weigh in on spending priorities on an ongoing basis . Therefore, to help assure (1) compliance with the affordable housing production goals set forth in the approved Housing Element, (2) compliance with Prop R’s requirement that 30% of annual new housing production meet certain affordability targets, (3) maximization of the return on scarce Housing Trust Fund monies, and (4) robust opportunities for input on spending priorities by the City Council, Housing Commission, and the public, the Housing Commission recommends the inclusion within the Housing Trust Fund Guidelines of the following planning and reporting process . . . . In accordance with the recommendation of the Housing Commission, the City Council in July of 2017 adopted the proposed HTF planning process as follows: Annual Reporting by the Housing Division The City Manager shall prepare an initial proposed plan, called Housing Trust Funds Plan (“Plan”), for affordable housing development in the City for the remaining period covered by the current Housing Element (i.e., through 2021). The Plan shall be made available online and the Housing Division shall conduct a 45-day public comment period. A public meeting hosted by the Housing Commission shall be held by the Housing Division between the 30th and 45th day of the public comment period. Once the public comment period is completed, the Plan with any public comments Item 8-D 7/24/18 21 of 29 Item 8-D 7/24/18 shall be submitted to the Housing Commission for review and recommendation to the City Council for review and its approval. A Housing Trust Funds Plan shall be prepared and adopted for each Housing Element cycle. Thereafter, on an annual basis, the Housing Division shall prepare a report to the Housing Commission for its review and recommendation for City Council approval. The annual report shall include details on the following items: (1) The source and amounts of funding for each Housing Trust Fund received during the prior year; (2) The amount and uses of funds, including the amount and source of funding commitments issued, from each Housing Trust Fund during the prior year; (3) The quantity and type of affordable housing made available for occupancy during the prior year; (4) The quantity and type of housing which exceeded or fell below the annual production mandate of Proposition R during the prior year; (5) Cumulative figures of source/amount of Housing Trust Funds, quantity/type of affordable housing made available, and exceeded/missed Proposition R requirement, covering the Housing Element period, as well as comparison with the Quantified Objectives set forth in the Housing Element; and (6) A comparison of the actual cumulative affordable housing production covering the period of the adopted Housing Trust Funds Plan with the goals set forth in that plan. Once approved by City Council, both reports shall be posted on the Housing Division’s website. B. Progress To Date Toward Meeting The Quantified Objectives Of The Current Housing Element And Toward Satisfying SB35 Requirements 1. Progress Toward Meeting The Current Housing Element’s Quantified Objectives The State-approved Housing Element contains “Quantified Objectives”. Staff advises that (1) a unit counts toward satisfying the Quantified Objective once a building permit is issued, and (2) at present, all of the units on the chart below are projected to obtain building permits within the current Housing Element period: Item 8-D 7/24/18 22 of 29 Item 8-D 7/24/18 Staff also advises that there are 47 additional units in the two new construction projects that recently obtained HTF loans. These 47 additional units include 4 Extremely Low Income units, 32 Very Low Income units, and 11 Low Income units. A representative of CCSM—the non- profit developer for these two projects—believes these projects likely will be completed by the end of the current Housing Element. Staff further advises that there are additional projects on Lincoln Boulevard that are converting to development review permits, and a project on 5th Street that is seeking administrative approval, that also are projected at present to obtain building permits during the current Housing Element. Staff did not provide data regarding the number and affordability mix of units in these projects. The foregoing data supports the following conclusions: 1. Without doing anything more, Santa Monica should produce during this Housing Element more than three times its Quantified Objective for market rate units; 2. Without doing anything more, Santa Monica should produce during this Housing Element more than its overall Quantified Objective for deed-restricted affordable housing units. However, the unit mix will deviate from the Quantified Objectives in that it will include many more extremely-low and very-low income units than called for in the Housing Element, but considerably fewer low income units. 2. Progress Toward Meeting SB 35 Requirements SB 35 provides for tracking by the State of California of progress by each local jurisdiction toward the Quantified Objectives in its Housing Element. Failure to attain sufficient progress toward market rate housing triggers streamlining of projects that meet the higher of 10% affordable housing or whatever is required by local inclusionary housing law. Failure to attain sufficient progress toward both low and very low income housing (which subsumes extremely Item 8-D 7/24/18 23 of 29 Item 8-D 7/24/18 low housing as well) also triggers streamlining for projects that have 50% affordable housing units. Streamlining consists of administrative approval and no parking requirements. Santa Monica is one of only 12 local jurisdictions in California that are not subject to any SB 35 streamlining. Staff advises that they do not anticipate that Santa Monica will face any SB 35 streamlining during this Housing Element. C. Progress To Date Toward Meeting Proposition R Proposition R, adopted by Santa Monica voters, amended the City Charter to require that the City Council act to ensure that at least 30% of all new housing constructed each year be affordable to and permanently occupied by persons earning 100% or less of the Los Angeles County median income, and that at least half of that that 30% (i.e., 15% of all new housing) be affordable to and permanently occupied by persons earning 60% or less. A unit is counted under Proposition R when construction is complete (not when a building permit is issued). Staff advises that the following chart reflects the status of compliance with Proposition R during the current Housing Element through FY 2016/2017: Staff further has advised that (1) all of the units that are “in construction” per Table 4 above should be completed by the end of this Housing Element, and (2) the current best estimate is that the following units identified as “approved” per Table 4 above likely will completed in by the end of this Housing Element: 43 Extremely Low-Income 39 Very Low-Income 11 Low-Income 26 Moderate-Income 804 Above Moderate (Market) 923 Total Table 5 Proposition R Tracking Multifamily Housing Production Low/Mod-Income Year FY 2013/2014 FY 2014/2015 FY 2015/2016 FY 2016/2017 % Affordable 56% 19% 21% 13% Total: Housing Surplus/Deficit ( ) 118 (17) (16) (18) 67 Item 8-D 7/24/18 24 of 29 Item 8-D 7/24/18 And, as noted above, a representative of CCSM believes that the two new construction projects recently approved for HTF loans likely will be completed by the end of the current Housing Element, thereby yielding an additional 4 Extremely Low Income units, 32 Very Low Income units, and 11 Low Income units. Combining all of this data, it appears that if nothing more is done, Santa Monica will fall 132 affordable units below the 30% affordable housing mandate of Proposition R on an aggregate basis during the current Housing Element. This means only 25% of all new housing completed during the 2013-2021 Housing Element will be some form of affordable housing, rather than the required 30%. However, more than 15% of the new housing completed will be affordable to those earning 60% or less of the Los Angeles County median income, thereby satisfying one of the two requirements of Proposition R. D. Projects With HTF Funding Commitments Staff advises the following: 1. The first project to which the HTF committed funds during the 2013-2021 Housing Element cycle was an acquisition / rehabilitation project. The commitment was entered into in June 2015. The cost to the HTF was $550,000 per unit, and $305,556 per bedroom. 2. The next project to which the HTF committed funds during the 2013-2021 Housing Element cycle was the following project (with the commitment issued in 2016): 3. After the City Council adopted new Housing Trust Fund guidelines in July 2017, and prior to the Housing Commission deliberations on the initial HTF plan, the HTF has approved loans for three additional projects as follows: Item 8-D 7/24/18 25 of 29 Item 8-D 7/24/18 E. Funds Available In The Redevelopment Replacement Housing Trust Fund Staff advises the following: 1. As of the Housing Commissions deliberations in May of 2018, the HTF had approximately $57 million that is not currently committed to approved projects. This includes the following one-time RDA loan repayments already received by the City: 3. The following additional one-time RDA loan repayments were anticipated at the time of the Housing Commission deliberations (and the first of these has now been received): 4. Staff estimates that Measures GS/GSH will provide $8-$9 million per fiscal year on a going forward basis. Item 8-D 7/24/18 26 of 29 Item 8-D 7/24/18 5. Staff estimates that boomerang funds will provide $1.2 million per fiscal year on a going forward basis. This data supports the following conclusions: 1. By either providing to date or committing ~$71.2 million in expected one-time RDA loan repayments and ~$1.2 million annually in “boomerang” funds, the City Council has matched from City funds the first nine or ten years of projected GS/GSH monies. 2. The currently available funds, together with the projected future revenues outlined above, should be sufficient by themselves to sustain $16 million in annual Housing Trust Fund expenditures for at least the next fifteen years. Fiscal Yr. Initial Bal. RDA Ln. Repay. GSH/Boomerang End Bal. (-$16 mil.) 2018-19 $57 million $15.7 million $9.2 million (min.) $65.9 million 2019-20 $65.9 million $10.7 million $9.2 million (min.) $69.8 million 2020-21 $69.8 million $14.3 million $9.2 million (min.) $77.3 million 2021-22 $77.3 million $8.7 million $9.2 million (min.) $79.2 million 2022-23 $79.2 million $0 $9.2 million (min.) $72.4 million 2023-24 $72.4 million $0 $9.2 million (min.) $65.6 million 2024-25 $65.6 million $0 $9.2 million (min.) $58.8 million 2025-26 $58.8 million $0 $9.2 million (min.) $52.0 million 2026-27 $52.0 million $0 $9.2 million (min.) $45.2 million 2027-28 $45.2 million $0 $9.2 million (min.) $38.4 million 2028-29 $38.4 million $0 $9.2 million (min.) $31.6 million 2029-30 $31.6 million $0 $9.2 million (min.) $24.8 million 2030-31 $24.8 million $0 $9.2 million (min.) $18.0 million 2031-32 $18.0 million $0 $9.2 million (min.) $11.2 million 2032-33 $11.2 million $0 $9.2 million (min.) $5.4 million F. HUD Data Regarding Severely Rent Burdened Santa Monica Renter Households Staff advises that the following is the most recent available HUD data regarding the estimated number of severely rent burdened Santa Monica renter households: Item 8-D 7/24/18 27 of 29 Item 8-D 7/24/18 G. The Preserve Our Diversity (“POD”) Pilot Program Staff advises: 1. The following criteria were applied to participants in the POD pilot program: Threshold Eligibility Criteria for the POD pilot (household must meet all criteria below): 1. Household submitted a complete Renter Needs Survey by July 18, 2016; 2. Household participated in follow-up interviews; 3. Head of household is a senior aged 62 or older; 4. Household has occupied current Santa Monica rent-controlled apartment since before January 1, 2000; 5. Household’s apartment must not be deed-restricted affordable housing of any kind, including: � Properties purchased, rehabilitated, or constructed with City funding; � Apartments subject to the Affordable Housing Production Program; � Federally assisted properties; and � Los Angeles County-assisted or owned affordable housing properties. 6. Renter Needs Survey initially indicated that the household income was equal to or less than 30 percent of area median income (Extremely low income) and household final income verification confirms it is no more than 50 percent area median income (Low Income); 7. Household is not currently participating in, or previously terminated from, any Santa Monica Housing Authority rent-subsidy programs; 8. No household members convicted of violent crime which occurred within the last 5 years, or who are registered sex offenders; and 9. Household income documentation indicates that the household is in need of the Item 8-D 7/24/18 28 of 29 Item 8-D 7/24/18 subsidy (i.e. earning less than the approved Basic Needs Budget), pursuant to the income and asset determinations and verifications outlined in Section III of the Guidelines, including but not limited to: � Earned and unearned income for all household members from all sources, such as employment, cash-equivalent government benefits, and family support; and � Imputed income for assets calculated at a rate of 10 percent annually (the formula for the City’s Affordable Housing Production Program). 3. The following data describes the average after rent income, the POD subsidy, and the basic needs budget for the 22 POD pilot program senior renter households: H. Santa Monica Homeless Services Registry Staff advises: Item 8-D 7/24/18 29 of 29 Item 8-D 7/24/18