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HomeMy WebLinkAbout3 - CDA AFFORDABLE HOUSING DEV REQUEST FOR COUNCIL/ HOUSING AUTHORITY ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 20, 2017 TITLE : APPROVED As Recommended As Amended DISCUSSION ON AFFORDABLE HOUSING st Ordinance on 1 Reading DEVELOPMENT PROJECTS, APPROVAL nd Ordinance on 2 Reading OF CITY FINANCIAL ASSISTANCE, AND Implementing Resolution Set Public Hearing For__________ APPROVAL OF APPROPRIATION ADJUSTMENT {STRATEGIC PLAN NO. 5, 3C} CONTINUED TO FILE NUMBER CITY MANAGER EXECUTIVE DIRECTOR OPTIONS FOR CITY COUNCIL CONSIDERATION As recommended by the Ad Hoc Committee, discuss the various Affordable Housing Development projects requesting City financial assistance and seek City Council direction on the allocation of current and available affordable housing development funds. Following are options for City Council discussion and consideration: A) Santa Ana Arts Collective, Meta Housing Corporation: Option #1: Amend the project’s original award by an additional amount up to $2.9 million per Keyser Marston Associates gap analysis report. Option #2: Amend the project’s original award by an additional amount up to $1,481,215, per CSG Advisors gap analysis report. City financial assistance to be negotiated by CSG Advisors and Meta Housing. Option #3: Take no additional action to fund the project at this time. B) First Street Apartments, AMCAL Multi-Housing: Option #1: Award of affordable housing development funds for an amount up to $8,522,740, per CSG Advisors gap analysis report. Option #2: Award of affordable housing development funds for an amount up to $8,795,000, per Keyser Marston Associates gap analysis report. Option #3: Take no additional action to fund the project at this time. Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 2 C) Aqua Housing, Community Development Partners: Option #1: Amend the original project award with an additional 31 project-based vouchers. Option #2: Take no additional action to fund the project at this time. D) Tiny Tim Plaza, Community Development Partners: Option #1: Commit to a future award of affordable housing funds for an amount of $6 million up to $11.7 million per CSG Advisors gap analysis report. Award of funds to follow the approval of the project by the Planning Commission and City Council pending the availability of funds. Option #2: Take no action to fund the project at this time. JOINT RECOMMENDED ACTIONS: 1. Staff recommends the approval of option A1, option B1, option C1, and option D1. 2. Direct staff to develop a policy and criteria for the allocation of future affordable housing development funds. 3. Approve a conditional pre-loan commitment, pending the approval of the Site Plan Review by the Planning Commission and City Council for the Tiny Tim Plaza project, as follow: Housing City Council - Development Project Successor Inclusionary Agency Funds Housing Funds Tiny Tim Plaza $4,700,000 $1,300,000 CITY COUNCIL ACTIONS: 1. Staff recommends the approval of the following actions regarding loan documents and commitment letters: a. Direct staff to amend the Inclusionary Housing loan agreement for the Santa Ana Arts Collective project for an additional amount not to exceed $2,900,000 in Inclusionary Housing funds and provide for City Council consideration at the July 5, 2017 meeting. 2. Approve an appropriation adjustment. (Requires five affirmative votes). Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 3 APPROPRIATION ADJUSTMENT NO. 2017-148 - Recognizing the Inclusionary Housing Fund balance in the amount of $4,200,000 in revenue account (no. 41718002-50001) and appropriating same to the Inclusionary Housing Fund’s Loans and Grants expenditure account no. (41718820-69152) for the Santa Ana Arts Collective project and conditional pre-loan commitment for the Tiny Tim Plaza project. HOUSING AUTHORITY ACTIONS: 1. Staff recommends the approval of the following actions regarding loan documents and commitment letters: a. Approve a pre-loan commitment in an amount not to exceed $8,522,740 for the First Street Apartments project. b. Approve an award of 31 additional project based vouchers to Community Development Partners with Mercy Housing Living Centers as the service provider for the Aqua Housing project and authorize the Executive Director of the Housing Authority to execute an amendment to the Agreement to Enter into a Project-Based Vouchers Housing Assistance Payments contract for an additional 31 vouchers for the Aqua Housing project. 3. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2017-149 - Recognizing the Housing Successor Agency’s fund balance in the amount of $8,633,785 in revenue account no. (60718002-50001) and appropriating same to the Low and Moderate Income Housing Asset Fund’s Loans and Grants expenditure account no. (60718830-69152) for the First Street Apartments project’s pre-loan commitment and conditional pre-loan commitment for the Tiny Tim Plaza project. DISCUSSION On February 21, 2017, City Council established an Ad Hoc Committee to provide recommendations on how to move forward on affordable housing development projects in the queue and to return to the City Council with options for consideration. The Ad Hoc Committee met on February 28, and requested that staff seek the assistance of CSG Advisors, an independent affordable housing development finance firm, to prepare:  A second opinion financial gap analysis for the Santa Ana Arts Collective and First Street Apartments projects to compare to the previously completed financial gap analysis reports prepared by Keyser Marston Associates (KMA), and Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 4  Financial gap analysis reports on Aqua Housing and Tiny Tim Plaza affordable housing development projects seeking City financial assistance. On May 17, 2017, the Ad Hoc Committee met and recommended staff bring the four projects to City Council for discussion and seek direction based on the results of the financial gap analysis. In addition, the Ad Hoc Committee requested that staff provide the currently available affordable housing development funds (Exhibit 1), estimate of potential future funding, restrictions and uses of those funds (Exhibit 2), and development schedule for each project (Exhibit 3). Following is the description, history and status of each of the four projects seeking City financial assistance: Santa Ana Arts Collective, Meta Housing Corporation: 1666 North Main Street The Santa Ana Arts Collective is an artist focused affordable housing development project that consists of a 57-unit adaptive reuse project to convert an existing five-story office building to residential units and ground-floor commercial and community space. The unit mix consists of 26 one bedroom units, 14 two bedroom units and 17 three bedroom units for 30%, 50% and 60% of the Area Median Income (AMI). This project applied to the City for financial assistance through a competitive Request for Proposals (RFP) process on August 21, 2015. On November 3, 2015, the City Council awarded $4,635,000 in funding for the project from its Community Development Block Grant (CDBG $500,000), Inclusionary Housing Funds ($1.875 million), and a pre-commitment of HOME Investment Partnerships Program funds ($2.26 million). As conditioned in the City’s approval, the developer Meta Housing Corporation (Meta Housing) then gathered the balance of awards projected to fully finance the project. In October 2016, the project was awarded Affordable Housing and Sustainable Communities (AHSC) funds by the California Department of Housing and Community Development (CA HCD). In November 2016, Meta Housing was competitively awarded 9% Low Income Housing Tax Credits (LIHTC). Under normal circumstances a LIHTC allocation is the final piece of financing needed for a project to move forward. However, since the November 2016 presidential elections, anticipated federal tax reform has upended LIHTC equity markets and resulted in a financial gap that, absent additional funds, renders the project infeasible. On December 14, 2016, Meta Housing submitted a request for an additional $3.1 in City funds due to the financial gap created by lower tax credit equity pricing and rising interest rates. The request was submitted to KMA for review. In December of 2016, City staff informed Meta Housing of other alternatives such as a hybrid 9 percent/4 percent tax credit structure proposed by the California Tax Credit Allocation Committee. Meta Housing applied and was unsuccessful in securing the hybrid tax credits. On March 1, 2017, KMA completed a financial gap analysis and determined $2,900,000 as the financial gap for the project if the City required the Developer to defer or forgo $600,000 of the developer fee included in the Project’s budget (Exhibit 4). Later as requested by the Ad Hoc Committee, CSG Advisors completed a second opinion financial gap analysis on May 9 and determined $1,481,215 as the financial gap for the project if the City required Meta Housing to contribute a portion of its Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 5 developer fee to the partnership in the form of a $1 million General Partner Capital Contribution (Exhibit 5). The developer fee would need to be negotiated. Meta Housing has informed city staff that $1.4M in financial assistance would limit their ability to complete the project. Meta must pull their first building permit for the project by July 28, 2017 or they will lose their 9% LIHTC award. First Street Apartments, AMCAL Multi-Housing: 1440 East First Street The First Street Apartments project will provide 69 units of affordable workforce housing. The rental units (less one manager’s unit) are 100% affordable to family households earning between 30% and 60% of the AMI. The unit mix currently consists of six four-bedroom units, 28 three- bedroom units and 35 two-bedroom units (one being a manager’s unit). This project initially applied to the City for financial assistance through a competitive RFP process for project based vouchers (PBVs) and was awarded eight PBVs by the Housing Authority on May 5, 2015. On February 2, 2016, the City Council approved the Planning Commission’s recommendation to direct Heritage Village OC LLC (Heritage Village) inclusionary housing funds to AMCAL and also directed the City Manager to lead discussions on the project. On April 15, 2016, KMA completed a financial gap analysis and determined $8,795,000 as the City’s financial assistance (Exhibit 6). On December 20, 2016, the City Council authorized the City Manager to execute a conditional loan commitment letter with AMCAL for $2,600,000 of inclusionary housing in-lieu fees contingent on the City’s receipt of an in-lieu fee payment of $2,600,000 from Heritage Village. In addition, the Housing Authority also authorized the drafting of loan agreements in an amount not to exceed $6,195,000 for a total of $8,795,000 pre-committed for the project. On February 21, 2017, staff agendized the City conditional loan and Housing loan agreements for City Council consideration. The City Council tabled the agreements and requested that an Ad Hoc Committee review the project as well as other projects in the queue. As requested by the Ad Hoc Committee, CSG Advisors completed a second opinion financial gap analysis on May 12, 2017, and determined $8,522,740 as the financial gap for the project (Exhibit 7). On May 16, 2017, AMCAL submitted a letter informing the City that Heritage Village will not be making the initial payment of $2.6M in In-lieu fees in time for the June 28 tax credit application deadline. The delay in payment was also confirmed by a representative from Heritage Village. As such, AMCAL requests that the City bridge the $2.6M of in-lieu fees with currently available City affordable housing development funds in order to meet the tax credit application deadline. The developer is preparing to apply for 9 percent competitive tax credits on June 28, 2017. th Aqua Housing, Community Development Partners: 317 East 17 Street The Aqua Housing project consists of a 57-unit new construction permanent supportive housing development, for chronically homeless individuals with wrap-around supportive services provided on-site by Mercy Housing Living Centers. The unit mix currently consists of 12 studio units and 45 one-bedroom units for 30% and 60% of the AMI, including a single one-bedroom property manager’s unit. Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 6 This project applied to the City for financial assistance through a competitive RFP process for 56 project based vouchers (PBVs) on January 31, 2017. On April 4, 2017, the Housing Authority awarded 25 project-based vouchers to the project. However, the project will need an additional 31 PBVs to be feasible and for the developer to apply for the June 28th 9 percent tax credit deadline. Planning staff have been reviewing the project since the approval of the initial 25 PBVs and the City has invested resources in the required NEPA environmental review. On May 22, the Planning Commission approved the entitlements for the project. The developer is preparing to apply for 9 percent competitive tax credits on June 28, 2017. As requested by the Ad Hoc Committee, CSG Advisors is conducting a financial gap analysis for affordable housing development funds in the event that the additional 31 PBVs are not awarded. Tiny Tim Plaza, Community Development Partners: 2223 West 5th Street The Tiny Tim Plaza project consists of a 51-unit new construction affordable housing development targeting low-income families making 30%-60% AMI, including 5 units targeting at- risk homeless families. This development was identified as one of the projects in the queue and as such, on February 28, 2017, the Ad Hoc Committee requested a financial gap analysis be conducted to determine the financial assistance for the project. On May 18, 2017, the developer, Community Development Partners, requested that the City commit affordable housing funds during the month of June as the commitment will provide for a favorable outcome in the acquisition of land and closing of escrow tentatively scheduled for July. The developer is requesting $6 million in City financial assistance for the project. On May 24, as requested by the Ad Hoc Committee, CSG Advisors completed the financial gap analysis and determined $11.7 million as the financial gap for the project (Exhibit 8) if the developer does not receive new market tax credits, Section 8 vouchers, or other State funding. The project will apply for 4 percent non-competitive tax credits in October 2017. Currently, the project is in planning development review and anticipated to be reviewed by the Planning Commission on September 11, 2017. Planning staff estimates that the project will be agendized for City Council consideration on October 3, 2017. Additional Ad Hoc Committee Recommendations: The Ad Hoc Committee recommended that the City Council direct staff to develop a policy and criteria for the allocation of future affordable housing development funds. It is anticipated that future federal funding for affordable housing may decrease requiring the City to prioritize projects for funding. The selection criteria would include elements such as; 1) affordability, 2) number of units, 3) operating costs to tenants, and 4) gap analysis. Upon the direction of the City Council, staff will conduct research and prepare options and recommendations for City Council consideration at a later date. Regarding the availability of affordable housing development funds, the Ad Hoc recommended that staff provide the City Council with the current available funds on hand and to estimate future funding. As provided in the May 2, 2017 quarterly report of Housing division projects and Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 7 activities, the currently available affordable housing development funds amount is $18,661,468. This value includes Housing Successor Agency, Inclusionary Housing, HOME program and CDBG available funds as detailed in Exhibit 1. In addition, staff estimates that the City will receive future Inclusionary Housing Funds from the Heritage Project (est. $9.7M) and 421 N. Harbor Blvd mixed use market-rate development project (est. $717,388). The future sale of Housing Successor Agency properties (four developable sites) may generate an estimated $4 million. Lastly, the allocation of 2017-18 CDBG funds for multi-family housing will provide an additional $300,000 and is dependent on the allocation of federal funds. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City’s efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy C (Provide that Santa Ana residents, employees, artists and veterans receive priority for affordable housing created under the City’s Housing Opportunity Ordinance or with City funding to the extent allowed under state law). FISCAL IMPACT Approval of the City Council appropriation adjustment will recognize $4,200,000 in the Inclusionary Housing Fund’s revenue account (no. 41718002-50001) and increase the Loan and Grants expenditure account no. (41718820-69152) by the same amount in the FY 2016-17 budget, for the Santa Ana Arts Collective project and a portion of the conditional pre-loan commitment for the Tiny Tim Plaza project. Both loans from the Inclusionary Housing Fund are estimated to be fully expended in FY 2017-18, pending changes to the project schedules for both projects. Funds in the amount of $4,588,955 are available in the Low and Moderate Income Housing Asset Fund, Loans and Grants account (no. 60718830-69152) for a portion of the pre-loan commitment for the First Street Apartments project. Approval of the Housing Authority appropriation adjustment will recognize $8,633,785 in the Low and Moderate Income Housing Asset Fund’s revenue account (no. 60718002-50001) and increase the Loan and Grants expenditure account no. (60718830-69152) by the same amount in the FY 2016-17 budget, for the remaining First Street Apartments project commitment and the Tiny Tim Plaza project conditional pre-loan commitment. Both loans from the Low and Moderate Income Housing Asset Fund are estimated to be fully expended in FY 2017-18, pending changes to the project schedules for both projects. Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 8 Housing Inclusionary Development Project Successor Housing Funds Agency Funds Santa Ana Arts Collective $2,900,000 First Street Apartments $8,522,740 Tiny Tim Plaza $4,700,000 $1,300,000 Totals $13,222,740 $4,200,000 The housing assistance payments for the Aqua Housing project (31 project based vouchers) are expected to be $355,260 annually. The payments will not commence until the completion of the project and tenant occupation of the units. Funds will be budgeted in future fiscal years in the Housing Choice Voucher Program, Housing Assistance Payment account (no. 13618760-69158) for anticipated expenditure beginning in FY 2019-20. APPROVED AS TO FUNDS AND ACCOUNTS: ________________________________ __________________________________ Robert Cortez Francisco Gutierrez Acting Executive Director Executive Director Community Development Agency Finance and Management Services Agency Exhibits: 1. Available Funds for Affordable Housing Development Projects 2. Restrictions and Uses of Funds 3. Development Schedules for Affordable Housing Projects 4. KMA Analysis for the Santa Ana Arts Collective 5. CSG Advisors Analysis for the Santa Ana Arts Collective 6. KMA Analysis for the First Street Apartments 7. CSG Advisors Analysis for the First Street Apartments 8. CSG Advisors Analysis for Tiny Tim Plaza 9. First Street Apartments project pre-loan commitment letter 10. Aqua Housing project award letter 11. Tiny Tim Plaza project conditional pre-loan commitment letter