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HomeMy WebLinkAbout2013-11-13 HAC Agenda Packet.ousina Advisory Commission Notice is hereby given that the Housing Advisory Commission of the City of Chula Vista has called and will convene a Special Meeting on Wednesday, November 13, 2013 in Conference Room C101, located. at 276 Fourth Avenue, Building A, Chula Vista, California to consider the iteln(s) on this agenda. SPECIAL MEETING OF THE HOUSING ADVISORY COMMISSION OF THE CITY OF CHUlLA VISTA Wednesday, November 13, 2013 Conference Room C101. 4:00 p.m. 276 Fourth Avenue, wilding A Chula Vista CALL TO ORDER ROLL CALL: Commissioners Hamilt, Minas, Quero, Torre, and Chair Uy CONSENT CALENDAR The BoardlCommission will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Board/Commission Alember, a member of the public, or staff requests that an itembe e removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form and submit it to the Secn-etary prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES P'R'OM JULY 24, 2013 Staff reconnmendation: Review Attachment 1 and approve minutes. PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on ary subject matter within the BoardlConmaission's jurisdiction that is not listed as an item on the agenda. ,State lave generally prohibits the Boa°dlCommission from discussing or taking action on anry issue not inclvded onz the agenda, but if appropriate, the Board/Commission may) schedule the topic for future discussionor refer the matter to stgf. Comments are limited to three minutes. ACTION ITEMS The Itenifs) listed in this section of the agenda will be considered -individually by the BoardlCommission and are expected to elicit discussion and deliberation. If you -wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretar y prior to the meeting. 2. KIKU GARDENS APARTMENTS (1260 THIRD AVENUE) RER"ILIT,A,TION Staff recommendation: Review Attachment 2 and conditionally approve a tax exempt bond of up to $12 Million for the rehabilitation of existing units at Kilku Gardens, a senior affordable complex. 3. RESOLUTION CHANGING THE TIME OF REGULAR MEETINGS Staff recommendation: Review Attachment 3 and consider the adoption of the Resolution to change the quarterly (July, October, January, April) regular meeting tune to 4 p.m. on the Fourth Wednesday of the month. OTHER BUSINESS 4. STAFF COMMENTS Update on the following projects/programs: ® Lofts on Landis • Congregational Towers Community Housing Improvement Program ® First -Time, Homebuyer 5, CHAIR'S COMMENTS 5. COMMISSIONERS'/BOARD MEMBERS' COMMENTS ADJOURNMENT to the regular meeting on Wednesday, January 22, 2014 in Conference Room 0101 at 276 Fourth Avenue, Building A, Chula Vista, California. Materials provided to the Housing Advisory Commission related to any open -session item on this agenda are available for public review h? the Housing. Division, Chula Vista durbIg nor11701 husiness hours. E . In compliance with the AMERICANS iVTTHD SAALLITIESACT The City of Chula Vista requests indi iduals who require special accommodations to access, attend, atzdfor participate in a Ch)ineeting, activity, or service, contact the Human Resources Department at (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least 1 foriy-eight hours in advance of the tneeting. eoi s,`ltt f,wr C4 '$ S' rs{:jnity of orn - �$3', ':�t5' �1i.:5 �.#" ::i' .it,�F i�� &., f^y a..°?":e:i'iu,. ., "-:' r;•ic� }'`.°,r,�-, } _s:E, �, fi�'_'l7t- �' w, s1`<�`.'a. @ post." tI'.. DATEg-44 Page 2 1 HAC Agenda November 13, 2013 CITY OF CHULA VISTA - bRAFT MINUTES HOUSING ADVISORY COMMISSION SPECIAL MEETING Wednesday, July 24, 2013 4:Oa P.M. GALL TO ORDERIROLL CALL -- 4:06 P.M, ATTACHMENT 1 CITY HALL CONFERENCE ROOM G101 276 FOURTH AVENUE PRESENT: Marshall "Dawes" Hamilt, Mark Minas, Sergio Quero, Lillian Uy ABSENT: Mauricio Torre (excused) STAFF: Stacey Kurz, Senior Project Coordinator Jose Dorado, Project Coordinator 4.< 4/$/13 - Member Uy motioned to approve the minutes from the meeting of 4/8/13. Member Qirero second the motion and all members agreed 4-0-0. Member Quero motioned to elect Member Uy as Chair for the fiscal year. Member Minas second the motion and all members agreed 3-0-1 with Uy abstaining. Member Minas motioned to elect Member Quero as Vice Chair for the fiscal year. Member Uy second the motion and all members agreed 3-0-1 with Member Quero abstaining. 3. FOR -SALE HOUSING POLICY s Staff Dorado provided a summary of the staff report, Exhibit 1 and presentation, Exhibit 2. Member Quero inquired if HOA and Mello Roos were factored into housing expenses. Staff Dorado replied that is something being added and looked at more closely in the future when determining the affordable housing price since those costs can equate to several hundred dollars a month. Staff Kurz added that is also a potential negotiating point for future inclusionary housing developments. Member Minas asked for clarification on the income qualification process for the existing residents at Mar Brisa and Sedona and Staff Kurz clarified that the existing residents would not be required to income qualify or meet ratios, that was done at initial qualification and they would only be reviewed for eligibility of the second modification if they were in good standing for 12 months. She further clarified that anyone that is not in good standing now would be eligible for the same ,modification after 1'2 months of good standing. Chair Uy motioned to recommend that City Council approve the updates to Council Policy 45302_ Vice Chair Quero second the motion and.the motion carried 4-0-0. 4. STAFF REPORTS Project Updates: •:� Lofts on Landis — Staff Kurz indicated that the project was approved by Planning Commission at the 'i end of June and now the developer is waiting to find out if they will receive their tax credits. They will find out in late September and would.have to pull building permits by late March if they receive them. Chair Uy asked what would happen if they are not awarded and staff Kurz replied that the developer had indicated they would wait until a year from now to apply again. Housing Advisory Commission Minutes Page 2 of 2 Congregational Towers — Construction has begun on the rehabilitation project and will be continuing over the next year. The rehabilitation is presenting challenges in construction staging issues within the urban core along Third Avenue, but the City is working with the construction company and re@`�sggidents/businessessurrounding the project. MEMBER'S EIl BEiR'S OC3M ENTS Fl - y. ORAL C: 1' r' None.:s 7. ADJOURNMENT — HAC Meeting was adjourned at 5:15 p.m. when Vice Chair Quero motioned to adjourn with a second from Chair Uy, to the next regular meeting of October 23, 2013. Recorder, Stacey Kurz E=xhibit 1 — For -Sale Housing Policy Update Staff Report Exhibit 2 — For -Sale Housing Policy Update Presentation EXHIBIT 1 The City of Chula Nista Development Services Housing Division A REPORT TO THE HOUSING ADVISORY COMMISSION I �$�ITI leo. Z Staff. Jose Dorado, Project Coordinator Development Services Department, Housing Division DATE: July 24, 2013 SUBJECT. Council Policy 453-02 - RECOMMENDATION OF APPROVAL TO THE CITY OF CHULA VISTA CITY COUNCIL AN UPDATE TO COUNCIL POLICY 453- 02 RELATED TO THE DEVELOPMENT OF AFFORDABLE FOR -SALE HOUSING FOR LOW AND MODERATE INCOME 13UYERS Z. RECOMMENDATION That the Housing Advisory Commission recommend APPROVAL to the City of Chula Vista City Council an update to the City of Chula Vista's Affordable For -Sale Housing Policy 453-02 that was originally adopted on December 9, 2003 and last updated September 13, 2005. TI. BACKGROUND The Affordable For -Sale Housing City Council Policy 453-02 (the "Policy") was adopted in 2003 to provide procedures and guidelines fob Developers proposing to construct affordable for -sale housing opportunities within the City. The policy outlines mechanisms to ensure affordability of the sales price, sharing of sale proceeds to continue to promote affordable homeownership programs, loan qualification, and selection of qualified buyers. To date, 32 units within Sedona at Rolling Hills Ranch and 67 units at Mar Brisa at San Miguel Ranch have been developed utilizing this Policy. Since the last amendment to the Policy in 2005, there have been drastic changes in the housing market, including a steep decline in U.S. home values and underwriting changes in the lending industry. In addition, with the elimination of State Redevelopment and the'associated governing laws, some of the restrictions in the original Policy are no longer necessary or consistent with industry standards. Given the changes, revisions to the Policy are needed to ensure its continuing effectiveness for existing and future first time homeowners. Staff is proposing revisions that will allow greater flexibility to those beneficiaries of the City's For - Sale Housing Program and to encourage long terns homeownership. Such revisions include restructuring of the equity share between the City and homeowner, a reduction in the length of term of the Silent Second loan, underwriting criteria and procedures for a short sales and cases of hardship. In addition, clean up revisions are proposed to provide flexibility which include the applicability of the policy to moderate for -sale products and elimination of examples and language that may change over time and become obsolete. The proposed revisions are consistent with mortgage industry standards and are in line with program policies, at the federal and state level, that July 26, 2013 Update to Council Policy 453-02 Palle 2 have been adopted for those experiencing a hardship and facing foreclosure, such as beep Your Home California and the Home Affordable Refinance Program (HARP). Recommended Substantive Revisions to the Policy Loan Term and Equity Share The Policy requires the repayment of the Silent Second loan principal upon sale, transfer, refinance, rental or change of title on the property. Staff proposes reducing the shared equity terra from the current Policy of 45 years, required under previous State Redevelopment law, to 15 years to coincide with more typical homeownership trends and the City's First Time Homebuyer Program. Proposed Table 1 of the Council Policy is revised to reflect equity share percentages between the City and the Homeowner based on the revised maximum length of the time (15 years) the Homeowner has occupied the property. Should a homeowner sell within one year, the City retains 1.00% of the equity in the property, minus the homeowner's expenses. The City's share of equity declines each year until year 15. Unde"Titing Criteria Staff hds proposed updates to underwriting criteria to be consistent with the City's First Time Homebuyer- Program and current industry underwriting standards to ensure qualified applicants are being selected for the program that will be able to sustain homeownership, Language is included to limit the use of funds gifted to the buyer. Shoat Sale and hardship At the time of the adoption and the subsequent amendment to the Policy, home prices reached unprecedented double digit increases and the Policy did not reflect any potential decline in market conditions. With the significant downturn in the housing market in recent years, where home mortgages are significantly higher than market value, many homeowners are choosing to short sell or allow the property to enter into a default status. Given the existing policy ter:ir of 45 years and upside down mortgages, homeowners are provided with little incentive to maintain horrieownership at the existing teznis or to refinance. Staff has proposed new language to recognize short sales and financial hardships. Prior to a short: sale, homeowners will be required to seek homeownership counseling. Additionally, the Development Services Director will have the ability to review existing loan documents and approve loan principal reductions in a downtuined economy for homeowners in good standing and seeking refinancing to more favorable terms. The proposed language will allow for coordination with Federal, and State foreclosure prevention programs, as previously mentioned. E Applicability to Existing Balanced Coinmuni ies ("Inclusionary housing') Projects Since 2003, two developments have -utilized the Policy, Sedona in Rolling Hills Ranch and Mar Brisa in San Miguel Ranch. Both projects provided affordable units through the City's Balanced Cornrr,unities Policy: The City is currently working with Fannie Mae, Wells Fargo, and other parties involved in the first mortgages of these properties to address conceals regarding loan modifications and refinances. The update of the Policy will provide the Development Services Director the ability Mealy 2G, 2013 Update to CouDeil Policy 453-02 Paae 3 to review the City's Silent Second loan documents and appropriately apply the Policy as zlecessaryto allow these homeowners an opportunity to seek more favorable financing terms and maintain homeownership. Moderate hicoine Buyers The original .Policy did not have provisions for moderate -income buyers. The proposed Policy would apply the underwriting criteria and terms as low-income buyers and coincide with the approved pricing guidelines as set forth in the City's Balanced Communities Policy Guidelines. Recommended Clean Un Revisions to the Policy Purpose' The Housing Element of the General Plan is updated every seven years. Therefore, goals and policies of the Housing Element are subject to change as housing needs may change over time. The revisions include the strikeout of the specific goals of the 1999-2020 Housing Element and replacement with language that states a general goal of providing for varied housing opportunities for the diverse needs of the community. Examples The existing Policy provides specific examples (reference struck out Tables 1-3 in Attachment 1 ) for loan assumptions, calculation of sales prices, and the Silent Second loan calculation.. Additionally, County of San Diego Income Limits for 2005 and Housing Pricing based on these income limits serve as Attachments to the Policy. The examples and the Attachments are based on point in time information and subject to change cover time and based on market conditions. Therefore, the examples and Attachments to the Policy are being deleted. CONCLUSION Tle Pol icy revisions promote long terns affordability and encourage Chula Vista's working families to take advantage of opportunities for quality housing consistent with City housing goals. Without such changes, staff anticipates it will be difficult to find future buyers of for -sale products under this Policy due to excessive restrictions of the current language and additional defaults may occur with tie existing complexes implemented Linder the Policy. III. Exhibits 1, Updated Council Policy 453-02 IWA0111-11 . . . . ... . ...... ... . Ow 111 5R." HE �N- .7g 17f1 AP r -r 5 aE 4M,- ......... elmGals rte='sRsk . . ..... . ON lu. R. h - Q� I un Ri ....... .. .. it MAR Mp . . . . . . . . . . . . pq ........... .......... ............ . .... ...... 2.5 71 1 EXHIBIT 2 EXHIBIT val iu es- kt ped re Ficil 15 15 lu- NMI- 3 EXHIBIT 2 t ........ . . . . . 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F -- RPM EXHIBIT 2 � Fir - — _ _._ r...-..«..::-..��_ y g EtbrsFt short s gggp­ endiarsl��cly .: - - The al►c f es rc ecus =- Y� J� �- leu��curent�iefiecdaa _..._.. ..� cva:�....�.. .• ..,_-._.__.......,,.... _ .�_— _ _ ��:::__.� z".,._. • A d 05-94. clto rcderae 3 -.-.- oome biers = ; ` ....- _=- - WW_ -_...:.._-_.._.:.-_.r„ ...............—._...,-.-._ Sze... ;,--n::.:....-._... ....,..... _........ �.,.r.:..-- — _ OF __Midi ur��e r���r��Yc��tep�a fclF mQder�te _HN ------ — _---_- - WCL-�:—... - - ----- - 6 EXHIBIT 7 id VN it PHR 7 ATTACHMENT 2 The City of Chula Nista Housing Authority HOUSINGA REPORT TO THE ICOMMISSION Item No. 2 Staff; Jose Dorado Project Coordinator IT. DATE: November 13, 2013 SUBJECT: 1,CI;KU GARDENS APAR'T'MENTS -RECOMMENDATION OF APPROVAL TO THE HOUSING AUTHORITY TO CONDITIONALLY APPROVE A TAX EXEMPT BOND OF UP TO $12 MILLION FOR THE FINANCING OF THE REHABILITATION OF EXISTING AFFORDABLE UNITS AT KIKU GARDENS APARTMENTS (1260 THIRD AVENUE) I. RECOMMENDATION That the Housing Advisory Commission recommend APPROVAL to the Housing Authority to conditionally approve a tax exempt bond not to exceed $12 million for the financing of the rehabilitation of existing affordable senior housing units at the Kiku Gardens Apartments. H, BACKGROUND The City of Chula Vista has received a request from C&C Development Group, dba RAND Group ("Applicant") to consider the issuance of tax exempt obligations to finance the acquisition and I rehabilitation of 100 existing affordable units at Kiku. Gardens Apartments (the "Project"). Kiku Gardens Apartments are located at 1260 Third Avenue in southwest Chula Vista. The rehabilitation will improve the property and extend the term of the affordable rents. The Applicant is preparing an application for an -allocation of tax credits and tax-exempt private activity bonds for multi -family projects from the California Debt Limit Allocation Committee (CDLAC) and is requesting that the Housing Authority of the City of Chula Vista be the conduit bond issuer for -an aggregate amount not to exceed $12 million. The application must be submitted by March 21, 2014. The bond allocation and tax credit contributions will be used to substantially finance the Project. III. 'PROJECT DESCRIPTION The ,Applicant The Applicant is currently under contract to purchase the Proj cot located at 1260 Thin°d Avenue. The Applicant has successfully acquired and rehabilitated over 450 residential units in California, 355 in San Diego, previously funded through the Department of Housing and Urban Development (HUD). November 13, Z013 Kiku Gardens Apartments Paye 2 Upon close of escrow, the Applicant and Hearthstone Housing Foundation, a nonprofit service agency organized under section 501(c)(3) of the Internal Revenue Service Code, will create a new limited partnership, Kilcu Gardens Housing Partners, LP to own and operate the Project The new partner, Hearthstone Housing foundation ("11eartlistone') will serve as the managing general partner and will provide supportive services to the residents. Hearthstone is a nonprofit organization formed in 1991. Hearthstone currently provides services to Hillside Apartments in San Diego and Spring Villa Apartments in Spring Valley. The Proper The property is a 32 year old garden apartment complex with 100 affordable units for seniorcitizens originally financed through HUD. Features include multiple common areas including a library, kitchen, community room, and laundry room. A service coordinator is on-site that plans social gatherings, arranges transportation for medical appointments, -shopping, ete. The Proposal With the age of the property, it in meed of rehabilitation to ensure continued long term use and viability. To take advantage of tax credits, the existing owner, Kik-u. Gardens, will sell the project to the new partnership formed by the Applicant named a California limited partnership that will acquire and rehabilitate the property using bond financing and tax credits. The scope of the proposed renovation includes full apartment interior renovations, new roof, mechanical systems, electrical system, plumbing system, and other exterior finishes, Income and Rent Restrictions For the bond financing, Section 142 (d) of the Internal Revenue Services Code requires either a minimum of 20 percent of the rental units in the Project to be available for occupancy by persons or families whose income does not exceed 50 percent of the area median income (AMI) for the San Diego Primary Metropolitan Statistical Area, or alternatively, at least 40 percent of the rental units are required to be available for occupancy by persons or families whose income does not exceed 60 percent of the AMI. The units are also to be made available at affordable rents established by the applicable State law. The project will exceed the affordability requirements by setting aside 30 units for very low income households at 50 percent of AMI, and 70 units for low income households at 60 percent of AT&. Kiku Gardens will continue to operate the entire project as an affordable project, with 100 units affordable to lower income households (1 unit reserved for resident manager). The bond regulatory agreement will restrict 100 units for low income households with 30 units at 50 percent of AMI and 69 units at 60 percent of AMI, with one unit set aside for the resident manager. The bond restricted rents will be based upon HUD income Emits established for the year. Unit Description No. of Units Target Income Level Affordable hent Limit Tenant Pays IJ3d/lBa 69 60% AMI $907 30% of their income I B&I Ba 30 50% AMI $756 30% of their income 1 Manager - Total Restricted 100 November 13, 2013 %iku Gardens Apartmeots Page 3 The Project also has an existing Section 8 financing contract with HUD. This allows the tenants to pay only 30% of their income, with HUD paying the remaining portion ofthe rent. The applicant has applied for a Section 8 rent increase based on post rehabilitation market rent which will increase the One Bedroom to $1,150. The request will not increase the amount currently paid by the tenants due to the HUD assistance. The Project proposes to maintain the income and rent restrictions for Kiku Gardens for a period not less than fifty-five years, exceeding the 30 -year terse of the bonds. The income and rent restrictions outlined above are to be incorporated into the regulatory Agreement for the bonds, which will be recorded against the property. Compliance with the income and rent restrictions will be subject annually to a regulatory audit and annual tax, credit certification. Compliance with strict property management policies and procedures will ensure that income and rent restrictions will be maintained for the full 55 -year compliance period. IAV. FINANCIAL ASSISTANCE Form of Assistance The Property Owner will be usiirg Tax Exempt Multi -Family revenue Bonds and Low Income i Housing Tax Credit financing to -support the majority of the estimated $15.75 million total development cost of the Project. The Applicant has requested the Housing Authority consider the issuance of $12 million in tax exempt bonds to be made available as a public offering for short terra tax exempt bonds, with a long tefsn taxable loan from Freddie Mae, as guarantor and Citi Community Capital as servicer. The Applicant will also apply for approximately $4.6 million in Low Income Housing Tax Credits. The permanent Bonds and Tax Credits would cover almost 80 percent of the estimated cost. The balance is expected to be provided by seller financing. HUD will allow the financing and provide a 20 year Section 8 contract for the property. Bond financing is a self-supporting program with the borrower (Applicant) responsible for the payment of all costs of issuance and other costs and repayment of the bonds. All costs gelated to the issuance of the bonds will be paid for from bond proceeds. The bonds will be secured by the project and will not constitute a liability to or obligation of the City or Housing Authority. The City -of Chula Vista -Housing Authoritywill receive compensation for its services ire preparing the bond issuance by charging an origination fee of ] /8 of I% of the bond issuance. The Housing Authority will also receive compensation. for ongoing monitoring compliance of the regulatory restrictions from an annual administrative fee paid by the borrower (1/8 of I % of the outstanding bond issuance). V. Exhibits 1. Locator Map Prepared by: Jose Dorado, Project Coordinator 11 Development Services Department, Housing Division } El L9 E c� CN V— F— Cl) ATTACHMENT 3 RESOLUTION NO. 2013-01 RESOLUTION OF THE HOUSING ADVISORY COMMISSION OF THE CITY OF CHULA VISTA CHANGfNG THE TIME OF REGULAR MEETINGS WHEREAS, Municipal Code Section 2.35 establishes the regular meeting for the Housing Advisory Commission on a quarterly basis on the fourth Wednesday of July, October, January, and April at 3:30 p.m., in the Council Conference Room (C-101), located in Building 100 (City Hall) in the Civic Center at 276 Fourth Avenue; and WHEREAS, Murrreipal Code Section 2.25,200 provides for a change in meeting time upon adoption by the board/commission a -written resolution, which adoption shall be recorded in the minutes of the board/commission and a copy of which resolution shall be forwarded to tbx , City Council; and WHEREAS, the Dousing Advisory Conmiission wishes to change its meeting time to 4:00 p.m. to facilitate member attendance. NOW, THEREFORE, BE IT RESOLVED that the Housing Advisory Commission- of the City of Chula Vista, pursuant to Municipal Code § 2,25,200, does hereby change the time of its regular meetings to a quarterly basis on the fourth Wednesday of July, October, January, and April at 4:00 p.m., in the Council Conference Room (C-101), located in Building 100 (City Hall) in the Civic Center at 276 Fourth Avenue. - 4 PASSED, APPROVED, and ADOPTED by the Housing Advisory Conunission of the City of Cbula'Vista, California, this 13th day of November, 2013, by the following vote: AYES: Commissioners: Hamilt, Minas, Quero, Torre, Uy NAYS: Commissioners: None ABSENT: Commissioners: None Lillian Uy. Chair ATTEST: Stacey Kurz, Commission Secretary