HomeMy WebLinkAbout2013-07-24 HAC Special Mtg Agenda PacketCITY OF CHULA VISTA
MINUTES
HOUSING ADVISORY COMMISSION
SPECIAL MEETING
Wednesday, July 24, 2013
4:00 P.M.
CALL TO ORDER/ROLL CALL — 4:06 P.M.
CITY HALL CONFERENCE ROOM C101
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
418113 - Member Uy motioned to approve the minutes from the meeting of 4/8/93. Member Quero
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.
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 12 months of good
standing.
Chair Uy motioned to recommend that City Council approve the updates to Council Policy 453-02. Vice
Chair Quero second the motion and the motion carried 4-0-0.
Project Updates:
Lofts on Landis — Staff Kurz indicated that the project was approved by Planning Commission at the
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
Paqe 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
residents/businesses surrounding the project.
None.
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None.
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, 2313.
Recorder, Stacey Kurz
Exhibit 1 — For -Sale Housing Policy Update Staff Report
Exhibit 2 — For -Sale Housing Policy Update Presentation
EXHIBIT 1
The City of Chula Vista Development Services Housing Division
A REPORT TO THE
HOUSING ADVISORY COMMISSION
Item No. 2
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 BUYERS
L 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.
II. BACKGROUND
The Affordable For -Sale Housing City Council Policy 453-02 (the "Policy") was adopted in 2003 to
provide procedures and guidelines for 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 term 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
Page 2
have been adopted for those experiencing a hardship and facing foreclosure, such as Keep Your
Home California and the Home Affordable Refinance Program (HARP).
Recommended Substantive Revisions to the Policy
Loan Ter°rn 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 term 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 100% of the equity
in the property, minus the homeowner's expenses. The City's share of equity declines each year
until year 15.
Underwriting Criteria
Staff has 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.
Short 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 term of 45 years and
upside down mortgages, homeowners are provided with little incentive to maintain homeownership
at the existing terms 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 downturned 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.
Applicability to Existing Balanced Communities ("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
Communities Policy. The City is currently working with Fannie Mae, Wells Fargo, and other parties
involved in the first mortgages of these properties to address concerns regarding loan modifications
and refinances. The update of the Policy will provide the Development Services Director the ability
July 26, 2013
Update to Council Policy 453-02
Page 3
to review the City's Silent Second loan documents and appropriately apply the Policy as necessary to
allow these homeowners an opportunity to seek more favorable financing terms and maintain
homeownership.
Moderate Income 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 Up 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 changeover 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 Attaclunents to the Policy. The examples and the Attachments are based on point in time
information and subject to change over time and based on market conditions. Therefore, the
examples and Attachments to the Policy are being deleted.
CONCLUSION
The Policy revisions promote long term 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
the existing complexes implemented under the Policy.
111. Attachment
1. Updated Council Policy 453-02
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