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HomeMy WebLinkAboutCC Resolution 13985 (Affordable Housing Acquisition)RESOLUTION NO. 13985 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AFFORDABLE HOUSING ACQUISITION STRATEGY AND AUTHORIZING EXPENDITURES FROM THE CITY'S AFFORDABLE HOUSING FUNDS TO ASSIST NONPROFIT HOUSING ORGANIZATIONS TO ACQUIRE HOUSING UNITS WHEREAS, the City of San Rafael adopted an in lieu housing fee for residential developments in 1988 and an in lieu housing fee for non-residential developments in 2005; collectively the "Affordable Housing In Lieu Fund"; and WHEREAS, the Affordable Housing In Lieu Fund now holds about $1,265,000; and WHEREAS, on March 16, 2015, the City Council adopted a resolution allocating $580,000 of the Affordable Housing In Lieu Fund to the administration of the Below Market Rate Ownership Program for Fiscal Year 2015-16 through Fiscal Year 2020-21, thereby reducing the unallocated fund to about $ 685,000; and WHEREAS the California State Legislature enacted Assembly Bill xl 26 ("Dissolution Act") to dissolve redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et seg.); and' WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in the California Redevelopment Association v. Matosantos case, finding the Dissolution Act largely constitutional, with the result that all California redevelopment agencies, including the Redevelopment Agency of the City of San Rafael ("Redevelopment Agency"), would be dissolved on February 1, 2012; and WHEREAS, on January 3, 2012 and pursuant to Health and Safety Code Section 34173, the City Council declared that the City of San Rafael would act as the "Successor Agency" for the dissolved Redevelopment Agency effective February 1, 2012; and WHEREAS, on February 1, 2012, the Redevelopment Agency was dissolved pursuant to Health and Safety Code Section 34172; and WHEREAS, the Successor Agency now holds the former Redevelopment Agency's unobligated housing funds and its non -housing funds and assets and is charged with the responsibility of paying off the former Redevelopment Agency's existing debts, disposing of the former Redevelopment Agency's properties and assets to help pay off debts and return revenues to the local government entities that receive property taxes ("Taxing Entities"), and winding up the affairs of the former Redevelopment Agency; and WHEREAS, in March 2012, the Successor Agency remitted $1,136,751 of former Redevelopment Agency affordable housing funds to the Marin County Auditor for distribution to the Taxing Entities within the boundaries of the former Redevelopment Project Area pursuant to a directive from the California Department of Finance; and WHEREAS, the remaining former Redevelopment Agency affordable housing fund is now held by the City of San Rafael and contains about $ 685,000; and WHEREAS, the City Council now desires to direct staff as to the allocation of the Affordable housing In Lieu Fund and the former Redevelopment Agency affordable housing funds, collectively the "Affordable Housing Funds"; and WHEREAS, by staff report accompanying this Resolution and incorporated into this Resolution by this reference (the "Staff Report"), the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below. BE IT FURTHER RESOLVED that the City Council hereby approves an affordable housing acquisition strategy as set forth in the Staff Report and approves appropriating the funds in the City's Affordable Housing Funds for such housing acquisition strategy. BE IT FURTHER RESOLVED that the City Council hereby directs the City Manager to return to the City Council for authorization of specific funding allocations to nonprofit housing organizations for specific property acquisitions under this program. BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the third day of August 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE , City Clerk City of Cj �y � Agenda Item No: 4. a .�/W`G Meeting Date: August 3, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Economic Development Prepared by: Stephanie Lovette, Manager City Manager Approval: TOPIC: APPROVAL TO EXPEND $1.3 MILLION OF CITY AFFORDABLE HOUSING FUNDS TO ASSIST NONPROFITS TO ACQUIRE AND REHABILITATE EXISTING RENTAL HOUSING SUBJECT: RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AFFORDABLE HOUSING ACQUISITION STRATEGY AND AUTHORIZING EXPENDITURES FROM THE CITY'S AFFORDABLE HOUSING FUNDS TO ASSIST NONPROFIT HOUSING ORGANIZATIONS TO ACQUIRE HOUSING UNITS RECOMMENDATION: Adopt Resolution approving the affordable housing program and authorizing expenditures from the City's affordable housing fund for such purposes. OVERVIEW: Staff is seeking approval to expend approximately $1.3 Million of City affordable housing funds to assist non -profits to acquire and rehabilitate existing rental housing or to convert nonresidential buildings to housing. The City will enter into a long term affordability agreement with each non-profit partner so the rents will remain affordable over time. BACKGROUND: The City of San Rafael and the former San Rafael Redevelopment Agency has a long history as a supporter of affordable housing programs. Currently, San Rafael has a total of 1,315 housing units with long-term affordability deed restrictions. Of these 1,315 affordable housing units, 1,204 are rental units and 111 are ownership units. These affordable units must be occupied by low and moderate income households which earn between 30% to 60% of the area median income (low) and 60% to 120% of the area median income (moderate). Rental rates and purchase prices for these affordable units are typically 30% to 50% lower than market rate rents/sales prices. The purpose of the City's affordable housing programs is to provide for a mixed - income community where teachers, service workers, seniors and others can live and work. These 1,315 affordable units were a result of forward thinking housing policies adopted by the San Rafael City Council. San Rafael was one of the first cities in California to require that all new multi - FOR CITY CLERK ONLY File No.: Council Meeting: 9t3 I I0( g Disposition: ie9`0Lb iio-J 135g4P SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pam 2 family housing developments include a percentage of the units affordable to low and moderate income households. Since its adoption in 1988, this program has resulted in the construction of 152 affordable rental units in 12 privately owned buildings and 111 affordable ownership units within 19 residential developments. During the same time period, the City also supported affordable housing in other non- financial ways such as zoning and the support of affordable housing tax credit applications, which resulted in an additional 284 units being developed by affordable housing organizations in San Rafael. The City along with Marin County and the majority of Marin cities and towns, adopted a commercial housing in -lieu fee in 2005. This fee is collected from new non-residential developments that do not provide affordable housing on-site in order to accommodate the new employees that will be created by the new development. All fees collected from the commercial in -lieu fee are deposited in a City administered housing fund — this fund currently holds $1,265,000 in unallocated funds. The construction of the Target store created the largest share of the revenues in this fund. Staff does not anticipate substantive additions to this fund due to minimal new commercial development. In addition to the various City programs that support affordable housing, the former San Rafael Redevelopment Agency ("SRRDA") also provided housing support. The SRRDA was required by state law to expend 20% of the annual Agency budget on affordable housing. This resulted in roughly $900,000 annually that was used to assist nonprofits to develop and rehabilitate housing and for SRRDA staff support. The Redevelopment Agency funds were combined with other sources including loans and grants from the Marin Community Foundation, State and Federal tax credits and Federal CDBG and I IOME funds. The Agency partnered with various non-profit housing developers to construct 768 affordable units in 31 rental developments - these units are owned by BRIDGE Mousing, Buckelew, Canal Alliance, EAH, Homeward Bound, Mercy Housing and Rotary. All of the Agency funded projects are affordable to very low and low income households and have long-term affordability restrictions. In 2012 all redevelopment agencies in the State of California were dissolved and the non -pledged assets of the former agencies, including affordable housing assets, were distributed to the local taxing agencies. The SRRDA remitted $1,136,751 of affordable housing funds to the local taxing entities and the City of San Rafael, as Successor to the San Rafael Redevelopment Agency, was allowed to keep roughly $682,000 of housing funds. These funds may only be used to support affordable housing activities. ANALYSIS: Earlier this year, staff met with the City Council Finance Committee to evaluate the potential uses for the roughly $1.9 Million of housing funds from City in lieu fees and the former SRRDA funds. The Committee recommended that the housing funds be allocated to two programs: continuation of the affordable ownership program and the continuation of assistance to nonprofit housing organizations to acquire and rehabilitate rental units affordable to very low and low income households. The Committee also discussed using the former redevelopment funds for individual rental vouchers. The Committee felt that assisting in the creation of more permanent affordable housing was a better long range strategy for the City to pursue. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paze: 3 Pursuant to the Finance Committee recommendation, the City Council adopted a resolution on March 16, 2015 allocating $580,000 in City in lieu fees for the affordable ownership program for Fiscal Year 2015-16 to Fiscal Year 2020-21. This will cover five years of payments to Marin Housing for the administration of rental and ownership affordable housing programs and some additional funding for legal fees. This action resulted in the non -allocated City housing fund balance being reduced to $685,000. Staff is now seeking City Council approval on a program to expend the approximately $1.1 Million of remaining unallocated housing funds from the two sources; City Funds and funds of the former Redevelopment Agency. City funds Balance: $1.265 Million ($685.000 is unallocated) This account is the in lieu housing fees from commercial developments. The fund is governed by City of San Rafael policy. The funds can be used to increase or improve the supply of permanent affordable housing for households earning 80% or less than the Area Median Income. Staff works with nonprofit agencies to acquire or develop housing that is affordable to lower income households. See Attachment B for the Area Median Income Chart. The City fiends cannot be used for assistance to individuals or for temporary housing such as homeless shelters. Former redevelopment aaencv funds Balance: $ 682.000. This account is the governed by State Law and requires the funds be spent to provide units affordable to households earning 30-50% of Area Median Income (see Attachment A). These funds can also be spent on housing vouchers for very low income individuals and to construct or rehabilitate facilities for homeless persons. Other Fundina Opportunities The Marin Community Foundation ("MCF") has convened a group of affordable housing funders including the County of Marin, Marin Housing, the City of San Rafael and the Tamalpais Foundation. This consortium is also focused on an affordable housing acquisition strategy and has developed general program guidelines and funding templates. The draft program guidelines for acquisition include: • Smaller buildings -4-20 units • Minimal structural rehabilitation • "Greening" the buildings during rehabilitation with assistance from Marin Clean Energy and others to reduce long term operating costs • No tenant relocation SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 a Reducing rents for existing income qualified households a Maximize the use of Section 8 vouchers The main source of funding for this apartment building acquisition program will be below market rate loans from MCF. The MCF funding commitment will provide excellent leverage for the other funders, including the City of San Rafael. San Rafael funds can only be used to acquire units within the City limits. The other sources of funding can be used Countywide. STAFF RECOMMENDATION: Staff is recommending that the remaining $1.3 Million of housing funds from City in lieu fees and the former SRRDA funds be used to help nonprofits acquire and rehabilitate existing apartments and make those units permanently affordable to very low and low income households. Because an acquisition- rehabilitation program will not increase the overall supply of housing, staff is further recommending that, to the extent possible, nonprofit housing groups be encouraged to consider projects that could convert existing commercial buildings to housing. Staff is further recommending that the program be focused towards smaller rental units (studios and one bedroom units) to help meet the needs identified in the City's housing element. Smaller rental units would assist low income single wage renters, low income seniors and homeless individuals. FISCAL IMPACT: The affordable housing funds are held in a restricted fund and the funds can only be used to increase and improve the supply of affordable housing. Both of the affordable housing funds are held in one restricted account with a sub account for each source to assure that the former redevelopment funds are used within the State restrictions. Staff is requesting approval of the overall program framework and broad funding allocations at this point. Staff will return to the City Council for specific approval of each individual property acquisition loan. OPTIONS: 1) Adopt the Resolution approving an affordable housing acquisition strategy and authorizing expenditures from the city's affordable housing funds to assist nonprofit housing organizations to acquire housing units. 2) Request changes to the resolution. 3) Reject the Resolution. ACTION REQUIRED: Adopt Resolution. ATTACHMENTS: Resolution Attachment A — Area Median Income & affordable rent chart The Income schedule shown above is based on the 2014 Area Median Income for Marin County as published by HUD. As of April 1, 2015, CA Department of Housing and Community Development (CAHCD) has not yet released their numbe ATTACHMENT A CITY OF SAN RAFAEL RENTAL AFFORDABILITY FOR 2015 HUD Income for 2015 is again held harmeless-no change from 2014 2015 INCOME SCHEDULE (published by HUD March 2015) Median Very Low Low Low Low Moderate Income Income Income Income Income Income HH Size 100% 50% 60.00% 65.00% 80.00% 90.00% 1 72,100 36,050 43,260 46,865 57,680 64,890 2 82,400 41,200 49,440 53,560 65,920 74,160 3 92,700 46,350 55,620 60,255 74,160 83,430 4 103,000 51,500 61,800 66,950 82,400 92,700 5 111,250 55,625 66,750 72,313 89,000 100,125 6 119,500' 59,750 71,700 77,675 95,600 107,550 MAXIMUM RENT SCHEDULE - VERY LOW INCOME Very Low Income rent @ 50.00% of median Monthly rent, including utilities, may not exceed 1/12 of 30% of 50.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Size Unit size Income Income of Income Utilities RENT / MO 1 studio 36,050 3,004 901 36 $865 2 1Br 41,200 3,433 1,030 46 $984 3 2Br 46,350 3,863 1,159 64 $1,095 4 3Br 51,500 4,292 1,288 71 $1,217 MAXIMUM RENT SCHEDULE - LOW INCOME Low Income rent @ 60.00% of median Monthly rent, including utilities, may not exceed 1/12 of 30% of 60.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Size Unit size Income Income of income Utilities RENT I MO 1 studio 43,260 3,605 1,082 36 $1,046 2 1Br 49,440 4,120 1,236 46 $1,190 3 2Br 55,620 4,635 1,391 64 $1,327 4 38r 61,800 5,150 1,545 71 $1,474 MAXIMUM RENT SCHEDULE - LOW INCOME Low Income rent @ 65.00% of median Monthly rent, including utilities, may not exceed 1/12 of 30% of 65.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Size Unit size Income Income of income Utilities RENT / MO 1 studio 46,865 3,905 1,172 36 $1,136 2 1Br 53,560 4,463 1,339 46 $1,293 3 2B► 60,255 5,021 1,506 64 $1,442 4 3Br 66,950 5,579 1,674 71 $1,603 MAXIMUM RENT SCHEDULE - LOW INCOME Monthly rent, including utilities, may not exceed 1/12 of 30% of 70.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Size Unit size Income Income of income Utilities RENT I MO 1 studio 50,470 4,206 1,262 36 $1,226 2 1Br 57,680 4,807 1,442 46 $1,396 3 2Br 64,890 5,408 1,622 64 $1,558 4 3Br 72,100 6,008 1,803 71 $1,732 MAXIMUM RENT SCHEDULE - LOW INCOME Monthly rent, Including utilities, may not exceed 1/12 of 30% of 80.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Size Unit size Income Income of income Utilities RENT I MO 1 studio 57,680 4,807 1,442 36 $1,406 2 1Br 65,920 5,493 1,648 46 $1,602 3 2Br 74,160 6,180 1,854 64 $1,790 4 3Br 82,400 6,867 2,060 64 $1,996 MAXIMUM RENT SCHEDULE - MODERATE INCOME Moderate Income rent @ 90.00% of median Monthly rent, including utilities, may not exceed 1/12 of 30% of 90.00% of median income adjusted for household size. Annual Monthly 30% Monthly HH Size Unit size Income Income of income Utilities RENT I MO 1 studio 64,890 5,408 1,622 36 $1,586 2 1& 74,160 6,180 1,854 46 $1,808 3 2Br 83,430 6,953 2,086 64 $2,022 4 3Br 92,700 7,725 2,318 64 $2,254 The Income schedule shown above is based on the 2014 Area Median Income for Marin County as published by HUD. As of April 1, 2015, CA Department of Housing and Community Development (CAHCD) has not yet released their numbe