HomeMy WebLinkAboutCED Affordable Housing Funding Recommendation and Upcoming Notice of Funding Availability____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: December 2, 2024 Disposition: Resolution 15358 x Accepted report Agenda Item No: 4.g Meeting Date: December 2, 2024 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community and Economic Development Prepared by: Micah Hinkle, Director Alexis Captanian, Housing Manager City Manager Approval: ______________ TOPIC: AFFORDABLE HOUSING FUNDING RECOMMENDATION AND UPCOMING NOTICE OF FUNDING AVAILABILITY SUBJECT: RESOLUTION AUTHORIZING THE APPROPRIATION OF $252,000 TO SUPPORT THE ACQUISITION OF A NINE-UNIT APARTMENT BUILDING AT 1400 LINCOLN AVENUE FOR THE PRESERVATION AS AFFORDABLE HOUSING INFORMATIONAL REPORT ON THE STATUS AND SCOPE OF JOINT NOTICE OF FUNDING AVAILABILITY WITH THE COUNTY OF MARIN IN JANUARY 2025 EXECUTIVE SUMMARY: On September 26, 2024, the City of San Rafael (City) received a request to fund the acquisition of a nine-unit apartment building at 1400 Lincoln Avenue to permanently preserve nine units of existing affordable housing. City staff evaluated the application and developed the recommendation provided in this report. Additionally, this report provides information on the upcoming release of a joint notice of funding availability (NOFA) with the County of Marin. The NOFA includes up to $500,000 from the City’s Affordable Housing Trust Fund, plus funds available through the Marin County Housing Trust Fund and Community Development Block Grant. City staff anticipates the NOFA will be issued in mid-January, and staff plans to present award recommendations to the City Council at their second meeting in April. RECOMMENDATION: Staff recommends the City Council: 1.Adopt a resolution to authorize the appropriation of $250,000, plus administrative costs estimated at $2,000 or less, from the Affordable Housing Trust Fund for the acquisition and preservation of 1400 Lincoln Avenue as a 100 percent affordable housing project, and to authorize the City Manager to execute all documents, including a funding agreement, required to disburse the funds. 2.Accept the 2025 Notice of Funding Availability report. BACKGROUND: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The City is committed to creating and preserving affordable housing for the San Rafael community. It maintains an Affordable Housing Trust Fund to support the efforts of affordable housing developers and owners. Two types of fees are deposited into the fund: 1)Affordable Housing In-Lieu Fee: Developers who are creating market-rate housing can pay an in- lieu fee rather than providing below-market-rate units within their residential project to satisfy their affordable housing obligation. 2)Commercial Linkage Fee: Developers of certain commercial projects must pay a commercial linkage fee to offset the additional need for affordable housing that the new commercial use is anticipated to create. As of September 2024, the affordable housing trust fund has an unencumbered balance of $955,104. The City periodically issues a Notice of Funding Availability (NOFA) to invite qualified organizations to request funding for the preservation or development of affordable housing. The most recent NOFA process concluded in July 2023. The City will be participating in a joint NOFA with the County of Marin in January 2025 to allow for stronger coordination of funds and reduce the administrative burden on applicants. This year, the City Council approved implementing a rolling application process for acquisition projects seeking funding from the Affordable Housing Trust Fund during periods outside of an active NOFA. On September 26, staff received an application from Canal Alliance requesting funding for the acquisition of a nine-unit apartment building at 1400 Lincoln Avenue to preserve the units as permanently affordable housing. In October, Community and Economic Development Department staff evaluated the application using the criteria listed in Section 5 of City Council Resolution No. 14760, Guidelines for the Administration of the Affordable Housing Trust Fund, including: •Community benefit •Development team’s capacity •Management team’s capacity •Readiness to proceed •Leverage and collaboration •Per unit subsidy Additionally, staff evaluated whether the funding request aligned with the four goals established in the City’s 2023-2031 Housing Element: 1.End and prevent homelessness in San Rafael. 2.Combat housing discrimination, eliminate racial bias, and undo historic patterns of segregation. 3.Ensure housing habitability and maintenance. 4.Meet housing needs through various housing choices and affordability levels throughout the City. City staff met in mid-October to discuss the application, form a preliminary recommendation, and identify the need for additional information. Staff scheduled a follow-up call with the applicant in late October to gather additional information and presented a final evaluation and recommendation to the City Manager in early November. ANALYSIS: 1) Acquisition Funding Request – 1400 Lincoln Avenue SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 The City received a gap funding request of two hundred fifty thousand dollars ($250,000) for the recent acquisition of the Paloma Arms Apartments, a low-rise apartment building built in the early 1960s at 1400 Lincoln Avenue. The rents at this property are below market rate without any government subsidy or restriction. This type of affordable housing that occurs naturally is most at risk of conversion to market-rate. The acquisition by Canal Alliance will result in the preservation of nine units as affordable housing, including two one-bedroom units, six two-bedroom units, and one three- bedroom unit (17 bedrooms total). Receipt of City funding would be contingent upon the recordation of a deed restriction on the property, reserving all nine units for low-income households, with rents at or below 60% of Marin County Area Median Income 1. Table 1 summarizes the funding request. Table 1: Summary of Funding Request Address (Project Type) Request Sponsor Units Total Cost (per unit) Funding Request (per unit) 1400 Lincoln Ave (Acquisition) Gap Funding Canal Alliance 9 $3,120,000 ($346,667) $250,000 ($27,778) Funding Sources: Before the acquisition, the applicant secured 2.4 million dollars in grants and loans from Tam Pacific, La Raza Development Fund, and Marin Community Foundation, plus Canal Alliance’s capital. Canal Alliance has pending funding applications with the County Housing Trust Fund ($450,000) and the City Housing Trust Fund ($250,000). To achieve the sales price of 3.1 million dollars within the purchase timeline, Canal Alliance and the Marin Community Foundation provided $700,000 in bridge funds to fill the gap, allowing the applicant additional time to secure funding. With the aid of this bridge funding, Canal Alliance and the seller closed escrow on the property on October 30, 2024. The Board of Supervisors will consider Canal Alliance’s funding request at their regular meeting on December 10. The Board of Supervisors awards funding to housing projects in jurisdictions across Marin County, including San Rafael. Notably, projects in incorporated areas of Marin County are only eligible for funds from the County if the city or town government contributes financially to the project. Table 2 below offers a summary of the current and recommended funding sources for this project. Table 2: Acquisition Funding Sources Funding Source Status Amount Canal Alliance Capital Committed $470,300 Marin Community Foundation Grant Confirmed $100,000 Tam Pacific Grant Confirmed $100,000 La Raza Development Fund Grant Capital Confirmed $250,000 Marin Community Foundation Loan Confirmed $1,500,000 City of San Rafael Affordable Housing Trust Fund Grant Recommended $250,000 County of Marin Housing Trust Fund Pending - Contingent on City contribution, per County policy $450,000 Total Sources $3,120,300 1 Marin County Area Median Income (AMI) is set by the United States Department of Housing and Urban Development (HUD AMI) and published by the Marin Housing Authority. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Funding Recommendation: Staff recommends awarding the applicant’s requested amount of $250,000 based on the following evaluation: •Affordable Housing Preservation. The project preserves existing, unrestricted, affordable housing for the long term. Per the City’s Affordable Housing Trust Fund guidelines, all rental units supported by City funds are income- and rent-restricted for at least 55 years. •Location. The property is in a High Resource Area, associated with positive economic, educational, and health outcomes for low-income families—particularly long-term outcomes for children. Thus, the project aligns with the City’s Housing Element goals to foster a range of housing choices. •Tenant Stability. The acquisition prevents the displacement of current low-income tenants. At the time of acquisition, all tenant households reported incomes below 80% of the Area Median Income. •Applicant’s Relevant Skills and Experience. Canal Alliance is a local nonprofit that serves San Rafael community members. Since the early 2000s, the organization has owned 12 units at Marin Villa Estates that are deed-restricted for households earning very low and low incomes. •Funding. The applicant has sought and secured funding from multiple public and private sources. The request for City funding, which constitutes only 8 percent of the total project cost, helps close a gap and enables a potential award from the County Housing Trust Fund. •Reasonable Per Unit Subsidy. At approximately $28,000 per unit, the requested City subsidy is consistent with prior City Council awards for this project type and affordability level. •Project Scale. Larger affordable housing developers do not typically seek to acquire properties of this size, and there are fewer funding sources available, so the City’s role is critical in supporting organizations pursuing projects of this scale. Accordingly, staff recommends awarding Canal Alliance $250,000 for the acquisition of 1400 Lincoln Avenue based on the factors outlined above. The application for 1400 Lincoln Avenue was submitted through the rolling application process for acquisitions. Funding available to applicants through the rolling application is capped at $250,000 per fiscal year. If approved, this award would fully expend the award funds allocated to the rolling application process for fiscal year 2024-2025. The additional $2,000 is to cover administrative costs. 2) Upcoming Notice of Funding Availability In addition to supporting affordable housing projects on a rolling basis, staff is preparing to participate in the County of Marin’s upcoming NOFA in January 2025. Through this joint NOFA, the City will invite qualified organizations to submit requests for funding for the preservation or development of 100 percent affordable rental or ownership housing projects in San Rafael. The City and County will use a joint application. The County will evaluate funding requests for its housing trust fund, as well as Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds. City staff will continue to evaluate all applications for City funding and present recommendations to the City Council for consideration per the City’s trust fund guidelines. Funding applicants will be selected through a competitive process. Qualified responses may be awarded in full or in part, and funding may be awarded to one or more projects depending on the number of responses received and how each response addresses the City's affordable housing goals. Responses shall be evaluated, and recommendations for funding will be made using the selection criteria included in the NOFA. Any award of funding must be approved by the City Council. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Based on the City’s current fund balance and pending award, staff recommends issuing a NOFA in the amount of five hundred thousand dollars ($500,000), reserving some funds to pay for the administration of the Below Market Rate Rental and Ownership Programs. The Below Market Rate Rental and Ownership Programs monitor rental and ownership units with affordability restrictions to ensure that tenants and homeowners are income-qualified and that rent and home prices match the affordability restriction in place. Guidelines and Goals for the NOFA: NOFA responses must meet the guidelines provided in the San Rafael City Council Resolution No. 14760, Guidelines for the Administration of the Affordable Housing Trust Fund (“Guidelines”). Successful responses will also contribute to the affordable housing goals provided in the City of San Rafael Housing Element and the County of Marin Consolidated Plan, the latter of which is currently being updated for 2025 through 2029. The Housing Element provides San Rafael’s affordable housing goals, while the consolidated plan is a five-year strategic plan for federal funding programs, including the Community Development Block Grant (CDBG) program and the HOME Investment Partnerships program (HOME). Both sets of goals are included in the NOFA to ensure that awardees will also be competitive for an award of the City’s share of CDBG and HOME funds, which the County administers. Proposed Timeline: The County of Marin anticipates issuing the NOFA in January 2025, with responses due four to six weeks after the NOFA’s release. Staff will then evaluate responses and bring forward funding recommendations to the City Council in the spring of 2025. Below is a tentative timeline. Table 3: 2025 NOFA Schedule (tentative) Funding Application Opens & Applicant Workshops January Funding Application Closes February Application Review Period Late February through mid-April Award recommendations are presented to the San Rafael City Council for consideration April Requirements for Consideration: Qualified responses must demonstrate the following minimum qualifications. Eligible Projects: •Acquisition/Rehabilitation, including conversion of market-rate housing or adaptive reuse of buildings to affordable housing. •New Construction of affordable housing, including the residential portions of mixed-use and live/work projects that meet the affordability requirements of the Guidelines. Eligible Applicants: •Nonprofit organizations that qualify under Section 501(c)(3) of the Internal Revenue Code. •For-profit developers of affordable housing. For-profit developers experienced in residential development may also partner with a 501(c)(3) nonprofit organization. Eligible Activities: •Land or property acquisition. •Predevelopment (architecture, engineering/soil, environmental, financial analysis). •Construction (site preparation, construction, materials). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 •Conversion of market-rate housing or non-residential buildings to deed-restricted affordable housing. •Any other activity determined by the City that helps address affordable housing goals and priorities as established by the City Council. Developer Team Minimum Requirement: •Expertise and experience of the developer team designing and constructing successful affordable housing projects locally or within similar communities in the Bay Area. Project Minimum Requirements: •Meet all requirements provided in the Guidelines. •Demonstrate site control or ability to achieve site control, including but not limited to a purchase sale agreement, executed deed or contract of sale, or letter from a public agency or other entity agreeing to convey property and including the terms and conditions of such a transfer. •Return on city investment is based on population needs and the number of units created through the creative use of design, materials and construction techniques, and financing. •Reasonable per unit City subsidy is evaluated by the need of the target population, project type, and cost-effectiveness (cost per person, externalities, reserves, leveraging). Additional Considerations: •Project readiness in the form of approved entitlements and building permits, as well as state and federal funding. •Located within a quarter mile of transit, provides units for larger families, serves very-low- and/or extremely-low-income households, or includes 20 percent or more permanent supportive housing. •Contributes to meeting the City’s goals for new housing development and the Regional Housing Needs Allocation (RHNA). City of San Rafael Affordable Housing Trust Fund – Recent Activity: Table 4 below lists Affordable Housing Trust Fund revenues and expenditures greater than $20,000 in fiscal years 2023- 24 and 2024-2025. During this time, the fund received one significant commercial linkage fee payment in the amount of $507,944. Table 4: Affordable Housing Trust Fund – Major Transactions in Fiscal Years 2023-2025 Date Address Transaction Entity Amount 07-17-2023 TL Manor NOFA Loan BRIDGE Housing ($1,000,000) 07-17-2023 Novato St NOFA Grant Canal Alliance ($200,000) 09-06-2023 326 Mission In-Lieu Fee Payment Aldersly $507,944 10-13-2023 Admin – BMR Ownership Marin Housing ($86,040) 05-31-2024 3301 Kerner NOFA Grant Eden Housing ($250,000) 08-30-2024 Admin – BMR Ownership Marin Housing ($86,298) COMMUNITY OUTREACH: Staff will announce the NOFA on the City’s website and provide notices to local and regional affordable housing owners and developers. Staff will also distribute the announcement to over 4,000 contacts via the County of Marin’s listserv for federal grants and housing updates. The City will then join a virtual applicant workshop with County staff to educate potential applicants, and staff will engage in follow-up conversations with applicants as needed. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 FISCAL IMPACT: The total anticipated cost for the grant award plus administrative costs is $252,000. Staff requests an appropriation of $252,000 from the Affordable Housing Trust Fund No. 243. Adequate funds are available to support this request. As of September 2024, $955,104 is available in the Affordable Housing Trust Fund. If the recommendation is fully funded, approximately $703,104 will be left unencumbered in the fund. Staff's recommendation is to issue the $250,000 award as a grant, consistent with prior awards of this size. As of September 2024, the Affordable Housing Trust fund balance was $955,104, sufficient to support this NOFA and the funding recommendation for 1400 Lincoln Avenue. OPTIONS: The City Council has the following options to consider on this matter: 1.Adopt the resolution and accept the report. 2. Adopt a modified resolution. 3.Adjust the NOFA funding amount and allocate additional funds to the rolling application process. 4.Direct staff to provide additional information or otherwise adjust the NOFA. 5.Take no action. RECOMMENDED ACTION: Staff recommends the City Council: 1.Adopt a resolution to authorize the appropriation of $250,000, plus administrative costs estimated at $2,000 or less, from the Affordable Housing Trust Fund for the acquisition and preservation of 1400 Lincoln Avenue as a 100 percent affordable housing project, and to authorize the City Manager to execute all documents, including a funding agreement, required to disburse the funds. 2.Accept the 2025 Notice of Funding Availability report. ATTACHMENTS: 1. Resolution Page 1 of 2 RESOLUTION NO. 15358 RESOLUTION AUTHORIZING THE APPROPRIATION OF $252,000 FROM THE AFFORDABLE HOUSING IN-LIEU FEE FUND (FUND #243), INCLUDING $2,000 IN ADMINISTRATIVE COSTS, FOR ACQUISITION OF A NINE-UNIT APARTMENT BUILDING AT 1400 LINCOLN AVENUE FOR PRESERVATION AS A 100% AFFORDABLE HOUSING PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS INCIDENTAL TO THE FUNDING WHEREAS, on January 21, 2020, the City Council adopted Resolution No. 14760, establishing Guidelines for the Administration of the Affordable Housing Trust Fund; and WHEREAS, on September 3, 2024, the City Council approved the implementation of a rolling application process for the Affordable Housing Trust Fund, with up to two-hundred and fifty thousand dollars ($250,000) in funding available per year from the Housing In-Lieu Fee Fund to support affordable housing property acquisitions; and WHEREAS, the City received an application from Canal Alliance requesting $250,000 in funding for the acquisition of a nine-unit apartment building at 1400 Lincoln Avenue; and WHEREAS, the application was reviewed using the evaluation criteria listed in Section 5 of the Guidelines for the Administration of the Affordable Housing Trust Fund; and WHEREAS, based upon this evaluation criteria and the needs for local support for the preservation of affordable housing, a funding recommendation has been developed; and WHEREAS, the City has sufficient funds in the Housing In-Lieu Fee Fund #243 to issue the recommended grant and the funding recommendation meets the criteria for use of the funds. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does as follows: Section 1. The City Council authorizes the following affordable housing expenditure from the Housing In-Lieu Fee Fund, subject to City requirements for issuing grants for affordable housing: i. $250,000 grant from the Housing In-Lieu Fee Fund (#243), including up to an additional $2,000 in administrative costs, for Canal Alliance for acquisition of nine existing units at 1400 Lincoln Avenue. The project will be restricted at 60% of Marin County Area Median Income set by the United States Department of Housing and Urban Development (HUD AMI) as published by the Marin Housing Authority. The affordability term shall last for 55 years. Section 2. The City Council authorizes the City Manager to execute all documents and agreements incidental to the affordable housing fund expenditure authorized in this Resolution, in a form to be approved by the City Attorney. I, LINDSAY LARA, 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 of said City held on Monday the 2nd day of December 2024, by the following vote, to wit: Page 2 of 2 AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk