HomeMy WebLinkAbout07-10-2018 Item 10 - Allocation of Affordable Housing Funds - SLO County Housing Trust Fund Meeting Date: 7/10/2018
FROM: Michael Codron, Community Development Director
Prepared By: Cara Vereschagin, Assistant Planner
SUBJECT: ALLOCATION OF AFFORDABLE HOUSING FUNDS FOR THE SAN LUIS
OBISPO COUNTY HOUSING TRUST FUND
RECOMMENDATION
Adopt a resolution to allocate $80,000 of Affordable Housing Funds to support the ongoing
operating expenses of the San Luis Obispo County Housing Trust Fund.
DISCUSSION
City Council identified Housing as a Major City Goal (MCG) in the 2017-19 Financial Plan. One
of the action items identified in the Housing MCG work plan was the continued use of the City’s
Affordable Housing Fund (AHF) to support the Housing Trust Fund’s (HTF) operating expenses.
The San Luis Obispo County Housing Trust Fund (HTF) is a Community Development
Financial Institution (CDFI) that provides financing, technical assistance, and advocacy to
increase the supply of affordable housing in the City. The HTF provides funding for affordable
housing projects, including property acquisition, construction, and refinancing. HTF staff also
serve as a resource to City staff working with developers on affordable housing projects. The
HTF’s Executive Director, Jerry Rioux, maintains a high profile in the community as an
advocate for affordable housing projects, and serves on the Workforce Housing Coalition Board.
The 2017-19 Financial Plan included a specific budget line item support the HTF in the amount
of $60,000 ($30,000 for each fiscal year) (Attachment A). Typically, these monies are reserved
until a formal release of fund s is requested by the HTF. On April 18, 2018, the HTF submitted its
request, which included a requested for consideration of an additional allocation of $20,000 of
AHF monies ($10,000 for each fiscal year) to cover operating expenses associated with recent
increases to lending and affordable housing management portfolio activities.
Therefore, staff is requesting City Council consideration of the HTF’s requested additional
allocation of AHF for ongoing operating expenses.
ADDITIONAL FUNDING REQUEST
Overview of Request
The requested increase of the City’s annual support in the amount of $20,000 will annually
provide an additional $10,000 to HTF for operating costs and expenses for fiscal years 2017-18
and 2018-19 (Attachment B). HTF incurred its largest cost increase in 2017 upon the hiring of a
third staff person as the lending activities and loan portfolio of the HTF grew beyond the
capacity of two people.
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Award Criteria
In making its recommendations to City Council for how AHFs should be allocated, staf f
considers Council adopted criteria including: eligibility, need, suitability, timing, financial
effectiveness, and readiness (Attachment C). The following is an analysis of the request relative
to the criteria.
Eligibility. Use of the AHF for the requested purpose will increase or improve the City’s
affordable housing inventory and promote General Plan policies regarding housing, as follows:
The Housing Trust Fund is eligible for Affordable Housing Funds because it increases
the City’s affordable housing inventory and implements several General Plan policies
regarding housing. The HTF provides loans to affordable housing developers to increase
the supply of below-market housing.
Need. There exists a substantial or overarching need for the type of unit to be assisted, as
follows:
The City of San Luis Obispo has a substantial need for affordable housing to meet goals
stated in the City’s General Plan Housing Element. The HTF supports affordable housing
for those who earn nothing, up to 160% of the area median income (AMI). The HTF
lending focuses on the lower end of this income range, with the 92.5% of 832 units
financed to date for households earning up to 80% of AMI .
Suitability. The project to be assisted is appropriate for its location both in terms of land use
and design, as follows:
Since the first loan closed in 2005, the HTF has provided approximately $19.3 million to
finance 37 projects throughout San Luis Obispo County. Ten of these loans were located
in the City of San Luis Obispo , which received about $3.8 million of their financing. The
HTF only provides loans to projects that have received all City planning entitlements.
Timing. The project would better serve the City’s needs if it were built immediately as opposed
to later, as follows:
Affordable housing is greatly needed within the City of San Luis Obispo . The grant of
these additional AHF funds will allow for the HTF to frequently issue more loans to
affordable housing developers for projects within the City.
Financial Effectiveness. But for the requested assistance, the project would not be
economically feasible; or AHF funding “leverages” significant additional funding from other
sources, as follows:
This is a highly effective use of the City's Affordable Housing Funds, as the HTF has
been extremely successful in bringing government grants into the community. Between
2009 and 2014, the HTF secured $3.3 million in grants from the CDFI Fund of the US
Treasury. The also received nearly $2.1 million from the California Local Housing Trus t
Fund Matching Grant Program (LHTF) between 2010 and 2017, and secured state tax
credits for $2.5 million in bank investors. These grants and tax credits allow the HTF to
offer better rates and terms affordable housing developers.
Readiness. The project has all necessary City approvals and is ready to proceed, as follows:
The City has concurrently allocated funding for operating costs for the HTF since 2005
and has been one of the strongest and most consistent funders and supporters. This aw ard
will allow for future available funding for affordable housing projects.
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ENVIRONMENTAL REVIEW
Authorization of the requested Affordable Housing Fund s for this purpose is exempt from further
environmental review in pursuant to CEQA Guidelines Section 15061(b)(3) General Rule
Exemption.
FISCAL IMPACT
The recommended allocations would be in the form of a check paid out of the AHF, which
consist of in-lieu fees collected under the City’s Inclusionary Housing Ordinance. AHF monies
may only be used for projects and purposes that create or support affordable housing within the
City. There is no impact to the City’s General Fund.
Status of the Affordable Housing Fund
Provided below, Table 1 illustrates the current AHF balance including previous commitments of
monies that have yet to be released, and the HTF’s requested allocation. A current status report
on the AHF is included (Attachment D), which indicates that if the proposed allocations are
approved by the City Council, the fund will retain $1,167,245 to allocate towards future
affordable housing projects. The attached resolution (Attachment E) authorizes a total Affordable
Housing Fund allocation of $80,000 to the HTF for the 2017-19 Financial Plan (Attachment F).
Table 1: Status of Affordable Housing Fund, May 29, 2018
Commitments and Allocation Request AHF Available
Balance $1,946,452
Previous
Commitments
General Fund Transfer $52,000
Remaining BEGIN Down Payment Assistance Loans $17,207
Courtyard at the Meadows $630,000
Proposed
Allocations
County Housing Trust Fund – Housing MCG
Authorization $60,000
County Housing Trust Fund – Additional Request $20,000
Total $779,207
Net Available for New Programs if all Current Requests are
Approved
$1,167,245
ALTERNATIVES
1. Do not authorize AHF awards to the HTF. This action is not recommended because
the request is consistent with the Housing Element of the General Plan and was
specifically identified as an action item for implementation of the Housing MCG . Denial
of this request would also affect the HTF’s ability to provide future loans for the
development of affordable housing projects within the City.
2. Approve an AHF award for a different amount. The City Council can approve an
award for a different amount other than the recommendation. This is not recommended as
the amount of the request has been carefully considered to address the need for
successful, ongoing operations.
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3. Continue the consideration of the proposed award. The City Council can direct staff
to return with additional information regarding the fund ing request so that a financial
decision on the award amount can be made. This action is not recommended because the
delay of funding would impact the ongoing operations of the HTF.
Attachments:
a - 2017-2019 Housing Major City Goal Line Item for HTF
b - HTF Funding Request
c - Council Resolution No. 9263
d - AHF Status Report
e - Draft Resolution
f - HTF Agreement 2017-19
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MAJOR CITY GOALS
HOUSING
EXISITNG ONGOING PROGRAMS/PROJECTS PREVIOUSLY ADOPTED AND FUNDED
Function
Program
Task
Operating Capital Improvement Plan
2017‐18 2018‐19 2017‐18 2018‐19
$ FTE $ FTE $ $
Community &
Neighborhood
Livability
Housing
Assistance
Housing Programs Manager
Administration Support
Grants in Aid
SLO HTF Support
$ 114,399
$ 8,969
$ 1,385
$ 30,000
$ 1
$ 0.1
$ 118,746
$ 9,313
$ 1,399
$ 30,000
$ 1
$ 0.1
40 Prado $ 7,000 $ 7,000
Total $ 161,753 $ 1.1 $ 166,458 $ 1.1 $ ‐ $ ‐
REALLOCATION OF RESOUCES (NET ZERO FISCAL IMPACT)
Function
Program
Task
Operating Capital Improvement Plan
2017‐18 2018‐19 2017‐18 2018‐19
$ FTE $ FTE $ $
$ ‐
Total $ ‐ $ ‐ $ ‐ $ ‐
NEW PROGRAMS/PROJECTS*
Function
Program
Task
Operating Capital Improvement Plan
2017‐18 2018‐19 2017‐18 2018‐19
$ FTE $ FTE $ $
Community &
Neighborhood
Livability
Housing
Assistance
$ 63,410 $ 1 $ 66,415 $ 1
Total $ 63,410 $ 66,415 $ ‐ $ ‐
*New Program/Project cost offset with Over realized Development Services Revenue ‐ Requested in Development Services Staffing SOPC.
*See Development Services Staffing SOPC for revenue offset for position and discussion regarding potential
funding for 2nd year to be reviewed at 18-19 Supplement.
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71 Zaca Lane, Suite 130, San Luis Obispo, CA 93401 (805) 543-5970 www.slochtf.org
April 16, 2018
Delivered via email to cveresch@slocity.org
Cara Vereschagin
Acting Housing Programs Manager
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
RE: Requests for $80,000 in AHF grants
Dear Ms. Vereschagin:
I want to once again thank the City of San Luis Obispo for supporting the San Luis Obispo
County Housing Trust Fund (HTF). Over the years, the City has been one of our strongest and
most consistent funders and supporters. In addition to providing financial support, your staff has
participated on our loan and policy committees since their formation.
Beginning in 2004, the City has provided $30,000 per year in general operating support to the
HTF. Your funds have paid for a portion of our staffing and operating costs. They have also
helped us to establish and maintain prudent operating and loan loss reserves.1 Our latest award
from the City was made in October 2015. At that time, the Council awarded us $60,000 from
your Affordable Housing Fund – $30,000 for FY16 and $30,000 for FY17.
A. Funding Request
I am writing now to request $80,000 from your Affordable Housing Fund. This request is for
another two years of general operating support. It will provide $40,000 each year for FY18 and
FY19. We request an increase in your annual support because our operating costs have increased
significantly since 2004. We incurred our largest cost increase in 2017 when we hired our third
staff person. Our lending activities and loan portfolio had grown too much for two of us to
handle.
Much like the City, our finances are divided into funds. We have our general or operating fund,
the two reserve funds noted above and various loan funds. Most of our revenues are restricted to
our loan funds and cannot be used for our operating costs. The requested $40,000 represents less
than 8.4% of our calendar year 2018 budget.2 The requested funds will enable us to continue
1 Our operation reserve is currently $250,000 or a little over six months of our operating budget. Our loan loss
reserve is $425,000 or about 5% of our total loans receivable.
2 The County has already contributed $40,161 from its general fund to our operating budget this year. We will
request an increase for next year.
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April 16, 2018
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providing financing and technical assistance for affordable housing projects in the City of San
Luis Obispo.
As noted above, we operate on a calendar year, rather than a fiscal year. Our adopted operating
budget for 2018 is $475,000 (copy attached). Our largest budget category is Salaries and Wages
at $230,000. Our second largest category is Payroll Taxes and Employee Benefits at $71,000.
Together they account for 63.4% of our budget. Professional services (primarily bookkeeping
and our audit) and interest on our loan funds are our next largest expense categories. Our budget
and expenses increased significantly in 2017 because we planned to hire our third staff person
during that year.
Our operating expenses are covered from two general revenue sources – earned income and
grants. We have budgeted that 79.4% of our revenue will come from our interest and fee earn-
ings. The balance is budgeted from grants. Grants from the City of San Luis Obispo, San Luis
Obispo County and other local cities are budgeted to provide 16.4% of our revenues. Banks are
budgeted for the balance.
B. Background and History
The HTF was created in 2003 to increase the supply of affordable housing throughout San Luis
Obispo. Our primary activities are providing financing and technical assistance for affordable
housing projects. While we focus on housing for lower income households,3 we support housing
that serves the lower end of the market.4 We also work to bring housing resources into our com-
munity through advocacy and grantsmanship. For example, we recently secured a $110,000
grant to help people who are homeless rent permanent housing. This grant is being administered
by HASLO and the Supportive Housing Consortium.
Our loans for affordable housing projects are funded from our revolving loan funds. Our first
loan fund was established in 2004 with a $1 million long-term revolving line of credit from a
local bank. Our loan funds grew quickly with other investments and small contributions. Inter-
estingly, we did not receive a government grant for our loan funds until late 2009. However, by
the end of 2012 over half of our loan funds were from state and federal grants and commitments.
We provided our first loan in 2005. Because our initial loan funds were largely short-term
investments, we could only offer short-term or gap financing. Our maximum loan was generally
five years, because most of our investments were for five years. In 2012, we had enough grants
in our loan funds to offer longer-term loans (15 years or longer). At that time, we adopted an
innovative long-term loan product to help local housing projects secure tax credits. This tax
credit project loan product is very popular and it is regularly running out of funds.
3 We primarily serve individuals and households who earn less than 80% of the area median income (AMI).
4 We can serve individuals and households who earn up to 160% of AMI.
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April 16, 2018
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C. Current Loan Funds
Our loan funds currently total over $12.5 million including commitments and our long-term line
of credit. These funds include both equity (grants) and debt (loans/investments). As the follow-
ing table shows, our loan funds are split roughly evenly between equity (including commitments)
and debt (including commitments). Equity gives us far more flexibility as a lender.
Loan Fund Investments and Line of Credit Loan Fund Grants and Commitments
Bank Investments5 $2,500,000 US Treasury, CDFI FA $3,300,000
Bank Line of Credit6 1,000,000 US Treasury, CMF
7 1,000,000
Dignity Health8 1,000,000 California LHTF Program 2,075,000
USDA9 500,000 Calif. Assn. of Realtors 125,000
Foundations & Religious Groups10 986,612 Smaller Contributions 144,251
Total Invested Capital $5,986,612 Total Contributed Capital $6,644,251
The HTF has been extremely successful in bringing government grants into our community.
Between 2009 and 2014, we secured $3.3 million in grants from the CDFI Fund of the US Treas-
ury. We also received nearly $2.1 million from the California Local Housing Trust Fund
Matching Grant Program (LHTF) between 2010 and 2017. These grants enabled us to offer our
tax credit project loan product. We also secured state tax credits for $2.5 million in bank inves-
tors. These credits resulted these funds being interest free for five years. These tax credits allow
us to offer better rates and terms to our borrowers.
In March, we were awarded $1 million from the US Treasury's Capital Magnet Fund (CMF).
We were elated to receive this CMF grant because only 40 were awarded in the whole nation.
These funds will allow us to make more loans for tax credit project loans.
D. Lending Activity
Since our first loan closed in 2005, the HTF has provided $19.3 million to finance 37 projects
throughout San Luis Obispo County. Ten of these loans (27.0%) were for projects located in the
City of San Luis Obispo. These loans received nearly $3.8 million (19.6%) of our financing.
Since we last requested City funds in 2015, we closed loans for the following three projects in
San Luis Obispo.
5 We received state tax credits for all of these bank investments, so their effective interest rate to us is 0%.
6 No funds are currently drawn on our line of credit.
7 Approved, but not closed.
8 Dignity Health owns three local hospitals.
9 Approved, but not closed. Closing scheduled for May 1, 2018. Funds will be drawn as we fund eligible loans.
10 $350,000 of this amount is a commitment from the Community Foundation. It is approved, but not closed.
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April 16, 2018
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Project Description
Loan
Amount
860 on the Wye 20-unit tax credit rental project that targets homeless
veterans
$200,000
Iron Works 46-unit tax credit rental project for low-income
families and individuals
$460,000
Bishop Street Studios 34-unit tax credit rental project that targets persons
with psychological disabilities
$340,000
We also committed a $600,000 construction and bridge loan for the 40 Prado homeless service
center and shelter. This loan is ready to close at any time. In addition, we expect to provide
financing later this year for the Courtyard at Serra Meadows. The Courtyard is a 36-unit tax
credit rental project. These two pending loans will increase our financing in the City to over
$4.7 million and perhaps 23.4% of our lending.11
E. Population Served
Due to the high cost of housing and the relatively low income levels in San Luis Obispo County,
the HTF supports affordable housing for those who earn from nothing, up to 160% of the area
median income (AMI). The IRS accepted this broad charitable class because households with
incomes at this level are unable to afford decent housing in many areas of our county.
While our charitable class is broad, our lending focuses on the lower end of this income range.
As the following table shows, 92.5% of the 832 units12 that we have financed to date are for indi-
viduals and households who earn up to 80% of AMI. In addition, 14.3% of the units are for
households with special needs.13
Income Distribution of Assisted Units
Income Level
Percent
of AMI
Number
of Units
Percent
of Total
Cumulative
Percent
Extremely Low14 Up to 30% 96 11.5% 11.5%
Very Low 30% to 50% 280 33.7% 45.2%
Low 50% to 80% 394 47.4% 92.5%
Moderate & Workforce 80% to 160% 62 7.5% 100.0%
Totals 832 100.0%
11 At the present time, we have not committed any other loans that will close before 40 Prado and the Courtyard.
12 This number includes units which have not yet been built and excludes manager’s units. In addition, some “units”
may actually be rooms or beds in special needs projects.
13 Our definition of special needs is on our website at www.slochtf.org/files/special-needs.pdf.
14 For a number of our projects, we only know how many of the resident are, or must be, below 80% of AMI and not
whether they may also be below 50% or 30% of AMI. For this reason the percentages of extremely low and very
low income households served are probably higher.
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April 16, 2018
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F. Included Documents
Various documents are enclosed with this request, including our board and commission (loan
committee) rosters, 2018 budget, December 31, 2017 and March 31, 2018 financial statements,
and 2017 preliminary annual report. Our 2016 audit was provided to the City previously and is
available online at www.slochtf.org/files/audit-2016.pdf. Other information is available online at
www.slochtf.org/about-us.htm or upon request.
I look forward to continue working with you and the City of San Luis Obispo in the future.
Sincerely,
Gerald L. Rioux
Executive Director
Enclosures
X:\Funding\Government\ SLO\SLO City\SLO 2018 request.doc
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City of San Luis Obispo
Fiscal Status of Affordable Housing Fund
May 29, 2018 - Point in Time Status
Revenues, Expenditures and Changes in Fund Balance
Expenditures
Fiscal Year In-Lieu Fees Interest Rents
BEGIN
funds
reimbursem
ent
BEGIN
reuse
funds*
BEGIN City
matching
funds*Total Beginning Ending
2000-01 193,700 8,200 201,900 201,900
2001-02 464,900 20,000 484,900 201,900 686,800
2002-03 747,800 28,300 776,100 (215,000) 686,800 1,247,900
2003-04 60,500 8,500 69,000 (30,000) 1,247,900 1,286,900
2004-05 323,300 32,500 355,800 (30,000) 1,286,900 1,612,700
2005-06 1,863,700 68,500 1,932,200 1,612,700 3,544,900
2006-07 627,200 160,500 787,700 (530,000) 3,544,900 3,802,600
2007-08 682,400 155,600 838,000 (630,000) 3,802,600 4,010,600
2008-09 465,700 199,700 1,400 666,800 (892,500) 4,010,600 3,784,900
2009-10 (21,300) 32,600 9,000 270,000 290,300 (3,407,600) 3,784,900 667,600
2010-11 332,800 16,000 3,900 30,000 382,700 (39,800) 667,600 1,010,500
2011-12 848,800 21,900 870,700 (112,700) 1,010,500 1,768,500
2012-13 182,700 700 183,400 (30,000) 1,768,500 1,921,900
2013-14 777,300 12,700 100,955 117,857 1,008,812 (47,000) 1,921,900 2,883,712
2014-15 159,602 9,193 86,430 93,121 348,346 (697,000) 2,883,712 2,535,058
2015-16 625,506 34,414 659,920 (636,978) 2,535,058 2,558,000
2016-17 1,130,587 15,079 359,081 1,504,747 (1,490,919) 2,558,000 2,571,828
2017-18 210,869 12,194 1560 224,623 (850,000) 2,571,828 1,946,452
Cumulative Total 9,676,064 836,580 373,381 301,560 187,385 210,978 11,585,948 (9,639,497) 1,946,452
Commitments Not Yet Funded
Commitment to the General Fund Transfer (52,000)
Commitment for Iron Works Affordable Housing paid
Commitment to remaining BEGIN Downpayment Assistance Loans (17,207)
Commitment to Bishop Street Studios paid
Commitment to Courtyard at the Meadows (630,000)
Allocated Request to SLO County Housing Trust Fund (HTF)(60,000)
Pending Request to SLO County Housing Trust Fund (HTF)(20,000)
Total Available for New Progams as of May 29, 2018 1,167,245
Revenues Fund Balance
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ALLOCATING AFFORDABLE HOUSING
FUNDS TO SUPPORT THE ONGOING OPERATING EXPENSES OF THE
SAN LUIS OBISPO COUNTY HOUSING TRUST FUND IN THE AMOUNT
OF $80,000.
WHEREAS, on July 1, 2017, the San Luis Obispo City Council allocated $30,000.00 in
Affordable Housing Fund (hereinafter referred to as “AHF”) monies to the San Luis Obis po
County Housing Trust Fund (hereinafter referred to as “HTF”) for operating expenses for fiscal
year 2017-18, and $30,000.00 in AHF monies to HTF for fiscal year 2018-19; and
WHEREAS, on April 16, 2018, the HTF requested an additional $20,000.00 in AHF
monies to be dispersed by $10,000.00 for HTF operating expenses for fiscal year 2017 -18, and
$10,000.00 for HTF operating expenses for fiscal year 2018 -19; and
WHEREAS, this additional $20,000 will allow the HTF to improve the ability and
feasibility of the entitlement and construction of affordable housing projects in the City; and
WHEREAS, the City Council of the City of San Luis Obispo met in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California, on July 10, 2018, for the purpose of
considering a request for Affordable Housing Fund (AHF) assistance ; and
WHEREAS, the proposed project by the San Luis Obispo County Affordable Housing
Trust Fund (HTF) meet eligibility criteria established by the City Council; and
WHEREAS, Housing Element Program 6.16 provides direction for the City to “continue
to provide resources that support the SLO County Housing Trust Fund’s efforts to provide below -
market financing and technical assistance to affordable housing developers as a way to increase
affordable housing production in the City of San Luis Obispo”; a nd
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff presented at
said meeting.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The project is excempt from environmental
review per Section 15061(b)(3) General Rule of the CEQA Guidelines. The project is an action
to award funding.
SECTION 2. Findings. The City Council does hereby make the following findings in
support of the proposed AHF award:
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Resolution No. _____ (2018 Series) Page 2
R ______
a) Eligibility: Use of the AHF for the requested purpose will increase or improve the
City’s affordable housing inventory and promote General Plan policies regard ing
housing, as follows:
i) The Housing Trust Fund is eligible for Affordable Housing Funds because it
increases the City’s affordable housing inventory and implements several
General Plan policies regarding housing. The HTF provides loans to affordable
housing developers to increase the supply of below -market housing.
b) Need: There exists a substantial or overarching need for the type of unit to be assisted,
as follows:
i) The City of San Luis Obispo has a substantial need for affordable housing to
meet goals stated in the City’s General Plan Housing Element. The HTF
supports affordable housing for those who earn nothing, up to 160% of the area
median income (AMI). The HTF lending focuses on the lower end of this
income range, with the 92.5% of 832 units financed to date for households
earning up to 80% of AMI.
c) Suitability: The project to be assisted is appropriate for its location both in terms of
land use and design, as follows:
i) Since the first loan closed in 2005, the HTF has provided approximately $19.3
million to finance 37 projects throughout San Luis Obispo County. Ten of these
loans were located in the City of San Luis Obispo, which received about $3.8
million of their financing. The HTF only provides loans to projects that have
received all City planning entitlements.
d) Timing: The project would better serve the City’s needs if it were built immediately
as opposed to later, as follows:
i) Affordable housing is greatly needed within the City of San Luis Obispo. The
grant of these additional AHF funds will allow for the HTF to frequently issue
more loans to affordable housing developers for projects within the City.
e) Financial Effectiveness: But for the requested funding, the project would not be
economically feasible; or AHF funding “leverages” significant additional funding from
other sources, as follows:
i) This is a highly effective use of the City's Affordable Housing Funds, as the
HTF has been extremely successful in bringing government grants into the
community. Between 2009 and 2014, the HTF secured $3.3 million in grants
from the CDFI Fund of the US Treasury. The also received nearly $2.1 million
from the California Local Housing Trust Fund Matching Grant Program
(LHTF) between 2010 and 2017, and secured state tax credits for $2.5 million
in bank investors. These grants and tax credits allow the HTF to offer better
rates and terms affordable housing developers.
f) Readiness: The project has all necessary City approvals and is ready to proceed, as
follows:
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Resolution No. _____ (2018 Series) Page 3
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i) The City has concurrently allocated funding for operating costs for the HTF
since 2005, and has been one of the strongest and most consistent funders and
supporters. This award will allow for future available funding for affordable
housing projects.
SECTION 3. Affordable Housing Fund Award, San Luis Obispo County Housing Trust
Fund. The City Council does hereby approve an Affordable Housing Fund grant award to San
Luis Obispo County Housing Trust Fund in the additional amount not to exceed $80,000 to support
ongoing operating expenses per the 2017-19 Financial Plan.
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Item 10
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
SAN LUIS OBISPO COUNTY HOUSING TRUST FUND FOR THE USE OF
AFFORDABLE HOUSING FUND MONIES FOR OPERATING EXPENSES
PER THE 2017-19 FINANCIAL PLAN
THIS CONTRACT is made and entered into this ___ day of ____________, 2018, by
and between the SAN LUIS OBISPO COUNTY HOUSING TRUST FUND (hereinafter
referred to as “Contractor”), and the City of San Luis Obispo, a charter city of the State of
California (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, on July 1, 2017, the San Luis Obispo City Council allocated $30,000.00 in
Affordable Housing Fund (hereinafter referred to as “AHF”) monies to Contractor for operating
expenses for fiscal year 2017-18, and $30,000.00 in AHF monies to Contractor for fisca l year
2018-19; and
WHEREAS, on July 10, 2018, the San Luis Obispo City Council allocated a total of
$80,000.00 in AHF monies to Contractor for ongoing operating expenses per the 2017-19
Financial Plan; and
WHEREAS, Contractor improves the ability and feasibility of housing construction,
indirectly supports creation of affordable housing units by providing financing and technical
assistance to City staff and developers of affordable housing in the City, and advocates for
affordable housing projects cons istent with City policy, and
NOW, THEREFORE in consideration of the mutual promises, recitals and other
provisions hereof, the parties agree as follows:
1. Scope of Activities. Contractor shall use the grant for operating expenses related to
providing financing, technical assistance, and advocacy to increase the supply of affordable
housing in the City (“Project”).
2. Grant Payment. Subject to the terms and conditions of this agreement, City shall
reimburse Contractor for eligible expenses up to $80,000.00 for operating expenses. Said monies
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are in the form of a grant, and need not be repaid if used as described herein. In no instance shall
the City be liable for any project costs in excess of $80,000.00, or for any unauthorized or
ineligible costs. Contractor shall not obligate or expend any part of the $80,000.00 for purposes
or activities other than those described herein. Contractor shall request reimbursement using a
form approved by the City, indicating the amounts of AHF monies being requested.
Reimbursement shall be in accordance with the following procedure:
(a) Contractor shall submit certification of operating expenses along with
reimbursement requests.
(b) Reimbursements will be issued to Contractor within 30 days of the request being
approved by the City.
(c) If the project is not successfully completed and accepted by City, the City may
request that all or a portion of grant funds be returned to the City Finance Director.
3. Term of Agreement. The term of this agreement Contract shall commence on the date
first above written and shall terminate June 30, 2019, unless said work is completed prior to that
date or unless sooner terminated as hereinafter provided.
4. Relationship to Grant Agreement. Contractor acknowledges and agrees that this
agreement is subject to the obligations and limitations imposed on the C ity by the Grant
Agreement and all future amendments to the Grant Agreement and is intended to be in
conformance and harmony with it. Contractor hereby expressly agrees to the provisions of the
Grant Agreement and further expressly agrees that nothing in this Contract shall be deemed to
require the City to perform an obligation in conflict with the Grant Agreement. Contractor
further agrees that the C ity's right to enter into amendments to the Grant Agreement is not, and
shall not be restricted or impaired, in any way, by this agreement.
5. Termination of Agreement for Cause. If City determines that Contractor has incurred
obligations or made expenditures for purposes which are not pe rmitted or are prohibited under
the terms and provisions of this agreement, or if City determines that Contractor has failed to
fulfill its obligations under this agreement in a timely and professional manner, or if Contractor
is in violation of any of the terms or provisions of this agreement, or if Contractor should be
adjudged to be bankrupt, or if Contractor makes a general assignment for the benefit of
Contractor creditors, or if a receiver should be appointed in the event of Contractor insolvency,
then City shall have the right to terminate this agreement effective immediately upon giving
written notice thereof to Contractor. Termination shall have no effect upon the rights and
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obligations of the parties arising out of any transaction occurring prior to effective date of such
termination. Subject to the availability of AHF monies, Contractor shall be paid for all work
satisfactorily completed under the terms and this agreement prior to the effective date of such
termination. If C ity's termination of Contractor for cause is defective for any reason, including
but not limited to Cit y's reliance on erroneous facts concerning Contractor’s performance, or any
defect in the notice thereof, C ity's maximum liability shall not exceed the amount payable to
Contractor under paragraph two (2) of this agreement.
6. Employment Status. Contractor shall, during the entire term of this agreement, be
construed as an independent Contractor, and nothing in this agreement is intended nor shall be
construed to create an employer-employee relationship or a joint venture relationship. Neither
Contractor nor any of Contractor agents, employees or Contractors are or shall be considered to
be agents or employees of the C ity in connection with the performance of Contractor obligations
under this agreement . Nothing in this agreement authorizes, or permits, the City to exercise
discretion or control over the professional manner in which Contractor performs the services
which are the subject of this Contract; provided always, however, that the services to be provided
by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services.
7. Records
(a) All records, accounts, documentation and all other materials relevant to a fiscal
audit or examination, shall be retained by Contractor for a period of not less than five (5) years
from the date of termination of this Contract.
(b) If so directed by the City, upon termination of this Contract, Contractor shall
cause all records, accounts, documentation and all other materials relevant to the Project to be
delivered to the City as depository.
(c) Contractor understands that Contractor shall be the subject to examination and
monitoring by the City for a period of five (5) years aft er the final payment under this Contract.
8. Audit
(a) All records, accounts, documentation and other materials deemed to be relevant to
the Project by the C ity shall be accessible at any time to the authorized representatives of the
City on reasonable prior notice, for the purpose of examination or audit.
(b) An expenditure which is not authorized by this Contract or which cannot be
adequately documented shall be disallowed and must be reimbursed to the C ity or its designee by
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Contractor. Expenditures for work not described in paragraph one (1) of this Agreement shall be
deemed authorized if the performance of such work is approved in writing by the C ity prior to
the commencement of such work.
(c) Absent fraud or mistake on the part of the C ity, the determination by the Cit y of
allowability of any expenditures shall be final.
9. Indemnification. Contractor shall defend, indemnify and hold harmless the C ity, its
officers and employees from all claims, demands, damages, costs, expenses, judgments, attorne y
fees, liabilities or other losses that may be asserted by any person or entity, including Contractor,
and that arise out of or are made in connection with the negligent acts or omissions, or willful
misconduct, of Contractor in the performance of any dut y, obligation, or work hereunder. The
obligation to indemnify shall be effective and shall extend to all such claims and losses, in their
entirety, even when such claims or losses are brought by the comparative negligence of the C ity,
its officers and employees. However, this indemnity will not extend to any claims or losses
arising out of the sole negligence or willful misconduct of the C ity, its officers and employees.
The preceding paragraph applies to any theory of recovery relating to said act or omis sion,
including, but not limited to the following:
1. Violation of statute, ordinance, or regulation.
2. Professional malpractice.
3. Willful, intentional or other wrongful acts, or failures to act.
4. Negligence or recklessness.
5. Furnishing of defective or dangerous products.
6. Premises liability.
7. Strict Liability.
8. Inverse condemnation.
9. Violation of civil rights.
10. Violation of any federal or state statute, regulation, or ruling resulting in a
determination by the Internal Revenue Service, California Franchise Tax Board,
or any other California entity responsible for collecting payroll taxes, when the
Contractor is not an independent Contractor.
Nothing contained in the foregoing indemnity provisions shall be construed to require Contractor
to indemnify City against any responsibility or liability in contravention of Civil Code 2782. It is
the intent of the parties to provide the C ity the fullest indemnification, defense, and hold
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harmless all rights allowed under the law. If any word(s) contained herein are deemed by a court
to be in contravention of applicable law, said word(s) shall be severed from this contract and the
remaining language shall be given full force and effect.
10. Insurance
(a) Contractor shall obtain and maintain appropriate property owner insurance to cover fire,
flooding, vandalism, and natural disasters, excluding earthquakes, for the entire term of
this agreement, from insurers acceptable to City and authorized to issue such insurance in
the State of California.
(b) Contractor shall maintain in full force and effect, for the period covered by this
agreement, commercial liability insurance. This commercial general and automobile
liability insurance shall include, but not be limited to, protection against claims arising
from bodily and personal injury, including death resulting there from, and damage to
property, resulting from any act or occurrence arising out of Contractor's operations in
the performance of this agreement, including, without limitation, acts involving vehicles.
The amount of insurance shall be not less than one million dollars ($1,000,000) combined
single limit coverage for bodily and personal injury, including death resulting there from,
and property damage.
The following endorsements shall be attached to the policy:
(1) If the insurance policy is on a "claims-made or accident" basis, Contractor agrees
to attempt to obtain liability coverage on an “occurrence” basis at its earliest opportunity.
It is acceptable for automobile liability insurance to be on a per “accident” basis.
(2) If and when Contractor can secure liability coverage on an occurrence basis it
agrees to purchase the amount of coverage required above, and to purchase the maximum
amount of tail coverage available from the claims made basis insurance carrier.
(3) The policy must cover persona l injury as well as bodily injury.
(4) Blanket contractual liability must be afforded and the policy must contain a cross
liability or severability of interest endorsement.
(5) The City, its officers, agents, and employees shall be named as additional insu red
under the policy, and the policy shall provide that such insurance will operate as primary
insurance and that no other insurance affected by City will be called upon to contribute to
a loss hereunder.
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(c) In accordance with the provisions of Labor Code Section 3700, Contractor is required to
be insured against liability for workers' compensation or to undertake self-insurance for
any individuals working as their employees. Contractor agrees to comply with such
provisions before purchasing the Property specified under this agreement.
(d) The following requirements apply to all insurance to be provided by the Contractor:
(1) Contractor shall furnish the City with original certificates of insurance and
amendatory endorsements effecting coverage required by this clause. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
certificates and endorsements are to be received and approved by the City prior to the
approval of any advances by the Auditor of C ity pursuant to this agreement. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements affecting the required coverage.
(2) Certificates and endorsements shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30) days prior
written notice to City. Contractor shall also provide notice to the City as required by this
paragraph.
(3) Approval of the insurance by City shall not relieve or decrease the extent to which
Contractor may be held responsible for payment of damages resulting from Contractor's
services or operations pursuant to this agreement.
(4) All insurance shall be placed with a company with a Best rating of A:VII or
higher, except with the prior approval of the City.
(5) Contractor shall provide the City annually with evidence of insurance coverage.
Said evidence shall be sent to: Community Development Director, City of San Luis
Obispo, San Luis Obispo, CA 93401-3249.
(e) If Contractor fails or refuses to procure or maintain the insurance required by this
paragraph, or fails or refuses to furnish City with required proof that insurance has been
procured and is in force and paid for, City shall have the r ight, at City's election, to
forthwith terminate this agreement for cause.
11. Equal Employment Opportunity. During the performance of this agreement,
Contractor agrees it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin, and specifically agrees to comply with the
provisions of Section 202 of Presidential Executive Order No. 11246.
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12. Entire Agreement and Modification. This agreement sets forth the full and entire
understanding of the parties regarding the matter set forth herein, and any other prior or existing
understandings or Contracts by the parties, whether formal or informal, regarding any matters are
hereby superseded or terminated in their entirety. No cha nges, amendments, or alterations shall
be effective unless in writing and signed by all parties hereto. Contractor specifically
acknowledges that in entering into and executing this Contract, Contractor relies solely upon the
provisions contained in this agreement and no others.
13. Funding for Additional Services. Funding of any programs, projects, or services
beyond the term of this agreement, by any new agreement or amendment or extension of this
agreement , have not been authorized and will depend upon City's determination of satisfactory
performance by Contractor and upon the availability of additional grant funds. Neither C ity nor
any employee of City has made any promise or commitment, express or implied, that any
additional funds will be paid or made available to Contractor over and above the funds expressly
allocated under the terms of this agreement.
14. Compliance with City, County and State Laws and Regulations. Contractor agrees to
comply with all City, County and State laws and regulations tha t pertain to construction, health
and safety, labor, fair employment practices, procurement, equal opportunity and all other
matters applicable to Contractor, its subcontractors, and the Project. Contractor shall obtain
necessary City entitlements, includ ing planning approvals or construction permits, before starting
work.
15. Compliance with Federal Laws and Regulations. Contractor agrees to comply with all
federal laws and regulations applicable to the Project.
16. No Assignment Without Consent. In as much as this agreement is intended to secure
the specialized services of Contractor, Contractor shall not have the right to assign or transfer
this Contract, or any part hereof or monies payable hereunder, without the prior written consent
of City, and any such assignment or transfer without the C ity's prior written consent shall be
considered null and void.
17. Law Governing and Venue. This agreement has been executed and delivered in the
State of California, and the validity, enfo rceability and interpretation of any of the clauses of this
agreement shall be determined and governed by the law of the State of California. All duties and
obligations of the parties created hereunder are performable in San Luis Obispo County, and
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such County shall be that venue for any action, or proceeding that may be brought, or arise out
of, in connection with or by reason of this agreement.
18. Enforceability. If any term, covenant, condition or provision of this agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected, impaired
or invalidated thereby.
19. Binding on Successors in Interest. All provisions of this agreement shall be binding on
the parties and their heirs, assigns and successors in interest.
20. Effect of Waiver. City's waiver or breach of any one term, covenant or other provision
of this agreement shall not be a waiver of a subsequent breach of the same term, covenant or
provision, or of the breach of any other term, covenant or provision of this agreement.
21. Confidentiality. No report, maps, information, documents, or any other materials given
to or prepared by Contractor under this agreement which the City requests in writing to be kept
confidential, shall be made available to any individual or organization by Contractor without the
prior written approval of C ity. However, Contractor shall be free to disclose such data as is
publicly available.
22. Equipment and Supplies. Contractor will provide all necessary equipment and supplies
in order to carry out the terms of this agreement.
23. Notices. Unless otherwise provided, all notices herein required shall be in writing, and
delivered in person or sent by United States first class mail, postage prepaid. Notices required to
be given to City shall be addressed as follows:
To the City: To the HTF:
Community Development Director Jerry Rioux, Executive Director
City of San Luis Obispo San Luis Obispo Housing Trust Fund
919 Palm Street 71 Zaca Lane, Suite 130
San Luis Obispo, CA 93401-3249 San Luis Obispo, CA 93401
Either party may change such address by notice in writing to the other parties and thereafter
notices shall be transmitted to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
day and year first above written.
SAN LUIS OBISPO COUNTY HOUSING TRUST FUND
By:
Jerry Rioux, Executive Director Date
CITY OF SAN LUIS OBISPO
_________________________________________________________________________
Michael Codron, Community Development Director Date
APPROVED AS TO FORM:
__________________________________________________________________________
Christine Dietrick, City Attorney Date
Exhibits:
A. Contractor Quarterly Report Form
B. Contractor Reimbursement Request Form
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Exhibit A
CONTRACTOR
QUARTERLY REPORT FORM
San Luis Obispo County Housing Trust Fund
1. Contractor and Address:
San Luis Obispo, CA
2. Contact Person:
3. Phone Number: ( )
4. Program Year:
5. Report Period:
To
City of San Luis Obispo
Date Received:
Reviewed and Filed:
Project (a)
Budget (b)
Expenses (c) this
period
Expenses (d)
previously reported
Expenses (e)
to date (c+d)
Funds (f) received
to date
Other Funds (g)
received to date
Balance (h)
available (b-e)
AHF Grant – San Luis Obispo
County Housing Trust Fund
Financial Plan Year 2017-19
$80,000.00
Total $80,000.00
Narrative - Status of Approved Activities:
Problems Encountered & Corrective Actions taken:
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Exhibit B
CITY OF SAN LUIS OBISPO
CONTRACTOR REIMBURSEMENT REQUEST FORM:
San Luis Obispo County Housing Trust Fund
Instructions: Complete this form, have an authorized person sign and date it, and mail it to Cara Vereschagin, Assistant Planner, Community Development Department, City of San
Luis Obispo, 919 Palm Street, San Luis Obispo, CA 93401-3249, (805) 781-7596.
Contractor name and address:
(payment will be mailed to this address)
San Luis Obispo, CA 93401
Requested by:
Signature:
Date:
Name:
Phone: FAX:
Funding Source
Total funds
Budgeted
Amount of this
Request
Previous
Requests
Balance after
this Payment
FMS
Charge
AHF Grant – San Luis Obispo County Housing Trust
Fund Financial Plan Year 2017-19
$80,000.00
Total
$80,000.00
Comments:
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