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HomeMy WebLinkAbout04-19-2016 Item 12 Tax and Equility Fiscal Responsibility Act (TEFRA) to aquire 55 Afforadable Houisng units Meeting Date: 4/19/2016 FROM: Michael Codron, Community Development Director Prepared By: Jenny Wiseman, Planning Technician SUBJECT: REQUEST FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO REGARDING ISSUANCE OF A TAX-EXEMPT LOAN TO ACQUIRE AND REHABILITATE 55 AFFORDABLE HOUSING UNITS AT 1092 ORCUTT ROAD, 1102 IRONBARK, AND 1363 PISMO STREET. RECOMMENDATION 1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986; and 2. Adopt a resolution (Attachment A) allowing the issuance of a tax-exempt loan by the Housing Authority of the City of San Luis Obispo to acquire and rehabilitate Laurel Creek Apartments, Ironbark Apartments, and Pismo Buchon Apartments. DISCUSSION Background The Housing Authority of the City of San Luis Obispo (the “Authority”) is requesting that the Council hold a public hearing regarding the issuance of a tax-exempt loan to acquire and rehabilitate 55 units of affordable housing. The units are located in the Laurel Creek Apartments (1092 Orcutt Road), Ironbark Apartments (1102 Ironbark), and Pismo Buchon Apartments (1363 Pismo). Although there is no financial participation (or liability, direct or indirect) by the City in approving the issuance of this “conduit” financing, Council conduct of a public hearing and approval of the issuance is required under federal regulations for tax-exempt financing. The Housing Authority was the original developer for Laurel Creek Apartments, Ironbark Apartments, and Pismo Buchon Apartments, to provide additional affordable housing in the City of San Luis Obispo. The primary funding source for each of these projects was the low-income housing tax credits awarded by the California Tax Credit Allocation Committee (TCAC). These tax credits were then purchased by an investor who became a limited partner. California statute does not allow Housing Authorities to be a party in these partnerships, so the Housing Authority transferred its interest to San Luis Obispo Non-profit Housing Corporation (SLONP). SLONP serves as the sole Managing General Partner. The partnerships have a 15 year compliance period over which the tax credits are earned. After the 15 years, the limited partner has the option to seek a buyer for its interest. 12 Packet Pg. 309 Laurel Creek Apartments, Ironbark Apartments, and Pismo Buchon Apartments have all passed the 15 year compliance period, and the limited partner, WNC & Associates, wishes to dissolve the partnership and sell its interest in the properties. All of the properties have capital improvement needs that must be addressed in the near future. The combined dollar value of capital improvements needed is approximately $1,820,000. The Housing Authority wishes to purchase the partnership interests in Laurel Creek Apartments, Ironbark Apartments, and Pismo Buchon Apartments. The Housing Authority will then work with SLONP to form a new partnership to apply for new tax credits and tax-exempt bonds to provide funding for the acquisition and capital improvement that are necessary. Project Summary 1. Laurel Creek Apartments is a 24 unit affordable rental apartment complex located at 1092 Orcutt Road. Laurel Creek Apartments was placed into service in June 1994 and is in need of approximately $1,200,000 in capital improvements. 2. Ironbark Apartments, located at 1102 Ironbark, has 20 affordable rental units and was placed into service in November 1995. Approximately $20,000 per unit in capital improvements is needed for the site, for a total of $400,000. 3. Pismo Buchon Apartments are located at 1363 Pismo Street. The affordable housing complex has 11 rental units and was placed into service in 2000. Approximately $220,000 is needed in capital improvements for this complex. 4. The issuance of the Bond requires that the Council conduct a publ ic hearing regarding the financing of the Project under the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”), and pursuant to the requirements of the Internal Revenue Code of 1986. The TEFRA public hearing allows Council to adopt a resolution approving the issuance by the Authority of the Bonds, in order to maintain purchase and rehabilitate the three housing facilities. No City Liability for the Financing There is no City liability in approving the issuance of conduit financing. The bonds are payable solely from the payments by the Borrower on a loan made to it (the “Borrower Loan”) by the Authority from the proceeds of the Bonds. The rental payments by tenants in the Project are the source of revenue used by the Borrower to repay the Borrower Loan. The City has no financial, legal, or moral obligation, liability or responsibility for the Project or for the repayment of the Bonds or the repayment of the Borrower Loan. The documents for the Bonds clearly provide that the Bonds are payable solely from payments on the Borrower Loan made by the Borrower. Outside of holding this hearing and adopting the required resolution, no other participation or activity of the City with respect to the bonds will be required. 12 Packet Pg. 310 City’s Conduit Financing Policy While the Council is not obligated to approve this request, it would be consistent with past City actions regarding the Project. Requests for conduit financing are considered based on the liability to the City in issuing the bonds on behalf of the applicant, determining that there is a clear public purpose in providing this financing, and that the applicant is capable of achieving the public purpose. Under the City’s debt financing and management policies, outlined in the 2015-17 Financial Plan, consideration of a request for conduit financing is generally a two-step process: 1. First ask the Council if they are interested in considering the request , and if so, establish the ground rules for evaluating it. 2. Return to the Council with the results of this evaluation and recommend approval of appropriate financing documents if warranted. Given the Council’s prior approval of conduit financing to the Housing Authority in the past, and due to the close and ongoing working relationship between the City and Housing Authority; staff recommends that the Council find that the Housing Authority is capable of achieving the public purpose of maintaining and providing affordable housing funded partially through tax-exempt loans. City’s Past Experience with Conduit Housing Bonds The City has approved nine “conduit” housing bond issues in the past as reflected in the following summary. There have been no financial difficulties with any of these bond issues. 1. 1985. 168-unit apartment development on Southwood Drive (refinanced in 1993). 2. 1998. 30-unit development (all affordable for seniors and persons with disabilities) on Brizzolara Street. 3. 1999. 122-unit apartment development by the De Vaul Ranch Company, of which 26 units will be affordable: 24 for “very-low” and 2 for “moderate” income households. 4. 2002. 19-unit senior apartment development at 433 Pacific Street (Pacific and Carmel). 5. 2005. 40 affordable one-bedroom units for seniors as well as one manager’s unit in an existing historic single-family residence at 2005 Johnson Avenue (“Del Rio Terrace”). 6. 2009 and 2011. 8-unit housing project at 1468 East Foothill Boulevard for the University Board of the Santa Barbara Presbytery. 7. 2012. 120-unit apartment project affordable to low and very-low income households located at 1550 Madonna Road. 8. 2013. 19-unit apartment project affordable rental apartment facility for seniors located at 433 Pacific (“Carmel Street Apartments”). 12 Packet Pg. 311 9. 2013. 40-unit affordable rental apartment facility for seniors located at 2005 Johnson Avenue (“Del Rio Terrace”). Next Steps After the TEFRA public hearing and adoption of the Resolution of the Council approving the issuance of the Bonds, the Authority will apply for low income housing tax credits and tax- exempt bonds in July of 2016. There will be no further actions required by the City Council. ENVIRONMENTAL REVIEW This project is exempt from environmental review per Section 15061(b)(3) of the California Environmental Quality Act Guidelines because action is in regards to financing an existing affordable housing project that was reviewed for environmental compliance at time of development. The activity in question will not have a significant impact on the environment. FISCAL IMPACT There are no fiscal impacts to the City associated with this matter. As noted above, the City has no liability, directly or indirectly, for the financing. ALTERNATIVES 1. Do not approve the issuance of bonds by the Authority. Given the approvals that the Project has already received from the City and the lack of any liability for repayment of the Bonds by the City, this option is not recommended. 2. Defer consideration of the request. Due to the need for rehabilitation resulting from the issuance of the Bonds, and the deadline for tax credit applications, this option is not recommended. 12 Packet Pg. 312 R ______ RESOLUTION NO. ______ (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE INCURRING OF A TAX EXEMPT OBLIGATION BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF PROVIDING FINANCING FOR THE ACQUISITION AND REHABILITATION OF LAUREL CREEK, IRONBARK, AND PISMO BUCHON APARTMENTS WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Authority") is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended (the "Act"), to incur indebtedness and to make loans for housing purposes specified in the Act; and WHEREAS, the Authority has expressed an interest in establishing a California limited partnership (the “Borrower”) and in assisting the Borrower in acquiring and rehabilitating the following three apartment facilities (collectively referred to in this Resolution as the “Housing Facilities”): Laurel Creek Apartments, located at 1092 Orcutt Road, Ironbark Apartments located at 1102 Ironbark Street, and Pismo Buchon Apartments, located at 1363 Pismo Street; and WHEREAS, such assistance will involve the issuance by the Authority of debt obligations (which may be in the form of a loa n evidenced by a note or tax-exempt revenue bonds, and referred to in this Resolution as the “Bonds”) in the approximate amount of $6,000,000, and a loan of the proceeds of the Bonds to the Borrower; and WHEREAS, a portion of the housing units in the Housing Facilities will be rented to persons and families of low or very low income as required by the Act and the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Bonds will be considered to be a "qualified exempt facility bonds" under Section 142(a) of the Code; and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the Authority approve the issuance by the Authority of the Bonds following the holding of a public hearing with respect thereto; and WHEREAS, the Authority has determined that the City Council is the "applicable elected representative" to approve the issuance by the Authority of the Bonds because the Housing Facilities are all located within the City; and WHEREAS, notice of a public hearing by the Council regarding the financing of the Projects has been duly given as required by the Code, and the Council has held the public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the location, operation and financing of the Housing Facilities, including the Authority's issuance of the Bonds and subsequent lending of the proceeds thereof to the Borrower to pay costs of the acquisition and rehabilitation by the Borrower of the Housing Facilities; and 12.a Packet Pg. 313 At t a c h m e n t : a - D r a f t R e s o l u t i o n ( 1 2 7 4 : T E F R A H e a r i n g f o r H A S L O - 1 0 9 2 O r c u t t , 1 1 0 2 I r o n b a r k , 1 3 6 3 P i s m o ) Resolution No. ______ (2016 Series) Page 2 R ______ WHEREAS, the City will not be a party to any of the agreements or other documents related to the Bonds and the financing of the Housing Facilities, the City will have no liability or responsibility related to the repayment or administration of the Bonds, and the issuance of the Bonds and the financing of the Housing Facilities will not impose any legal, financial or moral obligation on the City; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purpose of the City that the Council approve the issuance by the Authority of the Bonds for the aforesaid purposes. BE IT RESOLVED that the Council of the City of San Luis Obispo does declare, determine and order as follows: SECTION 1. Environmental Determination. The City Council has determined that the above actions will not have a significant impact on the environment, as defined by §15061(b)(3) of the California Environmental Quality Act and are exempt from environmental review. SECTION 2. Action. The Council of the City of San Luis Obispo hereby approves the issuance of the Bonds by the Authority for purposes of the Code. This resolution shall take effect immediately upon its adoption. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing Resolution was adopted this ______ day of ____________ 2016. Mayor Jan Marx ATTEST: Lee Price, MMC Interim City Clerk 12.a Packet Pg. 314 At t a c h m e n t : a - D r a f t R e s o l u t i o n ( 1 2 7 4 : T E F R A H e a r i n g f o r H A S L O - 1 0 9 2 O r c u t t , 1 1 0 2 I r o n b a r k , 1 3 6 3 P i s m o ) Resolution No. ______ (2016 Series) Page 3 R ______ 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 ______________, _________. ______________________________ Lee Price Interim City Clerk 12.a Packet Pg. 315 At t a c h m e n t : a - D r a f t R e s o l u t i o n ( 1 2 7 4 : T E F R A H e a r i n g f o r H A S L O - 1 0 9 2 O r c u t t , 1 1 0 2 I r o n b a r k , 1 3 6 3 P i s m o ) Page intentionally left blank. THENewspaper of the Central Coast TMBUM 3825 South Higuera • Post Office Box 112 • San Luis Obispo, Californi In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION AD # 2355916 CITY OF SAN LUIS OBISPO OFFICE OF THE CITY CLERK STATE OF CALIFORNIA ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates to wit; APRIL 2, 2016, that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. A rc.` . (Signore of Principal Clerk) DATED: APRIL 22, 2016 AD COST: $336.40 AM cTnop M uM O$i1 0 SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC HEARING The San Luis Obispo City Council invites all interested persons to attend a public hearing on Tuesday, April 19, 2016, at 6:00 p.m. in the My Hall Council Charn- ber, 990 Palm Street, San Luis Obispo, Califam la, relative to the following: TAX AND EQUITY FISCAL RESPoNSf- BILITY ACT (7EFRA; HEARING FROM THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO REGARD- ING ISSUANCE OF A TAX-EXEMPT LOAN TO ACQUIRE AND REHA81L1- TATE 55 AFFORDABLE HOUSING UNITS AT #092 ORCUTT ROAD. 1102 IRONBARK, AND IM3 PISMO STREET NOTICE IS HEREBY GIVEN that on April 19, 2016, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held by the City Coun- cil of the City of San Luis Obispo (the 'City") with respect to the proposed Issu- ance by the Housing Authority of the City of San Luis Obispo (the 'Authority"] of debt obligations (which may be in the form of a kran evidenced by a note or tax-exempt revenue bonds, and referred to in this No- tice as the 'Bonds') in one or more series in an aggregate amount of approximately '56,000,000. The proceeds of the Bonds will be used to: (1) finance the acquisition and rehabilitation of a 24 unit rental hous- ing facility located at 1092 Orcutt Road in the City known as Laurel Creek Apart- ments, (2) finance the acquisition and reha- bilitation of a 20 unit rental housing facility located at 1102 Ironbark Street in the City known as Ironbark Apartments, (3) finance the acquisition and rehabilitation of an 11 unit rental housing facility located at 1363 Pismo Street in the City known as Pismo Buchan Apartments: and (4) pay certain ex- penses incurred in connection with the issu- ance of the Bonds. The facilities to be fi- nanced are to be owned by a California lim- Red partnership (the "Borrower') to be formed by the Authority, and the facilities will be operated initially by the Authority or another entity selected by the Borrower. All or a portion of the rental units in the hoes Ing facilities will be rented to persons And families of low or very low income. The Bonds and the obligation to pay princi- pal of and interest thereon and any redemp- Von premium with respect thereto will not ccinsfaute an indebtedness or an obligation of the Authority, the City of San Luis Obi- spo, the State of California or any political subdivision thereof within the meaning of any constitutional or statutory debt linta- tion, or a charge against the general credit or taxing powers of any of them, but will be payable solely from certain revenues duly' pledged therefor and generally represent- ing amounts paid by ft Borrower. The hearing will commence at 6:00 p.m. or as soon thefeafter as the matter can be heard, and will be held in the City Council Chambers, located at 990 Palm Street, San Luis Obispo, California. Interested per- sons wishing to express their views on the issuance of the Bonds or on the nature and location of the housing facilities proposed to be financed may attend the public hear - Ing or, prior to the time of the hearing, sub- mit written comments. Additional information concerning the hous- ing facilities to be financed may be ob- tained from Ken Litzinger, Director of Fi- nance and Chief Financial Officer of the Au- thority, telephone number (805) 594-5304;' and any written comments should be sent prior to the public hearing to the City Clerk of the City of San Luis Obispo, at 990 Palm Street, San Luis Obispo, California 93401. The City Council may also discuss other hearings or business items before or after the items listed above. If you challenge the proposed project in court, you may be limit- ed to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corre- spondence delivered to the City Council at, or prior to, the public hearing. Reports for this meeting will be available for review in the City Clerk's Office and on- line at www.sla_ city.oM on Wednesday,, April 13, 2016. Please call the City Clerk's. Office at (805) 781-7100 for more informa- tion. The City Council meeting will be tele- vised live on Charter Cable Channel 20 and live streaming on www.slocity.orp. Lee Price, MMC Interim' City Clerk City of San Luis Obispo April 2, 2016 2355916 Request from the Housing Authority of the City of San Luis Obispo Regarding Issuance of a Tax-Exempt Loan to Acquire and Rehabilitate 55 Affordable Housing Units at 1092 Orcutt, 1102 Ironbark, and 1363 Pismo April 19, 2016 1 Recommendation 1.Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986. 2.Adopt a resolution allowing the issuance of a tax- exempt loan for the Housing Authority of the City of San Luis Obispo to acquire and rehabilitate Laurel Creek Apartments, Ironbark Apartments, and Pismo Buchon Apartments. 2 Background Housing Authority has requested the City Council hold a public hearing for the “issuance” of the tax-exempt bonds for the purpose of acquisition and rehabilitation TEFRA hearing required under federal regulations for tax-exempt financing No financial participation by the City 3 Project Summary Laurel Creek Apartments (1092 Orcutt Road) 24 affordable rental units Placed into service in June 1994 $1,200,000 in capital improvements needed Ironbark Apartments (1102 Ironbark) 20 affordable rental units Placed into service in November 1995 $400,000 in capital improvements needed Pismo Buchon Apartments (1363 Pismo Street) 11 affordable rental units Placed into service in 2000 $220,000 is needed in capital improvements $6 million in tax-exempt bond financing will be utilized to acquire these properties and rehabilitate 4 Past TEFRA Experience City has approved nine similar resolutions allowing tax-exempt conduit financing since 1985 Request is consistent with past Council action and General Plan Housing Element policies No financial difficulties with past projects 5 Recommendation 1.Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1986. 2.Adopt a resolution allowing the issuance of a tax- exempt loan for the Housing Authority of the City of San Luis Obispo to acquire and rehabilitate Laurel Creek Apartments, Ironbark Apartments, and Pismo Buchon Apartments. 6