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HomeMy WebLinkAbout04-19-2016 Item 13 Tax and Equility Fiscal Responsibility Act (TEFRA) to develop 46 Affordable Housing 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 DEVELOP 46 AFFORDABLE HOUSING UNITS AT 3680 BROAD 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. 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 develop 46 affordable housing units at 3680 Broad Street. DISCUSSION Background The Housing Authority of the City of San Luis Obispo (the “Authority”) is requesting that the City Council hold a public hearing regarding the issuance of a tax-exempt loan to develop Iron Works Apartments, 46 affordable housing units located at 3680 Broad Street. 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 reissuance is required under federal regulations for tax-exempt financing. The Housing Authority is committed to providing much needed additional affordable housing in the City of San Luis Obispo. The primary funding source for this project will be low income housing tax credits awarded by the California Tax Credit Allocation Committee (TCAC). These tax credits will then be purchased by an investor who becomes a limited partner. California statute does not allow Housing Authorities to be a party in these partnerships, so the Housing Authority will hold its interest through its related entity San Luis Obispo Non-profit Housing Corporation (SLONP). SLONP will serve as the sole Managing General Partner for Iron Works Apartments. 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. The project will feature an affordability requirement for a minimum of 55 years. 13 Packet Pg. 316 Project Summary 1. Iron Works Apartments will consist of 100% of the units to be rented to households at 60% Area Median Income and below for a minimum of 55 years. The project consists of 46 units: 12 one bedroom units, 19 two bedroom units, and 15 three bedroom units. 2. Estimated total development costs are projected to be $14.9 million. Of this, it is anticipated that roughly $10 million in tax-exempt bond financing will be utilized to finance the project development. 3. The issuance of the Bond requires that the Council conduct a public 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. City’s Conduit Financing Policy While the Council is not obligated to approve this request, it would be consistent with past City actions regarding conduit financing. 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 asking the Council if they are interested in considering the request and establishing the ground rules for evaluating it. 2. And then returning with the results of this evaluation and recommending 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 13 Packet Pg. 317 finds that the Housing Authority is capable of achieving the public purpose of providing much needed affordable housing funded partially through tax-exempt loans. City’s Past Experience with Conduit Housing Bonds The City has approved nine “conduit” or tax-exempt housing bond issues in the past as reflected in the following summary. There have been no financial difficulties with any of these bon d 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”). 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 (Attachment A) approving the issuance of the Bonds, the Authority will apply for low income housing tax credits and tax-exempt bonds in March of 2016. There will be no further actions required by the City Council. ENVIRONMENTAL REVIEW The 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 a future affordable housing project which will be subject to environmental review. The activity in question will not have a significant impact on the environment. 13 Packet Pg. 318 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. The project has already received all necessary land use entitlements, as well as multiple City loan commitments. Due to lack of liability for repayment of the Bonds by the City, this option is not recommended. 2. Defer consideration of the request. Due to the critical need for tax-exempt bond financing in order to construct the apartments, this option is not recommended. 13 Packet Pg. 319 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 CONSTRUCTION OF IRON WORKS 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 to develop Iron Works Apartments, a 46 unit affordable housing project located at 3680 Broad Street (referred to in this Resolution as the “Housing Facility”); and WHEREAS, such assistance will involve the issuance by the Authority of debt obligations (which may be in the form of a loan evidenced by a note or tax -exempt revenue bonds, and referred to in this Resolution as the “Bonds”) in the approximate amount of $10,000,000, and a loan of the proceeds of the Bonds to the Borrower; and WHEREAS, a portion of the housing units in the Housing Facility 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 WHEREAS, 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 Facility is located within the City; and WHEREAS, notice of a public hearing by the Council regarding the financing of the Project has been duly given as required by the Code; and WHEREAS, 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 13.a Packet Pg. 320 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 5 : T E F R A H e a r i n g f o r I r o n W o r k s ) Resolution No. ______ (2016 Series) Page 2 -2- of the Housing Facility, including the Authority's issuance of the Bonds and subsequent lending of the proceeds thereof to the Borrower to pay costs of the construction by the Borrower of the Housing Facility; and 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 Facility, 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 Facilit y 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. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does declare, determine and order as follows: SECTION 1. The Council of the City of San Luis Obispo hereby approves the issuance by the Authority of the Bonds for purposes of the Code. SECTION 2. 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 3. 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 13.a Packet Pg. 321 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 5 : T E F R A H e a r i n g f o r I r o n W o r k s ) Resolution No. ______ (2016 Series) Page 3 -3- 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, MMC Interim City Clerk 13.a Packet Pg. 322 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 5 : T E F R A H e a r i n g f o r I r o n W o r k s ) Page intentionally left blank. Newspaper of the Central Coast ldnMbi�l Mb 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California I In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION AD # 2355932 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. " (Signat of Principal Clerk) DATED: APRIL 22, 2016 AD COST: $315.52 APR 0 6 2916 r OF � 0J3I; o 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 6:09 p.m. in the City Hall Council Cham- ber, 990 Palm Street, San Luis Obispo, California, relative to the following: NOME 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 loan evidenced by a note or fax -exempt revenue bonds, and referred to in this No- tice as the 'Bonds') in one or more series in an aggregate amount of approximately si 0,000,000. The proceeds of the Bonds will be used to: (1) finance the develcp- ,ment of a 46 unit affordable rental housing. taalrty located at 3680 Broad St. in the City, to be (mown as Iron Works Apart- ments; and (2) pay certain expenses incur- red in connection with the issuance of the Bonds, The facilities to be financed are to be owned by a California limited partner- ship (the 'Borrower") to be formed by the Authority, and the facilities will be operated initially by the Authority or another entity, se- lected by the Borrower. All or a portion of the rental units in the housing facilities will be rented to persons and families of low or very low income. The Bonds and the obligation to pay pnnci- pal of and interest thereon and any redemp- tion premium with respect thereto will not constitute an indebtedness or an obligation of the Authority, the City of San Lu s -Cbl spo. the State of California or any political subdivision thereof within the meaning of any constitutional or statutory debt limita- 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 the Borrower The hearing will commence at 6:00 p.m. or as soon thereafter 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 - ma 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 ClerWs Office and on - ,line at www.slocitv,orq on Wednesday. April 13, 2016. Please call the City Clerk's Otfice at (805) 781-7100 for more informs- fion. The City Council meeting will be tele- vised live on Charter Cable Channel 20 and live streaming on www.slocity.orm Price, MMC im City Clerk of San Luis Obispo 2. 2016 2355932 Request from the Housing Authority of the City of San Luis Obispo Regarding Issuance of a Tax- Exempt Loan to Develop 46 Affordable Housing Units at 3680 Broad Street 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 by the Housing Authority of the City of San Luis Obispo to develop 46 affordable housing units at 3680 Broad Street. 2 Background Housing Authority has requested the City Council hold a public hearing for the “issuance” of the tax-exempt bonds for construction TEFRA hearing required under federal regulations for tax-exempt financing No financial participation by the City Project has received all planning entitlements 3 Project Summary Iron Works Apartments 46 affordable units deed restricted for 55 years 12 one-bedroom units 19 two-bedroom units 15 three- bedroom units 4,000 square feet of commercial space Estimated total development costs of $14.9 million $10 million in tax-exempt bond financing will be utilized to finance the project development. 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 by the Housing Authority of the City of San Luis Obispo to develop 46 affordable housing units at 3680 Broad Street. 6