HomeMy WebLinkAbout1994-03-22; City Council; 12640; Restructure Financial Assistance Villa Loma‘“‘TY OF CARLSBAD - AG-4DA BILL \ \ $,,.i/ ;~.ry; :-
AB # I??, lo40 TITLE: RESTRUCTURING OF CITY FINANCIAL
MTG. 3/22/94 ASSISTANCE FOR THE VILLAS AT EL CAMINO
DEPT. RED. REAL AFFORDABLE HOUSING PROJECT
SDP 93-6
RECOMMENDED ACTION:
ADOPT City Council Resolution No. 2?#-9D amending City Council Resolution
No. 93-297, dated October 26, 1993, to restructure the City’s financial assistance to the
Villas at El Camino Real Affordable Housing Project.
ITEM EXPLANATION:
On October 26, 1993 City Council approved a program of financial assistance supporting
the Villas at El Camino Real Affordable Housing Project (“The Villas”). The Villas will
provide 344 housing units affordable to low and very low income households on 21-acres
presently owned by the City located on El Camino Real south of Camino Vida Robles.
The project assistance originally included fee exemptions and deferrals and direct cash
assistance using Federal Community Development Block Grant (CDBG) for property
acquisition, and Redevelopment Low-Moderate Income Housing Set-Aside Funds for
other development costs.
Since City Council action on the Villas, the project has proceeded toward obtaining its
other financing commitments and approvals, including bank construction and permanent
financing, an allocation of Low-Income Housing Tax Credits and funding from the
Federal Home Loan Bank Affordable Housing Program. A review of the uses and
sources of funds related to development costs for the project was also completed by the
developer(s). Final financial projections indicate that the project no longer requires city
financial assistance in the form of certain fee exemptions and long term fee deferrals.
Although a short term deferral of all city-controlled fees is still necessary, the project will
be able to pay all city fees at Certificate of Occupancy.
At this time, several changes to the City’s financial assistance program are being
recommended by staff based on the anticipated requirements of other financing sources,
particularly the construction lender and Tax Credit investor. These recommended
changes are as follows:
1. Provide approximately the cash equivalent of previously approved City assistance
in exempted/deferred fees ($2.4 million) in the form of a loan from the Village
Redevelopment Agency. The loan would be funded by Redevelopment Low-
Moderate Income Housing Set-Aside Funds and Redevelopment Tax Increment
funds. The Agency’s loan will allow the project to pay the city fees from bank
construction financing. Repayment (with interest) of the loan would occur during
the project’s operational phase from surplus cash and sale of affordable housing
credits. Exhibit 2 illustrates, in a flow chart, the sources, timing and use of
Agency funds as a loan to the project.
2. Defer payment of all other City-controlled fees to Certificate of Occupancy. This
change defers approximately $ 2.3 million in additional fees.
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PAGE 2
3. Waive Park In-Lieu Fees in the amount of approximately $360,000 based on existing
surplus park dedication within the Southwest Quadrant by the Aviara Master Plan.
4. Permit the use of up to $500,000 of project cash flow and/or proceeds from sale of
Affordable Housing Credits for reserves or guarantees as required by other financing
sources.
These changes do not change the City’s actual permanent dollar commitment to the project.
However, the restructuring does commit additional City assistance of $ 4.7 million in the form of
construction period financing and fee deferrals for a period of approximately 10 months, as well
as a contingent operating deficit guarantee of up to $500,000. These proposed changes will assist
the project in several ways:
1. They allow bank construction loan savings by reducing the bank construction loan amount
and the time the loan is outstanding;
2. They allow Tax Credit equity to be increased by including the expenditures for City fees
as a project cost;
3. They allow project cost savings through the waiver of Park In-Lieu Fees on the basis that
the Villas has met its park requirement through the Aviara Master Plan. Attached as
Exhibit 3 is a letter from Aviara Land Associates which provides the rationale for taking
this action which is supported by staff, and
4. The use of project cash flow or the proceeds from selling Affordable Housing Credits
provides for reserves or guarantees to cover the contingency of greater than expected
initial operating deficits. Although the budgeted project operating reserve of $ 500,000 is
believed to be sufficient for the operating deficit contingency, a larger rental project must
be prepared to address the problem which may arise if the market is unable to quickly
absorb all of the units, notwithstanding deeply subsidized rents. The Tax Credit investor
may require up to $1 million in additional project reserves/guarantees to insure that a
longer than expected lease-up period can be accommodated. The reserve/guarantee would
diminish over time as the project reaches and maintains a stabilized occupancy.
A separate agenda bill requesting action from the Housing and Redevelopment Commission
authorizing the Redevelopment Agency loan will be processed concurrently with this agenda bill
requesting Council action to restructure the financial assistance to the Villas at El Camino Real
Affordable Housing Project.
The use of additional city/agency funds as a construction loan, which is subordinated to a bank
loan, and the deferral of additional fees during the construction period present additional risk.
However, with the track record of the development team and the bank construction lender’s
performance guarantee requirements, staff believes that the risk has been mitigated to the greatest
extent possible.
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PAGE 3
FISCAL IMPACT
The actions recommended by staff do not result in an increase in permanent funding for the
project above that which was previously approved by the City Council and the Housing and
Redevelopment Commission. The actions do recommend use of $ 2.4 million as a construction
period loan to the project, deferral of an additional $ 2.3 million in City fees until Certificate of
Occupancy and waiving of approximately $360,000 in Park In-Lieu fees as well as potentially a
reserve/guarantee of up to $500,000 using project-generated income.
The proposed restructuring of the City/Redevelopment Agency’s financial assistance will
significantly aid the Villas chances for success, including obtaining other financing commitments
and approvals and is, therefore, recommended by staff.
EXHIBITS
l- Resolution No. 94-w approving an amendment to City Council Resolution No. 93-
297, dated October 26, 1993, to allow for a restructuring of the City’s financial assistance
to the Villas at El Camino Real Affordable Housing Project.
2- Flow Chart representing the sources, timing and use of City/Redevelopment Agency funds
for a construction period loan for the Villas project.
3- Report to City Manager on waiver of Park In-Lieu Fees which includes letter from Aviara
Land Associates, dated January 6, 1994, and fee analysis memo from Senior Management
Analyst, Don Rideout providing rationale for waiving Park In-Lieu Fees for the Villas
project.
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CITY COUNCIL RESOLUTION NO. 94-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA APPROVING A
RESTRUCTURING OF CITY FINANCIAL ASSISTANCE
FOR THE VILLAS AT EL CAMINO REAL AFFORDABLE
HOUSING PROJECT TO BE LOCATED WITHIN THE
SOUTHWEST QUADRANT OF THE CITY.
CASE NAME: “THE VILLAS” AT EL CAMINO REAL
APN: 215-020-H
WHEREAS, on October 26, 1993, the City Council approved Council
Resolution No. 93-297 authorizing financial assistance to support the Villas at El Camino Real
Affordable Housing Project; and
WHEREAS, the City of Carlsbad’s financial assistance originally included fee
exemptions and deferrals and direct cash assistance using Federal Community Development
Block Grant funds for property acquisition and Redevelopment Low and Moderate Income
Housing Set-Aside funds for other development costs; and
WHEREAS, the Villas at El Camino Real Affordable Housing Project has
proceeded toward obtaining its financing commitments and approvals, including bank
construction and permanent financing, an allocation of Low Income Housing Tax Credits and
funding from the Federal Home Loan Bank Affordable Housing Program; and
. . . .
. . . .
-.
. . . .
WHEREAS, a need has been identified to restructure the City’s financial
assistance program based on the anticipated requirements of other financing sources,
particularly the construction lender and Tax Credit investor.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council as follows:
1. That the foregoing recitations are true and correct.
2. That the City Council of the City of Carlsbad hereby approves financial
assistance to the proposed affordable housing project known as “The Villas” at
El Camino Real as set forth in City Council Resolution No 93-297, dated
October 26, 1993, and as amended by paragraph 3 below.
3. That the City Council hereby amends Resolution No. 93-297 to restructure the
financial assistance.for the Villas at El Camino Real Affordable Housing
Project as outlined below:
a. The City shall provide the approximate cash equivalent of previously
approved City assistance in exempted/deferred fees ($2.4 million) in the
form of a loan from the Village Redevelopment Agency. The loan shall
be funded by Redevelopment Low-Moderate Income Housing Set-Aside
Funds and Redevelopment Tax Increment Funds. The loan will allow
the project to pay the city fees from bank construction financing.
Repayment (with interest) of the loan shall occur during the project’s
operation phase from surplus cash and sale of affordable housing
credits.
b. The City shall defer payment of all other city-controlled fees to Certificate of Occupancy.
. . . .
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C. The city shall waive Park In-Lieu Fees for the project based on existing su$us park
dedication within the Southwest Quadrant by the Aviara Master Plan.
d: The city shall permit the use of up to $500,000 of project cash flow and/or proceeds from
sale of Affordable Housing Credits for reserves or guarantees as required by other
financing sources.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 22nd day of March, 1994, by the
following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None
ATTEST:
.
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
EXHIBIT 2
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EXHIBIT 3
March 10, 1994
TO: CITY MANAGER
FROM: HOUSING AND REDEVELOPMENT DIRECTOR
WAIVER OF PARK IN-LIEU FEES FOR VILLAS AFFORDABLE HOUSING PROJECT
A waiver of the park in-lieu fees has been requested for the Villas at El Camino Real Affordable
Housing Project. Based on the information submitted by Aviara Land Associates and the
subsequent analysis of the matter by Senior Management Analyst, Don Rideout, staff is
recommending approval of the request to waive the park in-lieu fee for the Villas at El Camino
Real Affordable Housing Project.
ATTACHMENTS:
1. Letter from Aviara Land Associates, dated January 6, 1994, demonstrating an excess of
park dedication by the Aviara Master Plan which can be used to meet the requirement
-for the Villas project.
2. Memorandum from Senior Management Analyst, Don Rideout, outlining his analysis of
the park dedication requirements for the Aviara Master Plan.
.- 4
. ATTACHMENT 1
. i?Cl; BY:xEROx TELECOPIER 7010 ; 3- B-94 11:2SAM ; 619 931 7950+
03/08&4 11:39 ‘B619 931 7950 HILLMAN-AVIARA
7202037; # 2
@I 002
MEMORANDUM
To: Evan Becker
From: Paul Klukas
Date: January 6, 1994
Subject: Aviara Park Dedication
Aviara has dedicated sufficient parkland to cover the full requirements for The Villas as demonstrated in the following analysis. All data is based on the growth management performance standard of 3 acres parkland requirement per 1,000 population, The existing 24.25 acre park dedication was based on the 1986 analysis below,
&yellinP Units PolNllatlon PWk Demmil
1986 Analysis 2,836 Aviara a Remainder tint 3,270 Total Unfts
7,007 E I
21.00 ac. 3.25 ac, 24.225 UCI
1994
Update
2,002 Aviara 4,947 434 Remainder Zone .I.073
2,436 U&s Total 6,020
14.85 ac.
Based on this updated buildout information, Aviara has over-dedicated some 6.15 acres of parkland. The Villas parkland demand is as follows:
344 units 850 pop. 2.55 acI
The Villas required 2.55 acres of parkland is well within the 6.15 acre parWand excess- dedication of Aviara. The growth management standard for The Villas park requirement has been met by this dedication. It is our opinion that the further payment of park-in-lieu fees for The Villas is unnecessary and such fees should be eliminated from the proforma.
cc: D, L Clemens CT’. .P
- ATTACHMENT 2 . . .* .
March 10, 1994
TO: Evan Becker, Housing and Redevelopment Director
FROM: Don Rideout, Senior Management Analyst
Aviara Park Dedication and Villas Project
I have reviewed the January 6, 1994, memo from Paul Klukas (Aviara) and find it to be generally
accurate. Aviara’s park dedication is projected to exceed the buildout demand of their project
by over 7 acres. On a quadrant basis, the combination of parks serving the Southeast Quadrant
is projected to exceed the buildout demand by approximately the same amount (7.84 acres). The
density bonus for the Villas uses only a portion of the excess units generated by Aviara.
Therefore, waiving the park-in-lieu requirement for the Villas would not be expected to cause any
difficulty in meeting the Growth Management Park Standard in the future. An alternative way
of accomplishing the same objective would be to allow the Villas to utilize park credits that
Aviara currently holds.
c: Community Development Director
Planning Director
Parks and Recreation Director