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CC 2012-11-13_08.e. Affordable Housing Unit at 266 Aspen StreetMEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~ SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND LOAN DOCUMENTS RELATED TO THE AFFORDABLE HOUSING UNIT AT 266 ASPEN STREET DATE: NOVEMBER 13, 2012 RECOMMENDATION: It is recommended the City Council adopt a Resolution authorizing the City Manager to amend the interest rate set forth in the promissory note and other changes to documents as necessary related to the affordable housing unit at 266 Aspen Street. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The existing promissory note requires the property owner to pay the City $30,000 with interest at an annual rate of 6% if the unit is sold and converted to an unrestricted market rate unit prior to 2032. The total principal and interest due to the City is estimated to be approximately $48,000, which would be deposited in the Affordable Housing In Lieu Fee Fund if paid. It is estimated that the proposed action will reduce this amount to approximately $39,000. However, if the property is foreclosed by the lender, the City will likely receive none of the principal and interest. Therefore, the proposed action will likely help ensure receipt of $30,000 to $39,000 that may otherwise be lost. The proposed action will result in additional administrative and legal staff time. However, it will likely be less time than would be involved if the property is subject to a foreclosure. BACKGROUND: Parcel 2 of Parcel Map No. AG 95-068 was created in 1995 as part of a density bonus approved by the City that required the developer to commit the unit to affordable housing for a minimum of 30 years, secured by a deed restriction. In 2002, the property was sold, and the City Council approved a modification to the affordable housing deed restriction to enable the qualified family to secure a loan by enabling conversion of the property to market rate in the event of a foreclosure. In 2004, the City Council authorized the City Manager to amend the Subordination Agreement so the property owner could refinance the mortgage in order to expand and improve the home. Item 8.e. - Page 1 CITY COUNCIL CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND LOAN REQUIREMENTS RELATED TO THE AFFORDABLE HOUSING UNIT AT 266 ASPEN STREET NOVEMBER 13, 2012 PAGE2 Beginning in 2009, the City Council adopted a Resolution authorizing the City Manager to amend affordable housing agreements in order to prevent foreclosures and loss of deed restricted affordable units when it is verified that the seller will experience a financial loss from a sale under the provisions of the agreement. These measures were proposed in order to address the current housing market conditions. ANALYSIS OF ISSUES: This was the first single-family deed restricted affordable housing unit in the City. As a result, the terms of the affordable housing agreement are different than those approved for all the other affordable housing units in the City. For other existing agreements, the property owner is required to pay the City an amount calculated by a formula set forth in the agreement, which is based upon the difference between the market price and affordable price at the time the unit is sold if they are converted to market rate. Therefore, the City does not receive any revenue when the units are sold and converted to market rate units when the market price is less than the restricted affordable price. Since this unit includes a loan with interest secured by the promissory note, the City is owed the amount whether or not the owner is able to sell the unit for an amount more than the outstanding balance of their mortgage. As a result, it creates a potential incentive for foreclosure. Under a foreclosure, the loan to the City would probably not be repaid. In addition, the interest rate is high when compared to recent interest rates and the decline of housing prices. Other provisions were approved to avoid foreclosures with regard to other existing deed restricted units. This action does not create a precedent since no other unit has an agreement with interest provisions. ALTERNATIVES: The following alternatives are provided for the City Council's consideration: -Authorize the City Manager to amend the interest rate set forth in the promissory note and other changes to documents as necessary related to the affordable housing unit at 266 Aspen Street; Do not authorize the City Manager to make any changes to the loan requirements; Provide direction to staff. ADVANTAGES: The proposed action will help ensure the principal of the City's loan is repaid and reduce the potential of a foreclosure. DISADVANTAGES: No disadvantages have been identified. Item 8.e. - Page 2 CITY COUNCIL CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND LOAN REQUIREMENTS RELATED TO THE AFFORDABLE HOUSING UNIT AT 266 ASPEN STREET NOVEMBER 13, 2012 PAGE3 ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted in front of City Hall on Thursday, November 8, 2012 and on the City's website on Friday, November 9, 2012. No public comments were received. Item 8.e. - Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CITY MANAGER TO AMEND THE LOAN DOCUMENTS FOR THE AFFORDABLE HOUSING UNIT AT 266 ASPEN STREET WHEREAS, Parcel 2 of Parcel Map No. AG 95-068 was created in 1995 as part of a density bonus approved by the City that required the developer to commit the housing unit at 266 Aspen Street ("unit") to affordable housing for a minimum of 30 years, secured by a deed restriction; and WHEREAS, the existing promissory note requires the property owner to pay the City $30,000 with interest at an annual rate of 6% if the unit is sold and converted to an unrestricted market rate unit prior to 2032; and WHEREAS, as a result of the significant downturn in the housing market, the maximum affordable sales price for the unit is above the market rate; and WHEREAS, the market sales price of the unit will not be sufficient to pay off the existing mortgage; and WHEREAS, foreclosures result in blight and negative economic conditions and will eliminate any repayment of the loan to the City; and WHEREAS, the City Council, in an attempt to maintain the affordable housing deed restriction on affordable housing units and avoid foreclosures, deems that it is in the best interest of the City to authorize the City Manager to amend the interest rate on the loan and take other actions necessary to protect the City's investment in the unit. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that the City Manager shall be vested with the authority to protect the City's investment in the real property located at 266 Aspen Street, Arroyo Grande, by amending the interest rate and taking other actions as necessary. Item 8.e. - Page 4 RESOLUTION NO. PAGE2 On a motion by Council Member following roll call vote to wit: AYES: NOES: ABSENT: , seconded by Council Member the foregoing Resolution was passed and adopted this day of 2012. , and by the Item 8.e. - Page 5 RESOLUTION NO. PAGE3 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 8.e. - Page 6