HomeMy WebLinkAboutMINUTES - 12061988 - 1.68 TO: REDEVELOPMENT AGENCY Contra
FROM: PHIL BATCHELOR, CWIa
EXECUTIVE DIRECTOR County
DATE: November 23 , 1988
SUBJECT: Housing Activities of Redevelopment Agencies in Contra Costa County
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ACCEPT REPORT . from Redevelopment Director on the housing activities
of redevelopment agencies in Contra Costa County.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Community Redevelopment Law includes three requirements related to
the provision of affordable housing (these apply to redevelopment
plans adopted or amended after January 1, 1976) ; 1) replacement of
low and moderate income housing units removed as a result of
redevelopment activities on a one-for-one basis; 2) 150 of units
developed be affordable to low and moderate income of which 400
must be affordable to very low income: and 3 ) 300 of all units
developed by the agency must be affordable to low and moderate
income of which 50% must be affordable to very low income. To
accomplish this, Redevelopment Law requires that 200 of all tax
increments be set-aside to provide housing affordable to
low/moderate income households. While this previously applied only
to project areas formed after January 1, 1976, recent amendments
now require that the tax increments be set aside for housing in all
redevelopment projects.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF GENCY COMMITTEE
APPROVE OTHER !
SIGNATURE(S) :
ACTION OF AGENCY ON December 6, 1988 APPROVED AS RECOMMENDED X OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT
AGENCY ON THE DATE SHOWN.
cc: Redevelopment Director ATTESTED December 6, 1988
PHIL BATCHELOR,
AGENCY SECRETARY
BY I AAA
b , DEPUTY
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At. the direction of the Board, Agency staff has compiled a summary
report on the housing activities of redevelopment agencies in the
County. The report is attached. The following general conclusions
can be made with respect to this activity:
1. Redevelopment Agencies continue to be active and interested in
assisting affordable housing programs for low and moderate income
households;
2. Redevelopment Agencies see their proper role as financing
permanent housing affordable to low and moderate income
households; and
3 . Redevelopment Agencies are limited by State Law and the State
constitution in using tax increments for regional facilities,
such as facilities serving the homeless.
Re'devE lopment AgencyContra 1_055 Commissioners
Tom Powers
•/ County Administration Building Costa 1st D:str ct
651 Pine St.,4th Mr.,North Wing J Nancy C.Fanden
Martinez,California 94553 County 2nd District
Phil Batchelor Robert I.Schroder
Executive Director 3rd D:svict
Harvey E.Bragdon Sunne Wright McPeak
4th District
Assistant Executive Director
Tom Torlakson
James Kennedy 5th District
Deputy Director-Redevelopment
(415)646-4076
TO: Board of Supervisors DATE: November 28, 1988
Housing Authority Advisory Housing
Commi ssi on... - ---
FROM: Jim Kennedy-----)
Deputy Direct Redevelopment
SUBJECT: :Reporon�County Redevelopment Agencies' Tax Increment Set-Aside for
Lir and t- Moderate Income Housing
At the request of your Board, the County Redevelopment Agency hosted a meeting
on September 19th of Redevelopment Agency staffs to discuss affordable housing
efforts. The purpose of the meeting was to exchange information on
Redevelopment Agencies' efforts to provide low and moderate income housing,
particularly as they relate to a state requirement for 20% tax increment
set-asides for low and moderate income housing. Discussion at the meeting also
focused on the potential for use of tax increment funds for homeless shelters
and transitional housing. Nine of the 15 redevelopment agencies were
represented at the meeting.
The following general conclusions can be made:
1. Redevelopment Agencies continue to be active and interested in
assisting affordable housing programs for low and moderate income -
households;
2. Redevelopment Agencies see their role as financially assisting
permanent housing affordable to low and moderate income households_;
and
3. Redevelopment Agencies will resist the use of tax increments for
regional facilities serving the homeless due to constitutional
problems.
County staff followed up the meeting with a survey of specific affordable
housing projects and programs funded out of redevelopment tax increment dollars,
which represent each redevelopment agency's efforts to meet the state's 20% "set
aside" requirements.
Redevelopment agencies finance their programs, including housing, with tax
increment funds. These are funds generated from the increase in assessed value
resulting from new development within a designated redevelopment area. The
assessed value of any land and improvements at the time a redevelopment plan is
adopted provides a base value. Any taxes generated, which are based on an
increase in the assessed value of property within a redevelopment area,
represent the "tax increment" paid to the redevelopment agency to finance
activities within the redevelopment area. Generally, it takes at. je4st several
years for new development to generate significant tax increments after a
redevelopment area is created. Redevelopment programs, including housing
activities, are frequently financed by the sale of bonds. Future tax increments
are pledged to repay the bonds. The sale of these "tax allocation bonds" is
generally limited to amounts that can be secured by tax increment existing at
the time of sale. The issuance of tax allocation bonds for anything other than
public infrastructure is severely limited by recent tax law changes.
Community Redevelopment Law includes three requirements related to the provision
of affordable housing (these apply to redevelopment plans adopted or amended
after January 1, 1976) : 1) replacement of low and moderate income housing units
removed as a result of redevelopment activities on a one-for-one basis; 2) 15%
of units developed be affordable to low and moderate income of which 40% must be
affordable to very low income; and 3) 30% of all units developed by the Agency
must be affordable to low and moderate income of which 50% must be affordable to
very low income. To accomplish this Redevelopment Law requires that 20% of all
tax increments be set-aside to provide housing affordable to low/moderate income
households. While this previously applied only to project areas formed after
January 1, 1976, recent amendments now require that the tax increments be set
aside for housing in all redevelopment projects. The rate at which tax
increments must be set aside for housing is dependent on previous debt
obligations of :the Agency; therefore, funds will be available in different time
frames. Redevelopment law permits exemptions for redevelopment project areas
which have adopted certain findings, including 1) that no need for such housing
exists, 2) that less than 20% is necessary to meet the need,_ 3) that a
substantial effort is already being made to meet the need, or 4) that existing
obligations or needs to complete specific projects do not' permit the 20% set
aside. Because of these exemptions, not all redevelopment areas will have the
20% set aside requirement.
Attachment A describes the efforts of each Redevelopment Agency in Contra Costa
County to provide low and moderate income housing opportunities. Attachment B
presents a table of the number of affordable units in different income
categories that are being provided by redevelopment funds. Of the 15 agencies
in Contra Costa County, 8 have 20% set aside funds. Of these, 3 have committed
funds for low and moderate income housing, 6 have projects in the planning
stages, and 1 has a very small amount of funds (i .e. , only $20,000) . Of the
redevelopment areas which did not have 20% set aside funds, most are planning
affordable housing projects in anticipation of future funds. Several agencies,
Concord, El Cerrito, and San Pablo, have committed funds for affordable housing
which far exceed the state requirements. A significant amount of funding for
affordable housing has been generated by tax increment funds to date. We can
expect a substantial increase in funds as recently formed redevelopment agencies
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begin to generate tax increment funds and as the new state requirement for the
20% set aside applies to redevelopment areas which were previously exempt.
The redevelopment agency staffs discussed at the September 19th meeting the
potential for using redevelopment funds for homeless shelters or transitional
housing. There were two legal/political concerns raised: 1) whether
redevelopment agenc'ies are authorized to spend the 20% set aside funds for
homeless shelters and 2) whether tax increment funds may be spent -Ma homeless
facility which is -outside of a redevelopment area. The Community Redevelopment
Agencies Association' s Board of Directors recently determined that they could
not support such legislation. The basis for the opposition is not opposition to
homeless facilities, but rather are constitutional and political concerns. The
state constitutional section authorizing tax increment financing requires that
funds be expended in the project area where the tax increments were generated.
Politically, limitations on the authority for expenditure of tax increments is
desired by both redevelopment agencies and other taxing entities who are
foregoing property tax revenue for redevelopment functions.
Not discussed at the September 19th meeting but of tremendous importance to
redevelopment agencies is recent legislation, AB 4567, effective January 1,
1989, which specifically authorizes redevelopment agencies to use housing funds
to preserve publicly assisted or subsidized, low income rental housing which are
threatened with conversion to market rates. The problem which is facing
communities nationwide, is that owners of federally assisted low income rental
projects are allowed to prepay mortgages and terminate rent subsidies. Under
the HUD Section 236 and 221(d)3 and FmHA Section 515 programs, for-profit owners
can usually repay mortgages after 20 years. Under the Section 8 rent subsidy
program, owners usually have the option to opt out of the program every 5 years.
As changes in federal tax legislation have decreased the available tax shelters
or as tax she-lters expire, participation in federal subsidy programs has become
less attractive to many owners of well maintained buildings in areas with high
rents. The result is that owners can raise rents to market levels or convert to
condominiums or other uses and involuntarily displace the low income residents.
A U.S. General Accounting Office prediction gives an indication of the magnitude
of the problem nationwide. They estimate that 1.8 million federally assisted
rental units may be lost by the year 2000, or 90% of all such units. Contra
Costa County could lose 3,786 low income units by the year 2008, according to-a
list developed by the California Coalition for Rural Housing Project, based on a
HUD database of all low income rental units subject to termination of federal
mortgages or rent subsidies.
Almost 1,000 units (970) may be converted within the next two years, with as
many as 2,518 units up for conversion within 5 years. 31%, or 1,104, of these
units are occupied by seniors and the handicapped. 42 units (6 in Concord and
36 in Walnut Creek) have already converted to market rates. 2,045 (or 55% of
the 3,786 units) of the units threatened are in redevelopment areas, according
to the redevelopment agencies in Contra Costa County.
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Federal legislation has helped to slow down the potential conversions on an
interim basis. In 1986, a moratorium was placed on mortgage prepayments under
the Farmers Home Administration (FmHA) Section 515 program. Subsequent
legislation, the Federal Housing and Community Development Act of 1987
prohibited owners of low income housing from prepaying HUD below market-rate
mortgages without HUD' s approval , based on a Plan of Action. These plans are
required to demonstrate that the low income residents will not be displaced or
experience economic hardship as a result of the conversion,, __ While the
legislation intended to provide financial incentives for owners to maintain low
income affordability, the necessary funding was not approved. Without the
necessary federal funding to preserve these low income units, much of the burden
may be placed on local communities to use the funds they have available.
Because of the severity of the problem of the potential loss of low income
rental units and the sizable portion of these units which fall within
redevelopment area boundaries, redevelopment funds may be an important source of
assistance to preserve these low income units.
Source materials:
1) American Planning Association, Tax Increment Financing, December, 1984.
2) Community Redevelopment Agencies Association, Seminar III , Introduction to
Redevelopment, September 17, 1987 seminar materials.
3) County of Contra Costa, Community Development Department, Primer on
Redevelopment.
4) Northern California Association for Non-Profit Housing, Low Income Housing
Preservation Project (with Contra Costa County as one of cosponsors) ,
Endangered Species: The Threat to Affordable Housing in the East and North
Bay, June 30, 1988, conference materials.
5) State of California, Housing and- Community Development Department,
Redevelopment Agencies in California: The Effect of 'Their Activities on
Housing, FY 1986-87, April , 1988.
6) Warren, Gorham and Camont, Housing and Development Reporter, October 3,
1988.
7) Wiener, Robert, "Grappling with the Loss of Federal Housing Subsidies,"
Western City, July 1988.
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Tax Increment Spending for Affordable Housing
in Contra Costa County
Attachment A
Antioch
While Antioch Redevelopment Agency has not received any tax increment set aside
funds, it is planning a 300 unit senior congregate care facility which would be
100% affordable to low and moderate income households.
Brentwood
With a current balance of $98,000 of set-aside funds for affordable housing,
Brentwood Redevelopment Agency is anticipating a total of $160,000 of set-aside
funds by June, 1989. Brentwood is considering commitments beyond this $160,000
for three projects in the planning stages: 1) $50-60,000 in infrastructure
improvements for a farmworker housing project, 2) capital improvements and rent
subsidies for a 28 unit senior low to moderate income project, and 3) a land
donation and $100,000 of financing assistance for a 20 unit senior project.
Clayton
Clayton Redevelopment Agency has no tax increment set-aside money and has no
specific plans at this time for affordable housing projects utilizing
redevelopment funds.
Concord
While Concord-, Redevelopment- Agency has been exempt from the 20% set aside
requirement since its redevelopment area was incorporated in 1974, it has spent
$5,736,000 on affordable housing projects. They include:
1) $120,000 for housing counseling -in 1987/88 and 1988/89,
2) $144,420 for a Homeownership Opportunities program providing 2nd
mortgages for downpayments,
3) $3,948,000 of loans, land donation and syndication fees and $144,420
for taxes for a 96 unit lower income rental project for senior and
handicapped (supplementing $150,000 of CDBG money, $4,627,000 of CHFA
low interest loan, and $335,580 of private syndication contribution) ,
4) $429,000 land writedown for 22 moderate income units in the 87 unit
Broadway Plaza Condos, supplemented by County mortgage revenue bond
financing,
5) $310,000 land writedown for 9 moderate income units in the 45 unit
Park Terrace Apts. project, and
6) $226,000 land writedown, $150,000 10 year deferred payment for land,
$200,000 low interest construction financing, and $44,000 revenue bond
fees for 14 moderate units in the 72 unit Broadway Apts. project.
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Also, in the planning stages are commitments to a 150 unit senior project and a
20 unit developmentally disabled project to provide affordability to low and
moderate income households.
Contra Costa County
The County has three redevelopment project areas - Pleasant Hill BART, North
Richmond, and West Pittsburg. Only the Pleasant Hill BART Station, project Area
has generated ta* increments to date. Approximately $420,000 in housing
set-aside has been generated to date. The Agency expects to commit these funds,
plus all future tax increments generated by an 892 unit apartment complex, to
said project to realize the Agency's affordability goals. The Agency' s
affordability goals are tighter than state law requirements, i .e. , the Agency is
requiring 6% of the project (54 units) to be reserved for very low income (as
required by state law) and 9% of the project (81 units) for moderate income at
the Section 8 existing rent subsidy program's Fair Market Rents, which is more
restrictive than state law.
Even though the North Richmond Project Area has yet to generate tax increments,
the Agency is involved in a 7-unit infill housing development targeted to lower
income homebuyers. , Families with incomes of around $20,000 will be able to
achieve homeownership through a land subsidy and equity sharing mechanism.
County CDBG funds are being used to achieve the affordability goals. The Agency
is pursuing other affordable housing opportunities in both North Richmond and
West Pittsburg at this time.
Danville
As of last year, Danville Redevelopment Agency has accumulated $56,000 of tax
increment set -aside funds. The Redevelopment Agency is planning to subsidize a
50 unit senior project affordable in part to low and moderate income residents.
E1 Cerrito . _
The E1 Cerrito Redevelopment Agency has contributed $675,_000 for 63 very low
income units in the Eskaton-Hazel Shirley Manor and $565,000 for 30 very low and
20 low income units in the 103 unit . El Cerrito Royale project. They are also
considering a $1.2 million land writedown for a 125 unit, 20% moderate income
project. They have been able to exceed their 20% set-aside requirement.
Hercules
Hercules Redevelopment Agency has committed its $80,000 set aside funds to a
deferred payment 2nd mortgage program to provide mortgage assistance to moderate
income households.
Pinole
Pinole Redevelopment Agency will have accumulated $500,,000 in set-aside funds by
end of this year. " They are hiring a consultant to develop a plan for the
allocation of these funds within the next year.
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Pittsburg
Pittsburg Redevelopment Agency has only accumulated $20,000 of set aside funds
to date and has no specific plans at this time for commitments to affordable
housing projects.
Pleasant Hill
Pleasant Hill Redevelopment Agency has $200,000 of set-aside funds 'which they
intend to use for interest writedowns for home repair loans.
Richmond
While Richmond Redevelopment Agency has had no set-aside funds, they intend to
contribute redevelopment funds for a land writedown for a 267 unit moderate
income project to be developed by BRIDGE, a non-profit housing development
corporation. They also intend to develop a rehabilitation loan program using
redevelopment funds.
San Pablo
San Pablo Redevelopment Agency has not had any set-aside funds but has
contributed a large amount of redevelopment funds to affordable housing
projects. In addition to utilizing $742,000 to construct a mobile home park for
relocation purposes, San Pablo Redevelopment Agency has assisted 753 units
through mortgage revenue bond financing totaling $56,384,232 for 4 bond issues
between 1978 and 1983. They have also donated land to the 68 unit low income
Runrill Gardens project.
San Ramon
While San Ramon has not had any set-aside funds, they are considering using
redevelopment funds to achieve affordability in projects_ . representing
approximately 600 units.
Walnut Creek
Walnut Creek is exempt from the state set-aside requirement and has no specific
plans for redevelopment funding of affordable housing at this time.
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