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RESOLUTION NO. 85-48
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH APPROVING THE COMMUNITY DEVELOPMENT
COMMISSION OF MENDOCINO COUNTY'S REQUEST TO PARTICIPATE
IN THE CALIFORNIA HOUSING FINANCING AGENCY MULTIFAMILY
REHABILITATION AND INFILL NEW CONSTRUCTION PROGRAM
AND AUTHORIZING THE PROGRAM WITHIN THE CITY OF UKIAH
JURISDICTIONAL BOUNDARIES
WHEREAS, the California Housing Finance Agency ("the Agency")
intends to issue Multifamily Rehabilitation Revenue Bonds for the
purpose of establishing a program to finance the rehabilitation and
development of multifamily rental housing and infill new construction
(the "Program"); and
WHEREAS, the Community Development Commission of Mendocino County
desires to request that the Agency reserve proceeds of the Bonds and
loans for properties located within the jurisdiction of the City of
Ukiah; and
WHEREAS, the Agency requires that the local governing body approve
of a public entity's request to participate in the program and authorize
the program within the jurisdiction of the local government;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Ukiah;
1. That the Council of the City of Ukiah hereby approves the
Community Development Commission of Mendocino County's Request to
participate in the California Housing Finance Agency Multifamily Reha-
bilitation and Infill New Construction Program; and
2. That the Council of the City of Ukiah authorizes the Program
within the City of Ukiah jurisdictional boundaries.
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The foregoing Resolution was introduced by Councilmember Kelley who
moved for its adoption, seconded by Councilmember Henderson and carried
this 6th day of February, 1985 by the following roll call vote:
AYES: Councilmembers Henderson, Kier, Kelley and Mayor Myers
NOES: Councilmembwer Hickey
ABSENT: None
WHEREUPON, The Mayor declared the Resolution No. 85-48 adoped, AND
SO ORDERED.
D. Kent Payne, City Clerk
Charles G. Myers, Mayor
MEMORANDUM
DATE:
TO:
FROM:
February 6, 1985
The Honorable Mayor and Councilmembers
D. Kent Payne, City Manager
SUBJECT: RESOLUTION APPROVING CALIFORNIA HOUSING AUTHORITY TO
PARTICIPATE IN MULTIFAMILY REHABILITATION AND INFILL
NEW CONSTRUCTION PROGRAM WITHIN THE BOUNDARIES OF UKIAH
New Business - 10c ~'S~-- q ~
TO: KENT PAYNE
FROM: Becky Jondahl
I. AGENDA DATE/COMMITTEE DATE
,,~'
Agenda Title
.-...,,.-:::.,,CI.TY OF. UKIAH .- -
ACTION 'AGENDA SUMMARY
DATE SUBMITTED: 11 January 1985
REPLY NECESSARY: YES NO
INFORMATION ONLY: YES X NO
CALIFORNIA HOUSING FINANCE AGENCY RESOLUTION
Time Frame: Urgent Routine X Date Required:
II. Brief Summary:
California HOusing Finance Agency (CHFA) is in the process of selling tax exempt bonds
for the purpose of providing financing for multifamily housing.
Twenty percent of each proposed project will be set aside for low-income families. In order
to participate in this program, the City must pass a resolution allowing the Community Devel-
opment Commission to participate and authorizing the Program within the City Limits of Ukiah.
Attached you will find a summary of the above program.
Solutions:
Alternatives:
Personnel:
No City Personnel
Limited C.D.C. staff
Fiscal Impact: None.
Recommended Ac t ion/Mo t ion:
Introduce and pass attached ResolUtion.
ResoUrce Person REBECCA JONDAHL
To be Present X On Call
Phone Ext.
III.
ACTIQN
1) Approved
2) Denied
3) Referred to
4)
S)
Date of Action 6 February 1985
Approved as Revised
Committee; Calendared for
Agenda
Return to Department for Additional Information.Staff to clarify by Memo
Other
CHFA MULTIFAMILY REHABILITATION
AND INFILL NEW CONSTRUCTION.PROGRAM
PROGRAM SUMMARY
SUMMARY
The California Housing Finance Agency recently developed a Multifamily
Rehabilitation and Infill New Construction Program for use by fifteen (15)
communities in California. Under the Program, CHFA issued revenue bonds to
provide long-term financing for rental rehabilitation projects. The Agency
is planning to issue bonds in late fall 1984 for additional communities and
development. Funds will be available to localities able to use at least
$400,000 in a 12 month period beginning in the late fall 1984 The type of
loans will be as follows- ' ·
Rehabilitation Loans of at least $25,000 for existing owners for 15
years, secured by second deeds of trust; and
A~cquisition-Rehabilitation Loans of at least $50,000 for new owners for
24 years, amortized for 30 years, and secured by a first deed of trust.
New Construction Loans of at least $50,000 for development of small
renta years, amortized for 30 years
and secured by a first deed of trust. '
PROGRAM PURPOSE
·
®
Provide a steady source of tax-exempt financing for rental
rehabilitation projects and in particular to'
o finance the remaining Section 8 Moderate Rehabilitation units in
the state, while certificates are still available; and
o provide financing for communities which are participating in the
Rental Rehabilitation Grant Program, Rental Rehabilitation
Demonstration, or have ongoing CDBG or other efforts.
Provide a source of tax-exempt financing for small infill new
construction projects.
3. Enable communities to utilize statewide bond issues at a low effective
interest rate, rather than attempting to structure their own small,
separate bond issues for rental rehabilitation projects.
4. Streamline procedures so that local governments review and approve
individual projects, rather than CHFA.
HOW LOCALITIES MAY CHOOSE TO USE THE FUNDS
Localities will use the rehabilitation bond proceeds to support their local
housing efforts. Examples of how communities have used the funds in the
first issue are as follows:
.
.
Use bond proceeds to finance acquisition and rehabilitation in tandem
with remaining Section.8 Moderate Rehabilitation allocations.
Use bond proceeds in conjunction with HUD Rental Rehabilitation
Demonstration or the new Rental Rehab Grant Program.
Use bond proceeds in conjunction with CDBG supported rehabilitation
and/or Section 8 Existing to support locally designed rental ~-
rehabilitation efforts.
.
Use bond proceeds exclusively to support acquisition and rehabilitation
of projects within target areas with or without other government
subsidies.
5. Use bond proceeds to support the sale of move on properties which have
been acquired and recently rehabilitated by the locality .
6. Use bond proceeds to finance small new construction projects.
WHO HAS PART I C I PATED
Fifteen Calfornia localities are participating in this first issue. They
range in population from 5,000 to 3,000,000. Experience in rehabilitation is
generally significant, although three localities are initiating their first
rental rehabilitation effort in conjunction with the bond program. The
majority of the localities committed other resources such as CDBG and/or
Section 8 to the bond program. The selected communities are expected to use
at least $400,000 in a 12 month period.
ELIGIBILITY FOR LOANS
PROPERTY
Each property must'
.
.
0
®
be two (2) units or more after rehabilitation. In the case of new
construction, the development may not exceed 19 units;
be located within 'the selected jurisdiction and on the published TEFRA
hearing list;
provide complete dwelling units including kitchens and baths after
rehabil i tation;
include no more than 24.99% of the loan proceeds for the purchase of land;
be occupied by at least 20% low/moderate income for the life of the loan
or at least 13.5 years in the case of loans prepaid. The Agency will
establish rent levels annually for the affordable units. If the unit is
occupied by a Section 8 Certificate holder, the contract rent established
by the local Housing Authority may be charged for those units. The
"affordable units" must be representative of all other units in the
project. For example, if the development includes 40 units, 20 -2
bedroom and 20 -1 bedroom, at least 20% of both the one and two bedroom
units must be affordable for the life of the loan or at least half the
life of the longest bond;
®
®
e
Be
not have cooperatives or projects which are used on a transient basis;
not have conversions to condominium, owner occupancy or con~nerical
space for the life of the loan at least 13.5 years; and
comply with any applicable local requirements.
BORROWER/LOAN PROCEEDS
·
Borrower may not occupy the project if it is less than five (5) units.
For projects which include both acquisition and rehabilitation, at
least 15% of the total development cost must be expended on eligible
rehabilitation work.
3. Refinancing is limited to 10% of the total locality's allocation and
will be allowed only after other funds have been disbursed. CHFA
reserves the right to review and approve .all requests for refinancing.
TERMS AND CONDITIONS
·
Type of Loans - CHFA and the Bank of America anticipate offering the
following ty~es of loans-
a.
Acquisition and Rehabilitation Loans for Existing Propertj/
24 year loans (amortized for 30 years) with a fixed interest rate
of approximately 11.5% for twelve years and a reset in the
interest rate thereafter to conform to the tax-exempt bond rate at
that time.
be
Rehabilitation Only Loans for Existing Property
1.5 year loans (fully amortizing) with a fixed interest rate of
approximately 11.5%.
c. New Construction Loans
24 year loans (amortized for 30 years) with a fixed interest rate
of approximately 11.5% for twelve years and a reset in the
interest rate thereafter to conform to the tax-exempt bond rate at
that time.
The specific loan rate will be determined at the time of bond closing.
The procedures for reset of the interest rate will be established by
CHFA and the Bank of America prior to bond sale. The amount of the
reset will be tied to an index which is representative of the
tax-exempt bond rate.
~Origination Fee - 3% of the loan amount plus all loan costs such as the
appraisal, title insurance, and recording fees by the lender.
Loan to Value Ratio - 75%
Debt Service Ratio - 1.20%- all projects, except:
1.15%- projects which utilize any government
subsidy such as CDBG, Section 8, Rental
Rehab or local contributions.
4. _Prepayment/Assumptions
ae
All loans are assumable subject to approval of the new borrower by
CHFA and the Bank of America.
be
Any and all loans may be prepaid. It is expected that a
prepayment penality of 1% of the outstanding loan amount will be
charged for the'first five years. The regulatory requirements are
a covenant on the property and continue to exist in the event of a
prepayment for at least 13.5 years from the date of loan closing.
ROLES AND RESPONSIBILITIES
CHFA
The Agency will be responsible for working with Bank of Ameri'ca and selected
local governments in designing the program and issuing bonds. Tasks include
coordination of all facets of the bond issue.
Ongoing responsibilities include-
ao
be
ce
de
monitoring both the lender and local governments to insure that loans
are made in a timely manner;
insuring that local governments comply with all the program
regulations, including direct monitoring of affirmative action for
projects with construction costs of $250,000 or more, and prevailing
wage for projects with construction costs of $400,000 or more;
loan review in special cases such as loans which include refinancing
and/or commerical space;
providing technical assistance to local governments to insure that the
monies are spent quickly and in accordance with the purposes of the
program; and
e. enforcement of regulatory agreement requirements when appropriate.
LOCALITY
Each local government is responsible, prior to bond issuance for identifying
projects, determining how they would use the program in conjunction with
other local housing efforts and provisions of a commitment fee equal to 3.5%
of the bond proceeds set aside for that locality.
Ongoing responsibilities include.
a®
be
ce
marketing and initial project identification;
determining initial eligib(lity and any local subsidy;
compliance with federal, state and local guidelines, including
affirmative action, federal prevailing wage compliance,
anti-displacement/relocation and other applicable requirements;
d~
infusion of local resources such as CDBG Rental Rehabilitation and
Section 8 when available; and
eo
monitoring at least annually, developer compliance with the Regulatory
Agreement.
LENDER
The Bank of America, as the lender, is responsible for both the credit
enhancement used to secure the bond issue and actual origination and
servicing of all loans.
The investor working with the local government prepares a loan package which
is submitted to the Bank of America for underwriting and loan origination.
Since the bank is ultimately at risk for all credit decisions made by them,
the bank has final responsibility for l'oan processing and servicing.
The roles of each branch of the bank and the local government varies from
one locality to the next, depending on to what extent thie local government
chooses to be involved in loan processing and construction.
RESOLUTION No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH APPROVING THE COMMUNITY DEVELOP-
MENT COMMISSION OF ~'~NDOCINO COUNTY'S RE-
QUEST TO PARTICIPATE IN THE CALIFORNIA HOUS-
ING FINANCING AGENCY MULTIFAMILY REHABILITA-
TION AND INFILL NEW CONSTRUCTION PROGRAM AND
AUTHORIZING THE PROGRAM WITHIN THE CITY OF
UKIAH JURISDICTIONAL BOUNDARIES
WHEREAS, the California Housing Finance Agency ("the Agency")
intentds to issue Multifamily Rehabilitation Revenue Bonds for the
purpose of establishing a program to finance the rehabilitation and
development of multifamily rental housing and infill new construc-
tion (the "Program"); and
WHEREAS, the Community Development Commission of Mendocino Coun-
ty desires to request that the Agency reserve proceeds of the Bonds
for loans for properties located within the jurisdiction of the City
of Ukiah; and
WHEREAS, the Agency requires that the local governing body app-
rove of a public entity's request to participate in the program and
authorize the program within the jurisdiction of the local government;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Ukiah:
1. That the Council of the City of Ukiah hereby approves the
Community Development Commission of Mendocino County's Request to
participate in the California Housing Finance Agency Multifamily
Rehabilitation and Infill New Construction Program; and
2. That the Council of the City of Ukiah authorizes the Program
within the City of Ukiah jurisdictional boundaries.
The foregoing Resolution was introduced by Councilmember
who move for its adoption, seconded by Council-
member and carried this ~day of , 1985
by the following roll call vote:
AYES: