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HomeMy WebLinkAboutRDA 02 HSNG DEFICIT 05-01-00AGE .;DA RDA NO. 2 05-01-00 _ I n t e r- C o rn DATE: MAY 1, 2000 TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY STAFF THE HOUSING DEFICIT REDUCTION PLAN FOR THE TOWN CENTER REDEVELOPMENT PROJECT AREA. SUMMARY: Agency approval is requested of a revised Housing Deficit Reduction Plan for the Town Center Redevelopment Project Area. RECOMMENDATION It is recommended the Agency adopt Resolution No. RDA 00-4 approving the proposed Housing Deficit Reduction Plan for the Town Center Redevelopment Project Area. FISCAL IMPACT This action will have no fiscal immediate impact on the Redevelopment Agency. State Law requires the Agency to adopt a Deficit Reduction Plan outlining its plan for the repayment to the Low and Moderate Income Housing Fund. This Plan does not appropriate Agency funds at this time, but it would require the Agency to appropriate Agency funds in the future. DISCUSSION Section 33334.6 The California Redevelopment Law (CRL) requires that not less than 20% of the taxes allocated to a redevelopment agency from a project area for the 1985-1986 fiscal year and each succeeding fiscal year shall be deposited into the Low and Moderate Income Housing Fund. When Section 33334.6 of the CRL was enacted in 1985 it provided a ~ace period wherein an agency was able to defer deposits into the Housing Fund to allow an agency to fund the completion of pre-existing plans, programs and activities. The Tustin Community Redevelopment Agency elected to defer deposits to the Housing Funds for the Town Center Redevelopment Project Area from 1986-87 to 1991-92, resulting in a deferral of $2,776,042 in deposits to the Housing Fund and a future obligation for payment into the fund. Section 33334.6(g) of the CRL provides that if an agency deposited less than 20% of the taxes allocated to it for the 1985-86 fiscal year and any subsequent fiscal year, the amount equal to the difference between 20% of the taxes allocated to an agency for each affected project and the amount deposited that year shall constitute a deficit of the project. The CRL required an agency to adopt a plan to eliminate such deficit in subsequent years as determined by the agency. The Tustin Community Redevelopment Agency adopted a Deficit Reduction Plan for the Town Center Redevelopment Project Area on February 1, 1993. However, several intervening events served to make it infeasible for the Agency to meet the deficit reduction schedule outlined in the previously adopted plan. These events included the enactment of state legislation severely curtailing the Agency's time limits for financing non-housing projects, programs and activities, and less than previously expected tax increment revenues in the Town Center Project. William A. Huston Revised Housing Deficit Reduction Plan May 1,2000 Page 2 The proposed Deficit Reduction Plan would replace the previously adopted Deficit Reduction Plan in its entirety and covers the entire existing deficit to the Town Center Housing Fund. The proposed Deficit Reduction Plan outlines a specific plan for the repayment of the Agency's current deficit to the Housing Fund. The intent of the Plan is to provide for the repayment of the deficit to the Housing Fund as soon as practical, while simultaneously protecting the Agency's ability to complete its plans, pro,ams and activities for the Project Area that are not housing related. The proposed Deficit Reduction Plan is designed to be flexible in nature and provide a workable framework for the repayment of the deficit whether future tax increment revenue lags below expectation, or increases at a more robust pace. The proposed Plan establishes a formula that provides in any given year that the Non-Housing Tax Increment Revenues equals at least 125% of annual obligations in the Town Center Project Area, then the Agency will make a deposit to the Housing Fund to relieve, in whole or in part, the Housing Deficit. Such deposits, if any, would equal 20% of the'net tax increment revenue available after annual obligations of the Agency including debt service on bonds, notes and other borrowings and administrative costs. The Agericy's recently adopted Five Year Implementation Plan for the Town Center Redevelopment Project identified that tax increment revenues are not anticipated to be sufficient to fully fund all of the plans, programs and actMties included in the Implementation Plan. As a result, no deposits are proposed to relieve the deficit prior to the expiration of the current Implementation Plan in 2004-05 so that the Agency may concentrate its energy and resources over the next five years on unfinished non-housing plans and programs. Table 1 in the proposed Deficit Reduction Plan shows that the housing deficit can be adequately addressed in subsequent years. While Table 1 reflects a conservative repayment schedule, the Agency at a future time may consider escalation of the repayment schedule through a future bond issue. A portion of the bond issue proposed in the Implementation Plan for low and moderate income housing programs and projects could be secured and repaid by non-housing tax increment revenues to reduce or cure the deficit portion of the bond proceeds that would be deposited into the Housing Fund. The Housing Deficit Reduction Plan for the Town Center Redevelopment Project Area is attached for the Agency review. Staff will be available at the Agency meeting to answer any questions the Agency may have. Christine Shingle~ Assistant City Manager JS earffin ieoSrDraugh°n ('Project- Ma~er JD:kd\ToxmCenter~Deficit Plan.doc RESOLUTION NO. RDA 00-4 10 12 13 14 20 21 22 24 25 26 27 28 29 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE HOUSING DEFICIT REDUCTION PLAN FOR THE TOWN CENTER REDEVELOPMENT PROJECT AREA. The Community Redevelopment Agency of the City of Tustin does hereby resolve as follows: WHEREAS, the Community Redevelopment Agency of the City of/ustin (the "Agency") has adopted a Redevelopment Plan for the Town Center Project Area; and WHEREAS, Section 33334.2 of the California Community Redevelopment Law (Health and Safety. Code Section 33000 et seq.) requires that not less than twenty percent (20%) of the taxes allocated to the agency from project areas be used for the purpose of increasing, improving and preserving the community's supply of Iow and moderate income housing available at affordable housing cost; and WHEREAS, Section 33334.6(c) of the California Community Redevelopment Law requires that, except as othem'ise permitted by Section 33334.6(d) and (e), not less than twenty percent (20%) of the taxes allocated to the agency from project areas for the 1985-86 fiscal ,,'ear and each succeeding fiscal year shall be deposited into the Low and Moderate Income Housing Fund and use for the purposes set forth in Section 33334.2; and WHEREAS, Section 33334.6(g) of the California Community Redevelopment Law requires that the agency adopt a plan to eliminate the deficit in subsequent years as determined by the agency if, pursuant to Section 33334.6(d) and (e) the agency deposits less than twents' percent (20%) of the taxes allocated to the agency in the 1985-86 fiscal year or any subsequent fiscal year for each affected project area; and WHEREAS, the Agency, on February 1, 1993, approved a Housing Deficit Plan for the repayment of deferred deposits to the Housing Fund for the Town Center Project Area from 1986-87 to 1992-93 pursuant to Section 33334.6 (d) and instructed staff to begin making deposits to the Housing Fund in fiscal year 1992-93. NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Housing Deficit Reduction Plan for the Town Center Redevelopment Project Area attached hereto as Exhibit "A" is hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency, held on the Ist day of May, 2000. Jeffery M. Thomas Redevelopment Agency Chairman PAMELA STOKER Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS RESOLUTION NOo RDA 00-4 Pamela Stoker, Recording Secretary of the Tustin Community Redevelopment Agency of the City of Tustin, California, does hereby certify that the whole number of the members of the Tustin Community Redevelopment Agency is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the Tustin Community Redevelopment Agency held on the 1 ~ day of May, 2000, by the following vote: AGENCY MEMBER AYES: AGENCY MEMBER NOES: AGENCY MEMBER ABSTAINED: AGENCY MEMBER ABSENT: Pamela Stoker, Recording Secretary HOUSING DEFICIT REDUCTION PLAN PURSUANT TO SECTION 33334.6 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW TOWN CENTER REDEVELOPMENT PROJECT AREA Tustin Community Redevelopment Agency Tustirk California Adopted ,2000 INTRODUCTION This document represents the Housing Deficit Reduction Plan ("Deficit Reduction Plan" or "Plan") for the amended Redevelopment Plan for the Town Center Area Redevelopment Project in the City of Tustin. This Deficit Reduction Plan replaces the previous Deficit Reduction Plan in its entirety and covers the entire exisffng deficit to the Housing Fund. The Deficit Reduction Plan has been prepared by the Tustin Community Redevelopment Agency (the "Agency") in compliance with the California Community Redevelopment Law (the "CRL'). The CRL requires that no less than 20% of the tax increment revenue generated in any redevelopment project area be deposited into a separate fund to be used for the purpose of increasing and improving the supply of low and moderate income housing (the "Housing Fund"). This requirement began to apply to redevelopment project areas adopted before 1977 in 1985, when retroactive legislation was enacted (Section 33334.6 of the CRL). Section 33334.6 requires that redevelopme.nt agencies with pre-1977 projects begin making deposits to the Housing Fund starting in fiscal year 1985-86. The legislature recognized the financial hardship that this new requirement might have on some redevelopment project areas by allowing redevelopment agencies up to ten years to begin to make these deposits if funds were otherwise needed to complete planned projects in an orderly fashion or to repay preexisting obligations. Any amounts that were not deposited to the Housing Fund during this time period, however, became a deficit to the Housing Fund. Redevelopment agencies that have these deficits to the Housing Fund are required to adopt a plan to eliminate the deficit in future fiscal years. This Deficit Reduction Plan is intended to be a policy statement to assure that the deficit to the Housing Fund is repaid. While projections of specific future annual deposits are included herein, such amounts should be considered current best estimates only. Actual deposits to the Housing Fund will be governed by actual future financial conditions of the Project and the Agency. Further, amounts payable to the Housing Fund, if any, pursuant to this Deficit Reduction Plan are subordinate to all current obligations of the Agency, and any future bonds, notes or other debt issued by or on behalf of the Agency. This Deficit Reduction Plan may be amended at any time by action of the Redevelopment Agency. BACKGROUND The Project Area The Town Center Redevelopment Project Area is located in central Tustin and incorporates the historic "Old Town" and civic center as well as a majority of the commercial properties within the central portion of the City. The Town Center Project Area contains many of the City's retail and office jobs and is the center of goods and services that serve the greater Tustin area. The Project Area is comprised of primarily commercial uses (approximately 90% of the Project Area land use). Relatively few residential uses exist within the Project Area. The Redevelopment Plan for the Town Center Redevelopment Project Area was adopted on November 22, 1976 (Ord. No. 701). The Redevelopment Plan has been amended twice, on September 8, 1981 and March 20, 1989 (Ord. Nos. 855 and 1021) to revise and update certain elements of the Redevelopment Plan. On November 21, 1994, the Redevelopment Plan was amended a third time to conform the time limits of the Redevelopment Plan to the provisions of newly adopted legislation, Califomia Assembly Bill 1290 (Ord. No. 1141). As the Town Center Project was initially adopted prior to 1977, it was not subject to the 20% housing set aside requirement until 1985 when the retroactive legislation was enacted (Section 33334.6 of the CRL). As outlined above, that legislation provided a grace period wherein the Agency was able to defer deposits into the Housing Fund to allow it to fund the completion of pre-existing plans, programs and activities. The Agency elected to defer deposits to the Housing Fund for the Town Center Project from 1986-87 to 1991-9Z resulting in a deficit of $2,776,042. The South Central Redevelopment Project was adopted after 1977 and therefore was not allowed to defer its housing set-aside deposits under the 1985 legislation. Housing Deficit Reduction Plan History In February 1993, the Agency adopted a Housing Deficit Reduction Plan for the Town Center Project as required by law. That Deficit Reduction Plan was based on a cash flow projection for the Project, which reflected estimates that deposits to the Housing Fund to relieve the deficit could commence in 1996-97. Since that time, however, a number of events have occurred which have inhibited the Agency's ability to meet the projected payment schedule outlined in the Deficit Reduction .Plan. First in 1994, legislation was enacted, commonly known as AB 1290, that severely curtails the length of time that the Agency has to finance projects, programs and activities for the Project Area. Second, economic conditions not apparent when the initial Housing Deficit Reduction Plan was adopted have not only thwarted the Agency's ability to implement a shorter completion time frame, but have made meeting preexisting obligations a challenge. AB 1290 provides that after 2004, the Agency will not be able to incur debt for the Project. As redevelopment is, by definition, financed through the repayment of debt, the Agency's activities after 2004 will be limited to those projects that it was able to finance by the 2004 deadline. Previously, the Agency could incur debt for the Project at any time through 2019. Because of this new deadline, in 1994 the Agency essentially needed to accelerate the completion of its redevelopment program to a 10-year ffmeframe from a potential 25-year time frame. When the Housing Deficit Reduction Plan was adopted in early 1993, southern California was in a recession. Property taxes were being impacted somewhat by appeals, but were still partially insulated because the provisions of Proposition 13 (enacted in 1978) kept the assessed values for many properties substantially under the true market value. Further, it was anticipated that the recession would end soon and that property values would return to normal patterns for California. Historically, such recessions were characterized by a slowing or slight reduction in property values, followed by periods of rising values. Clearly, that did not happen with this recessionary cycle. The duration of the downturn and the significant impact it made on property values throughout the region was essentially unprecedented. It was infeasible for the Agency to meet the deficit reduction schedule outlined in the previous Housing Deficit Reduction Plan for several reasons. First, tax increment revenues decreased rather than increased as anticipated in the previous Plan, and are only now returning to previous levels. For the current fiscal year, 1999-00 tax increment revenues are still slightly lower that tax increment revenues received 7 years earlier (1992-93). Second, the Agency began meeting its "new" Housing Set-Aside obligation in 1992-93, the commencement of a period of declining tax increment revenues. This left less discretionary tax increment available than previously projected for other Project obligations. Finally, the Agency issued bonds in 1991 predicated on assumptions of continued strong growth in tax increment revenues and the ability to defer the Agency's housing set-aside requirement for several more years. When actual revenues declined rather fftan increased, the result has been that bond debt service comprises a disproportionate share of annual tax increment receipts. Because of the factors outlined above, the Agency has just been able to meet existing obligations and has had little money available for other purposes, including repaying the deficit to the Housing Fund or funding the completion of its redevelopment program in the Town Center Project Area. As a result, the Agency's implementation of the Town Center Project has not progressed as quickly as previously anticipated. The implementation of these projects, many of which have long been delayed, will need to take priority over repayment of the Housing Deficit, at least until after 2004. THE REPAYMENT PLAN This section of the Deficit Reduction Plan outlines the specific repayment plan adopted by the Agency for the repayment of the Agency's current deficit to the Housing Fund. The intent of the Plan is to provide for the repayment of the deficit to the Housing Fund as soon as practical, while simultaneously protecting the Agency's ability to complete its plans, programs and activities for the Project Area that are not housing related. Further, it is desired that the Deficit Reduction Plan be flexible in nature and provide a workable framework for the repayment of the deficit whether revenues growth is stagnant, or increases at a more robust pace. The Deficit Reduction Formula No deposits are required to relieve the deficit prior to the expiration of the term of the current Implementation Plan in 2004-05. As outlined in the Agency's recently adopted Implementation Plan, tax increment revenues are not anticipated to be sufficient to fully fund all of the plans, programs and activities included in the Implementation Plan. In addition, the Agency only has until 2004 to incur non- housing debt, although debt incurred for low- and moderate-income housing purposes can be established beyond that timeframe. Under the CRL, all tax increment revenues must be used to repay debt. As such, debt issuance is the cornerstone of program implementation in the redevelopment process. Therefore, the Agency will concentrate its energy and resources over the next five years (through 2004-05) on unfinished non-housing plans and programs. The Housing Deficit can be adequately addressed in subsequent fiscal years. A formula has been established for the repayment of the Housing Deficit. Using a formula provides greater flexibility for the Plan that can still be applicable should tax increment revenues be significantly higher or lower than amounts currently projected. The formula is as follows: In any given year that Non-Housing Tax Increment Revenues equal at least 125% of Annual Obligations, then the Agency will make a deposit to the Housing Fund to relieve, in whole or in part, the Housing Deficit. The amount of the deposit should equal 20% of the Net Tax Increment Revenue available. Capitalized terms used above have the meanings shown below: Annual Obligations: Means all actual current and future annual obligations of the Agency to be repaid from Non-Housing Tax Increment (exclusive of the Housing Deficit), including debt service on bonds, notes and other borrowings and administrative costs. Net Tax Increment Revenue: Means total actual annual Non- Housing Tax Increment receipts for the Town Center Project, less Annual Obligations. Non Housing Tax Increment Revenues: Means actual annual tax increment revenues received from the Project Area, less the annual 20 percent housing set-aside requirement. An example of the calculation of net tax increment revenues for a hypothetical future fiscal year is as follows: Fiscal Year Description 2014-15 Non-Housing Tax Increment Revenues $ 3,917,401 Less Annual Obligations: Debt Service - 1998 Bonds 1,670,000 Debt Service - 2004 Bonds 980,000 Annual Administrative Costs 269,174 Net Tax Increment Revenues 998,227 Percentage Due for Deficit Reduction 20 % Housing Defidt Reduction Payment $199,645 No deposits are required in any year that Non-Housing Tax Increment Revenues do not achieve the 125 % threshold. The amount of the deficit as of April 1, 2000 is $2,776,042. Once the Agency has deposited this amount into the Housing Fund (from revenues not otherwise payable to the Housing Fund), whether through the application of this formula or otherwise, the deficit shall be deemed paid in full and no additional payments shall be due. Application of the Formula Given current best estimates of tax increment revenues that may be generated over the remaining life of the Town Center Project, application of the above formula would result in the full repayment of the deficit by 2023. The attached Table 1 demonstrates one possible repayment scenario based on current best estimates of future tax increment revenues for the Project. As shown on Table 1, non-housing tax increment revenues are projected to increase from approximately $1.9 million anticipated for the fiscal year ending June 30, 2000 (1999-00) to slightly over $2.6 million in 2004-05. Strong growth in tax increment revenue is anticipated over the next few years, reflecting the assumption of a continuation of the current robust economy and restored real estate environment. The pace of revenue growth for the Project, however, is assumed to slow after 2004- 05 to a level consistent with the rate of growth experienced by the Project since its adoption in 1976 (about 4%). Debt service amounts are based on actual amounts for the 1998 Bond issue and are projected for the assumed 2004 financing. As 2004 is the last date the Agency currently has to incur additional debt, Table 1 reflects the assumption that the Agency will issue bonds for non-housing purposes and will fully leverage tax increment revenues in that year. Administrative cost estimates included on Table 1 begin at $200,000 in 1999-00 and are assumed to escalate annually by 2%. Actual administrative costs, particularly after the end of the Plan's effectiveness in 2014, may vary from these estimates. As shown on Table 1, annual deposits to the Housing Fund are projected to commence in 2014-15 in the amount of $199,645, with payments continuing, each year in increasing amounts until the deficit is fully repaid in 2022-23. See columns entitled "20% Deficit Reduction" and "Cumulative Reduction" on Table 1. Repayment of the Housing Fund Deficit is assumed to commence at such time as tax increment revenues reach 125 percent of debt service on the 1998 bond issue, the assumed 2004 bond issue and the $200,000+ for annual administrative costs. The potential payments to the Housing Fund to relieve the Deficit equal 20 percent of the amount of tax increment revenues in excess of these costs, or 20 percent of Net Tax Increment Revenues. As mentioned previously, Table 1 illustrates one possible scenario only. If future revenues are higher than projected, deficit payments may commence sooner and be in higher annual amounts. Conversely, if future revenues are lower than projected, the deficit payments might commence later and be in lower annual amounts. Even under conservative revenue growth assumptions (growth of 2% per year), however, it is currently anticipated that the deficit can be repaid prior to 2026. The Agency reserves the right to prepay, in whole or in part, the Housing Deficit, or escalate repayment of the Housing Deficit at any time without the need to amend this Deficit Reduction Plan. Alternatives One alternative to the repayment schedule outlined above is currently being considered by the Agency and may be evaluated in detail at a future time. The alternative being considered is an escalation of the repayment of the Housing Deficit through a future bond issue. A bond issue secured and repaid by non-housing tax increment revenues would reduce or cure the deficit if a portion of the bond proceeds were deposited into the Low and Moderate Income Housing Fund. Currently, non-housing tax increment revenues are insufficient to support such a bond issue. It is possible, however, that revenue growth in the next 3 to 5 years may render such an alternative viable. In such an instance, the Agency may elect to deposit bond proceeds in the Housing Fund, which action would serve to reduce or eliminate the Housing Deficit. As stated above, this Plan would not need to be amended in this instance. If the Deficit were only partially repaid, the Agency could continue to apply the formula outlined under the "Deficit Reduction Formula" section above to make payments until the Deficit was fully repaid. If the Deficit were fully repaid, no additional payments would be due. Table 1 Tustin Community Redevelopment Agency Town Center Redevelopment Project Illustrative Housing Deficit Reduction Scenario Fiscal Non-Housing Avg. Annual Year Ending Tax Increment (1) Debt Service 98 Annual Obligations ~ Avg. Annual Administrel]ve Net Tax Debt Svc 2004 Costs Increment (2) 2000 1,905,020 1,670,000 2001 2,057,422 1,670,000 2002 2,222,015 1,670,000 2003 2,355,336 1,670,000 2004 2,496,656 1,670.0(X) 2005 2,646,456 1,670,000 980,000 2006 2,752,314 1,670,000 980,000 2007 2,862,407 1,670,000 980,000 2008 2,976,903 1,670,000 980,000 2009 3,095,979 1,670,000 980,000 2010 3,219,818 1,670,000 980,000 2011 3,348,611 1,670,000 980,000 2012 3,482,555 1,670,000 980,000 2013 3.621,858 1,670,000 980,000 2014 3,766,732 1,670.000 980,000 2015 3,917,401 1,670,000 980,000 2016 4,074,097 1,670.000 980.000 2017 4,237,061 2,650,000 2018 4,406,543 2,650,000 2019 4,582,805 2.650,000 2020 4,766,117 2.650,0(X3 2021 4,956,762 2.650,000 2022 5,155,033 2,650.000 2023 5,361,234 2.650.000 2024 5,575,683 2.650,000 2025 5,798,711 2,650,(X)0 2026 6,030,659 2,650,000 200,000 204,000 208,080 212,242 216 486 220 816 225 232 229 737 234 332 239 019 243 799 248 675 253 648 258 721 263 896 269 174 274 557 280 048 285 649 291 362 297 189 303 133 309 196 315 380 321 387 328 121 334,684 Coverage/ Rev to Oblig. 35,020 101.87% 183,422 109.79% 343,935 118.31% 473,095 125.13% 610,170 132.34% 100.00% 100.00% 100.00% 92,571 103.21% 206,960 107.16% 326,019 111.27% 449,936 115.52% 578,907 119.94% 713,136 124.52% 852,836 129.27% 998,227 134.20% 1,149,540 139.31% 1,307,013 144.61% 1,470,894 150.10% 1,641,443 155.81% 1,818,928 161.72% 2,003,629 167.85% 2,195,837 174.20% 2,395,854 180.79% 2,603,996 187.63% 2,820,589 194.71% 3,045,975 202.05% Housing Deficit Reduction 20% Cumulative Deficit Reduction {3) Reduction 17(~ 567 199 545 229 908 261 403 294 179 328 289 363 786 400 726 439 167 88,373 170,567 370,213 600,121 861,523 1,155,702 1,483,991 1,847,776 2,248,502 2,687,669 2,776,042 (1) Tax increment revenues are estimated based on Ora-~e Count7 Aucitor-Controller assessed value reports for 1999-00. Revenues are assumed to increase 8% per year for the next two years (FY 2000-01 to 2001-02). Assumed growth is then reduced to 6.0% through 2004-05 and 4.0% thereafter. (2) Amounts shown under "Net Tax Increment" above, represent amcxz3ts estimated to be in excess of AnnuaJ Obligations, which include amounts payable for 1998 debt service, assumed 2004 debt service and annual administrative costs. (3) The annual repayment amount equals 20% of Net Tax Increment Revenue in any year lYmt Non-Housing Tax Increment equals 125% of Annual Obligations. Hsg Deficit 3,31.00: Deficit Plan 4/4/2000/6:58 AM