05B GAMAT Affordable Housing - City Council - City of Davis
05B GAMAT Affordable Housing - City Council - City of Davis
05B GAMAT Affordable Housing - City Council - City of Davis
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DATE: April 9, 2013<br />
TO: <strong>City</strong> <strong>Council</strong><br />
STAFF REPORT<br />
FROM: Danielle Foster, <strong>Housing</strong> & Human Services Superintendent<br />
Kelly Stachowicz, Deputy <strong>City</strong> Manager<br />
SUBJECT: Update on Rental <strong>of</strong> <strong>City</strong>-owned <strong>Affordable</strong> <strong>GAMAT</strong> Units & Continued<br />
Management Contract with Boschken Properties<br />
Recommendation<br />
Staff recommends that the <strong>City</strong> <strong>Council</strong> adopt the attached resolution (Attachment 1), directing<br />
staff to continue a property management contract with Boschken Properties for the twenty cityowned<br />
single-family affordable homes referred to as <strong>GAMAT</strong> Homes with a contract term<br />
through August 31, 2014, and a one-year option to renew through August 31, 2015.<br />
Fiscal and Economic Impact<br />
With the <strong>City</strong> <strong>Council</strong>’s November 13, 2012 direction to continue leasing the <strong>GAMAT</strong> units<br />
through August 31, 2014 and bringing all rents up to a standard amount based on unit size<br />
($1,117 for two-bedroom and $1,217 for three-bedroom), the <strong>City</strong> will continue to see increased<br />
revenue from these homes. Rent revenue from the homes, to-date, has been covering the costs <strong>of</strong><br />
repairs, management, water, sewer, garbage, etc. For January and February 2013, the fifteen<br />
occupied units brought in $24,420.53 over this two-month period. By the beginning <strong>of</strong> May,<br />
revenues should increase approximately $3,000 per month due to the scheduled occupancy <strong>of</strong><br />
three additional units, bringing total occupancy to eighteen units. Since June, expenses have<br />
ranged from $5,000 to topping out at $18,000 per month, due to unit turnovers. Once the units<br />
are fully occupied, it is estimated that total revenue will be $22,878 per month and expenditures<br />
will range from $3,000-$5,000. This year is likely to be the most expensive year <strong>of</strong> management<br />
for <strong>GAMAT</strong> Homes due to the amount <strong>of</strong> unit preparation and turnover <strong>of</strong> vacant units, plus<br />
completion <strong>of</strong> the warranty work discussed in a subsequent section. It is projected that rent<br />
revenue and expenses will break even by fiscal year end. In upcoming fiscal year 13-14, staff<br />
estimates net revenue <strong>of</strong> $150,000 from these homes, after accounting for all expenses, a<br />
budgeted portion <strong>of</strong> city staff time, a vacancy reserve, and creation <strong>of</strong> a replacement reserve.<br />
Boschken Properties charges the city nine percent <strong>of</strong> unit rents collected for management <strong>of</strong> the<br />
occupied units, ten percent <strong>of</strong> project invoices on large maintenance projects, and nine percent on<br />
pr<strong>of</strong>essional services that cost more than $200 per unit in any given month. Vacant units do not<br />
get charged a management fee under the contract with Boschken Properties. In the current fiscal<br />
year, staff has been using revenue to cover typical unit expenses, as stated above. In the<br />
upcoming fiscal year, staff is budgeting some staff time towards this program and planning to<br />
start a replacement reserve for these units. Staff time covered by these rents <strong>of</strong>fsets the loss <strong>of</strong><br />
redevelopment and potential charges to the General Fund. Any unused funds from the <strong>GAMAT</strong><br />
rent revenue at the end <strong>of</strong> the year will be added to the <strong>City</strong>’s <strong>Housing</strong> Trust Fund and would be<br />
04-09-13 <strong>City</strong> <strong>Council</strong> Meeting <strong>05B</strong> - 1
Update on Rental <strong>of</strong> <strong>City</strong>-owned <strong>Affordable</strong> <strong>GAMAT</strong> Units & Continued Management Contract with Boschken Properties<br />
available for reuse within the affordable housing program. This revenue and future use <strong>of</strong> the<br />
<strong>GAMAT</strong> Homes will be considered further as part <strong>of</strong> upcoming strategic planning for the city’s<br />
affordable housing program.<br />
<strong>Council</strong> Goal(s)<br />
Actions in this staff report support the goal <strong>of</strong> Community Strength and Effectiveness,<br />
specifically working to accomplish the guiding principle <strong>of</strong> “Establish and maintain an inventory<br />
<strong>of</strong> permanently affordable housing units.” Actions related to these twenty affordable units,<br />
created under the <strong>City</strong>’s inclusionary requirements, are necessary to maintain these housing units<br />
in the city’s inventory <strong>of</strong> affordable housing and to recuperate previous public investment in<br />
these units.<br />
Background and Analysis<br />
In July 2010, the <strong>City</strong> took ownership <strong>of</strong> the twenty <strong>GAMAT</strong> Homes, as the former<br />
Redevelopment Agency, as the result <strong>of</strong> an Agency loan foreclosure and sale. This loan had been<br />
made to the <strong>Davis</strong> Area Cooperative <strong>Housing</strong> Association (DACHA) in 2008 in an effort to<br />
consolidate the organization’s debt, protect the affordability <strong>of</strong> the units, and ensure the<br />
organization’s long-term viability. Due to an arbitration judgment against DACHA, its funds<br />
were later levied and it was unable to pay the Redevelopment Agency’s loan, forcing DACHA<br />
into default. Ultimately the Agency foreclosed on its loan to protect the public investment <strong>of</strong> the<br />
Agency and <strong>City</strong>.<br />
In January, February, and June 2011, the <strong>City</strong> <strong>Council</strong> held discussions regarding future use <strong>of</strong><br />
the former DACHA units. As additional background, links to these staff reports are provided<br />
below.<br />
Past staff reports on the long-term use <strong>of</strong> the former DACHA units:<br />
Part 1, <strong>City</strong> <strong>Council</strong> Meeting January 11, 2011: http://citycouncil.city<strong>of</strong>davis.org/Media/Default/Documents/PDF/<strong>City</strong><strong>Council</strong>/<strong>Council</strong>Meetings/Agendas/<br />
20110111/Packet/08-CC-and-04-RDA-Longterm-Plan-for-Former-DACHA-Units-Part-1.pdf<br />
Part 2, <strong>City</strong> <strong>Council</strong> Meeting February 1, 2011: http://citycouncil.city<strong>of</strong>davis.org/Media/Default/Documents/PDF/<strong>City</strong><strong>Council</strong>/<strong>Council</strong>Meetings/Agendas/<br />
20110201/Packet/07-CC-and-02-RDA-Longterm-Plan-for-Former-DACHA-Units-Part-2.pdf<br />
Part 3, <strong>City</strong> <strong>Council</strong> Meeting June 28, 2011: http://citycouncil.city<strong>of</strong>davis.org/Media/Default/Documents/PDF/<strong>City</strong><strong>Council</strong>/<strong>Council</strong>Meetings/Agendas/<br />
20110628/Packet/07-CC-and-05-RDA-Longterm-Plan-for-Former-DACHA-Units-Part-3.pdf<br />
The second meeting <strong>of</strong> this process resulted in <strong>Council</strong>’s direction that staff was to release two<br />
Requests for Qualifications (RFQs), one to identify a potential management company for the<br />
units and one to identify a potential selling agent for the units. The <strong>City</strong> sent the management<br />
RFQ to seven management companies and received one reply, from Boschken Properties<br />
(Boschken). Staff believes this was primarily due to the small number <strong>of</strong> units being contracted,<br />
compared to apartment complexes, and the one-year term being <strong>of</strong>fered initially. The <strong>City</strong><br />
received two proposals related to sale <strong>of</strong> the former DACHA units, now called <strong>GAMAT</strong> Homes.<br />
04-09-13 <strong>City</strong> <strong>Council</strong> Meeting <strong>05B</strong> - 2
Update on Rental <strong>of</strong> <strong>City</strong>-owned <strong>Affordable</strong> <strong>GAMAT</strong> Units & Continued Management Contract with Boschken Properties<br />
After reviewing the proposals and discussing options, the <strong>City</strong> took action to contract with<br />
Boschken for management <strong>of</strong> the ten occupied homes. <strong>Council</strong> determined that retaining the<br />
houses and collecting rent would be the best option at that point in time. This decision was made<br />
(1) due to a lis pendens that was recorded against the properties (subsequently removed) that<br />
linked the properties to an existing lawsuit against DACHA, the <strong>City</strong>, and Agency, (2) to avoid<br />
displacing existing tenants from the units, and (3) in order to collect adequate revenue while<br />
providing time to assess options for the long-term use <strong>of</strong> the units.<br />
When the Redevelopment Agency later dissolved in February 2012, due to changes in State Law,<br />
the <strong>City</strong> took ownership as the <strong>Housing</strong> Successor to the former Redevelopment Agency. Later,<br />
in April 2012 <strong>Council</strong> approved contracting with Boschken for all management and accounting<br />
<strong>of</strong> the twenty <strong>GAMAT</strong> Homes, including rent collection, lease enforcement, and payment <strong>of</strong><br />
typical management expenses. The current agreement concludes July 1, 2013, which is why staff<br />
is recommending continuation <strong>of</strong> this contract.<br />
Currently fifteen <strong>of</strong> the twenty single-family affordable homes are occupied. By early May, three<br />
more units are planned to be occupied, bringing the occupancy total to eighteen. Some major<br />
repairs were necessary over the past year, due to a defective siding product used on eleven <strong>of</strong> the<br />
twenty homes at the time <strong>of</strong> construction. All siding repairs and repainting <strong>of</strong> the eleven units<br />
under the construction warranty were completed last November. While some <strong>of</strong> those units were<br />
occupied or have since been occupied, leasing units mid year is challenging in <strong>Davis</strong> where the<br />
vast majority <strong>of</strong> leases have a one-year term from September 1 st through August 31 st . Households<br />
who are moving units this May have had to sublease or negotiate other arrangements to satisfy<br />
the remainder <strong>of</strong> their standard year-long lease term. By September 1 st all units are projected to<br />
be occupied.<br />
All fifteen <strong>of</strong> the existing tenant households in <strong>GAMAT</strong> Homes are current on their rent<br />
payments. Boschken has completed advertising and continues to receive applications for the<br />
vacant units. Additional advertising will be completed as is necessary to obtain one-hundred<br />
percent occupancy <strong>of</strong> the homes over the next few months. Once fully occupied, these units will<br />
bring in adequate revenue to <strong>of</strong>fset ongoing expenses and are estimated to generate net revenue<br />
<strong>of</strong> $150,000.<br />
Income Certification and Leases for 13-14<br />
In accordance with <strong>Council</strong>’s direction at the November 13, 2012 <strong>City</strong> <strong>Council</strong> meeting,<br />
Boschken Properties has started the process <strong>of</strong> recertifying incomes <strong>of</strong> existing tenants and<br />
renewing tenant leases for the one year term from September 1, 2013 through August 31, 2014.<br />
The specific items approved by <strong>Council</strong> at their November 13, 2012 meeting include:<br />
1. For the September 2013-August 2014 lease year recertify the incomes <strong>of</strong> all tenant<br />
households, including former members <strong>of</strong> DACHA. <strong>Council</strong> had been providing a<br />
transition period for previous DACHA members who might have subsequently gone over<br />
income. Any households over income would be allowed to remain through August 2013,<br />
providing them opportunity to identify other rental options as part <strong>of</strong> the standard lease<br />
term in <strong>Davis</strong>. It is standard for affordable rental housing managers to income qualify<br />
tenants each year because the tenant household is receiving a subsidized rent.<br />
04-09-13 <strong>City</strong> <strong>Council</strong> Meeting <strong>05B</strong> - 3
Update on Rental <strong>of</strong> <strong>City</strong>-owned <strong>Affordable</strong> <strong>GAMAT</strong> Units & Continued Management Contract with Boschken Properties<br />
2. Begin the outreach and recertification process early in 2013 to give existing tenants<br />
adequate notice in case they wish to relocate.<br />
3. Standardize all rents to $1,117 for two bedroom units and $1,217 for three bedroom units,<br />
bringing rent amounts that were previously “grandfathered in” to a standard rent amount<br />
for all <strong>GAMAT</strong> Homes.<br />
4. Wait to consider any increase in rents above the current $1,117 and $1,217 amounts until<br />
after a year <strong>of</strong> standardizing the amounts in all <strong>GAMAT</strong> Homes. With the affordability<br />
maximum at rental rates affordable to low-income (80% <strong>of</strong> Area Median Income)<br />
households, the rents could increase by $50-$60 based on current income limits. The <strong>City</strong><br />
<strong>Council</strong> has indicated a desire to preserve a greater level <strong>of</strong> affordability in these units. In<br />
order to get all <strong>of</strong> the <strong>GAMAT</strong> Homes to the same starting place, staff recommends<br />
waiting until after the 13-14 lease year to initiate any increases to the $1,117 and $1,217<br />
rent amounts.<br />
5. Include a background check as part <strong>of</strong> the application and recertification process. Staff<br />
did not want to initiate this requirement mid-way with new tenants and not require<br />
existing tenants to comply. As part <strong>of</strong> the recertification process, this check will be<br />
included to review criminal and credit history <strong>of</strong> potential and existing tenants.<br />
Based on the direction to lease the twenty homes through August 31, 2014, staff recommends<br />
amending the existing management contract with Boschken Properties to extend it through that<br />
lease period and include the option for a one year renewal through August 2015. Staff makes this<br />
recommendation based on the performance <strong>of</strong> Boschken Properties to date and in an effort to<br />
maintain continuity in the marketing, income qualifying, and leasing underway. Alternatively,<br />
the <strong>City</strong> <strong>Council</strong> could choose to initiate another Request for Qualifications process, but based<br />
on the limited response to the March 2011 RFQ and the good performance <strong>of</strong> Boschken<br />
Properties, staff is supportive <strong>of</strong> maintaining the existing management company.<br />
Attachments<br />
1. Resolution Extending Property Management Contract with Boschken Properties for<br />
<strong>GAMAT</strong> <strong>Affordable</strong> Homes<br />
04-09-13 <strong>City</strong> <strong>Council</strong> Meeting <strong>05B</strong> - 4
RESOLUTION NO. 13-XXX, SERIES 2013<br />
Attachment 1<br />
RESOLUTION AUTHORIZING EXTENSION OF THE PROPERTY MANAGEMENT<br />
CONTRACT WITH BOSCHKEN PROPERTIES FOR <strong>GAMAT</strong> AFFORDABLE HOMES<br />
THROUGH AUGUST 31, 2014 WITH OPTION FOR A ONE YEAR RENEWAL<br />
WHEREAS, the twenty single-family affordable units held by the Redevelopment Agency <strong>of</strong> the<br />
<strong>City</strong> <strong>of</strong> <strong>Davis</strong> from July 2010 until March 2011 and have since been held by the <strong>City</strong> <strong>of</strong> <strong>Davis</strong><br />
were acquired through foreclosure but were originally provided within the <strong>City</strong>’s inclusionary<br />
housing program and were originally financed by the <strong>City</strong> and Agency, and then refinanced by<br />
the Agency with the goal <strong>of</strong> sustaining the units as affordable housing; and<br />
WHEREAS, the twenty units located at 2019 Arena Drive, 3159 Albany Circle, 3165 Albany<br />
Circle, 3186 Albany Circle, 3192 Albany Circle, 3198 Albany Circle, 2301 Glacier Place, 2303<br />
Glacier Place, 2305 Glacier Place, 2307 Glacier Place, 2309 Glacier Place, 2311 Glacier Place,<br />
5524 Marden Street, 5503 Tufts Street, 5509 Tufts Street, 5515 Tufts Street, 5521 Tufts Street,<br />
5527 Tufts Street, 5533 Tufts Street, and 5539 Tufts Street were provided as low-moderate<br />
income housing units under the <strong>City</strong>’s inclusionary housing ordinance; and<br />
WHEREAS, the <strong>City</strong> indicated in its November 13, 2012 motion that it sees value in filling the<br />
vacant units with low-income tenants in order to provide affordable housing opportunities and<br />
increase revenue for the purposes <strong>of</strong> covering costs <strong>of</strong> repairs and management <strong>of</strong> this <strong>City</strong>-held<br />
asset; and<br />
WHEREAS, the <strong>City</strong> does not have adequate staffing to manage these twenty units itself and<br />
needs to contract with a pr<strong>of</strong>essional management company for these services.<br />
NOW, THEREFORE, BE IT RESOLVED by the <strong>City</strong> <strong>Council</strong> <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Davis</strong> that the <strong>City</strong><br />
<strong>Council</strong> approves extending the current contract with Boschken Properties for management <strong>of</strong><br />
the properties stated above and commonly known as the <strong>GAMAT</strong> Homes through August 31,<br />
2014, with option for a one-year renewal based upon mutual agreement. This contract with<br />
Boschken Properties will continue to include the completion <strong>of</strong> unit preparation repair work and<br />
obtaining rental occupancy <strong>of</strong> all twenty units. The management fee will remain at nine percent<br />
<strong>of</strong> rents collected, plus the cost <strong>of</strong> maintenance repairs, and additional costs associated with<br />
tenant eviction and/or collections. A fee <strong>of</strong> ten percent will continue to be added onto all<br />
substantial work contracts that exceed typical maintenance and repairs.<br />
BE IT FURTHER RESOLVED that the <strong>City</strong> <strong>Council</strong> approves the necessary<br />
contracts/agreements and budget adjustments for the revenue and expenses relating to the<br />
property management <strong>of</strong> the twenty <strong>GAMAT</strong> units.<br />
04-09-13 <strong>City</strong> <strong>Council</strong> Meeting <strong>05B</strong> - 5
Attachment 1<br />
PASSED AND ADOPTED by the <strong>City</strong> <strong>Council</strong> <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Davis</strong> on this 9 th day <strong>of</strong> April,<br />
2013 by the following vote:<br />
AYES:<br />
NOES:<br />
Joseph F. Krovoza<br />
ATTEST: Mayor<br />
Zoe S. Mirabile, CMC<br />
<strong>City</strong> Clerk<br />
04-09-13 <strong>City</strong> <strong>Council</strong> Meeting <strong>05B</strong> - 6