Cities Index.
View Legislation

Oakland City Council
April 16, 2024

Document
View Legislation
Meeting
April 16, 2024
Body
Oakland City Council
Original file
110 KB
Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

APPROVED AS TO FORM AND LEGALITY

________________________
CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL

RESOLUTION NO. ______________ C.M.S.

RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO

EXTEND THE TERMS OF EXPIRING AFFORDABLE HOUSING LOANS

AND REGULATORY AGREEMENTS BY UP TO FIFTY-FIVE YEARS,

AND TO AMEND LOAN DOCUMENTS TO REFLECT CURRENT CITY

POLICIES AND PRACTICES

WHEREAS, the City has issued more than on e hundred affordable housing loans (the “Loans” and each a “Loan”) over the past decades; and

WHEREAS, a growing number of these Loans will be due to be repaid in full to the City over the coming years; and

WHEREAS, most affordable housing project devel opers lack the resources to repay the Loans in full at the end of their term; and

WHEREAS, the City wishes to prevent a series of defaults or other fiscal crises within its affordable housing portfolio by demanding payment in full as each Loan reaches its maturity date; and

WHEREAS, the City also wishes to preserve the affordability of properties over the long term; and

WHEREAS, the City’s terms for extending loans and regulating properties are continually refined to reflect current best practices, in areas such as interest rate, residual receipts distributions, and reserve deposit requirements; and

WHEREAS, it is more equitable and efficient to apply a uniform standard for loan extensions rather than seeking individual counc il approval on a project-by-project basis; now, therefore, be it

RESOLVED: That the City Administrator shall be hereby authorized to extend the term of a Loan by up to fifty-five years for City-assi sted projects upon maturity, refinancing of senior loans, or request of the borrower for modification of Loan terms; and be it

2 FURTHER RESOLVED: That the City Administrator is hereby authorized to extend the loan agreements, regulatory agreements and othe r associated documents of such projects up to fifty-five years in connection with the Loans; and be it

FURTHER RESOLVED: That the City Administrator is hereby authorized to update the loan agreements, regulatory agreements, promisso ry notes, and other loan documents to reflect current City policies and practices for affordable housing financing; and be it

FURTHER RESOLVED: That appropriate due diligence, in accordance with current City policies and practices, sha ll be performed prior to the ex ecution of any such extensions, modifications, or amendments, and the City Administrator shall retain discretion to carry out such actions based on the performance and good standing of each project; and be it

FURTHER RESOLVED: That all documents shall be reviewed and approved as to form and legality by the City Attorney’s Office prior to execution; and be it

FURTHER RESOLVED: That the City Administrator is hereby authorized to conduct negotiations, executed documents, and take any othe r action with respect to the Loans consistent with this Resolution and its basic purpose.

IN COUNCIL, OAKLAND, CALIFORNIA,

PASSED BY THE FOLLOWING VOTE:

AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND

PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –

ATTEST:

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California

← All documents from this meeting