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HomeMy WebLinkAboutStaff Report 3953 City of Palo Alto (ID # 3953) City Council Staff Report Report Type: Consent Calendar Meeting Date: 8/12/2013 City of Palo Alto Page 1 Summary Title: CDBG Fiscal Year 2014 Budget Update Title: Approval of Additional CDBG Entitlement Funds for Fiscal Year 2014 in the Amount of $111,091 including an Additional Allocation of $38,000 to Avenidas from the City's Federal Line of Credit and Adoption of Related Budget Amendment Ordinance From: City Manager Lead Department: Planning and Community Environment Recommendation Staff Recommends a City Council MOTION to: Approve additional CDBG entitlement funds for Fiscal Year 2014 in the amount of $111,091 including an additional allocation of $38,000 to Avenidas from the City's Federal Line of Credit and adoption of related Budget Amendment Ordinance. Executive Summary The City Council approved the Community Development Block Grant (CDBG) program budget at its May 6, 2013 meeting. At the time staff had not yet received notification from the U.S. Department of Housing and Urban Development (HUD) regarding its final entitlement grant amount for Fiscal Year 2014. As such, an estimated amount was used for planning purposes. Subsequently staff received formal notification of the City’s final allocation and the amount was higher than anticipated. While staff has the authorization to make adjustments increasing or decreasing the funding amounts as set forth in the Adopted Citizen Participation Plan and has submitted the necessary documentation to finalize the City’s application for funding, a Budget Amendment Ordinance (BAO) totaling $111,091 is required to appropriate these funds that will increase the Fiscal Year 2014 source of funds from HUD by that amount. City of Palo Alto Page 2 Staff also requests $38,000 of the $111,091 to be allocated to Avenidas from the City’s Federal Line of Credit. Council approved the HVAC Upgrade project as part of the Fiscal Year 2013 CDBG Program budget (May 7, 2012) and this allocation will fund the completion of the project. Background On May 6, 2013, the City Council approved the Fiscal Year 2014 CDBG budget using an estimated entitlement grant amount. Given the mandatory across-the-board cuts set forth by the Federal budget sequestration staff used a conservative approach in projecting the entitlement grant amount. On May 29, 2013 the City received formal notification from HUD of its final allocation amount of $467,192; representing $73,091 more than anticipated bringing the total amount available for allocation to $639,848. This total amount includes a final entitlement grant amount for Fiscal Year 2014 of $467,192, estimated program income in the amount of $62,607 and $110,049 in prior year resources. The CDBG program experienced a net increase in funding from the Federal Fiscal Year 2012 to Federal Fiscal Year 2013. Specifically, in Federal Fiscal Year 2012 the HUD appropriation law directed that $300 million of the CDBG funding appropriation be allocated for disaster recovery, thus reducing the funding available for formula distribution for this year. This set-aside for disaster recovery grants did not carry over to the Federal Fiscal Year 2013 Continuing Resolution, therefore increasing the funds available for national CDBG formula funding levels by 4.4 percent from Federal Fiscal Year 2012 to Federal Fiscal Year 2013 despite the mandatory reductions as a result of sequestration. For Palo Alto, the final allocation amount of $429,287 represents an increase of 8.8 percent over the Federal Fiscal Year 2012 allocation, correlating with the City’s Fiscal Year 2013. It should be noted however that the $467,192 CDBG allocation still represents a significant reduction in funding compared to previous years. Using Fiscal Year 2005’s allocation of $779,281 as a baseline, this latest allocation represents a reduction of approximately forty percent. Discussion While the Adopted Citizen Participation Plan authorized staff to make adjustments to the allocations, the BAO appended to this report as Attachment A is required to increase the estimate for earned revenue by $111,091 and authorize the expenditure of the additional funds. The increase in the estimate for earned revenue includes a recommendation to allocate an additional $38,000 of prior year unprogrammed funds to the Avenidas HVAC Upgrade Project. Together these actions will formalize receipt of additional funds in the budget and position the City in meeting its timeliness expenditure requirements by April 30, 2014. City of Palo Alto Page 3 Fiscal Year 2014 Additional Funds Funds were allocated amongst three funding categories; public service, planning and administration, and economic development. HUD places spending caps on both public service activities and planning and administration activities; 15 percent and 20 percent respectively. The distribution of funds factored the past performance of the agency and the selection committee aimed at minimizing the impact of the reduction in funds. As such, the same approach was taken to distribute the additional funding. First staff recalculated the statutory spending caps to determine the maximum amount of funds that can be distributed to each category. The following summarizes the updated calculations for these funding limitations: Maximum Available for Public Services Final 2014 CDBG Entitlement Grant $467,192 2013 Actual Program Income Received1 $223,042 $690,234 Public Service Cap (15% of $690,234): $103,535 Maximum Available for Planning/Administration Final 2014 CDBG Entitlement Grant $467,192 Estimated 2014 Program Income $ 62,607 $529,799 Planning/Administration Cap (20% of $529,799): $105,960 Staff explored several options including but not limited to an 8.8 percent increase across the board to all activities. Ultimately, staff considered each agency’s proportional share of funds approved for Fiscal Year 2014 within their respective funding category. Table 1, Fiscal Year 2014 Allocation Summary, outlines the requests received for funding, the adopted allocations, how the additional funding has been distributed, and the revised allocation totals. Each grantee will receive an amount which represents a proportional share of funds as the amount originally allocated, up to the amount requested with the balance of funds distributed amongst the remaining agencies. In summary, each agency will either be receiving the amount they 1 Actual Program Income received in Fiscal Year 2013 includes $62,608 from Palo Alto Housing Corporation, $54,374 in Fiscal Year 2012 excess program income from Palo Alto Housing Corporation, $5,000 from a Housing Improvement Program Loan Repayment, and a loan repayment of $101,060 from Palo Alto Housing Corporation. City of Palo Alto Page 4 requested or more than they received last Fiscal Year. Costs associated with the City of Palo Alto- Planning and Administration allocation were reviewed and an increase of $9,010 is recommended to ensure administration expenses are fully recovered within the Community Development Block Grant Fund and that the General Fund does not need to subsidize these costs. The only project that will not be receiving additional funding is the Pilot Microenterprise Assistance Program. Given the project is a pilot, staff feels it is appropriate to allocate the funding to the other activities. Table 1: Fiscal Year 2014 Allocation Summary Agency Request Adopted Allocations Additional Funding Revised Allocations Public Service (15% CAP =$103,535) Palo Alto Housing Corp. – SRO Resident Support $43,166 $24,000 $8,413 $ 32,413 Catholic Charities of Santa Clara County – Ombudsman Program $ 6,500 $ 5,000 $1,500 $ 6,500 InnVision Shelter Network – Opportunity Services Center $50,000 $35,162 $13,690 $48,852 YWCA/Support Network – Domestic Violence Services $10,000 $ 7,500 $2,500 $10,000 Silicon Valley Independent Living Center – Housing and Emergency Services $ 5,000 $ 5,000 $ 770 $ 5,770 Public Service Total $114,666 $76,662 $26,873 $103,535 Planning & Administration (20% CAP =$105,960) Project Sentinel – Fair Housing Services $31,950 $26,342 $5,608 $ 31,950 City of Palo Alto – Planning and Administration $65,000 $65,000 $9,010 $ 74,010 Planning and Administration Total $96,950 $91,342 $14,618 $105,960 Economic Development City of Palo Alto – Pilot Microenterprise Assistance Program $150,000 $150,000 - $150,000 City of Palo Alto Page 5 Downtown Streets Team – Workforce Development Program $314,100 $248,753 $31,600 $280,353 Economic Development Total $464,100 $398,753 $31,600 $430,353 GRAND TOTAL $675,716 $566,757 $73,091 $639,848 Project Budget Increase – Avenidas HVAC Upgrade Originally approved as part of the Fiscal Year 2013 CDBG budget, the Avenidas HVAC Upgrade project is currently under construction and staff wishes to increase the project budget of $135,000 by $38,000. Avenidas is required to abide by federal procurement guidelines in the selection of a contractor that includes the payment of prevailing wages. Bids received by prospective bidders were higher than projected and the current allocation amount is not enough to cover the full cost of the work. Moreover, additional work is now required that increases the project budget for Avenidas. The City currently has unprogrammed funds in its Federal Line of Credit and staff is requesting an allocation of $38,000 to Avenidas to assist with the completion of the project. It should be noted these funds cannot be used to fund public service activities given the statutory spending cap. According to the City’s adopted Citizen Participation Plan, unprogrammed funds can be allocated to an existing activity without a substantial amendment as long as it does not represent more than ten percent of the most current allocation amount. However, similar to the allocation of the additional funds for Fiscal Year 2014, while staff has the authorization to allocate these funds a BAO is required to increase the estimate for earned revenue and authorize the expenditure of the funds. Recognizing and appropriating these additional funds enhances the overall performance of the City’s CDBG program. One of the regulatory requirements of the CDBG program includes the timely use of funds and limits the amount of funds grantees can retain in its federal line of credit. Given the continued reduction in the City’s annual allocation and the unpredictability of program income resulting from loan repayments, it is becoming increasingly more difficult to meet the timeliness expenditure requirements. HUD has advised Palo Alto to evaluate slow- moving projects and redirect funds to projects like Avenidas which are showing progress. Resource Impact Appropriation of the additional funds requires a BAO to authorize spending of the additional $73,091 the City will receive in Fiscal Year 2014 CDBG entitlement grant funds and the $38,000 prior year unobligated entitlement grant funds staff is requesting to allocate to Avenidas. Additionally, the BAO increases the estimate of earned revenue by an additional $111,091 from HUD for Fiscal Year 2014. The additional funds are entitlement CDBG grant funds not currently City of Palo Alto Page 6 programed and proceeds from the City’s Federal Line of Credit. As such, no general fund impact is anticipated as a result of this action. Policy Implications As previously noted, all of the applications recommended for funding in Fiscal Year 2014 are consistent with the priorities established in the City’s adopted Consolidated Plan for the period 2010 to 2015. Environmental Review For purposes of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), this action itself is not a project; therefore, no environmental impact assessment is necessary. Attachments:  Attachment A: CDBG Budget Amendment Ordinance (DOC)  Attachment B: May 6, 2013 City Council Meeting Minutes (PDF) ATTACHMENT A ORDINANCE NO. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2014 TO PROVIDE ADDITIONAL APPROPRIATION OF $111,091 IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND TO FUND ADDITIONAL PUBLIC SERVICE ($26,873), PLANNING AND ADMINISTRATION ($14,618), ECONOMIC DEVELOPMENT ($31,600) ALLOCATIONS, AS WELL AS THE AVENIDAS HVAC UPGRADE PROJECT ($38,000), AND TO INCREASE THE ESTIMATE FOR FEDERAL REVENUES IN THE AMOUNT OF $111,091 DUE TO ADDITIONAL CDBG PROCEEDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 10, 2013 did adopt a budget for Fiscal Year 2014; and B. At the time the 2014 Adopted Budget was being considered by the City Council, the U.S. Department of Housing and Urban Development had not provided notification of its final entitlement grant amount; and C. The 2014 Adopted Budget in the Community Development Block Grant Fund was based on an estimated entitlement grant amount; and D. On May 29, 2013 the received formal notification from HUD of its final allocation amount, representing $73,091 more than anticipated; and E. Additional funds are to be allocated for public service ($26,873), Planning and Administration ($14,618) and Economic Development ($31,600) purposes; and F. With the additional funding being made available, each agency, with the exception of the Microenterprise Assistance Pilot Program, will either be receiving the requested amount or more than was received in the prior fiscal year; and G. The changes recommended in this ordinance are procedurally allowable under the City Council approved Citizen Participation Plan; and H. The Avenidas HVAC Upgrade project, originally approved as part of the 2013 Adopted Budget, is currently under construction and in need of additional funding due to higher than anticipated bids and a greater scope of work than originally anticipated; and I. Unprogrammed funds in the City’s Federal Line of Credit in the amount of $38,000 are available to assist in the completion of this project, and these funds are not available for public service activities given the statutory spending cap. SECTION 2. The sum of One Hundred Eleven Thousand and Ninety One Dollars ($111,091) is hereby appropriated for various grants and the Avenidas HVAC Upgrade project, and the estimate for Federal Revenue in the Community Development Block Grant Fund is correspondingly increased. SECTION 4. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 5. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 6. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: APPROVED: City Clerk Mayor APPROVED AS TO FORM: City Manager Director of Public Works Director of Administrative Services CITY OF PALO ALTO CITY COUNCIL EXCERPT MINUTES Page 1 of 3 Special Meeting May 6, 2013 17.Public Hearing: Adoption of a Resolution 9333 entitled “Resolution of the Council of the City of Palo Alto Approving the Proposed Fiscal Year 2014 Community Development Block Grant Funding Allocations and the Draft 2014 Action Plan.” Consuelo Hernandez, Planner, presented the Community Development Block Grant (CDBG) allocations for Fiscal Year (FY) 2014. Palo Alto received funds under the CDBG program to fund a variety of activities benefiting primarily low- and moderate-income residents. Over the past few years, Palo Alto received approximately $700,000 annually in entitlement grants. Funding declined 17 percent in FY 2012 and 29 percent in FY 2013, with a proposed reduction of 8.2 percent in FY 2014. Once Staff received the final allocation, they would adjust allocations as necessary. Pursuant to the statutory spending cap on public service activities, the maximum amount available was $76,662. Staff proposed funding for five public service activities: Palo Alto Housing Corporation, Catholic Charities, InnVision Shelter Network, YWCA Support Network, and Silicon Valley Independent Living Center. Pursuant to the statutory spending cap on planning and administration costs, Staff requested the maximum amount of $91,342 to reimburse CDBG administrative expenses and to fund fair housing services. For FY 2014, Staff proposed funding of $398,753 for a Pilot Microenterprise Assistance Program and a Workforce Development Program. The Finance Committee reviewed and voted unanimously to fund these allocations on April 16, 2013. Public Hearing Opened at 9:36 P.M. Ann Marquant, Executive Director of Project Sentinel, appreciated Staff's recommendation to fund Project Sentinel. She was available to answer questions. Public Hearing Closed at 9:37 P.M. Council Member Burt indicated the public participated extensively at the Finance Committee's discussion of the CDBG Program. ATTACHMENT B EXCERPT MINUTES Page 2 of 3 City Council Meeting Excerpt Minutes: 5/6/13 MOTION: Council Member Burt moved, seconded by Council Member Price to: 1) adopt the attached funding Resolution allocating CDBG funding as recommended by staff in the 2014 Action Plan; 2) authorize staff to submit the 2014 Action Plan to the Department of Housing and Urban Development by the May 15, 2013 deadline; and, 3) authorize the City Manager, or designee, to execute the 2014 application and Action Plan for CDBG funds and any other necessary documents concerning the application and grant agreements and to otherwise bind the City with respect to the application and commitment of funds. Council Member Price felt the outcomes from funding would be impressive. Council Member Holman requested clarification of adjustments to funding. Ms. Hernandez reported Staff would make adjustments to allocations once they received the annual allocation from the U.S. Department of Housing and Urban Development (HUD). Amounts used for planning purposes were based on an 8.2 percent reduction. Council Member Holman asked if Staff could separate the administrative costs from the total allocation of $150,000. She suggested Staff provide more time and more outreach for the public regarding notice of the CDBG Program. Curtis Williams, Director of Planning and Community Environment, indicated Staff would determine ways to enhance outreach. He inquired whether Council Member Holman was referring to a breakdown of the $101,000 amount. Council Member Holman answered the $150,000 allocation for the Micro Assistance Program, and suggested Staff separate the administrative portion from the total $150,000 allocation. Ms. Hernandez explained that some agencies used a portion of funds for salaries and a portion for other items such as equipment. Of the $150,000 total allocation, $36,000 was estimated to be used for administrative costs with the balance for direct services. Staff tracked their time for administrative costs via time cards. Council Member Holman wanted the document to be clearer. Council Member Schmid noted funding for important City services declined approximately 42 percent from 2008 to the present. EXCERPT MINUTES Page 3 of 3 City Council Meeting Excerpt Minutes: 5/6/13 MOTION PASSED: 8-0 Kniss absent