HomeMy WebLinkAboutStaff Report 2306-1724CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, August 07, 2023
Council Chambers & Hybrid
5:30 PM
Agenda Item
12.Approval of FY 2024 Budget Amendment in the Residential Housing In-Lieu Fund for the
Reappropriation of $3.0 million from FY 2023 to FY 2024 for 231 Grant Avenue Loan
Agreement; CEQA – Not a Project Q&A
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: August 7, 2023
Report #:2306-1724
TITLE
Approval of FY 2024 Budget Amendment in the Residential Housing In-Lieu Fund for the
Reappropriation of $3.0 million from FY 2023 to FY 2024 for 231 Grant Avenue Loan Agreement;
CEQA – Not a Project
RECOMMENDATION
Staff recommends that Council amend the FY 2024 Budget Appropriation for the Residential
Housing In-Lieu Fund by (2/3 approval needed):
a. Increasing the Grants and Subsidies expense appropriation in the amount of $3,000,000;
and
b. Decreasing the Ending Fund Balance in the amount of $3,000,000.
CEQA review: Loans are not subject to CEQA review.
EXECUTIVE SUMMARY
On February 7, 2022, the City Council approved a loan for the proposed residential development
at 231 Grant Avenue. The City is partnering with the County of Santa Clara in the development
of a 110-unit residential development. These units will be primarily for teachers and other school
district employees from participating school districts in Santa Clara and San Mateo counties. The
County of Santa Clara owns the project site and is the lead agency in the development of the
project. The City funds will be used for construction. Escrow closed for the Construction loan on
June 30, 2023 and the developer will need the City funds in August 2023. This action will make
the funds available in the correct fiscal year.
BACKGROUND
Two years ago, the City Council adopted a Housing Work Plan, which staff prepared in response
to a City Council Colleagues’ Memorandum. The Colleagues’ Memorandum stated the desire for
zoning updates to encourage diverse housing near jobs, transit, and services. The memo
presented several specific concepts, many of which were also identified in the City’s Housing
Element (adopted November 20141) and the updated Comprehensive Plan (adopted November
13, 20172). The Housing Work Plan identified specific policies and other actions staff should take
in order to address the housing need of Palo Altans, including a policy supporting creation of
affordable housing for City and School District employees.
In June 2018, the President of the Santa Clara County Board of Supervisors, Joe Simitian, sent a
letter to the City requesting the City set aside $3.0 million for supportive funding of a concept
teacher housing project on County-owned land in Palo Alto. That same month, the City Council
authorized the City Manager to set aside $3.0 million in affordable housing funds for the project
to be disbursed when a suitable project concept and contract is determined to be agreeable by
final project partners. The $3.0 million in funds were reserved in June 2018. The action minutes
approving the reserved funds can be found here. 3On January 11, 2022, the Santa Clara County
Board of Supervisors certified the Final Environmental Impact Report and approved the project.
Since that time, the developers, Mercy Housing and Abode Communities, have been working in
finalizing development plans and securing financing for the project. On June 30, 2023, escrow
closed for the construction loan phase of the development.
ANALYSIS
The funds for this project were included in the Fiscal Year 2023 budget, in anticipation that they
would be used within that timeframe. Some minor delays in the close of escrow for the project
result in the need for funds to be disbursed in Fiscal Year 2024 instead. Ordinarily, the funds
would be reappropriated as part of the standard process for reappropriations since the loan
terms were not able to be finalized before the close of FY 2023. The annual reappropriation
memorandum is anticipated to be presented to Council in October 2023. Given the timeliness
and urgency of the funding from the loan, the budgetary actions described in the
recommendation section of this report constitute an “early reappropriation”.
Funding of $3.0 million is recommended to be reappropriated from FY 2023 to FY 2024 as part of
this memorandum to support work related to this contract and minimize impacts to other work
planned in FY 2024. The recommendation recognizes that the unspent funds from FY 2023 will
1 November 10, 2014 City of Palo Alto Housing Element:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2014/id-5191.pdf
2 November 13, 2017 Comprehensive Plan Update: https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/reports/city-manager-reports-cmrs/year-archive/2017/8395.pdf
3 June 25, 2018 City of Palo Alto City Council Action Minutes:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-
agendas-minutes/00-archive/2018/06-25-18-action-minutes.pdf
fall to fund balance, and therefore this action draws on fund balance to encumber funds for this
contract; the impacts have already been incorporated into projections and discussion of available
fund balance in the Residential Housing In-Lieu Fund.
FISCAL/RESOURCE IMPACT
If approved, the project will receive $3.0 million from the City’s Residential Housing In- Lieu Fund
towards the development of the project. Sufficient funding is available to be appropriated as this
funding had been previously committed and earmarked as this is a technical realignment
between fiscal years.
Per the Housing Funding Guidelines, the loan terms are a 3% interest rate, deferred, residual
receipts, 55-year term loan. The loan may be forgiven at the City Council’s discretion at the end
of the loan. If the loan is repaid, staff will bring forward budgetary adjustments to recognize the
revenue during the annual budget process.
ENVIRONMENTAL REVIEW
Review and submittal of the attached report and the approval of the loan and related financing
regulatory documents are exempt from the California Environmental Quality Act (CEQA). On
January 11, 2022, the Santa Clara County Board of Supervisors certified the Final Environmental
Impact Report for the project.
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
Dear Mayor and Council Members:
On behalf of City Manager Ed Shikada, please find below the staff responses to questions from
Councilmember Tanaka regarding the Monday, August 7 Council Meeting consent agenda items.
Item 10: Approval and Authorization of the City Manager to Execute a Contract with Allied Universal
Technology Services (AUTS) (C24187696) in an Amount Not-to-Exceed $778,275 over 5 years and one
month period ending June 30, 2028 to provide Intrusion Detection System (IDS) monitoring and
notification services. CEQA status - not a project.
1. The new contract includes annual cost increases to account for inflation expectations, which
were not part of the previous contract. How are these increases calculated, and what specific
costs or factors do they account for? Can you provide a detailed breakdown of the cost
differences between the two contracts?
Staff response: The staff recommendation has been revised in a supplemental memorandum
released as part of the revised August 7, 2023 agenda, reflecting a one year contract term and
no longer includes this provision.
Item 12: Approval of FY 2024 Budget Amendment in the Residential Housing In-Lieu Fund for the
Reappropriation of $3.0 million from FY 2023 to FY 2024 for 231 Grant Avenue Loan Agreement; CEQA
– Not a Project
1. How were Mercy Housing and Abode Communities selected as the developers, and what
criteria were used in the selection process? Was there an open bid for the development
contract, and if not, why not?
Staff response: In February 2019, Santa Clara County issued a Request for Proposals (RFP) to
“create a high-quality educator workforce housing development at a central location in Palo
Alto”. Both Mercy Housing and Abode Communities responded to the RFP and were later
selected by the County. City staff do not have the details of the RFP criteria. For more
information, please visit the Mercy Housing California and Abode Communities Frequently
Asked Questions webpage.
Item 14: Approval of a General Services Contract with All City Management Services in an Amount not
to Exceed $3,920,865 Over a Five Year Term, for Crossing Guard Services; and Approval of a FY 2024
Budget Amendment in the General Fund (2/3 vote required); CEQA status - not a project.
1. The document also notes that the previous bid process received three bids, whereas the
current one received only one. Although information about providers’ needs to provide 8-
hour shifts is mentioned as an obstacle to responding, the RFP was sent to 741 vendors and no
other possible explanations for the lack of responses are mentioned. Why did this bid process
only result in one bid, and what efforts were made to encourage vendors to make bids?
Staff response: Police Department staff can only presume to know the reason why only
one company responded to the bid. Police staff are aware there are very few
companies that provide crossing guard services in the region. Staff was able to
identify three companies as possibly being capable of performing these services in
compliance with the City of Palo Alto and State of CA traffic laws and regulations. Those
three vendors were solicited. Police staff are not able to explain why the purchasing
portal contains 741 potential vendors. Several cities perform crossing guard services
through a city-led, internal program, if they are not contracting those services. However,
the Police staff recognized, many years ago, the most cost-effective method to perform
crossing guard services in Palo Alto was through an independent contractor. Staff still
maintains that position due to the added workload of recruiting, hiring, staffing, and
managing over 30 workers and their alternates (up to 60 part-time workers) to assign to
30 locations at short shifts, 180 days each school year.
2. The 27% cost increase is attributed to labor cost increases, but were there any other factors?
If so, what were they?
Regarding labor costs, it is important to note that for the previous 5-year contract, the
wage rate only rose from $23.02 in 2018 to $25.25 in 2023. The last several years post-
pandemic, there have been some staffing and supervision issues, due to the nature of
the job and the relatively few hours per day, that staff anticipates the increase in hourly
wage should alleviate. The additional labor cost can also be attributed to increases in
spending for hiring/recruitment, additional in-field supervision, training, equipment, and
insurance costs (according to All Cities Management Service). The current bid being
reviewed has an increase of $1.63/hour each year for the 5-year period, from $30.47 in
2023 to $37.08 in 2028.