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HomeMy WebLinkAbout0576.000.. \ .. . ' ') ~~ ~sta 10 MoVQmber 1S t 1990 THE HONORABLE C I'ri COtJNCIL PALO ALTO .. CA DJ!IQ11IO. POI HI PlJRcu.SB or 639 !.OS ROBLBS AVENUE BY THE PALO ALTO _008n.o COllPOBATI01l Members of the Council: leport. ip Bria' This report is a follow-up to the report (CMR~559:0) recommending funding to assist the Palo Alto Housing Corporation (PAHC) in purchasinq 630 Los Robles Avenue, approved by council on November St 1990. This report requests the vithdrawal of $2.1 million from the Housing-Reserve Fund t to be deposited in escroW' for the purchase of 630 Los Robles Avenue by the PARe, and an amendment to the existing ROusi"9 Reserve Guidelines adopted in 1986. Mel!:qroup4 on November 5, 1990, Council approved funding of $2.1 million from the Residential-Miscellaneous account of the Housing Reserve Fund to the. PARe tor its pu:t.'chase of a J 3 unit townhouse complex at 630 Los Robles Avenue. Council also approved a loan of $1 million from the Industrial-Commercial account of the Fund to the Residential­ Miscellaneous account. CUrrently, the Residential-Miscellaneous account ha~ only $1.1. million. The combined $2.1 million is to be placed in escrow to be used toward the purchase of 630 Los Robles Avenue. The use of these tunas is made with the understanding that there viII be n~otiations with local representatives regarding the possible use of Community Development Block Grant (COBG) funds tor the qran~ instead of the $1 million from the Industrial-Commercial account. It is staff's understanding that if COBG funds are not available just prior to clcse of es~r~w (December 14, 1990), the Industrial-Commercial account monies will he loaned to the CKR:576:0 /' o Residential-Miscellaneous account and used. If this occurs, Council also required that any monies deposited in the future in the Residential-Miscellaneous account must 'be used to I"eimburse the Industrial-Commercial account until the $1 million loan is replaced. No interest is to be charged, and the reimbursement to the Industrial-CQmmercial account will also include either $352, SOO or 50 percent of the proceeds (whichever is larger) from the sale of the Bryant Street Well site. In addition. the City Manager and city Attorney Blust review and approve the LEvel One hazardous material study being conducted concerning thE"-property; and the PAHC must notify the City if any change in the transaction materially affects the purchase price. Staff bas prepared the a't-tached Budget Amendment Ordir.a:nce to authorize the loan from the Industrial-Commercial account and the withdrawal of $2.1 million fronl the Residential-Miscellaneous account ~or de~sit in Ticor Title Insu~ance Escrow No. 0593919 towards the purchase of 630 Los Robles Road. Housing Reserve Gyidelines Modification Council's action on November 5th also requires adoption of a modification to the 1986 Housing Reserve Guidelines permitting the loan from the Housing Reserve Industrial-Commercial account. The lIIodl:fication as proposed by staff will add a sentence to the guidelines to read as fol1o~s: -However, no-interest loans may be made on a case-by-case basis, as determined by the City Council., from the I.ndustrial-Commercial account to the Residential­ Miscelianeous account to support the aCq'..Jisitioll of eXisting housing to he used for low and moderate income families. III The entire HQusinq Reserve Guidelines with the proposed modifications underlined is attached as Exhibit A~ Bpvlronmental Review This use of housing reserve funds is not considered a project under CEQA requirements. Therefore, no environ'mental findings are required by the city. Regop.&n4atiop Staff recommends that Council: 1) Itdept the Budget Alnendment Ordinance mak.ing $2.1 million available to the PARC toward the purchase of 630 Los Robles Avenue, 'With the condition that the City Manager and City Attorney review and approve the Level One hazardous materials report and City staff review the possibility of using COSG funds, and CMR: 576: 0 2 , • o 2) Authori~e a no-interest loan ot $1.0 million from the Industrial-Commercial account to the Residentio&l-Miscellaneou9 .ccou.nt~ 3) Adopt the attached llIodification to the existing Housing Reserve Guidelines to allow-, on a case-by-case basis with Council approval, loans to the Residential-Miscellaneous account trom the Industrial-Commercial account. 4} Authorize the city Manaqe~ to execute any documents necessary to complete the funding process. R •• pectfully submitted, ~ttachaents: BAO EYJbibit A -Housinq Reserve Guidelines ce~ Palo Alto Housing corp. Related 0IRs: CJIR:S59:0 CIIR,576:0 3 , , c. ORDINANCE NO. , , / ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR THE FISCAL YEAR 1990-91 TO ESTABLISH AN APPROPRIATION IN i"IIE HOUSING RESERVE FUND RESIDENTIAL ACCOUNT FOR CONTRIBUTION TO THE PALO ALTO HOUSING CORPORATION FOR PlJRCHASE OF 530 LOS ROBLES AVENUE WHEREAS # pursuant to the provisions of Section ~2 of Article III of th~ Charter of the City of Palo Alto, the Council on June 18, ~990 did adopt a budqet for fiscal year 1990-91; and l.~EREAS, the Palo Alto Housing Corpo:r~tion (=PAHC·) has requested financial assistance from the City to purchase a 33-unit townhouse complex located at 630 Los Robles Avenua (-Property-), Which vill be used for additional low and moderate income housing in the City; and WHEREAS, the Residential-Miscellaneous account of the Housing P..eserve. Fund (-Residential account .. } was established to provide adJ.itional affordable housing: in the City and the account has available funds for this purpose; and WHEREAS, the council has authorized a no-interest loan from the Industrial-Commercial account of the Housing Reserv~ FUnd (-Industrial-Commercial account-) to the Residential account under this ordinance, to supplement the funds available in that account tor con~ribution to t~e PARe for its purchase of the property; and WHEREAS, tha Council intends that the Industrial-Commercial account will be reimbursed for the loan to the Residential account from fifty percent of the proceeds from the sale of the Bryant street veIl site, but in no event less than $362,500, and from future contributions to the Resiaential ac~ount; and WHEREAS, the Council also intends that the PAHe will provide the City, for its review and 6pproval, the Phase I geotechnical investiqation report on t,he Proper~y and will notify the City of any changes in the transaction ~hich ~ould materially affect the costs associated with the purchase of the property; NOW, THEREFORE, the Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. One Million Dollars ($1,000,000) shall be transferred froll the Industrial-Commercial account of the Housing Reserve Fund to the Residential account of said Fund and the followinq two (2) receivables shall be established in the Industrial-ColRJDercial account: (1) Three Hundred Sixty-two Thousand piv. Hundred Dollars ($352,500), payable from the Capital Improve­ ment Fund; and (2) the balance of the One Killion Dollars ($l,OOO,~OO), payable from future contributions to the Residential account~ SECTIOH 2. The receivables est~blished under Section 2 shall be adjusted to reflect the aotual net proceeds from the sale of the Bryant Street well site, with the Capital Improvement Fund payment to the Industrial-Commercial account to be fifty percent (50') of those proceeds but in no event less than ThrEe Hundred sixty-two Thousand Five Hundred Dollars ($362,500). SECTION 3. The sum of Two Hi 11 ion One Hundred Thousand Dollars ($2,100,000J is hereby appropriated to the Residential Account General Expenses Account for payment to the PARe in escrow for purchase of the Property" and the Residential account is ccrrespondingly reduced. However-" such payment to the PAHC is subject to the city's review and approval of the Phase I qeotechni­ cal investiga.tion report on the Property and. PARe's: notification to the City at any changes in the transaction ~hich would materially affect the costs associated ~ith the purchase of the Property. SECTION". This transaction will reduce the Housing Reserve Fund balance from $3,545,141 to $1,782,,541 as of OCtober 31" 1990. Tbe CApital Improvement Reserve will be reduced from $5,,037,,553 to $4~675,OS3 as of october 31, 1990. SECTION 5. The Council of the City of Palo Alto hereby fin4s that the enact1nent of this ordinance is not a project under the california Environmental Quality Act and" ther-efore, no environmen­ tal l~pact assessment is necessary. SECTION 6. Municipal Code, adoption. As provided in Section 2.04.375 of the Palo Alto this ordinanca shall become effective upon INTl\C.'OOCED AND PASSED, AYES, !IDES: Ar..sTENTIONS: ABSENT: ATTEST: APPROVED, city C~l~er~k------------Mayor • APPROVED AS TO FORK, city Attorney APPROVE!): city Manager DIrector of Finance D~rector of Planning .. o EXHIBIT A HOUSING RESERVE GtTIDKLTNES PUrpoRt The Hou8inq Reserve (the Reserve) is a separate City fund set 6side for the specific purpose of assisting in the development ot housing that is affordable to low, moderate and middle income families and in assistinq in the housing needs of 10\1 and JIIoderate income persons~ All monies contributed to the Reserve end interest earnings accrued shall be used solely for these purposes, subject to guidelines set forth below. The Reserve is Blade up of t'Wo accounts, the -Industrial-Commercial­ and the -Residential-Miscellaneous· accounts. Monies received from industrial and commercial developers, pursuant to Chapter 16.47 of the Palo Alto Municipal Code*, are deposited by the City Finance Department in the Industrial-commercial account~ Monies received from residential developers" in-lleu of providinq housing under the City"s Below Market Rate (BMRj Proqra~ (Program 12 of the Housing El_ent), are deposited by the Finance Depa:rbnent in the Residential-Miscellaneous account. This second account also includes .onies from miscellaneous sources that ara intended for Oousinq purposes (e.q." Mortgage Revenue Bond fee paY!Dent, Webster Wood payments, and any repayment of loans from the Reserve)~ Eligible Uses The Reserve will be used to reduce the cost of housing to levels that are affordable to low, moderate and middle income families, as defined in the City's Comprehensive Plan. A preference ~ill be qiven to projects with housing for families ~ith minor children, however, this prererence does not preclude the use of funds tor other types of housinq affordable to the low, moderate and middle incoae. Monies that have been cradite~ to the Industrial­ Commercial account must be used to support the construction of new housing development l whereas monies credited to the Residential­ Miscellaneous account may be used for either new or existing bousinq. However, no-interest loans may be made on a case-by-case basis Ie deternined by the City coun_c::il from the Industrial­ Commercill Account to then Residential-Miscellaneoys account to aupport the acquisition of existing housing to be used for l~ I'Merote income families. Eligible uses include, but are not limited to, the followinq: .Including payments required pursuant to the California Environmental Quality Act prior to enactment of Chapter 16~47. y .-. Eligible UB •• in Support of New Lo~/noderatelMiddle Income Housing J>evelop."nt. l~ Purchase ot land or air riqhts for resale to developers at a reduced coat to facilitate housing development tor low, moderate and .iddle income households; 2. Reduction ot interest rates for construction loans or peraan.nt financinq used by developers or purchasers of low# moderate And aiddle income housing; 3. Payment ot predevelopment and development costs .. including the cost. associatea with obtalninq Mortgage Revenue Bond tinanclfl<~H and Payment ot off-site costs directly relating and middle income housing development connections .. road improvements). to low, moderate, (e.q., utility Eligible Uses in SUpport of Existing Low/ModerAte Ingom@ Housing 1. Costs in support ot the City'S Rental Housinq Acquisition Program; and 2'. Reesonable expenses necessary to acm.inistar the City~s BeloW' Market Rate Program or other City-sponsored housing p~ograms. Request for use of the Reserve funds shall be submitted to the City Xar~qer for review and recommendation ~o the City Council~ A request for funding should provide the following minimum information: 1~ SiZe of loan or grant requested; 2~ A description of the proposal tc be tunded a~d the orqanizations involved in the project~ Public benefit and relevant Comprehensive Plan Housinq policies and programs. should be identified; 3.. IdentlficCition ot the number of low, Itoder.itte, and middle income persons to be assisted and the specific income Lange of those assisted; .c ~ Reasons why a grant, rather than a loan, is requested (if applicable); 5. Identification of loan rate and terms .. security or collateral, and source of repayment funds {if applicableJ ~ and 6. Identification of leverage .achieVed throuqh City grant or loan~ .. > .. ,"c'," , '-:: ~ , A~ the cIa.. of .ach fiscal year, the Director of Finance and the Director of PlannIng> and COllllllunity Environment shall report on activity during thc previoc.s year (deposits and transfers) and available fu.nds.. Ttl"! city Auditor's Office shall periodically .xaalne t:b.J.. report. and all HousiTl9 Reserve funds, and shall report on the results ot thla examination~