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Home My WebLink About2014 02 26 Special MeetingNOTICE AND CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, FEBRUARY 26, 2014 AT 5:30 PM at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: February 24, 2014 Manuel Lozano Mayor AFFIDAVIT OF POSTING 1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on February 24, 2014, Alejandra Avila City Clerk a1 i CITY COUNCIL SPECIAL MEETING Please note time and FEBRUARY 26, 2014 oration 5:30 PM CITY HALL - 3d Floor, Conference Room 307 14403 EAST PACIFIC AVENUE MALDWIN PARK, CA 91706 (626) 960 -4011 BALDWIN ' ,A q R, t Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tern Cruz Baca - Councilmember Monica Garcia - Councilmember Susan Rubio - Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish - speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier terra que este bajo su jurisdiccion.. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el perfodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) min utos. Hay un int6rprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 5:30 PM CALL TO ORDER ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist, The legislative body or its staff may: I) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §549542] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA S1 REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algCln asunto a menos que sea incluido en la agenda, o a menos que exista algOna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] STUDY SESSION / OPEN SESSION 1 CONSIDERATION OF RESOLUTION 2014-004 APPROVING A TRANSFER AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND TELACU OF A REVOLVING LOAN FUND (RLF) PROGRAM FROM THE U.S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) AND A RELATED TRANSFER AGREEMENT BETWEEN THE EDA, AND THE CITY AND TELACU. It is recommended that the City Council: 1. Write off two outstanding loan balances totaling $43,378.38 that are both in technical default and that TELACU would still have the responsibility of collecting the outstanding balances. 2. Waive further reading, read by title only and adopt Resolution 2014-004 titled: RESOLUTION NO, 2014-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE TRANSFER OF THE ECONOMIC DEVELOPMENT ADMINISTRATION REVOLVING LOAN FUND TO TELACU COMMUNITY CAPITAL AND APPROVING THE REVOLVING LOAN FUND TRANSFER MEMORANDUM OF UNDERSTANDING AND THE OFFER AND ACCEPTANCE OF AWARD AMENDMENT FOR TRANSFER OF AWARD 3. Direct the Executive Team Manager or his designee to execute the REVOLVING LOAN FUND TRANSFER MEMORANDUM OF UNDERSTANDING, the OFFER AND ACCEPTANCE OF AWARD AMENDMENT FOR TRANSFER OF AWARD and related documents between the City of Baldwin Park and TELACU. 2. CONTINUED FROM FEBRUARY 19, 2014. A REQUEST FOR CONSIDERATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A SPECIFIC PLAN FOR THE FACILITATION OF UP TO A 72 UNIT MIXED -USE, AFFORDABLE, MULTI- FAMILY RESIDENTIAL DEVELOPMENT INCLUDING ONE MANAGER'S UNIT WITH 5,920 S.F. OF COMMERCIAL RETAIL SPACE WITHIN THE MU- 1(DO), (MIXED -USE 1, DOWNTOWN OVERLAY) AND C -1 (DO), (NEIGHBORHOOD COMMERCIAL DOWNTOWN OVERLAY ZONES). A RELATED REQUEST IS FOR A TENTATIVE PARCEL MAP TO CONSOLIDATE FIVE (5) LOTS OR PORTIONS THEREOF INTO NO MORE THAN THREE (3) PARCELS OF LAND WITHIN THE SAME ZONING DESIGNATIONS. (LOCATION: 14412 -14436 RAMONA BLVD. (ASSESSOR'S PARCEL NUMBERS: 6554- 001 -901, 907, 904, 913, AND 914); APPLICANT: ROEM DEVELOPMENT CORPORATION FOR SP 13 -01 AND ROEM DEVELOPMENT CORPORATION ON BEHALF OF THE CITY OF BALDWIN PARK FOR PM -1423; CASE NUMBERS: SPECIFIC PLAN (SP 13 -01) AND TENTATIVE PARCEL MAP (PM- 1423)). Staff and the Planning Commission recommend the City Council adopt Resolution 2014- 001 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK: (A) APPROVING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; (B) ADOPTING THE FINDINGS OF FACT A VD APPROVING THE SPECIFIC PLAN (SP 13 -01); AND (C) ADOPTING THE FINDINGS OF FACT AND APPROVING THE TENTATIVE MAP (PM -1423) TO CONSOLIDATE FIVE (5) LOTS OR PORTIONS THEREOF INTO NO MORE THAN THREE (3) PARCELS WITHIN THE MU-1 (DO), (MIXED -USE 1, DOWNTOWN OVERLAY) AND C-1 (DO), (NEIGHBORHOOD COMMERCIAL DOWNTOWN OVERLAY) ZONES. (LOCATION: 14412 -14436 RAMONA BOULEVARD, ASSESSOR'S PARCEL NUMBERS: 8554 - 001 -901, 904, 907, 913, AND 914; APPLICANT: ROEM DEVELOPMENT CORPORATION FOR SP 13 -01 AND ROEM DEVELOPMENT CORPORATION FOR THE CITY OF BALDWIN PARK FOR PM -1423; CASE NUMBERS: SP 13 -01 AND PM- 1423) ". RECESS TO CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9. Potential Case(s): two (2) .�. _A611-1 �� CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on February 24, 2014. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall; 2"d Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 813 -5204 or e -mail rcaballero Baldwin ark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) SUBJECT: Consideration of Resolution 2014-004 Approving a a n s�f Tr� 0, Agreement between the City of Baldwin Park and TE ACU Revolving Loan Fund (RLF) Program from the U.S. Department Commerce Econornic. Developme-f Administration Ic At NIL 1-1 11111#13 IWII ki.-Dmy and related Transfer Agreement between the EDA, the City and TELACUI WM 0 � To consider a Transfer Agreement between the City of Baldwin Park and TELACU to continue a Revolving Loan Fund Program to assist business formation and development in the City of Baldwin Park and a related three party (EDA, City, and TELACU) Transfer Agreement. The City of Baldwin Park is currently administering a Revolving Loan Fund (RLF) Program from the U.S. Department of Commerce Economic Development Administration (EDA) to assist local business formation and development. The loan requirements are set by the EDA and must conform to two major conditions: 1) The applicant must first receive two letters of loan denial from banking institutions; and, 2) The loan must result in job creation. Because of these two specific requirements, many potential applicants have been denied access to the RLF Program. Further, because of the recent economic downturn, many businesses were not in a position to expand and create new jobs. There are only two active loans. These two loans total $43,378.34. Unfortunately both are currently in technical default. TELACU has requested the City write off both these outstanding loans for a clear transfer of grant proceeds. If the loans are written off before they receive them, it will allow for greater flexibility in either restructuring them or pursuing other appropriate action for collection. RLF ® EDA Transfer February 26, 2014 Page 2 of 6 The RLF is funded with EDA funds and has a cash balance of approximately $1,682,073 including interest. Because of the ratio of funds available to the number of outstanding loans is lower than the EDA threshold, the Department of Commerce has sequestered those funds and requested the City to transfer its program to an approved loan administrator. TELACU was identified by EDA as an approved administrator to cover the Baldwin Park geographic area. The City Attorney with staff has negotiated with TELACU an MOU to provide for the orderly transfer of all functions of the EDA RLF to TELECU. It sets forth the duties required of the City to provide a complete accounting of all previous records and related transactions and it provides for TELECU to take responsibility for administering the program upon the anticipated approval of the Economic Development Administration on or about March 17, 2014. It specifies that TELECU will continue to operate and administer the EDA RLF for the benefit of qualifying Baldwin Park businesses that were previously offered by the City. Upon transfer, TELECU will have sole responsibility for the EDA RLF, and all requirements associated with it. Resolution 2014-004, attached to this -q+aff Pnnnr+ legally transfers the City's "F to TELECU to operate within the City. The Resolution also authorizes the Executive Team Manager or his designee to execute the two agreements. Attached to the Resolution as Exhibit 1 is the Revolving Loan Fund Transfer Memorandum of Understanding ("MOU"). The MOU is the agreement between the City and TELECU setting forth the conditions under which the parties agree to the transfer of funds. Also attached to the Resolution as Exhibit 2 is the Offer and Acceptance of Award Amendment for Transfer of Award. This offer and acceptance of transfer is an EDA document required to identified the various parties to the agreement. LEGAL REVIEW The City Attorney has reviewed the MOU Agreement with TELACU and the three party EDU Transfer Agreement. There is no fiscal impact to the General Funds. RLF Program is funded through the Department of Commerce Economic Development Administration. It is recommended that the City Council: RLF — EDA Transfer February 26, 2014 Page 3 of 6 Write off two outstanding loan balances totaling $ 43,378.38 that are both in technical default and that TELACU would still have the responsibility of collecting the outstanding balances. QW(M 1) Resolution No. 2014-004 2) Memorandum of Understanding between the City of Baldwin Park and TELACU 3) Offer and Acceptance of Award Amendment for Transfer of Award m WHEREAS, deserving businesses in the community in the City of Baldwin Park ("City") have access to low interest loans from the Economic Development Administration Revolving Loan Fund ("EDA RLF") to assist business formation, growth and development; and WHEREAS, TELACU Community Capital ("TELACU") wishes to administer and gain custody for the benefit of the City of Baldwin Park the EDA RLF, grant number 073902421;and WHEREAS, for the City's public, health, benefit, general welfare, and economic well- being, the City desires to relinquish custody and transfer to TELACU the EDA RLF; and WHEREAS, the Economic Development Administration is expected to approve the transfer of the EDA RLF, from the City to TELACU on or about March 17,2014. NOW, THEREFORE, THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Baldwin Park does hereby transfer custody of EDA RLF grant number 073902421 to TELACU, subject to anticipated approval by the Economic Development Administration on or about March 17, 2014. Resolution No. 2014-004 February 21, 2014 Page 2 SECTION 2. That the Revolving Loan Fund Transfer Memorandum of Understanding("MOU") between the City and TELACU, attached as Exhibit 1, is hereby approved; and SECTION 3. That the Offer and Acceptance of Award Amendment for Transfer of Award by and between the EDA, the City, and TELACU, attached as Exhibit 2, is hereby approved; and SECTION 4. That the Executive Team Manager or his designee shall have the authority to execute any related documents thereto, in order to effectuate said transfer; and SECTION 5. That this Resolution shall go into effect immediately upon execution arid adoption; and SECTION 6. That the City Clerk shall file a copy of this Resolution with the EDA, TELACU, and any affected public or private entities as determined by the City. VVEM Resolution No. 2014-004 February 21, 2014 Paf4e 3 1, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2014-XXX was duly adopted by the City Council of the City of Baldwin Park at a special meeting thereof held on February 26, 2014 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERA • NES: CO UNCIL MEMBER ABSENT: • • CUNCIL MEMBE B ASTAIN: COUNCIL MEMBER] [Is EVAN M we • • • r •• -- - • .• '. . • r4wr MIMI This Revolving Loan Fund Transfer Memorandum of Understanding (this "MOU") dated this 26th day of February 2014 is made by and between the City of Baldwin Park ("CITY"), a California municipality, and TELACU Community Capital ("TELACU"), a California non-profit corporation. VAI[11901�� WHEREAS, TELACU wishes to gain custody of the Economic Development Administration Revolving Loan Fund, grant number 073902421 ("EDA RLF"); and WHEREAS, The CITY wishes to relinquish custody of the EDA RLF, to TELACU; I I WHERAS, the Economic Development 'Administration is expected to approve the transfer of the EDA RLF, from the CITY to TELACU on or about March 17, 2014; WHEREAS, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, the parties hereto agree as follows: 1. The CITY agrees to the transfer of the EDA RLF to TELACU. 2. The CITY agrees to deliver all funds and financial information (including but not limited to, files, reports and audits) related to loans outstanding and closed associated with the EDA RLF to TELACU. 3. The CITY has not and is not aware of any contracts and/or agreements binding the EDA RLF. 4. The CITY is not aware of any legal proceedings that would affect or impact the EDA RLF. 5. The CITY hereby agrees to indemnify TELACU and TELACU's officers and hold them harmless should any contracts, agreements or legal proceedings surface after the transfer that affects the EDA RLF. 6. TELACU will agree to accept the transfer of all funds and the receipt of all financial information (including but not limited to, files, reports and audits) related to loans outstanding and closed associated with the EDA RLF from the CITY. 7. It is mutually agreed between both parties that upon final approval of the EDA RLF Transfer by the Economic Development Administration which is expected to occur on or about the 17t" day of March 2014, TELACU will gain full custody of the EDA RLF from the CITY. 8. It is furthermore mutually agreed between both parties that upon final approval of the EDA RLF Transfer by the Economic Development Administration which is expected to occur on or about the 17'h day of March, 2014, TELACU will have sole responsibility for the EDA RLF, and all requirements therefore associated with it. 9. TELACU agrees that it will continue to operate and administer the EDA RLF loan program in its entirety and offer to all Baldwin Park businesses (who qualify) the full benefits of the program that were offered by the City of Baldwin Park when the City of Baldwin Park operated the EDA RLF loan program, subject to there being no conflict with the EDA RLF award terms and conditions and are in line with TELACU's "Administrative Plan" submitted to the EDA. IN WITNESS WHEREOF, the parties hereto, though their duly authorized officers, have executed this MOU as of the day and year first set forth below. City of Baldwin Park TELACU Community Capital By: Michael Taylor By: Jose Rodriguez Executive Team Manager Executive Director Date: Date 1 =01A iiiiiiiiiiij 111111 111111111111 1111111111 11111111111111 I'll 1, ;Ill III III ! 111 1111111 !11111 - 0 0 *FFER ANDACCEPTANCE OF AWARD AMENDMENT FOR TRANSFER OF AWARD Award Grantor: Economic Development Administration U.S. Department of Commerce Award Numbers: 073902421 Purpose of Award: Implementation of a Revolving Loan Fund Program to assist business formation and development, and establish and operate a Revolving Loan Fund ("RLF") to assist businesses in transferor and transferee areas. Dismissed Grantee: City of Baldwin Park Successor Grantee: TELACU Community Capital The Assistant Secretary of Commerce for the Economic Development Administration, acting by and through the Assistance Secretary's delegated representative, pursuant to the authority provided by Title IX, Section 903 of the Public Works and Economic Development Act of 1965, as amended, hereby offers an amendment to transfer and consolidate to TELACU Community Capital ("TELACU"), the above referenced grant award previously granted to the City of I ... � ) . L.v is effective beginning 011 2) WO 1. 4. This _BMAWArin Park ("CJTV"�. T1_ transfer modifies the Economic Development Administration ("EDA") grant award in the following manner: 1. The CITY, releases all rights, title and interest in the award as set forth below: a) Audit and corrective action. Through the effective date of consolidation as of midnight _, 2014, the CITY, is responsible as the dismissed Grantee of the Economic Development Administration and, thereafter, TELACU is responsible as a Successor Grantee to EDA for any corrective action to repair any deficiency or disallowance noted in an audit or review by an independent or federal auditor or official. EDA will monitor any follow-up or corrective actions and work with the CITY and TELACU to remedy any outstanding issues as a result of the independent auditor report or subsequent issues as may be identified in subsequent audit reports for activity through the effective date of transfer and consolidation. For activity commencing _, 2014, TELACU is responsible as Successor Grantee for any corrective action to repair any deficiencies or disallowances. b) In the event that TELACU ceases to exist or is otherwise unable to carry out the duties under the EDA RLF Award 073902421, TELACU agrees to find a substitute grantee acceptable to EDA. c) Release and delivery of records. Notwithstanding the CITY's acceptance of this Offer, the CITY shall be responsible as a dismissed grantee to the EDA RLF Award 073902421 until it has released any and all RLF files, records and interest that it may hold in collateral to TELACU. A list of any liens, security agreements, title or liens on real property, personal guaranty agreements, UCC Offer of Award Amendment for Transfer of The CITY RLF to TELACU Page 2 of 4 filings or other interests in which the CITY may hold shall be included in the release. d) Prospective grant termination. In the event of future grant termination of the award for cause or convenience, the CITY is responsible for grant activity undertaken prior to the date of transfer effective midnight _, 2014. 2. TELACU fully replaces the CITY as grantee and is responsible for the operation and managements of the award, the EDA Technical Assistance Component, which has been completed, and the EDA RLF. TELACU is solely responsible for all award activity, loan awards, and loan actions subsequent to the effective transfer date beginning on 2014. 3. at I HU Financial Accounting — Transfer and Clonsolidation Date: I'lle-L'irialaccout-I'L:11-lg--Ul' expenses under the award as of the effective transfer date are reflected in the September 30, 2013 ED-209 Report and will be updated by the CITY to reflect current RLF Income, interest and fees earned to date less any loan losses and/or write-offs, as well as the individual and amended Special Award Conditions. The figures listed in the Special Award Conditions were provided and updated by the CITY in collaboration with TELACU and represent actual figures as of the close of business 12014. 4. Match Contributions: The CITY agrees to provide the local match contributions in the amount of $697,758 that provide 41.4% of their required amended local match for the Grant Award, with the intent of allowing these matching funds to remain with the RLF program. All EDA funds and local match contributions made by the CITY have either been paid out or de-obligated at the date and time of this Transfer. 5. Effective with the Date of Transfer, TELACU agrees to comply with the Department of Commerce Financial Assistance Standard Terms and Conditions dated March of 2008, which replaces any and all previous editions of such that have governed the award, as attached. 6. Effective with the Date of Transfer, TELACU agrees to comply with the Department of Commerce, Economic Administration, Revolving Loan Fund Financial Assistance Award Standard Terms and Conditions, dated , 2014, which replaces any and all previous editions of such that have governed the award. 7. Effective with the Date of Transfer, TELACU agrees to comply with the Standard Terms and Conditions for Non-Construction Programs applicable to the EDA Technical Assistance Component of Award 073902421, as attached. Effective with the date of transfer, TELACU agrees to comply with the new Special Award Conditions for the RLF Award No. 073902421, which replaces any and all previous Special Award Conditions, stipulates the amount of funds that will be transferred and consolidated and made available to TELACU and recites the contemporary special award conditions to which TELACU shall be bound. 9. For the award, TELACU agrees to comply with the OMB Circulars listed below: Offer of Award Amendment for Transfer of The CITY RLF to TELACU Page 3 of 4 a) 15 CFR Par 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Nonprofits, and Commercial Organizations (This replaces 15 CFR Part 24, applicable to the CITY). b) OMB Circular A -122, Cost Principles for Nonprofit Organizations (This replaces OMB Circular A-87, applicable to the CITY). c) OMB Circular A -133, Audits of States, Local Governments, and Nonprofit Organizations. This grant amendment does not carry any commitment or promise of additional funds from EDA. The amendment, transfer and consolidation of funds listed herein are the complete amount of Federal Financial Assistance. The Offer and Acceptance of Transfer, the new Special Award Conditions, the Department of Commerce Standard Terms and Conditions dated March of 2008, the Revolving Loan Fund Standard Terms and Conditions dated October 9, 2007, and OMB Circulars as described above i, Economic and appended to this Offf�er and. Acceptance, shall constitute th EE .—mic Develo ment Fp F Administration's obligation to transfer grant responsibilities and TELACU's commitment to comply with the terms of the transfer and consolidation, and use of the grant funds hereafter. Such obligation of the Economic Development Administration will be terminated without further cause if TELACU fails to sign and return this Offer and Acceptance to: Economic Development Administration, 915 Second Avenue, Room 1890; Seattle, WA 98174, within 30 days of the approval date entered below by the Economic Development Administration's Regional Director. {SIGNATURES ON NEXT PAGE) Offer of Award Amendment for Transfer of The CITY RLF to TELACU Page 4 of 4 Approved and Offered this by A. Leonard Smith, Regional Director Seattle Regional Office, Economic Development Administration of , 2014 W6 AC OF OFFER BY DISMISSED GRANTEVS AUTHORIZING OFFICIAL %-k- I- " The CITY hereby relinquishes all rights, titles, and interest to the Economic Development Administration Award Numbers: 073902421, as of the effective date of transfer at midnight , 2014, and under the terms and condition hereby provided. Michael Taylor, Executive Team Manager City of Baldwin Park Date ACCEPTANCEVF OFFEK-B'T-,'-N-,IICCESSIIOR,'$'RGAI-,TTZXTT',—VI'I'S A'V-tWZE-P OFFICIAL I TELACU, in the name and as by the titles "Recipient" and "Grantee", hereby accepts the amendment to the Economic Development Administration Award Numbers: 073902421, and affirms that it intends to use the amended grant award in accordance with the terms and conditions as referenced above and as appended in this Offer and Acceptance. Jose E Rodriguez, Executive Director TELACU Community Capital Date SUBJECT: CONTINUED FROM FEBRUARY 19, 2014. A request for consideration of Mitigated Negative Declaration of Environmental Impact and a Specific Plan for the facilitation of up to a 72 unit mixed-use, affordable, multi-family residential development including one manager's unit with 5,920 s.f. of commercial retail space within the MU-1(DO), (Mixed-Use 1, Downtown Overlay) and C-1 (DO), (Neighborhood Commercial Downtown Overlay zones). A related request is for a tentative parcel map to consolidate five (5) lots or portions thereof into no more than three (3) parcels of land within the same zoning designations. (Location: 14412-14436 Ramona Blvd. (Assessor's Parcel Numbers: 8554-001-901, 907, 904, 913, and 914); Applicant: ROEM Development Corporation for SP 13-01 and ROEM Development Corporation on behalf of the City of Baldwin Park for PM-1423; Case Numbers: Specific Plan (SP 13-01) and Tentative Parcel Map (PM-1423)). I This report requests City Council consideration of Mitigated Negative Declaration of Environmental Impact and a specific plan for the facilitation of up to a 72 unit mixed- use, affordable, residential development, including one (1) managers unit, with 5,920 s.f. of commercial retail space within the MU-1 (DO), (Mixed-Use 1, Downtown Overlay) and C-1 (DO), (Neighborhood Commercial Downtown Overlay zones), pursuant to Subchapter 153.210.660 of the City's Municipal Code. A related request is for a tentative parcel map to consolidate five (5) lots or portions thereof into no more than three (3) parcels of land, pursuant to Table 152.10 in the City's Municipal Code. Lei WoTiv-1 0I Lei In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed project could have a significant effect on the environment; however, there will not be a significant effect on the environment because revisions in the project have been made and agreed to by the Project Proponent. The Initial Study has been prepared by Rincon Consultants for the Planning Division and is currently in process of its public review period from December 10, 2013 to January 8, SP 13 -01 and PM -1423 February 26, 2014 Paqe 2 of 10 2014. As a result of the information contained in the Initial study, a Draft Mitigated Negative Declaration of Environmental Impact has been prepared by Rincon Consultants for the Planning Division for approval by the City Council (Attachment #4). A Notice of Public Hearing by the City Council on the proposed Specific Plan and Tentative Parcel Map was posted at, City Hall, Baldwin Park Community Center, and Barnes Park on January 24, 2014. Additionally, public hearing notices were mailed to all property owners within 300 feet of the subject site on January 22, 2014. This item first came to the City Council on February 5, 2014. At the time, some City Cotencil members indicated that they had concerns about the following issues: Parking, traffic, density and floor area. Floor Area Concerns were expressed about the floor area of the proposed dwelling units is too small. Although the floor areas are below the minimums as stated in the City's Zoning Code, the floor areas proposed are above the minimums required by the State of California tax credit entity which is proposed to fund a portion of this project. The proposed floor areas of the units are shown in the table below alongside a similar affordable multi - family project in Baldwin Park, Villa Ramona (13030 Ramona Boulevard), which was constructed in 2003. DWELLING UNIT TYPE FLOOR AREA PROPOSED VILLA RAMONA 1- bedroom 600 s.f. 560 s.f. 2- bedroom 800 s.f. 754 s.f. 3- bedroom 1,000 s.f. 1,180 s.f. In June, 2013 the City Council, Successor Agency of the City of Baldwin Park and ROEM Development Corporation entered into an Affordable Housing Agreement ( "Agreement "). This Agreement sets forth the density (number of units) of the proposed project as well as the parking for both the residential and commercial components of the project. The physical structure would consist of a high - quality, mixed use project consisting of approximately 72 residential rental units (including one, two and three bedroom units) and commercial space fronting Ramona Boulevard of approximately 6,000 square feet of gross building area. Parking As mentioned in the staff report dated, February 5, 2014, parking for the commercial /retail component of the project is provided at a rate of one space for each 250 s.f. of floor area (4/1,000) and is primarily located in the public right -of -way area adjacent to Ramona Boulevard. A minimum of 24 parking spaces are required based upon the overall retail floor area. Any overflow parking can be accommodated in the adjacent Transit Center Parking Structure. C:\Amy1AMY\WORD \Reports \Counci1 Reports \SP 13 -01 PM -1423 #3.doc SP 13 -01 and PM -1423 February 26, 2014 Paqe 3 of 10 The Specific Plan provides for a lower parking rate than the rate required by the Code for the residential uses. All of the residential units have now been allocated 1.5 parking spaces each, for a total of 105 spaces. The Code currently requires 163 parking spaces (including guest parking) for the up to a maximum of 72 dwelling unit project. This is allowed by the Specific Plan due to the fact that the project is transit - oriented and provides affordable housing units. Transit - oriented developments typically require fewer parking spaces than regular development due to their location near transit hubs and proximity to goods and services. This increases the likelihood that residents are more likely to rely on public transit for their commutes as further discussed in the CEQA documentation as part of the traffic analysis (Attachment #4 of the staff report dated February 5, 2014). Parking for the residential units will be located within the existing adjacent Transit Center Parking Structure. Traffic Fehr and Peers conducted a transportation analysis for the Baldwin Park Transit Center Apartments. Their study focused on three (3) key intersections, Maine Avenue and Ramona Boulevard, Bogart Avenue and Ramona Boulevard and Bogart Avenue and Pacific Avenue and analyzed for different traffic scenarios: Existing Year 2013 Conditions; Existing (Year 2013) with Project Conditions; Future (Year 2016) without Project Conditions and Future (Year 2016) with Project Conditions. In summary, the proposed project is expected to generate 882 daily trips on a typical weekday, of which 35 trips are expected to occur during the morning peak hours of lam to 9am and 67 trips are expected to occur during the evening peak hours of 4pm to 6pm. Future (Year 2016) without and with the project capacity and operational analysis shows that all three intersections are expected to operate at an acceptable level of service (LOS), LOS D or better in both the morning and evening peak hours. Details on the transportation analysis are included in the environmental documentation (Attachment #4 of the staff report dated February 5, 2014). Summary of actions related to ROEM Project The table below shows a summary of the actions on the project by the City Council and Planning Commission. DATE DOCUMENT TYPE ACTION TAKEN September 5, Exclusive Negotiation Approved by the City Council. 2012 Agreement (ENA June 19, 2013 Affordable Housing Agreement Approved by the City Council. Specific Plan (SP 13 -01) Recommendation of approval to January 22, 2014 Parcel Map (PM -1423) the City Council by the Planning Commission (Resolution 14 -01 February 5, 2014 Specific Plan (SP 13 -01) City Council continued the item Parcel Map (PM -1423) to February 19, 2014 February 19, 2014 Specific Plan SP 13 -01 City Council continued the item C:\Amy\AMY\WORD \Reports \Council Reports \SP 13 -01 PM -1423 #3.doc SP 13 -01 and PM -1423 February 26, 2014 Pape 4 of 10 DATE DOCUMENT TYPE ACTION TAKEN Parcel Map (PM- 1423) to February 26, 2014 to address questions posed by Councilmember Baca. loxr7,1a:7�►Tll This report has been reviewed and approved by the City Attorney's Office as to legal form and content. Staff and the Planning Commission recorri«ierid the City Council adopt Resolution 2014 -001 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK: (A) APPROVING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; (B) ADOPTING THE FINDINGS OF FACT AND APPROVING THE SPECIFIC PLAN (SP 13 -01); AND (C) ADOPTING THE FINDINGS OF FACT AND APPROVING THE TENTATIVE MAP (PM -1423) TO CONSOLIDATE FIVE (5) LOTS OR PORTIONS THEREOF INTO NO MORE THAN THREE (3) PARCELS WITHIN THE MU- 1(DO), (MIXED -USE 1, DOWNTOWN OVERLAY) AND C- 1 (DO), (NEIGHBORHOOD COMMERCIAL DOWNTOWN OVERLAY) ZONES. (LOCATION: 14412 -14436 RAMONA BOULEVARD, ASSESSOR'S PARCEL NUMBERS: 8554- 001 -901, 904, 907, 913, and 914; APPLICANT: ROEM DEVELOPMENT CORPORATION FOR SP 13 -01 AND ROEM DEVELOPMENT CORPORATION FOR THE CITY OF BALDWIN PARK FOR PM -1423; CASE NUMBERS: SP 13 -01 AND PM- 1423) ". FINDINGS OF FACT — SPECIFIC PLAN (from February 5, 2014) 1) The specific plan is consistent with and provides for the orderly, systematic and specific implementation of the General Plan. The specific plan is consistent and will provide for the orderly, systematic and specific implementation of the General Plan, in that the specific plan is for a specific, transit - oriented, mixed use, affordable housing development with up to a maximum of 72 dwelling units and 5,920 s.f. of commercial /retail space. The specific plan is located within the Downtown Area noted in Goal 8.0 of the Land Use Element of the General Plan which seeks to establish a pedestrian "core" for the Downtown Area. Additionally, Policy 8.1 encourages the City to provide a mix of commercial and multi - family residential uses to create 24 -hour activity in the Downtown, which is exactly what the Specific Plan facilitates to create for these properties. 2) The land use and development regulations within the specific plan are comparable in breadth and depth to regulations contained in this chapter. C:\Amy�AMY\WORMReports \Council Reports \SP 13 -01 PM -1423 #3.doc SP 13 -01 and PM -1423 February 26, 2014 Paae 5 of 10 The proposed development standards contained in the specific plan do vary some from the development standards contained in the City's Municipal Code, however, as shown in Table #3 (February 5, 2014 staff report), all of the development standards are met to a certain extent, however the most significant reduction is in the number of on -site parking stalls required. A reduction in the development standards for on -site parking is justified in that the project proposal is transit - oriented given its close proximity and walking distance to the Baldwin Park Metrolink Rail Station, the MTA rapid bus route along Ramona Boulevard, which feeds into the El Monte Bus Station, as well as Foothill Transit bus routes which serve the San Gabriel Valley. Transit - oriented development typically requires fewer parking than regular development due to its location near transit hubs and proximity to goods and services. This reduces the likelihood that residents to have two automobiles per unit and instead residents will rely on public transit and other alternative modes of transportation. 3) The specific plan will not adversely affect the public health and safety or result in incompatible land uses. This specific plan is consistent with Goal 8.0 of the Land Use Element of the General plan which seeks to establish a pedestrian `Core' for the Downtown as noted with the transit - oriented, mixed use development including up to a maximum 72 multi- family residential units and the 5,920 s.f. of commercial /retail space. The specific plan is also consistent with Policy 8.1 which is to provide for a mix of commercial and multi - family residential uses... and allows mixed use development to consist of vertical integration of commercial and residential uses as shown on the plans attached as an exhibit to the Specific Plan. 4) The specific plan provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of development entailed in the specific plan. The specific plan is not phased. It is anticipated that the Developer, ROEM Development Corporation, will construct the transit - oriented, mixed use development project with up to a maximum of 72 dwelling units, exterior and interior residential open space, and 5,920 s.f. of retail commercial space in one phase. Development of the proposed project will comply with the development standards and design guidelines contained within the specific plan. 5) The specific plan identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. The Applicant shall be required to provide all infrastructure as required by the City and any outside utility companies to the project site as part of not CAAmy\AMY\WORD \Reports \Council Reports \SP 13 -01 PM -1423 #3.doc SP 13 -01 and PM -1423 February 26, 2014 Paqe 6 of 10 only the Specific Plan, but also the tentative Parcel Map (PM- 1423). There are no financing mechanisms noted in the specific plan and financing of the infrastructure and the overall development of the transit - oriented mixed use development will be completely borne by the Developer. However, this project is partly subsidized by the City with a contribution of land and federal funds for low income family with additional funding from state tax credits. As such, the City has reviewed and vetted a financial pro -forma to guaranty the financing mechanism enabling this project. FINDINGS OF FACT — TENTATIVE PARCEL MAP (from February 5, 2014) 1. Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services. Requests for comments /conditions on the proposed parcel map were sent to the following outside entities as indicated in Table #5 in the staff report on December 3, 2013. The following entities responded: Los Angeles County Sanitation District, Los Angeles County Fire Department, and Valley County Water District. Comments and conditions from the responding agencies have been addressed in the findings and are included, as applicable, as conditions of approval of the tentative parcel map. Additionally, staff includes a general condition of approval that any and all conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative parcel map. Accordingly, the proposed project, with the recommended conditions of approval from the various utility companies, would have all necessary utilities. 2. An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. As shown in the Table #5 (February 5, 2014 Staff Report), the property is serviced by Valley County Water District (Attachment #8). They indicate that the proposed project will be connected through new water service to the parcels. The Public Works Department has also indicated that each parcel is required to have separate water service. As a result, the proposed parcels would be serviced by an adequate domestic water distribution system approved by the Fire Department. As conditioned, the proposed parcels would be serviced by an adequate domestic water distribution system. 3. An adequate sewage system designed and constructed to serve each lot proposed to be created. C:\Amy\AMY\WORD \Reports \Council Reports \SP 13 -01 PM -1423 #3.doc SP 13 -01 and PM -1423 February 26, 2014 Paae 7 of 10 The Sanitation District of Los Angeles County (District) has issued a letter which is summarized as follows: (1) wastewater flow will discharge into a local sewer line not maintained by the District; (2) generated wastewater is treated at the San Jose Creek Water Reclamation Plant and if at capacity is diverted and treated at the Joint water Pollution Control Plant in Carson; (3) the expected increase in average wastewater flow will be approximately 11,812 gallons per day; and (4) a connection fee shall be paid as determined by the District (February 5, 2014 Staff Report Attachment #9). The Public Works Department has indicated that the existing sewer system is adequate, provided that the Applicant provide a separate and independent connection to the main sewer line for each property. Therefore, staff has included a condition of approval that the project comply with all conditions of approval of the Public Works Department which includes a condition that there be separate sewage connections to the proposed parcels. 4. An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. Pursuant to the Public Works Department's comments (February 5, 2014 Staff Report Attachment #7), the Applicant will not be required to provide off -site improvements relating to storm water drainage dependent upon review and approval of a submitted grading plan for the properties. However, any proposed construction will be subject to the City's Development Impact Fee, Flood Control. Provided that the Applicant meets the conditions of approval and the grading plan is approved, there should be adequate storm water drainage for each lot. 5. An adequate public and /or private street and /or alley system designed and constructed to serve each lot proposed to be created. The City's Public Works Department has determined that there is an adequate public street system to serve each lot. However, certain conditions of approval are required that relate to the public right -of -way and include construction of drive approaches to each property which meet ADA requirements, ADA compliant wheel chair ramp, installation of street trees, and replacement/ reconstruction of any damaged public right -of- way or street improvements during the construction process in accordance with the City's current standards. 6. An adequate traffic regulatory system, including necessary traffic signals, signs, pavement markings and stripings. The City's Public Works Department has concluded the current conditions provide for an adequate traffic regulatory system, however, specific C:\Amy\AMY\WORD \Reports\Cound1 Reports \SP 13 -01 PM- 1423 #3.doc SP 13 -01 and PM -1423 February 26, 2014 Page 8 of 10 improvements are required to the public right -of -way including street tree planting, new parkway irrigation and landscaping, ADA compliant wheel chair ramp, new drive approach construction for each property and replacement/reconstruction of any damaged existing improvements as a result of the new construction. 7. The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility Districts) of the Municipal Code. As part of a condition of approval from the Public Work's Department and pursuant to Chapter 97 of the City's Municipal Code all utilities shall be undergrounded to each of the properties. This requirement is also addressed as part of the overall plan check requirements for not Only review of the final map, but also the proposed construction of the transit - oriented, mixed use development. 8. Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. Staff is of the opinion that provided that the Applicant obtains approval by the City Council on the Parcel Map and the related Specific Plan and meets and or exceeds the conditions of approval the lot(s) would have adequate service and could be subdivided consistent with the City's codes. 9. In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed subdivision and in conjunction with the proposed Specific Plan, the proposed lots each meet the minimum development standards contained within the Municipal (Zoning) Code, including, minimum lot size, lot depth, and lot width, in addition to those conditions and development standards contained in the Specific Plan. As a condition of approval, any existing structures located on the property shall be demolished or brought into conformance with the current Zoning Code and /or adopted specific plan standards prior to the parcel map being finalized. Additionally the tentative parcel map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new C:\Amy\AMY\WORD \Reports \Council Reports \SP 13 -01 PM -1423 #3.doc SP 13 -01 and PM -1423 February 26, 2014 development that is compatible with and compliments existing conforming land uses" as the proposed parcels meet the existing development standards contained in the Code. Any future development on the subject properties will be subject to the Specific Plan, SP 13 -01, provided it is adopted by the City Council, otherwise, any future development will be subject to the current density for the respective zoning designation, development standards, design guidelines, and processes at the time of submittal The Public Works Department, as part of their comments, has included a requirement for the Applicant to submit plans relating to grading and erosion control for review and approval. 1) The subject property shall be subdivided and maintained in substantial compliance with Exhibit `A' dated January 22, 2014; and 2) Decorative block walls with cap shall be installed around the perimeter of each property and installed in accordance with the adopted Specific Plan 13 -01. Any fences and /or walls shall be subject to the development standards contained in the Specific Plan relating to material, maximum allowable height and yard setback. Proposed wall material shall be subject to review and approval by the Planning Division; and 3) Should any existing trees on the property that are designated as a Mature Tree in accordance with the City's Tree Ordinance be removed, a tree removal application shall be submitted to the City's Tree Department (Planning Division) for review and approval prior to any said removal; and 4) Any proposed structures shall be developed in compliance with the current development standards and design guidelines contained within the adopted Specific Plan 13 -01; and 5) The parcel map may be subject to the following Development Impact Fees, as required: Public Art Flood Control Traffic Impact Parkland In -Lieu 6) The Applicant shall comply with all comments and conditions of approval as determined by the City's Public Works Department as shown on Attachment #7; and C:Wmy\AMrWORD \Reports \Council Reports \SP 13 -01 PM -1423 #3.doc SP 13 -01 and PM -1423 February 26, 2014 Paoe 10 of 10 7) The Applicant shall comply with all comments and conditions of approval as determined by the Valley County Water District, the water purveyor for the subject project, as shown on Attachment #8; and 8) The Applicant shall comply with all comments and conditions of approval as determined by the Los Angeles County Sanitation District as shown on Attachment #9; and 9) The Applicant shall comply with all comments and conditions of approval as determined by the Los Angeles County Fire Department, as shown on Attachment #10; and 101 In accordance with the requirements of the Public Works Department, the Applicant shall provide separate and independent water and sanitary sewer service to each property; and 11) Pursuant to Chapter 97, Part 2 of the City's Municipal Code, all utilities shall be undergrounded to each of the parcels; and 12) The Applicant shall disclose to each individual on all rental agreements that the respective unit may be adjacent to, or nearby the City of Baldwin Park's Police Station; and 13) That the Applicant shall install or cause to be installed individual, independent service to each separate property for any and all utility companies that provide service to said properties, including but not limited to Valley County Water District, Southern California Edison, The Gas Company, Verizon Telephone, and Time Warner Cable; and 14) The Final Map shall comply with the time frames as contained within the California Subdivision Map Act,- and 15) The Applicant shall sign and have notarized an affidavit within ten (10) days of the date of this resolution, stating that the applicant has read and accepts all of the conditions of approval. malf- 'LyCIii1�I>i #1 — Resolution 2014 -001 #2 — Supplemental Memorandum REPORT PREPARED BY: Amy L. Harbin, AICP, City Plain r4 CAAmy"Y\WORD \Reports \Council Reports \SP 13 -01 PM- 1423 #3.doc i '' RESOLUTION 2014 -001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK: (A) APPROVING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; (B) ADOPTING THE FINDINGS OF FACT AND APPROVING THE SPECIFIC PLAN (13 -01); AND (C) ADOPTING THE FINDINGS OF FACT AND APPROVING THE TENTATIVE MAP (PM -1423) TO CONSOLIDATE FIVE (5) LOTS OR PORTIONS THEREOF INTO NO MORE THAN THREE (3) PARCELS WITHIN THE MU- 1(DO), (MIXED -USE 1, DOWNTOWN OVERLAY) AND C -1 (DO), (NEIGHBORHOOD COMMERCIAL DOWNTOWN OVERLAY) ZONES. (LOCATION: 14412 -14436 RAMONA BOULEVARD, ASSESSOR'S PARCEL NUMBERS.- 8554- 001 -901, 907, 904, 913, and 914; APPLICANT: ROEM DEVELOPMENT CORPORATION FOR SP 13 -01 AND ROEM DEVELOPMENT CORPORATION FOR THE CITY OF BALDWIN PARK FOR PM -1423; CASE NUMBERS: SP 13 -01 AND PM- 1423)" THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) That applications ( "Applications ") for a Specific Plan (SP 13- 01) and Tentative Parcel Map (PM -1423) were submitted on behalf of the owner of certain real property, located at 14412 -14436 Ramona Boulevard (Los Angeles County Assessor's Parcel Numbers: 8554 -001- 901, 904, 907, 913 and 914), in the City of Baldwin Park, described more particularly in the Applications on file with the City Planner; and (b) The Applications are sought to allow the approval of: (1) a Specific Plan which will facilitate the development of a no more than 72 dwelling unit, transit - oriented, mixed use affordable multi - family project, including one manager's unit with 5,920 square feet of commercial retail space and (2) a tentative parcel map to consolidate five lots or portions thereof into no more than three parcels of land within the MU -1 (DO) (Mixed Use -1 Downtown Overlay) and C -1 (DO) (Neighborhood Commercial Downtown Overlay) Zones pursuant to Subchapter 153.210.660 and Table 152.10, respectively in the City's Municipal Code; and Resolution 2014-001 SP 13-01 and PM-1423 February 26, 2014 Page 2 (c) That a duly noticed public hearing was held on said Applications by the City Council, and based upon evidence presented including applicable staff reports for the Specific Plan and Tentative Parcel Map and each member of the City Council being familiar with the properties, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Applications are present and that the City Council should approve the Specific Plan and the Tentative Parcel Map; and (d) An Initial Study was prepared for the proposed Project in accordance with the provisions of the California Environmental Quality Act (CEQA), as amended, and the CEQA Guidelines. The City, as the Lead Agency, has determined, on the basis of the Initial Study, that the proposed Project will not have a significant impact on the environment. Based upon the findings of the Initial Study, Rincon Consultants on behalf of the Lead Agency (City of Baldwin Park) has prepared a Mitigated Negative Declaration, with regard to the proposed Project; and (e) The Initial Study and Mitigated Negative Declaration were made available to the public for review and comment between December 10, 2013 and January 8, 2014 as required by law; and (f) A properly noticed public hearing was held by the City Council of the City of Baldwin Park on February 5, 2014, at which time evidence was heard on the Initial Study and Mitigated Negative Declaration, and (g) On February 5, 2014, the City Council voted to continue the item to February 19, 2014; and (h), On February 19, 2014, the City Council voted to continue the item to February 26, 2014. SECTION 2. The City Council, based upon its public review, approves the proposed Mitigated Negative Declaration, since there is no substantial evidence that the proposed project will have a significant impact on the environment. SECTION 3. The City Council does hereby adopt the Findings of Fact applicable to Specific Plans: (a) The specific plan is consistent with and provides for the orderly, systematic and specific implementation of the General Plan. The specific plan is consistent and will provide for the orderly, systematic and specific implementation of the General Plan, in that Resolution 2014 -001 SP 13 -01 and PM -1423 February 26, 2014 Paae 3 the specific plan is for a specific, transit- oriented, mixed use, affordable housing development with 70 dwelling units and 5,920 s.f. of commercial /retail space. The specific plan is located within the Downtown Area noted in Goal 8.0 of the Land Use Element -of the General Plan which seeks to establish a pedestrian "core" for the Downtown Area. Additionally, Policy 8.1 encourages the City to provide a mix of commercial and multi - family residential uses to create 24 -hour activity in the Downtown, which is exactly what the Specific Plan facilitates to create for these properties. (b) The land use and development regulations within the specific plan are comparable in breadth and depth to regulations contained in this chapter. The proposed development standards contained in the specific plan do vary some from the development standards contained in the City's Municipal Code; however, as shown in Table #3, all of the development standards are met to a certain extent, however the most significant reduction is in the number of on -site parking stalls required. A reduction in the development standards for on- site parking is justified in that the project proposal is transit - oriented given its close proximity and walking distance to the Baldwin Park Metrolink Rail Station, the MTA rapid bus route along Ramona Boulevard, which feeds into the El Monte Bus Station, as well as Foothill Transit bus routes which serve the San Gabriel Valley. Transit - oriented development typically requires fewer parking than regular development due to its location near transit hubs and proximity to goods and services. This reduces the likelihood that residents to have two automobiles per unit and instead residents will rely on public transit and other alternative modes of transportation. (c) The specific plan will not adversely affect the public health and safety or result in incompatible land uses. This specific plan is consistent with Goal 8.0 of the Land Use Element of the General plan which seeks to establish a pedestrian `Core' for the Downtown as noted with the transit- oriented, mixed use development including 70 multi - family residential units and the 5,920 s.f. of commercial /retail space. The specific plan is also consistent with Policy 8.1 which is to provide for a mix of commercial and multi - family residential uses... and allows mixed use development to consist of vertical integration of commercial and residential uses as shown on the plans attached as an exhibit to the Specific Plan. Resolution 2014 -001 SP 13 -01 and PM -1423 February 26, 2014 Paae 4 (d) The specific plan provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of development entailed in the specific plan. The specific plan is not phased. It is anticipated that the Developer, ROEM Development Corporation, will construct the transit - oriented, mixed use development project with 70 dwelling units, exterior and interior residential open space, and 5,920 s.f. of retail commercial space in one phase. Development of the proposed project will comply with the development standards and design guidelines contained within the specific plan. (e) The specific plan identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. The Applicant shall be required to provide all infrastructure as required by the City and any outside utility companies to the project site as part of not only the Specific Plan, but also the tentative Parcel Map (PM- 1423). There are no financing mechanisms noted in the specific plan and financing of the infrastructure and the overall development of the transit - oriented mixed use development will be completely borne by the Developer. However, this project is partly subsidized by the City with a contribution of land and federal funds for low income family with additional funding from state tax credits. As such, the City has reviewed and vetted a financial pro - forma to guaranty the financing mechanism enabling this project. SECTION 4. The City Council does hereby adopt the Findings of Fact applicable to Tentative Parcel Maps: (a) Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services. Requests for comments /conditions on the proposed parcel map were sent to the following outside entities as indicated in Table #5 in the staff report on December 3, 2013. The following entities responded: Los Angeles County Sanitation District, Los Angeles County Fire Department, and Valley County Water District. Comments and conditions from the responding agencies have been addressed in the findings and are included, as applicable, as Resolution 2014 -001 SP 13 -01 and PM -1423 February 26, 2014 Paae 5 conditions of approval of the tentative parcel map. Additionally, staff includes a general condition of approval that any and all conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative parcel map. Accordingly, the proposed project, with the recommended conditions of approval from the various utility companies, would have all necessary utilities. (b) An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. As shown in the Table #5 in the Staff Report, the property is serviced by Valley County Water District (Attachment #8). They indicate that the proposed project will be connected through new water service to the parcels. The Public Works Department has also indicated that each parcel is required to have separate water service. As a result, the proposed parcels would be serviced by an adequate domestic water distribution system approved by the Fire Department. As conditioned, the proposed parcels would be serviced by an adequate domestic water distribution system. (c) An adequate sewage system designed and constructed to serve each lot proposed to be created. The Sanitation District of Los Angeles County (District) has issued a letter which is summarized as follows: (1) wastewater flow will discharge into a local sewer line not maintained by the District; (2) generated wastewater is treated at the San Jose Creek Water Reclamation Plant and if at capacity is diverted and treated at the Joint water Pollution Control Plant in Carson; (3) the expected increase in average wastewater flow will be approximately 11,812 gallons per day; and (4) a connection fee shall be paid as determined by the District (Attachment #9). The Public Works Department has indicated that the existing sewer system is adequate, provided that the Applicant provide a separate and independent connection to the main sewer line for each property. Therefore, staff has included a condition of approval that the project comply with all conditions of approval of the Public Works Department which includes a condition that there be separate sewage connections to the proposed parcels. (d) An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. Resolution 2014 -001 SP 13 -01 and PM -1423 February 26, 2014 Page 6 Pursuant to the Public Works Department's comments (Attachment #7), the Applicant will not be required to provide off -site improvements relating to storm water drainage dependent upon review and approval of a submitted grading plan for the properties. However, any proposed construction will be subject to the City's Development Impact Fee, Flood Control. Provided that the Applicant meets the conditions of approval and the grading plan is approved, there should be adequate storm water drainage for each lot. (e) An adequate public and /or private street and /or alley system designed and constructed to serve each lot proposed to be created. The City's Public Works Department has determined that there is an adequate public street system to serve each lot. However, certain conditions of approval are required that relate to the public right -of -way and include construction of drive approaches to each property which meet ADA requirements, ADA compliant wheel chair ramp, installation of street trees, and replacement/ reconstruction of any damaged public right -of -way or street improvements during the construction process in accordance with the City's current standards. (f) An adequate traffic regulatory system, including necessary traffic signals, signs, pavement markings and stripings. The City's Public Works Department has concluded the current conditions provide for an adequate traffic regulatory system, however, specific improvements are required to the public right -of- way including street tree planting, new parkway irrigation and landscaping, ADA compliant wheel chair ramp, new drive approach construction for each property and rep lacement/reconstruction of any damaged existing improvements as a result of the new construction. (g) The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility Districts) of the Municipal Code. As part of a condition of approval from the Public Work's Department and pursuant to Chapter 97 of the City's Municipal Code all utilities shall be undergrounded to each of the properties. This requirement is also addressed as part of the overall plan check requirements for not only review of the final map, but also the proposed construction of the transit - oriented, mixed use development. Resolution 2014 -001 SP 13 -01 and PM -1423 February 26, 2014 Page 7 (h) Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. Staff is of the opinion that provided that the Applicant obtains approval by the City Council on the Parcel Map and the related Specific Plan and meets and or exceeds the conditions of approval the lot(s) would have adequate service and could be subdivided consistent with the City's codes. (i) In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed subdivision and in conjunction with the proposed Specific Plan, the proposed lots each meet the minimum development standards contained within the Municipal (Zoning) Code, including, minimum lot size, lot depth, and lot width, in addition to those conditions and development standards contained in the Specific Plan. As a condition of approval, any existing structures located on the property shall be demolished or brought into conformance with the current Zoning Code and /or adopted specific plan standards prior to the parcel map being finalized. Additionally the tentative parcel map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new development that is compatible with and compliments existing conforming land uses" as the proposed parcels meet the existing development standards contained in the Code. Any future development on the subject properties will be subject to the Specific Plan, SP 13 -01, provided it is adopted by the City Council, otherwise, any future development will be subject to the current density for the respective zoning designation, development Resolution 2014 -001 SP 13 -01 and PM -1423 February 26, 2014 Page 8 standards, design guidelines, and processes at the time of submittal. The Public Works Department, as part of their comments, has included a requirement for the Applicant to submit plans relating to grading and erosion control for review and approval. SECTION 5. The City Council does hereby adopt the Conditions of approval applicable to Tentative Parcel Maps: (a) The subject property shall be subdivided and maintained in substantial compliance with Exhibit `A' dated January 22, 2014, and (b) Decorative block walls with cap shall be installed around the perimeter of each property and installed in accordance with the adopted Specific Plan 13 -01. Any fences and /or walls shall be subject to the development standards contained in the Specific Plan relating to material, maximum allowable height and yard setback. Proposed wall material shall be subject to review and approval by the Planning Division; and (c) Should any . existing trees on the property that are designated as a Mature Tree in accordance with the City's Tree Ordinance be removed, a tree removal application shall be submitted to the City's Tree Department (Planning Division) for review and approval prior to any said removal; and (d) Any proposed structures shall be developed in compliance with the current development standards and design guidelines contained within the adopted Specific Plan 13 -01; and (e) The parcel map may be subject to the following Development Impact Fees, as required: Public Art Flood Control Traffic Impact Parkland In -Lieu (f) The Applicant shall comply with all comments and conditions of approval as determined by the City's Public Works Department as shown on Attachment #7; and (g) The Applicant shall comply with all comments and conditions of approval as determined by the Valley County Water District, the water purveyor for the subject project, as shown on Attachment #8; and Resolution 2014 -001 SP 13 -01 and PM -1423 February 26, 2014 Paoe 9 (h) The Applicant shall comply with all comments and conditions of approval as determined by the Los Angeles County Sanitation District as shown on Attachment #9; and (i) The Applicant shall comply with all comments and conditions of approval as determined by the Los Angeles County Fire Department, as shown on Attachment #10; and (j) In accordance with the requirements of the Public Works Department, the Applicant shall provide separate and independent water and sanitary sewer service to each property; and (k) Pursuant to Chapter 97, Part 2 of the City's Municipal Code, all utilities shall be undergrounded to each of the parcels; and (1) The Applicant shall disclose to each individual on all rental agreements that the respective unit may be adjacent to, or nearby the City of Baldwin Park's Police Station; and (m) That the Applicant shall install or cause to be installed individual, independent service to each separate property for any and all utility companies that provide service to said properties, including but not limited to Valley County Water District, Southern California Edison, The Gas Company, Verizon Telephone, and Time Warner Cable; and (n) The Final Map shall comply with the time frames as contained within the California Subdivision Map Act, and (o) The Applicant shall sign and have notarized an affidavit within ten (10) days of the date of this resolution, stating that the applicant has read and accepts all of the conditions of approval. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the City Planner and the Applicant. PASSED AND APPROVED this 26th day of February, 2014. MANUEL LOZANO, MAYOR BALDWIN PARK CITY COUNCIL Resolution 2014-001 SP 13-01 and PM-1423 February 26, 2014 Page 10 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution 2014-001 was duly and regularly approved and adopted by the City Council at a special meeting thereof, held on the 26th day of February, 2014 by the followinq vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALEJANDRA AVILA, CITY CLERK 1 J ■ FROM: Marc Castagnola, AICP, Community Development Manag Dan Wall, Director of Public Works Jo Bartoloti, Police Captain Jason Adams, Police Officer Derek Allen, Director of Development, ROEM Corp. I 97A 9 X-1 417rF.MyMwill1i V SUBJECT: ROEM Transit Village Project Supplemental Information On February 19, 2014, during the City Council meeting consideration of Agenda item #12, ROEM Transit Village project, Councilmember Cruz Baca requested a series of information. All relevant City Departments and the Developer participated in providing answers to the questions raised as follows: 1. PD parking changes as per Jason Adams/Joe Bartolotti plan. I saw that ROEM is offering $100,000.00 for changes ... would like to see a little more. On February 4, 2014, City staff, including Marc Castagnola, Community Development Manager, Dan Wall Director of Public Works, Amy Harbin, City Planner, Police Captain Joe Bartoloti and Officer Jason Adams met with Derek Allen, Director of Development with the ROEM Corporation to review a design proposal prepared by Officer Adams and discuss implementation plans. The design proposal focused on two areas: a) the Sally Port, and b) alternative design for a new Police compound. a) The Sally Port: In order to construct the Transit Village Apartments, the existing Police carport and evidence room will need to be relocated to its current designated space in the parking garage. In addition, the existing carport and evidence room will need to be demolished. The Sally Port is not a part of the ROEM development project and as such will remain as is. Should the Sally Port incur any damages during the demolition of the existing carport and evidence room, ROEM is proposing to spend up to $100,000 for repairs. ROEM Transit Village Supplemental Information February 26, 2014 b) Alternative design for new Police compound: In addition to the parking provided in the parking structure, the Police design proposes a new Police compound adjacent to the current Sally Port and includes an extension to Pacific Avenue. This is a Public Works project and will be implemented as such. Currently the Public Works Department is assisting the Police Department in improving a City owned vacant lot in order to assist in this alternative design process. Further implementation to complete this proposal requires the service of an architectural consultant specializing in Police requirements including security, movement of prisoners and other sensitive design. These points were discussed with all members present at the February 4th meeting which resulted in a joint satisfactory conclusion to move forward with the procedures listed above. 2. Original agreement had said 1 1/2 space per unit (103 spaces). Why was it changed to 70? According to the Disposition and Development Agreement as specified in the Affordable Housing Agreement approved by City Council on June 19, 2013, parking for the ROEM Transit Village may be provided in the adjacent parking structure at a maximum ratio of 1.5 parking spaces per unit, not to exceed a total of 107 parking spaces. Per the Affordable Housing Agreement, the total number of parking spaces shall be determined based on entitlement review. On January 22, 2014, the Planning Commission recommended the ROEM Transit Village for approval with a parking ratio of 1 parking space per unit. In order to approve a higher parking ratio of 1.5 parking spaces per unit, for a project total of 105 parking spaces, a recommendation must be made at the February 26, 2014 Special Meeting. 3. Traffic study said there should be signal @ Bogart and Pacific. Need to see in final agreement. How will this work with signal already @ Downing and Pacific? The City was awarded a State — Highway Safety Improvement Program (HSIP) Grant of $344,600 to design and construct the Bogart and Pacific signalized intersection and median improvements. This HSIP project is being combined with a $269,970 Federal SAFETEA-LU funded project to design and construct improvements along Maine Avenue between Bogart and Ramona to relieve traffic congestion. A major consideration in the design of the traffic signal at Bogart and Pacific is ensuring that it will synchronize with the rail crossing and the existing Downing and Pacific signal so that vehicles on Pacific are able to clear the train tracks. ROEM Transit Village Supplemental Information February 26, 2014 This combined project is in its final stage of design and it is anticipated that a construction contract will be awarded in July 2014 4. Need to see designated "Permit" parking enforcement in place. ROEM should be responsible for Code Enforcement costs to enforce this. Timeline • when cars should • removed from structure (11:00pm?) • they will • towed. ROEM's Management Team in conjunction with a towing company will be responsible for the parking enforcement. Attached is Section G of the standard resident lease agreement. Also attached is a sample parking registration form. Section G states, "...parking stickers are required for all cars parked on the premises. Cars without required parking stickers will be considered unauthorized and towed without warning. Resident agrees that any vehicle that is improperly parked, or in violation of vehicle or parking policies without written permission of Owner may be removed at the expense of the vehicle's owner. Owner is the only authorized agent for the towing of vehicles. Resident shall register all household vehicles with Owner. Resident agrees to provide vehicle information (license number, make, model, etc.) and provide updated information in the event of changes. Vehicles on the premises must be currently registered and properly insured according to state law." This section dictates how ROEM's Management Company intends to manage resident and guest parking for the Baldwin Park Transit Village project. California Co -tified b,ease SECTION G: VEHICLES PARKING /SPEED LIMITS: Resident shall observe, and cause all members of Residents household and guests to observe, the posted speed limits on drives in the premises, to park and cause members of Resident s household and guests to park only in assigned parking areas; not to block access to other parking spaces, garages or for emergency vehicles, or to other residences, and not drive, or park any vehicle on the lawn, driveway, or other areas for common use in the premises. Vehicles parked within 15 feet of a fire hydrant or in a fire lane will be towed without warning. Vehicles may not be backed into parking spaces. Vehicles which create a nuisance due to excessive music or activation of a car alarm shall be removed from the property at the owner s expense. Parking designated for the office is not to be used during operating business hours. Vehicles parked in designated handicapped spaces without display of handicap placard or handicap plates are subject to immediate towing. Parking stickers are required for all cars parked on the premises. Cars without required parking stickers will be considered unauthorized and towed without warning. Resident agrees that any vehicle that is improperly parked, or in violation of vehicle or parking policies without written permission of Owner may be removed at the expense of the vehicle s owner. Owner is the only authorized agent for the towing of vehicles. Unassigned Parking: Communities with unassigned parking, the following applies: Parking is on a first come /first serve basis. Residents having more than one vehicle per household are requested to be considerate of other residents when parking second vehicles. Infrequently used second vehicles are to be parked in more remote parking areas as designated by Owner. Additional vehicles are to be parked off the premises. VEHICLE REGISTRATION: Resident shall register all household vehicles with Owner. Resident agrees to provide vehicle information (license number, make, model, etc.) and provide updated information in the event of changes. Vehicles on the premises must be currently registered and properly insured according to state law. RECREATIONAL VEHICLES: Recreational vehicles such as trailers, motor homes and boats are not allowed to be parked on the premises. Motorcycles are subject to same rules as automobiles. They must be operated in a safe manner at all times. Motorcycles are considered vehicles and must be parked in an appropriately designated parking space. Motorcycles may not be parked on sidewalks, in stairwells, on patios, on porches or in any other area not designated for the parking of vehicles. No recreational vehicles, trailers or boats are allowed on the premises except with written consent of Owner. INOPERABLE VEHICLES: All vehicles must be currently registered, licensed and in operating condition. Any vehicle in violation of this provision will be towed at owner s expense within the compliance with vehicle code of the state. Repair work, oil changes and similar work is not permitted in the parking lots. Such work must be done off the property. Resident agrees that any vehicles that are inoperable for more than 72 consecutive hours without written permission of Owner may be removed at the expense of the vehicle s owner. Vehicles not moved in excess of 7 days will be considered inoperable. Extra vehicles cannot be stored on the property. Vehicle maintenance on the premises is prohibited. Residents and /or guests shall not park vehicles in a state of disrepair on premises. This includes operational vehicles leaking on parking surfaces. Leaks and spills and /or damages caused by same are the responsibility of Resident. The owner of any vehicle that leaks oil in the parking lot will be held responsible forclean -up and /or damage charges. WASHING VEHICLES: Residents may wash or spray off vehicles only in designated areas of the premises. Resident will make every effort to not waste water if a designated area exists. Owner will advise residents if a specific area exists on the property. If no designated area exists, Residents may not wash or spray off vehicles anywhere on the premises. Initial: ° t€ASE C Nat Ct { ' Q 31 I W -arij I z 1 [0 1 a Xej 6, j I t E,,71 I Us] ', I ; m a in I Date: Apartment #: February 20, 2014 Parking Permit #: VEHICLE INFORMATION Make: Model: Year: Color: License Plate #: DMV Registration Expiration Date: Name of Tenant: Name of Vehicle Owner: (Resident Signature) Date entered into Real Page: Date Date: February 20, 2014 Apartment Parking Permit #: VEHICLE INFORMATION Make: Model: Year: Color: License Plate #: DMV Registration Expiration Date: Name of Tenant: Name of Vehicle Owner: (Resident Signature) Date entered into Real Page: Date