NOTICE 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, May 4, 2022 at 5:00 PM.
Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Posted: April 28, 2022.
Emmanuel J. Estrada
Mayor
AFFIDAVIT OF POSTING
I, Marlen Garcia, 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 of May 4, 2022.
Marlen Garcia,
City Clerk
AGENDA
BALDWIN PARK CITY COUNCIL
SPECIAL MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 _ _
May 4, 2022
5:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0 dDFRjy59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member
PLEASE TURN OFF ALL ELECTRONIC DEVICES
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers must
address the Council as a whole and refrain
from making impertinent, slanderous, or
profane remarks or disrupt the peace of the
meeting.
COMENTARIOS DEL PUBLICO
Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda .
De acuerdo con el capítulo 39 del Código Municipal
de la Ciudad de Baldwin Park, los comentaros deben
se dirigidos al Concilio como una sola entidad, y no
ser imper tinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.
CALL TO ORDER:
ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será 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: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on May 4 , 2022 to [email protected]. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your reques t in your communication up to 48 hours prior to the meeting . If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public comm unications so that City business can be conducted, after which time, communications can resume.
OPEN SESSION/STUDY SESSION
• Baldwin Park Fire Safety Campaign Presentation
RECESS TO CLOSED SESSION
1. Conference With Legal Counsel—Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case Name: Maria Cortez Vides v. City of Baldwin Park Case No. 22STCV11511 Case Name: David Lopez Becerra v. City of Baldwin Park Case No. 22STCV06605 Case Name: John Rios v. City of Baldwin Park Case No. 19STCP05465
CITY COUNCIL
SPECIAL MEETING – 5:00 P.M.
2. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9:
Potential Case(s): Six (6)
RECONVENE IN OPEN SESSION
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, 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 of May 4, 2022.
Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail [email protected].
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 II)
AGENDA
BALDWIN PARK CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 May 4, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member
PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING.
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.
In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers
must address the Council as a whole and
refrain from making impertinent, slanderous,
or profane remarks or disrupt the peace of
the meeting.
COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que esté bajo su
jurisdicción. De acuerdo con el capítulo 39 del
Código Municipal de la Ciudad de Baldwin Park, los
comentaros deben se dirigidos al Concilio como
una sola entidad, y no ser impertinentes,
difamatorios, o profanos, o interrumpir la paz de la
reunión.
City Council Agenda Page 2
CITY COUNCIL
REGULAR MEETING – 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Alejandra Avila , Monica Garcia, Paul C.
Hernandez, Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J.
Estrada
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Older Americans Proclamation
Presented to Senior Center Participants
• Plaque in Recognition of Senior of the Year
Jorge Hernandez
• Certificate in Recognition of AACI National Sports Medicine Competition California Regional High School Sports Student of the Year Presented to Deliannie Zaragoza
• Baldwin Park Police Oath of Office
Police Officer Joseph Valencia
Police Officer Jeremy Miranda
Police Officer Beatriz De Santiago
Police Officer Anthony Cabriales
Dispatcher Jessica Gutierrez
Dispatcher Yessenia Enriquez
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el límite 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 ex ist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staf f to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstan cia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 7:00 PM to 8 :00 PM on May 4, 2022 to [email protected]. You will be contacted by a staff member City Council Agenda Page 3
and will be granted 3 (three) minutes to speak live duri ng the meeting. If you are a non-English Speaker and require translation services in
another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced ). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume.
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda.
1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
2. Approval of Contract with A -1 Concrete and Construction Inc. for the Julia McNeill Senior Center Repairs
Staff recommends that the City Council:
1. Authorize Director of Recreation & Community Services to Execute the Contract with A-1 Concrete & Construction Inc.; and
2. Authorize the Director of Finance to make necessary amendments to the budget.
3. Approve Resolution 2022 -018, “A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute Master Agreement No.07 -5323S21 with the State of California and Execute Program Supplement Agreements No. 00000A006 and No. 00000A007 to Administering Agency-State Agreements for Federal-Aid Projects” Staff recommends that the City Council adopt Resolution No. 2022 -018, entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute the Master Agreement No.07 -5323S21 with the State and Program Supplement Agreements No. 00000A006 and No. 00000A007 and to Administering Agency-State Agreement for Federal-Aid Projects”.
4. Adoption of Resolution No. 2022-019, “A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer’s Report for the Landscape and Lighting Maintenance Assessment District for FY 2022 -2023, Declaring the Intent to Levy and Collect Assessments, and Setting a Time and Place for a Public Hearing”
Staff recommends that the City Council adopt Resolution No. 2022 -019 entitled, “A Resolution of the City Council of the City of Baldwin Park, Califor nia, Approving the Engineer’s Report for the Landscape and Lighting Maintenance Assessment District for FY 2022 -2023, Declaring the Intent to Levy and Collect Assessments and Setting a Time and Place for a Public Hearing”.
5. Adoption of Resolution No. 2022-020, “A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer’s Report for the Citywide Park Maintenance Assessment District for FY 2022 -2023, Declaring the Intent to Levy and Collect Assessments , and Setting a Time and Place for a Public Hearing”
Staff recommends that the City Council adopt Resolution No. 2022 -020 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer’s Report for the Citywide Park Maintenance Assessment District for FY 2022 - 2023, Declaring the Intent to Levy and Collect Assessments and Setting a Time and Place for a Public Hearing”.
City Council Agenda Page 4
6. Housing Element Progress Report 2021
Staff recommends that the City Council receive and file the report.
7. Approving an Agreement with JWA Urban Consultants Inc. (JWA) to Provide Temporary As -Needed Planning Consulting Services Related to City Staff Augmentation for the Planning Division
Staff recommends that the City Council authorize the Chief Executive Officer to finalize and execute the agreement approved as to form by the City Attorney between the City and JWA Urban Consultants Inc. (JWA) to provide temporary as -needed planning consulting services related to Staff Augmentation Support for the Planning Division; authorize the Director of Finance to make necessary budget adjustments.
8. Proposed New Family Service Center Status Update
Staff recommends that the City Council receive and file the report.
PUBLIC HEARING
9. Public Hearing Regarding Fiscal Year 2022-23 Annual Action Plan Staff recommends that the Mayor and City Council Hold a Public Hearing and accept public testimony; and approve the Final 2022 -23 Annual Action Plan and authorize the City Manager to execute the documents required for submission of this Plan for CDBG and HOME Funds to the United States Department of Housing and Urban Development.
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
Request by Mayor Pro Tem Daniel Damian
• Mayor Pro Tem Damian requests City Council discussion and direction to include a new hourly part time pay rate to compliment the recently approved new entry level hourly rate as part of the upcoming fiscal year 2022-2023 budget.
ADJOURNMENT
City Council Agenda Page 5
CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, 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 72 hours prior to the meeting. Dated this 29th day of April 2022.
Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City C lerk at (626) 960 -4011 ext. 466 or via e -mail at [email protected].
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 II) _________ ________
STAFF REPORT
ITEM NO. 1
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: May 4, 2022
SUBJECT: City of Baldwin Park’s Warrants and Demands
SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The payroll for the last period was $481,942.22 and the attached General Warrants Register was $794,388.25 for a total amount of $1,276,330.47.
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released:
1. The last payroll of the City of Baldwin Park consists of check numbers 201371 to 201384 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 32499 to 32736 for the period April 3, 2022 through April 16, 2022, inclusive; these are presented and hereby ratified in the amount of $481,942.22.
2. General Warrants, with the bank drafts in the amount of $355,173.58 and checks from 235939 to 236069 in the amount of $439,214.67 for the period of April 7, 2022 to April 21, 2022, inclusive; in the total amount of $794,388.25 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Check Register
ITEM NO. 2
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services DATE: May 4, 2022
SUBJECT: Approval of Contract with A-1 Concrete & Construction Inc. for the Julia McNeill Senior Center Patio Repairs
SUMMARY
The purpose of this staff report is for City Council to consider approval of contract with A-1 Concrete & Construction Inc. for Patio Repairs.
RECOMMENDATION
Staff recommends that the City Council:
1. Authorize Director of Recreation & Community Services to Execute the Contract with A-1 Concrete & Construction Inc.; and
2. Authorize the Director of Finance to make necessary amendments to the budget
FISCAL IMPACT
The total project amount is $25,130. The total approved CIP budget amount is $100,000 from the Quimby Fund (CIP22-030, Acct# 234-60-620-58100-56001). The project has no fiscal impact to the General Fund budget at this time.
BACKGROUND
At their September 1, 2021, City Council Meeting, City Council approved Fiscal Year (FY) 2021-2022 CIP budget, which included a line item under Cost Center 620 for the repairs and replacement of the fountain located between the Julia McNeill Senior Center and Esther Snyder Community Center. Staff secured bids to conduct repairs and replace the fountain in the patio area. The fountain will be replaced with an 8-foot fountain like the original fountain. The new fountain includes a light feature package and a new commercial grade water pump. In addition, the project includes the removal of a small planter and the installation of a trellis. Below are the bids received.
Contractor Cost
A-1 Concrete & Construction Inc. 25,130.00
In Him Construction, Inc. 28,720.00
CWS System Inc. 67,400.00
The bid exceeds the signing authority of the Chief Executive Officer. A-1 Concrete & Construction Inc. previously completed the City Hall 2nd Floor remodel.
ALTERNATIVES
The proposed alternate is not to authorize the contract with A-1
LEGAL REVIEW
No required.
ATTACHMENTS
1. Fountain Image
Fountain
ITEM NO. 3 ________ ________
STAFF REPORT
TO: Honorable Mayor and City Council members
FROM: Sam Gutierrez, Director of Public Works
DATE: May 4, 2022
SUBJECT: Approve Resolution 2022-018, “A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute Master Agreement No.07-5323S21 with the State of California and Execute
Program Supplement Agreements No. 00000A006 and No.
00000A007 to Administering Agency-State Agreements for
Federal-Aid Projects”
SUMMARY
This item will approve the adoption of Resolution 2022-018, authorizing the Director of Public Works to execute Master Agreement No.07-5323S21 with the State of California Department of Transportation. The Item also Authorizes the Public Works Director to execute the Program Supplement Agreements (PSA) No. 00000A006 for ATPLNI-5323(038) and No. 00000A007 for ATPL-5323(039). The PSA will incorporate the Walnut Creek-San Gabriel River East Bank Greenway and Neighborhood Connections Bike Path Project and the supportive education, encouragement, and evaluation programs administered throughout the project area into the renewed Master Agreement No. 07-5323S21.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-018, entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute the Master Agreement No.07-5323S21 with the State and Program Supplement Agreements No. 00000A006 and No. 00000A007 and to Administering Agency- State Agreement for Federal-Aid Projects.”
FISCAL IMPACT
There is no impact to the General Fund associated with the execution of the State Master Agreement and the two PSAs. The State Master Agreement and the two PSAs allows State funds in the amount of $104,000 for ATPLNI-5323(038)and $573,000 for ATPL-5323(039) to be authorized from the State of California through the administering agency (Caltrans District-7 Local Assistance Office).
BACKGROUND
On September 19, 2012, the City of Baldwin Park entered into an Agency-State Agreement (known as a Master Agreement) with the State of California, Department of Transportation (Caltrans). The Master Agreement serves as the funding mechanism and administration document for state and/or federal grant-funded projects that are awarded to the city. The typical term for the Master Agreement is ten (10) years and as federal and state grants are awarded to the city, the projects are incorporated into the Master Agreement through Program Supplement Agreements (PSAs). Specific technical information regarding each individual project including a detailed cost, scope, and schedule would be contained in a PSA developed and customized for each project.
The Master Agreement must be executed prior to, or concurrent with the California Transportation Commission’s (CTC) approval of a transportation project application. Since the existing Master Agreement is set to expire on September 19, 2022, a new Master Agreement is required to be adopted and executed in order two incorporate newly and future grant-awarded projects through PSAs.
DISCUSSION
On March 17, 2022, the California Transportation Commission’s (CTC), allocated State funds through its Active Transportation Program (ATP Cycle 3) for the construction of the San Gabriel Commuter Bike Path Greening Project. The allocated amount, totaling $766,000, encompasses two (2) State Grants: ATPLNI-5323(038) for non-infrastructure work and ATPL-5323(039) for construction.
As a condition for the State to reimburse grant funds, the City must execute Program Supplement Agreements ATPLNI-5323(038) and ATPL-5323(039), which contain specific technical information such as detailed costs, scope, schedule, payments, reports, and other aspects of the project. The PSAs will be incorporate the project into the new Master Agreement No. 07- 5323S21 in order for the City to commence expenditures on the project and to invoice the State on a reimbursement basis.
The Project is for 2.5 miles of Class I bicycle and pedestrian path starting at the west side of the existing San Gabriel River Bikeway on the San Gabriel Channel Levee at Ramona Boulevard, an existing Los Angeles County Flood Control service road South of Ramona Boulevard, traveling under the 1-10 Freeway bridge to the confluence of the San Gabriel River, then under the I-605 Freeway bridge to a rest area at Walnut Creek Nature Park and ending at Baldwin Park Boulevard where it connects to a class III Bicycle Route. The entire project is built on right-of- way controlled by the City, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, SCE, Army Corp and Caltrans, being accessed by the City or through a Land Use Agreement with the Los Angeles County Department of Public Works and Permits from Caltrans District 7, SCE, Army Corp, and LA Department of Water and Power.
Funds from grant ATPLNI-5323(038) will be used for non-infrastructure work which will support the project with public outreach, education, encouragement, evaluation of the programs and administration throughout the project area. Funding from grant ATPL-5323(039) be used for greening enhancements including planting of native vegetation in landscape areas, drought tolerant trees, and bioswales along the bike path. Additional enhancements include, but is not limited to, installation of site furnishings and amenities including, benches, shade structures, hydration stations, drinking fountain, bike repair stations, fencing, lighting, security cameras and inviting landscaping.
This project is listed in the current budget Fiscal Year 2021-22 Capital Improvement Program.
ALTERNATIVES
1. The City Council may choose not to adopt Resolution 2022-XXX approving Master Agreement No.07-5323S21 with the State and Program Supplement Agreements ATPLNI- 5323(038) and ATPL-5323(039). This action is not recommended as this will delay the work and may result in loss of funds for project nos. ATPLNI-5323(038) and ATPL-5323(039).
2. Provide Staff with alternate direction.
ENVIRONMENTAL REVIEW
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378 (b)(5) of CEQA Guidelines.
The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
LEGAL REVIEW
None Required
ATTACHMENTS
1. Resolution 2022-018
2. Master Agreement No.07-5323S21
3. Program Supplement Agreements No. 00000A006 for ATPLNI-5323(038)
4. Program Supplement Agreements No. 00000A007 for ATPL-5323(039) RESOLUTION NO. 2022-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE MASTER AGREEMENT NO.07-5323S21 WITH
THE STATE OF CALIFORNIA AND EXECUTE PROGRAM
SUPPLEMENT AGREEMENTS NO. 00000A006 AND NO. 00000A007
TO ADMINISTERING AGENCY-STATE AGREEMENTS FOR FEDERAL-
AID PROJECTS
WHEREAS, the City of Baldwin Park is eligible to receive Federal and/or State funding for Transportation Projects; and
WHEREAS, the Federal and/or State Agencies revised the programming and funding process for Transportation Projects, which are incorporated into the new Master Agreements; and
WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with Federal and State Agencies including the California Department of Transportation before such funds could be claimed; and
WHEREAS, the City of Baldwin Park wishes to delegate authorization to execute these agreements and any amendments thereto to the Director of Public Works or his designee.
NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. All of the above recitals are all true and correct.
SECTION 2. That the City of Baldwin Park agrees to comply with all conditions and requirements set forth in the Master Agreement and applicable statutes, regulations, and guidelines for all federally and/or State Funded Transportation Projects.
SECTION 3.That the Mayor and City Council approved Master AgreementNo.07- 5323S21 to replace the prior agreement set to expire in September 2022 and all Program Supplements and any Amendments thereto, for Federally and/or State Funded Projects.
SECTION 4. That the Director of Public Works or his designee be authorized to execute the Master Agreement No.07-5323S21, Program Supplement Agreement No.
ATPLNI-5323(038) and ATPL-5323(039) to be authorized from the State of California through the administering agency (Caltrans District-7 Local Assistance Office) and any Amendments thereto for Federally and/or State Funded Projects.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 4th day of May 2022.
Emmanuel J. Estrada
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OFLOS ANGELES SS:
CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-018 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 4, 2022 and that the same was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Marlen Garcia
CITY CLERK
MASTER AGREEMENT
-------- ---------------------------------------------- Agreement No. 07-5323S21
between the City of Baldwin Park, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions PROJECT facility and to the subsequent operation and maintenance of that completed facility. 16 ADMINISTERING AGENCY-STATE AGREEMENT FOR
STATE-FUNDED PROJECTS
07 City of Baldwin Park
District Administering Agency
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and "PARTY."
qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated NOW, THEREFORE, the PARTIES agree as follows:
Page of1
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, and ADMINISTERING AGENCY.
ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by (CEQA).
2 hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE
2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of CTC, for said PROJECT.
7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act Page of 16
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, reports, and allowable expenses of employees/consultants engaged in such activities. complete the PS&E and other work necessary for a construction contract but not required accordance with Chapter 11 of the LAPM that describes minimum statewide design standards standards, or the approved geometric design standards of ADMINISTERING AGENCY. affects STATE facilities.
laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to earlier for environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which Page of 163
15. When PROJECT is not on the State Highway System (SHS) but includes work to be the California Government Code, as well as other Department of General Services guidance, if supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize or contractor forces during any temporary suspension of PROJECT or at any other time may not District Local Assistance Engineer, within sixty (60) days after contract award.
Project Expenditure Report", within 180 days of project completion will result in STATE
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY be charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.
1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.
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23. The Governor and the Legislature of the State of California, each within their respective applicable, a clause that requires each subcontractor to comply with California Labor Code necessary rights of way have been secured. Prior to the advertising for construction of with evidence that all necessary rights-of-way are available for construction purposes or will be and clear of liens, conflicting easements, obstructions and encumbrances, after crediting property required for the PROJECT, title free and clear of obstructions and encumbrances business, farm operation or nonprofit organization.
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jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.
ARTICLE II - RIGHTS-OF-WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE available by the time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal.
(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation that may result in the event the right-of-way for a PROJECT is not clear as certified by the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of All maintenance will be performed at regular intervals or as required for efficient operation of the or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. complete PROJECT improvements.
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4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.
Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this STATE's approved finance letter.
the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT ADMINISTERING AGENCY for a six-month period
4. Invoices shall be submitted on a standardized billing summary template, in accordance with showing amounts made payable to vendors and contractors, and/or a computerized summary of ADMINISTERING AGENCY.
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ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.
5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks PROJECT costs.
6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the
7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.
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8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY letter, and an allocation notification letter when applicable. STATE FUNDING may be increased
11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share
12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. period from the beginning of the State fiscal year when those funds were appropriated in the Government Code. The exact date of fund reversion will be reflected in the STATE signed claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid 168
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess
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of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any 4529.14. Administering Agency shall undertake the procedures described in California Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, 9 overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments.
ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is Page of 16
constituted as a joint powers authority, special district, or any other public entity not directly ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant V.
enable the determination of incurred costs at interim points of completion, and provide support of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT 16 receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
22. ADMINISTERING AGENCY acknowledges that the signatory party represents the Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS records and ADMINISTERING AGENCY agrees, and shall require its contractors and PROJECT records available for audit and copying as required by paragraph three (3) of Article
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
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5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) 4525-4529.5 and shall undertake the procedures described in California Government Code AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of for transportation purposes that are in conformance with Article XIX of the California State regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, 11 Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.
6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures. the PARTIES and there are no third-party beneficiaries.
ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.
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5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and principals are suspended or debarred at the time of the execution of this AGREEMENT, and agreement or understanding for a commission, percentage, brokerage, or contingent fee, immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE employee. For breach or violation of this warranty, STATE shall have the right, in its Page
funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.
11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. of 1612
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not the ADMINISTERING AGENCY from full and timely performance in accordance with the terms AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a 13 disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.
The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.
13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse of this AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE ADMINISTERING AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.
Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the Page of 16
extent to which funding of work under this AGREEMENT and the applicable
DEPARTMENT OF TRANSPORTATION
Chief, Office of Project Implementation City of Baldwin Park Division of Local Assistance Representative Name & Title Date __________________________ Date __________________________ Page
PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA City of Baldwin Park By______________________________ By_______________________________ ________________________________ _______________________________ (Authorized Governing Body Representative)
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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
against any employee for employment on account of race, religious creed, color, national origin, applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The advertisements, application forms, and other pertinent data and records by STATE, the State Employment section of this Agreement.
ADMINISTERING AGENCY has violated the Fair Employment Practices Act. of
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to of
terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.
00000A006
FOR STATE FUNDED PROJECTS NO 07-5323S21
0720000125
April 07, 2022
07-LA-0-BWP
ATPLNI-5323(038)
5323
This Program Supplement, effective 03/17/2022, hereby adopts and incorporates into the Administering Agency-State Agreement No. 07-5323S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
City of Baldwin Park - Non-Infrastructure project
Supportive education, encouragement, and evaluation programs administered thru-out the project area
0.0(MILES)
State Funds
Estimated Cost
Matching Funds
CITY OF BALDWIN PARK
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________
Division of Local Assistance
Date _______________________________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
$104,000.00
LOCAL
$0.00
OTHER
$0.00
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ STATE $104,000.00
STATE OF CALIFORNIA
Department of Transportation
Chief, Office of Project Implementation
$104,000.00
1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or Program Supplement 07--532-A006- SERIAL 1Page of 4
4/7/2022
SPECIAL COVENANTS OR REMARKS
Program (ATP). Funding may be provided under one or more components. A component(s) effective date of the component specific allocation will constitute the start of reimbursable funds available for reimbursement will be limited to the amount allocated by the California component(s) and allocation(s) requested. Approved supplementary allocations, time second fiscal year following the year in which the funds were allocated.
Page07--532-A006- SERIAL
ATPLNI-5323(038)
amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program 07-LA-0-BWP
Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the 2 of 4Program Supplement
SPECIAL COVENANTS OR REMARKS
Local Assistance Engineer immediately after project contract award and prior to the submittal the end of last eligible fiscal year of expenditure. For construction costs, the within 180 days of PROJECT completion will result in STATE imposing sanctions upon requirements which may be accessed at: www.dot.ca.gov/hq/audits/. will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or Program Supplement
ATPLNI-5323(038)
contract within 6 months of the construction fund allocation and to complete and accept the 07-LA-0-BWP
construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment 48 CFR, Chapter 1, Part 3, are subject to repayment by
3Page of 407--532-A006- SERIAL
SPECIAL COVENANTS OR REMARKS
comply with all reporting requirements in accordance with the Active Transportation Program Adopted SB1 Accountability and Transparency Guidelines.
Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and ATPLNI-5323(038)
ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse 07-LA-0-BWP
Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation may result in the entire PROJECT becoming ineligible for reimbursement. 4Page of 4Program Supplement 07--532-A006- SERIAL
00000A007
FOR STATE FUNDED PROJECTS NO 07-5323S21
0721000068
April 07, 2022
07-LA-0-BWP
ATPL-5323(039)
5323
This Program Supplement, effective 03/17/2022, hereby adopts and incorporates into the Administering Agency-State Agreement No. 07-5323S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
Construct 2.3m of CL I shared-use path. Develop designs for 6.8m CL I trail & 15.3m of on-street CL II & III bikeways. Administer education,
Walnut Creek-San Gabriel River East Bank Greenway and
Neighborhood Connections
0.0(MILES)
State Funds
Estimated Cost
Matching Funds
CITY OF BALDWIN PARK
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________
Division of Local Assistance
Date _______________________________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
$1,266,000.00
LOCAL
$693,000.00
OTHER
$0.00
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ STATE $573,000.00
STATE OF CALIFORNIA
Department of Transportation
Chief, Office of Project Implementation
$573,000.00
Program Supplement 07--532-A007- SERIAL 1Page of 4
04/07/2022
SPECIAL COVENANTS OR REMARKS
Program (ATP). Funding may be provided under one or more components. A component(s) effective date of the component specific allocation will constitute the start of reimbursable funds available for reimbursement will be limited to the amount allocated by the California component(s) and allocation(s) requested. Approved supplementary allocations, time second fiscal year following the year in which the funds were allocated. 4 ATPL-5323(039)
1. 07-LA-0-BWP
A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the 2Page ofProgram Supplement 07--532-A007- SERIAL
SPECIAL COVENANTS OR REMARKS
Local Assistance Engineer immediately after project contract award and prior to the submittal the end of last eligible fiscal year of expenditure. For construction costs, the within 180 days of PROJECT completion will result in STATE imposing sanctions upon requirements which may be accessed at: www.dot.ca.gov/hq/audits/. will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal 3 ATPL-5323(039)
Funds allocated for the construction component are subject to an award deadline and contract 07-LA-0-BWP
completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Page of 4Program Supplement 07--532-A007- SERIAL
SPECIAL COVENANTS OR REMARKS
comply with all reporting requirements in accordance with the Active Transportation Program Adopted SB1 Accountability and Transparency Guidelines.
Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and ATPL-5323(039)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, 07-LA-0-BWP
Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation may result in the entire PROJECT becoming ineligible for reimbursement. 4Page of 4Program Supplement 07--532-A007- SERIAL
________ _________
STAFF REPORT
ITEM NO. 4
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: May 4, 2022
SUBJECT: Adoption of Resolution No. 2022-019, “A Resolution of the City Council of the City of Baldwin Park, California,
Approving the Engineer’s Report for the Landscape and
Lighting Maintenance Assessment District for FY 2022-2023, Declaring the Intent to Levy and Collect Assessments, and Setting a Time and Place for a Public Hearing”
SUMMARY
This item adopts a resolution approving the Engineer’s Report; declares the intention to levy and collect assessments and sets a date and time for a Public Hearing for the Citywide Landscape and Lighting Maintenance Assessment District for FY 2022-2023. The recommended hearing date is June 1, 2022.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-019 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer’s Report for the Landscape and Lighting Maintenance Assessment District for FY 2022-2023, Declaring the Intent to Levy and Collect Assessments and Setting a Time and Place for a Public Hearing”.
FISCAL IMPACT
The following table summarizes the District revenue and expenditure status:
Estimated Beginning Fund Balance (July 1, 2022) $1,039,524 FY 2022-23 Estimated Revenue
Assessment Revenue $917,600
County Ad Valorem Tax $774,000
Penalties, Late Taxes, Earnings $91,760
Total Revenue $1,783360
FY 2022-23 Projected Expenditures
Maintenance and Operation $1,667,800
Total Expenditures $1,603,600
FY 2022-23 Operating Reserve / Deficit $115,560
Projected Fund Balance June 30, 2023
Beginning Fund Balance $1,039,524
FY 22-23 Revenues $1,783,360
FY 22-23 Expenditures $1,667,800
Projected Fund Balance June 30, 2023 $1,155,084
BACKGROUND
The City has an annual program for the maintenance of landscaping and lighting improvements, as well as open space improvements, including the maintenance and operation of traffic signals, street lights, median landscaping and street trees. It is recommended that the City continue providing this program through special assessments.
On March 2, 2022, the City Council approved a resolution which authorized initiating the FY 2022- 2023 Citywide Landscaping and Lighting Maintenance Assessment District (LLMD) and ordered the preparation of the Engineer’s Report.
The preparation of the Engineer’s Reports has been completed. The Engineer’s Report details the legal mechanism to re-establish the district, summarizes the costs and expenditures of the District, and explains the methodology of distributing the assessments for obtaining the district revenues.
ALTERNATIVES
None.
LEGAL REVIEW
Not required.
ATTACHMENTS
1. Resolution No. 2022-019
2. LLMD Engineer’s Report
Attachment 1
RESOLUTION NO. 2022-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR THE CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2022-2023, DECLARING THE INTENT TO LEVY AND COLLECT ASSESSMENTS,
AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING
WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the “Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution an Engineer's Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as:
CITY OF BALDWIN PARK CITYWIDE
LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
(Hereinafter referred to as “District”); and
WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report.
WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein.
SECTION 2. That the Report as presented, consisting of the following:
a. Plans and Specifications
b. Estimate of the Cost
c. Diagram of the Maintenance District
d. Assessment of the Estimated Cost
is hereby approved and is ordered to be filed in the office of the City Engineer as a permanent record and to remain open for public inspection.
SECTION 3. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY 2022-2023 for the construction and continued maintenance of certain public facilities within the Citywide Landscape and Lighting Maintenance Assessment District, all to serve and benefit said District as said area is shown and delineated on a map shown in the Engineer’s Report on file in the office of the City Engineer, open for public inspection, and herein so referenced and made a part hereof.
SECTION 4. That a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, June 01, 2022 at the hour of 7:00 p.m. pursuant to the “Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution, for the purposes of hearing protests, comments, or objections in reference to the annual levy of assessments and the extent of the works and maintenance of improvements, and this Council’s determination whether the public interest, convenience, and necessity require the improvements.
SECTION 5. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Gabriel Valley Examiner, a newspaper of general circulation in said City; said publication shall not be less than ten (10) days before the date of said Public Hearing.
SECTION 6. For any and all information relating to the procedures, protest procedure, documentation and/or information of a procedural or technical nature, the public’s attention is directed to the office listed below as designated:
Sam Gutierrez, Director of Public Works
City of Baldwin Park
(626) 813-5255
SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer’s Report.
_______________________________
PASSED, APPROVED, AND ADOPTED this 4th day of May 2022
__________________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF BALDWIN PARK )
I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-019 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 4, 2022, and that the same was adopted by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARLEN GARCIA
CITY CLERK
________ _________
STAFF REPORT
ITEM NO. 5
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: May 4, 2022
SUBJECT: Adoption of Resolution No. 2022-020, “A Resolution of the City Council of the City of Baldwin Park, California,
Approving the Engineer’s Report for the Citywide Park
Maintenance Assessment District for FY 2022-2023,
Declaring the Intent to Levy and Collect Assessments, and Setting a Time and Place for a Public Hearing”
SUMMARY
This item adopts a resolution approving the Engineer’s Report; declares the intention to levy and collect assessments and sets a date and time for a Public Hearing for the Citywide Park Maintenance Assessment District for FY 2022-2023. The recommended hearing date is June 1, 2022.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-020 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Approving the Engineer’s Report for the Citywide Park Maintenance Assessment District for FY 2022-2023, Declaring the Intent to Levy and Collect Assessments and Setting a Time and Place for a Public Hearing”.
FISCAL IMPACT
The following table summarizes the District revenue and expenditure status:
FY 2022-2023 Projected Fund Balance (July 1, 2022) $17,736 Estimated Revenues
Proposed PMD Revenue $814,100
Operating Reserve FY 2021-22 $25,600
Total Estimated Funds Available $883,036
Projected Expenditures
Park Maintenance and Operation $818,900
Operating Reserve $25,600
Total Projected Expenditures FY2022-2023 $844,500
Projected Ending Fund Balance (June 30, 2023) $38,500
The total cost of the District for FY 2022-2023 is estimated to be $818,900. The City anticipates revenue of $814,100 from the FY 2022-2023 Citywide Park Maintenance Assessment District.
Projected fund balance on June 30, 2023, is projected to be $38,500 and therefore no General Fund transfer will be necessary for the FY 2022-2023 budget.
BACKGROUND
The purpose of the Citywide Park Maintenance Assessment District (PMD) is to serve as mechanism for the financing of operations and maintenance associated with City Parks. It is recommended that the City continue these park maintenance programs and fund them through special assessments provided by the PMD.
In 1996, City of Baldwin Park property owners approved the formation of a Park Maintenance Assessment District to financially support these programs, and the PMD’s formation was established in conformance with Proposition 218.
On March 2, 2022 the City Council approved a resolution which authorized initiating the FY 2022-2023 PMD and ordered the preparation of the Engineer’s Report.
ALTERNATIVES
None.
LEGAL REVIEW
Not required.
ATTACHMENTS
1. Resolution No. 2022-020
2. PMD Engineer’s Report
Attachment 1
RESOLUTION NO. 2022-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER’S REPORT FOR THE CITYWIDE PARK MAINTENANCE ASSESSMENT DISTRICT FOR FY 2022-2023, DECLARING THE
INTENT TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING
WHEREAS, pursuant to the Provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being known as the “Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution an Engineer's Report has been prepared consisting of plans and specifications, an estimate of the cost, a diagram of the Maintenance District and an assessment relating to what is now designated as:
CITY OF BALDWIN PARK CITYWIDE
PARK MAINTENANCE ASSESSMENT DISTRICT
(Hereinafter referred to as “District”); and
WHEREAS, this City Council has now carefully examined and reviewed the Report as presented and is satisfied with each and all of the items and documents as set forth therein and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Report.
WHEREAS, the provisions of said Division 15, Part 2, require a written report in accordance with Chapter 3 (commencing with Section 22620).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS:
SECTION 1. That the above recitals are all true, correct, and are hereby incorporated herein.
SECTION 2. That the Report as presented, consisting of the following:
a. Plans and Specifications
b. Estimate of the Cost
c. Diagram of the Maintenance District
d. Assessment of the Estimated Cost
is hereby approved and is ordered to be filed in the office of the City Engineer as a permanent record and to remain open for public inspection.
SECTION 3. That it is the intention of the City Council, consistent with the public interest and convenience, to levy and collect annual assessments for FY 2022-2023 for the construction and continued maintenance of certain public facilities within the Citywide Park Maintenance Assessment District, all to serve and benefit said District as said area is shown and delineated on a map shown in the Engineer’s Report on file in the office of the City Engineer, open for public inspection, and herein so referenced and made a part hereof.
SECTION 4. That a public hearing shall be held before this City Council, in the Council Chambers, 14403 E. Pacific Avenue, Baldwin Park, on Wednesday, June 1, 2022, at the hour of 7:00 p.m. pursuant to the “Landscaping and Lighting Act of 1972" and Article XIIID of the State Constitution, for the purposes of hearing protests, comments, or objections in reference to the annual levy of assessments and the extent of the works and maintenance of improvements, and this Council’s determination whether the public interest, convenience, and necessity require the improvements.
SECTION 5. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the San Gabriel Valley Examiner, a newspaper of general circulation in said City; said publication shall not be less than ten (10) days before the date of said Public Hearing.
SECTION 6. For any and all information relating to the procedures, protest procedure, documentation and/or information of a procedural or technical nature, the public’s attention is directed to the office listed below as designated:
Sam Gutierrez, Director of Public Works
City of Baldwin Park
(626) 813-5255
SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution and the Minutes of the meeting shall so reflect the presentation of the Engineer’s Report.
PASSED, APPROVED, AND ADOPTED this 4th day of May 2022. __________________________________
_______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF BALDWIN PARK )
I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-020 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on May 4, 2022, and that the same was adopted by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARLEN GARCIA
CITY CLERK
ITEM NO. 6
STAFF REPORT
TO: Honorable Mayor and City Councilmembers
FROM: Ron Garcia, Acting Director of Community Development PREPARED BY: Melissa Chipres, Associate Planner
DATE: May 4, 2022
SUBJECT: Housing Element Progress Report 2021
SUMMARY
Consideration for City Council approval of the City’s Housing Element Progress Report for 2022, as required by the State of California Housing and Community Development Department (HCD).
RECOMMENDATION
Staff recommends that the City Council receive and file the report.
FISCAL IMPACT
There is no fiscal impact resulting from this item.
BACKGROUND
The Housing Element is one of the seven mandatory elements required for the City’s General Plan, and it specifies ways in which housing needs of existing and future resident populations can be met.
State law requires that each city and county update their Housing Element on a pre-determined cycle.
The 2014-2021 Housing Element is comprised of five sections: (1) Needs Assessment; (2) Housing Constraints; (3) Housing Resources; (4) Review of previous Accomplishments from the 2008-2013 Housing Element; and (5) the Housing Plan. The City’s Regional Housing Needs Allocations are summarized in Table #1 below by income level. The number of units assigned to Baldwin Park for the 2014-2021 period was 557 housing units. It should be noted that the city is not required to construct these units, but rather plan for them through the Zoning Code development standards and the Housing Programs adopted as part of the 2014-2021 Housing Element.
TABLE #1
CITY’S REGIONAL HOUSING NEEDS ALLOCATION
INCOME GROUP % OF COUNTY
MFI*
NUMBER OF
UNITS
PERCENTAGE OF TOTAL
UNITS
Above-Moderate Income 120%+ 242 43.1%
Moderate Income 81-120% 90 16.2%
Low Income 51-80% 83 15.3%
Very Low Income 0-50% 142 25.3%
TOTAL 557 100%
The Housing Element Annual Progress Report (Attachment #1), is comprised of several tables, and summarizes activity that took place during the 2021 calendar year. Activity includes Housing Development Applications Submitted (summarized in Table #2 below), Annual Building Activity for new construction including entitled, permits and completed units, Regional Housing Needs Allocation Progress for permitted units issued by affordability, and Program Implementation Status. In 2021, Housing Element Progress Report 2021
April 20, 2022
building permits were issued for 61 new housing units; 61 were comprised of Above-Moderate Income Units.
TABLE #2
BUILDING ACTIVITY 2020—NEW CONSTRUCTION
INCOME GROUP
% OF
COUNTY
MFI*
NUMBER OF NEW PERMITS
ISSUED BY AFFORDABILITY
TOTAL UNITS
REMAINING BY
INCOME LEVEL
Above-Moderate
Income 120%+ 61 0
Moderate Income 81-120% 0 88
Low Income 51-80% 0 66
Very Low Income 0-50% 0 95
TOTAL 61 249
Pursuant to California Government Code Section 65400, local governments shall prepare and provide an annual report on the progress of the City’s Housing Element for the previous calendar year to the City Council, Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD).
LEGAL REVIEW
None Required.
ATTACHMENTS
1.Housing Element Progress Report for the 2021 Calendar Year Attachment #1
Housing Element Progress Report for the
2021 Calendar Year
________ _________
STAFF REPORT
ITEM NO. 7
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
PREPARED BY: Ron Garcia, Acting Director of Community Development DATE: May 4, 2022
SUBJECT: Approving an Agreement with JWA Urban Consultants Inc. (JWA) to Provide Temporary As-Needed Planning
Consulting Services Related to City Staff Augmentation
for the Planning Division
SUMMARY
Consideration of an agreement with JWA Urban Consultants Inc. (JWA) to provide temporary as- needed planning consulting services due to vacancies in the Planning Division and recent vacancy of the Director of Community Development.
RECOMMENDATION
Staff recommends that the City Council authorize the Chief Executive Officer to finalize and execute the agreement approved as to form by the City Attorney between the City and JWA Urban Consultants Inc. (JWA) to provide temporary as-needed planning consulting services related to Staff Augmentation Support for the Planning Division; authorize the Director of Finance to make necessary budget adjustments.
FISCAL IMPACT
The estimated utilization cost is $28,875 for FY21/22 and $66,000 for FY 22/23. However, there is no additional fiscal impact to this request. The cost will be covered from the vacancy savings.
BACKGROUND
The Planning Division currently has limited staffing. Given the limited in-house staffing in the Planning Division and recent acting appointment of the City Planner to interim Director of Community Development there is a continuing high work load, an option to fulfill that request is to have planning consultant services available to step in and assist staff during this transition with the processing of key development projects by evaluating applications, oversee the environmental CEQA process, prepare necessary documents for public hearings before the Planning Commission and City Council.
Staff is recommending the selection of JWA Urban Consultants Inc. (JWA) to provide temporary as- needed planning consulting services during this transition. JWA has provided staff services for multiple cities and jurisdictions in the San Gabriel Valley including Monterey Park, San Gabriel, El Monte, La Puente, and West Covina. The proposal includes using Mr. Jack Wong Principal and CEO to provide approximatively 20-30 hours per week to alleviate the Departments workload. He has over 30 years of professional planning/redevelopment experience in both public and private sectors. Therefore, staff is recommending selecting JWA Urban Consultants Inc (JWA) for planning consulting services on a temporary basis during this transition.
LEGAL REVIEW
The City’s Special Legal Counsel will utilize the City’s standard form of agreement for these services.
ALTERNATIVES
The City Council may choose not to approve this agreement.
ATTACHMENTS
1. Proposed Scope of Work and Fee Proposal with JWA Urban Consultants Inc. (JWA).
April 15, 2022
Mr. Ron Garcia
Acting Director of Community Development
14403 East Pacific Avenue
Baldwin Park, CA 91706
Re: Contract Planning Services
Dear Mr. Garcia,
JWA Urban Consultants, Inc. (JWA) is pleased to submit a proposal to provide contract planning services for the City of Baldwin Park.
JWA is very familiar with the City of Baldwin Park. We provided planning, economic development, housing authority, and CDBG/HOME services for Baldwin Park between May 20 04 and November 2005 and more recently, prepa red a successful grant application and award in October 2019. JWA has also provided contract planning services for other cities in the San Gabriel Valley- Monterey Park, San Gabriel, El Monte, La Puente, and West Covina.
Baldwin Park is experiencing continued economic expansion and developer interest as evident by the number of noteworthy development projects. JWA is proud to work with you on these endeavors and Mr. Jack Wong, Principal and CEO, will be assign ed to work on this project. He has over 30 years of professional planning/redevelopment experience in both the public and private sectors and has direct working experience with:
• ADU legislation, zoning, and plan review
• Specific Plan requirements, development, and implementation • Objective Design Standards legislation, development, and implementation • Inclusionary Housing Ordinance, development, and implementation • General Plan, Specific Plan, and Zoning Code updates and implementation • VMT thresholds and analysis
• Affordable Housing and RHNA
• Grant applications, management, and implementation
• Development project management and negotiations
• Architectural plan review for entitlement purposes
• Municipal administration and management
We fully understand the importance of customer service, meeting deadlines and expectations, and providing reliable professional service. We look forward to working with you and in the meantime, if you have any questions, I can be reached at 310.347.6310.
Sincerely,
Jack Wong
President
JWA Urban Consultants, Inc.
SCOPE OF WORK
JWA understands that the City of Baldwin Park is seeking professional planning services, on a temporary basis, to augment existing planning staff. Jack Wong will serve at the direction and supervision of the Acting Director of Community Development and assist in current and advance planning activities. Jack Wong will provide approximately 20-30 hours per week to meet the Department’s workload at the direction of the Acting Director of Community Development.
This Scope of Work is tailored to meet the City’s goals and objectives. Our role is to serve, advocate, and represent the interests of the City, by working cl osely with city staff and community stakeholders to ensure that the City’s and community’s expectations are met. We are committed to the successful completion of this project. The city planning services that are included in this agreement include, among ot her related services, the following activities:
• Manage development projects through the entitlement process • Review and analyze development site plans, conceptual plans, construction drawings, subdivision maps, and environmental assessments, studies, and reports
• Update Zoning Ordinance, General Plan, and community plans • Complete housing-related programs and analysis
• Conduct meetings with applicants developing conceptual, architectural, and building plans • Prepare staff reports, resolutions, ordinances, and memorandums • Availability to meet in-person and virtually with staff, developers, and permit applicants • Manage and complete current and advance planning projects as assigned by the Acting Director of Community Development
BUDGET
The services provided by JWA will be charged on an hourly basis. If additional personnel are anticipated to work on an assignment, JWA will inform the City for prior approval.
FEE SCHEDULE
POSITION HOURLY RATE
Principal $165
Senior $135
Associate $105
Assistant $85
Technician $90
Contractor will charge for reimbursable expenses such as mileage, printing, mailing, messenger service, and portal-to-portal driving time to the City and/or meetings, and other similar and other similar and customary charges.
Court related (non -preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times hourly rate, with a four-hour minimum. Preparation activities will be charged at regular hourly rate pursuant to then effective annual Fee Schedule.
________ _________ITEM NO. 8
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Acting Director of Community Development
Sam Gutierrez, Director of Public Works
Manuel Carrillo Jr, Director of Recreation & Community
Services
DATE: May 4, 2022
SUBJECT: Proposed New Family Service Center Status Update
SUMMARY
This report serves as a status update on the proposed family service center.
RECOMMENDATION
Staff recommends that the City Council receive and file the report.
FISCAL IMPACT
There is no fiscal impact resulting from this item.
BACKGROUND
At the direction of City Council staff added the development of a new Family Service Center to the preliminary list of American Recovery Plan Act (ARPA) projects in 2021. At the January 19th, 2022, City Council meeting, staff recommended that City Council define the scope of work for the project, provide direction and authorize funding for the development of an initial conceptual design, environmental review, and an amendment to the Downtown Specific Plan, if needed. After Council discussion the City Council directed staff conceptual design options for a Family Service Center at the Morgan Street, and Laurens Avenue parking lot.
Subsequently, in early February City staff scheduled an all hands meeting to discuss next steps and invited the San Gabriel Valley Habitat for Humanity, Inc. (Habitat) to explore a joint partnership for the development of the center. At the meeting Habitat offered to conduct an informal Request for Proposal (RFP) and invite their network to submit concepts for a project at no cost to the city. At the time, the general concept for the project would include a new Family Service Center, affordable residential units and a new Habitat ReStore and offices. This would utilize the existing city-owned vacant lot at Morgan St. and Laurens Ave (aka Laurens Property). At this meeting it was concluded that Habitat would be given an opportunity to issue their own RFP and present a project to the city for consideration.
Since this meeting, staff has been conducting its own research in relation to the California Surplus Land Act, which aims to increase the availability of real property in California for affordable housing development by requiring the prioritization of affordable housing when selling or leasing public lands no longer necessary for agency use. The findings from the City Attorney were that if the project includes affordable residential units, then the project would be in compliance with the Surplus Land Act and could move forward. Staff also began researching the best course of action for a potential sale to Habitat in the future. This included the potential use of a Disposition and Development Agreement (DDA) or another instrument to transfer the sites to Habitat.
While staff was conducting its research, Habitat toured the current Family Service Center site with the Mayor and it was determined that a viable option would be to have the Family Service Center remain at its current site where underutilized areas could be used to improve and expand its present capacity.
Habitat then issued the RFP without a new Family Service Center component and instead issued the RFP as a standalone project at the Morgan St. and Laurens Ave. site that would include affordable residential units and a new Habitat ReStore and offices. The deadline for the submission of proposals in response to the RFP will be in three weeks. Habitat was anticipating having up to four proposals but is expecting two for sure.
Currently the Laurens Property is used as a parking lot for the adjacent downtown businesses, and visitors to the park and basketball court. It is approximately 43,000 square feet (.98 Acres ) in size in a Downtown Edge Zone. Habitat is in the process of receiving preliminary conceptual ideas sketched out by Habitat that would include a 4-story building with a roof-top terrace for beneficial use, and 3-story building with no rooftop terrace. A very rough estimate of the cost for construction of the building is in the range of $10-$12M.
As a parallel action, the City thru the Recreation & Community Services Department, has submitted a grant application to the federal government for up to $5,000,000.00 as coordinated by the Office of Congresswoman Grace Napolitano for the construction of an accessible 12,000-square foot Family Service Center. It is too early in the process to know our probability for a successful award.
LEGAL REVIEW
None Required
ATTACHMENTS
1. Site Plan of the Laurens Property
Morgan Laurens Parking Lot
© 2022 Digital Map Products. All rights reserved.
78 feet
4/28/2022https://apps.spatialstream.com/landvision/production/CurrentBuild/Html /printpreview.html _________ ________
STAFF REPORT
ITEM NO. 9
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Acting Community Development Director PREPARED BY: Carol Averell, Housing Manager
DATE: May 4, 2022
SUBJECT: Public Hearing Regarding Fiscal Year 2022-23 Annual Action Plan
SUMMARY
For the City Council to hold the second of two required public hearings to receive public input and ultimately approve the FY 2022-23 Annual Action Plan.
RECOMMENDATION
Staff recommends that the Mayor and City Council Hold a Public Hearing and accept public testimony; and approve the Final 2022-23 Annual Action Plan and authorize the City Manager to execute the documents required for submission of this Plan for CDBG and HOME Funds to the United States Department of Housing and Urban Development.
FISCAL IMPACT
There is no fiscal impact to the General Fund. However, approval of the FY 2022-23 Annual Action Plan will provide approximately $942,671 in new CDBG funding and $311,628 in new HOME funds to the City of Baldwin Park upon HUD approval. Please note that as of the writing of this staff report, HUD has not released the official CDBG and HOME entitlement allocations for Fiscal Year 2022-23. HUD has notified the City that entitlement amounts should be available by May 13, 2022. HUD has advised grantees to plan for a +-10% change to the FY 2021-22 allocation; therefore, staff has opted to use the same grant amounts as FY 2021-22 for the development of the Annual Action Plan.
BACKGROUND
The Annual Action Plan acts as the City’s application process for federal formula grants, principally comprised of the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs. The Action Plan describes the rationale behind specific allocations for the upcoming fiscal year and details how the City’s use of CDBG and HOME funds addresses the priorities in the Consolidated Plan. The total CDBG and HOME funding available for FY 2022-23 is estimated as follows:
CDBG HOME TOTAL
FY 2022-23 Entitlement (estimate) $942,671 $311,628 $1,254,299 Estimated FY 2022-23 Program Income $0 $0 $0
Unexpended Prior Year Funds $219,709 $2,640,557 $2,860,266 Estimated Total Funds Available $1,162,380 $2,952,185 $4,114,565 All HOME and CDBG funds must be used to benefit low to moderate income households, individuals and neighborhoods.
The City received eight (8) applications from public service organizations and has recommended funding seven (7) in 2022-23, as seen in the Proposed Funding Allocation Chart below.
FY 2022-23 Proposed Funding Allocation
The following table identifies the FY 2022-23 CDBG proposed projects recommended to be funded:
In the event that there is an increase/decrease in the FY 2022-23 entitlement amount, City staff will make the following adjustments:
CDBG Public Service Allocations - The seven subrecipients consisting of Church of the Redeemer Food Bank, Family Service Center, BPPD Pride Platoon, Youth Employment Program, Graffiti Removal Program, Domestic Violence Advocate, and East San Gabriel Valley Coalition for the Homeless will have their funding adjusted proportionately (weighted average). CDBG Housing and Infrastructure Allocations – Funding of the Home Improvement Grant Program, Home Improvement Loan Program, Code Enforcement, and ADA Curb Ramps Project will not change.
CDBG Program Administration – The allocation to CDBG Program Administration will be adjusted accordingly but will not exceed the 20 percent maximum requirement. CDBG Unallocated Fund Balance – The unallocated CDBG balance will be adjusted to absorb the remaining difference after public services and administration activities are adjusted accordingly.
FY 2022-23 CDBG Funding Allocations
FY 2022-23 CDBG Entitlement Funds (estimate) $ 942,671
Prior Year Carryover $ 219,709
Total CDBG Funding $1,162,380
Administration (20% Cap)
Fair Housing $ 2,500
Administration $ 186,034
Admin Total $ 188,534
Public Service Grants
Church of the Redeemer Food Bank $ 13,429
Domestic Violence Advocate $ 23,334
ESGV Coalition for the Homeless $ 10,000
Family Service Center $ 25,667
Graffiti Removal $ 28,970
Pride Program (BPPD) $ 20,000
Youth Employment Program $ 20,000
Public Service Grants Total $ 141,400
CDBG Housing Projects
Code Enforcement Program $ 126,000
Home Improvement Grant Program $ 50,000
Home Improvement Loan Program $ 100,000
Housing Projects Total $ 276,000
Facilities/Infrastructure Projects
ADA Curb Ramps Project $ 160,000
Facilities/Infrastructure Projects $ 160, 000
Total CDBG Projects $765,934
Unallocated CDBG Funds $396,446
The following table identify FY 2022-23 HOME proposed projects recommended to be funded:
HOME FY 2022-23 Funding Allocations
FY 2022-23 Entitlement Funds $ 311,628
Prior Years Carryover $2,640,557
Total HOME Funding $2,952,185
Proposed Projects
Administration (10% Cap) $ 31,163
Habitat for Humanity CHDO Homeownership Project $ 285,000 Cesar Chavez Foundation Affordable Housing Project $ 500,000 Retirement Housing Foundation Senior Housing
Project
$ 500,000
Total HOME Projects $1,316,163
Unallocated HOME Funds $1,636,022
Since HUD has not released FY 2022-23 HOME entitlement amounts to date, City staff will make the following adjustments to HOME activity allocations once the HOME entitlement amount is disclosed:
HOME Housing Projects – all three proposed housing developments (Habitat for Humanity CHDO Project, Cesar Chavez Foundation Affordable Housing Project, and the Retirement Housing Foundation Senior Housing Project) will remain unchanged. HOME Program Administration - If HOME funds are increased or decreased, then HOME administration funding will be adjusted accordingly but will not exceed the 10 percent maximum allowed.
HOME Unallocated Fund Balance – The unallocated HOME balance will be adjusted to absorb the remaining difference in allocation after HOME administration is adjusted accordingly.
Public Review
Pursuant to the City’s Citizen Participation Plan, the City is required to hold two public hearings and make available all draft plans for the required 30-day comment period. The draft FY 2022-23 Annual Action Plan has been available for public review since April 1, 2022, concluding at this second public hearing on May 4, 2022.
LEGAL REVIEW
No Legal Review is necessary at this time.
ALTERNATIVES
The City Council may revise proposed projects funding as an alternative.
ATTACHMENTS
1. FY 2022-23 Annual Action Plan
CITY OF BALDWIN PARK
ANNUAL ACTION PLAN
JULY 1, 2022 - JUNE 30, 2023
For Council Consideration
May 4, 2022
COMMUNITY DEVELOPMENT DEPARTMENT
HOUSING DIVISION
14403 PACIFIC AVENUE
BALDWIN PARK, CA 91706
C
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ARK
2022
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Executive Summary
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Expected Resources (AP
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Annual
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oals and Objectives (AP
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2 6
Projects (AP
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35)
3 2
Project
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Geographic Distribution (AP
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Affordable Housing (AP
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Public Housing (AP
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50 Homeless and Other Special Needs Activities (AP
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Barriers to
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Other Actions (AP
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Program Specific Requirements (AP
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Annual Action Plan BALDWIN PARK 1
OMB Control No: 2506-0117 (exp. 07/31/2015)
EXECUTIVE SUMMARY
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
Introduction
The Consolidated Plan is designed to help the City of Baldwin Park assess affordable housing and community development needs and market conditions in order to make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) programs. The goals are to assist low and moderate -income persons, provide decent housing, create su itable living environments, and expand economic opportunities. Included in the Consolidated Plan are broad five-year objectives and strategies to accomplish these goals. Specific identifiable benchmarks for measuring progress in realizing the City’s strategy are proposed in the Action Plan for 2022-23.
The 2022-23 Annual Action Plan includes application for funds under two different HUD entitlement programs - Community Development Block Grant (CDBG) and the HOME Investment Partnership Program (HOME). Current year entitlements combined with reallocations from prior years bring the total funding for program year 2022-23 to over $4 million. The following Annual Action Plan describes resources, programs, activities and actions Baldwin Park will take in the coming 2022-23 fiscal year to implement its strategic plan and ultimately achieve its Consolidated Plan goals and objectives, summarized in Table 1 on the following page.
Annual Action Plan BALDWIN PARK 2
OMB Control No: 2506-0117 (exp. 07/31/2015)
Table 1 – 2020-2024 Consolidated Plan Priorities, Implementing Programs, and FY 2022-23 Goals Consolidated Plan
5-Year Priority
2022-23
Implementing Programs
2022-23
Goals
Outcome/
Objective*
Expand the Supply of
Affordable Housing
▪ Habitat for Humanity
CHDO Homeownership
Project
▪ Cesar Chavez Foundation
Affordable Housing
Project
▪ Retirement Housing
Foundation Senior
Housing Project
▪ 2 Housing Units
▪ 3 Housing Units
▪ 3 Housing Units
DH-2
DH-2
DH-2
Preserve the Supply of
Affordable Housing
▪ Home Improvement
Grant Program
▪ Home Improvement Loan
Program
▪ 5 Housing Units
▪ 2 Housing Units
DH-3
DH-3
Ensure Equal Access to
Housing Opportunities
▪ Fair Housing Services ▪ 100 Persons N/A
Neighborhood Services &
Community Facilities
▪ Code Enforcement ▪ 2,000 Housing Units SL-3
Provide Public Services for
LMI Residents
▪ Church of the Redeemer
Food Bank
▪ Family Service Center
▪ BPPD Pride Platoon
▪ Youth Employment
Program
▪ Graffiti Removal Program
▪ 4,600 persons
▪ 600 Persons
▪ 40 Persons
▪ 20 Persons
▪ 300 Persons
SL-1
SL-1
SL-1
SL-1
SL-1
Public Services for
Residents with Special
Needs
▪ Domestic Violence
Advocate
▪ 250 Persons SL-1
Prevent and Eliminate
Homelessness
▪ East San Gabriel Valley
Coalition for the
Homeless
▪ 300 Persons SL-1
Special Needs Non-
Homeless,
Facility/Infrastructure
Improvements
▪ ADA Curb Ramps Project ▪ 4,614 Persons SL-1
Other
▪ CDBG Program
Administration
▪ HOME Program
Administration
▪ Not Applicable
▪ Not Applicable
N/A
N/A
Annual Action Plan BALDWIN PARK 3
OMB Control No: 2506-0117 (exp. 07/31/2015)
Summarize the objectives and outcomes identified in the Plan The U.S. Department of Housing and Urban Development (HUD) has established three predetermined objectives and outcomes designed to capture the range of community impacts that occur as a result of CDBG and HOME-funded programs. Each activity or program funded with CDBG or HOME must fall under one of three objectives and one of three outcomes. The framework of selecting these objectives and outcomes is known as HUD’s CPD Outcome Performance Measurement System. Here are the objectives and outcomes to choose from:
Objectives
• Creating Suitable Living Environments relates to activities that are designed to benefit communities, families, or individuals by addressing issues in their living environment, from physical problems with their environment to social issues. • Providing Decent Housing covers the wide range of housing activities where the purpose is to meet individual family or community housing needs. • Creating Economic Opportunities applies to activities related to economic development, commercial revitalization, or job creation.
Outcomes
• Availability/Accessibility applies to activities that make services, infrastructure, public services, public facilities, housing, or shelter available or accessible to low- and moderate- income people, including persons with disabilities.
• Affordability applies to activities that provide affordability in a variety of ways to low- and moderate-income people and is appropriate to use whenever an activity is lowering the cost, improving the quality, or increasing the affordabil ity of a product or service to benefit a low-income household.
• Sustainability applies to activities that are aimed at improving communities or neighborhoods, helping to make them livable or viable by providing benefit to persons of low- and moderate -income or by removing or eliminating slums or blighted areas, through multiple activities or services that sustain communities or neighborhoods.
Baldwin Park’s Consolidated Plan Needs Assessment was developed by reviewing Census statistical data and building up on already adopted planning documents, coupled with consultation with housing, homeless and service providers, City Departments, and the public via community meetings, public hearings, and a Community Needs Assessment Survey. The result was the formation of seven areas of priority need, including:
1. Expand the Supply of Affordable Housing – Based on evaluation of 2011 -2015 ACS and CHAS data, there is a high need for housing units affordable for households earning less than 80 percent of AMI. Of the 11,390 households earning 0-80 percent of AMI in the City, 7,704 are cost burdened households—meaning households paying more than 30 percent of their income for housing. Additionally, 3,875 of the cost burdened households are considered severely cost burdened households —meaning that they pay more than 50 Annual Action Plan BALDWIN PARK 4
OMB Control No: 2506-0117 (exp. 07/31/2015)
percent of their income for housing. Of the 3 ,875 severely cost burdened households, 2,310 are renters. Of those severely cost burdened renter households, 2,255 households earn less than 50 percent of AMI and are considered the most at risk of becoming homeless.
The development of additional housing units affordable for low - and moderate-income households is rated as the highest priority need due to the number of severely cost burdened households in Baldwin Park. Additionally, responses to the 2020 -2024 Consolidated Plan Needs Assessment Survey suppo rt the development of additional affordable housing units in Baldwin Park.
2. Preserve the Supply of Affordable Housing – As the City's housing stock ages, a growing percentage of housing units may need rehabilitation to allow them to remain safe and habitable. The situation is of particular concern for low - and moderate -income homeowners who are generally not in a financial position to properly maintain their homes.
The age and condition of Baldwin Park’s housing stock is an important indicator of potential rehabilitation needs. Commonly, housing over 30 years of age needs some form of major rehabilitation, such as roof replacement, foundation work and plumbing systems. Housing over 15 years of age will generally exhibit deficiencies in terms of paint, weatherization, heating / air-conditioning systems, hot water heaters and finish plumbing fixtures.
Preservation of the physical and functional integrity of existing housing units occupied by low- and moderate-income households is a cost-effective way to invest limited resources to retain existing housing units that are already affordable to low- and moderate-income households in the community. Addressing substandard housing conditions through housing preservation activities provide that all economic segments o f the community have the means to ensure that their property meets local standards and that all Baldwin Park residents have the opportunity to live in decent housing. Housing preservation is rated as a high priority need based on the demand for service rep orted by the City's Housing Rehabilitation Program staff and responses to the 2020 -2024 Consolidated Plan Needs Assessment Survey.
3. Ensure Equal Access to Housing Opportunities – HUD mandates that all recipients of federal housing and community development assistance such as CDBG and HOME take actions to affirmatively further fair housing choice within their communities. The City of Baldwin Park will certify its compliance with HUD’s requirement to affirmatively further fair housing choice in each Annual Ac tion Plan requesting an annual allocation of CDBG and HOME funds.
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Affirmatively furthering fair housing choice by ensuring equal access to housing opportunities is a high priority for HUD and the City of Baldwin Park. In accordance with HUD requirements, this priority will be addressed using CDBG funds.
4. Neighborhood Services, Community Facilities – In consultation with the City of Baldwin Park Public Works Department and Community Development Department, a high level of need exists within th e City for activities such as infrastructure improvements, public facilities improvements, code enforcement and other activities that improve the housing and commercial structures in the area. Activities that can address neighborhood preservation include code enforcement, public facilities improvements and infrastructure improvements.
The City of Baldwin Park considers the preservation and enhancement of its low - and moderate-income neighborhoods a high priority and will support activities that will help prevent further deterioration of these neighborhoods. Based on need and available resources and results of the 2020-2024 Consolidated Plan Needs Assessment Survey, the improvement of neighborhoods, public facilities and infrastructure is rated as a high priority need for CDBG funds.
5. Provide Public Services for Low Income Residents – According to 2009 -2015 American Community Survey 5 -Year Estimates data, there are approximately 17,374 total households in Baldwin Park, of which 83 percent, or 14,420 households earn less than 80 percent of AMI. Data further indicates that 14.9 percent (11,347) of all residents are below the poverty level.
Consultation with organizations that provide a range of public services targeted to low - and moderate -income resid ents revealed the need for public services that address a variety of needs including those associated with affordable childcare, affordable housing, education, arts and recreation for children, youth, and families. Additional public services like Graffiti Removal will be provided for low- and moderate-income areas to benefit low- income residents.
Consistent with the results of the 2020 -2024 Consolidated Plan Needs Assessment Survey, the provision of a wide range of public services for low - and moderate-income residents is a high priority.
6. Public Services for Residents with Special Needs - Analysis of available data and consultation with organizations providing services for special needs populations revealed a high need for a range of additional services in cluding, but not limited to, those concerned with domestic violence and services for developmentally disabled adults.
Special needs services are rated as a high priority need based on the demand for service reported by local service providers and response s to the 2020 -2024 Consolidated Plan Needs Assessment Survey.
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7. Prevent and Eliminate Homelessness - According to the results of the most recent data available from the Los Angeles Homeless Service Authority (LAHSA), in 2019, the County as a whole experienced a 12 percent increase in the number of homeless persons, SPA region 3 experienced a 17 percent increase, and the City of Baldwin Park a 6 percent decrease (289 homeless persons counted in 2018 to 273 homeless persons counted in 2019). To address incidences of homelessness in Baldwin Park and to prevent extremely low-income Baldwin Park families from becoming homeless, the City places a high priority on programs that work to prevent homelessness or rapidly connect homeless individuals with housing and supportive services.
The City of Baldwin Park considers ending and preventing homelessness a high priority and will support CDBG public service activities that help prevent homelessness and that provide a structured path to stable housing for indivi duals and families who become homeless.
8. Section 108 Loan Repayment – This priority need satisfies the requirement to repay the Section 108 loan (principal and interest) used during the development of the Wal -Mart Center in 2003.
9. Special Needs Non-Homeless, Facilities/Infrastructure Improvements - In consultation with the City of Baldwin Park Public Works Department, a high level of need exists within the City for constructing Americans with Disability Act (ADA) compliant improvements, specifically in community and public facilities. Activities that address ADA -compliant improvements may include ADA-compliant restroom facilities, concrete pathways, curbs, ramps, railings, and directional signage.
Accessibility improvements for Special Needs Pers ons are rated as a priority need based on consultation with the Baldwin Park Public Works Department and responses to the 2020-2024 Consolidated Plan Needs Assessment Survey. The City of Baldwin Park considers creating unobstructed paths of travel and accessibility for special needs persons including seniors and severely disabled adults a high priority and will use CDBG funds to support activities that improve access to community and public facilities.
Evaluation of past performance
The second year of the FY 2020/21 – 2024/25 Consolidated Plan is still in process and performance accomplishments will be fully captured in the year -end FY 2020 -21 Consolidated Annual Performance and Evaluation Report (CAPER).
Summary of citizen participation process and consultation process As a condition to receiving Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds, the City of Baldwin Park must engage stakeholders and the public Annual Action Plan BALDWIN PARK 7
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regarding the community’s needs in the areas of community development and housing. To guide in this effort, the City has adopted a Citizen Participation Plan which outlines the citizen participation and consultation efforts necessary for the development of the Consolidated Plan, Annual Action Plan, and Consolidated Annual Performance and Evaluation Report (CAPER).
All of Baldwin Park’s citizens are encouraged to participate in the planning, development, and implementation of the Annual Action Plan. Three public hearings are held by the City each year to discuss issues related to the Consolidated Plan as well as the Annual Action Plan. The first two hearings focus on the needs of the community and development of the Annual Action Plan and provides citizens with an opportunity to comment on the Annual A ction Plan. The third public hearing is conducted as part of the year -end Consolidated Annual Performance and Evaluation Report (CAPER) process and focuses on performance as it relates to housing, homelessness, hazards associated with lead-based paint, accessibility, and community development needs, such as infrastructure and public services. In all cases, a Notice of Public Hearing was published at least 15 days prior to the hearing to provide residents with adequate notice.
A draft 2022-23 Annual Action Plan will be available for public comment for a 30-day period (April 1, 2022 – May 4, 2022). City Council public hearings were held on February 16, 2022 and May 4, 2022, providing residents and interested parties a final opportunity to comment on the Annual Action Plan prior to adoption and submittal to HUD.
Summary of public comments
[To be completed after public comment period and public hearing to adopt the AAP.] Summary of comments or views not accepted and the reasons for not accepting them [To be completed after public comment period and public hearing to adopt the AAP.] Summary
The Consolidated Plan identifies the top funding priorities over the next five years. These priorities were established through a need’s assessment, housing market analysis, feedback from public meetings, community surveys, and consultation with local stakeholders. Funding these priorities supports HUD’s principal goals and objectives. These goals are mean t to provide availability, sustainability, and affordability for Baldwin Park citizens. To summarize, the seven priority needs as identified in the Consolidated Plan are:
1. Expand the Supply of Affordable Housing
2. Preserve the Supply of Affordable Housing
3. Ensure Equal Access to Housing Opportunities
4. Neighborhood Services, Community Facilities
5. Provide Public Services for Low Income Residents
6. Public Services for Residents with Special Needs
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7. Prevent and Eliminate Homelessness
8. Section 108 Loan Repayment
9. Special Needs Non-Homeless-Facilities/Infrastructure Improvements Annual Action Plan BALDWIN PARK 9
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PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)
Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator Baldwin Park Housing Department
HOME Administrator Baldwin Park Housing Department
Table 2 – Responsible Agencies
Narrative
The City of Baldwin Park Housing Division is the lead agency responsible for the administration of the CDBG and HOME programs. In the development of the Consolidated Plan, the City developed and implemented a comprehensive citizen participation and consultation process and conducted a needs assessment and market analysis to identify levels of relative need regarding affordable housing, homelessness, special needs, and community development. This information was gathered through consultation with public offi cials and local agencies, public outreach and community meetings, review of demographic and economic data, and housing market analysis.
In the implementation of the 2020 -2024 Consolidated Plan and each of the five Annual Action Plans, the Housing Departme nt shall be responsible for all gran t planning, management and monitoring duties necessary to comply with HUD regulations and City policy.
Consolidated Plan Public Contact Information
Carol Averell, Housing Manager
Baldwin Park Housing Division
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960-4011 X496
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AP-10 Consultation - 91.100, 91.200(b), 91.215(l)
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).
The City recognizes the importance of careful coordination and alignment among various service providers to maximize the effectiveness of its CDBG and HOME programs. As a result, during the development of the 2020-2024 Consolidated Plan, the City consulted closely with organizations that provide assisted housing, health services and other community -focused agencies. Outreach efforts included surveys including specific questions associated with coordination, invitations to community meetings and follow-up in-person interviews where appropriate.
The City further recognizes the importance of continued coordination and alignment during the five- year planning period with these organizations and agencies. The City will streng then relationships among these organizations in the implementation of the NOFA process for CDBG and HOME funds and through technical assistance provided to subrecipients of CDBG and HOME funds each year.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness The Continuum of Care (CoC) for Los Angel es County is led by the Los Angeles Homeless Services Authority or LAHSA . T he CoC guides the development of homeless strategies and the implementation of programs to end homelessness throughout the region. The City coordinates with the CoC to identify objectives and address the needs of different homeless populations, specifically chronically homeless families and individuals, families with children, veterans, unaccompanied youth, and persons at risk of homelessness.
Coordination to address homelessness — including chronically homeless individuals and families, families with children, veterans, and unaccompanied youth — is guided by the CoC. All service providers within the CoC have the ability to refer people with varying needs to the appropriate service provider(s) in their area.
Pursuant to HUD guidance, the City will also be working closely with the Los Angeles CoC in the development of the City’s HOME-ARP Allocation Plan. A special allocation of HOME funds from the American Rescue Plan (HOME-ARP) will provide $1,128,365 to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non -congregate shelter, to reduce homelessness and increase housing stability in Baldwin Park.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS Annual Action Plan BALDWIN PARK 11
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The City of Baldwin Park does not receive ESG funds; however, in the development of the 2020-2024 Consolidated Plan, the City consulted 23 housing, social service and other entities involved in housing, community and economic devel opment in the City and throughout the region to obtain valuable information on the priority needs in Baldwin Park and how CDBG, HOME and other resources should be invested to provide decent affordable housing, a suitable living environment and economic opp ortunities for low - and moderate-income residents. The Los Angeles Homeless Services Authority (LAHSA), the lead agency of the Continuum of Care (CoC), was consulted to discuss performance standards, outcomes, and policies and procedures for HMIS. Table 3 provides a listing of the entities consulted as part of this planning process.
Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities 1 Agency/Group/Organization Los Angeles County
Child Protective Services
Agency/Group/Organization Type Services-Children
Other government - Local
What section of the Plan was addressed by Consultation? Public Services How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
2 Agency/Group/Organization Los Angeles County
Health Department
Agency/Group/Organization Type Services-Health
Other government - Local
What section of the Plan was addressed by Consultation? Public Services How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
3 Agency/Group/Organization Los Angeles County
Sheriff's
Department
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Law Enforcement How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
4 Agency/Group/Organization Los Angeles County
Fire Department #29
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Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Fire Department How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
5 Agency/Group/Organization Youth Athletic Association
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Consultation? Youth Activities How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas
for improved coordination?
Survey
6 Agency/Group/Organization Los Angeles County
Development
Authority
Agency/Group/Organization Type PHA
Other government - Local
What section of the Plan was addressed by Consultation? Public Housing Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, telephone.
7 Agency/Group/Organization Housing Authority of
the City of Baldwin Park
Agency/Group/Organization Type PHA
What section of the Plan was addressed by Consultation? Public Housing Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, in-person.
8 Agency/Group/Organization Baldwin Park Soccer
Little League
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Consultation? Little League How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas
for improved coordination?
Survey
9 Agency/Group/Organization Baldwin Park
Pride Platoon
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Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Consultation? Public Services How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas
for improved coordination?
Survey
10 Agency/Group/Organization Adult Education Center
Agency/Group/Organization Type Services-Education
What section of the Plan was addressed by Consultation? Educational Services How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
11 Agency/Group/Organization HOUSING RIGHTS
CENTER
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Public Services How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
12 Agency/Group/Organization YWCA OF SAN
GABRIEL VALLEY
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Public Services How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas
for improved coordination?
Survey
13 Agency/Group/Organization ESGV COALITION FOR
THE HOMELESS
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs -
Chronically homeless
Homeless Needs -
Families with children
Homelessness Needs -
Veterans
Homelessness Needs -
Unaccompanied youth
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How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
14 Agency/Group/Organization LAHSA
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs -
Chronically homeless
Homeless Needs -
Families with children
Homelessness Needs -
Veterans
Homelessness Needs -
Unaccompanied youth
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, telephone.
15 Agency/Group/Organization CATHOLIC CHARITIES
OF LOS ANGELES, INC.
Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs -
Chronically homeless
Homeless Needs -
Families with children
Homelessness Needs -
Veterans
Homelessness Needs -
Unaccompanied youth
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, telephone
16 Agency/Group/Organization Project Sister
Family Services
Agency/Group/Organization Type Services-Victims
of Domestic
Violence
What section of the Plan was addressed by Consultation? Public Services Annual Action Plan BALDWIN PARK 15
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How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
17 Agency/Group/Organization Baldwin Park Chamber of
Commerce
Agency/Group/Organization Type Business and Civic Leaders What section of the Plan was addressed by Consultation? Economic Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
18 Agency/Group/Organization FAMILY SERVICE CENTERS
Agency/Group/Organization Type Services-Children
Services-Education
Services-Employment
What section of the Plan was addressed by Consultation? Economic Development Public Services
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey
19 Agency/Group/Organization ROEM Development
Corporation
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, telephone.
20 Agency/Group/Organization Frontier Communications
Agency/Group/Organization Type Services - Broadband
Internet Service Providers
What section of the Plan was addressed by Consultation? Broadband Needs Assessment
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, telephone
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21 Agency/Group/Organization Kaiser Permanente
Agency/Group/Organization Type Services-Persons with
HIV/AIDS
Services-Health
Health Agency
What section of the Plan was addressed by Consultation? Health Agency How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, telephone
22 Agency/Group/Organization Disabled American
Veterans
Agency/Group/Organization Type Services-Persons with
Disabilities
Services-Veterans
What section of the Plan was addressed by Consultation? Homelessness Needs - Veterans
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, telephone
23 Agency/Group/Organization CitiStaff Solutions, Inc.
Agency/Group/Organization Type Services-Employment
Business Leaders
What section of the Plan was addressed by Consultation? Economic Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Survey, telephone
Table 3 – Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting The City attempts to maintain a current and comprehensive list of agencies, organizations and other stakeholders and invited representatives from each entity to participate in the planning Annual Action Plan BALDWIN PARK 17
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process at multiple points in the planning process. If an agency di d not attend meetings or participate in surveys, it was done so by the agency’s choice.
If an agency or organization was not consulted and would like to be included in the City’s list of stakeholders, the agency or organization may contact the Baldwin Park Housing Division at (626) 960- 4011.
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Los Angeles Homeless
Services Authority
The Homelessness Prevention goal within the Strategic
Plan is consistent with the goals of the CoC.
2014-2021
Housing Element
City of Baldwin Park The Affordable Housing goals within the Strategic Plan are consistent with the Adopted and Certified 2014-
2021 Housing Element.
Table 4 – Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l))
To enhance coordination among the CoC, public and assisted housing providers and private and governmental health, mental health and service agencies, the City invited each of these entities to provide input on the needs of the community in the development of this Consolidated Plan.
The City monitors CoC policies to ensure that local efforts correspond to changes in the regional approach to addressing the needs o f homeless and low -income people. Further, the Housing Department works with subrecipients of CDBG and HOME funds to ensure a coordinated effort among service agencies in the region to address the needs of Baldwin Park residents, including but not limited to chronically homeless individuals and families, families with children, veterans and their families, unaccompanied youth, and persons who were recently homeless but now live-in permanent housing. To promote economic opportunities for low -income residents, the City coordinates with subrecipient social service agencies, businesses, and housing developers to ensure that where there are job opportunities for low - income people in connection with HUD-assisted projects, information is disseminated through appropriate channels consistent with the objectives of Section 3 of the Housing and Community Development Act of 1968.
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AP-12 Participation - 91.105, 91.200(c)
Summary of citizen participation process/efforts made to broaden citizen participation The City followed HUD’s guidelines for citizen and community involvement in preparation of the Consolidated Plan and Action Plan. To encourage citizen participation in the preparation of the documents, the City undertook several activities as summarized below.
Housing and Community Development Needs Survey for Development of the Consolidated Plan - To assist in the identification of priority needs in the City, a survey was prepared and distributed to residents of the City to solicit resident input in the prioritization of needs related to community services, community facilities, infrastructure, neighborhood services, special needs services, businesses and jobs, and housing. The surveys were available online, through social me dia, and also were made available at the Baldwin Park Community Development Department.
Community Meetings for Development of the Consolidated Plan - Two community meetings to discuss the housing and community development needs in Baldwin Park were held on September 19, 2019 and September 21, 2019, respectively, at the Esther Snyder Community Center. No public comments were received.
FY 2020 -2024 Consolidated Plan and 2020 -21 Annual Action Plan Citizen Participation - The draft 2020-2021 Annual Action Pla n and 2020 -2024 Consolidated Plan was available for public review and comment from March 16, 2020 to April 15, 2020. No public comments were received.
A public hearing to receive comments on the draft 2020 -2024 Consolidated Plan and the 2020 - 2021 Annual A ction Plan was held before the Baldwin Park City Council on April 15, 2020. No public comments were received.
At each step in the process, the City was careful to ensure that low - and moderate -income residents, members of minority groups, agencies involve d in the provision of services to these populations, and others who are directly impacted by the programs and activities supported by the Consolidated Plan programs had the opportunity to be actively involved.
In the preparation of the 2020-2024 Consolidated Plan, the City followed the process established for citizen participation set forth in the Citizen Participation Plan. To promote greater public accessibility to program documents, the Citizen Participation Plan, Consolidated Plan, Action Plans, CAPERs and the Analysis of Impediments to Fair Housing Choice were posted on the City website at: http://www.baldwinpark.com/
FY 2022-23 Annual Action Plan Citizen Participation - The City of Baldwin Park has a Citizen Participation Plan to guide the City's CDBG citizen participation process. All of Baldwin Park’s citizens are encouraged to participate in the planning, development, and implementation of the Annual Action Plan BALDWIN PARK 19
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Annual Action Plan. Organizations receiving direct CDBG funding are in regular contact with City staff. Other organizations are consulted as needed or have been present at various public hearings held by the City. Three public hearings a re held each year by the City to discuss issues related to the Consolidated Plan as well as the Annual Action Plan. The first two hearings focus on the needs of the community and development of the Annual Action Plan and provide citizens with an opportunit y to comment on the draft Annual Action Plan. The third public hearing is conducted as part of the Consolidated Annual Performance and Evaluation Report (CAPER) process and focuses on performance as they relate to housing, homelessness, hazards associated with lead-based paint, accessibility, and community development needs, such as infrastructure and public services. In all cases, a Notice of Public Hearing is published at least 15 days prior to the hearing to provide residents with adequate notice.
A d raft 2022-23 Annual Action Plan was available for public comment for a minimum 30 -day period (April 1, 2022 – May 4, 2022 ). City Council public hearings were held on February 16, 2022 and May 4, 2022, providing residents and interested parties a final opportunity to comment on the Annual Action Plan prior to adoption and submittal to HUD.
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Sort Order
Citizen
Participation
Outreach
Mode of Outreach Target of Outreach
Summary of
response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Internet Outreach
Other- Public
Posting
Non-targeted/
broad community
A public notice was
posted on the City’s
website, Facebook
page, and at public
locations to notify
interested parties of
the 1st public hearing
to solicit comments
on needs and
priorities for the
development of the
FY 2022-23 Annual
Action Plan. The
public notice was
posted on January
28, 2022.
No comments
received.
No comments
received.
N/A
2 Public Hearing Non-targeted/
broad community
A public hearing was
held virtually on
February 16, 2022 to
solicit comments on
housing and
community
development needs
for inclusion in the FY
2022-23 AAP.
No comments
received.
No comments
received.
N/A
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3 Newspaper Ad Non-targeted/
broad community
A newspaper
advertisement was
published on April 1,
2022 to solicit public
comments on the
draft 2022-23 Annual
Action Plan and to
invite citizens to
attend the final
public hearing to
adopt the FY 2022-23
Annual Action Plan.
[To be completed
after public
comment period.]
[To be completed after
public comment
period.]
N/A
4 Public Hearing Non-targeted/
broad community
A final public hearing
was held before the
City Council on May
4, 2022 for adoption
of the FY 2022-23
Annual Action Plan.
[To be completed
after the public
hearing.]
[To be completed after
the public hearing.]
N/A
Table 5 - Citizen Participation Outreach
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EXPECTED RESOURCES
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
For fiscal year 2022-23, the City of Baldwin Park will have a n estimated total of $1,162,380 in CDBG funds. This total amount is comprised of an estimated $942,671 in Fiscal 2022-23 CDBG entitlement funds and $219,709 in prior year unallocated CDBG funds carried forward. It is important to note that as of the writing of this Annual Action Plan, HUD has not released CDBG allocations for 2022 -23. HUD has instructed City staff to disclose to the public that the CDBG allocation could vary by + -10% of the FY 202 1-22 allocation. City staff has opted to use the FY 2021-22 allocation of $942,671 for preparation of the Annual Action Plan until the release of the actual amount. In the event that there is an increase/decrease in the FY 2022 -23 entitlement amount, City staff will make the following adjustments:
• CDBG Public Service Allocations - The eig ht applicants consisting of Church of the Redeemer Food Bank, Family Service Center, BPPD Pride Platoon, Youth Employment Program, Graffiti Removal Program, Domestic Violence Advocate, East San Gabriel Valley Coalition for the Homeless, and Oath for Countr y Foundation will have their funding adjusted proportionately (weighted average).
• CDBG Housing and Infrastructure Allocations – Funding of the Home Improvement Grant Program, Home Improvement Loan Program, and ADA Curb Ramps Project will not change.
• CDBG Program Administration – The allocation to CDBG Program Administration will be adjusted accordingly but will not exceed the 20 percent maximum requirement. • CDBG Unallocated Fund Balance – The unallocated CDBG balance will be adjusted to absorb the rem aining difference after public services and administration activities are adjusted accordingly.
Further, the City does not have any income from float-funded activities or surplus from urban renewal settlements, sale of real property, prior period adjustments, loans outstanding or written off, CDBG acquired property available for sale, or lump sum drawdown payments. Nor is the City funding any “urgent need activities.” CDBG funds will be used for public services, housing preservation, infrastructure improvements, CDBG administration, and fair housing services.
The City will also have an estimated $2,952,185 in HOME Program funds comprised of a FY 2022- 23 allocation of $311,628 and an unallocated funds carryover balance of $2,640,557. Since HUD has not released FY 2022 -23 HOME entitlement amounts to date, City staff will make the following adjustments to HOME activity allocations once the HOME entitlement amount is Annual Action Plan BALDWIN PARK 23
OMB Control No: 2506-0117 (exp. 07/31/2015)
disclosed:
• HOME Housing Projects – All three proposed housing developments – Habitat for Humanity CHDO Project, Cesar Chavez Foundation Affordable Housing Project, and the Retirement Housing Foundation Senior Housing Project – will remain unchanged. • HOME Program Administration - If HOME funds are increased or decreased, then HOME administration funding will be adjusted accordingly but will not exceed the 10 percent. • HOME Unallocated Fund Balance – The unallocated HOME balance will be adjusted to absorb the remaining difference in allocation after HOME administration is adjusted accordingly.
The HOME entitlement amount could vary by + -10% of the FY 2021 -22 HOME allocation of $311,628, which was used to develop this 2022 -23 Annual Action Plan. The City will use HOME funds for administration of the HOME program and three potential affordable housing projects.
The City is also set to receive a special allocation of HOME funding as p art of the $1.9 trillion coronavirus relief legislation, the American Rescue Plan Act of 2021, which is slated to provide funding for emergency rental relief, development of affordable rental housing for homeless or those at risk of homelessness, and homeowner foreclosure prevention. Baldwin Park is slated to receive $1,128,365 in HOME-ARP funds that may used for the development of affordable housing and supportive services for homeless persons and those at risk of homelessness.
The City will pursue competitive public and private grants for the development and preservation of programs, housing, and services and work to support legislation that promotes funding for future affordable housing during the Consolidated Plan period.
Annual Action Plan BALDWIN PARK 24
OMB Control No: 2506-0117 (exp. 07/31/2015)
Anticipated Resources
Program
Source
of
Funds Uses of Funds
Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative
Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Public-
Federal
Acquisition,
Planning,
Economic
Development,
Housing,
Public
Improvements,
Public Services
$942,671 $0 $219,709 $1,162,380 $1,885,342 Entitlement
allocation
plus
estimated
program
income
plus prior-
year
resources.
HOME Public-
Federal
Acquisition,
Homeowner
rehab,
Multifamily
rental new
construction,
Multifamily
rental rehab,
New
construction
for ownership,
TBRA
$311,628 $0 $2,640,557 $2,952,185 $623,256 Entitlement
allocation
plus
estimated
program
income
plus prior
year
resources.
Table 6 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied To address housing and community development needs in Baldwin Park, the City will leverage its CDBG and HOME entitlement grants with a variety of funding resources in order to maximize the effectiveness of available funds. The City’s former Redevelopment Agency was the primary non- federal source of leveraged funds. With the elimination of the City’s Redevelopment Agency, the City’s ability to leverage federal funds has been substantially reduced. The City and its development partners will continue to seek new opportunities to leverage federal funds, such as the Low-Income Tax Credit program, the special allocations of HOME-ARP and CDBG-CV funding, and U.S. Department of Housing and Urban Development Section 202 and 811 for the Elderly Program.
Annual Action Plan BALDWIN PARK 25
OMB Control No: 2506-0117 (exp. 07/31/2015)
HUD requires HOME recipients (PJ’s) to match 25% of their HOME annual allocation. In accordance with 24 CFR 92.222, PJ’s satisfying the distress criteria established by the HOME Program regulations are provided a match reduction. The match reductions are g ranted due to fiscal distress, severe fiscal distress, and Presidential disaster declarations. The City of Baldwin Park has received a 50% match reduction from HUD, and therefore, will match 12.5% of HOME Funds using non- federal funds.
If appropriate, de scribe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Publicly owned land or property located within Baldwin Park that may be used to address affordable housing needs identified in the 2020 -2024 Consolidated Plan are continually being sought for development. One such property located at 13167 Garvey Street was purchased in September 2021 by the City. The City may utilize the property for the development of affordable housing for those that are homeless or at risk of homelessness.
Also, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of developing affordable housing. Land or property necessary to address the needs identified in the Consolidated Plan would need to be acquired using HUD grant funds or other resources.
Annual Action Plan BALDWIN PARK 26
OMB Control No: 2506-0117 (exp. 07/31/2015)
ANNUAL GOALS AND OBJECTIVES
AP-20 Annual Goals and Objectives
Annual Action Plan BALDWIN PARK 27
OMB Control No: 2506-0117 (exp. 07/31/2015)
Sort Order Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Affordable Housing
Development
2022 2023 Affordable
Housing
Citywide Expand the Supply of
Affordable Housing $285,000
(HOME Request)
$500,000
(HOME Request)
$500,000
(HOME Request)
Homeowner Housing Added –
2 Housing Units
(Habitat for Humanity CHDO
Homeownership Project)
Rental Units Rehabilitated –
3 Housing Units
(Cesar Chavez Foundation
Affordable Housing Project)
Rental Units Rehabilitated –
3 Housing Units
(Retirement Housing
Foundation Senior Housing
Project)
2 Housing
Preservation
2022 2023 Affordable
Housing
Citywide Preserve the Supply
of Affordable
Housing
$50,000
(CDBG Request)
$100,000
(CDBG Request)
Homeowner Housing
Rehabilitated –
5 Household Housing Unit
(Home Improvement Grant
Program)
Homeowner Housing
Rehabilitated –
10 Household Housing Unit
(Home Improvement Loan
Program)
3 Fair Housing
Services
2022 2023 Affordable
Housing
Citywide Ensure Equal Access
to Housing
Opportunities
$2,500
(CDBG Request)
Other –
100 Persons
(Housing Rights Center)
4 Neighborhood
Services
2022 2023 Non-Housing
Community
Development
Low- and
Moderate-
Income Areas
Neighborhood
Services, Community
Facilities
$126,000
(CDBG)
Housing Code Enforcement/
Foreclosed Property Care –
2,000 Housing Units
(Code Enforcement)
Annual Action Plan BALDWIN PARK 28
OMB Control No: 2506-0117 (exp. 07/31/2015)
5 Public Services for
LMI Residents
2022 2023 Non-Housing
Community
Development
Citywide
Low- and
Moderate-
Income Areas
Provide Public
Services for Low
Income Residents
$13,429
(CDBG)
$25,667
(CDBG)
$20,000
(CDBG)
$20,000
(CDBG)
$28,970
(CDBG)
Public service activities other
than Low/Moderate Income
Housing Benefit –
4,600 Persons Assisted
(Church of the Redeemer
Food Bank)
Public service activities other
than Low/Moderate Income
Housing Benefit –
600 Persons Assisted
(Family Service Center)
Public service activities other
than Low/Moderate Income
Housing Benefit –
40 Persons Assisted
(BPPD Pride Platoon)
Public service activities other
than Low/Moderate Income
Housing Benefit –
20 Persons Assisted
(Youth Employment Program)
Public service activities other
than Low/Moderate Income
Housing Benefit –
300 Persons Assisted
(Graffiti Removal Program)
6 Special Needs
Services
2022 2023 Non-Housing
Community
Development
Citywide Public Services for
Residents with
Special Needs
$23,334
(CDBG)
Public service activities other
than Low/Moderate Income
Housing Benefit –
250 Persons Assisted
(Domestic Violence
Advocate)
Annual Action Plan BALDWIN PARK 29
OMB Control No: 2506-0117 (exp. 07/31/2015)
7 Homelessness
Prevention
2022 2023 Non-Housing
Community
Development
Citywide Prevent and
Eliminate
Homelessness
$10,000
(CDBG)
Public service activities other
than Low/Moderate Income
Housing Benefit –
300 Persons Assisted
(East SGV Coalition for the
Homeless)
8 Community
Facilities,
Infrastructure, and
Section 108 Debt
Service
2022 2023 Non-Housing
Community
Development
Low- and
Moderate-
Income Areas
Special Needs Non-
Homeless,
Facility/Infrastructure
Improvements
$160,000
(CDBG Request)
Public Facility or
Infrastructure Activities other
than Low/Mod Income
Housing Benefit –
4,614 Persons Assisted
(ADA Curb Ramps Project)
9 Planning for
Housing and
Community
Development Needs
2022 2023 Other:
Administration
N/A Other Housing and
Community
Development Needs
$31,163
(HOME)
$186,034
(CDBG)
N/A
(HOME Program
Administration, CDBG
Program Administration)
Table 7 – Goals Summary
Annual Action Plan BALDWIN PARK 30
OMB Control No: 2506-0117 (exp. 07/31/2015)
Goal Descriptions
1 Goal Name Affordable Housing Development
Goal
Description
In partnership with housing developers, leverage HOME and CDBG funds in support of the development of new housing units affordable to households earning less than 30, 60, or 80 percent of Area Median Income. (Projects: Habitat for Humanity CHDO Homeownership Project; Cesar Chavez Foundation Affordable Housing Project; Retirement Housing Foundation Senior Housing Project)
2 Goal Name Housing Preservation
Goal
Description
Preservation of the quality of existing affordable housing stock occupied by low- and moderate-income households. (Projects: Home Improvement Grant Program; Home Improvement Loan Program)
3 Goal Name Fair Housing Services
Goal
Description
Affirmatively further fair housing choice through the provision of fair housing education, counseling, anti-discrimination and landlord-tenant mediation services. (Project: Housing Rights Center)
4 Goal Name Neighborhood Services
Goal
Description
Preserve and enhance neighborhood aesthetics and public safety through activities such as code enforcement as well as improvement of building quality and safety through code compliance to benefit low- and moderate-income residents of the low- and moderate-income areas. (Projects: Code Enforcement) 5 Goal Name Public Services for Low- and Moderate-Income Residents Goal
Description
Provide public services that support the emotional and developmental well-being of low- and moderate-income families, including activities such as graffiti removal to benefit low-income residents. (Projects: Church of the Redeemer Food Bank; Family Service Center; BPPD Pride Platoon; Youth Employment Program; Graffiti Removal Program)
6 Goal Name Special Needs Services
Goal
Description
Provide special needs services including, but not limited, to those concerned with disabilities, domestic violence and substance abuse. (Project: Domestic Violence Advocate)
7 Goal Name Homeless Prevention
Goal
Description
Support a continuum of services in Los Angeles County to prevent and eliminate homelessness including, but not limited to, homelessness prevention programs, emergency shelter programs and transitional housing. (Projects: East San Gabriel Valley Coalition for the Homeless)
8 Goal Name Community Facility, Infrastructure, and Section 108 Debt Service Goal
Description
Repayment of Section 108 Loan that improved City public facilities and infrastructure benefitting low- and moderate-income residents or those presumed under HUD regulations to be low - and moderate-income such as the elderly and disabled adults. (Project: ADA Curb Ramps Project)
Annual Action Plan BALDWIN PARK 31
OMB Control No: 2506-0117 (exp. 07/31/2015)
9 Goal Name Other (Administration)
Goal
Description
The City will conduct the following administration/planning activities: (1) General Administration of CDBG and HOME Program, including preparation of budget, applications, certifications and agreements, (2) Coordination of CDBG-funded capital improvement p rojects, (3) Coordination of Public Service Subrecipients, (4) Coordination of HOME-funded housing projects, (5) Monitoring of CDBG and HOME projects/programs to ensure compliance with federal regulations, (6) Preparation of Annual Action Plan, and (7) Preparation of the CAPER. Up to 20% of the annual CDBG entitlement and up to 10% of the HOME entitlement is allowed for administration activities. (Project: HOME Administration; CDBG Administration) FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 32
PROJECTS
AP-35 Projects – 91.220(d)
Introduction
The City plans to undertake the following CDBG and HOME funded activities during Fiscal Year 2022-23 to address its priority housing and community development needs. All proposed activities are eligible and meet program service targets. Additionally, the City of Baldwin Park has not exceeded any of its maximum allocations for CDBG public services, CDBG administration, or HOME administration.
With an estimated CDBG allocation of $942,671, the City of Baldwin Park is allowed to allocate a maximum of 15%, or $ 141,400, in public services . This Annual Action Plan proposes to allocate the maximum 15 % in public services towards the following activities : Church of the Redeemer ($13,429); Family Service Center ($25,667); BPPD Pride Platoon ($20,000); Youth Employment Program ($20,000); Graffiti Removal ($28,970); Domestic Violence Advocate ($23,334); and East SGV Coalition for the Homeless ($10,000). CDBG public service allocations will be adjusted proportionately when final 2022-23 allocations are published by HUD.
CDBG regulations also permit a maximum allocation of 20%, or $ 188,534, for CDBG administration activities. The City has allocated $186,034 for CDBG Administration and $2,500 to the Housing Rights Center, for a total of $188,534, the maximum allowed. Lastly, a maximum of 10%, or $31,163, in HOME administration activities is allowed to be allocated in FY 2022-23. The City has allocated this amount for the HOME Program Administration activity in the Annual Action Plan.
Project Name Target Area Goals Supported Needs
Addressed
Funding
Requested
Habitat for Humanity CHDO
Homeownership Project
Citywide Affordable
Housing
Development
Expand the
Supply of
Affordable
Housing
HOME:
$285,000
Cesar Chavez Foundation
Affordable Housing Project
Citywide Affordable
Housing
Development
Expand the
Supply of
Affordable
Housing
HOME:
$500,000
Retirement Hosuing
Foundation Senior Housing
Project
Citywide Affordable
Housing
Development
Expand the
Supply of
Affordable
Housing
HOME:
$500,000
Home Improvement Grant
Prpgram
Citywide Housing
Preservation
Priority Housing
Needs
CDBG:
$50,000
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 33
Project Name Target Area Goals Supported Needs
Addressed
Funding
Requested
Home Improvement Loan
Program
Citywide Housing
Preservation
Priority Housing
Needs
CDBG:
$100,000
Housing Rights Center Citywide Fair Housing
Services
Ensure Equal
Access to
Housing
Opportunities
CDBG:
$2,500
Code Enforcement Low- and
Moderate-
Income
Areas
Neighborhood
Services
Neighborhood
Services,
Community
Facilities
CDBG:
$126,000
Church of the Redeemer Food
Bank
Citywide Public Services
for Low- and
Moderate-
Income
Residents
Provide Public
Services for Low
Income
Residents
CDBG:
$13,429
Family Service Center Citywide Public Services
for Low- and
Moderate-
Income
Residents
Provide Public
Services for Low
Income
Residents
CDBG:
$25,667
BPPD Pride Platoon Citywide Public Services
for Low- and
Moderate-
Income
Residents
Provide Public
Services for Low
Income
Residents
CDBG:
$20,000
Youth Employment Program Citywide Public Services
for Low- and
Moderate-
Income
Residents
Provide Public
Services for Low
Income
Residents
CDBG:
$20,000
Graffiti Removal Program Low- and
Moderate-
Income
Areas
Public Services
for Low- and
Moderate-
Income
Residents
Provide Public
Services for Low
Income
Residents
CDBG:
$28,970
Domestic Violence Advocate Citywide Special Needs
Services
Public Services
for Residents
with Special
Needs
CDBG:
$23,334
East San Gabriel Valley
Coalition for the Homeless
Citywide Homeless
Prevention
Prevent and
Eliminate
Homelessness
CDBG:
$10,000
ADA Curb Ramps Project Citywide Community
Facilities,
Infrastructure,
Special Needs
Non-Homeless,
Facility /
CDBG:
$160,000
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 34
Project Name Target Area Goals Supported Needs
Addressed
Funding
Requested
and Section 108
Debt Service
Infrastructure
Improvements
HOME Program Administration Citywide Other -
Administration
Other -
Administration
HOME:
$31,163
CDBG Program Administration Citywide Other -
Administration
Other -
Administration
CDBG:
$186,034
Unallocated CDBG Funds Citywide Not Applicable Not Applicable CDBG:
$396,446
Unallocated HOME Funds Citywide Not Applicable Not Applicable HOME:
$1,636,022
Table 8 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Based on the Strategic Plan, Baldwin Park is allocating 100 percent of its CDBG funds (excluding CDBG Program Administration) as well as 100 percent of its non -administrative HOME funds for program year 2022-23 projects and activities that benefit low - and moderate-income people.
Due to the nature of the projects and activities to be undertaken, investments in projects concerning Neighborhood Services and Community Facilities and Infrastructure Improvements are limited to low - and moderate-income areas while other projects and activities that benefit low- and moderate-income limited clientele and are available citywide.
The primary obstacles to meeting the underserved needs of low - and moderate-income people include lack of funding from federal, state and other local sources and the high cost of housing that is not affordable to low -income people. To address these obstacles, the City is investing CDBG and HOME funds through the 2022-23 Annual Action Plan to projects that provide additional affordable housing units, provide for the preservation of existing housing units, that provide services to low- and moderate-income people and those with special needs, and projects that prevent homelessness.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 35
AP-38 Project Summary
Project Summary Information
1 Project
Name
Habitat for Humanity CHDO Homeownership Project
Target Area Citywide
Goals
Supported
Affordable Housing Development
Needs
Addressed
Expand the Supply of Affordable Housing
Funding HOME: $285,000
Description The City is proposing to use HOME funds on an affordable housing homeownership project with a local Community Housing Development Organization (CHDO) , Habitat for Humanity .
The City will extend gap financing to acquire and rehabilitate homeownership housing. Site locations are still to be determined.
Target Date June 30, 2023
Location
Description
To be determined.
Planned
Activities
Same as description.
2 Project
Name
Cesar Chavez Foundation Affordable Housing Project
Target Area Citywide
Goals
Supported
Affordable Housing Development
Needs
Addressed
Expand the Supply of Affordable Housing
Funding HOME: $500,000
Description The Cesar Chavez Foundation is proposing to work with the City of Baldwin Park on an affordable housing project located at 4109 and 4113 Downing Avenue and 14617, 14625, and 14637 Ramona Boulevard. The site is approximately 1 -acre and proposes to include 25 one - bedroom units, 15 two -bedroom units, and 17 three -bedroom units for a total of 57-units.
The project will be leveraged with 4% Low Income Housing Tax Credits (LIHTC).
Target Date June 30, 2023
Location
Description
To be determined.
Planned
Activities
Same as description.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 36
3 Project
Name
Retirement Housing Foundation Senior Housing Project
Target Area Citywide
Goals
Supported
Affordable Housing Development
Needs
Addressed
Expand the Supply of Affordable Housing
Funding HOME: $500,000
Description The City is proposing to partner with Retirement Housing Foundation (RHF) to develop a multi-site senior housing project on the corner of Downing Avenue and Central Street, Baldwin Park. “Central Metro Place” will consist of 55 age restricted units (with one manager’s unit), onsite parking, an abundance of amenities and gardens all tailored to seniors and the aging population.
Target Date June 30, 2023
Location
Description
To be determined.
Planned
Activities
Same as description.
4 Project
Name
Home Improvement Grant Program
Target Area Citywide
Goals
Supported
Housing Preservation
Needs
Addressed
Preserve the Supply of Affordable Housing
Funding CDBG: $50,000
Description The City of Baldwin Park offers very low -income households and low-income senior citizens, and disabled/handicapped property owners grants up to $10,000 for essential home repairs.
Target Date June 30, 2023
Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as Description.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 37
5 Project
Name
Home Improvement Loan Program
Target Area Citywide
Goals
Supported
Housing Preservation
Needs
Addressed
Preserve the Supply of Affordable Housing
Funding CDBG: $100,00
Description Deferred loans are also available up to $45,000 with a low 1% interest rate for substantial rehabilitation projects. For Moderate Income households, the City offers an amortized payment loan up to $45,000 at a low 3% interest rate.
Target Date June 30, 2023
Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as Description.
6 Project
Name
Housing Rights Center
Target Area Citywide
Goals
Supported
Fair Housing Services
Needs
Addressed
Ensure Equal Access to Housing Opportunities
Funding CDBG: $2,500
Description Affirmatively further fair housing choice through the provision of fair housing education, counseling, anti-discrimination and landlord -tenant mediation services. The Housing Rights Center will assist approximately 100 persons in FY 2022-23.
Target Date June 30, 2023
Location
Description
The Housing Rights Center is located at 3255 Wilshire Boulevard, Suite 1150, Los Angeles, CA 90010; however it is available to all Baldwin Park residents citywide.
Planned
Activities
Same as description.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 38
7 Project
Name
Code Enforcement
Target Area Low- and Moderate-Income Areas
Goals
Supported
Neighborhood Services
Needs
Addressed
Neighborhood Services, Community Facilities
Funding CDBG: $126,000
Description Enhance low-and moderate-income neighborhoods by inspecting approximately 2,000 units through community enhancement programs and other neighborhood services Target Date June 30, 2022
Location
Description
The Baldwin Park Code Enforcement Program is administered from City Hall offices located at 14403 Pacific Avenue, Baldwin Park, CA 91706; however, the program is implemented in the Code Enforcement Improvement Area bound by Ramona B oulevard to the north, the I-10 freeway to the south, Syracuse Avenue and Bess Avenue to the west, and Merced Avenue and Baldwin Park Boul evard to the east. The Improvement Area encompasses the following Census Tracts and Block Groups:
• CT 4047.01 BG 1, 3, 4
• CT 4047.02 BG 1, 2, 3
• CT 4048.01 BG 1,2, 3, 4
• CT 4048.02 BG 1, 2
Planned
Activities
Same as description.
8 Project
Name
Church of the Redeemer Food Bank
Target Area Citywide
Goals
Supported
Public Services for Low- and Moderate-Income Residents
Needs
Addressed
Provide Public Services for Low Income Residents
Funding CDBG: $13,429
Description The Redeemer Food Program has been assisting the needs of low-income individuals and families in the community of Baldwin Park for nearly 30 years providing food baskets on a monthly basis and as needed. The food program serves more than 600 individuals and 500+ households each month. In addition, the team visits the homeless, delivers food to low - income areas, and those without transportation to the facility. In FY 2022-23, the Church of the Redeemer Food Bank will provide food baskets to 4,600 unduplicated persons.
Target Date June 30, 2023
Location
Description
3739 Monterey Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as description.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 39
9 Project
Name
Family Service Center
Target Area Citywide
Goals
Supported
Public Services for Low- and Moderate-Income Residents
Needs
Addressed
Provide Public Services for Low Income Residents
Funding CDBG: $25,667
Description The Family Service Center offers a variety of social service assistance to residents of Baldwin Park. The FCS is centrally located and is easily accessible to all the residents. The services offered at the FSC include, but are not limited to: medical access referrals, food bank referrals, emergency shelter vouchers, emergency food vouchers, employment counseling, homeless prevention referrals, mental health referrals, emergency transportation, case management referrals, tutoring and educational services assistance. Over 200 clients are assisted monthly at the center, many of which face severe economic hurdles. The FSC is committed to assisting those clients in need by identifying local resources and services available to them. In FY 2022- 23, the FSC will assist 600 unduplicated persons.
Target Date June 30, 2023
Location
Description
14305 Morgan Street, Baldwin Park, CA 91706
Planned
Activities
Same as description.
10 Project
Name
BPPD Pride Platoon
Target Area Citywide
Goals
Supported
Public Services for Low- and Moderate-Income Residents
Needs
Addressed
Provide Public Services for Low Income Residents
Funding CDBG: $20,000
Description The PRIDE Program is specifically designed to deal with at-risk youth. It utilizes proactive and innovative techniques for positive redirection. Overseen by Baldwin Park police personnel , the program offers treatment, prevention, and disciplinary components to alter negative behavior. The PRIDE Program is a collaborative effort between law enforcement and community-based organizations, with law enforcement being the facilitator. The objective of the program is to identify problems within the family that have surfaced through juvenile delinquency. Juveniles with antisocial behavior such as truancy, incorrigibility, minor law offenses, etc. may be considered for the program. 40 youth will be assisted through the PRIDE Program in FY 2022-23.
Target Date June 30, 2023
Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as description.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 40
11 Project
Name
Youth Employment Program
Target Area Citywide
Goals
Supported
Public Services for Low- and Moderate-Income Residents
Needs
Addressed
Provide Public Services for Low Income Residents
Funding CDBG: $20,000
Description The Youth Employment Program provides summer job opportunities for low to moderate income youth ages 16 to 21 years old in the Baldwin Park community who need employment experience. Each student will receive approximately 115 -120 hours of work experience. The Program complements the City by acting as a feeder program for regular part-time positions.
The youth play a valuable role and benefit from this learning opportunity while they contribute to the daily operations of the City. In FY 2022-23, the Youth Employment Program anticipates benefitting 20 youth with this employment training program.
Target Date June 30, 2023
Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as description.
12 Project
Name
Graffiti Removal Program
Target Area Low- and Moderate-Income Areas
Goals
Supported
Public Services for Low- and Moderate-Income Residents
Needs
Addressed
Provide Public Services for Low Income Residents
Funding CDBG: $28,970
Description The Graffiti Removal Program will provide graffiti abatement services at public facilities in the city of Baldwin Park including at the City Civic Center, ARC Center, Morgan Park, Shyre Park, Hilda Solis Park (Teen Center/Skate Park), Barnes Pa rk, and Walnut Creek Nature Park.
Additionally, the Graffiti Removal Program will provide abatement services in low - and moderate-income areas alongside code enforcement activities. In FY 2022-23, approximately 250,000 square feet of graffiti from public and personal property (buildings, fences, etc.) will be removed.
Target Date June 30, 2022
Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as description.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 41
13 Project
Name
Domestic Violence Advocate
Target Area Citywide
Goals
Supported
Special Needs Services
Needs
Addressed
Public Services for Residents with Special Needs
Funding CDBG: $23,334
Description A Domestic Violence (DV) and Victim Advocate work hand in hand with Domestic Violence/Sexual Crimes detectives to provide emergency assistance to victims, guiding them as their cases go through the criminal justice system. The DV Advocate is a coordinator for police, health, social and shelter services available. The DV Ad vocate conducts on -going community outreach and education, providing services and training to police officers, detectives, schools, and other community groups. The DV Advocate receives a copy of every DV report and makes contact with each victim to provide counseling; support; court appointed group classes; accompany the victim to court; assistance with restraining orders; referral services to Project Sister, Choices, House of Ruth, Spirit Family Service Center, Baldwin Park Adult School, Department of Chil dren and Family Services, and Department of Adult Services; and coordinates with the District Attorneys’ Victim Advocate. The funds requested will allow the Advocate to be staffed for 20 hours/week and will assist 250 persons in FY 2022-
23. Target Date June 30, 2023
Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as Description.
14 Project
Name
East San Gabriel Valley Coalition for the Homeless
Target Area Citywide
Goals
Supported
Homeless Prevention
Needs
Addressed
Prevent and Eliminate Homelessness
Funding CDBG: $10,000
Description The E SGV Coalition for the Homeless (ESGVCH) Program has three components: 1) The Emergency Assistance Center (EAC); 2) The Bridge Program, now operated in motels and maintains the goal of placing people into permanent housing , and 3) the Winter Shelter Program (WSP). The EAC is located in Hacienda Heights, is open Monday -Friday, and provides hot meals, lunches to go, showers, hygiene kits, clothing, transportation services, emergency shelter (motel vouchers for families), and referral services for those in need. The funds of this grant application are requested to support the services and staff of the EAC. In FY 2022-23, the ESGVCH will provide 300 persons with homeless services.
Target Date June 30, 2023
Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
East San Gabriel Valley Coalition for the Homeless
FY
2022/23 Annual Action Plan
OMB
Control
No:
2506
-
0117
(exp.
06/30/2018)
BALDWIN
PARK
42 15 Project
Name
ADA Curb Ramps
P
roject
Target Area
Citywide
Goals
Supported
Community Facility,
Infrastructure, and Section 108 Debt Service
Needs
Addressed
Special Needs Non
-
Homeless, Facility/Infrastructure Improvements
Funding
CDBG: $
160,000
Description
The work to be performed or executed consists of and includes the construction of new access ramps, enhancements such as implementation of truncated domes or redesign of outdated access ramps to current ADA standards. Work performed under this project will
provide
improvements to existing paths of travel for residents of the City of Baldwin Park. A strong emphasis has been placed on locations near schools, hospitals, churches and convalescent homes to implement ADA compliant access ramps at locations in dir e need of ramps or
enhancements to current ADA standards. Overall safety was emphasized in the development of this project to ensure the longevity of the enhancements which will continue to provide an improved quality of life to existing residents.
Approxi
mately 4,
614
persons will benefit from
this project in FY 2022
-
23. Target Date
June 30, 202
3 Location
Description
Census Tracts: 404901; 404902; 404903; 404701; 404801; 404802; 405201; 405202; 405101; and 405001
Planned
Activities
Same as
Description.
16 Project
Name
HOME
Program Administration
Target Area
Citywide
Goals
Supported
Other
–
Administration
Needs
Addressed
Other
–
Administration
Funding
HOME: $31,163
Description
The City may use up to 10 percent of the HOME
allocation for the overall administration of
the HOME Program. The City will use HOME funds to ensure the overall development, management, coordination (including coordination with Community Housing Development Organizations) and monitoring of all HOME
-
fun
ded projects/programs to ensure compliance
with federal regulations of the HOME program.
Target Date
June 30, 202
3 Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as description.
FY
2022/23 Annual Action Plan
OMB
Control
No:
2506
-
0117
(exp.
06/30/2018)
BALDWIN
PARK
43 17 Project
Name
CDBG Program Administration
Target Area
Citywide
Goals
Supported
Other
–
Administration
Needs
Addressed
Other
–
Administration
Funding
CDBG: $
186,034
Description
The City will conduct the following administration/planning activities: (1) General
Administration of the overall CDBG Program, including preparation of budget, applications, certifications, agreements and CDBG Service Area Resolution, (2) Coordination of all CDBG -
funded capital improvement projects, (3) Coordination of the Public
Service Subrecipients, (4)
Monitoring of all CDBG projects/programs to ensure compliance with federal regulations, (5) Preparation of the Annual Action Plan, and (6) Preparation of the Consolidated Annual Performance and Evaluation Report (CAPER).
Targe
t Date
June 30, 2022
Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as Description.
18 Project
Name
Unallocated HOME Funds
Target Area
Not Applicable.
Goals
Supported
Not Applicable.
Needs
Addressed
Not Applicable.
Funding
HOME: $
1,636,022
Description
The City may use unallocated HOME funds on an affordable housing project with a local Community Housing Development Organization (CHDO). The City will extend gap financing to
acquire and support construction or rehabilitation of affordable transitional or permanent rental housing. A project site is yet to be determined.
Target Date
June 30, 202
3 Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as Description.
FY
2022/23 Annual Action Plan
OMB
Control
No:
2506
-
0117
(exp.
06/30/2018)
BALDWIN
PARK
44 19 Project
Name
Unallocated CDBG Funds
Target Area
Not Applicable.
Goals
Supported
Not Applicable.
Needs
Addressed
Not Applicable.
Funding
CDBG: $
396,446
Description
Unallocated CDBG funds are
available for programming or eligible activities in FY 2022 -
23. Target Date
June 30, 202
3 Location
Description
14403 Pacific Avenue, Baldwin Park, CA 91706
Planned
Activities
Same as Description.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 45
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed For projects that address Neighborhood Services and Community Facilities and Infrastructure goals, assistance is primarily directed to the low - and moderate-income areas of the City. The low- and moderate-income Census Tract map will be used by the City when making funding determinations using CDBG and HOME funds in order to address the areas with the highest priority needs. However, in FY 2022 -23, the ADA Curb Ramps Project will be undertaken at locations throughout the City that benefit persons with disabilities. Therefore, in this instance, the infrastructure project will meet a low-mod clientele national objective (LMC).
Further, code enforcement activities will be undertaken in the Code Enforcement Improvement Area to provide concentrated and coordinated efforts to improve overall housing, infrastructure, park, and facility conditions. The area is 100% low- to moderate-income and was selected based on the observance and experience with violations of the Baldwin Park Municipal Code and the Property Standards Ordinanc e. The effort to identify deteriorated geographical areas was undertaken to meet the U.S. Department of Housing and Urban Development (HUD) guidelines in order to utilize Community Development Block Grant (CDBG) funding for special code enforcement and pr eservation activities in deteriorating areas. From this effort, staff identified a geographical area that met the criteria for a deteriorating area, as well as meeting the CDBG national objective of serving low - and modera te-income households. The area is bound by Ramona Boulevard to the north, the I-10 freeway to the south, Syracuse Avenue and Bess Avenue to the west, and Merced Avenue and Baldwin Park Boulevard to the east. Located in the following census tracts, the Code Enforcement Improvement Area is comprised of 22,825 persons, 16,280, or 71.33%, of which are of low – moderate income.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 46
Neighborhood Pride Target Area
Total Population v. Low and Moderate-Income Population
2017 HUD Low Mod Income Summary Data
Census Tract Total Persons Total LMI Persons Percentage 4047.01 BG 1 2,735 2,080 76.05%
4047.01 BG 3 530 390 73.58%
4047.01 BG 4 985 615 62.44%
4047.02 BG 1 3,380 2,385 70.56%
4047.02 BG 2 2,220 1,695 76.35%
4047.02 BG 3 650 405 62.31%
4048.01 BG 1 1,970 1,350 68.53%
4048.01 BG 2 1,785 1,290 72.27%
4048.01 BG 3 1,840 1,395 75.82%
4048.01 BG 4 2,115 1,385 65.48%
4048.02 BG 1 2,265 1,820 80.35%
4048.02 BG 2 2,350 1,470 62.55%
TOTAL 22,825 16,280 71.33%
Geographic Distribution
Target Area Percentage of Funds
Citywide 96%
Low- and Moderate-Income Areas 1%
Code Enforcement Improvement Area 3%
Table 9- Geographic Distribution
Rationale for the priorities for allocating investments geographically All CDBG-funded public service programs and HOME -funded affordable housing projects will be available to eligible persons citywide. The City will also allocate CDBG funds to Graffiti Removal intended to alleviate blighted and deteriorating conditions in l ow- and moderate-income areas.
Code Enforcement will be concentrated in the Code Enforcement Improvement Area.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 47
AFFORDABLE HOUSING
AP-55 Affordable Housing – 91.220(g)
Introduction
Two high priority affordable housing needs are identified in the 2020-2024 Consolidated Plan and two Strategic Plan goals are established to provide the framework necessary to invest CDBG and HOME funds to address the affordable housing needs of the City.
Expand the Supply of Affordable Housing
Based on evaluation of 2009 -2015 ACS and CHAS data in Tables 6 -11 of the Consolidated Plan , there is a high need for housing units affordable for households earning less than 80 percent of AMI. Of the 11,390 households earning 0-80 percent of AMI in the City, 7,704 are cost burdened households—meaning households paying more than 30 percent of their income for housing.
Additionally, 3,875 of the cost burdened households are considered severely cost burdened households—meaning that they pay more than 50 percent of their income for housing. Of the 3,875 severely cost burden ed households, 2,310 are renters. Of those severely cost burdened renter households, 2,255 households earn less than 50 percent of AMI and are considered the most at risk of becoming homeless.
The development of additional housing units affordable for low - and moderate -income households is rated as the highest priority need due to the number of severely cost burdened households in Baldwin Park. Additionally, responses to the 2020 -2024 Consolidated Plan Needs Assessment Survey support the development of additional affordable housing units in Baldwin Park.
Preserve the Supply of Affordable Housing
As the City's housing stock ages, a growing percentage of housing units may need rehabilitation to allow them to remain safe and habitable. The s ituation is of particular concern for low - and moderate-income homeowners who are generally not in a financial position to properly maintain their homes.
The age and condition of Baldwin Park’s housing stock is an important indicator of potential rehabilitation needs. Commonly, housing over 30 years of age needs some form of major rehabilitation, such as roof replacement, foundation work and plumbing systems. Housing over 15 years of age will generally exhibit deficiencies in terms of paint, weatherization, heating / air- conditioning systems, hot water heaters and finish plumbing fixtures.
According to CHAS data showing the year that housing units were built categorized by owner and renter tenure:
• 8,350 or 83 percent of the 10,105 owner -occupied housing u nits in Baldwin Park were FY 2022/23 Annual Action Plan
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BALDWIN PARK 48
built after 1950 or approximately 70 years ago
• Of the 10,105 owner-occupied units, 530 units or 5 percent were built since 2000 • 6,690 or 88 percent of the 7,565 renter-occupied housing units in Baldwin Park were built after 1950 or approximately 70 years ago
• 490 or 6.5 percent of the 7,565 renter-occupied housing units in Baldwin Park were built since 2000
The development of additional housing units affordable for low - and moderate -income households is rated as the highest priorit y need due to the number of severely cost burdened households in Baldwin Park. Additionally, responses to the 2020 -2024 Consolidated Plan Needs Assessment Survey support the development of additional affordable housing units in Baldwin Park.
One Year Goals for the Number of Households to be Supported Homeless
Non-Homeless 5
Special-Needs 3
Total 8
Table 10 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance
The Production of New Units 6
Rehab of Existing Units 2
Acquisition of Existing Units
Total 8
Table 11- One Year Goals for Affordable Housing by Support Type Discussion
The City has three affordable housing projects it is currently considering for 2022-23. First, the City has $285,000 in HOME funds to invest with the local Community Housing Development Organization (CHDO), the San Gabriel Valley Habitat for Humanity, to develop homeownership opportunities in Baldwin Park. On October 6, 2021, the Baldwin Park City Council approved an Affordable Homeownership Expansion Agreement with the San Gabriel Valley Habitat for Humanity to explore new home construction, acquisition an d rehabilitation of existing homes, and/or substantial rehabilitation/critical home repairs for existing homeowners. The agreement identified four funding sources up to $3,584,659 to develop homeownership housing including:
• Up to $2 million in American Rescue Plan (ARP) funds. • Up to $575,000 in Low/Mod funds.
• Up to $725,000 in Future Development Funds.
• Up to $285,659 in HOME Investment Partnership Act Funds.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 49
Then on February 16, 2022, the City Council approved an acquisition and rehab agreement in form only and authorized the City’s Chief Executive Officer and the City Attorney to carry out all future actions pertaining to a homeownership project. While a site is yet to be determined, the City hopes to commit the $285,000 in HOME funding to such a project in FY 2022-23.
Next, Cesar Chavez Foundation has requested $500,000 from the City of Baldwin Park to assist in the development of 57 units at 4109 and 4113 Downing Avenue and 14617, 14625, and 14637 Ramona Boulevard, Baldwin Park. The project will consist of 25 one -bedroom units, 15 two - bedroom units, and 17 three -bedroom units on the one -acre site. The project will be leverage with 4% Low Income Housing Tax Credits (LIHTC). With a HOME investment of $500,000, the City anticipates that three units could be designated as HOME-restricted.
Finally, Retirement Housing Foundation (RHF) has also requested $500,000 in HOME funding from the City to help develop a site on the corner of Downing Avenue and Central Street. "Central Metro Place" will consist of 55 age restricted units (with one manager’s unit), onsite parking, an abundance of amenities and gardens all tailored towards seniors and the aging population. The City anticipates at least three HOME units with a subsidy of $500,000.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 50
AP-60 Public Housing – 91.220(h)
Introduction
The Baldwin Park Housing Authority (BPHA) was created and authorized under the State of California Housing Authority Law to develop and operate housing and housing programs for low- income families. The BPHA receives its funding from the Department of Housing and Urban Development (HUD) for the administration of the Section 8 tenant -based Housing Choice Voucher (HCV) assistance program for the cities of Baldwin Park, West Covina, El Monte, South El Monte, and Monrovia in t he County of Los Angeles. The data presented below is for Baldwin Park.
Actions planned during the next year to address the needs to public housing BPHA will continue to serve the needs of residents through public housing and Section 8 vouchers. The BPHA will maintain a leasing rate of 98% to 100% and will continue to provide as many households as possible with improved living conditions and ease cost burdens associated with housing. The BPHA will also c reate more flexible and portable housing opportunities by converting the Baldwin Park Housing Authority’s public housing units to tenant -based voucher assistance. Finally, the BPHA will continue to provide forms and documents via its web portal to owners and tenants to increase the accessibility of information and streamline procedures with the goal of helping tenants and owners to comply with Section 8 rules and increase the availability of housing units.
Actions to encourage public housing residents to become more involved in management and participate in homeownership
BPHA actively encourages residents to be involved in the organization through resident councils and active participation in housing au thority decisions via surveys and other forms of engagements. BPHA implemented the use of social media to improve and maximize the outreach to owners and tenants and increase the accessibility of information. Residents also maintain a resident advisory board.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
BPHA is designated as a High Performing Public Housing Agency.
Discussion
BPHA is well-positioned to maintain and expand the supply of affordable housing units in the City of Baldwin Park and throughout Los Angeles County. Partnerships with the State of California, Los Angeles County Development Authority, the City of Baldwin Park and other housing partners FY 2022/23 Annual Action Plan
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BALDWIN PARK 51
make this possible.
BPHA administers Section 8 to provide rental assistance to low -income families, senior citizens, and disabled individuals. In 2019, 559 Section 8 Housing Choice Vouchers were held by Baldwin Park.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 52
AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Preventing and ending homelessness is a HUD priority addressed nationally through coordination of regional strategies carried out locally by government agencies and a wide variety of community-based organizations and faith-based groups. Consistent with this approach, the City of Baldwin Park supports the efforts of the Los Angeles Homeless Service Authority (LAHSA), County Continuum of Care (CoC), and its member organizations that address homelessness throughout Los Angeles County. In alignment with this st rategy, the City will use CDBG funds to support local service providers as well as City run programs to prevent homelessness and to expand the supply of affordable housing in Baldwin Park for low - and moderate -income residents.
The City will invest CDBG funds during the 2022-23 program year to address high priority needs identified in the 2020-2024 Consolidated Plan including preventing homelessness and providing public services to special needs populations.
Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The CoC and its partner agencies will continue to provide a continuum of programs ranging from outreach, access centers, emergency shelters, safe havens, transitional and permanent housing, and prevention. More specifically, LAHSA, the County’s CoC, will continue efforts in 2022-23 to add emergency and transitional shelter housing units through expedited construction or rehabilitation of facilities to accommodate homeless persons. These efforts were supplemented by the Point-In-Time (PIT) Count that occurred within Los Angeles County from February 22, 2022 through February 24, 2022. The 2021 PIT Count was cancelled due to pandemic-related concerns and resumed in 2022. The results of the count are due later in 2022 and will help guide decision- making processes for aiding the homeless community.
The City of Baldwin Park, through coordination with the CoC and a network of homeless service providers, supports this continuum of services to address homelessness including, but not limited to, homelessness prevention programs, emergency shelter programs, and transitional housing.
The City will continue to work with the East San Gabriel Valley Coalition for the Homeless , a nonprofit organization, to support temporary shelter, winter shelter, and referral services for the homeless community. The partnership will focus on providing critical and immediate intervention for unsheltered persons, to include assessment, intake, referral, and transportation to resources. The City will continue to use its CDBG public service funds to support local service providers that connect the most vulnerable individuals and families, chronically homeless, and people at risk of becoming homele ss to appropriate resources.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 53
Specifically, as identified in the City’s 2020-2024 Consolidated Plan, the City of Baldwin Park will continue to provide CDBG public service funds to the following organizations:
• East San Gabriel Valley Coalition for the Homeless
• Domestic Violence Advocate
• Church of the Redeemer Food Bank
• Oath for County Foundation
Support for these organizations will strive to reduce the effects or eliminate homelessness within the City and to provide public services for residents with special needs.
Addressing the emergency shelter and transitional housing needs of homeless persons In October 2018, the Baldwin Park City Council approved Resolution No. 2018-298 that declared a shelter crisis pursuant to SB 850 to the Los Angeles County Continuum of Care (CoC). The City Council also authorized staff to collaborate with the Tri-City Cohort Partnership with the Cities of El Monte and South El Monte to implement homeless plans. The Cohort Partnership also submitted a grant application in accordance with the Los Angeles County Homeless Initiative and the Home for Good guidelines. Per the 2021 -2029 Housing Element, Baldwin Park will further implement recommendations from the Tri-City Cohort Homelessness Plan that began in 2021.
The Housing Element also identified Program H4-7 that focuses on allowing the establishment of transitional and supportive housing . To that end, o n November 20, 2021, the City opened Esperanza Villa which is a 25 -unit Tiny Home Village for bridge housing and supportive services.
The Cohort Partnership also collaborated with Union Station Homeless Services to launch a local homeless prevention/diversion program supplemented with engagement with property owners and landlords to increase interim and permanent housing opportunities.
The City also supports local nonprofit agencies that provide emergency rental assistance and transitional housing needs for homeless or those at risk of becoming homeless. To address the emergency shelter and transitional housing needs of homeless persons, the City supp orts the East San Gabriel Valley Coalition for the Homeless that provides transitional housing, emergency assistance and winter shelter assistance to homeless families or families at risk of homelessness.
Each year, the East San Gabriel Valley Coalition fo r the Homeless serves approximately 100 unduplicated people.
Additionally, the City supports Domestic Violence Advocate and the YWCA of San Gabriel Valley, two organizations that provide emergency shelter and support services to victims of domestic violence. These programs provide a number of services to include but not limited to supportive services for survivors and perpetrators of domestic violence, batterer’s program, and anger management, and assistance in guiding victims through the criminal justice system.
The City is also set to receive a special allocation of HOME funding as part of the $1.9 trillion FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 54
coronavirus relief legislation, the American Rescue Plan Act of 2021, which is slated to provide funding for emergency rental relief, development o f affordable rental housing for homeless or those at risk of homelessness, and homeowner foreclosure prevention. Baldwin Park is slated to receive $1,128,365 in HOME -ARP funds that may be used for the development of affordable housing and supportive services for homeless persons and those at risk of homelessness. Baldwin Park is considering using the HOME -ARP allocation to develop a site located at 13167 Garvey Street that was purchased by the City in September 2021 to house homeless persons in tiny homes.
Lastly, the City of Baldwin Park supports the efforts of the LA CoC and its member organizations that address homelessness. These efforts will grow as HUD awarded over $155 million in March 2022 to the LA CoC for FY 2021 renewal and new projects related to homeless mitigation efforts.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and indepe ndent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
To address the needs of homeless families, families with children, veterans and their families, the City supports the East San Gabriel Valley Coalition for the Homeless, which provides transitional housing, counseling a nd case management to families at risk of homelessness. Each year, the East San Gabriel Valley Coalition for the Homeless serves hundreds of unduplicated people through its transitional housing program. When paired with financial counseling, career coaching and other available case management services, the agency makes certain that families are ready to succeed in their transition to permanent housing.
Furthermore, the City Council adopted Resolution No. 2022 -006 on February 16, 2022 which approved an agreement between the City of Baldwin Park and the San Gabriel Valley Reg ional Housing Trust to provide homeless housing and related services to homeless families on city - owned property. The site will provide a minimum of 50 beds for homeless families for a two-year period under the Agreement. The site will provide case management services, meals, and continuous security, in addition to necessary personal sanitation facilities.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
The Los Angeles County CoC’s countywide protocols and procedures prevent people from being discharged from public and private institutions of care into homelessness. The protocols and FY 2022/23 Annual Action Plan
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BALDWIN PARK 55
procedures will help decrease the number of persons being discharged int o homelessness by at least 10 percent annually. Furthermore, the CoC coordinates with state and local agencies, and privately funded institutions of care to develop improved programs to assist at-risk persons with emergency financial assistance. Examples i nclude short -term utility, rent, childcare, and basic needs payment assistance. Furthermore, the CoC supports pre -release planning for persons leaving state prisons and state mental health hospitals to prevent the release of persons to homelessness. Lastly, efforts are underway to improve resources to help youth aging out of foster care to transition to independence and to prevent them from falling into homelessness. Baldwin Park strives to prevent homelessness in populations vulnerable or at risk of homele ssness through the use of CDBG and HOME funds that offer housing vouchers, food programs, legal advocacy, and counseling services.
As part of these efforts, the City approved an agreement on February 16, 2022, with the San Gabriel Valley Habitat for Humanity, Inc. to implement an Acquisition and Rehabilitation Housing Program using HOME Investment Partnership Act Program Funds to create homeownership opportunities. Habitat for Humanity will bring purchase transactions before the City Council for approval to include such units in the program.
Lastly, with limited CDBG and HOME resources available, the City is investing CDBG public service funds in public service activities such as the East San Gabriel Valley Coalition for the Homeless to prevent homelessness in Baldwin Park.
FY 2022/23 Annual Action Plan
OMB Control No: 2506-0117 (exp. 06/30/2018)
BALDWIN PARK 56
AP-75 Barriers to affordable housing – 91.220(j)
Introduction
A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing. Barriers can include land use controls, property taxes, state prevailing wage requirements, environment al protection, cost of land and availability of monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful.
The primary barriers to affordable housing in Baldwin Park are housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing exce eds the supply and insufficient resources are available to increase the supply of affordable housing to meet demand.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as la nd use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
On October 29, 2021, the City submitted its 2021 -2029 Housing Element to the California Department of Housing and Community Development (HCD) for review . During the Housing Element update process, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken all appropriate and necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City is actively engaged with affordable housing developers concerning the siting of additional future affordable housing and ensuring that the entitlement process runs smoothly from inceptio n to completion. The Housing Element addresses the City’s provisions for affordable housing, emergency shelters, transitional housing, and supportive housing. The following policies in the City's 2021 -2029 Housing Element specifically address the variety of regulatory and financial tools to be used by the City to remove any potential barriers and facilitate the provision of affordable housing:
Policy H2.1. Facilitate housing development of housing affordable to lower -income households by providing technical assistance, regulatory incentives and concessions, and financial resources, as funding permits . Explore options to ensure additional affordable housing production, such as an inclusionary housing ordinance.
Policy H2.2. Encourage and provide incentives for both the private and public sectors to produce or assist in the production of affordable housing, with an emphasis on housing FY 2022/23 Annual Action Plan
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affordable to persons with disabilities, seniors, large families, female-headed households with children, and people experiencing homelessness.
Policy H2. 3. Establish partnerships with private developers and non -profit housing corporations to assist Baldwin Park in meeting its housing goals.
Policy H2. 5. Build open existing efforts to convert suitable hotels and motels to permanent affordable housing, continue to pursue opportunities to acquire suitable hotels and motels.
Policy H 3.1. Provide for a range of residential development types in Baldwin Park, including low density single -family homes, small lot single -family subdivisions, medium- density townhomes, and higher density apartments and condominiums.
Policy H4.1. Periodically review City regulations, ordinances, departmental processing procedures, and residential fees related to rehabilitation and/or construction to assess their impact on housing costs, and revise as appropriate.
Policy H4.2. Utilize density bon uses, fee reductions, and other regulatory incentives, as available and appropriate, to minimize the effect of governmental constraints.
Policy H4.3. Continue to identify and promote processes and procedures that streamline residential development.
Policy H4.4. Monitor State and federal housing-related legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints.
Policy H4.5. Facilitate coordination between lending institutions, the real est ate and development community, and the City to better understand and address non - governmental constraints and facilitate production of affordable housing.
Policy H4.6. Eliminate zoning and other regulatory barriers to the placement and operation of housing facilities for the homeless and special needs populations in appropriate locations throughout the City.
In addition, the City identified the following programs with in the Housing Element to support affordable housing within its boundaries:
Program H1-2. Preservation of At-Risk Rental Housing
Summary: Affordability covenants at Frazier Park, Syracuse Park, and Clark Terrace are set to expire in the next 10 years. The City will maintain an inventory of affordable housing FY 2022/23 Annual Action Plan
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units in the city to ensure compliance with deed restrictions. Additionally, the City will monitor housing projects to ensure long -term affordability and will work with property owners/managers to discuss preservation options. In the event that units convert to market rents, residents will be informed of other affordable housing programs available in the City.
Program H2-2. Affordable Housing Partners, Funding, and Resources Summary: The City will assist local nonprofit agencies in acquiring funding to facilitate the development of affordable housing . The City and the Housing Authority will engage in partnerships between developers and banks to meet their obligations for housing opportunities. The City will continue these efforts while coordinating with LACDA, other Los Angeles County agencies, state agencies, and federal agencies to leverage funding resources, educate the community, and enhance development opportunities.
Program H2-3. Section 8 Housing Choice Voucher Program
Summary: The City will support additional Housing Choice Vouchers in the community and encourage rental property owners to rent to Voucher holders and register their units with the Baldwin Park Housing Authority. The City will continue to monitor Voucher program participation and provide information on the program, including any new legal requirements.
Program H3-1. Adequate Sites
Summary: The City will continue to provide appropriate land use designations and maintain an inventory of suitable sites for residential development , while continuing to track progress toward meeting the City’s Regional Housing Needs Assessment by i ncome level.
Program H3-3. Accessory Dwelling Units (ADUs)
Summary: The City will promote the development of accessory dwelling units (ADUs) as a means of providing additional housing through adoption of an updated ADU Ordinance and revise the Ordinance as new legislation passes. The ADU permitting process will be monitored through the Housing Element Annual Progress Report with additional incentives or other strategies to ensure adequate sites.
Program H3-5. Replacement of Units on Sites
Summary: Require the replacement of units affordable to the same or lower income level as a condition of any development on a nonvacant site that had residential uses within the past five years.
Program H3-6. AB 1397 Reuse of Sites
Summary: The City will a housing overlay that allows residential use by right for housing developments in which at least 20% of the units are affordable to lower -income FY 2022/23 Annual Action Plan
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households and allows development at 30 units per acre, regardless of lot size.
Program H3-8. Hotel/Motel Conversions
Summary: The City will continue to pursue opportunities to acquire suitable hotels and motels to convert into permanent affordable housing.
Program H4-2. Lot Consolidation
Summary: The City will provide technical assistance for interested developers to consolidate lots which would allow for larger development sites . The City will target advertising of lot consolidation incentives and potential sites opportunities to existing property owners, and prospective mixed-used and affordable housing developers.
Program H4-4. Zoning Code Update
Summary: The City plans to conduct a comprehensive Zoning Code update to provide flexibility in development standards such as open space, parking, setbacks, and height limits through the Administrative Adjustment and Specific Plan processes. Additional updates to the Zoning Code seek to combine the Planned Development Overlay Zone and Small Lot Single Family Development Options; add reference to the California Housing Accountability Act Requirements; and adopt objective design standards.
Program H4-5. Density Bonus and Development Incentives
Summary: Revise the City’s Density Bonus Ordinance to comply with State Law and update as necessary while also exempt affordable housing projects from certain development fees. Additionally, the City will provide, when possible, developer incentives such as expedited permit processing for affordable units.
Program H4-6. Expedite Project Review and Permitting Procedures Summary: The City will provide timely review of discretionary and non -discretionary residential development requests, periodically evaluate land dev elopment processing procedures, fast track permit processing for affordable projects, and inform the public of the new processes.
Program H4-7. Supportive and Transitional Housing
Summary: The City will update the Development Code to comply with AB 2162 (Supportive Housing Streamlining Act) and AB 101 (Low-Barrier Navigation Centers). Furthermore, the City will continue to allow the establishment of transitional and supportive housing that function as residential uses while also prioritizing projects that include special needs housing or housing for extremely/very low -income households in the development application review process.
Program H4-8. Nongovernmental Constraints
Summary: The City will review, and if necessary, revise, any development regulations or FY 2022/23 Annual Action Plan
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processes that can potentially lessen nongovernmental constraints.
To address housing affordability and the lack of monetary resources for affordable housing, the Strategic Plan calls for the investment of HOME funds for the development of 10 new affordable rental housing units during the five -year period of the Consolidated Plan and the rehabilitation and preservation of 20 existing affordable housing units over the next five years. Th e City will continue to leverage its CDBG and HOME funds to attract private and other available public resources to facilitate affordable housing development. This strategy will increase the supply of affordable housing and preserve existing affordable housing in the City.
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AP-85 Other Actions – 91.220(k)
Introduction
In the implementation of the 2022-23 Annual Action Plan, the City will continue to invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead -based paint hazards, reduce the number of poverty -level families, develop institutional structure , and enhance coordination between public and private housing and social service agencies.
Actions planned to address obstacles to meeting underserved needs The City of Baldwin Park has also identified long-range strategies, activities, and funding sources to implement the goals in the areas of housing and community development services for the benefit of the residents.
• The City will continue to seek other resources and funding sources to address the biggest obstacle to meeting the community's underserved needs, which is the lack of funding and/or inadequate funding.
• The City will look for innovative and creative ways to make its delivery systems more comprehensive and will continue existing partnerships with both for -profit and not-for- profit organizations.
• The City has structured its use of HOME and CDBG funds to concentrate on affordable rental housing and rental rehabilitation programs.
• The City is currently addressing certain housing needs with federal funds such as availability, condition, and fair housing practices to prevent homelessness. • The City is also addressing community development needs with federal funds such as infrastructure, improving public facilities and code enforcement.
Actions planned to foster and maintain affordable housing In the implementation of the 202 2-23 Annual Action Plan, the City plans to invest HOME funds to expand the supply of affordable homeownership and rental housing and will use CDBG and HOME funds to preserve and maintain existing affordable housing through the City of Baldwin Park Home Improvement Grant and Loan Programs.
First, the City has authority to invest up to $285,000 on an acquisition/rehabilitation of homeownership housing project in partnership with the San Gabriel Valley Habitat for Humanity.
While a site has not been selected yet, the City Council has already authori zed agreements in form only to expedite a project when the opportunity presents itself.
The City will also be allocating $500,000 in HOME to both the Cesar Chavez Foundation and the Retirement Housing Foundation for development of affordable rental housi ng in Baldwin Park.
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With this level of HOME investment, at least three units at each project will be restricted at HOME-rents during the affordability period of at least 20 years.
Finally , partnerships with the Tri-City Cohort Partnership and San Gabrie l Valley Habitat for Humanity will seek to develop affordable housing, including the development of 12 units of affordable homes at 12779 Torch Street.
Actions planned to reduce lead-based paint hazards
As a means of better protecting children and families against lead poisoning, in 1999 HUD instituted revised lead-based paint regulations focused around the following five activities:
• Notification
• Lead Hazard Evaluation
• Lead Hazard Reduction
• Ongoing Maintenance
• Response to Children with Environmental Intervention Blood Lead Level The City has implemented HUD Lead Based Paint Regulations (Title X), which requires federally funded rehabilitation projects to address lead hazards. Lead-based paint abatement is part of the City's Home Improvement Grant and Loan Program and the Acquisition/Rehabilitation/New Construction of Affordable Rental Housing Program. Units within rental housing projects selected for rehabilitation are tested if not statutorily exempt. Elimination or encapsulation remedies are implemented if lead is detected, and is paid for through CDBG or HOME funds, as appropriate.
To reduce lead -based paint hazards in existing housing, all housing rehabilitation projects supported with federal funds are tested for lead and asbestos. When a l ead-based paint hazard is present, the City or the City’s sub -grantee contracts with a lead consultant for abatement or implementation of interim controls, based on the findings of the report. Tenants are notified of the results of the test and the clearan ce report. In Section 8 programs, staff annually inspects units on the existing program and new units as they become available. In all cases, defective paint surfaces must be repaired. In situations where a unit is occupied by a household with children under the age of six, corrective actions will include testing and abatement if necessary, or abatement without testing.
Actions planned to reduce the number of poverty-level families The 2020 US Census revealed that approximately 13% of residents within Baldwin Park fall below the poverty line. The implementation of CDBG and HOME activities meeting the goals established in the 2020-2024 Consolidated Plan and this Annual Action Plan will help to reduce th e number of poverty-level families by:
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• Supporting activities that expand the supply of housing that is affordable to low - and moderate-income households.
• Supporting activities that preserve the supply of decent housing that is affordable to low- and moderate-income households.
• Supporting a continuum of housing and public service programs to prevent and eliminate homelessness.
• Supporting housing preservation programs that assure low-income households have a safe, decent, and appropriate place to live.
• Supporting public services for low - and moderate-income residents including those with special needs and those at -risk of homelessness offered by nonprofit organizations receiving CDBG funds.
• Promoting economic opportunity for low - and moderate -income residents who own microenterprise businesses (five or fewer employees) or who are starting a new microenterprise business.
In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start provide pathways out of poverty for families who are ready to pursue employment and educational opportunities. Additionally, in California, the primary programs that assist families in poverty are CalWORKs, Cal Fresh (formerly food stamps) and Medi-Cal. Together, these programs provide in dividuals and families with employment assistance, subsidy for food, medical care, childcare, and cash payments to meet basic needs such as housing, nutrition, and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence, and mental illness.
Finally, the City will fully comply with Section 3 of the Housing and Community Development Act, which helps foster local economic development and individual self -sufficiency. This set of regulations require that to the greatest extent feasible, the City will provide job training, employment, and contracting opportunities for low or very low -income residents in connection with housing and public construction projects.
Actions planned to develop institutional structure
The institutional delivery system in Baldwin Park is high -functioning and collaborative — particularly the relationship between local government and the nonprofit sector comprised of a network of capable community-based organizations that are delivering a full range of services to residents. Affordable housing development and preservation activities will be carried out by the Housing Division of the Community Development Department in partnership with housing developers and contractors. Public service activities will be carried out by nonprofit organizations and City Departments to achieve the Consolidated Plan Strategic Plan goals. The Housing Division and the Public Works Department will work together with contractors to implement public FY 2022/23 Annual Action Plan
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facility improvement projects.
As a key component, the City is developing and expanding institutional structure to meet underserved needs by funding a wide variety of services targeted to youth, seniors, special needs populations, and individuals or families at risk of homelessness with CDBG public service grants.
Actions planned to enhance coordination between public and private housing and social service agencies
To enhance coordination between public and private housing and social service agencies, the City will conti nue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low - and moderate- income residents in Baldwin Park. Participation in the Tri-City Cohort Partnership will aid in these actions to better leverage resources and service agencies with combined funding from Baldwin Park, El Monte, and South El Monte.
Discussion
In the implementation of the 2022-2023 Annual Action Plan, the City will invest CDBG and HOME resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty-level families, develop institutional structure and enhance coordination between public and private housing and social service agencies.
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PROGRAM SPECIFIC REQUIREMENTS
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
The City of Baldwin Park participates in HUD's CDBG Program that is used for creating decent affordable housing, suitable living environments, and economic opportunities. The new program year (2022-23) will begin on July 1, 2022. The FY 2022-23 CDBG allocation is currently estimated at $942,671.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed
The City’s program income for
FY 2022-23 has been
programmed.
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan The City does not participate
in a Section 108 Loan
Guarantee Program.
3. The amount of surplus funds from urban renewal settlements The City does not receive any urban renewal settlement
funds.
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan.
At this time, there have been
no additional grant funds
returned to the line of credit
for new activities or programs.
5. The amount of income from float-funded activities The City’s CDBG Program does not receive income from float-
funded activities.
Total Program Income Total Program Income
anticipated in FY 2022-23 is
$0.
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low to moderate income.
100%
The City’s CDBG Program will not have activities to fund in FY 2022-23 under Urgent Needs.
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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
The City of Baldwin Park participates in HUD’s HOME Program that can be used to promote affordable housing in the City through activities such as homeowner rehabilitation and housing development. The 2022-23 Program Year will commence on July 1, 2022. The FY 2022-23 HOME allocation is estimated to be $311,628.
1. A description of other forms of investment being used beyond those identified in Section
92.205 is as follows:
The City will not use any other forms of investment beyond those identified in Section 92.205.
The Residential Rehabilitation Program offers one percent interest deferred loans for the rehabilitation of owner-occupied single-family. The loans are due and payable after 30 years.
Maximum loan amount is $45,000 and the af ter-rehab value of the house must be less than 95% of the area’s median purchase price. The loan does not include any provision for refinancing existing debt.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
In the past, the City of Baldwin Park offered a Housing Assistance program to low -income first-time homebuyers, entitled, the “Silent Second Program .” The Silent Second or "gap financing" program assisted homebuyers to purchase a home by filling in the affordability gap. The gap is defined as a difference between the purchase price of the home and the first mortgage plus a 1.5% down payment. Baldwin Park's program offered a maximum second mortgage loan of $70,000.
The City uses recapture. All City loans are due and payable upon sal e or transfer of the property; if the unit is no longer occupied by the homebuyer; if the homebuyer cashes out; or there becomes a maintenance problem with the property.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
See above.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City does not propose to provide refinancing with HOME funds as described under 24 CFR 92.206(b). However, when lending HOME funds for single-family dwellings, the City may FY 2022/23 Annual Action Plan
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find it necessary to allow refinancing to permit or continue affordability under §92.252. If so, the City will amend its Consolidated Plan to describe refinancing guidelines that include the following refinancing general guidelines:
a) Demonstrate the rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing.
b) Require review of management prac tices to demonstrate that disinvestment in the property has not occurred, that the long -term needs of the project can be met and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated.
c) State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both.
d) Specify the required period of affordability, whether it is the minimum 15 years or longer.
e) Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area.
f) State that HOME funds cannot be used to refinance multifamily loans made or insures by any Federal program, including CDBG.