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Home My Public Portal AboutM 2016-02-02 - LHALYNWOOD HOUSING AUTHORITY REGULAR MEETING February 2, 2016 The Housing Authority of the City of Lynwood met in a regular meeting in the City Council Chambers, 11330 Bullis Road on the above date at 6:32 p.m. Chair Hernandez presiding. Commissioners Alatorre, Santillan -Bess, Solache, Castro and Chair Hernandez were present. Also present were Executive Director Beltran, Authority Counsel Garcia, Authority Secretary Quinonez, Interim Deputy Secretary Betancur and City Treasurer Camacho. Authority Secretary Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) I0[e7i'l1� NON- AGENDA PUBLIC ORAL COMMUNICATIONS NONE CONSENT CALENDAR City Manager Beltran clarified that item No. 5 regarding the Plaza Mexico was listed as new business and thus shall be taken in conjunction with item No. 22 on the regular City Council agenda. Item #4. MINUTES OF THE PREVIOUS MEETING Regular Meeting — November 24, 2015 MOTION: It was moved by Vice Chair Castro, seconded by Commissioner Santillan- Beas to approve the consent calendar as presented. Motion carried by unanimous vote. ROLL CALL AYES: COMMISSIONERS ALATORRE, SANTILLAN -BEAS, SOLACHE, CASTRO AND CHAIR HERNANDEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE 1 Vice Chair Castro asked if the Council would consider entertaining item No. 5 on the Lynwood Housing Authority Agenda together with item No. 22 on the regular City Council agenda regarding the Plaza Mexico Expansion Project at this time. With unanimous consent, it was so ordered. Mayor Hernandez opened to Oral Communications on item No. 22 of the Regular City Council Agenda City Clerk Quinonez stated that there were several people who had signed up to speak on item No. 22 of the regular City Council agenda. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia spoke about her disagreement with this project and stated that in whose best interest was this project for; commented that there was an issue with the parking issue associated with the activity in this location and commented on the lack of parking enforcement; and that the addition of another 552 units in this area would only compound the parking problem. Further, she stated that staff should be communicating with people living in the surrounding area to find out about the potential quality of life impacts. Maria Viera made comments relative to the Plaza Mexico project and stated that this was something that impacted her personally; asked whether or not the land is free of contaminants; and that such a project should take into account the schools; stated that instead why the Council did not bring in more businesses; spoke about the parking situation as well and the impact on the surrounding community and the influence of Plaza Mexico on the decision - making process. Julian Del Real - Calleros addressed the City Council spoke in support of the project because it will bring more housing units that were needed; that however, with more housing, there will be more cars that need to be parked in the street as well; suggested that a town hall meeting would be appropriate given the magnitude of the project and its potential impacts. Patricia Mendoza spoke in favor of the project stating that changes were good and that developers will come to any community and that as such tax payers also should have a say since they know the community well by having lived in Lynwood for many years; spoke regarding issues of parking associated with a major project and related impacts; spoke on issues of eminent domain as well. 2 NEW /OLD BUSINESS Item #5. APPROVAL TO ENTER INTO AN OWNER PARTICIPATION AGREEMENT FOR THE PLAZA MEXICO EXPANSION PROJECT MOTION: Vice Chair Castro moved to accept staffs recommendation and approve the Owner Participation Agreement, seconded by Commissioner Santillan -Beas. City Manager Beltran introduced the development team to present the staff report. Members of the Consulting team included Luis Valenzuela, Executive Vice President at Emegy Properties, Matt Heller with Gerrety Architects, Gustavo Lamanna, Special Counsel and Royce K. Jones Special Counsel, made a presentation relative to the specifics of the expansion project, which was designed to create a sense of place in an urban environment setting and livability and a sense of place through mixed used community driven projects. There was a substantive discussion with respect to the following: why this project was begun as a Disposition and Development Agreement (DDA) and that the proposal before the Commission was for an Owner Participation Agreement (OPA); the number of units, which was set to be a maximum of 554 and the number of parking stalls to be 880; whether or not the Developer was attempting to circumvent the CEQA process and other related topics such as traffic congestion, parking and quality of life impacts in the surrounding neighborhood. Special Counsel Jones briefed the Commission regarding the change from a Disposition and Development Agreement (DDA) to an Owner Participation Agreement (OPA) stating that there were a number of environmental concerns under the California Environmental Quality Act (CEQA), which needed to be addressed as it pertained to the scope of development that was included in the earlier proposal in the DDA; he explained that in order to not hold the project up in relation to what the Developer could get clearance for and not be subject to CEQA, they availed themselves of a categorical exemption by including a residential component and including other infrastructure improvements. Mr. Jones also explained the difference between a DDA and an OPA stating that the difference was that in a DDA there was property being conveyed by a public entity to a private Developer, which may also include development of property by the Developer; stated that in this case there was no such use or conveyance of any public property from the City, nor the Successor Agency or the Lynwood Housing Authority in terms of a conveyance to a private developer. He stated that the OPA covered development only on property owned by the Developer not property owned by public entities. Special Counsel Lamanna explained the square footage of the property in question as well as the entire footprint subject to the development and the parties which owned such properties. There were several comments from Council Members related to the covenants and financing aspects of the project as well as a host of other related issues including need for additional housing units to appeal to the younger generation of professionals; the need for economic development; need for change; parking concerns impact on the surrounding community; the need for more information before making a decision. Special Counsel Lamanna presented the highlights of the Owner Participation Agreement, which included: 1. Parties include City of Lynwood, Lynwood Housing Authority, Plamex Investments LLC, 3000 E. Imperial LLC, the owner of the potential residential site; 2. Without using any RDA, Successor Agency or City or Lynwood Housing Authority funds, the OPA accomplishes: 552 residential units to be amended to 554; the development of at least 828 parking stalls and potentially up to 1100 parking stalls; and upgrades to pedestrian improvements; 3. Upgrades would be at no cost to the public entity; 4. There was to be a deposit to be provided by the Developers on or before Tuesday, February 9 and should such deposit be expended by the City for its out of pocket costs, the public agency can meet and confer with Developers for a supplement to the deposit; 5. There was a State law allowing for the CEQA Exemption for the residential component and the OPA falls within that exemption; proposed development was also in compliance with the Specific Plan (SP). MOTION: Council Member Alatorre moved to bring back the item with more information for the City Council's consideration at a later meeting. Motion died for a lack of second. Mr. Valenzuela stated that on the issue of parking and the number of parking stalls, the Developer will adhere to whatever the standard was and the Code for the City of Lynwood. Mayor Hernandez suggested that another option was to remove or amend the OPA in terms of the specific number of parking and instead use the language that the Developer will adhere to whatever standards are required. City Attorney Garcia stated that for the record that there was already an amendment proposed by the parties to change the number of units from 552 to 554 residential units and what was being considered now was to strike the number as the Mayor proposed of 828 parking stalls and instead change the language to at least legally sufficient amount of parking spaces. City Manager Beltran clarified that the language being discussed was already included on the scope of development, which was attachment No. 4, on the last two and hall lines of text. ROLL CALL AYES: COMMISSIONERS SANTILLAN -BEAS, SOLACHE, CASRTO, AND CHAIR HERNANDEZ NOES: ALATORRE ABSTAIN: NONE ABSENT: NONE RESOLUTION NO. 2016.001 ENTITLED: RESOLUTION NO. 2016.030 ENTITLED: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AND THE LYNWOOD HOUSING AUTHORITY OF THE CITY OF LYNWOOD, APPROVING AN OWNER PARTICIPATION AGREEMENT FOR THE PLAZA MEXICO EXPANSION, AUTHORIZING EXECUTION OF THE SAME BY THE MAYOR OF THE CITY OF LYNWOOD AND CHAIRPERSON OF THE LYNWOOD HOUSING AUTHORITY, AND DIRECTING THE FILING OF A NOTICE OF EXEMPTION FOR SAID OWNER PARTICIPATION AGREEMENT PURSUANT TO CEQA GUIDELINES 15061 AND 15062 AND GOVERNMENT CODE SECTION 65457 (a) CLOSED SESSION NONE ADJOURNMENT Having no further discussion, it was moved by Vice Chair Castro, seconded by Commissioner Santillan- Beas to adjourn the Lynwood Housing Authority and convene to the Lynwood Public Financing Authority at 7:53 p.m. Motion carried by unanimous consent. Edwin Hernandez air Maria Quinonez, Authority Secrete