HomeMy WebLinkAboutE-6 Staff Report - First Amendment to Grant Agreement - TIFCONSENT ITEM
E-6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: FEBRUARY 7, 2022
SUBJECT: APPROVE THE FIRST AMENDMENT TO THE GRANT AGREEMENT WITH LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR
THE TRANSIT ORIENTED DEVELOPMENT PLANNING GRANT PROGRAM
ROUND 5 TO REDUCE PROJECT COSTS
BACKGROUND:
The Los Angeles County Metropolitan Transportation Authority (Metro) has a vested interested in
creating an environment that promotes, encourages and supports transit riders. As a result, Metro created
the Transit Oriented Development (TOD) Planning Grant Program that funds local governments to
develop and promote equitable, sustainable, transit-supportive planning. Round 5 of the program offered
two grant opportunity categories: (1) Transit Supportive Regulatory Documents and (2) Tax Increment
Financing (TIF) Feasibility Studies. The City was a successful applicant and on March 1, 2018 the
Metro Board of Directors approved a grant award of $141,000 for a Tax Increment Feasibility Study. On
May 7, 2018, the City Council approved a resolution accepting the award and authorizing the execution
of a Grant Agreement with Metro. Since receiving the grant award, Staff completed the project and on
July 19, 2021 the City Council received a final presentation on the outcome of the feasibility of forming
a tax increment financing district. While an initial grant award of $141,000 was received, the completion
of the project required less funding than anticipated. The recommended actions would approve a
reduction in grant amount funding and local match requirement.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1)Approve a First Amendment to the Grant Agreement for the City of Azusa TIF Feasibility Study
for the Azusa TOD Specific Plan Study Area; and
2)Authorize the City Manager to execute the amendment, in a form acceptable to the City Attorney
on behalf of the City.
APPROVED
CITY COUNCIL
2/7/2022
Approve First Amendment to Grant Agreement between City of Azusa and Metro
February 7, 2022
Page 2
ANALYSIS:
The City was awarded a grant in the amount of $141,000 to carry out the feasibility study. As part of
the original Grant Agreement, the City agreed to provide a local match of $47,040. While Staff did
their best to utilize all grant funding and to fulfill the local match obligation as required by the
Agreement, the project team realized the completion of the project required less funding than
anticipated. This may occur as a result of over estimating funding needs in the application process and
planning process making it necessary to make an amendment to the project.
Staff completed the project July 2021 and a total of $135,921.99 of grant funding was utilized and
$15,899.37 of local match funding was utilized. Therefore, a First Amendment to the Grant
Agreement was prepared to reflect the reduction of grant amount to accommodate an overall reduction
in total project costs.
Staff is seeking approval of the First Amendment to reflect actual project costs.
FISCAL IMPACT:
There is no fiscal impact associated with authorizing Staff to execute the First Amendment to the Grant
Agreement between the City of Azusa and the Los Angeles County Metropolitan Transportation
Authority.
Prepared by: Reviewed and Approved:
Carina Campos Matt Marquez
Economic Development Specialist Economic and Community Development Director
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachment:
1) Amendment No. 1 – Grant Agreement between City of Azusa and The Los Angeles County
Metropolitan Transportation Authority
TOD Grant # 920000000TOD1701
AMENDMENT NO. 1
Rev: 11.24.21
Grant Amendment: TOD Planning
Program
1
AMENDMENT No. 1
GRANT AGREEMENT
BETWEEN
City of Azusa
AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 1 to Grant Agreement (this "Amendment"), is dated as of November
1, 2021, by and between the City of Azusa ("Grantee"), and the Los Angeles County
Metropolitan Transportation Authority ("LACMTA").
RECITALS:
A. Grantee and LACMTA entered into that certain Grant Agreement No.
920000000TOD1701, dated July 24, 2018, (the "Existing GA"), which Existing GA provides
for the TIF Feasibility Study for the Azusa TOD Specific Plan Area (the “Project”); and
B. Whereas LACMTA and Grantee mutually agree to reduce the TOD
Grant amount from $141,000 to $135,921.99 and the Grantee Local Match amount from
$47,040.00 to $15,899.37 to accommodate an overall reduction in total project costs;
C. The parties agree to replace Attachment A and any references thereto
with revised Attachment A-1, dated November 1, 2021; and
D. The parties agree to replace Attachment B and any references thereto
with revised Attachment B-1, dated November 1, 2021; and
E. Grantee and LACMTA desire to amend the Existing GA as provided
herein.
TOD Grant # 920000000TOD1701
AMENDMENT NO. 1
Rev: 11.24.21
Grant Amendment: TOD Planning
Program
2
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part I, Paragraph 2, of the Existing GA is hereby amended by deleting it
in its entirety and replacing it with the following: “To the extent the Funds are available,
LACMTA shall make to Grantee a one-time grant of Measure R 2% System Improvement
and/or Measure R 3% Metrolink, based on Project eligibility and funds available, in the amount
of $135,921.99 (the “Funds”) for the proj ect in accordance with the terms of this Agreement.”
2. Part I, Paragraph 10 is hereby amended to change LACMTA’s project
manager to “Elizabeth Carvajal”, mail stop “99-22-2”.
3. Part II, Paragraph 2, of the Existing GA is hereby amended by deleting
it in its entirety and replacing it with the following:
“2. Invoice By Grantee:
2.1 Unless otherwise stated in this Agreement, the Quarterly Progress/Expense
Report (Attachment D), with supporting documentation of expenses and project progress as
described in Part II, Section 4.1 of this Agreement, and other documents as required
pursuant to this Agreement, shall satisfy LACTMA invoicing requirements. Expenses that
are not invoiced within sixty (60) days after the lapsing date as defined in the Lapsing Policy,
Part II, Section 8.1 below are not eligible for reimbursement.
Email invoices with supporting documentation to:
carvajale@metro.net, and, once reviewed and approved to:
accountspayable@metro.net”
4. Attachment A and any references thereto in the Existing GA is hereby
replaced by Attachment A-1, attached.
5. Attachment B of the Existing GA, and any references thereto, is hereby
replaced by Attachment B-1, attached.
6. Part II, Paragraph 11 of Existing GA is hereby amended by deleting it
in its entirety and replacing it with the following:
“11. COMMUNICATIONS:
11.1* Grantee shall ensure that all Communication Materials contain
recognition of LACMTA’s contribution to the Project as more particularly set forth in
“Funding Agreement Communications Materials Guidelines” available at
http://metro.net/partners-civic. The Funding Agreement Communications Materials
Guidelines may be changed from time to time during the course of this Agreement. Grantee
TOD Grant # 920000000TOD1701
AMENDMENT NO. 1
Rev: 11.24.21
Grant Amendment: TOD Planning
Program
3
shall be responsible for complying with the latest Funding Agreement Communications
Materials Guidelines during the term of this Agreement, unless otherwise specifically
authorized in writing by the LACMTA Chief Communications Officer.
11.2* For purposes of this Agreement, “Communications Materials”
include, but are not limited to, press events, public and external newsletters, printed
materials, advertising, websites, radio and public service announcements, electronic media,
and construction site signage, as well as the plan or other primary deliverables funded by the
Grant. A more detailed definition of “Communications Materials” is found in the Funding
Agreement Communications Materials Guidelines.
11.3* The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines. The preferred logo lock-up for
Funding Grantees to use is included in the Funding Grantee Communications Guidelines.
11.4* Grantee shall ensure that any subcontractor, including, but not limited
to, public relations, public affairs, and/or marketing firms hired to produce Project
Communications Materials for public and external purposes will comply with the
requirements contained in this Section.
11.5* The LACMTA Project Manager shall be responsible for monitoring
Grantee compliance with the terms and conditions of this Section. Grantee failure to comply
with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all
rights and remedies set forth herein.”
7. Except as expressly amended hereby, the Existing GA remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing GA that are not expressly amended by this Amendment shall remain unchanged.
TOD Grant # 920000000TOD1701
AMENDMENT NO. 1
Rev: 11.24.21
Grant Amendment: TOD Planning
Program
4
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly
executed by their duly authorized representatives as of the dates indicated below:
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY
By: _________________________________ Date: ____________________
Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:
RODRIGO A. CASTRO-SILVA
County Counsel
By: __________________________________
Deputy
CITY OF AZUSA
By: _________________________________ Date: ____________________
Sergio Gonzalez
City Manager
By: _________________________________ Date: ___________________
Jeffrey Lawrence Cornejo
City Clerk
APPROVED AS TO FORM: Best Best & Krieger LLP
By: __________________________________ Date: ____________________
Marco Martinez
City Attorney
Agreement #920000000TOD1701
Date Revised: 11/01/2021
11.01.21 TOD Planning Grant Program 1
Last Updated:11/1/21
Task Number Task Title Total Cost Grant
Local Match
(LM)
Grant Funds
Used to date
Remaining In
current
obligation
Proposed Change
(Orig budget - New
budget)
Remainder of
Proposed
Budget
Proposed
Budget LM Used to
date
Remaining In
current
obligation
Proposed Change
to Local Match
Remainder
of Proposed
budget
Proposed
Budget Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J Deliverable
1 Develop Stakeholder Engagement Plan 46,408.00 37,000.00 9,408.00 49,696.99 (12,696.99) 12,696.99 0 49,696.99 6,120.05 3,287.95 3,287.95$ 0 6,120.05
1.1 Development Stakeholder Plan and Outreach 32,000.00 8,136.65 33,241.24 (1,241.24) $ 1,241.24 0 33,241.24 2,646.89 5,489.76 5,489.76 0 2,646.89 Community engagment plan. Vision for the District. Stakeholder Engagement Plan. Fact Sheet. Key
Stakeholder List. Key Stakeholder Briefings. Community Meeting Logistics. Community Meeting
Staffing. Community Update E-Blasts. Presentation Slides. Digital Engagement. Monthly Project
Management. Team Meetings.
1.2 Develop vision for the district 9,982.50 (9,982.50) 9,982.50 0 9,982.50 49.32 (49.32) $ 49.32 0 49.32
1.3 Identify target investments, projects and priorities.6,473.25 (6,473.25) 6,634.50 0 6,473.25 1,212.11 (1,212.11) $ 1,212.11 0 1,212.11 List of target investments.
1.4 Administrative Tasks 5,000.00 1,271.35 0 5,000.00 5,000.00 0 0 2,211.73 (940.38) 1,433.58 0 2,211.73
2 Identify Boundaires and Initial Screening Criteria 44,408.00 35,000.00 9,408.00 28,732.50 6,267.50 6,267.50 0 28,732.50 3,035.72 6,372.28 6,372.28$ 0 3,035.72
2.1 Determine boundary scenarios. 15,000.00 4,032.00 9,985.00 5,015.00 5,015.00 0 9,985.00 989.22 3,042.78 3,042.78 0 989.22 Maps and written description of up to 3 boundary scenarios for consideartion of TIF and Cria and concise
written explanation for develoment boundaries.
2.2 Initial TIF Screening. 10,000.00 2,688.00 9,631.25 368.75 368.75 0 9,631.25 147.97 2,540.03 2,540.03 0 147.97 Matrix showing TIF screening variables for each boundary scenario.
2.3 Strategic Considerations. 10,000.00 2,688.00 9,116.25 883.75 883.75 0 9,116.25 1,898.53 789.47 789.47 0 1,898.53 Market and future investment analysis.
3 Tax Increment Analysis 42,408.00 33,000.00 9,408.00 25,925.00 7,075.00 7,075.00 0 25,925.00 1,570.99 7,837.01 7,837.01 0 1,570.99
3.1 Revenue Generation.18,000.00 5,131.64 15,936.25 2,063.75 2,063.75 0 15,936.25 1,570.99 3,560.65 3,560.65 0 1,570.99 Tax Increment Revenue Analysis.
3.2 Bonding Capacity. 15,000.00 4,276.36 9,988.75 5,011.25 5,011.25 0 9,988.75 - 4,276.36 4,276.36 0 - Present Value Analysis.
4 Identify Infrastructure Needs 30,408.00 21,000.00 9,408.00 16,851.25 4,148.75 4,148.75 0 16,851.25 2,492.68 6,915.32 6,915.32 0 2,492.68
4.1 Identify infrastructure and community development
investments.
9,000.00 4,032.00 6,938.75 2,061.25 2,061.25 0 6,938.75 2,492.68 1,539.32 1,539.32 0 2,492.68 Summary of potential infrastructure and community investment projects, with an estimated range of
costs.
4.2 Indentify other funding sources. 12,000.00 5,376.00 9,912.50 2,087.50 2,087.50 0 9,912.50 0 5,376.00 5,376.00 0 0 Summary memo providing a rough order of magnitude funding plan for the TIF district, inclusive of
projects/programs, project costs and potential funding sources.
5 Next Steps for Implementation 24,408.00 15,000.00 9,408.00 14,716.25 283.75 283.75 0 14,716.25 2,038.77 7,369.23 6,728.07 641.16 2,679.93
5.1 Prepare summary memo outlining next steps for
implementation.
13,500.00 9,408.00 13,496.25 3.75 3.75 0 13,496.25 1,179.10 8,228.90 8,228.90 0 1,179.10 Next Steps Summary Memo identifying a timeline and a budget for the implementation activities.
5.2 New Task Proposed: Presentation to City Council 1,500.00 859.67 1,220.00 280 280 0 1,220.00 859.67 0 0 0 859.67
5.3 New Task Proposed: City webpage content update with
project outcome
0 641.16 0 0 0 0 0 0 0 1,651.97 641.16 641.16
Totals 188,040.00 141,000.00 47,040.00 135,921.99 5,078.01 30,471.99 0.00 135,921.99 15,258.21 31,781.79 31,140.63 641.16 15,899.37
Totals:135,921.99 Totals:15,899.37
Requested
Relief of
Funds
5,078.01 Requested
Relief of
Funds
31,140.63
About this Sheet: This spreadsheet shows the original budget (dated 6-4-
19) in comparison with the 10-28-21 budget amendment in Columns F-O.
Grant Funds Amendment Comparison
Grant Totals 14,850.00 20,400.00 14,100.0037,000.00 25,000.00 13,600.00 14,550.00
4,148.07 4,233.60 10,483.20 8,332.80
The original budget was approved without
numbers in these cells.
Local Match Funds Amendment Comparison
ATTACHMENT A-1 - Amended PROJECT SCHEDULE AND BUDGET
Project Title: TIF Feasibility Study for the Azusa TOD Specific Plan Area
TOD Planning Grant Program: City of Azusa
Fiscal Year 2018-19Fund Source Fiscal Year 2019-20 Fiscal Year 2020-21
9,408.00 6,720.00 3,714.33
Agreement # 9200000000TOD1701
- 1 -
11.01.21 TOD Planning Grant Agreement Attachment B-1
Transit Oriented Communities (TOC) Tax Increment Financing (TIF) Pilot Program
TIF Feasibility Study – Scope of Work
The City of Azusa is seeking a consultant to perform a TIF feasibility study to determine how the
City/County may finance transit-supporting infrastructure, affordable housing and other community
development goals in the Azusa TOD Specific Plan Area study area. The TIF study shall focus on two new
TIF tools:
1. EIFD – Enhanced Infrastructure Financing Districts (SB628/AB313)
2. CRIA – Community Revitalization and Investment Act (AB2/AB2492)
As noted in Task 3, the Study may consider other benefit assessment districts if appropriate and
supported by the initial analysis conducted in Task 2. Additionally, the selected consultant shall also
reference and adhere to any EIFD/CRIA Board policy or criteria adopted by the County of Los Angeles.
Task 1: Develop Stakeholder Engagement Plan Duration: 3 Months
Working closely with the City/County, Consultant shall develop a stakeholder engagement plan with the
objectives of (1) determining stakeholder interest in and/or commitment to a TIF district in the project
area; (2) developing a vision for the district; and (3) identifying targeted investments, projects and
priorities for a TIF district in the project area to improve the integration of public transportaiton systems
and surrounding communities and to support an increase in tranist ridership. The engagement plan
should reference the tasks in the TIF feasibility scope of work, noting key milestones for engaging
stakeholders as the study progresses.
The engagement plan shall be tailored to the project area, but will likely be a combination of one-on-one
interviews, small focus groups and larger community meetings/workshops, as well as regular
communication through email and social media.
The engagement plan should include mechanisms to ensure engagement of lower income and
disadvantaged communities, including meetings at varied times, translation of materials into multiple
languages, and translation services as needed.
The Community Engagement Plan should include/consider the following:
• A clear outreach plan that includes goals for the project, outreach methods chosen and
established schedule for meetings, workshops, social media presence.
• Multiple modes of communication that include one-on-one meetings with key stakeholders and
community leaders, information meetings etc.
• Visualization tools to show the benefits through renderings, photosimulations, visual preference
surveys etc.
• Address equity and displacement concerns
Deliverables: Community Engagement plan
Agreement # 9200000000TOD1701
- 2 -
11.01.21 TOD Planning Grant Agreement Attachment B-1
Task 2: Identify Boundaries and Initial Screening Criteria Duration: 6 Months
2.1 Determine boundary scenarios: Working with the City/County and community stakeholders as
identified in the outreach plan, identify no more than 3 sets of boundaries to study for preliminary
screening of eligibility for EIFD or CRIA. The boundaries chosen should meet the screening crit eria
defined in the grant application and SCAG’s EIFD/CRIA Screening Assistance Tool.
Deliverable: Maps and written descriptions of up to 3 boundary scenarios for consideration of TIF and
CRIA and concise written explanation for development of boundaries.
2.2 Initial TIF Screening: Using data available from SCAG’s EIFD/CRIA Screening Assistance Tool, ArcGIS
and other publicly available data sources, prepare a matrix of primary screening criteria, including:
From SCAG Screening Assistance Tool:
• Current zoning and density in project area (including consideration of anticipated
zoning from land use planning updates underway)
• Project location and infrastructure needs (location in High-Quality Transit/Transit
Priority Area)
• Potential infrastructure financing solutions (property tax capture rate, eligibility for
grant funding)
• CRIA Eligibility (income, crime, unemployment stats, disadvantaged communities
designations)
• Whether the proposed EIFD boundaries overlap a former California Redevelopment
Project Area
From other sources:
• Economic Development potential (planned projects, existing parcel values)
• Technical screening (determine any former RDA project areas, existing ROPs obligations
or other bond/financing obligations)
EIFD/CRIA Successor Agency Prerequisites (finding of completion from DOF)
Much of this screening work will be provided to the consultant that was developed in the grant
application. However the data should be organized in a matrix and also any additional
boundaries/considerations post grant award should be screened.
Deliverable: Matrix showing TIF screening variables for each boundary scenario.
2.3 Strategic considerations: Identify quantitative and qualitative factors affecting TIF feasibility, which
may include:
• market statistics
Agreement # 9200000000TOD1701
- 3 -
11.01.21 TOD Planning Grant Agreement Attachment B-1
• land ownership (public/private)
• proposed developments
• anticipated infrastructure investments (public transit, grant-funded projects, etc.)
Use the data to make final recommendations for which boundary scenario(s) should continue into the
next phase of analysis as well as determining whether the EIFD, CRIA or both forms of TIF district should
be studied. If other forms of benefit assessment district are appropriate (Community Facilities District,
BID, etc.) identify those.
Deliverable: Market and future investment analysis
Task 3: Tax Increment Analysis Duration: 7 Months
This task is focused on determining a range of tax increment or other benefit assessment district funds
could be generated upon formation of a district.
3.1 Revenue Generation. Key assumptions for the revenue generation analysis include:
• Analysis of no more than 3 different boundary scenarios and potential assessment districts,
(depending on outcome of Task 2).
• Taxing entity proportional shares should be current (redevelopment era shares were pre-ERAF)
and come from County Auditor-Controller.
• For TIF districts, include one set of revenues projections with both County and City
participation and one set with only City participation in tax increment.
• Project revenues at the 10, 20, 30 and 45-year timeframe
• Provide some “But/For analysis,” i.e., is it likely that the proposed infrastructure projects would
not produce the subsequent growth in development without the EIFD/CRIA
• Is the project viable without contributions from the other taxing entities
Revenue generation assumptions should also meet any EIFD/CRIA criteria and policies adopted by the
Los Angeles County Board of Supervisors.
3.2 Bonding capacity. For each scenario, determine the bonding capacity of the TIF/assessment
revenue assuming that the governing authority bonds against the future proceeds.
Deliverable: Tax increment revenue and present value analysis
Agreement # 9200000000TOD1701
- 4 -
11.01.21 TOD Planning Grant Agreement Attachment B-1
Task 4: Identify infrastructure needs Duration: 6 Months
4.1. Identify infrastructure and community development investments. Working with the City/County
and through the stakeholder engagement strategy, the consultant shall determine a range of
infrastructure and community development projects/programs, consistent with the regulations for any
assessment district, which could make up the funding plan for the TIF district. The projects/programs
shall include estimated funding needs whenever available.
The following documents should be used as references in the process of identifying community
development projects and programs:
• Azusa TOD Specific Plan
• Transit-Supportive Development Toolkit: 10 Characteristics of Transit-Supportive Development
• Metro Countywide Sustainability policy
• First/Last Mile Strategic plan
• Green places Toolkit
Deliverable: Summary of potential infrastructure and community investment projects, with an
estimated range of costs.
4.2 Identify other funding sources. It is a reasonable assumption that the total desired investment will
exceed the net revenues generated by the TIF/special assessment district. The consultant shall identify
other funding sources that could be leveraged by the TIF district, including grants, special district fees,
development impact fees, and other public funding sources.
Deliverable: Summary memo providing a rough order of magnitude funding plan for the TIF district,
inclusive of projects/programs, project costs and potential funding sources.
Task 5: Next Steps for Implementation Duration: 5 Months
5.1 Prepare summary memo outlining next steps for implementation. Consultant shall prepare a
summary memo outlining next steps for implementation, a timeline, and a budget for the
implementation activities. The memo should include recommendations for the make-up of a Public
Financing Authority/CRIA Board if either district is recommended and identify other factors such as
CEQA considerations and further community engagement. The memo should function as a realistic
action plan for moving forward.
Deliverable: Next Steps Summary Memo
5.2 Presentation to City Council. In collaboration with the Consulting team, make a project outcome
presentation to the City Council during a live council meeting and answer any questions they may have.
The presentation will provide City leadership with an outline of steps required in implementing a TIF
district and will provide City Staff with direction on next steps.
Deliverable: Provide a project outcome presentation to the City Council during a live council meeting.
Agreement # 9200000000TOD1701
- 5 -
11.01.21 TOD Planning Grant Agreement Attachment B-1
5.3 City webpage content update. Staff will prepare webpage content in English and Spanish to ensure
transparency to our community on the progress and completion of our study. Staff will place the
content on the City’s website as well as social media. Providing a bilingual update on the project
outcome on the City website and social media will educate the community on the City’s efforts to
implement efforts that will increase the use of public transportation. The project page will include links
to other City projects that will continue to support these efforts even after the completion of our study.
Deliverable: Prepare webpage content in English and Spanish
5.4 Video recordings of project update in English / Spanish. Staff will provide an update via video
recordings and make them available on the City’s website and social media. The content will be in
English and Spanish. The bilingual video recordings will continue to engage a diverse stakeholder group
during the pandemic. The Spanish translation will help educate traditionally underserved communities
on the City's efforts in increasing the use of public transportation and alternative modes of
transportation.
Deliverable: Upload bilingual project update video recordings to City Website