Item 13 - Ammnd. to Agreement 19th Yr. CDBG Project
- AGENDA REPORT SUMMARY -
TO: Honorable Mayor and Members of the City Council
- Honorable Chairman and Members of the Redevelopment Agenc ~#~""lNTKt~
FROM: James L. Bowersox, City Manager/Executive Di~ ^
INITIATED BY: John D. Fitch, Assistant City Manager/Assistant ExeCl!.!.i~rector1Jf
Warren H. Shafer, Director of Redevelop~nt Service~
David Narevsky, Redevelopment Manager \)N
Kris Gridley, Redevelopment Coordinator~
DATE: October 31, 1995
SUBJEcr: Amendment to Agreement with the County of San Diego for the Management
and Implementation of a 19th-Year Community Development Block Grant
(CDBG) Project (County Contract Number #33527)
ABSTRAcr
The proposed Amendment to the Agreement for the Management and Implementation of a CDBG
Project will enable the County to provide an additional $21,422 in 21st-Year CDBG
funding for completion of ADA (Americans with Disabilities Act) projects for which the
original funding provided by Contract #33527 was not adequate.
_ ENVIRONMENTAL REVIEW
The subject Amendment is classified as a continuation of a previously approved project
and does not require further CEQA review.
FISCAL IMPAcr
It is recommended that $21,422 be appropriated from the Redevelopment Agency 80%
unappropriated fund balance (Account #436-8912) to cover project costs prior to
receiving CDBG funding reimbursements from the County.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council/Redevelopment Agency approve the attached
Amendment to the Agreement for Management and Implementation of a CDBG Project,
appropriate $21,422 from the Redevelopment Agency 80% unappropriated fund balance to
cover project costs prior to receiving reimbursements from the County and adopt the
attached Resolutions determining that the completion of the Nineteenth-Year CDBG
projects per Contract #33527 will be of benefit to the Paguay Redevelopment Project
Area.
AcrlON
I of 13 OCT 31 1995 ITEM 13
~ AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed from ~e ~onsent Calendar and
discussed separately. If you wish to have this report pulled for discussion. please fill out a slip indIcating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
Honorable Chairman and Members of the Redevelopment Agency
FROM: James L. Bowersox, City Manager/Executive Dir~ r'
INITIATED BY: John D. Fitch, Assistant City Manager/Assistant Executive~l\
Director ~
Warren H. Shafer, Director of Redevelop~nt Service
David Narevsky, Redevelopment Managerl)
Kris Gridley, Redevelopment Coordinator ~
DATE: October 31, 1995
SUBJECT: Amendment to Agreement between the City of Poway and the
County of San Diego for Management and Implementation of a
19th-Year Community Development Block Grant Project
(Contract #33527)
BACKGROUND
On November 29, 1994, the City Council held a publiC hearing to solicit input
on the use of the City's Twenty-First Year (Fiscal 95-96) CDBG funds. At that
time, the Council approved the allocation of $26,922 in Twenty-First Year
funding to the completion of miscellaneous Americans with Disabilities Act
(ADA) improvements. This funding was set aside to provide for anticipated
cost overruns and contingencies in ADA projects which were originally funded
by a 19th-Year CDBG Grant. Some of the cost overruns were eventually paid for
by reallocating money from the Bowron Road Pedestrian Bridge project, which
was completed under budget. In May 1995, when the Final 21st-Year CDBG
Program was approved by the County Board of Supervisors, it was determined
that a total of $21,422 was available to prOVide supplemental funding for
completion of the 19th-Year ADA projects. In order for the City to use this
funding, the County of San Diego requires an amendment to Management and
Implementation Agreement #33527, which is the contract for the 19th-Year ADA
Projects (known to the County as the 19th-Year Public Facilities Removal of
Barriers Project).
FINDINGS
Provided in Attachment I is the proposed First Amendment to Management and
Implementation Agreement #33527. The Amendment includes a list of the 19
public facilities where architectural barriers are to be removed, an estimated
ACTION:
;
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Agenda Report
October 31, 1995
Page 2
time schedule and estimated budget for the project. Also included are a
number of standard conditions and procedures dictated by the Department of
Housing and Urban Development (HUD) and the County of San Diego. This is the
first Management and Implementation Agreement to include new language
pertaining to Section 3 of the Housing and Community Development Act, as
required by HUD. The purpose of Section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance are directed, to the
greatest extent possible, to low and very low-income persons.
The proposed Amendment will provide funding for the completion of ADA
improvements to 19 existing public buildings and recreational facilities.
These improvements will be of benefit to the Poway Redevelopment Project Area
because they will remove architectural barriers and ensure that all residents
of the community can use these public facilities.
ENVIRONMENTAL REVIEW
The subject Amendment is classified as a continuation of a previously approved .
project and does not require further CEQA review.
- FISCAL IMPACT
In accordance with the cooperative agreement between the City and the County,
the City must advance the funds for CDBG projects and programs and then
request reimbursement as costs are incurred. Once the proposed Amendment is
. approved, the County of San Diego will be able to reimburse the City a total
of $258,940 for implementation of the 19th Year Public Facilities Removal of
Barriers project. Reimbursements will be made on a monthly basis, after the
City provides verification of actual expenditures incurred. It is recommended
that $21,422 be appropriated from the Redevelopment Agency Unappropriated Fund
Balance (Account Number 436-8912). This $21,422,in combination with the
previous appropriation of $237,518, will provide a total of $258,940 to cover
project costs prior to receiving CDBG funding reimbursements from the County.
PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council: I.) Approve the attached Amendment
to Agreement for Management and Implementation of a Community Development
Block Grant Project and 2.) Approve the Resolution provided in Attachment 2
finding benefit to the Paguay Redevelopment Project Area through the
completion of the City facility accessibility modifications.
- It is recommended that the Redevelopment Agency: I. Appropriate $21,422 from
the Redevelopment Agency Unappropriated Fund Balance to cover project costs
3 of 13 OCT 31 1995 ITEM 13
Agenda Report
October 31, 1995
Page 3
prior the Agency receiving Community Development Block Grant funding
reimbursements from the County and 2.) Approve the Resolution provided in
Attachment 3, determining that the completion of the accessibility
modifications to City facilities is of benefit to the Paguay Redevelopment
Project Area.
Attachments:
1. First Amendment to Agreement for Management and Implementation of
a Community Development Block Grant Project
2. City Council Benefit Resolution
3. Redevelopment Agency Benefit Resolution
OCT 31 1995 ITEM 13
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FIRST AMENDMENT TO
AGREEMENT FOR MANAGEMENT AND
IMPLEMENTATION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
THIS FIRST AMENDMENT to the Agreement for Management and
Implementation of a Community Development Block Grant Project
(County Contract No. 33527) between the County of San Diego and the
City of poway entered into this day of 1995 by
and between the COUNTY OF SAN DIEGO, a political subdivision of the
State of California (hereinafter referred to as "County") and the
City of Poway, (hereinafter referred to as "City"),
WIT N E SSE T H:
WHEREAS, the County and the City have earlier entered into an
Agreement for management and implementation of a Community
Development Block Grant project (County Contract No. 33527); and
WHEREAS, said Agreement authorized funds for the Public
_ Facility Removal of Barriers Project; and
WHEREAS, the City of poway has requested that an additional
$21,422 of Community Development Block Grant funds, as approved in
the Twenty-First-Year Community Development Block Grant Program, be
allocated to continue development of the poway Public Facility
Removal of Barriers Project;
IT IS AGREED AS FOLLOWS:
1. Paragraph 1, Section d, of said County Contract No. 33527
is amended to read as follows:
(d) Title VI of the Civil Rights Act of 1964 (Public
Law 88-352); Title VIII of the Civil Rights Act of
1968 (Public Law 90-284); Section 109 of the
Housing and Community Development Act of 1974;
Executive Order 11246; Executive Order 11063; and
any HUD regulations heretofore issued or to be
issued to implement these authorities relating to
civil rights;
2. Paragraph 1, Section e, of said County Contract No. 33527
is amended, in its entirety, to read as follows:
(e) Section 3 of the Housing and Community Development
Act of 1974, includes:
5 of 13 At tachment I OCT 31 1995 ITEM 13
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(1) The work to be performed under this contract
is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. 1701u (section 3). The
purpose of section 3 is to ensure that
employment and other economic opportunities
generated by HUn assistance or HUn-assisted
projects covered by section 3, shall, to the
greatest extent feasible, be directed to low-
and very low-income persons, particularly
persons who are recipients of HUn assistance
for housing.
(2) The parties to this contract agree to comply
with HUn's regulations in 24 CFR part 135,
which implement section 3. As evidenced by
their execution of this contract, the parties
to this contract certify that they are under
no contractual or other impediment that would
prevent them from complying with the part 135
regulations.
(3) The City agrees to send to each labor.
organization or representative of workers with
which the City has a collective bargaining
agreement or other understanding, if any, a
notice advising the labor organization or
workers' representative of the City's
commitments under this section 3 clause, and
will post copies of the notice in conspicuous
.- places at the work site where both employees
and applicants for training and employment
positions can see the notice. The notice
shall describe the section 3 preference, shall
set forth minimum number and job titles
subject to hire, availability of
apprenticeship and training positions, the
qualifications for each; and the name and
location of the person(s) taking applications
for each of the positions; and the anticipated
date the work shall begin.
(4) The City agrees to include the section 3
clause in every subcontract subject to
compliance with regulations in 24 CFR part
135, and agrees to take appropriate action, as
provided in an applicable provision of the
subcontract or in the section 3 clause, upon a
finding that the subcontractor is in violation
of the regulations in 24 CFR part 135. The
City will not subcontract with any
subcontractor where the City has notice or
knowledge that the subcontractor has been
6 of 13 OCT 31 1995 ITEM 13
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found in violation of the regulations in 24
CFR part 135.
(5) The City will certify that any vacant
employment positions, including training
positions, that are filled (1) after the City
is selected but before the contract is
executed, and (2) with persons other than
those to whom the regulations of 24 CFR part
135 require employment opportunities to be
directed, were not filled to circumvent the
City's obligations under 24 CFR part 135.
(6) Noncompliance with HUD's regulations in 24 CFR
part 135 may result in sanctions, termination
of this contract for default, and debarment of
suspension from future HUD assisted contracts.
(7) With respect to work performed in connection
with section 3 covered Indian housing
assistance, section 7 (b) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b)
requires that to the greatest extent feasible
(i) preference and opportunities for training
and employment shall be given to Indians, and
(ii) preference in the award of contracts and
subcontracts shall be given to Indian
organizations and Indian-owned Economic
Enterprises. Parties to this contract that
are subject to the provisions of section 3 and
section 7 (b) agree to comply with section 3
to the maximum extent feasible, but not in
derogation of compliance with section 7 (b) .
3 . Paragraph 1, Section e through Section s, of said County
Contract No. 33527 are renumbered to be identified as
follows:
Paragraph 1, Section f through Section t:
4. Paragraph 3 of said County Contract Number 33527 is
amended to read as follows:
3 . ComDensation: County agrees to pay City total
compensation for implementing the Project described
herein project costs not to exceed the sum of
$258,940.
5. Attachment IlAlI, Paragraphs 1, 2 and 3 of said County
Contract No. 33527, is amended to read as follows:
7 of 13 OCT 31 t995 ITEM 13
l. The City of poway will renovate existing public
facilities to remove architectural barriers to
persons with disabilities, in accordance with the
Americans with Disabilities Act. The renovations
will include the installation of fixtures,
handrails, signage, wheelchair ramps, striping and
other hardware necessary for such improvements and
street curb cuts and ramps. Facilities to be so
improved include:
l. City Hall
2 . Access Ramps Public Streets
3 . Fire Station #1
4. Fire Station #2
5. Water Treatment plant
6. Lake poway Recreation
7. Community Services
8. Community Park
9 . Community Swim Center
10. Weingart Center
11. Performing Arts Center
12. Twin Peaks Multi-Purpose Center
13 . Valle Verde Park
14. Si1verset Park
15. Starridge Park
16. Garden Road Park
17. Old poway Park
18. Meadowbrook Gymnasium
19. Lake Poway P'l aygruund
2 . ESTIMATED TIME SCHEDULE: The City of Poway will make all good
faith and reasonable efforts to implement the project in
compliance with the following estimated implementation
schedule, or earlier:
Design .and Engineering November 1995
8 of 13 OCT 31 1995 ITEM 13
_.
Bid Opening December 1995
Bid Award January 1996
Completion Date May 1996
3 . ESTIMATED BUDGET: The City of poway will make all
good faith and reasonable efforts to implement the
project in accordance with the following budget,
but in no case shall funds be reimbursed in excess
of the total compensation in Paragraph No 3 of
this contract.
Labor $ 148,564
Materials 110.376
TOTAL $ 258,940
IN WITNESS WHEREOF the parties hereto have caused this Second
Amendment to be executed as of the day and year first above _
written.
CITY OF POWAY COUNTY OF SAN DIEGO
By By
###
OCT 3 1 t995 ITEM 13
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RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POWAY DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO BE OF BENEFIT
TO THE PAGUAY REDEVELOPMENT PROJECT
WHEREAS, the poway Redevelopment Agency (the "Agency") is
authorized to carry out the redevelopment of the paguay
Redevelopment Project Area; and
WHEREAS, the Agency will undertake the renovation of existing
public facilities to remove architectural barriers for persons with
disabilities, in accordance with the provisions of the Americans
With Disabilities Act of 1990; and
WHEREAS, the proposed improvements will include: the
modification of existing buildings to allow access and the
installation of fixtures, handrails, signage, wheelchair ramps, and
hardware necessary to provide access; and
WHEREAS, the installation of the aforesaid improvements is
necessary for the execution of the paguay Redevelopment Project
under the provisions of California Redevelopment Law (Health and
Safety Code, section 33000 et seq.), and pursuant to the
Redevelopment Plan for the project, which Redevelopment Plan was
adopted on December 13, 1983 and Amended on June 8, 1993 by
Resolution No. 93-13 of the City Council; and
WHEREAS, section 33445 of the California Health and Safety
Code requires the City Council to determine the issue of benefit to
the paguay Redevelopment Project prior to construction of public
improvements and to determine that no other reasonable means of
financing is available for the improvements; and
WHEREAS, the improvements will benefit individuals with
disabilities and meet access requirements set forth in the American
with Disabilities Act of 1990.
NOW, THEREFORE, the City Council of the City of poway does
resolve as follows:
section 1: The city Council hereby determines that the
improvements consisting of accessibility modifications to existing
city facilities described above are of benefit to the paguay
Redevelopment Area because they will remove architectural barriers
to ensure that all residents of the community can use these public
facilities.
section 2: The City Council further determines that 'no
other reasonable means of financing the improvements are available
to the community.
Attachment 2 DCT 31 1995 ITEM 13
10 of 13
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- Resolution No. 95-
Page 2
Section 3: The City Clerk shall certify to the adoption of
this resolution.
PASSED, ADOPTED AND APPROVED, by the City Council of Poway,
California, at a regular meeting thereof this 31st day of
October, 1995.
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, city Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify the foregoing Resolution No. 95- was duly
adopted by the City Council at a meeting of said Council on the
31st day of October, 1995 and that it was so adopted by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
II of 13 OCT 31 t995 ITEM 13
RESOLUTION NO. R-95-
A RESOLUTION OF THE POWAY REDEVELOPMENT AGENCY
DETERMINING CERTAIN PUBLIC IMPROVEMENTS
TO BE OF BENEFIT TO
THE PAGUAY REDEVELOPMENT PROJECT
WHEREAS, the poway Redevelopment Agency (the "Agency") is
authorized to carry out the redevelopment of the Paguay
Redevelopment Project Area; and
WHEREAS, the Agency will undertake the renovation of existing
public facilities to remove architectural barriers for persons with
disabilities, in accordance with the provisions of the Americans
with Disabilities Act of 1990; and
WHEREAS, the proposed improvements will include: the
modification of existing buildings to allow access and the
installation of fixtures, handrails, signage, wheelchair ramps, and
hardware necessary to provide access; and
WHEREAS, the installation of the aforesaid improvements
is necessary for the execution of the paguay Redevelopment Project
under the provisions of California Redevelopment Law (Health and
Safety Code, section 33000 et seq.) , and pursuant to the
Redevelopment Plan for the project, which Redevelopment Plan was
adopted on December 13, 1983 and Amended on June 8, 1993 by
Resolution No. 93-13 of the City council; and
WHEREAS, Section 33445 of the California Health and Safety
Code requires the City Council to determine the issue of benefit to
the paguay Redevelopment Project prior to construction of public
improvements and to determine that no other reasonable means of
financing is available for the improvements; and
WHEREAS, the improvements will benefit individuals with
disabilities and meet access requirements set forth in the American
with Disabilities Act of 1990.
NOW, THEREFORE, the Poway Redevelopment Agency does hereby
resolve as follows:
Section 1: The poway Redevelopment Agency hereby
determines that the improvements consisting of accessibility
modifications to existing City facilities described above are of
benefit to the paguay Redevelopment Area because they will remove
architectural barriers to ensure that all residents of the
community can use these public facilities.
section 2: The poway Redevelopment Agency further
determines that no other reasonable means of financing the
improvements are available to the community.
12 of 13 At tachment 3 OCT 3 1 1995 ITEM 13
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- Resolution No. R-95
Page 2
Section 3: The Secretary shall certify to the adoption of
this resolution.
PASSED, ADOPTED AND APPROVED, by the Poway Redevelopment
Agency, at a regular meeting thereof this 31st day of
October, 1995.
Don Higginson, Chairman
ATTEST:
Marjorie K. Wahlsten, Secretary
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, Secretary to the poway Redevelopment
Agency, do hereby certify the foregoing Resolution No. R-95-
was duly adopted by the poway Redevelopment Agency at a meeting of
said Agency on the 31st day of October, 1995 and that it was so
adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Marjorie K. Wahlsten, Secretary
13 of 13 OCT 3 1 1995 ITEM 13