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Item 9 - Ammnd.to Agreement 20th Yr. CDBG Project ~GENDA REPORT SUMMARY TO: Honorable Mayor and Members of the City Council - Honorable Chairman and Members of the Redevelopment Agenc FROM: James L. Bowersox, City Manager/Executive Dire~ INITIATED BY: John D. Fitch, Assistant City Manager/Assistant Executive Directo.q1't ~arren H. Shafer, Director of Redevelopment Services David Narevsky, Redevelopment Manager~~ Kris Gridley, Redevelopment Coordinator DATE: November 7, 1995 SUBJECT: Amendment to Agreement with the County of San Diego for the Management and Implementation of a 20th-Year Community Development Block Grant (CDBG) Project (County Contract Number #34754) ABSTRACT The proposed Amendment to the Agreement for the Management and Implementation of a CDBG Project will enable the County to provide an additional $67,000 in 21st-Year CDBG funding for completion of the Public Street Access Ramp Project which previously received $40,000 in 20th-Year funding under Contract #34754. ENVIROJli'MENTAL REVIEW . The subject Amendment is categorically exempt from CEQA review requirements and cate90rically excluded from NEPA review requirements. FISCAL IMPACT It is recommended that $67,000 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 $67,000 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 public street access ramps will be of benefit to the Paguay Redevelopment Project Area. ACTION NOV 7 1995 ITEM 9 " . 1 of 11 --"---.- -----!l-__. ~ AGENDA REPOR1 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 f,,?m ~e <:onsent Czllendar 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 Cit)' 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 Dire~ INITIATED BY: John D. Fitch, Assistant City Manager/Assistant ExecutivJCb~ <:J Director ~. Warren H. Shafer, Director of Redevel~ent Services , David Narevsky, Redevelopment Manager ~ Kris Gridley, Redevelopment Coordinator DATE: November 7, 1995 SU8JECT: 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 #34754) 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 $67,000 in Twenty-First Year funding for the installation of public street access ramps at various locations throughout the City. The ramps will provide access for persons with disabilities in accordance with the requirements of the Americans with Disabilities Act (ADA). This project has previously received $40,000 in 20th-Year funding under Management and Implementation Agreement #34754. In order for the City to use the additional $67,000 in 21st-Year funding the County requires an amendment to Management and Implementation Agreement #34754. FINDINGS Provided in Attachment 1 is the proposed First Amendment to Management and Implementation Agreement #34754. The Amendment includes an estimated time schedule and 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. The proposed Amendment will provide funding for the installation of curb cuts and access ramps for a number existing public streets throughout the City. ACTION: j 2 of 11 NOn 1995 ITEM 9 Agenda Report November 7, 1995 Page 2 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 the public street and sidewalk system. ENVIRONMENTAL REVIEW The subject Amendment is categorically exempt from CEQA review requirements and categorically excluded from NEPA review requirements. 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 $107,000 for installation of public street access ramps. Reimbursements will be made on a monthly basis, after the City provides verification of actual expenditures incurred. It is recommended that $67,000 be appropriated from the Redevelopment Agency Unappropriated Fund Balance (Account Number 436- 8912). This $67,000 in combination with the previous appropriation of $40,000, will provide a total of $107,000 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: 1.) 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: 1. Appropriate $67,000 from the Redevelopment Agency Unappropriated Fund Balance to cover project costs 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 ITEM 9 ,.. NOV 7 1995 , 3 of 11 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 Number 34754) 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. 34754); and WHEREAS, said Agreement authorized funds for the installation of curb cuts and ramps to provide access for persons with disabilities at a variety of public street intersections throughout the City of poway; and WHEREAS, the City of poway has requested that an additional $67,000 of Community Development Block Grant funds, as approved in the Twenty-First-Year Community Development Block Grant Program, be allocated to provide for the completion of additional access ramps throughout the City, IT IS AGREED AS FOLLOWS: L Paragraph 1, Section d, of said County Contract 34754 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. 34754 is amended, in its entirety, to read as follows: (e) section 3 of the Housing and Community Development Act of 1974, includes: Attachment 1 4 of 11 HOV 7 1995 ITEM 9 ,'0 . - (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 HOD assistance or HOD-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 HUD assistance for housing. (2) The parties to this contract agree to comply with HOD'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 2 5 of 11 ~OV? 1995 ITEM 9 .. subcontractor where the City has notice or knowledge that the subcontractor has been found in violation of the regulation 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 HOD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or 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 contract and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterpr ises. Parties to this contract that are subject to the provision 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). Contract No. 34754 are renumbered to be identified as follows: Paragraph 1, section f through Section t: 4. Paragraph 3 of said County Contract Number 34754 is amended to read as follows: 3. Comoensation: County agrees to pay City a total compensation for implementing the project described herein, project costs not to exceed the sum of $107,000. 5. Attachment "A", Scope of Work, Paragraph 2 of said County Contract Number 34754 is amended to read as follows: 3 NOV 7 1995 ITEM 9 6 of 11 -- 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: Program completion september 1996 Estimated Budaet: The city of poway will make all good faith and reasonable efforts to implement the project in accordance with the following budget: Engineering/Design $12,000 Construction $95,000 # # # - 4 NaV 7 1995 ITEM 9 II 7 of 11 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 installation of curb cuts and wheelchair access ramps at a number of public street intersections throughout the City in order to allow access for persons with disabilities in accordance with the provisions of the Americans with Disabilities Act of 1990; 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 streets and sidewalks described above are of benefit to the paguay Redevelopment Area because they will remove architectural barriers for persons with disabilities to ensure that all residents of the community can use the public street and sidewalk system. section 2: The city Council further determines that no other reasonable means of financing the improvements are available to the community. Section 3: The City Clerk shall certify to the adoption of this resolution. NOV 7 1995 ITEM 9 Attachment 2 8 of 11 \ Resolution No. 95- Page 2 PASSED, ADOPTED AND APPROVED, by the city Council of poway, California, at a regular meeting thereof this 7th day of November, 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 7th day of November, 1995 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk city of poway NOV 7 1995 ITEM 9 9 of 11 . 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 installation of curb cuts and wheelchair access ramps at a number of public street intersections throughout the city in order to allow access for persons with disabilities in accordance with the provisions of the Americans with Disabilities Act of 1990; 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 Redevelopment Agency 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 streets and sidewalks described above are of benefit to the paguay Redevelopment Area because they will remove architectural barriers for persons with disabilities to ensure that all residents of the community can use the public street and sidewalk system. Section 2: The poway Redevelopment Agency further determines that no other reasonable means of financing the improvements are available to the community. Attachment 3 NOV 7 1995 ITEM 9 10 of 11 I 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 7th day of November, 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 7th day of November, 1995 and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, Secretary poway Redevelopment Agency 11 of 11 ~OV 7 1995 ITEM 9 ------~