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 " .
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~ 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:
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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 ,..
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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 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
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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 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
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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:
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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
# # #
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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 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
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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
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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
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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 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
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