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HomeMy WebLinkAbout7.1 CDBG Recovery Program~~~oFDUB~ CITY CLERK lei ~i~ ~1 File # ^©©®'©0 19 ~V 1 ~V ~ '/ AGENDA STATEMENT ~`~ ~// CITY COUNCIL MEETING DATE: July 21, 2009 dLIFOR~ SUBJECT: Adopt a Resolution approving a First Amendment to the Fiscal Year 2008-2009 Agreement between the City of Dublin and the County of Alameda for the Purpose of Carrying out Activities under the Community Development Block Grant-Recovery (CDBGR) Program. Report Prepared by Gaylene Burkett, Housing Assistant ATTACHMENTS: 1) Resolution authorizing the City Manager to enter into a First Amendment to the Fiscal Year 2008-2009 Agreement by and between the County of Alameda and the City of Dublin for the purpose of carrying out activities under the Community Development Block Grant-Recovery (CDBG-R) Program. 2) First Amendment to CDBG City/County Agreement between the City of Dublin and the County of Alameda. RECOMMENDATION: Staff recommends that the City Council adopt a Resolution authorizing the ~,Q~ City Manager to enter into a First Amendment to the Fiscal Year 2008-2009 (,S~ Agreement between the County of Alameda and the City of Dublin for the purpose of carrying out activities under the Community Development Block Grant Recovery Program. FINANCIAL STATEMENT: The adopted Fiscal Year 2009-2010 Budget includes funding of $19,650 (General Fund) for Project 93917 (New #939101) ADA Transition Plan. Provided that the supplemental CDBG-R Community Development Block Grant (CDBG) approvals are obtained, a Budget Change will be presented at a future meeting to increase the scope of the project by $36,760 for a total of $56,410. The Budget Change will be presented at the time a Bid is awarded and before the expenditures are incurred. BACKGROUND: In February 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA) into law. The purposes of the ARRA are as follows: (1) To preserve and create jobs and promote economic recovery. (2) To assist those most impacted by the recession. (3) To provide investments needed to increase economic efficiency by spurring technological advances in science and health. (4) To invest in transportation, environmental protection, and other i~ frastructure COPIES TO: File K: ICDBGIStimulus MoneyICDBG-RICC SR cdbg-r 7-ZI DRAFT 2.doc Page 1 of 2 ITEM NO. that will provide long-term economic benefits. (S) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. City Staff has been tracking allocations of housing-related funding coming through ARRA. One of the programs authorized under ARRA which will benefit the City of Dublin is the Community Development Block Grant-Recovery (CDBG-R) Program. Nationally, ARRA is allocating an additional one billion dollars to local entitlement jurisdictions through the CDBG-R Program. The Alameda County Urban County, a CDBG entitlement jurisdiction of which Dublin is a part, was notified in May 2009 that it would receive an allocation of approximately $525,000 in CDBG-R funding. Based on current CDBG allocation percentages from the County, Dublin's portion of the funding is $36,760. This money is considered a supplemental appropriation to the 2008-2009 CDBG allocation. As lead agency for the Urban County, the Alameda County Housing and Community Development Department (HCD) submitted to the Department of Housing and Urban Development (HUD) in early June a "Substantial Amendment" to the Urban County Action Plan to describe the Urban County's plans for the use of the CDBG-R funds. The County also publicly noticed the Substantial Amendment. HUD is expected to enter into a Standard Agreement with the County for the funds by July 20, 2009. CDBG-R funds must be under contract for CDBG-eligible uses within 120 days of execution of the Standard Agreement (i.e. by November 20th) and expended within three years (by July 2012). Due to the requirement that projects that utilize CDBG-R funds be under contract by November 2009, Staff evaluated current projects in the City's Capital Improvement Program to determine what projects are CDBG-R eligible and would be ready to be under contract by this coming November. At the time of the evaluation, the only project that met the requirements for use of the CDBG-R funds was the City's Sidewalk Safety Repair Program. This is an on-going program to construct accessible public improvements such as, sidewalks and curb ramps under the Americans with Disabilities Act (ADA). This is aCDBG-R-eligible activity and the funds will be leveraged with General Funds already allocated in the Fiscal Year 2009-2010 budget to the Sidewalk Safety Repair Program. When outlining the City's proposed project to the County for consideration, the County requested a narrative on the number of full and part-time jobs estimated to be created and retained by the activity (including permanent, construction and temporary jobs). With the CDBG-R funds, the City will be able to provide approximately 14-18 new ramps which could help keep or create 5-10 more jobs for the life of the project. Staff is proposing that the $36,760 in CDBG-R funds be allocated to the construction of ADA curb ramps under the City's Sidewalk Safety Repair Program. HUD has tentatively approved the use of Dublin's CDBG-R funds when the Substantial Amendment to the Urban County Action Plan was submitted in June. The County requires that each Urban County City sign an Amendment to the 2008-2009 Agreement between the City and the County. Although the funds will be expended in Fiscal Year 2009- 2010, the CDBG-R funds are considered a supplemental appropriation to the 2008-2009 allocation. RECOMMENDATION: Staff recommends that the City Council adopt a Resolution authorizing the City Manager to enter into a First Amendment to the Fiscal Year 2008-2009 Agreement between the County of Alameda and the City of Dublin for the purpose of carrying out activities under the Community Development Block Grant Recovery Program. Page 2 of 2 ~. i ~~- RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIRST AMENDMENT TO THE FISCAL YEAR 2008-2009 AGREEMENT BY AND BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN FOR THE PURPOSE OF CARRYING OUT ACTIVITIES UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY (CDBG-R) PROGRAM WHEREAS, the City of Dublin ("City") participates in the Community Development Block Grant ("CDBG") Program under the Housing and Community Development Act of 1974; and WHEREAS, the City currently participates in the CDBG Program as an Urban County city, per the Cooperation Agreement by and between the City and the County of Alameda ("County"), dated July 1, 2008; and WHEREAS, on February 17, 2009, President Obama signed the American Recovery and Reinvestment Act ("ARRA") into law; and WHEREAS, the ARRA authorized an additional One Billion Dollars nationally in CDBG funds to local entitlement jurisdictions under the Community Development Block Grant-Recovery ("CDBG-R") Program; and WHEREAS, the City of Dublin, as a participant in the Alameda County Urban County, will receive $36,760 in CDBG-R funds; and WHEREAS, it is necessary to amend the City's Annual Agreement with the County for Fiscal Year 2008-2009 funds to receive the CDBG-R funds; WHEREAS, a First Amendment to the Annual Agreement with the County has been prepared and specifies the City's use of CDBG-R funds. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby authorize the City Manager to enter into a First Amendment to the Fiscal Year 2008-2009 Agreement, in the form attached hereto as Attachment 1 and sign the Amendment on behalf of the City. PASSED, APPROVED AND ADOPTED this 21St day of July 2009 by the following vote: AYES: NOES: ABSENT: ~ ~ ~ ~~ f~~~ - 1 ATTACHMENT 1 J ABSTAIN: Mayor ATTEST: City Clerk K:ICDBGIStimulus MoneyICDBG-RIRESOLUTION7-21.doc -2- 1 F' .~ ~~~ FIRST AMENDMENT TO CDBG CITY/COUNTY AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA THIS FIRST AMENDMENT is made and entered into as of the day of July, 2009 by and between the COUNTY OF ALAMEDA, a body corporate and politic of the State of California, (hereinafter referred to as "COUNTY" and the CITY OF DUBLIN (hereinafter referred to as "CITY"); WHEREAS, on or about July 1, 2008 the COUNTY and CITY entered into an Agreement (Contract #3009)(hereinafter referred to as the "AGREEMENT") for CITY to perform or arrange for the performance of work under a Grant Agreement between the COUNTY and the United States Department of Housing and Urban Development (HUD), for a Community Development Block Grant (CDBG) under the Housing and Community Act of 1974; and WHEREAS, the COUNTY has also entered into a Grant Agreement with the United States Department of Housing and Urban Development (HUD), for a Community Development Block Grant -Recovery (CDBG-R), under the American Recovery and Reinvestment Act of 2009 said funds to be used for Community Development Block Grant -Recovery Programs and its eligible activities; and WHEREAS, the funding under the Recovery Act has clear purposes - to stimulate the economy through measures that modernize the Nation's infrastructure, improve energy efficiency, and expand educational opportunities and access to health care, and HUD has strongly urged grantees to use CDBG-R funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings; and WHEREAS, the COUNTY and the CITY desire to amend the AGREEMENT to include additional services and funds for CDBG-R activities: NOW, THEREFORE, the parties hereby amend the AGREEMENT as follows: 1. The Recitals to AGREEMENT are restated herein and made part of the AGREEMENT. 2. Article I, Statement of Work of the AGREEMENT is amended to read as follows: City will perform or arrange for the performance of the work under this Agreement in the manner and time provided herein and in accordance with the budget; scope of work and any specifications and drawings; and all related documents and provisions attached hereto as Exhibit A-1 and incorporated herein by reference. 3. Article II, Commencement and Completion Requirements, paragraph A is amended to read as follows: ATTACHMENT 2 ~£ A. The ternz of this Agreement begins on the 1st day of July, 2008 and ends on the 30th day of June, 2009, or when all contract terms have been completed All CDBG-R funds must be fully expended by September 30, 2012. 4. Article VI, Program Monitoring and Evaluation, paragraph, is amended to include the following additional paragraph: 3. For CDBG-R, the quarterly reports shall be due at HCD on the 7th day of the month immediately following the reporting quarter. 5. Except as otherwise set forth herein, all terms and conditions of the AGREEMENT, shall remain unmodified and in full force and effect. In the event of any conflict between the terms and conditions of the AGREEMENT, this First Amendment shall prevail. CITY OF DUBLIN By: City Manager Date Approved as to Form: By: City Attorney By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement. COUNTY OF ALAMEDA By: President, Board of Supervisors Date Approved as to Form: Richard E. Winnie, County Counsel By: Andrea L. Weddle, Senior Deputy County Counsel J ~ ~~" FIRST AGREEMENT TO AGREEMENT BY AND BETWEEN THE .CITY OF DUBLIN AND THE COUNTY OF ALAMEDA EXHIBIT A-1 CDBG-R PROJECTS 03K -Street Improvements Install 14-18 ADA-compliant curb ramps city-wide. $33,084 21A Administration Provide overall CDBG-R program administration. $3,676 TOTAL -CITY OF DUBLIN $36,760