HomeMy WebLinkAbout2012/08/07 Item 06CITY COUNCIL
AGENDA STATEMENT
~wi
sib '"~`CHULAVISTA
August 7, 2012 Item
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING (1) AN AMENDMENT TO
THE FISCAL YEAR 2008/2009 HUD ANNUAL ACTION
PLAN TO RE-ALLOCATE $18,245 OF COMMUNITY
DEVELOPMENT BLOCK GRANT _RECOVERY ACT
PROGRAM FUNDS TO ELIGIBLE PROJECTS; (2)
AMENDING THE 2012-2013 CIP BUDGET AND
ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT "ADA RAMPS AT KEN LEE BUILDING AND
MISCELLANEOUS ACCESIBILITY IMPROVEMENTS
WITHIN THE CIVIC CENTER COMPLEX" (STL-391) (3)
APPROPRIATING $18,245 TO STL-391 BY
REALLOCATING THE CDBG-R FUNDING
APPROPRIATED TO THE "ADA CURB CUT PROJECT"
(STL 377); AND (4) AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS IN
THE PROJECT
SUBMITTED BY: ASSISTANT CITY MANAGER / DEVELOPMENT
SERVICES DIRECTOR ®~, G~ ~
REVIEWED BY: CITY MANAGER
4/STHS VOTE: YES ~ NO
SUMMARY
The City of Chula Vista received onetime Community Development Block Grant Recovery
Act (CDBG-R) funds from the Department of Housing and Urban Development (HUD) in
2009. The City needs to re-allocate unexpended CDBG-R funding in order to meet the strict
expenditure requirements. Therefore, a "Substantial Amendment" to the 2008-2009 Annual
Action Plan is proposed to re-allocate and appropriate $18,245 in CDBG-R funds to an eligible
project.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance
with the California Environmental Quality Act (CEQA) and has determined that the project
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August 7, 2012, Item
Page 2 of 3
qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities)
of the State CEQA Guidelines. Thus no further CEQA review or documentation is
necessary.
Additionally, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the National Environmental Policy Act (NEPA) due to the use of federal
CDBG funds, and has determined that the project qualifies for a Categorical Exclusion
(Subject to 58.5) pursuant to Title 24, CFR Section 58.35(a) as implemented by the U.S.
Department of Housing and Urban Development (HUD) Guidelines. Thus, no further NEPA
review or documentation is necessary.
RECOMMENDATION
City Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
As a Department of Housing and Urban Development (HUD) Entitlement Community, the City
received $532,136 Community Development Block Grant Recovery Act funds as a one-time
allocation. The funding has been used for five projects that are now complete. However, there
is a remaining balance of $18,245. Due to the HUD September 15, 2012 deadline to expend
the CDBG-R fund balance, the remaining funds are being re-allocated from the completed
American's with Disabilities Act (ADA) curb cut project (STL-377) to ADA ramp
improvements at the rear of the City of Chula Vista's Ken Lee Building located at 430 F
Street. The Ken Lee Building is a facility owned by the City of Chula Vista and the
improvements will benefit persons with disabilities. The improvements are needed for any
use of the building and are not related to the tenant improvements being constructed by South
Bay Community Services. Any remaining funds (if any) will be used for miscellaneous
accessibility improvements within the Civic Center Complex (STL-391), as described in
Attachment 1. The approval of this Substantial Amendment will ensure that the City meets
the HUD's CDBG-R expenditure rate and allows the Director of Public Works to expend the
fund balance. The proposed re-allocation is summarized in the following Table I:
Table I*
Accessibility Improvements (STL-391)
City Facility-Ken Lee Building Exterior-
ADA Curb Ramps Project ($18 245) ~ ADA Improvements $ ] g Z45
(STL-377) complete Redevelopment and Housing Office Door
Building 300
to CDBG-R time constraints, we cannot reprogram these funds to public services project.
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August 7, 2012, Item (o
Page 3 of 3
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that Councilman
Castaneda has property holdings within 500 feet of the boundaries of the properties which is
the subject of this action.
CURRENT YEAR FISCAL IMPACT
This action establishes a new Capital Improvement Project, STL-391 "ADA Ramps at the
Ken Lee Building and Miscellaneous Accessibility Improvements within the Civic Center
Complex" and appropriates CDBG-R Funds in the amount of $18,245, amending the
FY2012-13 CIP Program and Budget. There is no fiscal impact to the City's General Fund
as project and staff costs aze covered by the grants.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the City's General Fund as project and staff costs are
covered by the grants.
ATTACHMENTS
Attachment 1: CDBG-R Substantial Amendment
Prepared by: Jose Dorado, Project Coordinator II, Development Services, Housing Division
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING (1) AN AMENDMENT TO THE
FISCAL YEAR 2008/2009 HUD ANNUAL ACTION PLAN TO
RE-ALLOCATE $18,245 OF COMMUNITY DEVELOPMENT
BLOCK GRANT RECOVERY ACT PROGRAM FUNDS TO
ELIGIBLE PROJECTS; (2) AMENDING THE 2012-2013 CIP
BUDGET AND ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT "ADA RAMPS AT THE KEN LEE
BUILDING AND MISCELLANEOUS ACCESSIBILITY
IMPROVEMENTS WITHIN THE CIVIC CENTER COMPLEX"
(STL-391); (3) APPROPRIATING $18,245 TO STL-391 BY
REALLOCATING THE CDBG-R FUNDING APPROPRIATED
TO THE "ADA CURB CUT PROJECT" (STL-377); -AND (4)
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXPEND ALL AVAILABLE FUNDS IN THE PROJECT
WHEREAS, on June 2, 2009, the City Council approved submittal of the Community
Development Block Grant Recovery Act (CDBG-R) 2008-2009 Annual Action Plan Substantial
Amendment to the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, HUD approved the City of Chula Vista's Substantial Amendment to the
2008-2009 Annual Action Plan and entered into a Grant Agreement in the amount of $536,132;
and
WHEREAS, the City desires to amend the 2008-2009 Annual Action Plan to reallocate
and appropriate $18,245 of CDBG-R to a new Capital Improvement Project "ADA Ramps at the
Ken Lee Building and Miscellaneous Accessibility Improvements within the Civic Center
Complex" (STL-391) from the now completed ARRA funded "ADA Curb Cut Project" (STL-
377); and
WHEREAS, Federal regulations governing the HUD grant funds (CDBG, HOME and
ESG) programs state that significant programmatic and funding changes to the Plan constitutes a
Substantial amendment to the Plan; and
WHEREAS, in compliance with HUD regulations, an Action Plan Substantial
Amendment to reallocate CDBG-R funds requires a 7-day public review and comment period,
which began on July 27, 2012, and ended on August 3, 2012 with no comments received; and
WHEREAS, the Director of Public Works is authorized to expend all available funds to
meet the HUD deadline of September 15, 2012.
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Resolution No.
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE as follows:
1) That the City Council of the City of Chula Vista does hereby amend the 2008/2009
Annual Action Plan and authorizes the submission of the Substantial Amendment to the
United States Department of Housing and Urban Development.
2) That the City Council of the City of Chula Vista does hereby amend the 2012-2013 CIP
Budget and establishes a new project entitled "ADA Ramps at the Ken Lee Building and
Miscellaneous Accessibility Improvements within the Civic Center Complex" (STL-
391), asdescribed in the Substantial Amendment Exhibit A to the Staff Report.
3) That the City Council appropriates $18,245 to the ARRA fund (27412) for STL-391 by
reallocating the available balance from the completed CDBG-R "ADA Curb Cut Project"
(STL-377).
4) The Director of Public Works is authorized to expend all available funds in the STL-391
project.
Presented by
Gary Halbert, AICP, PE
Assistant City Manager/Director of
Development Services
Approved as to form by
--~ ,
en R. G_oogins
City Attorney
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ATTACHMENT 1
City of Chula Vista
Community Development Block
Grant
Recovery Act Program (CDBG-R)
DRAFT-Substantial Amendment
to the
2008/2009 Annual Action Plan
Prepared by:
CITY OF CHULA VISTA
Redevelopment
erHousing
Contact Person: Jose Dorado, Project Coordina-
tor
276 Fourth Avenue, Chula Vista, CA 91910
Telephone: (619) 476-5375
Facsimile: (619) 585-5698
www.chulavistaca.gov/cvrh
August 2012
DRAFT-CDBG-R SUBSTANTIAL AMENDMENT
Jurisdiction(s): City of Chula Vista
Jurisdiction Web Address:
• ivww.chulavistaca.gov/cvrh
CDBG-R Contact Person: Jose A. Dorado
Address: 276 Fourth Avenue
Telephone: 619-476-5 3 75
Fax: 619-585-5698
Email: idorado(a)ci.chula-vista.ca.us
ENSURING RESPONSIBLE SPENDING OFRECOVERYACT FUNDS
Funding available 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. HUD strongly urges 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. While the full range of CDBG activities is
available to grantees, the Department strongly suggests that grantees incorporate consideration of
the public perception of the intent of the Recovery Act in identifying and selecting projects for
CDBG-R funding.
A. SPREADSHEET FOR REPORTING PROPOSED CDBG R ACTIVITIES
Grantees must provide information concerning CDBG-R assisted activities in an electronic
spreadsheet provided by HUD. The information that must be reported in the spreadsheet
includes activity name, activity description, CDBG-R dollaz amount budgeted, eligibility
category, national objective citation, additional Recovery Act funds for the activity received
from other programs, and total activity budget. An electronic copy of the spreadsheet and the
format is available on HUD's recovery website at http://www.hud.aov/recovery.
PLEASE REFER TO ATTACHMENT I OF THIS SUBSTANTIAL AMENDMENT
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B. CDBG-R INFORM~3TIONBYACTIVITY(COMPLETEFOREACHACTIVIT'Y~
(1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet
for Reporting Proposed CDBG-R Activities -this will allow HUD to easily match activity narratives
with the information provided in the spreadsheet.)
- NEWAccessibility Improvements to Public Buildings that serves low and moderate
income persons
- COMPLETED ADA Curb Ramps
- COMPLETED-Eucalyptus Park Right of Way & Park Entrance Accessibility
Improvements
- COMPLETED-Chula Vista Family Health Center building improvements
- COMPLETED-Family Health Centers of San Dzego-Mobile Medical Unit
- COMPLETED- Third Avenue Streetscape Design
(2) Activity Narrative:
In addition to the Spreadsheet for Reporting Proposed CDBG-R Activities, grantees must
provide a narrative for each activity describing how the use of the grantee's CDBG-R funds will
meet the requirements of Title XII of Division A and Section 1602 of ARRA. The grantee's
narrative must also state how CDBG-R funds will be used in a manner that maximizes job creation
and economic beneftt in relation to the CDBG-R funds obligated, and will address the Recovery Act,
by:
• Preserving and creating jobs and promoting economic recovery;
• Assisting those most impacted by the recession;
• Providing investment needed to increase economic efficiency;
• Investing in transportation, environmental protection, or other infrastructure that will
provide long-term economic benefits;
• Minimizing or avoiding reductions in essential services; or
• Fostering energy independence.
Response: Projects approved by the City maximize job creation/retention and economic
benefit through investment in infrastructure improvements and public services that will
provide along-term benefit. These projects will spur economic growth by putting people
back to work as the unemployment rate in Chula Vista has grown substantially over the
last year. The highest number of jobs that have been cut during this time period have
been those related to the construction industry due to the slowdown in new home
construction and number of building permits issued. The City's CDBG-R projects will
address the employment issues, and will make a significant impact to the City in
providing employment opportunities. The Kid Care Express Mobile Medical Unit will
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provide access to free and low cost health services and meets the Recovery Act goal to
assist those most impacted by the Recession. Please refer to number 4 below and
Attachment 1 for a more detailed description of each activity.
(3) Jobs Created: (Report the number of full- and part-time jobs estimated to be created and retained by
the activity (including permanent, construction, and temporary jobs)).
Response: Activity -
7obs estimated created or retained per project (to the greatest extent feasible) are listed
below:
- NEW Accessibility Improvements to Public Building who serve low and moderate
income persons .5 job(s) created/retained
- ADA Curb Cut Infrastructure Project
3 jobs retained/5 jobs created
- Eucalyptus Park Right of Way and Park Entrance Improvements
2 retained/3 jobs created
- Family Health Center of San Diego-Mobile Medical Unit 1 job retained
- Chula Vista Family Health Center Interior Building Improvements 2 jobs retained
- Third Avenue Streetscape Design
2 jobs retained
(4) Additional Activity Information (A description of how the activity will promote energy
conservation, smart growth, green building technologies, or reduced pollution emissions, if
applicable.)
- New ADA Ramps at the Ken Lee Building (430 F Street) and Miscellaneous
Accessibility Improvements within the Civic Center Complex (STL-387) $18,245:
CDBG-R funding will be used to install needed accessibility improvements (i.e.
ramps) on the rear entrance of the Ken Lee Building located at 430 F Street. The
improvement would provide an ADA accessible exit for building. Any remaining
funds will be used for a push button door to be installed at the Redevelopment and
Housing Office. This CDBG-R project will also provide employment for those
working on this infrastructure project.
- Completed ADA Curb Cut Project ($156,755): The proposed project would provide
installation and construction of an estimated 100 of Americans with Disabilities Act
(ADA) compliant curb ramps. This project will improve and increase pedestrian
safety for the physically challenged. The ramp locations have been selected in
accordance with the City of Chula Vista's ADA Curb Cuts priority list, which was
adopted by the City Council in February 2008 to update the City's ADA Transition
Plan. Only those locations that aze within CDBG-eligible low/moderate income
areas in western Chula Vista are selected. This CDBG-R project will also provide
employment for those working on this infrastructure project.
3
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- Completed Eucalyptus Park Right of Way & Park Entrance Accessibility
Improvements ($200,222): CDBG-R funding will be used to install needed
accessibility improvements (i.e. sidewalk, pedestrian ramps,etc.) on the south side of
"C" Street, between Fourth and Fifth Avenues, in order to complete the pedestrian
access route (PAR) along a city park frontage between Fourth and Fifth Avenues and
to provide Americans with Disabilities Act-compliant access from the PAR to the
park's entry points. This CDBG-R project will also provide employment for those
working on this infrastructure project.
- Completed The Family Health Center of San Diego's Kid Care Express
Program $17,000- preserves a job for a public service that serves low income
households. The availability of low cost health care to low income families continues to
be a burden since so many persons are without employment and no longer have health
care coverage. This project will spur economic growth by allowing low income
residents to use the funds that would be spent on health services. back into the economy.
• The unemployment rate in Chula Vista has grown substantially over the last year.
Many industries have been affected by the downturn in the economy especially
the construction industry due to the slowdown in new home construction and
number of building permits issued. Many of these workers lost health caze
coverage.
• This CDBG-R project will provide employment, and will make a significant
impact to low income residents by assisting those most impacted by the recession.
This project also provides increased health care services, and fosters energy
savings by accessing health care in neighborhoods. In addition, accessing health
care at the mobile medical unit, persons are provided with information on various
health care plans with some at little or no cost.
- Completed Chula Vista Family Health Center Facility Expansion Project
($103,000): One-time funding will be used to convert an unused portion of the clinic
into offices and examination rooms. This will increase the clinic square footage by
700 square feet, allowing for an additional 3 physicians to tend to patients. An
additional 300 patients will be served. This project also provides increased health care
services.
- Completed Third Avenue Streetscape (Design) $40,910: This project will improve
and increase the walkability and pedestrian safety of this neighborhood with new
lighting, sidewalks and access ramps. Through the public outreach process, residents
have stated that the poor infrastructure in this area has limited their ability to walk,
bicycle ride, access transportation hubs, and/or shop at the local neighborhood
businesses. These improvements will eliminate some of the architectural barriers;
poor infrastructure, that will, in turn allow people to leave their cars and reduce air
pollution by promoting bicycle riding and walkability. This CDBG-R project will
also provide employment for those working on the project design.
4
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(5) Res onsible Or anization: (Contact informafion for the organization that will implement the
CDBG-R activity, including its name, location, and administrator contact information)
New: ADA Ramps at the Ken Lee Building (430 FStreet) and Miscellaneous
Accessibility Improvements within the Civic Center Complex (STL-387):
Contact: Jose A. Dorado, Project Coordinator
City of Chula Vista
Redevelopment and Housing
276 4`h Avenue
Chula Vista, CA 91910
T: 619-476-5375
F: 619-585-5698
Questions regarding completed projects, please contact the same person listed above.
Provide a summary of public comments received to the proposed CDBG-R Substantial
Amendment.
Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods
and posted on the jurisdiction's website for no less than 7 calendar days for public comment.
Response: City of Chula is undertaking a new activity to meet the ARRA expenditure
standard. Reasonable notice is being provided for the public to comment on this
proposed substantial amendment to the 2008/2009 Action Plan. A Public Notice for
comments on the substantial amendment is being published in summary form in the Star
News, the newspaper of general circulation for Chula Vista; on July 27, 2012 through
August 3, 2012. The notice includes a description of the contents and purpose of the
substantial amendment. Copies of the proposed amendment are being made available at
the City of Chula's Redevelopment and Housing website and office. A summary of
public comments (if any) and responses will be included after August 7, 2012 Council
Meeting.
C. AUTHORIZEDSICNATURE
By signing this application, I certify (1) to the statements contained in the list of certifications
and (2) that the statements herein are true, complete, and accurate to the best of my knowledge. I
also provide the required assurances and agree to comply with any resulting terms if I accept an
award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to
criminal, civil, or administrative penalties. (iJ.S. Code, Title 218, Section 1001)
Signature/Authorized Official
City Manager
Date
6-11
CDBG-R Substantial Amendment
Grantee Checklist
For the purposes of expediting review, HUD asks that applicants submit the following checklist
along with the CDBG-R Substantial Amendment, Spreadsheet for Reporting Proposed CDBG-R
Activities, and SF-424.
City of Chula Vista
Lead Agency
Jurisdiction Web Address:
• www.chulavistaca.QOV/cvrh
CDBG-R Contact Person: Jose A. Dorado
Address: 276 Fourth Avenue
Telephone: 619-476-5 3 75
Fax: 619-585-5698
Email: jdorado(c~ci.chula-vista.ca.us
The elements in the substantial amendment required for the CDBG recovery funds are:
A. SPREADSHEET FOR REPORTING PROPOSED CIJBG-R ACTIVITIES
Does the submission contain a paper copy of the Spreadsheet for Reporting Proposed CDBG-R
Activities?
Yes® No^ Verification found on page Attachment 1
Does the submission include an electronic version of the Spreadsheet for Reporting Proposed
CDBG-R Activities sent to the email box CDBG-R@hud.gov?
Yes® No^ Date Spreadsheet was emailed:
Does the Spreadsheet for Reporting Proposed CDBG-R Activities include, for each activity:
• amount of funds budgeted for each activity, including CDBG-R funds, any additional Recovery
Funds used and total activity budget,
Yes® No^ Verification found on page(s) Attachment 1
• the Eligibility citation (eligibility regulatory cite or HCDA cite),
Yes® No^ Verification found on page(s) Attachment 1
• the CDBG national objective citation,
Yes® No^ Verification found on page(s) Attachment 1
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B. CDBG-R INFORMATIONBYACTIVITY
Does the submission contain information by activity describing how the grantee will use the funds,
including:
• a narrative for each activity describing how CDBG-R funds will be used in a manner that
maximizes job creation and economic benefit,
Yes® No^ Verification found on page(s) 33=4
• projected number of jobs created for each activity,
Yes® No^ Verification found on page(s) 33=4
• whether an activity will promote energy efficiency and conservation,
Yes® No^ Verification found on page(s) 3_4
• the name, location, and contact information for the entity that will carry out the activity,
Yes® No^ Verification found on page(s) 5
• evidence that no more than 10% of the grant amount will be spent on administration and
planning,
Yes^ No^ Verification found on page (s) N/A
• evidence that no more than 15% of the grant amount will be spent on public services,
Yes® No^ Verification found on page (s) Attachment 1
• evidence that at least 70% of the grant amount will benefit persons of low and moderate income,
Yes® No^ Verification found on page (s) Attachment 1
C. PUBLIC COMMENT PERIOD
Was the proposed action plan amendment published via the jurisdiction's usual methods and on
the Internet for no less than 7 calendar days of public comment?
Yes® No^. Verification found on page(s) 5
Is there a summary of citizen comments included in the final amendment?
Yes® No^ Verification found on page(s) 5
D. CERTIFICATIONS
The following certifications are complete and accurate
(1) Affirmatively furthering fair housing Yes® No^
(2) Anti-displacement and relocation plan Yes® No^
(3) Drug-free Workplace Yes® No^
(4) Anti-lobbying Yes® No^
(5) Authority of jurisdiction Yes® No^
(6) Consistency with plan Yes® No^
(7) Section 3 Yes® No^
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(8) Community development plan Yes ® No ^
(9) Following a plan Yes ® No ^
(] 0) Use of Funds Yes ® No ^
(11) Excessive Force Yes ® No ^
(12) Compliance with anti-discrimination laws Yes ® No ^
(13) Lead-based paint procedures Yes ® No ^
(14) Compliance with laws Yes ® No ^
(15) Compliance with ARRA Yes ® No ^
(1~ Project selection Yes ® No ^
(17) Timeliness of infrastructure investments Yes ® No ^
(18) Buy American provision Yes ® No ^
(19) Appropriate use of funds for infrastructure investments Yes ® No ^
(20) 70% of CDBG-R for LMI Yes ® No ^
Optional Certification
(21)UrgentNeed Yes^ No®
D. STATE CERTIF7CAT70NS NOTAPPLICABLE
The following certifications are complete and accurate
(I) Affirmatively furthering fair housing Yes ^ No ^
(2) Anti-displacement and relocation plan Yes ^ No ^
(3) Drug-free Workplace Yes ^ No ^
(4) Anti-lobbying Yes ^ No ^
(5) Authority of State Yes ^ No ^
(6) Consistency with plan Yes ^ No ^
(7) Section 3 Yes ^ No ^
(8) Community development plan Yes ^ No ^
(9) Consultation with Local Governments Yes ^ No ^
(10) Use of Funds Yes ^ No ^
(11) Excessive Force Yes ^ No ^
(12) Compliance with anti-discrimination laws Yes ^ No ^
(13) Compliance with laws Yes ^ No ^
(14) Compliance with ARRA Yes ^ No ^
(15) Project selection Yes ^ No ^
(16) Timeliness of infrastructure investments Yes ^ No ^
(17) Buy American provision Yes ^ No ^
(18) Appropriate use of funds for infrastructure investments Yes ^ No ^
(19) 70% of CDBG-R for LMI Yes ^ No ^
Optional Certification
(20) Urgent Need Yes^ No^
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CERTIFICATIONS
(1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing,
which means that it will conduct an analysis to identify impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that
analysis, and maintain records reflecting the analysis and actions in this regard.
(2) Anti-displacement and relocation plan. The jurisdiction will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24; and it has in
effect and is following a residential anti-displacement and relocation assistance plan required under
section 104(d) of the housing and Community Development Act of 1974, as amended, in connection with
any activity assisted with funding under CDBG-R.
(3) Drug Free Workplace. The jurisdiction will or will continue to provide adrug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless the
Federal agency has designated a central point for the receipt of such notices. Notice shall include
the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
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(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs I, 2, 3, 4, 5 and 6.
(4) Anti-lobbying. To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
(5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs
for which it is seeking funding, in accordance with applicable HUD regulations and other program
requirements.
(6) Consistency with Plan. The housing activities to be undertaken with CDBG-R funds are consistent
with its consolidated plan.
(7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701 u), and implementing regulations at 24 CFR part 135.
(8) Community development plan. The jurisdiction certifies that the consolidated housing and
community development plan identifies housing and community development needs and specifies both
short-term and long-term community development objectives that have been developed in accordance
with the primary objective of the statute authorizing the CDBG program.
(9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved
by HUD.
(10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority
to activities that will benefit low- and moderate-income families or aid in the prevention of slums or
blight. Additional activities may be included that are designed to meet other community development
needs having particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community where other financial resources are not available to meet such needs
It has complied with the following criteria:
2
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1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R
funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to
activities which benefit low and moderate income families or aid in the prevention or elimination
of slums or blight. The Action Plan may also include activities which the grantee certifies aze
designed to meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the community,
and other financial resources are not available);
2. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG-R funds by assessing any amount against properties owned
and occupied by persons of low- and moderate-income, including any fee chazged or assessment
made as a condition of obtaining access to such public improvements. However, if CDBG-R
funds are used to pay the proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG-R funds) financed from other revenue sources,
an assessment or charge may be made against the property with respect to the public
improvements financed by a source other than CDBG-R funds. The jurisdiction will not attempt
to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG-
R funds are used to pay the proportion of fee or assessment attributable to the capital costs of
public improvements financed from other revenue sources. In this case, an assessment or charge
may be made against the property with respect to the public improvements financed by a source
other than CDBG-R funds. In addition, with respect to properties owned and occupied by
moderate-income (but not low-income) families, an assessment or charge may be made against
the property with respect to the public improvements financed by a source other than CDBG-R
funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment.
(11) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy
prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable
State and local laws against physically barring entrance to or exit from a facility or location that is the
subject of such non-violent civil rights demonstrations within its jurisdiction.
(12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair
Housing Act (42 U.S.C. 3601-3619), and implementing regulations.
(13) Compliance with -ead-based paint procedures. The activities concerning lead-based paint will
comply with the requirements of part 35, subparts A, B, J, K, and R of this title.
(14) Compliance with laws. The jurisdiction will comply with applicable laws.
(15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the
American Recovery and Reinvestment Act of 2009.
(16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects
that can awazd contracts based on bids within 120 days from the date the funds aze made available to the
recipient, and that will ensure maximum job creation and economic benefit.
(17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for
infrastructure investments, the grantee will give preference to quick-start and finish activities, including a
goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery
Act.
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(18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods
used in construction, alteration, repair, or maintenance of a public building or public work project assisted
with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary
finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably
available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the
project cost by more than 25 percent.
(19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief
executive, as appropriate certifies, that any infrastructure investments have received the full review and
vetting required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official
certifies that infrastructure investments will receive the full review and vetting required by law and that
the chief executive accepts responsibility that the infrastructure investment is an appropriate use of
taxpayer dollazs.
(20) 70% of CDBG-R for LMI. The aggregate use of CDBG-R funds shall principally benefit persons
of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for
activities that benefit such persons over the life of the CDBG-R grant.
Signature/Authorized Official
Title
Date
4
6-18
OPTIONAL CERTIFICATION
CDBG-R
Submit the following certification only when one or more of the activities in the action plan aze designed
to meet other community development needs having a particular urgency as specified in 24 CFR
570.208(c):
Where the urgent need is the current economic conditions, the grantee certifies that the activity is
alleviating current economic conditions which pose a threat to the economic welfare of the
community in which the activity is being carried out, the recipient is unable to finance the activity on
its own, and other sources of funding are not available.
Signature/Authorized Official
City Manager
Title
Date
6-19
n~M~n ~... _a,..e:n.a
Jurisdiction/Grantee Name: Ci ty of Chula Vista CDBG-R Fomula Grant Amount: $536, 132 Date: 8/07/2012 Council Meeting
Family Health Center of San Diego's (FHCSD) Kid Care Express Mobile 570.208 (a)(i)
Medical Unit (MMU) program provitles needed high-quality primary
570.201(E) Activities Benefiting
Kid Care Express health care services to low income and medically underserved children
Health Services Low-and Moderate
and their families within the City of Chula Vista. The MMU #3 serves all Income Persons-
ofthe City of Chula Vista in general, but focuses on low-income census Limited Clientele
tracts. This is done by bringing the MMU to locations where residents
already are: schools, social service agencies, and store parking lots. $17,000 $ - $ - $ 17 000
LMC: 570.208
Eucalyptus Park Righ[ of Way Accessibility improvements (i.e. sidewalk, pedestrian ramps, etc) along 570.201(c) (a)(2)(D) Activities
and Park Entrance the south side of C Street between Fouth and Fifth Avenues. This will public Benefting Low-and
Accessibility Improvements complete the pedestrian access route (PAR) along a City park frontage Improvements Moderate Income
and to provide American's with Disabilities Act-compliant access points Persons-Limited
from the PAR to the park's entry points. Clientele $ 156,755 $ - $ - $ 156,755
Design and installation of Americans with Disabilities Act (ADA) curb LMA: 570.208 (a)(i)
ramps in CDBG eligible low and moderate income census tracts, The 570.201(C) Activities Benefting
ADA Curb Cut Project ramp locations have been selected using in accordance with the City's Public Low-and Moderate
ADA Curb Cut Priority List, which was adopted by City Council in Improvements Income Persons-
February 2008 to update the City's ADA Transition Plan Area beneft $ 200,222 $ - $ - $ 200,222
Chula Vista Family Health Centers Facility Expansion Project includes LMC: 570.208
one time funding to convert an unused portion of the clinic into offices 570.201(c) (a)(2)(B) Activities
Chula Vista Family Health and examination rooms. This will increase the clinic square footage by public Benefting Low-and
Center Facility Expansion 700 square feet, allowing for an additional 3 physicians to tend to Improvements Moderate Income
patients. An additional 300 patients will served. Persons-Limited
Clientele $ 103,000 $ $ $ 103,000
- un s were use or esgn o accessr r r y rmprovemen s an
removal of architectural barriers improvements along Third Avenue. Due to
the CDBG-R expenditure requirements, CDBG-R funds were re-allocated to LMA: 570208 (a)(1)
shovel ready projects. The Project will be completed using other funding 57Q.201(C) Activities Benefting
Third Avenue Street Scope sources including San Diego Association of Governments funds ($2rn), a Public Low-and Moderate
commitment of $800,000 ofCily Redevelopment funding, and other funding Improvements Income Persons-
sources. Scheduled completion for Phase I is February 2013, using non-ARAA Area benef[
funding. $ 40,910 $ - $ - $ 40,910
ADA Ramps at the Ken Lee Building (430 F Street) and Miscellaneous LMC: 570.208
Accesibility Improvement [o Accessibility Improvements within the Civic Center Complex (STL-387): (a)(2)(B) Activities
Ken Lee Building 430 F Slreel CDBG-R funding will be used to install needed accessibility improvements (i.e. 570.201(C) genefiing Low-and
antl to Civic Center 276 Fourth ramps) on the rear entrance of the Ken Lee Building located a[ 430 F Street. Public Moderate Income
Avenue (Building 300 The improvement would provide an ADA accessible exit for building. Any Improvements persons-Limited
Redevelopment and Housing) remaining funds will be used far a push button door to be installed at the Clientele
Redevelopment and Housing Off ice $ 18,245 $ - $ - $ 18,245
Totals $536,132 $ - $ - 8536,132
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