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HomeMy WebLinkAbout2020-76 CC Resolution RESOLUTION NO. 2020-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2012-13 AND 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLANS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula has participated directly within the federal Department of Housing and Urban Development (HUD) as an entitlement jurisdiction for Community Development Block Grant (CDBG) funds since July 1, 2012; B. The City of Temecula has prepared all documents, notices, and forms required by HUD for participation in the CDBG Program by entitlement jurisdictions; C. In 2012, the City was awarded by the United States Department of Housing and Urban Development ("HUD") $608,888.00 in Community Development Block Grant ("CBDG") funds for the Sam Hicks Monument Park Playground Equipment Improvement Project ("Project"). D. On April 28, 2015, the City Council approved a purchase and installation agreement with Nature Works, Inc., in the amount of $483,170 for the construction of the Project. E. Nature Works did not adequately perform under the contract, and the City advised HUD that there had been several delays with the contractor completing the Project and that the City was assessing liquidated damages on the contractor as of February 1, 2020 at $1,000 per day. The City subsequently sued Nature Works for breach of contract, specific performance, declaratory relief, conversion, and intentional interference with contractual relation. F. After consultation with HUD, on November 14, 2017, the City processed a Substantial Amendment to the 2012-13, 2015-16, 2016-17, and 2017-18 Annual Action Plans and re-programed all of the remaining funds budgeted for the Project totaling S251,516 into the Old Town Sidewalks — Boardwalk Replacement project. Specifically, the following amounts were reprogramed to the Old Town Sidewalks - Boardwalk Replacement project: 1. From the 2012-13 Program Year- $196,832.25; and 2. From the 2016-17 program year$64,684. G. On April 6, 2020, the City received a letter from HUD requesting that the City repay $412,055.75 because the Project, as it was originally designed, contracted and paid for with CDBG funds was not ultimately constructed. HUD's letter stated that the City will be able to utilize the $412,055.75 it repays for other CDBG eligible projects. H. On May 26, 2020, the City Council adopted Resolution 2020-28 regarding the repayment of$412,055.75 in funds for the Sam Hicks Monument Park Playground Project; I. On June 9, 2020, the City Council adopted the updated Citizen Participation Plan that sets forth the City's policies and procedures for citizen participation in the development of its Five-Year Consolidated Plan, Annual Action Plans, Annual Performance Reports, and any substantial amendments deemed necessary for direct administration of federal CDBG funds; J. The Citizen Participation Plan included policies and procedures for amending Annual Action Plans where CDBG-funded activities may be added or deleted, and funding for activities may be increased; K. It was determined that the changes for activities listed in Exhibit A required a substantial amendment in accordance with the City's adopted Citizen Participation Plan; L. The Substantial Amendment was presented to the City Council at a public hearing held on November 20, 2020; M. The City Council, at a regular meeting, considered the Substantial Amendment on November 20, 2020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. N. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council approved the Substantial Amendment, subject to and based upon the findings set forth hereunder. O. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The City Council, in approving the Plan hereby finds, determines and declares that: A. Pursuant to Title 24, Housing and Urban Development, of the Code of Federal Regulations, Subtitle A Office of the Secretary, Department of Housing and Urban Development, Part 91 Consolidated Submissions For Community Planning And Development Programs (24 CFR Part 91) each entitlement jurisdiction shall amend its approved Annual Action plan whenever it makes a change in the purpose, scope, location or beneficiaries of an activity and if there is an increase by$50,000 or 25%of the activity's original budget. Section 3. Environmental Findings. The proposed action on the Substantial Amendment is exempt from National Environmental Policy Act (NEPA) pursuant to the provisions of the National Environmental Policy Act and specifically 24 CFR 58.34(a)(1) 2 because the Substantial Amendment is a resource identification study and the development of plans and strategies for the prioritization and funding of proposed programs through CDBG and the proposed action involves the feasibility and planning studies to determine prioritization and CDBG funding to begin the development of certain projects. The potential projects discussed in the proposed actions that might involve physical activity will be reviewed under NEPA and the California Environmental Quality Act (CEQA) as part of the development of those projects. The proposed action is also exempt from CEQA per CEQA Guidelines Section 15262 and 15378(b)(4). Section 4. Approvals. A. The City Council hereby approves the Substantial Amendment as set forth as Exhibit A attached hereto, and any and all other documents deemed necessary by HUD to obtain the annual CDBG allocation of the federal CDBG funds and authorizes and directs the City Manager, or his designee, to serve as the Certifying Officer for all environmental review procedures associated with the various CDBG projects, and Certifying Officer for the purpose of signing correspondence, agreements, and other required documents. B. The City Council hereby approves the reprogram of the funds as set forth in Exhibit A. Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10`h day of November, 2020. ryan Edwards, Mayor Pro Tempore ATTES- : Ran , City Clerk [SEAL] 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2020-76 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of November 2020, by the following vote: AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Schwank NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None • VIP Randi Johl, City Clerk 4 Q C T>,1N 1. C.) U L> O CO CO ++ C o 3 a EQ v) >-� U ... co o C a, -o ^0 _CN N CC .Q' c,.. o CUJ E —6 _c p C Q co CL L. .) � al y '� C o E E a 0 -0 WI = a) v u Ca Z Z C C +' 0 o w 0 0.� ,,, c © rA W cn cn ro E E .0 C 0 'U C ,l a) t c vaU � E- o °_' CION t v O i 4-, N +J CO '= C _ . 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