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HomeMy WebLinkAbout2022-87 CC ResolutionRESOLUTION NO. 2022-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2022-23 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN AND FINDING THE ACTIONS TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND NATIONAL ENVIRONMENTAL PROTECTION ACT (NEPA) 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. On April 26, 2022, 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; D 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; E. It was determined that the changes for activities listed required a substantial amendment in accordance with the City's adopted Citizen Participation Plan; F. The Substantial Amendment was presented to the City Council at a public hearing held on November 15, 2022; G. The City Council, at a regular meeting, considered the Substantial Amendment on November 15, 2022, 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. H. 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. 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 plans to carry out a project not previously described in the Annual Action Plan using funds covered by the Consolidated Plan, including program income, to substantially amend the purpose, scope, location, or beneficiaries of a project, and when it plans to substantially amend the allocation priorities or the method of distributing funds. 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) 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 have been reviewed under NEPA or 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. 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 150' day of November, 2022. ATTEST: Randi Jo , y Clerk [SEAL] 1 Mattor 1 1 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. 2022-87 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15'h day of November, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 4 1 SUBSTANTIAL AMENDMENT TO 2022-2023 ANNUAL ACTION PLAN A. EXECUTIVE SUMMARY The U.S. Department of Housing and Urban Development (HUD) requires all entitlement communities receiving Community Development Block Grant (CDBG) funds, such as the City of Temecula, to prepare and submit a Consolidated Plan every five years to establish a unified, strategic vision for community development, housing and economic development actions. The Consolidated Plan encompasses the analysis of local community needs and coordinates appropriate responses to those needs and priorities. The Temecula City Council adopted its most recent Five Year Consolidated Plan for Fiscal years 2022-26 on April 26, 2022 which also includes the first Action Plan of that cycle (2022-23 Annual Action Plan) on April 26, 2022. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. Per the City's Citizen Participation Plan, a Substantial Amendment to an Annual Action Plan is required when a "substantial" change is proposed, which includes: a. To carry out a project not previously described in the Annual Action Plan using funds covered by the Consolidated Plan, including program income. b. To substantially amend the purpose, scope, location, or beneficiaries of a project. c. To substantially amend the allocation priorities or the method of distributing funds. The Substantial Amendment to the 2022-2023 Action Plan is necessary because the City is proposing to carry out a project not previously described in the Annual Action Plan using funds covered by the Annual Action Plan. The City's 2022-2023 annual action plan previously accounted for the funds to be used for the "removal of architectural barriers for public right of ways in roadways, public facilities" on a capital improvement project. This Substantial Amendment No. 1 to the 2022-2023 Annual Action Plan officially assigns these funds ($331,014) identified in the Action Plan to the ADA Improvements Project at the Mary Phillips Senior Center (PW20-13). The projects current CDBG budget is $726,569.78, with the additional assignment of funds the projects total CDBG contribution is $1,057,583.78. Measure S funds in the amount of $258,425 are also being provided for the project. B. CITIZEN PARTICIPATION A Notice of Public Hearing and the commencement of the 30-day public review period was published in the newspaper on October 15, 2022, informing the public of the proposed Substantial Amendment and inviting comments at the public hearing that will be held on November 15, 2022, at City of Temecula City Council Chambers. The public review period began on October 15, 2022, and ends November 15, 2022. Citizens were able to review copies of the Draft Substantial Amendment at the Ronald H. Roberts Temecula Public Library, Temecula City Hall (City Clerk's Office and Community Development Department) City of Temecula 2022-2023 Action Plan Pg. 1 Substantial Amendment— November 15, 2022 1 and on the City's website at http://www.TemeculaCA.gov/CDBG On November 15, 2022, the Temecula City Council will hear public comments regarding the Substantial Amendment. C. CHANGES TO THE 2022-2023 ANNUAL ACTION PLAN ACTIVITIES This Substantial Amendment proposed to the following changes: Project Name CDBG Budget Proposed New CDBG Budget ADA Improvements Project (Unassigned Location) $331,014 $0 Mary Phillips Senior Center ADA Improvements (PW20-13) $726,569.78 *$1,057,583.78 *Proposed new CDBG budget does not include the proposed amount of Measure S funds to be included. Original CIP Project Description Proposed New CIP Project Description Removal of architectural barriers for public right Project funds will be assigned to remove of ways in roadways, public facilities. architectural barriers and ensure safe and proper access to those in need located at the Mary Phillips Senior Center. Project identified as (PW20-13). D. PUBLIC COMMENTS Any and all public comments made on this item will be summarized and included in the final version updated to the City's 2022-2023 Annual Action that is submitted to HUD. City of Temecula 2022-2023 Action Plan Pg. 2 Substantial Amendment— November 15, 2022