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AGENDA
NOTICE AND CALL OF SPECIAL MEETING
OF THE LAKEPORT CITY COUNCIL
Thursday, March 28, 2024 6:00 p.m.
City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LAKEPORT:
NOTICE IS HEREBY GIVEN that a Special Meeting of the Lakeport City Council is hereby called to be held on Thursday, March 28, 2024 at 6:00 p.m. for the purpose of discussing and acting on the following:
1. Silveira
Community
Center ADA
Improvements:
Authorize the City Manager to sign the statement of assurances and submit an application for State Community Development Block Grant Disaster Recovery /Mitigation and Resiliency Infrastructure Program Set Aside (CDBG-DR/MIT-RIP)
Adjournment:
Dated: 03/27/2024
____________________________________
Hilary Britton, Deputy City Clerk
AGENDA
NOTICE AND CALL OF SPECIAL MEETING
OF THE LAKEPORT CITY COUNCIL
Thursday, March 28, 2024
6:00 p.m.
City Council Chambers, 225 Park Street, Lakeport, California 95453 Meeting Date: 03/28/2024 Page 1 Agenda Item # 1.0
CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐
STAFF REPORT
RE: Silveira Community Center ADA Improvements MEETING DATE: 03/28/2024 SUBMITTED BY: Nicholas Walker, ACM/ Finance Director
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:
The City Council is being asked to adopt Resolution XXXX authorizing the City Manager to sign the statement of assurances and submit an application for State Community Development Block Grant Disaster Recovery /Mitigation and Resiliency Infrastructure Program Set Aside (CDBG-DR/MIT-RIP).
BACKGROUND/DISCUSSION:
Funding:
The State of California Department of Housing and Community Development (HCD) has announced the availability of funds under the CDBG-DR/MIT-RIP. This program provides funding for infrastructure projects that mitigate the impacts of future disasters and increase community resilience. The program prioritizes projects that benefit low- and moderate-income (LMI) households, address unmet recovery needs, and advance the state's climate adaptation goals.
The City of Lakeport is eligible to apply for up to $2,500,000 in CDBG-DR/MIT-RIP funds for a public facility project that meets the program requirements. The City has identified the Silveira Community Center, located at 500 N. Main Street, as a potential project for this funding opportunity. The Silveira Community Center is a public facility owned and operated by the City that provides a venue for social, recreational, educational, and cultural activities, as well as a refuge center in times of need. However, the existing facility is lacking ADA ingress/egress access and restroom facilities are outdated, poorly maintained, and inaccessible for people with disabilities. To address these challenges and enhance community resilience, the City proposes a comprehensive renovation project that will improve the accessibility, functionality, and safety of the facility.
Project:
1. Mitigation-Related Infrastructure Enhancement:
o Wildfire Risk Reduction: By renovating the facility and restrooms for ADA access, we will contribute to overall community safety during wildfire and other emergency events. Accessible facilities ensure that all individuals, including vulnerable populations, can seek refuge at the center and have access to the facility.
2. Prioritizing Vulnerable and Low-to-Moderate Income (LMI) Populations:
o Accessibility: Installing grab bars, ramps, wider doors, and lower sinks and toilets will benefit people with disabilities, seniors, and families with young children. o Equitable Access: The renovated restrooms will serve as a vital resource for low-income households lacking adequate facilities at home.
Meeting Date: 03/28/2024 Page 2 Agenda Item # 1.0
The project timeline is as follows:
• Start Date: July 1, 2024
• Completion Date: December 31, 2025
• Total Duration: 18 months
The project budget is as follows:
Item Cost
Engineering and design $175,127
Construc�on $981,393
Project Management & Construc�on Support $40,000
Project Inspec�on $25,000
Environmental $7,500
Contract Support $45,000
Total $1,274,020
OPTIONS:
1. Adopt Resolution XXXX authorizing the City Manager to sign the statement of assurances and submit an application for CDBG-DR/MIT-RIP Set Aside.
2. Do not authorize but provide direction to staff.
FISCAL IMPACT:
☐ None ☒ $1,274,020 Budgeted Item? ☐Yes ☒ No
Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☒ Other:
Comments:
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☒ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☒ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☒ Priority #6: Economic Development
SUGGESTED MOTIONS:
Move to authorize the City Manager to sign the statement of assurances and submit an application for State Community Development Block Grant Disaster Recovery /Mitigation and Resiliency Infrastructure Program Set Aside (CDBG-DR/MIT-RIP)
☒ Attachments: 1. Resolution for CDBG-DR/MIT-RIP
2. Statement of Assurances
APPENDIX D
Department of Housing and Community Development
Revised 02/03/23 2017/2018 CDBG MIT-PPS and MIT-RIP NOFA Resolution of the Governing Body
Applicants are required to use this Resolution in content and form.
RESOLUTION NO.__
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS
THERETO FROM THE 2023-2024 FUNDING YEAR OF THE STATE CDBG
MITIGATION RESILIENCE INFRASTRUCTURE (MIT-RIP) PROGRAM
BE IT RESOLVED by the of the of [ENTER
JURISDICTION NAME]_______________________________________ as follows:
SECTION 1:
The has reviewed and hereby approves the submission to
the State of California of one or more application(s) in the aggregate amount, not to exceed, of $______________ for the following CDBG-MIT activities, pursuant to the 2017/2018 CDBG MIT-PPS, and MIT-RIP NOFA:
List activities and amounts (activity totals should include Activity Delivery dollars and General Administration associated with the activity)
Activity (Infrastructure Project) Dollar Amount Being Requested for the Activity
$
$
$
$
SECTION 2:
The acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 3:
The hereby authorizes and directs the (ENTER TITLE OF DESIGNATED OFFICIAL) ___________________, or designee*, to execute and deliver all applications and act on the behalf in all matters pertaining to all such applications.
No.
NAME
APPENDIX D
Revised 02/03/23 2017/2018 CDBG MIT-PPS and MIT-RIP NOFA SECTION 4:
If an application is approved, the , or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 5:
If an application is approved, the , or designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
* Important Note: If the designee is signing any application, agreement, or any other document on behalf of the designated official of the City/County, written proof of designee authority to sign on behalf of such designated official must be included with the Resolution, otherwise the Resolution will be deemed deficient and rejected.
Additionally, do not add limitations or conditions on the ability of the signatory or signatories to sign documents, or the Resolution may not be accepted. If more than one party’s approval is required, list them as a signatory. The only exception is for county counsel or city attorney to approve as to form or legality or both, IF such approval is already part of the standard city/county signature block as evidenced by the signed Resolution itself. Inclusions of additional limitations or conditions on the authority of the signer will result in the Resolution being rejected and will require your entity to issue a corrected Resolution prior to the Department issuing a Standard Agreement.
Department of Housing and Community Development
THE
THE
APPENDIX D
Department of Housing and Community Development
Revised 02/03/23 2017/2018 CDBG MIT-PPS and MIT-RIP NOFA PASSED AND ADOPTED at a regular meeting of the of
the of ___________ held on ________ by the following vote:
Instruction: Fill in all four vote-count fields below. If none, indicate “0” for that field.
AYES: _____ NOES: _____
ABSENT: _____ ABSTAIN: _____
__________________________________
Signature and Title
[ENTER GOVERNING BODY TYPE]
STATE OF CALIFORNIA
City/County of ________________
I, __________________, City/County Clerk of the City/County of ________________, State of California, do hereby attest and certify the foregoing Resolution to be a full, true and correct copy of a resolution duly passed and adopted on the date stated thereon and that said Resolution has not been amended, modified, repealed, or rescinded since the date of adoption and is in full force and effect as of this ___ day of _____________, 20____.
__________________________________________
Name, City/County Clerk of the City/County of
_____________________, State of California
By: _____________________________________
Signature and Title
Note: The attesting officer cannot be the person identified in the Resolution as the authorized signer.
20 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF STATE / FEDERAL FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670 / 200, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
2017/2018 CDBG-MIT Application
Certifications and Statement of Assurances
The Applicant hereby certifies the following:
1. Legal Authority:
It possesses the legal authority to apply for and execute the proposed activity(s) in the application.
2. Application Authorization:
Its governing body has duly adopted or passed as an official act or resolution, motion, or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant’s chief executive officer or other designee to act in connection with the application and to provide such additional information and assurances as may be required.
3. Citizen Participation:
It has or will comply timely with all citizen participation requirements, which include, at a minimum, the following components:
A. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low- and moderate- income for which CDBG-MIT funds are proposed to be used, and provides for participation of low- and moderate- income persons associated with disaster community recovery, and B. Provides citizens with timely and ADA compliant access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by CDBG-MIT requirements as set forth in the applicable Federal Register Notice(s), and relating to the Applicant’s proposed and actual use of CDBG-MIT funds, and
C. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the Department of Housing and Community Development Authorized Signatory Initials 2017/2018 CDBG MIT-PPS & MIT-RIP NOFA
Revised: 11/1/2023
level and type of assistance to be determined by the grantee, and D. Solicits and provides for a timely written answer to written complaints and grievances, within 15 working days where practicable, and E. Identifies needs of limited-English speaking residents will be met inthe case of public hearings where limited-English speaking residents can reasonably be expected to participate.
4. National Objective:
It has developed its CDBG-MIT Program so as to primarily benefit targeted income persons and households and each activity in the program meets one of two national objectives: benefit to low- and moderate-income persons or urgent need mitigation certified by the grantee as such.
5. NEPA Environmental Review:
It consents to assume, and hereby assumes the responsibilities for environmental review and decision-making in order to ensure timely compliance with NEPA by following the procedures for recipients of block grant funds as set forth in 24 CFR Part 58, titled "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities." Also included in this requirement is compliance with Executive Order 11988 relating to the evaluation of flood hazards, Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) regarding purchase of flood insurance, and the National Historic Preservation Act of 1966 (16 USC 470) and implementing regulations (36 CFR §800.8).
6. Audit/Performance Findings:
It certifies compliance with the State Controller’s Office (SCO) to Singe Audit Package requirements set forth in 2 CFR Part 200 for prior or future awards in excess of $750,000,00.
7. Growth Control:
It certifies that there is no plan, ordinance, or other measure in effect which directly limits, by number, the building permits that may be issued for residential construction or the buildable lots which may be developed for residential purposes; or if such a plan, ordinance, or measure is in effect, it will either be rescinded before receiving funds, or it need not be rescinded because it:
Imposes a moratorium on residential construction, to protect health and safety, for a specified period of time which will end when health and safety is no longer jeopardized; or,
A. Creates agricultural preserves under Chapter 7 (commencing withSection 51200) of Department of Housing and Community Development Authorized Signatory Initials 2017/2018 CDBG MIT-PPS & MIT-RIP NOFA
Revised: 11/1/2023
Part 2 of Division 1 of Title 5 of the Government Code; or, B. Was adopted pursuant to a specific requirement of a State or multi-State board, agency, department, or commission; or,
C. The applicant is in compliance with Housing Element submission requirements found at CA Health and Safety Code 50829 (ca.gov),
8. Uniform Administrative Requirements:
It will comply with the regulations, policies, guidelines and requirements of 2 CFR Part 200 and 24 CFR Part 85 and the CDBG-DR Grant Administration Manual for 2017 and 2018 Disasters.
9. Nondiscrimination:
It shall comply with the following regarding nondiscrimination laws and practices as may be amended from time to time:
A. Title VI of the Civil Rights Act of 1964 (Public Law 88-352).
B. Title VIII of the Civil Rights Act of 1968 (Public Law 90-284) asamended; and will administer all programs and activities related to housing and community development in a manner affirmatively furthering fair housing.
C. Section 109 of the Housing and Community Development Act of 1974, as amended.
D. Section 3 of the Housing and Urban Development Act of 1968, as amended.
E. Executive Order 11246, as amended by Executive Orders 11375 and 12086.
F. Executive Order 11063, as amended by Executive Order 12259.
G. Section 504 of the Rehabilitation Act of 1973 (Public Law 93-112),as amended, and implementing regulations.
H. The Age Discrimination Act of 1975 (Public Law 94-135).
10.Anti-Displacement/Relocation:
It will comply with the Federal Relocation Act (42 U.S.C. 4601 et seq.) and the acquisition and relocation requirements of the URA, as amended, and implementing regulations at 49 CFR part 24.
Department of Housing and Community Development Authorized Signatory Initials 2017/2018 CDBG MIT-PPS & MIT-RIP NOFA
Revised: 11/1/2023
11.Labor Standards:
It will comply with the following regarding labor standards as may be amended from time to time:
A. Section 110 of the Housing and Community Development Act of 1974, as amended.
B. Section 1720, et seq. of the California Labor Code regarding public works labor standards.
C. Davis-Bacon and Related Acts as amended (40 U.S.C. §276(a)) regarding the payment of prevailing wage rates.
D. Contract Work Hours and Safety Standards Act (40 U.S.C. §3702) regarding overtime compensation.
E. Anti-Kickback Act of 1934 (41 U.S.C. §51-58) prohibiting "kickbacks" of wages in federally assisted construction activities.
12.Architectural Barriers:
It will comply with the Architectural Barriers Act of 1968 (42 U.S.C. §4151 et seq.) and implementing regulations (24 CFR Parts 40-41)
13.Conflict of Interest:
It will enforce standards for conflicts of interest which govern the performance of their officers, employees, or agents engaged in the award and administration, in whole or in part, of State CDBG-MIT grant funds (24 CFR §570.611).
14.Limitations on Political Activities:
It will comply with the Hatch Act (5 U.S.C. §1501, et seq.) regarding political activity of employees.
15.Lead Based Paint:
It will comply with the Lead-Based Paint Regulations (24 CFR Part 35) which prohibit the use of lead-based paint on projects funded with CDBG-MIT funds.
16.Debarred Contractors:
It certifies that neither the applicant or its staff are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal assistance programs, in any proposal submitted in connection with the CDBG-MIT program, per the Excluded Party List System located at https://www.sam.gov/SAM/. In addition, the applicant will not award contracts to or otherwise engage the services of any contractor while that contractor (or its principals) is debarred, suspended, proposed for Department of Housing and Community Development Authorized Signatory Initials 2017/2018 CDBG MIT-PPS & MIT-RIP NOFA
Revised: 11/1/2023
debarment, declared ineligible, or voluntarily excluded from participation from the covered transaction, in any proposal submitted in connection with the CDBG-MIT program under the provisions of 24 CFR Part 24.
17.Inspection of Grant Activities:
It will give HUD, the Comptroller General, the State Department of Housing and Community Development, or any of their authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant.
18.Cost Recovery:
It will not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG-MIT funds by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless:
A. CDBG-MIT funds received are used to pay the proportion of such fee or assessment that relates to the capital costs of public improvements that are financed from revenue sources other than CDBG-MIT funds; or B. For purposes of assisting any amount against properties owned and occupied by persons of low- and moderate-income who are not persons of very low income, that it lacks sufficient funds received from CDBG-MIT Program to comply with the requirements of this clause.
19.Procurement:
It will follow the federal procurement policies per 24 CFR §200.317 et seq.
20.Excessive Force:
It will adopt and enforce policies:
A. Prohibiting the use of excessive force by its law enforcement agencies against individuals engaged in non-violent civil rights demonstrations; and B. Enforcing applicable State and local law against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction.
21.Anti-Lobbying:
A. It certifies and agrees that 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 in connection with the Department of Housing and Community Development Authorized Signatory Initials 2017/2018 CDBG MIT-PPS & MIT-RIP NOFA
Revised: 11/1/2023
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 per 24 CFR 87.
B. 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 of employee of any agency, a Member of Congress in connection with the 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.
22.Compliance with Laws:
The Applicant will comply with all applicable laws, rules, regulations, requirements and policies and procedures governing the activities being applied for herein and all funding provided therefor.
23.Compliance with Community Block Development Grant Mitigation (CDBG-MIT) grants:
A. It certifies and agrees to comply with Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5121 et seq.), for necessary expenses related to disaster relief.
B. It certifies and agrees to comply with all applicable the Laws, Regulations, and Federal Register Notice’s - CDBG-DR Laws, Regulations, and Federal Register Notices | HUD.gov / U.S. Department of Housing and Urban Development (HUD) Department of Housing and Community Development Authorized Signatory Initials 2017/2018 CDBG MIT-PPS & MIT-RIP NOFA
Revised: 11/1/2023
I hereby certify under penalty of perjury that all information contained in this Statement of Assurances (including all supporting documentation) is true and correct. I understand and acknowledge that making false statements on this certification, including any documents submitted in support of it, is a crimeunder federal and California state laws, which may result in criminal prosecution and fines.
Printed Name of Authorized Representative (per the Resolution) Signature Title Date