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Agenda Item No:
Meeting Date: April 6, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: City Manager Approval:
it for ublic Works (RL)
File No. 16.01.246&01.11.101
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE COOPERATION AGREEMENT
BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL TO ADD
$300,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
FOR ADA IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF
SAN RAFAEL.
RECOMMENDATION:
Adopt Resolution
BACKGROUND:
On December 8, 2008 the City of San Rafael applied for $300,000 in CDBG funds to pay for the
construction of curb ramps at various locations throughout the City. These ramps are required
under the August 2004 Settlement Agreement between the federal Department of Justice and the
City of San Rafael to address a lack of compliance with the Americans with Disabilities Act
(ADA) and related accessibility issues in City facilities and the public right-of-way. A portion of
the agreement calls for the City to construct curb ramps for each resurfacing project undertaken
since 1992, and for all future resurfacing projects. Public Works identified a backlog of
approximately 800 curb ramps, approximately 300 of which have been constructed since 2004.
The current $400,000 DOJ -ADA Curb Ramp project (#15006), approved by Council on January
5, 2009, calls for the construction of approximately 62 additional ramps.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
This is the second amendment to a March 28, 2006 Cooperation Agreement between the County
of Marin and the City of San Rafael, which identified $103,193 in CDBG funds for ADA curb
ramps. The first amendment (executed in 2007) added $300,000 to the original agreement, also
for curb ramps. As stated, this amendment adds an additional $300,000.
ANALYSIS:
The amendment between the City and the County of Marin formalizes the award of $300,000 in
CDBG funds for the curb ramp project. The total of all CDBG funds for the ongoing curb ram
project is therefore $703,193 ($103,193 + $300,000 + $300,000 = $703,193).
FISCAL IMPACT:
On January 5, 2009, the Council approved $400,000 for curb ramp design, construction and
inspection (Resolution #12639). The budget is comprised of $300,000 from CDBG and
$100,000 from the General Fund. The amendment is required for payment of the CDBG
allocation and is therefore fiscally neutral.
OPTIONS:
The City Council may choose not to approve the amendment but staff does not recommend this
option because $300,000 in alternative funding is not available.
ACTION REQUIRED:
Staff recommends that the City Council adopt the resolution approving the amendment of the
Cooperation Agreement between the Board of Supervisors and the City of San Rafael.
Enclosures (2)
1. Resolution with Exhibit "A" Amendment
2. Copy of 2009-10 CDBG Application
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO,
APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN
AMENDMENT OF THE COOPERATIVE AGREEMENT BETWEEN THE
COUNTY OF MARIN AND CITY OF SAN RAFAEL TO ADD $300,000 IN
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ADA
IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF SAN
RAFAEL.
WHEREAS, the City of San Rafael entered into a Cooperation Agreement
with the County of Marin on March 28, 2006, for the receipt of $103,193 in Community
Development Block Grant (CDBG) funds for public facility ADA improvements within
the City of San Rafael; and
WHEREAS, the City of San Rafael entered into an Amendment of the
aforementioned Cooperation Agreement with the County of Marin in 2007, for the receipt
of an additional $300,000 in CDBG funds for additional public facility ADA
improvements within the City of San Rafael; and
WHEREAS, the City of San Rafael's Department of Public Works has
applied to the County of Marin for an additional $300,000 in FY 2009-2010 CDBG funds
for additional public facility ADA improvements within the City of San Rafael; and
WHEREAS, the CDBG grant funds will be used for the City of San
Rafael's annual "ADA -DOJ Curb Ramp Project" (#15006), approved by the City Council
on January 5, 2009 (Resolution No. 12639); and
WHEREAS, approximately 62 curb ramps will be constructed with the
CDBG funds, as required by the August 2004 Settlement Agreement between the Federal
Department of Justice and the City of San Rafael; and
P
WHEREAS, the aforementioned Cooperative Agreement must be
amended in order to obtain a release of the $300,000 in CDBG funds to the City of San
Rafael for the additional public facility ADA improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Rafael hereby approves and authorizes the City Manager to execute an amendment to
the Cooperation Agreement between the City of San Rafael and the County of Marin,
dated March 28, 2006, in the form attached hereto as Exhibit "A".
I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the Council of said City held on the 6th day of April 2009, by the
following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ESTHER C. BEIRNE, City Clerk
MUM "A"
City of San Rafael - Public Works
(San Rafael ADA Compliance)
AMENDMENT2
TO
APPENDIX B
GOALS, TASKS AND OBJECTIVES
City of San Rafael - Public Works will use CDBG funds for accessibility improvements to meet
ada requirements.. The project will be completed June 2009.
The majority of clients will meet low income requirements established by the U.S. Department
of Housing and Urban Development.
AMENDMENT2
TO
APPENDIX C
BUDGET
Accessibility improvements to meet ada requirements. $300,000
This amendment increases the amount of the budget in the agreement from $403,193 to
$703,193.
WBS Element: HUD 04536-01-08
Source of Funds: Community Development Block Grant
COUNTY OF MARIN
CITY OF SAN RAFAEL - PUBLIC
WORKS
Harold C. Brown, Jr., President Albert J. Boro
Board of Supervisors Mayor
MARIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROPOSAL
2009-10
1. Project Name: San Rafael ADA Compliance 2. Total Amount Requested: $300,000
Non -housing proposals must
3. Project Sponsor: City of San Rafael specify the amount requested
from each planning area.
Contact Person: Richard Landis
Title: Public Works Administrative Manager
Mailing Address: 111 Morphew Street
P.O. Box 151560
San Rafael, CA 94915-1560
Telephone: 415-485-3354 Ext.
Fax: 415-485-3334
E-mail: Richard.landis(a)ci.san-Rafael.ca.us
For non -housing projects only:
Funds
Requested
Lower Ross Valley Planning Area
$
Novato Planning Area
$
Richardson Bay Planning Area
$
San Rafael Planning Area
$300,000
Upper Ross Valley Planning Area
$
West Marin Planning Area
$
Website (optional):
4. Project Location: (Precise street address). For housing and capital projects, include age of building and
Assessor's
Parcel Number.
This is a citywide project to make San Rafael's sidewalks, public buildings, parks, etc. accessible to
individuals with disabilities. There are therefore no specific street addresses.
5. Project Description:
The City of San Rafael entered into a 10 -year settlement agreement with the United States Department of
Justice in 2004. The agreement requires the City to comply with the Americans with Disabilities Act (ADA) as
it relates to publicly owned right-of-way (sidewalks, streets, etc.) and facilities. All requested funds are for
the construction of curb ramps that will make San Rafael's sidewalks and streets accessible to wheelchair
users. The agreement calls for the construction of approximately 800 curb ramps on those "...streets, roads,
and highways that have been constructed or altered since January 26, 1992."
6. Total Project Cost: (Include all costs for this particular project regardless of source.)
Annual cost is approximately $400,000.
Project Budget for CDBG Funds:
Budget must include an itemized estimate of how you would spend the CDBG amount you are requesting, as
accurate and comprehensive as possible. For example, land or building acquisition costs, construction costs,
remodeling costs, architectural and engineering fees, salaries, administrative expenses, etc. For rehabilitation or
construction projects, you must include a contractor's bid or other equally reliable cost estimate, using
Davis -Bacon wage rates If applicable. WARNING: If your project includes residential rehabilitation, please call
Reid Thaler at 499-6695 to learn how new federal lead paint regulations may raise the cost of your project.
We are currently finalizing specifications and bid requirements for this rehabilitation/construction project.
The engineer's estimate is $400,000. Adherence to Davis -Bacon wage rates will be mandatory.
8. Other Sources of Funds for this Project: Include amount, source, use, status, and timing of funds other than
CDBG funds, if applicable. Have you applied for the other funds? Are the other funds firmly committed for this
project?
Are Funds Date Funds Were When
Committed? Committed Available
Yes July 1, 2008 Immediately
Date
Source Use
Amount You
Applied
City of San Rafael Design,
$100,000 NIA
construction
contingency
Are Funds Date Funds Were When
Committed? Committed Available
Yes July 1, 2008 Immediately
9. Project Implementation:
Who will be responsible for implementing the project? How will it be implemented and what is the proposed schedule
for project implementation?
The Department of Public Works is responsible for project implementation. San Rafael will enter into a
contract with a construction company to install curb ramps at designated intersections throughout the City.
As stated earlier, this is an ongoing project mandated by the City's 2004 Settlement Agreement with the
Department of Justice.
10. Need for the Project:
A. Need Group
What groups or individuals will benefit from the project? What income level will you serve? How will you document
eligibility? CDBG recipients are required to provide documentation that the majority of the users have incomes at or
below the CDBG income limits. The current upper income limits for CDBG beneficiaries are shown in the table below.
Applicants for housing funds must describe how the project will ensure long-term affordability.
Household
Size
Income
Limits
1
$63,350
2
72,400
3
81,450
4
90,500
5
97,700
6
104,950
7
112,200
8
119,450
B. Proiect Rationale: Why is this project needed? Will it assist an especially needy or underserved group? For new
construction or rehabilitation, what will you do to incorporate `green building" principles?
San Rafael's curb ramp project will serve individuals with disabilities who, for purposes of this application,
are considered to be low income.
C. Accessibilitv: What steps are you taking to make this project (and your overall program) accessible to people with
physical and other disabilities?
The City will oversee the construction of approximately 800 curb ramps over a 10 -year period to improve
public right-of-way and public facility accessibility for individuals with disabilities.
For further information, please call Roy Bateman (499-6698) or Reid Thaler (499-6695). Completed applications may be
mailed to the Federal Grants Division, Marin County Community Development Agency, 3501 Civic Center Drive, Room
308, San Rafael, CA 94903-4157, or they may be hand -delivered to our office location at 65 Mitchell Boulevard, 2ntl Floor,
Suite 200-C, San Rafael. Please do not send mail to our Mitchell Boulevard location. The current year's application form
must be used. Applications sent by fax or e-mail will not be accepted. We strongly encourage applicants to limit
their responses to the space on this form. You may attach supplementary material. If you need more space for several
questions, please answer. all questions in sequence on your own paper. If you'd like to download this form as a Microsoft
Word attachment, visit www.marincdbo.com. Remember that we don't accept e-mailed or faxed applications.
DEADLINE: APPLICATIONS MUST BE RECEIVED BY FRIDAY, DECEMBER 12. 2008, AT 5 P.M.
K1WORD\2009 Cycle%CDBG Application For 2009-10.Docirb
