HomeMy WebLinkAboutResolution of the Community Development Commission-Housing Authority of the City of National City accepting a grant, authorizing the Executive Director to execute a Subgrant Agreement not to exceed $200,000 from the City of National City, and authorizingCITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 18, 2014
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Subgrant
Agreement not to exceed $200,000 to the Community Development Commission -Housing Authority
for the remediation of hazardous materials at 2100 Hoover Avenue - Westside Infill Transit -Oriented
Development project (Funded by the US Environmental Protection Agency).
PREPARED BY: Carlos Aguirre, Community Dev. Mgr
PHONE: 336-4391
EXPLANATION:
On October 1, 2009, the US Environmental Protection Agency (EPA) granted the City $1,000,000 to
establish the Revolving Loan Fund (RLF) for the remediation of sites contaminated with hazardous
materials and/or petroleum. Under the terms of the EPA grant, eligible recipients can receive subgrants
for the remediation of eligible sites. The Westside Infill Transit -Oriented Development project will
require environmental remediation with an estimated budget of over $1,500,000 for site remediation,
demolition, and soils removal.
DEPARTMENT: Planning/ Housing, Grants,
APPROVED BY:
& A -ice• -ri gement
The EPA has reviewed and approved the eligibility of the site and the proposed subgrant of up to
$200,000 for remediation on the Phase I site (109 units), which is owned by the Community
Development Commission -Housing Authority.
FINANCIAL STATEMENT: APPROVED: L.yi,a(,(
' Finance
ACCOUNT NO.
Revenue 001-09596-3498 Environmental Protection Agency RLF- Other Federal Grants
Expenditure 001-409-500-598-1596 WI-TOD Site Remediation
ENVIRONMENTAL REVIEW:
Not applicable.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
Not applicable.
ATTACHMENTS:
Proposed subgrant agreement.
EPA SUBGRANT AGREEMENT
(Westside Infill Transit -Oriented Development Project)
This EPA Subgrant Agreement (Westside Infill Transit -Oriented Development Project),
dated for purposes of identification only as of March 18, 2014 (the "Date of Agreement"),
is made and entered into by and between the City of National City, a public body,
corporate and politic, (the "CITY") and the Community Development Commission -
Housing Authority of the City of National City, a public body, corporate and politic, (the
"SU BGRANTEE").
RECITALS
A. The CITY is the recipient of certain funds from the United States Environmental
Protection Agency (the "EPA") which have been used to establish and administer
a revolving loan fund (the "Revolving Loan Fund") from which the CITY is
authorized to make subgrants to entities willing to undertake remediation and
mitigation of hazardous substances on brownfields.
B. The SUBGRANTEE is the owner of that certain real property generally located
at 2100 Hoover Avenue in the City of National City, California (the "Property");
the Property is depicted on the "Map" and described in the "Legal Description"
which are attached hereto as Exhibit "A" and Exhibit "B", respectively, and
incorporated herein by this reference.
C. Certain hazardous substances have been identified in the soil of the Property,
having been deposited or released thereon or therein prior to the date on which
the SUBGRANTEE acquired the Property, and the SUBGRANTEE has not
caused, contributed to, permitted or exacerbated the release of hazardous
substances on, in or from the Property, has not been subject to any penalties
resulting from environmental non-compliance related to the Property, and is not
a generator or transporter of hazardous contamination at or to the Property.
D. A Property Mitigation Plan (the "PMP"), pending final approval from the California
Department of Toxic Substances Control, prepared in accordance with the
Development Agreement, sets forth the necessary actions to remediate and
mitigate hazardous substances identified in the soil of the Property.
E, The CITY has determined that, due to the potential residual contaminants
located in the soil at the Property, a hazardous condition requires the mitigation
set forth in the "PMP" which is incorporated herein by this reference (the
"Mitigation Project") in order for Property to be redeveloped as the Apartments.
F. SUBGRANTEE, while willing to undertake the Mitigation Project, has requested
that the CITY provide a subgrant of the Revolving Loan Funds (hereinafter
defined as the "Subgrant") in order to do so.
G. The SUBGRANTEE is a public body, corporate and politic and the Property
is not listed, nor proposed to be listed, on the EPA's National Priorities List;
therefore, the SUBGRANTEE is eligible to receive the Subgrant.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES,
COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND
SUBGRANTEE AGREE AS FOLLOWS:
1. The City Manager of the CITY is authorized to act on behalf of the CITY in order
to implement or to satisfy the requirements of the EPA Cooperative Agreement.
2. The CITY has designated a qualified environmental project manager who shall
review and approve the Mitigation Project and coordinate the work to be
performed using the Revolving Loan Funds. The CITY's environmental project
manager will review the SUBGRANTEE's mitigation planning, design, and
engineering documents (the "Project Documents") and review the activities as
they are ongoing to ensure that the Mitigation Project is being completed in
accordance with all Federal, State, and local requirements and is protective of
human health and the environment.
3. The CITY shall ensure that all public participation requirements are met. This
includes public notifications, opportunities for public involvement, responses to
comments and establishing a local information repository.
4. The CITY agrees to grant to SUBGRANTEE up to Two Hundred Thousand
Dollars ($200,000.00) of Revolving Loan Funds to be used to implement the
Mitigation Project. All proceeds of the Subgrant shall be held by the CITY and
disbursed upon receipt of written invoices and documentation to the reasonable
satisfaction of the CITY.
5 The term of the subgrant shall be a period of one (1) year from the date of
the City's execution of this Agreement.
6. The SUBGRANTEE has prepared a cost estimate for the Mitigation Project
(the "Project Budget"), attached hereto as Exhibit "C", which has been approved
by the CITY.
7. The Subgrant shall be payable to the SUBGRANTEE as a reimbursement
for allowable expenses incurred based upon the progress of the work and in
accordance with the approved Project Budget.
8. The SUBGRANTEE will carry out the Mitigation Project in accordance with
the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) 104(k); Uniform Administrative Requirements for Grants and
Cooperative Agreements to States and Local Governments (40 CFR Part 31);
and all other applicable provisions of Federal, State or local law.
The SUBGRANTEE represents that none of the contractors or subcontractors
undertaking the Mitigation Project is currently suspended, debarred, or otherwise
declared ineligible for participation in this Federal program or from the receipt of
proceeds of the subject funds.
10. The SUBGRANTEE shall carry out the Mitigation Project in accordance with
the Davis -Bacon Act of 1931, which requires payment of Federal prevailing wage
rates for federally funded construction, repair or alteration work.
11. The SUBGRANTEE shall comply with Executive Order 11246, Equal
Employment Opportunity, and implementing regulations at 41 CFR 60-4 relating
to federally assisted construction contracts.
12. The SUBGRANTEE shall grant the CITY the right to enter the Property to
oversee Mitigation Project implementation at any time. Whenever possible, CITY
shall provide advance notice to SUBGRANTEE prior to entering the Property.
13. The SUBGRANTEE shall provide mitigation design and engineering
documents to the CITY's designated environmental project manager for review
and approval.
14. The SUBGRANTEE understands and agrees that all Subgrant funds provided
by CITY shall only be used to mitigate hazardous conditions within the Property.
15. The SUBGRANTEE further understands and agrees that the receipt of any
Subgrant funds and all work performed on the Property using Subgrant funds are
conditioned upon the SUBGRANTEE's full compliance with the Project
Documents and this Subgrant Agreement.
16. SUBGRANTEE agrees to document and keep separate all expenditures of the
Subgrant funds within the approved Project Budget. SUBGRANTEE shall not
exceed any of the costs shown in the approved Project Budget. It is the
responsibility of the SUBGRANTEE to pay any costs of the Mitigation Project that
exceed the Subgrant amount.
17. SUBGRANTEE shall commence work on the Mitigation Project within ninety
(90) days from the date of execution of this Subgrant Agreement and shall
complete and perform all work on the Mitigation Project in accordance with
the Description of Work.
18. All work on the Mitigation Project performed pursuant to this Subgrant
Agreement and with Subgrant funds shall be performed in a good and
workmanlike manner.
19. All changes or modification to the Mitigation Project or the Project Documents
shall be approved in writing by the C1TY's City Manager or her designee prior to
such change or modification becoming effective. All additional costs incurred as
the result of any Change Orders shall be subject to prior written approval of the
CITY. In the event that unforeseen conditions are discovered during the
Mitigation Project implementation, the CITY reserves the right to require the
SUBGRANTEE to revise the mitigation plans and the Project Documents.
20. SUBGRANTEE, at its sole cost and expense, and from sources other than
the Subgrant funds, shall be responsible for obtaining all permits, licenses,
approvals, certifications and inspections required by Federal, State or local law
and to maintain such permits, licenses, approvals, certifications and inspections
in current status during the term of this Agreement.
21. The SUBGRANTEE shall:
a. Notify the CITY when the Mitigation Project is complete. The notice shall
contain certification or documentation that the mitigation of hazardous
conditions has been performed in accordance with the terms of this
Subgrant Agreement. This closeout documentation shall summarize the
actions taken, the resources committed, the problems encountered in
completion of the Mitigation Project, if any, and document that the
Mitigation Project is complete. This documentation shall be submitted to
CITY's designated environmental project manager for review and
approval.
b. Perform all of its obligations under this Subgrant Agreement, and any
other agreements or instruments to which the SUBGRANTEE is a party
and which relate to this Subgrant Agreement or to the Mitigation Project.
22. Any forbearance by the CITY with respect to any of the terms and conditions
of this Agreement shall in no way constitute a waiver of any of CITY's rights or
privileges granted hereunder.
23. In the event of a default of any of the terms or conditions of this Subgrant
Agreement, then, the SUBGRANTEE shall forfeit use of the Subgrant funds.
24. The SUBGRANTEE agrees to maintain financial and programmatic records
pertaining to all matters relative to this Subgrant Agreement in accordance with
generally accepted accounting principles and procedures. All such records and
supporting documents shall be made available, upon request, for inspection or
audit by the CITY or its representatives. The SUBGRANTEE shall retain all of
its records and supporting documentation applicable to this Subgrant Agreement
for a period of three (3) years except records that are subject to audit findings,
which shall be retained three (3) years after such findings have been resolved.
25. The SUBGRANTEE agrees to permit the CITY or its designated representative
to inspect and/or audit its records and books relative to this Agreement at any
time during normal business hours and under reasonable circumstances and to
copy therefrom any information that the CITY desires relevant to this Agreement.
The CITY shall provide written notice to the SUBGRANTEE prior to the
implementation of this provision. The SUBGRANTEE agrees to deliver the
records or have the records delivered to the CITY or its designated
representative at an address designated by such party. If the CITY or its
representative finds that the records delivered by the SUBGRANTEE are
incomplete, the SUBGRANTEE agrees to pay the CITY or its representative's
cost to travel to the SUBGRANTEE's office or other location where the books or
records are located to audit or retrieve the complete records.
26. The SUBGRANTEE will comply with the statutes prohibiting discrimination on
the grounds of race, color, national origin, sex and disability. In addition, the
SUBGRANTEE will undertake good faith efforts to give opportunities for qualified
Small Business Enterprises (SBE), Minority Business Enterprises (MBE) and
Women -Owned Business Enterprises (WBE) to submit proposals, bids, and
provide services on contracts and subcontracts for services and supplies. The
SUBGRANTEE shall submit a report of such efforts on the City -provided form.
27. The SUBGRANTEE agrees to protect, indemnify, defend and hold harmless,
the CITY, its officers, administrators, agents, servants, employees and all other
persons or legal entities to whom the SUBGRANTEE may be liable from, for or
against any and all claims, demands, suits, losses, damages, judgments, costs
and expenses, whether direct, indirect or consequential and including, but not
limited to, all fees, expenses and charges of attorneys and other professionals,
court costs, and other fees and expenses for bodily injury, including death,
personal injury and property damage, arising out of or in connection with the
performance of any work or any responsibility or obligation of the SUBGRANTEE
as provided herein and caused in whole or in part by any act, error, or omission
of the SUBGRANTEE, its agents, servants, employees or assigns.
28. The SUBGRANTEE shall not assign or attempt to assign directly or indirectly,
any of its rights under this Subgrant Agreement or under any instrument referred
to herein without the prior written consent of the CITY.
29. This Subgrant Agreement is not intended to create or vest any rights in any
third party or to create any third party beneficiaries.
30. All amendments to this Subgrant Agreement shall be in writing and signed by
both parties hereto.
31. It is expressly understood that a failure or delay on the part of the
SUBGRANTEE in the performance, in whole or in part, or any of the terms of this
Subgrant Agreement, if such failure is attributable to an Act of God, fire, flood,
riot, insurrection, embargo, emergency or governmental orders, regulations,
priority, or other limitations or restrictions, or other similar unforeseen causes
beyond the reasonable control of such party, the failure or delay shall not
constitute a breach or default under this Subgrant Agreement; however, the
SUBGRANTEE shall use its best effort to ensure that the Mitigation Project is
completed in a reasonable time without unnecessary delay.
32. The provisions of this Subgrant Agreement shall inure to the benefit of and
be binding upon the parties hereto and their respective successors and assigns.
33. No failure of either party to exercise any power or right given it hereunder or to
insist on strict compliance by the other party with its obligations hereunder shall
constitute a waiver of the other party's right to demand at any time exact
compliance with the terms hereof.
34. All notices, requests, instructions or other documents to be given hereunder to
either party by the other shall be in writing and delivered personally or sent by
certified or registered mail, postage prepaid, to the addresses set forth in this
Subgrant Agreement. Any such notice, request, instruction or other document
shall be conclusively deemed to have been received and be effective on the date
on which personally delivered or, if sent by certified or registered mail, on the
day mailed to the parties as follows or to such other address as a party may
subsequently specify in writing to the other party:
To the CITY:
To the SUBGRANTEE:
CITY OF NATIONAL CITY
City Manager
1243 National City Boulevard
National City, California 91950
HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
Executive Director
1243 National City Boulevard
National City, California 91950
35. This Subgrant Agreement and all covenants, agreements, representations and
warranties made herein shall survive the execution of this Subgrant Agreement
and shall continue in full force.
36. If any provision or item of this Subgrant Agreement is held invalid, such
invalidity shall not affect other provisions or items of this Subgrant Agreement
which can be given effect without the invalid provisions or items, and to this end,
the provisions of this Subgrant Agreement are hereby declared severable.
37. Except for any exhibits, attachments, plats or other documents as may be affixed
hereto, made a part hereof, and properly identified herewith, this Subgrant
Agreement constitutes the entire contract between the parties, and shall not be
otherwise affected by any other purported undertaking, whether written or oral.
38. The SUBGRANTEE understands and agrees that any use of the Property or
any activity thereon which is inconsistent with the foregoing provisions is
expressly prohibited.
IN WITNESS WHEREOF, THE CITY AND THE SUBGRANTEE HAVE EXECUTED
THIS AGREEMENT ON THE RESPECTIVE DATES SET FORTH BELOW.
"CITY"
CITY OF NATIONAL CITY,
a public body, corporate and politic
Dated: , 2014 By:
Ron Morrison
Mayor
APPROVED AS TO FORM:
By:
CLAUDIA GACITUA SILVA
City Attorney
"SUBGRANTEE"
COMMUNITY DEVELOPMENT
COMMISSION -HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY,
a public body, corporate and politic
Dated: 2014 By:
Ron Morrison
Chairman
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EXHIBIT A
PROJECT LOCATION
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2.602 ACRES
201L: OS6:5PLX SPACE RESERVE
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EXHIBIT B
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL 1:
PORTIONS OF BLOCKS 107 86 85 AND 108 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA.ACCORDING TO MAP THEREOF NO. 348$ FILED IN THE OFFICE OF THE COUNTY
OCTOBERRECORDER OF A PORTION OF 21ST
SINF VCAAEACOOLDGE VENUE DESCRIBED AS FOLLOWS:.
BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 107 AS SHOWN ON THE ABOVE REFERENCED MAP
SAID POINT ALSO BEING A POINT IN THE NORTHERLY RIGHT OF WAY LINE OF 22ND STREET, HAVING A
HALF RIGHT OF WAY WIDTH OF 40.00 FEET; THENCE EASTERLY ALONG SAID LINE NORTH 7716'45` EAST
543.65 FEET
�TO A TANGENT CURVE, SAID CURVE CONCAVE NORTH WEST HApVING A RADIUS OF 20.00
2�b THENCE
EE1 TO AOCOM G SAID
UCURVE, �DHCURCENTRAL
EE ONNCA ANGLE
OWWESOT WITH A2RADIUS OF 760.0000 FEETOAND
A�RpADIAL SOUTH 84'21'25" WEST; THENCE ALONG SAID CURI�VE THROUGH A CENTRAL pANGF LE OF
HOOVER AVENUN E�WITH DISTANCEOFWIDTH' OF 40.0EET0 FEET;
THEENCE NOR�LY Ai.ONG SAID RIGHT OF WAY
NORTH 1745'42" WEST 61.65 FEET TO POINT 'A"; THENCE LEAVING SAID RIGHT OF WAY SOUTH
7212'08" WEST 182.86 FEET; THENCE NORTH 1743'08" WEST 352.88 FEET TO POINT "B"; THENCE
SOUTH 19'34'38" WEST 154.26 FEET; THENCE SOUTH 2(T46'O8" WEST 110.52 FEET; THENCE SOUTH
RAVIING A HALFT WIDTH OFEET TO 40.1 FEET;ITHENNCEHSOUTHER EASTERLY ALONG SAID RIGHT OF' AY SA4UTHUE
1748128° EAST 74.46 TO THE POINT OF BEGINNING.
EXHIBIT C
PROJECT BUDGET
Environmental Remediation-Uses
WITOD Site Remediation, Demolition, and Soils Removal $ 1,513,000
Total Uses- WITOD Demolition, Remediation, & Soils Removal $ 1,513,000
Environmental Remediation-Sources
EPA Grant (allowable remediation costs on Phase I (Parcel 1) housing site only)
City Redevelopment Funds
Site Infrastructure Agreement- City Funds
$ 200,000
$ 850,000
$ 463,000
Total Sources-WITOD Demolition, Remediation, & Soils Removal $1,513,000
RESOLUTION NO. 2014 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SUBGRANT AGREEMENT
NOT TO EXCEED $200,000 TO THE COMMUNITY DEVELOPMENT
COMMISSION -HOUSING AUTHORITY FOR THE REMEDIATION OF
HAZARDOUS MATERIALS AT 2100 HOOVER AVENUE — WESTSIDE
INFILL TRANSIT -ORIENTED DEVELOPMENT PROJECT
WHEREAS, the City of National City has been granted $1,000,000 by the United
States Environmental Protection Agency ("EPA") to assist with the remediation of properties
contaminated with hazardous materials and/or petroleum; and
WHEREAS, the Community Development Commission -Housing Authority owns a
contaminated property located at 2100 Hoover Avenue and has applied to use said grant
funding for necessary remediation; and
WHEREAS, the EPA has determined that the site and Community Development
Commission -Housing Authority are eligible to use a sub -grant of up to $200,000 from the City's
grant funds to perform said remediation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute the Subgrant Agreement by and between
the City of National City and the Community Development Commission -Housing Authority of the
City of National City granting an amount not to exceed $200,000 for remediation of hazardous
materials on the site at 2100 Hoover Avenue.
PASSED and ADOPTED this 18th day of March, 2014.
Ron Morrison, Mayor
ATTEST:
Mike Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney