HomeMy WebLinkAbout2000 100 CC RESO2000 100 CC RESO (Ìì ½ Ç RESOLUTION NO. 2000-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AUTHORIZING THE SUBMISSION OF A
SECTION 108 LOAN GUARANTEE APPLICATION TO THE
UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
WHEREAS, the City of Baldwin Park has determined that a high priority exists for
economic development and job creation activites and that the proposed development of
the 24-acre Lewis Retail Project is an acitivity that meets these priorities; and
WHEREAS, the proposed project is included in the City's adopted One Year
Action Plan of the Consolidated Plan: and
WHEREAS, the Section 108 Loan Guarantee program, implemented by the
United States Department of Housing and Urban Development HUD), is designed to
provide funds to assist with these types of projects; and
WHEREAS, under the Section 108 Loan Guarantee program, the City can
borrow up to five years worth of its annual Community Development Block Grant
allocation, and can take up to twenty years to repay the principal and interest; and
WHEREAS, the City is requesting a total of $6 million in Section 108 Loan
Guarantee funds to assist with the development of the 24-acre Lewis Retail project; and
WHEREAS, the City Manager is authorized to submit the Section 108 Loan
Guarantee application and amendments thereto and all understandings and assurances
contained therein, and to act in connection with the application to provide such
additional information as may be required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Baldwin Park resolves as follows:
SECTION 1. The City hereby certifies and assures with respect to its application
for a loan guarantee pursuant to Section 108 of the Housing and Community
Development Act of 1974, as amended, that it poses the legal authority to make the
pledge of grants required under 24 CFR 570.705 b) 2).
SECTION 2. As prerequisites for submission of the application to HUD, the City
certifies that it has:
a) Furnished citizens with information required by Section 570.704(a) 2)(i) of
Title 1 of the Housing and Community Development Act of 1974, as amended;
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b) Held at least one public hearing, on October 18, 2000, to obtain the views
of citizens on community development and housing needs; and
c) Prepared its application in accordance with Section 570.704(a)(1)(iv) of
Title 1 of The Housing and Community Development Act of 1974, as amended, and
made the application available to the public.
SECTION 3. The City has and will continue to follow a detailed citizen
participation plan that meets the requirements described in Section 570.704(a)(2) of
Title 1 of the Housing and Community Development Act of 1974, as amended.
SECTION 4. The City has and will continue to affirmatively further fair housing,
and the guaranteed loan funds will be administered in compliance with:
a) Title VI of the Civil Rights Act of 1964 Public Law 88-352. 42 U.S.C.
2000d etseq.); and
b) The Fair Housing Act 42 U.S.C. 3601-20).
SECTION 5. Will expend in the aggregate, at least 70 percent of all CDBG
funds, as defined in Section 570.303(e) of Title 1 of The Housing and Community
Development Act of 1974, as amended, during the one, two. or three consecutive years
specified by the City for its CDBG program on activities which benefit low/moderate
income persons, as described in criteria in Section 570.208(a) of the Act.
SECTION 6. The City has and will continue to comply with the requirements
governing displacement, relocation, real property acquisition, and the replacement of
low and moderate income housing described in Section 570.606.
SECTION 7. The City has and will continue to comply with other provisions of
the Act and with other applicable laws.
SECTION 8. The City has and will continue to Certify regarding debarment,
suspension, and other responsibility as follows:
a) The prospective recipients of the Section 108 Loan Guarantee funds and
all of their contractors will certify to the best of their knowledge and belief, that they:
1). Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency;
2). Have not within a three year period preceding approval of their
application, been convicted of or had a civil judgment rendered against them for
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commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
3). Are not presently indicted for or otherwise criminally or civilly charged
by a government entity Federal, State or local) with commission of any of the offenses
enumerated in paragraph a)2 of this certification; and
4). Have not within a three year period preceding approval of their
application, had one or more public transactions Federal, State or local) terminated for
cause or default.
SECTION 9. The City hereby assures and certifies with respect to its application
for a loan guarantee pursuant to Section 108 of the Housing and Community
Development Act of 1974, as amended, that it has made efforts to obtain financing for
the activities described herein without the use of such guarantee, that it will maintain
documentation of such efforts for the term of the loan guarantee, and that it cannot
complete such financing consistent with the timely execution of the program plans
without such guarantee.
SECTION 10. The City has and will continue to hereby certify, to the best
of it's knowledge and belief, the following:
a) 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, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any or cooperative agreement, and the extension, continuation, renewal
amendment, or modification of any /Federal contract, grant, loan or cooperative
agreement;
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 or employee of
any agency, a Member of Congress, an officer or employee of Congress, or any
employee of grant, loan or cooperative agreement, it will complete and submit Standard
Form LLL, Disclosure Form to Report Lobbying," in accordance with its instructions;
and
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c) It will require that the language of paragraph a) of this certification be
included in the award documents for all subawards at all tiers including subcontracts,
subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
SECTION 11. Continue to maintain a drug-free workplace by:
a) Publishing a statement notifying employees that the unlawful manufacture,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation
of such prohibition;
b) Establishing an ongoing drug-free awareness program to inform
employees about the following:
1). The dangers of drug abuse in the workplace;
2). The grantee's policy of maintaining a drug-free workplace;
3). Any available drug counseling, rehabilitation, and employee
assistance programs; and
4). The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
c) Making it a requirement that each employee engaged in grant activity be
given a copy of the statement required by paragraph a).
d) Notifying the employee in the statement required by paragraph a) that, as
a condition of employment under the grant, the employee will:
1). Abide by the terms of the statement; and
2). Notify the employer in writing of his or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than five calendar days after
such conviction.
e) Notifying the agency in writing, within ten calendar days after receiving
notice under subparagraph d)2 from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice, including
position and title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include the identification number(s) of
each affected grant.
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f) Taking one of the following actions, within 30 calendar days of receiving
notice under paragraph d)2, with respect to any employee who is so convicted:
1). Taking appropriate personnel action against such employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973,
as amended, and any other applicable federal and state laws; and
2). In appropriate circumstances, require an employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved for such
purpose by a Federal, State or local health, law enforcement, or other appropriate
agency.
This Resolution shall be effective immediately upon its
APPROVED AND ADOPTED this 18th day of October. 2000
SECTION 12.
adoption.
ATTEST:
I, Rosemary M. Ramirez, Deputy of the City of Baldwin Park do hereby certify
that the foregoing resolution was duly and regularly passed and adopted by the City
Council of the City of Baldwin Park at its regular meeting of the City Council October 18,
2000 by the following vote:
AYES COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: /QOj^NdLMEMBERS:
Marlen Garcia, Linda Gair, William Bill" Van
Cleave, Mayor Pro Tern Ricardo Pacheco, and
Mayor Manuel Lozano
None
None
None
Rosenyary^vl. vrifrez
Deputy City Clerk /
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