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HomeMy WebLinkAbout1998 017 CC RESO1998 017 CC RESO¹òw @˜’VRESO 98-17 FEB 18 1998H+*8 RESOLUTION NO 98 17 A RESOLUTION OF THE CITY COUNCIL OF ThE CITY OF BALDWIN PARK AUTHORIZING SUBMISSION OF AN APPLICATION FOR FEDERAL SECTION 108 LOAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS; Section 1. The City Council of the City of Baldwin Pa,Z City") finds, determines and declares as follows: WHEREAS, the City Council adopted the Redevelopment Plan for a redevelopment project known and designated as the Central Business District Redevelopment Project Area" Project Area") by Ordinance No.832 of the City adopted on February 3,1982, and Sierra Vista Redevelopment Project by Ordinance No. 947, adopted July 2, 1986, and all requirements of law for and precedent to the adoption and approval of the Redevelopment Plan have been complied with; and WHEREAS, the adopted objectives of the Redevelopment Plan are: a) Eliminate the conditions of blight existing in the Project Area; b) Encourage the cooperation and participation of residents, business persons, public agencies and community organizations in the revitalization of the Project Area; c) Encourage private sector investment in the development of the Project Area; d) Promote the economic well-being of the Project Area by encouraging diversification and development of its commercial base and employment opportunities; e) Provide for the development of distinct commercial districts, to attain a consistent image and character, and to enhance their economic viability; f) Provide for the expansion, renovation, and relocation of business within the Project Area to enhance their economic viability; g) Encourage the development of residential, commercial and industrial environments which positively relate to adjacent land uses and upgrade and stabilize existing uses; h) Remove impediments to land assembly and development through acquisition and reparcelization of land into reasonably sized and shaped parcels; I) Expand the resource of developable land by making underutilized land available for redevelopment; j) Coordinate revitalization efforts in the Project Area with other public programs of the City and the surrounding area; k) Achieve an environment reflecting a high level of concern for architectural, landscape and urban design principles appropriate to the objectives of the Redevelopment Plan; I) Improve traffic circulation through the reconstruction and improvement of existing streets in the Project Area. BIB] 37175-U01 RESO-U02 98-17-U02 FEB-U02 18-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1157-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 BIB] 37426-U01 1998-U02 017-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 1998 017 CC RESO¹òw @˜’VRESO 98-17 FEB 18 1998H+*8 RESOLUTION NO. 98-17 Page 2 WHEREAS, the City Council desires, to promote business creation and neighborhood and downtown: revitalization; and WHEREAS, the City Council is interested in undertaking the promotion of economic development projects that will expand our economic base, attract new businesses, retain and expand existing businesses and create new job opportunities; and WHEREAS, the proposed project will encourage a more rational utilization of land in the Project Area and eliminate the blighting influences contributing to the deterioration of the City's commercial area; and NOW, THEREFORE, THE CITY OF BALDWIN PARK CITY), a municipal corporation, finds, determines and declares: SECTION i As part of its financing plan for the implementation of a Economic Development Plan, the City approves submitting an application for a Federal Section 108 Loan to the United States Department of Housing and Urban Development to assist in funding the implementation of said Economic Development Program. SECTION 2. Before submission of the application, the City certifies that it has: a) Furnished citizens with information required by Section 570.704(a)(2)(I); b) Held at least one public hearing to obtain the views of citizens on community development and housing nee: and c) Prepared its application in accordance with Section 570.704(a)(i)(iv) and made the application available to the public. SECTION 3. It is following a detailed citizen participation plan which meets the requirements described in Section 570.704(a)(2). SECTION 4. The City will 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 Pub. L. 88-352,42 U.S.C.2000d et seq.); and b) The Fair Housing Act 42 U.S.C. 3601-20). SECTION 5. In the aggregate, at least 70 percent of all CDBG funds, as defined in Section 570.3(e), to be expanded during the one, two, or three consecutive years specified by the public entity for its CDBG program will be for activities which benefit low and moderate income persons, as described in criteria at Section 570.208(a). SECTION 6. It will 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. It will comply with the requirements of Section 570.200(c)(2) with regard to the use of special assessments to recover the capital costs of activities assisted with guaranteed loan funds. SECTION 8. It will comply with other provisions of the Act and with other applicable laws. SECTION 9. Certification regarding debarment, suspension. and other responsibility. BIB] 37175-U01 RESO-U02 98-17-U02 FEB-U02 18-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1157-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 BIB] 37426-U01 1998-U02 017-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 1998 017 CC RESO¹òw @˜’VRESO 98-17 FEB 18 1998H+*8 RESOLUTION NO. 98-17 Page 3 1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, pr:-oposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any Federal department or agency; b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for 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; c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity Federal, State or local) with commission of any of the offense enumerated in paragraph 1)(b) of this certification; and d) Have not within a three year period preceding this application/proposal had one or more public transactions Federal, State, or local) terminated for cause or default. SECTION 10. Certification of Efforts to Obtain Other Financing. The City' hereby assures and certifies with respect to its application for a grant in accordance with Section 102 of the Department of Housing and Urban Development Reform Act of 1989, on a competitive basis according to the criteria set forth in the NOFA SECTION 11. Certification regarding lobbying and drug-free workplace requirements. To the best of its knowledge and belief, the City certifies: 1) 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 Fe:le'al contract, the making of any Federal grant, the making of a Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment or modification of any Federal contract, loan or cooperative agreement; 2) 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 3) It will require that the language of paragraph n) 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. It will continue to provide a drug-free workplace by: BIB] 37175-U01 RESO-U02 98-17-U02 FEB-U02 18-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1157-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 BIB] 37426-U01 1998-U02 017-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 1998 017 CC RESO¹òw @˜’VRESO 98-17 FEB 18 1998H+*8 RESOLUTION NO. 98-17 Page 4 1) Publishing a statements notifying employees that the unlawful manufacture, distribution, 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; 2) Establishing an ongoing drug free awareness program to inform employees about: a) The dangers of drug abuse in the workplace; b) The grantee's policy of maintaining a drug-free workplace; c) Any available drug counseling, rehabilitation, and employee assistance programs: and d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3) Making it a requirement that each employee be engaged in the grant be given a copy of the statement required by Paragraph 1; 4) Notifying the employee in the statement required by Paragraph 1 that. as a condition of employment under the grant, the employee will: a) Abide by the terms of the statement; and b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring in the workplace no later than five calendar days after such conviction; 5) Notifying the agency in writing, within ten calendar days after receiving notice under Subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position 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 notice's. Notice shall include the identification number(s) of each affected grant; 6) Taking one of the following actions, within 30 calendar days of receiving notice under Subparagraph 4(b), with respect to any employee who is so convicted: a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency; 7) Making a good faith effort to continue to maintain a drug free workplace through implementation of Paragraphs 1, 2, 3, 4, 5 and 6. SECTION 12. This Resolution shall be effective immediately upon its adoption. BIB] 37175-U01 RESO-U02 98-17-U02 FEB-U02 18-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1157-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 BIB] 37426-U01 1998-U02 017-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 1998 017 CC RESO¹òw @˜’VRESO 98-17 FEB 18 1998H+*8 RESOLUTION NO.98-17 Page 5 SECTION 13. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED AND ADOPTED This 16th day of February 1998 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No.98- 17 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting on February 16,1998. by the following vote: AYES: COUNCILMEMBERS MUSE. PACHECO. LOZANO, VAN CLEAVE, AND MAYOR LOWES NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS NONE BIB] 37175-U01 RESO-U02 98-17-U02 FEB-U02 18-U02 1998-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 FO1157-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05 BIB] 37426-U01 1998-U02 017-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1153-U03 DO1503-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 98-17-U05 FEB-U05 18-U05 1998-U05