HomeMy WebLinkAbout2001-75 - Section 108 Loan Guarantee ApplicationRESOLUTION NO. 2001-2 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE CITY MANAGER TO SUBMIT A SECTION 108 LOAN GUARANTEE
APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
WHEREAS, the City of Newport Beach has determined that a high priority exists for public
facilities improvements on a portion of the Balboa Peninsula in order to stimulate economic revitalization
and residential neighborhood improvements and that the implementation of the Balboa Village Pedestrian
and Streetscape Improvement Plan is an activity 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 up to $2.4 million in Section 108 Loan Guarantee
funds to assist with the implementation of the Balboa Village Pedestrian and Streetscape Improvement
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 by the City Council of the City of Newport Beach 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 posseses 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;
(b) Held at least one public hearing, on August 14, 2001, 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:
and
(a) Title VI of the Civil Rights Act of 1964 (Public Law 88 -352, 42 U.S.C. 2000d et seq.);
(b) The Fair Housing Act (42 U.S.C. 3601 -20).
SECTION 5. The City 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 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 its 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
(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 (HUD) 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.
(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.
SECTION 12. This Resolution shall be effective immediately upon its adoption.
Adopted this 14`h day of August 2001.
ATTEST:
City Clerk
�...1
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARIaESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2001 -75 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
14th day of August, 2001, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, O'Neil, Bromberg, Proctor, Mayor Adams
Noes: None
Absent: Ridgeway, Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of August, 2001.
(Seal)
Ok U-h- .- �(l�
City Clerk
Newport Beach, California