HomeMy WebLinkAboutCity Council - 98-2 RESOLUTION NO. 98-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AUTHORIZING SUBMISSION OF A SECTION 108 LOAN GUARANTEE
APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
WHEREAS, the City of Huntington Beach has determined that a high priority
exists for economic development and job creation activities and that the expansion of the
Waterfront Resort project meets these priorities; and
The proposed project is included in the City's adopted One Year Action Plan of
the Consolidated Plan; and
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
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
The City is requesting a total of$6,000,000 in Section 108 Loan Guarantee funds
to assist with the expansion of the Waterfront Resort project; and
The City Administrator 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
Huntington Beach 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 posses 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 January 5, 1998, 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 et seq.); and
(b) The Fair Housing Act (42 U.S.C. 3601-20)
SECTION 5. The City of Huntington Beach 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 of 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
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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 statutes or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
3) Are not presently indicated 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 and 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 Reporting 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,
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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.
(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:
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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, Sate or local health, law
enforcement, or other appropriate agency.
SECTION 12. This Resolution shall be effective immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 5th day of ,Tanuary ,
1998
ATTEST: ,. .%
Mayor
City Clerk
APPROVED AS TO FORM:-
REVIEWED AND APPROVED: 'Xk�JC'&-7'
L� -16 ty Attorney
City nistrator INITIATED AND APPROVED:n, e
Director of Economic Development
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Res. No. 98-2
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing resolution was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council at an
regular meeting thereof held on the Sth day of January, 1998 by the following vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
cG
City Clerk and ex-officio erk of the
City Council of the City of Huntington
Beach, California
G/resoluti/reftpg/97-84