HomeMy WebLinkAboutRES 2002-30RESOLUTION NO. 2002 - 30-
' A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR, AUTHORIZING THE SUBMITTAL
OF A SECTION 108 LOAN GUARANTEE TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THROUGH
THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION
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WHEREAS, the City of Diamond Bar has determined that a high priority exists for the
construction of a Community/Senior Center facility; and
WHEREAS, the project consists of the construction of an approximately 22,500 square foot
Community/Senior Center building, including landscaping and parking, to be located in a portion of
Summit Ridge Park; and
WHEREAS, the City of Diamond Bar, a municipal corporation within the State of California
possesses legal authority to apply for Federal Assistance under the Housing and Community
Development Act of 1974, as amended; and
WHEREAS, the City has entered into a Cooperation Agreement with the County of Los Angeles
to join the Urban County for purposes including applying for Community Development Block Grant
funds; and
WHEREAS, the City Manager, or his designee, is authorized to submit the Section 108 Loan
Guarantee application and amendments thereto and all understandings, assurances and agreements
contained therein, and to act in connection with the application and loan documents and to provide such
additional information as may be required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. As part of the financing plan for the Community/Senior Center Project, the City
approves submitting a section 108 Loan Guarantee Application to the United States Department of
Housing and Urban Development through the County of Los Angeles Community Development
Commission to assist in funding the construction of said project.
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 to obtain the views of citizens on community
development and housing needs; and
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(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 Vl 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. 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 three consecutive years specified by the City for its CDBG program on activities which benefit
low/moderate income persons..
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 federal, state and local 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.
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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 regarding lobbying, 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).
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(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:
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.
(g) Making a good faith effort to continue to maintain a drug-free workplace thorough
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
SECTION 12. This Resolution shall be effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 16 t1bay of April , 2002.
Wen P. Chang, Mayor
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I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted, and approved at a regular meeting of the City Council
of the City of Diamond Bar held on the 16th day of April 2002, by the following vote:
AYES: COUNCIL MEMBERS: Herrera, Huff, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST: -
Lynda Burgess, City Clerk
City of Diamond Bar
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