HomeMy WebLinkAboutRES NO 128-05
RESOLUTION NO, T "2S;;; 0 5
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING THE SUBMISSION OF A
BROWN FIELDS ECONOMIC DEVELOPMENT INTIAITIVE
GRANT APPLICATION AND SECTION 108 LOAN GUARANTEE
APPLICATION TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the City of Bakersfield has determined that a high priority exists for
assistance to eligible neighborhood improvement projects in Redevelopment Project Areas that
include housing and/or retail developments and that will generate employment opportunity for
local residents, and that the proposed Mill Creek South mixed-use residential and retail
development project meets this priority; and
WHEREAS, the proposed Mill Creek South mixed-use project is included in the City's
adopted One Year Action Plan of the Consolidated Plan: and
WHEREAS, the Brownfield's Economic Development Initiative (BEDI) and the Section
108 Loan Guarantee programs, implemented by the United States Department of Housing and
Urban Development (HUD), are 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 $750,000 in BEDI funds and $3,750,000 in
Section 108 Loan Guarantee funds to assist with the development 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 Council of the City of Bakersfield
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 June 8, 2005, 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 Civii 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 CDSG 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
CDSG program on activities which benefit lowlmoderate 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;
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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
IFederal 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;
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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:
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.
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Council
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
of the City of Bakersfield at a regular meeting thereof held on
'JUN 8..2DO!..- by the following vote:
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NOES:
ABSTAIN:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER -I,\.~ - ~ ../
APPROVED
JUN 8 2IJœ
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVE L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By ~ i,~
ALLEN S AW
Deputy City Attorney
S:\Agreement\2005 RESOS\mill creek south 108 reso.doc
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