HomeMy WebLinkAboutReso 2001-182 RESOLUTION NO. 2001 - 182
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AIViENDING THE CURRENT FISCAL YEAR
COM]VILHNqTY DEVELOPMENT BLOCK GRANT PROGRAIVI
(CDBG) ANNUAL PLAN TO INCLUDE THE NYPRO SAN
DIEGO PROJECT TO PURCHASE ENERGY-EFFICIENT
EQUIPMENT USING A SECTION 108 LOAN; AND
AUTHORIZING STAFF TO SUBMIT A SECTION 108 LOAN
GUARANTEE PROGRA1Vi APPLICATION TO THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
WHEREAS, the City of Chula Vista has determined that a high priority exists for
economic development and job creation and retention activities and that the proposed Section
108 loan to NYPRO to assist with the acquisition of equipment, to enable them to maintain their
business and workforce in Chula Vista, is an activity that meets these priorities; and
WHEREAS, any programmatic or ~mding changes to the city's Community
Development Block Grant (CDBG) Program Annual Plan require an amendment to the Plan
along with a 30-day public comment period for staff to receive public input with regard to the
Plan; and
WHEREAS, the 30-day public comment period began on May 11, 2001 and ended on
Jtme 11, 2001; 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 approximately $1.8 million in Section 108 Loan
Guarantee funds to assist with the equipment acquisition by NYPRO; 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 that the City Council of the City of Chula
Vista does hereby approve (1) amending the current fiscal year Community Development Block
Grant (CDBG) Program Annual Plan to include the NYPRO San Diego project and (2)
authorizing staff to submit a Section 108 Loan Guarantee Program Application to the United
States Department of Housing and Urban Development and additionally 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
Resolution 2001 - 182
Page 2
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;
(b) Held at least one public heating, on June 12, 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 ~mds 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. Will expend in the aggregate, at least 70 percent of all CDBG ftmds, 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:
Resolution 2001-182
Page 3
(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.
Resolution 2001 - 182 A
Page 4
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:
(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.
Resolution 2001 - 182
Page 5
SECTION 12. This Resolution shall be effective immediately upon its adoption.
Presented by Approved as to form by
Chris Salomone Jo . Kaheny c _.D
Director of Community Development J°y~Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of Jtme, 2001, by the following vote:
AYES: Councilmembers: Davis, Rindone, S alas and Horton
NAYS: Cotmcilmembers: None
ABSENT: Councilmembers: Padilla
ATTEST: Shirley Horto~ayor
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2001-182 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of June, 2001.
Executed this 12th day of June, 2001.
Susan Bigelow, City Cle~17i t-- ~