HomeMy WebLinkAboutResolution No. 96-C1550
RESOLUTION NO. 96-C155
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA AUTHORIZING SUBMISSION OF AN
APPLICATION FOR A SECTION 108 LOAN GUARANTEE
TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT THROUGH THE LOS
ANGELES COUNTY COMMUNITY DEVELOPMENT
COMMISSION
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY DETERMINE
AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Azusa ("City") finds, determines and declares
as follows:
WHEREAS, the Council adopted the Redevelopment Plan for a redevelopment
project known and designated as the "Central Business District Redevelopment Project
Area" ( "Project Area") by Ordinance No. 2062 of the City adopted on September 18,
1978, amended by Ordinance No. 2077 by the City on July 2, 1979, Ordinance No. 2113
on July 20, 1981, Ordinance No. 2197 on November 28, 1983, Ordinance No. 2249 on
December 17, 1984, and by Ordinance No. 2250 on December 17, 1984, and amended
and merged by Ordinance No. 3282 adopted by the City on November 8, 1988, and all
requirements of law for and precedent to the adoption and approval of the Redevelopment
Plan have been compiled with; and
WHEREAS, the adopted objectives of the Redevelopment Plan are:
(a) Eliminate the conditions of blight existing in the Project Area;
(b) Encourage the cooperation and participation of residents, business persons, public
agencies and community organizations in the revitalization of the Project Area;
(c) Encourage private sector investment in the development of the Project Area;
(d) Promote the economic well-being of the Project Area by encouraging
diversification and development of its commercial base and employment
opportunities;
(e) Provide for the development of distinct commercial districts, to attain a consistent
image and character, and to enhance their economic viability:
(f) Provide for the expansion, renovation, and relocation of business within the
Project Area to enhance their economic viability;
(g) Encourage the development of residential, commercial, and industrial
environments which positively relate to adjacent land uses and upgrade and
stabilize existing uses;
(h) Remove impediments to land assembly and development through acquisition and
reparcelization of land into reasonably sized and shaped parcels;
(I) Expand the resource of developable land by making underutilized land available
for redevelopment;
(j) Coordinate revitalization efforts in the Project .Area with other public programs of
the City and the surrounding area;
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(k) Achieve an environment reflecting a high level of concern for architectural,
landscape and urban design principles appropriate to the objectives of the
Redevelopment Plan;
(1) Improve traffic circulation through the reconstruction and improvement of
existing streets in the Project Area.
WHEREAS, on August 19, 1996 the City Council of the City of Azusa approved
the Downtown Azusa Concept Plan located within the Redevelopment Project Area; and
WHEREAS, the Project, generally bounded by Azusa Avenue between the 210
Freeway to the south, and Ninth Street to the north and along Foothill Boulevard between
Alameda and San Gabriel Avenues is blighted area currently comprised of underutilized
commercial, service and residential properties, deteriorated structures and vacant lots; and
WHEREAS, the proposed project consists of the revitalization of the city's
historic downtown area; and
WHEREAS, the proposed project will encourage a more rational utilization of
land in the Project Area and eliminate the blighting influences contributing to the
deterioration of the City's commercial area; and
WHEREAS, the proposed project will provide new commercial opportunities to
area residents, an improved environment and will become a strong complement to the
City; and
NOW, THEREFORE, THE CITY OF AZUSA (City), a municipal corporation, finds,
determines and declares:
SECTION I. As part of its financing plan for implementing the Downtown Concept
Plan -the Downtown Azusa Revitalization Program, 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 program.
SECTION II. Before submission of the application, the City certifies that it has:
(A) Furnished citizens with information required by Section 570.704(a)(2)(I);
(B) Held at least one public hearing to obtain the views of citizens on community
development and housing needs; and
(C) Prepared its application in accordance with Section 570.704(a)(I)(iv) and
made the application available to the public.
SECTION III. It is following a detailed citizen participation plan which meets the
requirements described in Section 570.704(a)(2).
SECTION IV. The City will 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 (Pub. L. 88-352,42 U.S. C. 2000d et
seq.); and
(B) The Fair Housing Act (42 U.S.C. 3601-20).
SECTION V. In the aggregate, at least 70 percent of all CDBG funds, as defined in
Section 570.3(e), to be expanded during the one, two, or three consecutive years specified by the
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public entity for its CDBG program will be for activities which benefit low- and moderate -
income persons, as described in criteria at Section 570.208(a).
SECTION VI. It will 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 VII. It will comply with the requirements of Section 570.200(c)(2) with
regard to the use of special assessments to recover the capital costs of activities assisted with
guaranteed loan funds.
SECTION VIII. It will comply with other provisions of the Act and with other applicable
laws.
SECTION IX. Certification regarding debarment, suspension, and other responsibility.
(1) The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transaction by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal 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 statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offense enumerated
in paragraph (1) (b) of this certification; and
(d) Have not within a three year period preceding this application/proposal had
one or more public transactions (Federal, State, or local) terminated for cause or default.
SECTION X. Certification of Efforts to Obtain Other Financing
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 XI. Certification regarding lobbying and drug-free workplace requirements.
To the best of its knowledge and belief, the City certifies;
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 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 and 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;
2. 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
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Member of Congress, an officer or employee of Congress, or an 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
3. It will require that the language of paragraph (n) 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;
It will or will continue to provide a drug-free workplace by;
Publishing a statement notifying employees that the unlawful manufacture, distribution,
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;
Establishing an ongoing drug-free awareness program to inform employees about
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee be engaged in the grant be given a copy of
the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will
(a) Abide by the terms of the statement; and
(b) 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;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
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;
Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted
(a) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement or other appropriate agency;
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Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5, and 6.
SECTION XII. This Resolution shall be effective immediately upon its adoption.
SECTION XIII. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 7th DAY OF October 1996.
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tl Mayor
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of
the City of Azusa, at a regular meeting thereof, held on the 7th day of October
1996 by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXADNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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