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HomeMy WebLinkAboutReso 91-162 - Authorize CM to file a final statement of Community Dev Objectives & Projected use of funds with the Dept of Housing & Urban Dev RESOLUTION NO. q1-1 Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING THE CITY MANAGER TO FILE A FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR $453,000.00 WITH THE DEPARTMENT OF HOUSING AND I� URBAN DEVELOPMENT. r WHEREAS, the Department of Housing and Urban Development has notified i the City of Redding that it is eligible to receive $453,000.00 through the Community Development Block Grant Program for 1991; and 1 WHEREAS, the Community Development Citizens Advisory Committee has held one public hearing in 1991 and recommended that the City Council adopt the Proposed Community Development Objectives and Projected Use of Funds for 1991-1992; and I WHEREAS, the .City Council has held a public hearing on the proposed Community Development Objectives and Projected Use of Funds for 1991-1992; and WHEREAS, the City Council has studied the attached certifications required by HUD in connection herewith and has agreed to same; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby authorizes the City Manager to file its Final Statement of i Community Development Objectives and Projected Use of Funds for 1991 for a Community Development Entitlement Block Grant in the amount of $453;000.00. i I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 16th day �J of April 1991, and was duly adopted at said meeting by the following vote: i t i � AYES: COUNCIL MEMBERS: Arness, Dahl, Fulton, Moss and Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None AN F Mayor Cit f fteddi I ATTEST: ETHEL A. NICHOLS, City Clerk i FORM APPROVED: RA DALL A. HAY ty Attorney i t I I - 2 - COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE CERTIFICATIONS In accordance with the Housing and Community Development Act of 1974 , as amended, and with 24 CFR 570 .303 of the Community Development Block Grant regulations, the grantee' certifies that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement and amendments thereto and all understandings and assurances contained therein , and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; , ( c) Prior to submission of its final statement to HUD, the grantee has : 1 . Met the citizen participation requirements of 5570. 301 (b) ; 2 . Prepared its final statement of community development objectives and projected use of funds in accordance with §570 .301 (c) and made the final statement available to the public; . (d) It is following a detailed citizen participation plan which: 1 . Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; 2. Provides citizens with reasonable and timely access to local meetings , information , and records relating to the grantee ' s proposed use of funds , as required by the regulations of the Secretary, and relating to the actual use of funds under the Act; 3. Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; '_1/90 i -2- 4 . Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs , the review of proposed activities , and review of program performance, which hearings shall be held after adequate notice , at times and lodations convenient to potential or actual beneficiaries, anal with accommodation for the handicapped; 5 . Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable ; and 6 . Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate; (e) The grant will be conducted and administered in compliance with: 1 . Title VI of the Civil Rights Act of 1964 (Public Law 88-352 , 42 U.S.C. 52000d et seg. ) ; and 2. The Fair housing Act ( 42 U.S.C. 3601-20) ; -(f ) !t will affirmatively further fair housing; (g) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the final statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available) ; except that the aggregate use of CDBG funds received under section 106 of the Act, and if applicable, under section 108 of the Act, during the 1991-92 program year( s ) (a period specified by the grantee consisting of one, two, or three consecutive years) , shall principally benefit persons of low and moderate income in a manner that ensures that not less than 70 percent of such funds are used for activities that benefit such persons during such period; (h) It has developed a community development plan, for the period specified in paragraph (g) above , that identifies community development and housing needs and specifies both short and long-term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; 11/9C { -3- It is following: 1. A current housing affordability strategy which has been approved by HUD in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act; or 2 . A housing assistance plan which was approved by HUD during the 180 day period beginning November 28, 1990, or during such longer period .as may be prescribed by the Secretary in any case for good cause. ( j ) It will .not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under sect_on 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: 1. Funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the Act; or 2. For purposes of assessing any amount against properties owned and occupied by persons of moderate income , the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1) above ; (k) Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with §570. 608; ( 1) It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under §570. 606 (x) and Federal implementing regulations ; the requirements in §570 .606 (b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Act ( including a certification that the grantee is following such a plan) ; the relocation requirements of §570 . 606 ( c ) governing displacement subject to section 104(k) of the Act; and the relocation requirements of 5570. 606 (d) governing optional relocation assistance under section 105 (a) ( 11 ) of the Act; (m) It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations ; and 11/9( -4- 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; (n) To the best of its knowledge and belief: 1. 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 cooperative agreement, and the extension, continuation, renewal, amendment , or modification of any Federal contract, grant, loan, or cocperative agreement; 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting j to influence an officer or employee cf any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, 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 i contracts under grants , loans , and cooperative agreements ) and + that all subrecipients shall certify and disclose accordingly; i 1 (o) It will or will continue to provide a drug-free workplace by: 1. 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; 2. 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 11/90 i i -5- (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 to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; i 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 ) i of each affected grant; 6 . 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 ,I drug abuse assistance or rehabilitation program approved j for such purposes by a Federal, State, or local health, i law enforcement, or other appropriate agency; i 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2 , 3 , 4 , 5 and 6 . 11/90 8 . The grantee may insert in the space provided below the site( s ) for the performance of work done in connection with the specifi, grant: Place of Performance (Street address, city, county, state, zip code) 1Cityf Redding 760 Parkview Avenue Redding, Shasta Count CA 96001-3396 Check if there are workplaces on file that are not identified here ; and I (p) It will comply with the other provisions of the Act and with other applicable laws . i i i