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Home My Public Portal About2001.024 (03-06-01)RESOLUTION NO. 2001.024 A RESOLUTION OF THE LYNWOOD CITY COUNCIL 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 LYNWOOD CITY COUNCIL DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: WHEREAS, the Council adopted a Redevelopment Plan, in accordance with a requirements of law, for redevelopment project known and designated as the "Lynwood Redevelopment Proiect Area" by Ordinance No. 783 and 784, which the City adopted on June 21, 1976, and amended by Ordinance No. 852 by the City on June 7F 1982, and as further amended And merged by Ordinance No. 920, adopted by the City on June 30, 1986; and WHEREAS, the adopted objectives of the Redevelopment Plan are to: (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 the 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 businesses 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, as well as upgrade and stabilize existing uses; (h) Remove impediments to land assembly and development through acquisitions and re-parcelization of land into reasonably sized and shaped parcels; (i) Expand the resource of developable land by making undemtilized land available for redevelopment; (j) Coordinate revitalization efforts in the .Project Area with other public program of the City and the surrounding area; H:\WORDFILE\PLANNMO\RESOS\IO81oan 2.doc - 1 - (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; (I) Improve traffic circulation through the reconstruction and improvement of existing street in the .Project Area WHEREAS, On December 7, 1999 the City of Lynwood Redevelopment Agency approved and Exclusive Negotiating Agreement with Whited and Associates (Developer) to redevelop a 12 acre (+/-) parcel located within the Redevelopment Project Area; and WHEREAS, the site, generally bounded by Alameda Street on the west, Fernwood Avenue on the north and east and Imperial Highway on the south, is blighted area currently comprised of underutilized industrially- zoned properties, deteriorated structures and vacant lots; and WHEREAS, the project consist of the construction of approximately 120,000 square feet of new commercial space; and WHEREAS, the project will encourage a more rational utilization of land in the Project Area and eliminate the blight influences contributing to the deterioration of the City's commercial area; and WHEREAS, the project will provide additional working and shopping opportunities to area residents and will become a strong complement to the new retail and commercial development directly to the east; NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: SECTION 1. As part of its financing plan for the acquisition of said property, the City approved 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 purchase of said property. SECTION 2. 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 application available to the public. SECTION 3. The City is following a detailed citizen participation plan which meets the requirements described in Section 570.704(a)(2). SECTION 4. The City will affirmatively further fair housing, and the guaranteed loan funds will be administered in accordance with; (A) Title VI of the Civil Rights Act of 1964; and (B) The Fair Housing Act (42 U.S.C. 3601-20) SECTION 5. In the Aggregate, at least 70 percent of all CDBG funds expended during the three consecutive years specified by the public entity for its CDBG program will be for activities which benefit low- and moderate- income persons. H:\WORDFILE\PLANNING\RESOS\IO81oan2.doc- - 2 - . _.,:, s i. P F 1 SECTION 6. The City will comply with the req~!iremen+s governing displacement and relocation .concerning real property acquisition, and the replacement of low and moderate-income housing described in Section 570.606. SECTION 7. It will comply with other provisions of the Act and with other applicable federal, state and local laws. SECTION 8. Certification regarding debarment, suspension, and other contractor responsibilities. AS part of this Section, the City certifies that: ;. (I) The Developer has certified, to the best of its knowledge and belief, that it its 'principals: . ~, (a) Are not presently debarred, suspended, proposed for debarment, or declared ineligible from covered transactions 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 fraud or any criminal offenses in connection with obtaining attempting to obtain, or performing a public (Federal, State or Local) transaction or contract in violation of Federal or State antirust statues, or embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental .entity (Federal, State, or Local) for any of the offenses enumerated in paragraph (I) (d) Have not within a three year period preceding this application/ proposal had one or more public transactions 9Federal, State, or Local) terminated for cause or default. SECTION 9. Certification of Efforts to Obtain Other Financing The city hereby assures and cert,ficates, with respect to its application 'for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act o f1974, 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 t,mely execution of the program plan without such Section 108 assistance. SECTION 10. Certification regarding lobbying and drug-free workplace requ,rements. 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 ,t, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and office or employee Congress, or and 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, entering into any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; Z If any funds, other than Federally appropriated funds, have been paid or will be laid to any person for ihfluencing or attempting to influence an officer or employee of any agency, .including the County and any Supervisor of the County Member of Congress, or employee of a Member of Congress, pursuant to Section 1 above, the City will complete and submit to the County, Standard Form-LLL, ent,tled '~ D,sclosure Form to Report Lobbying, and 3. The City will require that the language of paragraph (1) of this Section 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; The City will continue to provide adrug-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 City's workplace and specifying the action 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 danger of drug abuse in the workplace; (b) The City's policy of maintaining adrug-free workplace (c) Any available drug counseling, rehabilitation, and employee assistance program; and (d) The penalties that may be imposed upon employees for drug abuse violation. occurring in the workplace. 3. Making it a requirements that each employee engaged in the federally- ~ assisted project be given a copy of the statement required by paragraph I; ' '~ 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the federal assistance, the employee will: (a) Abide by the term of the Statement; (b) Notify the employer, in writing, of his/her conviction for a violation of any criminal drug statute occurring in the workplace no later than a five calendar days after such conviction. ' 5. Notifying the County, in the writing, within ten calendar after receiving a notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction Employers of convicted employee must provide notice, including position title, to every past officer or other designee on whose federally- assisted 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; 6. Taking one of the following action, within 30 calendar days of receiving '~--- notice under subparagraph 49b), with respect to any employee who is so convicted: (a) Taking appropriated 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 satisfactory in a drug abuse assistance or rehabilitation program approved for such purposes by J H:\WORDFILE\PLANNINGUtESOS\IO81oan 2.doc - 4 - a Federal, State or local health, law enforcement, or other appropriate agency. 7. ,~ resolution. adoption. ATTEST: ~± Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraph 1,2,3,4,5, and 6 above. SECTION 11. The City Clerks shall certify to the lawful adoption of this SECTION 12. This Resolution shall be effective immediately upon its PASSED, APPROVED AND ADOPTED this 6th day of March 2001.. f - Paul H. Richards, II, Mayor , Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: Ci orney \\LYN_SRV I\VOL3\WORDFILEV'LANNING\RESOS\108 loan 2.doc -s- Ralph .Davis, III City Manager >, Director Development 1 t STATE OF CALIFORNIA } } ss COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City :of Lynwood, do hereby certify that ~~ the foregoing Resolution was passed and adopted by the City Council of the City ..o of Lynwood at a regular meeting held on the 6th day of March ,2001. ~. AYES COUNCILMEN:-BYRD, REA, REYES, SANCHEZ, RI~CHARDS NOES NONE ABSENT• NONE - , ABSTAIN NONE • '• ~~~~f~ ~, ~-~-~~.-ems'-.1---~` Andrea L. Hooper, City Clerk ~ STATE OF CALIFORNIA } `,, ` } ss COUNTY OF LOS ANGELES } • I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correction copy of Resolution No 2001.024 on file in my office and that said R~sofution was adopted on the date and by the vote therein stated ' Dated this 6th day of .arch , 2001. Andrea L. Hooper,, City Clerk