Resolution 13744CITY OF ALAMEDA RESOLUTION NO. 1 3 7 4 4
AUTHORIZING SUBMISSION OF A
SECTION 108 LOAN GUARANTEE APPLICATION
TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
WHEREAS, the City of Alameda has determined that a high priority exists for economic
development and job creation activities and that the proposed Downtown Parking Structure and
Revitalization meet these priorities; and
WHEREAS, the proposed project is included in the City's adopted One Year Action Plan
of the Consolidated Plan: 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 a total of up to $7,000,000 in Section 108 Loan
Guarantee funds to assist with the implementation of the improvements and related economic
development activities on the Downtown Parking Structure and Revitalization project site; and
WHEREAS, the City is concurrently applying to HUD for Brownfields Economic
Development Initiative (BEDI) grant funds in the amount of $.800,000 to also assist with the
economics of the project and which said (BEDI) funds cannot be expended without an approved
Section 108; and
WHEREAS, the City Manager is authorized to submit the Section 108 Loan Guarantee
and BEDI applications 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, THE CITY COUNCIL OF THE CITY OF ALAMEDA, DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. In accordance with Section 108 of the Housing and Community
Development Act of 1974, as amended, (the Act) and with 24 CFR 570.704(b) the City certifies
that:
(a) The City posses the legal authority to submit for assistance under 24 CFR Part 570,
subpart M and to use the guaranteed loan funds in accordance with the requirements of Subpart
M.
(b) The City's 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
public entity to submit the application and amendments thereto and all understandings and
assurances contained therein, and directing and authorizing the person identified as the official
representative of the public entity to act in connection with the application to provide such
additional information as may be required.
SECTION 2. Before submission of its application to HUD the City 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 hearing, on July 6, 2004, to obtain the views of citizens
on community development and housing needs;
(c) Prepared its application in accordance with Section 570.704(a)(1)(iv) and made
the application available to the public.
SECTION 3. The City has followed a detailed citizen participation plan that 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 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. In the aggregate, at least 70 percent of all CDBG funds, as defined in
Section 570.303(e), to be expanded 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).
SECTION 6. The City 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 7. The City will comply with the requirements of 570.200 (c)(2) (if
applicable) with regard to the use of special assessments to cover the capital costs activities
assisted with guaranteed loan funds.
SECTION 8. The City will comply with other provisions of the Act and with other
applicable laws.
SECTION 9. The City has Certifies 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;
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 10. 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 11. The City hereby certifies 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.
SECTION 12. 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.
SECTION 13. This Resolution shall be effective immediately upon its adoption.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting of the City Council
on the 6th day of July, 2004, by the following vote to wit:
AYES:
NOES:
AB SENT:
Councilmember s Gilmore, Kerr, Matarrese, and Mayor Johnson - 4.
Councilmember Daysog - 1.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
7th day of July, 2004.
MAT
Lara Weisiger, City
City of Alameda
k