Resolution 11705CITY OF ALAMEDA RESOLUTION NO. 11 705
REPROGRAMMING PRIOR YEARS' FUNDS, ADOPTING
FY 1989 -90 STATEMENT OF COMMUNITY DEVELOPMENT
OBJECTIVES AND PROJECTED USE OF CDBG FUNDS AND AUTHORIZING
EXECUTION OF REQUIRED CERTIFICATIONS AND GRANT AGREEMENT
WHEREAS, the City of Alameda is an eligible applicant for Community
Development Block Grant Entitlement Funds as authorized by the Housing
and Community Development Act of 1974, as amended; and
WHEREAS, the City of Alameda is entitled to receive $879,000 in
Fifteenth Year CDBG funds; and
WHEREAS, $520,137 in prior years' funds is being carried forward for
eligible projects and activities; and
WHEREAS, $5,500 in prior year funds is available for reprogramming to
new activities; and
WHEREAS, the City of Alameda has sought and considered citizens'
comments regarding housing and community development needs in the
community; and
WHEREAS, the City has held a public hearing to obtain citizens' comments
regarding the proposed Statement of Community Development Objectives and
the proposed reprogramming of prior year funds;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda does hereby adopt its Statement of Community Development
Objectives and Projected Use of Funds for Fiscal Year 1989 -90; and
BE IT FURTHER RESOLVED, that the City Council of the City of Alameda
does hereby authorize the reprogramming of $5,500 in prior year funds;
and
BE IT FURTHER RESOLVED, that the City Council of the City of Alameda
does hereby authorize the City Manager to execute the Certifications
attached hereto and submit said Certifications and the Final Statement
of Community Development Objectives and Projected use of Funds to the
Department of Housing and Urban Development; and
BE IT FURTHER RESOLVED that the City Council of the City of Alameda does
hereby authorize the City Manager to execute a Grant Agreement and
amendments thereto for Fiscal Year 1989 -90 CDBG Entitlement Funds with
the Department of Housing and Urban Development.
COMMUNITY DEVELOPMENT BLOCK GRANT
GRANTEE CERTIFICATIONS
The City of Alameda 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 section
570.301(b);
2. Prepared its final statement of community development
objectives and projected use of funds in accordance with
section 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;
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
(e)
(f)
(g)
held after adequate notice, at times and locations
convenient to potential or actual beneficiaries, and 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;
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. section 2000d et seq.); and
2. Title VIII of the Civil Rights Act of 1968 (Public Law
90 -284; 42 U.S.C. section 3601 et seq.);
It will affirmatively further fair housing;
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; except that the aggregate use of
CMG funds received under section 106 of the Act, and if
applicable, under section 108 of the Act, during the FY 1989 -90
program year, shall principally benefit persons of low and moderate
income in a manner that ensures that not less than 60 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;
It is following a current housing assistance plan which has been
approved by HUD;
It will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under
section 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;
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 section 570.608; and
(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 section 570.606(a) and
Federal implementing regulations; the requirements in Section
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 section 570.606(c) governing
displacement subject to section 104(k) of the Act; and the
relocation requirements of section 570.606(d) governing optional
relocation assistance under section 105(a)(11) of the Act; and
(m)
It will 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 a 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 to be engaged in the
performance of 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 of any criminal drug statute conviction
for a violation occurring in the workplace no later than
five days after such conviction;
5. Notifying the U.S. Department of Housing and Urban Development
within ten days after receiving notice under subparagraph 4.b.
from an employee or otherwise receiving actual notice of such
conviction;
6. Taking one of the following actions, within 30 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; 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;
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.
(n) It will comply with the other provisions of the Act and with other
applicable laws.
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 regular meeting
assembled on the 18th of April, 1989,
by the following vote to wit:
AYES: Counciimembers Arnerich, Camicia, Thomas, Withrow
and President Corjca 5,
NOES: None,
ABSENT: None,
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 19th day of
April, 1989,
"
City 1-rk of the City of Alameda