HomeMy WebLinkAboutCC Reso No 1980-43
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RLoLTION NO. 80-43
A RESOLUTION At7"i'HORIZING APPLICATION FOR URBAN
DEVELOPMENT ACTSON GRANT FUNDS TO THE DEPART-
HIENT OF HOUSING AND URBAN DEVELOPMENT FOR THE
CITY OF LAKE ELSINORE, CALIFORNIA.
WHEREAS, under the provisions of the Housing and Community
Development Act of 1977, Public Law 95-128, the Department of
Housing and Urban Developstaent is authorized to make grants to
distressed cities to assist in revitalizing their economic base
and the reclamation of deteriorating neighborhoods; and
WHEREAS, the City of Lake Elsinore has taken recent steps
to participate in various financially assisted programs through
the Department of FIousiny and Urban, Development, and in so doing
has compiled information that indicates the City qualifies as a
"distressed city" under the regulations governing the Urban
Development Action Grant Program for Small Cities; and,
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:WHEREAS, the City of Lake Elsinore has a large minority and
low-income population and, in the spring of 1980 experienced
heavy flooding which further increased the severity of its
distress factors as defined by HUD; and
WHEREAS, the City of Lake Elsinore has had a long standing
need to increase employment and housing opportunities in the
community for low and moderate income families; and
.. 2 ..
WHEREAS, the City of ~.ake Elsinore must provide an incentive
to replace the existing ht~us3ng and commerce lost due to the
flood primarily by the pro~rision of adequate sewer and water
facilities, and
WHEREAS, the City of Take Elsinore, cannot afford to provide
such sewer and water uti].~ty improvements from its normal
revenue sources; and
WHEREAS, from the private sector, a group of housing and
commercial developers have agreed to commit to spend some $28
million dollars and these developers made their commitments to
make possible to the City of Lake llsinore's application for
Action Grant Funds and these commitments are to construct new
housing and commercial facilities in the area of Lakeshore Drive/
Mission Trail, and
WHEREAS, the private development will provide an estimated
250 permanent jobs and the public iiaprovement of the sewer and
water facilities would be critical to the future of the City of
,Lake Elsinore, and
WHEREAS, Lake Elsinore citizens have had the opportunity to
make known their views and wishes for the application of Action
Grant Funds and the City Council has selected the Lakeshore
Improvement project as the City's best possible application, and
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WHEREAS no City of Lake Elsinore fund monies arc required
to participate iaa this project; and.
WHEREAS, the City of Lake Elsinore is requesting approval
of its application to the Department of Housing and Urban
b
Development, Action Grant Program for the year 1980 amounting
to Three-riil~iar~-eight-hundred-fifty-eight; tWio-hundred_thirty-one
dollars; (~3,858,237.Q0).
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY .COUNCIL OF THE CITY OF LAKE
ELSINORE:
THAT the City Manager of the City of Lake Elsinore be and
he is hereby duly authorized to execute all documents pertain-
ing to the application, including the required Assurances as
,•
are listed on HUD Form No. 7015.12, attached hereto and made
a part hereof as Exhibit "C"t and
THAT a copy of the caption of this Resolution be spread
upon the Minutes of the City Council.
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READ, ADOPTER., AND 15E+PROVED this .12th day of August ,
A.D., 1980, at a Regular Meeting of,tfae City Council of the
City of .Lake Elsinore, by tt~e fallowing vote: AYES:
Mayor Stewart , Councilmen Torn, Unsworth, Baldwin ,
NAYS: None ~
ABSENT: Councilman Harris.
ATTEST:
~-~~ _ e J ~-~~~~~~
City Secretary
APPROVED AS TO FORM:
City Attorney
• •L~v ~
P6"sl~li' ~f: RtlIIANCES
F;2:13y23IT aaCao
The Applicant hereby assures and certifies that:
1. It possesses legal authority to apply for the grant
and to execute the proposed program,
2. its governing body has duly adopted or passed
as an official act a resolution, motion or similar action.
authorizing the filing of the application, including all
understandings and assurances contained therein, and
directing and authorising the person identified asthe of--
f i representative of the applicant to act in coanc~etion
c We application and to provide such additional in-
f ~atioa as may be required.
3. It has complied with all the requirsat~ta pg
0M$ Circular A 95 as modified by 24 CFR part
• 570310 and that either:
a. Any caraments and recommendations made by
or through clearinghouses are attached and have'been
considered prior to submission of the application; or,
b..The required procedures have been •followcd
and no comments or recommendations have been so-
dived.
4. Prior to submission of its application, the ap-
plicant has:
a. Prepared a written atizen participation plan,
which:
(1) Provides za opportunity for citizens to partici-
pate in the development of the application, encourages
the submission of views and proposals, particularly by
residents of blighted neighborhoods and citizens oflow-
and moderate-incomq provides for timely rsspottscs co
the proposals submitted, and schedules hearings at
times and locations which permit broad participation;
(2) Provides atizens with adequate information
concerning the amount of funds available for proposed
community development and housing activities, the
rar of activities that may be undertaken, and other
iw' rant program requirements;
3) Provides forpublichearingstoobtaintheviews
of .izens on community dcvclapment and Lousing .
peals; and
(4) Provides citizens with an opportunity to submit •
comments concerning the community development per-
formance of the applicant. '
• b. Followed this plan in a manner to achieve full
participation of citizens is development of the appli-
cation. The applicant shall also follow this plan to
achieve fuII citizen participation in all other stages of the
program.
S. Its chief executive officer or other officer of the
applicant approved by HUD:
a. Consettts to assume the status of a responsible
Federal official under the National Environmental Pol-
icy Aet of f 963 insofar as the provisions of such Act ap-
ply to 24 CFR 570;
b. Is authorized and consents on behalf of the ap-
plicant and himself to accept the jurisdiction of the
federal courts for the purpose of enforcement of his re-
sponsibilities as such an official.
6. The CommuniCS+ Development Program has
8aea developed so as to give maximum feasible priority
to activities which will benefit low• .and. moderate-in-
ea~me fatnilrs trr aid in the prevention or elimination of
:: slums or bli~tt. •
Nt1TRs'ifte requirements for this certltlcation wt'II
~ecluds the $ecretac;* from approving an applica-
lion where Lhe applicant certifies, and the Se:.retary
• determines, that ail or part oP the Commutdty Devel-
opmeat program activities are designed to metC other
• ammmunlty developmenC needs having a particulac
wrgency as specifically explained sit the application iu
aceordamce witl- 24 CFR 590.30Z(t).
9. It wIl! compi~ with the regulations, policies,
aril requuentents of C7M$ Circular Ho:
A 102, Revised, and redcral Management Cucular 74-4
as chcy rdatt to the application, acceptance. and use of
Federal ftffit~ under 24 GFR 570.
• ~. It will administer and enforce the Iabor stan-
dards requirements set forth in 24 CFR 5%0.605 and
HUD regulations issued to implement such require-
ments.
!. It wiU comply whit ail rcryuircments Lnpased by
FIUD concerning special requirements of law, program
requirements. and other administrative requirements,
approved in accordance ~yitlt OMB Circular No. A-102,
Revised. •
i0. It will eomplT+zvith the provisions of Fu;ecutivo
Order 11295, relating W evaluation of flood hazards
nand e¢utive C7rder Il2gg relating to the prevention,
sontrot, and abatement of water pollution.
li. It wt~l require every building or facility (other
tltart a privately owned residential structure) designed,
c®astrusted, ttt altered with funds provided under 24
CFR 570 to comply witL the "American Standard Spec-
if~teoas feu Making }3uildings and Facilities Axessible
to, and bsabls by, the Physically Handicapped; ' I~Ium-
berA 317.1;8 1971, subject to the exceptions contained
in 4I CFR 101-19.594. The applicant will be responsible
for conducting inspections Lo insure compliance with
these specifications by the contractor.
12. It wilt comply with:
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a. Title VI of the Civil Rights Act of 1964 (1'cib. L.
88-352), and the regulations issued pursuant thereto (24
CFR Part 1), which provides that no person is the
United States shall on the grounds of race, color, or na-
*ional origin, be excluded fmm participation in, be
denied the benefits of, or be otherwise subjeMed to dis-
crimination undetany program or activityforwhich the
applicant receives Federal fmaacial assistance and will
immediately take any measures necessary to effectuate
this assurance. If any real property or sirucecue thereon
is provided or improvexl with the aid of Federal flaan-
cial assistance extended to the applicant; this assurance
shall obligate the applicant, ar in the cas$ of nay testis.
for of such property, amy tsansferce, for the parted dt~
ing which the real property or struetura is used for a
purpose for which Lha Federal.fuuzncial assistance is ex-
tended, or for another purpose issvolviag the provision
of similar services or banePts. •
b. Title VIII of the Cin1 Rcghtt Act of 1968 (Fub.
A.. 90-284), as amended. administering aU programs anti
activities relatia~ to housing and commuaitl+'tievel-
apment in a mawtes t® affuzaativaly ftirthei fair hans-
ing; and wilt take action to afffrmativaly further fair
housing in the sale or Feniai of housing, the littancng of
housing; sad the provisions of brokerage services.
c. Section I09 of the Pleasing sad Community
velopment Act of 197.4; and the regulations issued pur-
suantthereto (2i CFIt Part 570.601), which provide that
no person in the United States shall, on the grounds of
sate, color, national origin, or sex, be excluded Fmm
participation ia, be denied the benefits of. or Le sub-
jected to discrimination under, any program or activity
funded in whole or is part with funds provided under 24
CFR 570. !
d. Executive Order 11063 on equal opportunity is
housing and nondiscrintinatioa in the sale or rental of
housing built with Federal assistance. .
e. Executive Order 11246. and the reglilati®tia_is-
sued pursuant thereto (24 Part 139 artd 41 CFR
Chapter'60), and Section 4(b of the Grant Agreement,
which provides that no person shall be discriminated
against on the basis of rac¢,!color, religion, sex, ar na-
tionalorigin in aIlphases of employment during tlce per-
formance of Federal or federally assisted eonsiruet'ran
contracu. Contractors and subcoatractars on Federal
and federally assisted construction contracts shall take
affumativa action to insure fair treatment in employ-
mcni, upgrading, demotion, or transfer; recruitmc~tt or
recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for
training and apprenticeship.
I3. Yt will comply with Section 3 of the Housing
an3 Urban Development Act of 196'8, as amended, se•
quh3ng that to the greatest extent fesible opportunities
for training and employment be given to Iowec income
residents of the project area and contracts for work in
connection with the project be awarded to eligible
businessconcemswhtch are located ia, orowned insub-
standal part by, persons residing in the area of the pro-
jam,
Y4. It wffi; ® '
a. To the greatest extent practicable under State
Iaw# comply with Sections 301 and 302 of Title III
(Uniforaa Real Property Acquisition Policy) of the
lJniform Relocation Assistance and Real Property Ao-
quisition Policies Act of 1970 and will comply with Sec-
tions 303 and 304 of Title III, and HUD implementing
ihstructions at 24 Cult Para 42; acrd
b. Inform aft'ccted persons of their rights and of
the acquisition policies and procedures set forth in ihc'
rcgWlatioas aC 2/r CTR Part ~2 and Part 570.602(b).
1S. It will:
a. Comply with Title II (Uniform Relocation As•
sistance) of the Uniform Relocation Assistance and Rea]
Property Acquisition PoliciesAct of 1970 and HUD im-
ialamantitcg regulations at 7R CPR Part 42 and Pace
5~0.6tI2{a);
b. Provide relocation payments and offer reIoca•
Lion assistance as described in Section 205 of the Uni-
form Relocation AssistanceAct to all persons displaced
as a result of acquisition of real property for an activity
assisted under the Canmunity i)cvelol>meaC Bloclr
Great Program. Such payments and assistance shall ba
yrovided ht a fair and consistent and equitable manner
that insures thattUe relocation proccssdoes not result in
different or separate treatment of such persons on ac•
coiutt of rata, color, religion, national origin. sett, or
secure of income;
s. Assure that, witiim a reasonable period of time
prior to displacamcnt, comparable decent, safe and
sanitary replacement dwellings twill be available to all
disp)aced families and individuals and that the rangy of
choices available Eo such persons will not vary on ac-
count of their race, color, religion, national oripjn,
sex, or source of income; and
d. Inform affected persons of the rcIocatioa assis>
ranee. policies, and procedures set forth in the regu-
lations at 24 CPR Part 42 and 24 CFR Part 570.602(a).
i6. IC will establish safeguazds to prohibit employ-
ees from using positions for a purpose that is or given
the appearance of being motivated by a desire for pri-
vate gain for themselves or others, pazticulazly those
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with whom they have family, business, or other ties.
17. It will comply with the provisions of the Hatch
Act which limits the political activity of employees.
18. It will give HUD and the Comptroller General
through any authorized representatives, access to and
the right to examine all records, books, papers, or docu-
menu related to the grant.
19. It will insure that the facilities under its owner.-
slup, lease, or supervision which shall be utilized in the
acs- -~tplishmeat of the program are not listed on the
Ei onmcatal Protection Agency's (EPA) list of
Va tag Facilities and that it will notify HUD of the
xc ,t of any communica;ian from the Dueetor of the
TPA•Office of Federal Activities iadicatin$ that a fadlity
to be used in the project is undee considezatian forlist=
ing by the EPA.
20. It wt7l comply vnth the flood insurancm piat+-
cfiase requirement of Section 102(a) of the Flood Uis•
aster'Protcction Act df 1973.. Pub. I.. 93-234, 87 Slat.
975, approved December 31,• 1973. Section 103(a) se•
quiretil, oa and after March 2, 1994, the purchase of
flood insurance is coa~uaities where such insurance is
available as a condition for the receipt of nay Federal
faiancial assistance for construction or acquisition pur-
poses for use in any arcs that has be~ert identified by the
Secretary of the Department of Housing and Urban De-
velopment as an area havingspecial'flood fiazatds. The
phrase "Federal Financial assistance" includes any form
of loan, grant; guaranty, insurance payment, rebate,
subsidy, disaster assistance loan or Gant, or any other
form of diced or indirect Federal assistance.
21. It wiU, in connection wilt{ iu performance of
environmental assessments under the National Environ-
..
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mental Policy' Act of 1959, comply with Section 105 of
the National Historic Preservation Act of 1966 (15
U.S.C. 470), Executive Order 11393, and the Preserva-
tion of Archeological and Historical Data Act of 1966
(16 U.S.C. 469a-1, et. seq.) by:
a. Consulting with the State Historic Preservation
Ofitcer to identify properties listed in oadigible for in-
dusion iu~~ the National 12egister of Historic Places that
arc subject to adverse effects (sea 36 CPR ParC 500.8) by
the proposed activity; and
b. eompiying with all requirements established by
HUD to avoid ar mitigate adverse effects upon such
properties.' '
22. 1t esrtiftes that iL has not lcaowingIy and v+it2-
fully made or used a document or writing coutainutg
any false, FcEitious, or fraudulent statement or catty. l8
U.S.C. 10611 provldss that whoever does so within the
jurisdiction of aaydeparCment or agency of tho United ,
States shall be fined. noC more than $20,000 or imptis-
atrted for col more than five yeazs, or both.
Signature
.Title
Date