Loading...
HomeMy WebLinkAbout75-18 - Application for Funds, Housing, and Community Development ActT1s RESOLUTION NO. 75-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING AN APPLICATION PURSUANT TO TITLE I OF PUBLIC LAW 93-383 OF THE 93RD CONGRESS, BEING THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974; ESTABLISHING AUTHORITY THEREFOR; APPOINTING A CERTIFYING OFFICER TO ACT ON BEHALF OF THE CITY; CREATING THE COM- MUNITY DEVELOPMENT COMMITTEE, AND ASSIGNING THEIR DUTIES; MAKING THE ASSURANCES AS REQUIRED BY THE AFORESAID ACT; AND PROVIDING SUCH INFOR- MATION AS WILL BE REQUIRED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: THAT, WHEREAS, the Congress of the United States did on August 22, 1974, adopt Public Law 93-383, being the Housing and Community Develop- ment Act of 1974; and WHEREAS, the primary objective of Title I of said Act is the development of viable urban communities, by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the City of Costa comes within the definition of a unit of local government entitled to apply for grants under the aforesaid Act, pursuant to Section 102 (a), Subsections (1) and (5); and WHEREAS, the City of Costa Mesa is a duly incorporated and exist- ing City under and by virtue of Division II, Part 1, Chapter 1, Section 34300 through and including Section 34333, California Government Code, possessing all of the powers of cities so incorporated as granted by the general laws and the Constitution of the State of California; and WHEREAS, the City of Costa Mesa, in the exercise of said power, desires to make application for funds being made available pursuant to the aforesaid Act, to be used for the aforesaid purposes; and WHEREAS, the City desires to make appropriate assurances of its compliance with various requirements of the laws and regulations of the United States Government, and to designate the City Manager as the applicant's Certifying Officer, and to provide for and establish the duties of the Community Development Committee. NOW, THEREFORE, BE IT RESOLVED that the City Manager be designated as the Certifying Officer for the City of Costa Mesa, and that as Certifying Officer, the City Manager be authorized and directed to make application for funds under Title I of the Housing and Community Devel- opment Act of 1974; BE IT FURTHER RESOLVED that the Community Development Committee be and is hereby formed for the purpose of providing citizens with adequate information concerning the amount of funds available for proposed commun- ity development and housing activities, the range of activities that may be undertaken to act as a sounding board of the views of the citizens of the community on development and housing needs, and as a method of providing adequate opportunity for participation in the development of the application by the public, acting in an advisory capacity to the City of Costa Mesa, pursuant to the provisions of Title I of the Housing and Community Development Act of 1974; BE IT FURTHER RESOLVED that the City Council understands and will comply with all of the assurances required to be met in connection with said application, and as set forth in Exhibit "A", attached to this Resolution and made a part hereof; BE IT FURTHER RESOLVED that the City Manager as Chief Executive Officer, and Certifying Officer under said application, be and is hereby authorized to provide such additional information and to take such steps as are required, pursuant to said Act, to accomplish the purposes as set forth herein. PASSED AND ADOPTED this 18th day of February, 1975. AWA"Z-, J 14hyor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Nefa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa hereby certify that the above and foregoing Resolution No. 75-18 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 18th day of February, 1975. IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of February, 1975. J City Clerk and ex -officio Clerk the City Council of the City of Cost Mesa j ASSURANCES (INSTRUCTIONS: The applicant must provide assurances and/or certify to all of the following items: The only exception is item No. 10 for which the applicant must certify as to either (a) or (b), or to both.) 'file applicant hereby assures and certifies that he has complied with the regulations, policies, guidelines and requirements of OMB Circular No. A-95, and that he will comply with the regulations, policies, guidelines and requirements of Federal Management Circulars 74-4 and 74-7, as they relate to the application, acceptance and use of Federal funds for this federally -assisted program. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to execute the proposed program; that a resolu- tion motion or similar action has been duly adopted or passed as an official act of the applicants' gov- erning body, authorizing the filing of the application, including all understandings and assurances con- tained therein, and directing and designating the applicant's chief executive officer as the authorized representative of the applicant to act in connection with the application and to provide such additional information as may be required, 2. It will comply with: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance and will imme- diately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Appli- cant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. (b) Title VIII of the Civil Rights Act of 1968, (P.L. 90-284) as amended, and will administer all programs and activities relating to housing and community development in a manner to affirmatively further fair housing. (c) Section 109 of the Housing and Community Development Act of 1974 and in conformance with all re- quirements imposed by or pursuant to the Regulations of the Department (24 CFR Part 570.601) issued pursuant to that Section; and in accordance with that Section, no person in the United States shall on the ground of race, color, national origin or sex, be excluded from participation in, be denied the bene- fits of, or be subjected to discrimination under, any program or activity funded in whole or in part with the community development funds. (d) Executive Order 11063 on equal opportunity in housing. (e) Section 3 of the Housing and Urban Development Act of 1968, as amended requiring that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. 3. Prior to the submission of its application, the applicant has: (a) Provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program requirements; (b) Held at least two public hearings to obtain the views of citizens on community development and housing needs; and (c) Provided citizens an adequate opportunity to participate in the development of the application and in the development of any revisions, changes, or amendments. 4. The applicant will: (a) Provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203, and 204, of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (P.L. 91-646) and applicable HUD regulations, to or for families, individuals, partnerships, corp- orations or associations displaced as a result of any acquisition or real property assisted under the program; HUD -7015.12 (11-74) EXHIBIT "A" EXHIBIT "A" Res. 75-18 (b) Provide relocation assistance programs offering the services described in Section 205 of P.L. 91-646 to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable HUD regulations; (c) Assure that, within a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to such displaced families and individuals in accordance with Section 205(c)(3) of P.L. 91-646; (d) Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations; and (e) Carry out the relocation process in such a manner as to provide displaced persons with uniform end consistent services, and assure that replacement housing will. be available in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin. 5. The applicant will: (a) In acquiring real property in connection with the community development block grant program, be guided to the extent permitted under Stale law, by the real property acquisition policies set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and the provisions of Section 302 thereof; (b) Pay or reimburse property owners for necessary expenses as specified in Sections 303 and 304 of the Act; and (c) Inform affected persons of the benefits, policies, and procedures provided for under HUD regulations. 6. It will give HUD and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 7. The applicant will comply with the provisions of the Hatch Act which limit the political activity of employees. 8. It will comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Executive Order 11128, relating to the prevention, control, and abatement of water pollution . 9. The applicant's certifying officer. (a) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such act apply pursuant to this Part; and (b) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. 10. The Community Development Program: (a) Gives maximum feasible priority to activities which will benefit low— of moderate—income families or aid in the prevention or elimination of slums or blight; [] {b). Contains activities designed to meet other community development needs having a particular urgency ' which are specifically identified and described in the applicant's community development plan sum- mary and community development program. IL It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 12. It will comply with all requirements imposed by HUD concerning special requirements of law, program. requirements, and other administrative requirements approved in accordance with Federal Management Circular 74-7. Legal She As counsel for the applicant and an attorney-at-law admitted to practice in the State in which the applicant is located, I certify that the facts and representatives contained in Assurance No. 1 above to be true and in accordance with State and local law. 4 k^ . Roy E. June February 18. 1975 fqd notaf ofd jj is Caon,,el) (Type or Prior ,Nrrmr of Applicant',, Counsel1 (Dore) 1 �rmn-,raixna ung_741 EXHIBIT "A" (continued) Res. 75-18