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HomeMy WebLinkAbout2004-1021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. 2004-102 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE SUBMITTAL OF A SECTION 108 LOAN GUARANTEE APPLICATION ("APPLICATION") TO FACILITATE TWO REDEVELOPMENT AGENCY PROJECTS (1) MERCADO SANTA FE (SUBAREA B, OF UPTOWN REDEVELOPMENT PROJECT AREA) AND (2) NORTH ARDEN-GUTHRIE RETAIL/ENTERTAINMENT SHOPPING CENTER (IVDA PROJECT AREA) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"). WHEREAS, the City of San Bernardino ("City") has determined that a high priority exists to redevelop two (2) declining and blighted residential and commercial neighborhoods in the City, specifically North Arden -Guthrie, bounded by Highland on the north, 206' Street on the south, Guthrie on the west, and Arden on the east (North Arden -Guthrie — Retail/Entertainment Shopping Center in the "IVDA Project Area"), and the area bounded by 3rd Street on the north, 2Dd Street on the south, I-215 on the east, and Mt. Vernon Avenue on the east (Mercado Santa Fe - Subarea B, of Uptown Redevelopment Project Area), as more particularly shown on Exhibits "A" and `B" (collectively, the "Project Areas") attached to the Staff Report of even date herewith; and WHEREAS, in order to stimulate reinvestment in these Project Areas, it is necessary for the City and Agency to implement certain activities to change the undesirable conditions existing within these Project Areas, which includes, but is not limited to: acquisition of underutilized residential or commercial properties, demolition, removal or clearance of blighted structures; relocation assistance to effected businesses or residents, the provision of public improvements; and for the ultimate redevelopment of such sites into productive uses and in conformance with the City General Plan and Redevelopment Plans; and -1- P:UgeoduU miations\Rmlutl no 004\04-04ig CDBG R= MCC Re &d« 2004-102 1 WHEREAS, the proposed Project Areas are included in the City's 2004/2005 Annual 2 Action Plan of the City's 2000-2005 Consolidated Plan; and 3 WHEREAS, the implementation of the Project Areas will assist the City and Agency in 4 meeting the following national objectives: (1) benefiting low- and moderate -income persons 5 and (2) addressing slums or blight; and 6 WHEREAS, the Section 108 Loan Guarantee Program, implemented by the United 7 States Department of Housing and Urban Development ("HUD") is designed to provide funds 8 to assist with the project contemplated by the City or Agency within the Project Areas; and 9 WHEREAS, under the Section 108 Loan Guarantee Program, the City can borrow up to 10 five (5) times the amount of its annual Community Development Block Grant (CDBG), and 11 with repayment to occur for not more than twenty (20) years; and 12 WHEREAS, the Mayor of the City and the Executive Director of the Economic 13 Development Agency, the administrator of the CDBG Program, are authorized to submit the $10 million Section 108 Loan Guarantee application, and any amendments thereto and all 14 understandings, assurances and guarantees contained therein, and to act in connection with the 15 application to provide such additional information as may be required by HUD; and 16 WHEREAS, the City is requesting $10 million from the Section 108 Loan Guarantee 17 Program (the "Loan") to assist with the implementation of the Project Areas and will pledge its 18 yearly CDBG Grant to HUD to pay the principle and interest on said Loan for a period of not 19 more than twenty (20) years. 20 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED 21 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 22 FOLLOWS: 23 Section 1. The City hereby certifies and assures with respect to its application for a 24 loan pursuant to Section 108 of the Housing and Community Development Act of 1974 (ACT), 25 as amended, that it possesses the legal authority to make the pledge of CDBG grants to repay said loan required under 24 CFR 570.705 (b)(2). -2- P:\AgendaUR oludonu\RaoluB .zUM\B 19 CDBG Ra MCC Reed B.do 2004-102 1 Section 2. As prerequisites for submission of the application to HUD, the City 2 certifies that it has: (a) famished citizens with information required by Section 570.704 (a) (2) 3 (i) of Title 1 of the ACT, as amended; (b) held at least one public hearing or meetings, February 4 24, 2004, April 5, 2004 and April 19, 2004 to obtain the views of citizens on community 5 development and housing needs; and (c) prepared its application in accordance with Section 6 570.704 (a) (I (iv) of Title 1 of the ACT, as amended, and made the application available to the 7 public. 8 Section 3. The City has and will continue to follow a detailed citizen participation 9 plan that meets the requirements described in Section 570.704 (a) (2) of Title 1 of the ACT. 10 Section 4. The City has and will continue to affirmatively further fair housing, and 11 the guaranteed loan funds will be administered in compliance with the Title VI of the Civil 12 Rights Act of 1964 (42 U.S.C. 2000d et. seq.) and the Fair Housing Act (42 U.S.C. 3601-3619) and the City will expend in the aggregate, at least 70 percent of all CDBG funds, as defined in 13 Section 570.3 of the ACT during the term of the Consolidated Plan, specifically to insure the 14 City carries out activities for the benefit of low and moderate income persons, as described in 15 Section 570.208 (a) of the ACT. 16 Section 5. The City has and will continue to comply with the requirements 17 governing displacement, relocation, real property acquisition, and the replacement of low- and is moderate -income housing described in Section 570.606. 19 Section 6. The City has and will continue to certify regarding debarment, 20 suspension, and other responsibility in accordance with the provisions of the ACT. 21 Section 7. The City has and will continue to comply with other provisions of the 22 ACT and with other applicable laws. 23 Section 8. The City hereby assures and certifies with respect to its application for a 24 loan guarantee pursuant to Section 108 of the ACT, as amended, that it has made efforts to 25 obtaining financing for the Project described herein without the use of such guarantee, that it -3- P:Ugend"Ul oluDonsWuoludomUO04%4-0f 19 CDBC Nee MCC Nero B.dm 2004-102 1 will maintain documentation of such efforts for the term of the Loan guarantee, and that it 2 cannot complete such financing consistent with the timely execution of the Project Area plans 3 without such guarantee. 4 Section 9. The City will continue to maintain a drug -free workplace as provided 5 under 24 CFR Part 24 (Appendix C) of the ACT. 6 Section 10. The City has and will continue to certify, to the best of its knowledge and 7 belief the following anti -lobbying statement required under 24 CFR Part 87 (Appendix A) that: 8 (a) No federal appropriated funds have been paid or will be paid by or on behalf of it, to any 9 person for influencing or attempting to influence an officer or employee of any agency, a 10 Member of Congress, an officer or employee of Congress, or any employee of any member of 11 Congress in connection with the awarding of any grant, loan or cooperative agreement, it will complete and submit Standard Form LLL "Disclosure Form to Report Lobbying," in 12 accordance with its instructions; and (b) it will require that the language of this paragraph (a) of 13 this certification be included in the award documents for all subawards at all tiers (including 14 subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that 15 all subrecipients shall certify and disclose accordingly. 16 Section 11. The Mayor and Common Council hereby find and determine that the 17 facts and circumstances set forth in the Recitals hereof are true and correct in all respects. The 18 Mayor and Common Council acknowledge that the Staff report together with the Attachment 19 No. IV and Exhibits "A" and `B" are correct and in accordance with the direction provided to 20 Staff at the Mayor and Common Council meeting of April 5, 2004. 21 Section 12. The Mayor and Common Council hereby authorize the Mayor and the 22 Executive Director of the Economic Development Agency to submit the Section 108 Loan 23 Guarantee Application consistent with the actions of the Mayor and Common Council at this 24 public hearing of April 19, 2004, and to execute such documents as may be required in order to 25 submit and implement the application and issue debt obligations pursuant to the requirements under the ACT. -4- P:UUndwWR ]oRonal 1vfiom\2MX0/-0C-19 CDBC Ra MCC Rao B.dm 2004-102 1 Section 13. This Resolution shall take effect upon its adoption and execution in the 2 manner as required by the City Charter. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -5- P:UgenduVtaololboeUtaolnBondiOpd\01-01-19 CDBG R. MCC Rao B.d. 2004-102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE SUBMITTAL OF A SECTION 108 LOAN GUARANTEE APPLICATION ("APPLICATION") TO FACILITATE TWO REDEVELOPMENT AGENCY PROJECTS (1) MERCADO SANTA FE (SUBAREA B, OF UPTOWN REDEVELOPMENT PROJECT AREA) AND (2) NORTH ARDEN-GUTHRIE RETAIL/ENTERTAINMENT SHOPPING CENTER (IVDA PROJECT AREA) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"). I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a J t . re gu lar meeting thereof, held on the 19th day of April 2004, by the following vote to wit: Council Members: Ayes Nays Abstain Absent ESTRADA x LONGVILLE x _ MCGINNIS x DERRY x KELLEY x JOHNSON x MC CAMMACK x �� /d. l e,� Rachel-G. Clark, City Clerk The foregoing resolution is hereby approved this 21sr dAyof April 2004. Appr By: s4ou nt: Vailes, Mayor 'San Bernardino -6- P:1AgaAaUteaNliaosUtealu[I...V 00\6460.19 CDBC Ra MCC Rao B.E.