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90-090 RESOLUTION NO. 90R-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN APPLICATION FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR FISCAL YEAR 1990-1991 PURSUANT TO THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1980, AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO EXECUTB AND FILE THE APPLICATION THEREFORE. WHEREAS, Activities and Programs under Title I of the Housing and Community Development Act of 1980, as amended, have been duly considered and appropriate public hearings have been conducted; and WHEREAS, such solicitation of public opinion has resulted in a "Final Statement of Community Development Objectives and Projected Use of Funds"; and WHEREAS, the City Council hereby gives assurance that the City of Anaheim will comply with all laws, regulations, and executive orders as more particularly set forth in that certain Department of Housing and Urban Development document entitled "Certifications," a copy of which is attached hereto as Exhibit "A" and made a part hereof as though fully set forth herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim, hereby approves the "Final Statement of Community Development Objectives and Projected Use of Funds" as the Application for the Fifteenth Year funding under Title I of the Housing and Community Development Act of 1980, as amended. BE IT FURTHER RESOLVED that the City Manager of the City of Anaheim be, and he is hereby, authorized to execute and file said Application for a Community Development Block Grant for fiscal year 1990-1991 pursuant to the Housing and Community Development Act of 1980, amended 1987. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of March , 1990. C Y~MAN GE~AAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM SJM:db 3563L 031690 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-90 was introc~ced and adopted at a regular meeting provided by law, of the City Council of 'the City of Anaheim held on the 27th day of March, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Ka)~ood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-90 on the 28th day of March, 1990. IN WITNESS WHEREOF, I have hereunto set my han~d and affixed the seal of the City of Anaheim this 28th day of March, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-90, duly passed and adopted by the Anaheim City Council on March 27, 1990. CITY CLERK OF THE CITY OF ANAHEI~ EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE CERTIFICATIONS The Grantee 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 570.301 (b); 2. Prepared its final statement of community development objectives and projected use of funds in accordance with 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 representatives of persons of low and moderate income that request such assistance in enveloping 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 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; (e) 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. 2000d et seq.): and 2. Title VIII of three Civil Rights Act of 1968 (Public Law 90-284; 42 U.S.C. 3601 et sea_3: (f) It will affirmatively further fair housing; (g) 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; (the final statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); except that the aggregate use of CDBG funds received under section 106 of the Act, and if applicable, under section 108 of the Act, during the 1990/91 program year(s) (a period specified by the grantee consisting of one, two or three consecutive years), 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 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; (i) It is following a current housing assistance plan which has been approved by HUD; (.j) It will not attempt to recover any capital costs of public improvements assisted in whole or 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; 1. 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 2 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 570.608; (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 570.606(a) and Federal implementing regulations; the requirements in 570.606(b) governing and the residential antidisplacement nd 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 570.606(d) governing optional relocation assistance under section 105(a) (11) of the Act; and (m) It will comply with the other provisions of the Act and with other applicable laws. (n) It certifies that 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 its employees about: (a) The angers of drug abuse in the workplace; (b) The City of Anaheim's policy of maintaining a drug-free workplace; (c) Any available rug counseling, rehabilitation, an 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 to be given a copy of the statement required by paragraph (a); (4) Notifying the employee in the statement required by paragraph (a) 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. (o) It certifies that the City of Anaheim has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within this jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. (p) It certifies that; (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) 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 office or employee of any agency, a Member of Congress, an office or employee of v Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language 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. grantcer.ap 4