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HomeMy WebLinkAboutCC RES 12-44I IV : & TO] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE PROGRAM YEAR 2012-13 ACTION PLAN AND FUNDING ALLOCATION AND AN AMENDMENT TO THE PROGRAM YEAR 2009-10 ACTION PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, under the Housing and Community Development Act of 1974, as amended, federal assistance may be provided for the support of community development activities which are directed toward certain specific objectives as set forth in the Act as the Community Development Block Grant (CDBG) Program; and WHEREAS, during the February 21, 2012, public hearing, citizens were furnished with information concerning the CDBG Program, the range of eligible activities, and the proposed use of funds; WHEREAS, on February 21, 2012, a public hearing was held by the Tustin City Council to receive public input and testimony regarding CDBG priorities; WHEREAS, in accordance with the Citizen Participation Plan, the City Council approved a three (3) year allocation for public services programs and that following the Year One (1) allocation for Program Year 2011-12, the approved public service programs shall continue to receive Year Two (2) for Program Year 2012-13 if the activities meet the program criteria. On February 21, 2012, a public hearing was held and the City Council evaluated the performance of the approved public service activities and approved continuation of funding in Year 2; WHEREAS, the Draft 2012-13 one-year Action Plan and an amendment to the PY 2009-10 Action Plan were noticed in a newspaper of local circulation and posted at City Hall and available for public review and comment for thirty (30) days beginning March 8, 2012, and ending April 9, 2012; WHEREAS, a report has been prepared transmitting to the City Council recommended priority needs, goals, and objectives including public testimony received during the hearing or comments received during the 2012-13 one-year Action Plan and amendment to the PY 2009-10 Action Plan public review period; WHEREAS, a public hearing was held by the City Council on May 1, 2012, to receive public input and consider the proposed 2012-13 one-year Action Plan and amendment to the PY 2009-10 Action Plan; and Resolution 12-44 Page 1 of 3 WHEREAS, the City Council evaluated needs, priorities, goals and objectives MEMO! based on public testimony received during the hearing. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Tustin resolves as follows: Section 1: The City of Tustin's 2012-13 one-year Action Plan attached hereto and amendment to the PY 2009-10 Action Plan are hereby approved as presented to the Council at their hearing of May 1, 2012. Section 2: Staff is hereby directed to include the proposed use of CDBG Funds for Program Year 2012-13 in the one-year Action Plan to be submitted to the U.S. Department of Housing and Urban Development. Section 3: The Director of Community Development is authorized to make minor modifications and execute such documents, certifications, contracts, or other instruments as may be required to carry out the City's Community Development Block Grant Program. Section 4: The City Clerk shall certify to the adoption of this Resolution and shall file a copy of said application with the minutes of this City Council meeting. 0 1 - Section 5: The City of Tustin's Program Year 2009-10 Action Plan is hereby amended by reallocating unexpended funds of previously approved projects as follows: Program Year From To Amount PY 2009-10 Senior Center Lighting Frontier Park Fitness Element $29,348.69 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 1 st day of May, 2012. Mayor ATTEST: PAMELA STOKE City Clerk Resolution 12-44 Page 2 of 3 STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF TUSTIN 1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 12-44 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1 st day of May 2012 by the following vote: • A • A A , m Nielsen, Murray, Amante, Gomez (4) None (0) None (0) Gavello (1) n r V PA LA STOKER City Clerk Resolution 12-44 Page 3 of 3 City of Tustin Community Development Block Grant Action Plan Program Year 2012 -2013 Submitted to U.S. Department of Housing and Urban Development US IN TABLE OF CONTENTS ExecutiveSummary ............................................................................................. ..............................1 Application Standard Form 424 ........................................................................ ..............................3 A . Sources of Funds ........................................................................................... ..............................6 B. Statement of Specific Annual Objectives ...................................................... .............................16 C. Description of Activities, Outcome Measures, and Annual Affordable Housing Goals ............23 D. Allocation Priorities and Geographic Distribution ......................................... .............................46 E. Homeless and Other Special Populations ....................................................... .............................49 F . Needs of Public Housing ................................................................................ .............................51 G . Antipoverty Strategy ....................................................................................... .............................51 H. Evaluate and Reduce Lead -Based Paint Hazards ........................................... .............................51 I . Other Actions .................................................................................................. .............................51 1 General ..................................................................................................... .............................51 2. Program— Specific Requirements .............................................................. .............................53 3. Citizen Participation and Consultation ..................................................... .............................53 4 Communication ......................................................................................... .............................54 5 Community Vision .................................................................................... .............................54 6 Strategies ................................................................................................... .............................54 7 Action Plan ................................................................................................ .............................55 8. Integrated Approach to Planning and Development ................................. .............................55 J Monitoring System .......................................................................................... .............................55 City of Tustin 2012 -13 Action Plan i CERTIFICATIONS General Certifications ----------------------------.-----------...C-1 Specific CDEG Certifications --------..------.-------------------.C-3 Appendix to Certifications -----------------------------.--------C-5 LIST OF TABLES |. Available Public and Private Resources (Table D ................................................................ 7 2. Potential Public and Private Resources (Table 2) ..---------------------.9 I Summary uf Priorities and Objectives 3) ................................................................... 24 4. Listing nf Proposed Projects (Table 4) .................................................................................. 32 5. Listing nfHomeless and Other Special Needs Activities (Table 5) ...................................... 50 LIST OF MAPS Areas of Low-Moderate Income Concentration ................................................................................ 47 Proposed Project Locations for Fiscal Year 20l2-|3 ........................................................................ 48 APPENDICES A. Resolution No. 12-44 B. Legal Notices C. Agencies Contacted D. Summary nf Citizen Comments B. Monitoring Process City of Tustin 2012-13 Action Plan EXECUTIVE SUMMARY BACKGROUND The City of Tustin's Consolidated Plan for Program Years 2010 -15, is a five -year planning document that identifies the City's overall housing and community development needs and outlines a strategy to address those needs for Low- and Moderate - income households. The Annual Action Plan section of the Consolidated Plan details the City's specific use of Community Development Block Grant (CDBG) funds for one grant year as provided by the U.S. Department of Housing and Urban Development (HUD). ORGANIZATION OF THE PY 2412 -13 ACTION PLAN The City of Tustin Action Plan for Program Year (PY) 2012 -13 contains all elements required by HUD, which include: ■ Standard Form 424 — this form serves as the official application for federal funding. ■ Sources of Funds — A description of potential private and public funding sources that maybe available to the City to support activities listed in the Consolidated Plan. ■ Statement of Specific Annual Objectives — A summary of activities the City will implement to address the priority needs identified in the Consolidated Plan. ■ Description of Activities and Outcome Measures — A description of community needs delineated in the Consolidated Plan; a list of projects and programs to be funded with 2012- 13 CDBG funds allocated to the City of Tustin, and a list of objectives, outcome measures, and indicators (see Table 4) that describe outputs as established in the Federal Register Notice, dated March 7, 2006. ■ Geographic Distribution — Maps indicating eligible areas for CDBG funded projects and a map showing the location of projects to be funded with Program Year 2012 -13 CDBG monies. • Homeless and Other Special Needs — A description of Program Year 2012 -13 activities targeting the needs of the homeless and non - homeless with special needs. • Other Actions — A description of actions the City of Tustin will undertake to address various sub - strategies delineated in the Consolidated Plan. • Specific Program Requirements — A description of CDBG funds expected to be available during the 2012 -13 Program Year. ■ Certifications and Miscellaneous — HUD required certifications and assurances. City of Tustin 2012 -13 Action Plan ONE -YEAR AND MULTI -YEAR USE OF FUNDS The City of Tustin is implementing a one -year funding cycle for non - public service programs such as public facility improvements, housing/neighborhood rehabilitation and preservation, and program administration/planning activities. Funding requests for these types of projects will be reviewed annually. Public Service programs will be allocated on a three -year funding cycle. This Action Plan covers activities to be funded during PY 2012 -13 (Year 2 of the three -year funding cycle); public service allocations for 2013 -14 will be included in the respective Action Plan. Funding for PY 2012- 13 and PY 2013 -14 public service activities will be based on PY 2011 -12 funding levels (Year 1 of the three -year cycle), adjusted to account for variations in CDBG grant allocations from HUD. For 2012 -13, the City of Tustin's CDBG grant allocation is estimated to be $587,277. Of this amount a maximum of 15 percent may be used for public services and 20 percent for program administration. The following is a listing of the activities that will be funded with CDBG during PY 2012 -13: Public Services Activities (maximum $88,091) Boys and Girls Club $ 11,410 Community SeniorSery $ 13,425 Graffiti Removal (limited to CDBG target areas) $ 16,780 Human Options $ 3,355 Laurel House $ 5,370 Mercy House $ 3,355 Olive Crest $ 3,355 Tustin Parks and Recreation Department (Youth Center Staff) $ 18,860 Tustin Parks and Recreation Department (Kids Corner) $ 12,180 Public Services Subtotal $ 88,090 Public Facilities and Improvements Frontier Park Playground $ 195,000 Williams Street Storm Drain $ 100,000 Public Facilities and Improvements Subtotal $ 295,000 Rehabilitation and Preservation Activities Code Enforcement $ 87,800 Housing Rehabilitation 4,642 Rehabilitation and Preservation Subtotal $ 92,442 Program Administration & Planning Activities (maximum $117,455) Fair Housing Counseling Agency $ 14,545 CDBG Program Administration $ 97,200 Administration & Planning Subtotal $ 111,745 Grand Total for all Activities HUD regulations also require that the City provide a summary of past accomplishments. Appendix F is a summary table of the City's efforts to meet five -year Consolidated Plan goals. City of Tustin 2012 -13 Action Plan OMB Number: 4040-0004 Expiration Date: 01 /31 /2009 Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: *2. Type of Application If Revision, select appropriate letter(s) ❑ Preapplication ED New E Application ❑ Continuation *Other (Specify) F Changed/Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: 05/15/2011 B- 12 -MC -06 -0583 5a. Federal Entity Identifier: *5b. Federal Award Identifier: B- 12 -MC -06 -0583 I B-12-MC-06-0583 State Use Only: — 77 6. Date Received by State: State A pp lication Identifier: 8. APPLICANT INFORMATION: . a. Legal Name: City of Tustin *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 95-6000804 076072487 d. Address: *Street 1: 300 Centennial Way Street 2: *City: Tustin County: Orange *State: CA Province: *Country: USA *Zip / Postal Code 92780 e. Organizational Unit: Department Name: Division Name: Community Development Department Planning Division f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name: Ryan Middle Name: L. *Last Name: Swiontek Suffix: Title: Associate Planner Organizational Affiliation: City of Tustin *Telephone Number: 714-573-3123 Fax Number: 714-573-3113 *Email: rswiontek@tustinca.org City of Tustin 3 2012-13 Action Plan OMB Number: 4040 -0004 Expiration Date: 01/31 /2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: U. S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14 -218 CFDA Title: Community Development Block Grant (CDBG) *12 Funding Opportunity Number: *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Tustin, CA *15. Descriptive Title of Applicant's Project: Community Development Block Grant program for Program Year 2012 -13. Funds will be used to provide a variety of public services, public facility improvements and facilities, code enforcement, and program administration (including fair housing services). OMB Number: 4040 -0004 Expiration Date: 01/31%2009 City of Tustin 4 2012 -13 Action Plan Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: CA-48 *b. Program/Project: CA-48 17. Proposed Project: *a. Start Date: 7/1/12 *b. End Date: 6/30/13 18. Estimated Funding *a. Federal 587,277 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 587,277 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? F a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (if "Yes", provide explanation.) ❑ Yes E No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) **I AGREE The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Ms *First Name: Elizabeth Middle Name: A. *Last Name: Binsack Suffix: *Title: Community Development Director *Telephone Number: 714-573-3031 Fax Number: 714-573-3113 I - Email: ebinsack @tustinca.org I I *Signature of Authorized Representative: — 7*Date Signed: Authorized for Local Reproduction Standard Form 424 (Revised 1012005) Prescribed by OMB Circular A-102 City of Tustin 5 2012-13 Action Plan ACTION PLAN: ONE -YEAR USE OF FUNDS As outlined previously, the Annual Action Plan delineates the City of Tustin's funding priorities and allocation of CDBG funds for the 2012 -13 Program Year. The following section of the Action Plan outlines the City's course of action to address housing and community developments needs in the City in compliance with HUD regulations. A. SOURCES OF FUNDS There are several potential sources of funding that might enable the City of Tustin to address housing and community development priority needs and the specific objectives identified in the Strategic Plan component of the Consolidated Plan; however, as a result of the currently weak economic conditions the actual financial resources currently available to the City are somewhat limited. The dissolution of the City's Redevelopment Agency will further impact available funding for priority needs. Nonetheless, throughout the fiscal year, the City will pursue additional funding opportunities. The City's aim is to leverage, to the maximum extent feasible, the use of available Federal, State, and local funds in an effort to create a viable community, develop new affordable housing opportunities, and maintain and preserve existing housing. To ensure the financial feasibility of a project, the City will consider the use of funds from other sources, such as the City's Housing Authority set -aside funds, to further affordable housing and community development goals whenever a match, grant, or loan is necessary or appropriate. The following resources are anticipated to be available to the City during Program Year 2012 -13: City of Tustin 6 2012 -13 Action Plan W p W ~ a a A d � H � a a a d W h H U H W O W A 0 a z O N 0 N a x w 1 ICE I .- on y 3 c i U ,V v, I o o W c fl b e C7 y Q C4 w C n G F� a v vii j l A ! o c o , .0 U •� ¢� � t o y t4� to 11 cn o sv o o d cn b a Q � ° o I 4 j f s� v a� N_ O N r- 0 t> ct 10 ti) ul �, E 03 a s CL - cz c.o tQ cj GA 5A tb Lj- 2 tp t- t4 C— CL i rn Th cv oc E G.I H U d w y O � W NC' a Q U � A N 0 N w O I f Q I u C.) .t � � � ° T '✓� Q C � C � ,�-+ V � r, ! � Ali y o G c ro 5g o• !� � 3 � i 3 "CS • � C , "'" C � 3 y O v, rn '� � 3 cC � n a e�i ct '? cz C7 . c d fi c 7 3 •a x G I y I z. c � c I � •r � I d y W ? A O° �o I g � � r l S: W O M O N Em N 0 I I E � c T 2' y y W = Y u t v I d � Z � cn I � � z � � c. U rX ; 2 Q E- E✓ i c '7E G W 1" tp FI CL c y- U cA tb I v..w CVU ■ UU ■ ■ ■ E- tm f a., d 0 0 J O O '75 ct u > A 7.7 ct 45 f tz Y o U> v 3 c 72 tz �'7 t o> C,- s E .2 .2 75 bO l u bp u u 75 0 Fo ID tb to 0 8 > U" -0 -a C.D CJ LLI r 44 bb 44 CU CA cl 2 : 1 O -3 GTE 4R LTJ C. E LLI di C, LLI C- LLJ C4 O O to cz CL " 0 r '- u 0 ° — 7 0 . 3 0 7� 4a �J' F C) t 7S > js J ci. 0 E ao t.% - z -2 40 cz LL o LL (14 d v d W G G A E z L bA O a a� F E a 0 m bA G y � c s o o �D ° o Li O b° o f p 12 c o o � r ¢ '�° co O 5 LU cC o c c y Cis f n > 3 m bA y � c s o o �D ° o Li O b° o f p 12 c o o nn o '�° O 5 LU cC o c c y f n > 3 7 J ca tz cn � ? 7 ; � � n �" n t^ f � ^J .-. � E � i F.. • c a� `� � � n" � L+ W � " x c C O I � Y s ;� '✓, A C C O O ^� O sp., k p � ,� ,�. 4. CJ J C W J E 'E 'J m bA �D ° o O o f p 12 '�° O 5 LU cC cY O I 7 J ca tz cn � w 0 U Q M N_ O N H 0 72 5 1 11, c7 73 b - -2 A E -2 6 -= = j . 0 71; al 1:4 tlo C13 cl 44 c�3 ob to g'S 175 iE al t� a C2 t 4 C4, 72 O Mw I x V O n F� 47 ct 11--t = ca C czl -Z -t . 0 0 z ti, o ct CJ I x V O n F� B. SUMMARY OF PRIORITIES AND STATEMENT OF SPECIFIC ANNUAL OBJECTIVES CDBG monies allocated to the City for the 2012 -13 funding year will not address all of the community's priority needs. Instead, allocations will be focused toward specific projects addressing high community priorities in order to produce tangible community benefits. The following are the needs rated by the community as high priorities and their relation to the Five - Year priorities indicated in the Consolidated Plan. Also listed are the actions that the City identified it will undertake during the program year to address priority needs. Table 3 summarizes the City's priorities, objectives, and goals for the program year. HOUSING NEEDS The following programs were identified in the City of Tustin's 2008 -2009 to 2017 -2018 Comprehensive Affordable Housing Strategy, with redevelopment serving as a primary funding source. As a result of the passage of AB 1X 26 and 27 and the State Supreme Court's ruling on both bills, redevelopment funding is no longer available to support these programs. In an effort to continue program activities funded by redevelopment, the City is exploring funding opportunities that are available to the Tustin Housing Authority, established in March 2011. In addition, the State Legislature is proposing legislation that would return low and moderate income housing funds to the City as well as considering legislation to create a new source of low and moderate income housing funds. As funds become available, the City will prioritize programs based on funding availability and needs. Priority Activity: First -time Homebuyers Program Based on the Southern California Area Government's 2007 Regional Housing Needs Assessment, the City of Tustin has 11,985 housing units available for renters, 3,080 (25.7 percent) of these units are rented by "cost burdened" renters. This presents an opportunity for Low - and Moderate- income renter households to transition to homeowners, with some assistance. To address these opportunities, the City will provide technical assistance to assist Low- to Moderate- income households by identifying existing public and private lender financing programs (see Table 2). Additionally, the City will continue to monitor the Villages of Columbus housing tracts at Tustin Legacy. Tustin Legacy housing developers are required to comply with the City's inclusionary housing requirements as specified in the MCAS Tustin Specific Plan. Specifically PY 2012 -13 programs include the following: • The City will provide referrals or direct assistance to Low- and Moderate - income households to help them identify and/or apply for homebuyer downpayment assistance programs that offer low interest rates and/or deferred interest loans. Programs include those offered by the State and Community Reinvestment Act (CRA) lender programs. • Assist Low- and Moderate - income homebuyers with a deferred second mortgage program for the amount of a buyer's "affordability gap." 'Cost burdened means a moderate income tenant pays more than 30 percent of their income for housing and severely cost - burdened renters pay more than 50 percent of their income for housing for low income households. City of Tustin 16 2012 -13 Action Plan Priority Activity: Preservation of Existing Affordable Units The City will preserve its existing affordable housing by utilizing CDBG funds, Housing Authority funds, and other Federal /State resources. These programs include: • Funding for nonprofits to assist with the acquisition of Section 8 project -based projects with expiring contracts. Strategies to preserve existing affordable housing units include: • Continue to require developers converting apartments to condominiums, to process a use permit, provide relocation assistance, and /or provide incentives and assistance for purchase of the units by Low- and Moderate- income households. • Continue to provide housing referral services to families in need of housing assistance and information. • Code enforcement — CDBG funding will be used to provide code enforcement activities focused in Low- and Moderate- income neighborhoods. Code enforcement efforts support the City's housing rehabilitation program, which is funded with non- Federal monies. • Provide opportunities for affordable secondary residential dwelling units in single - family residential districts through existing Zoning Ordinance provisions. • Continue the provision of counseling and dispute resolution services via the Fair Housing Foundation. • Continue the provision of services by the Fair Housing Foundation to ensure equal housing opportunities within the City. • Ensure that processing of permits for Low- and Moderate- income housing are fast - tracked with Low- and Moderate- income housing permits being given priority over other permit applications. Priority Activity: Rehabilitation of Existing Housiny, Stock As indicated in the Consolidated Plan, a large number of older housing units are located within the City's South Central and Town Center redevelopment project areas. Many of these older homes are in need of rehabilitation. Currently, rehabilitation programs have been targeting specific areas located in the southwest portion of the City. Programs include: Owner Rehabilitation Loans and Grants Rental Rehabilitation Loans and Grants The City's Housing Authority's strategies for the rehabilitation of the City's existing housing stock include: Require appropriate deed restrictions to ensure continued affordability for Low- or Moderate - income housing constructed or rehabilitated with the assistance of public funds, as legally required. City of Tustin 17 2012 -13 Action Plan • Allocate available CDBG and Housing Authority funds to finance public improvements and rehabilitation of residential units in the City's target areas. • Use 20 percent housing set -aside funds as subsidies (i.e. land write downs, acquisition, and rehabilitation assistance grants and loans, etc.) from the South Central, Town Center and MCAS Tustin Redevelopment Projects to reduce the affordability gap for developing new and rehabilitating existing owner and rental units for Low- and Moderate- income households. The Housing Rehabilitation Grant Program provides financial incentives to property owners in designated areas of the City to stimulate beautification efforts and rehabilitation of residential properties. Eligible Property Owners include low and moderate - income homeowners and multi- family property owners with low to moderate income tenants. Priority Activity: New Housing Construction With the exception of development opportunities occurring on the available land from the reuse at the former MCAS- Tustin base site (i.e., Tustin Legacy), the City of Tustin is mostly built out. Consequently, the City has limited opportunities for new ownership and rental construction on infill sites in the City; however, the following programs have been designed to assist with the development of affordable units within newly constructed projects in any portion of the City including the South Central or Town Center project areas. Programs include: New Ownership Housing Construction New Senior Ownership Housing Construction Strategies to encourage new housing construction include: The City will assist with the development of new affordable ownership or senior rental housing within Tustin Legacy. A priority maybe given to ownership housing projects that are consistent with the City's Housing policy. The City will provide for mixed -use site opportunities in Old Town where new ownership townhomes could be constructed. The City will provide referrals to the Orange County Housing Authority when necessary for the development and operation of federally assisted Low- and Moderate - income housing programs. Priority Activity: Homeless Needs This priority encourages activities which support the homeless, those at -risk of being homeless, and families in transition from homelessness to independent living, by providing support services, counseling, and transitional housing. Programs include: • Homeless Housing Partnership Program • Laurel House • Olive Crest Transitional Housing Placement Program • Mercy House City of Tustin 18 2012 -13 Action Plan Strategies for support of ancillary services to support the homeless include: • Continue to support Orange County Social Services Agency programs in conjunction with the Tustin Family Campus for abused and neglected children. • Laurel House — Allocates CDBG funds to assist Laurel House in providing temporary shelter and information for support resources to homeless runaway teens. CDBG funds will be used towards staff salary and benefits. • Olive Crest — Olive Crest provides shelter, support, education, and counseling to youth (16- 18 years old) transitioning out of the foster care system. The Transitional Housing Placement Program helps prepare the youth for the challenges and stresses of independent adult life with the goal of helping them become productive members of society. CDBG funds will be used towards staff salary and benefits. • Mercy House — Mercy House Cold Weather Shelter Armory Program provides emergency shelter and support services to the homeless population. CDBG funds will be used towards shelter supplies provided to the homeless. Priority Activity: Support and Ancillary Services This priority encourages activities which support affordable housing units for particular groups, such as Low- and Very Low - income households, homeless, and families in transition from homelessness to independent living. Programs include: • Section 8 Certificate and Vouchers Strategies for support and ancillary services to support affordable housing units for targeted groups include: Encourage the availability of Section 8 rental assistance certificates and voucher certificate program assistance funds through Orange County Housing Authority. Encourage the maintenance of existing and establishment of new Section 8 certificates and support the County's efforts to obtain continued Federal funding. COMMUNITY DEVELOPMENT NEEDS The Community Development needs within the City of Tustin are summarized below. Priority Activity: Youth Centers /Services Youth centers /services have been identified by the community as essential to provide recreational options to area youth. The target area for the CDBG program is severely limited in terms of park and recreation resources that are available to area youth desiring to participate in constructive, affordable, and organized activities. Therefore, priority programs to address the need for youth centers and services within the City of Tustin include: Tustin Family Youth Center — CDBG funds will be allocated to the City of Tustin Parks and Recreation Department to provide a full -time recreation coordinator at the Tustin Family City of Tustin 19 2012 -13 Action Plan Youth Center located in the southwest neighborhood of the City. The Center provides free and affordable recreation services to children, the majority of whom are of Low- income families. • Boys and Girls Club — Upward Bound enrichment program is provided by the Boys and Girls Club for the academic, social, and character development needs of at -risk youth in the southwest area of Tustin (CDBG Low- and Moderate - income tracts). The Upward Bound program provides a comprehensive non - student day program for 100 at -risk youth with computerized tutoring and homework assistance, arts, sports, fitness and recreation. CDBG funds will be utilized to pay for a portion of staff s salary. Priority Activity: Childcare Facilities /Services Additional childcare facilities and services that are affordable to Low - and Moderate - income families are needed to serve the number of families in need in the target area. • Kids Corner Preschool — A preschool program will be provided at the Tustin Family and Youth Center. Free preschool services will benefit Low- and Moderate - income families. The program's main objective is to strengthen a child's self image and feelings of competence through activities such as arts and crafts, field trips, storytelling and nutrition education. CDBG funds will be utilized to pay for a portion of staff's salary. Priority Activity: Recreation Facilities The City's CDBG target area was largely developed prior to its annexation by the City of Tustin; therefore, the area is comparatively limited in terms of park and recreational opportunities. The higher population density within the target area also contributes to the need for more recreational facilities. As a result, considerable attention has been focused on ways to provide additional private and public youth, adult, and senior services and facilities to supplement those which are heavily used at this time. Programs to address this priority include: • Frontier Park Playground — CDBG funding will be used for the replacement of the entire playground area and will include new play structures for both 2 -5 and 5 -12 year olds, a new playing surface, and new accessible compliant ramps. This project will improve park experience by providing more amenities for the residents and their children. • Frontier Park Fitness Element (PY 11/12) — CDBG funds ($29, 348.69) will be reallocated to this project from the Tustin Senior Center Outdoor Lighting project (PY 09/10). The project involves the partial demolition of a handball court and installation of outdoor fitness apparatus at Frontier Park. Priority Activity: Street and Sidewalk Improvements /Infrastructure The majority of the streets, sidewalks, and infrastructure in the CDBG target area, were constructed more than 40 years ago. Also, some portions of the target area were never developed with storm drain and /or sidewalks. These facilities have reached the age where they are beginning to deteriorate more rapidly and require reconstruction. With the population growing, the need for new street City of Tustin 24 2012 -13 Action Plan surfacing and infrastructure is also increasing. The City's objective is to promote the improvement of existing infrastructure and the creation of new infrastructure where such infrastructure is nonexistent or completely inadequate. Programs to address the needs of street, sidewalk, and /or infrastructure improvements include: Williams Street Storm Drain Project — CDBG funds will be used to install a new storm drain on Williams Street northerly to Alliance Avenue, connect the existing 33" storm drain at the intersection of McFadden Avenue and Williams Street, and install a new catch basin at the intersection of Williams Street and Alliance Avenue. Priority Activity: Senior Services Area senior services are presently provided through the City's full- service senior center located in Old Town Tustin. While the senior center is geographically close to the CDBG target area, multi- cultural and economic limitations may be preventing full participation in the center's programs. Additional services are necessary to target this population. Current programs include: • Community SeniorSery — Community SeniorServ's Nutrition Program for the elderly includes congregate and home - delivered meals. These programs provide nutritious meals to Tustin's elderly residents. The program's objective is to alleviate poor nutrition among the vulnerable elderly population, especially prevalent among those who live alone and /or on limited incomes. The program not only provides meals at a congregate site in Tustin, but also home delivery of meals to at -risk seniors (homebound) residing within the City. CDBG funds will be allocated to reimburse the raw food and other meals' related costs. Priority Activity: Crime Awareness The target area has become the community's highest priority for crime prevention activities, given the increasing population density and increasing need for police services. Area residents are potential targets for victim - related crime, which might be prevented by the implementation of crime awareness programs which include: Community Service Program (CSP) — The City will continue to refer at -risk youth to the Assessment and Treatment Services Center Program, managed by CSP. ATSC provides counseling to minor and first -time offenders, youth who demonstrate poor school behavior or performance, youth with family problems, youth who are victims of domestic violence, youth who use drugs or alcohol, or delinquent youth. While program participation is voluntary, a child and his /her entire family must agree to undergo therapy together. Referrals are made to this organization by the Tustin Police and area schools. Counseling services are provided by CSP staff or coordinated with other agencies. CDBG funds will not be allocated to this program. Priority Activity: Anti -Crime Programs Domestic violence has a presence in the City and affects individuals on an emotional, mental and physical level. Many times, victims of domestic violence suffer in silence and do not seek help right away. When victims do seek help, they may not know what resources are available. Domestic violence can be prevented or stopped if victims or potential victims have access to support and counseling services. To meet this need current programs include: City of Tustin 21 2012 -13 Action Plan • Human Options — CDBG funds will be allocated to Human Options, Inc. for the Third Step Program, which provides case management, support, shelter, and counseling services to victims of domestic abuse and their children. The program assists women to be independent and able to maintain a job, household, provide a stable environment for their children, and keep themselves removed from abusive relationships. Priority Activity: Health Services Based on the 2010 census, the Southwest area of the City (CDBG target area) is concentrated with high- density residential and low- income households. Often, the majority of the households' income is utilized to pay for housing. Consequently, limited funds or maybe none at all is set aside for health insurance. Preventive medical and dental care is a luxury that typical households may not be able to afford. Low -cost health services are needed to help the household with preventive health and dental care. Programs to address this need include: • Health and Human Services: The Tustin Parks and Recreation Department offers health services such as fitness programs, hearing test, senior hair cuts, Alzheimer support, housing referrals, counseling, etc. All services are offered free or at small nominal fee to Tustin Seniors. Priority Activity: Code Enforcement Property maintenance issues are of significant importance to the community as the majority of residential, commercial, and industrial structures in the target area are at least 25 years in age. Absentee property owners contributed to delayed property maintenance in many cases. Active Code Enforcement is needed to ensure that properties are properly maintained in accordance with City standards. Programs addressing code enforcement include: • Code Enforcement — CDBG funds will be allocated for code enforcement officer salary and benefits for to support the City's Housing Rehabilitation program targeting the southwest neighborhood (Low- and Moderate- income target areas). • Graffiti Removal — CDBG funds will be allocated for the removal of graffiti in the southwest neighborhood. The southwest neighborhood is located within the CDBG Low - and Moderate- income target areas. Priority Activity: Economic Development Stimulating and retaining business within the CDBG target areas is necessary to rejuvenate dilapidated areas, stimulate private investment, strengthen the City's financial base, improve public facilities, create jobs, and prevent further economic decline to enhance the quality of life in the area. City staff resources and funds will be utilized to assist businesses that benefit the CDBG target area. Programs assisting business include. • Start up and Technical Assistance — The City Manager's office has assumed the responsibilities of economic development with the dissolution of the City's Redevelopment Agency. The City Manager's office provides businesses with access to a variety of financing programs authorized by either the federal or state government, as well as programs provided by other private, public and nonprofit agencies. The City also facilitates preliminary City of Tustin 22 2012 -13 Action Plan development/business license application meetings to discuss site location needs that would be of mutual benefit to the City and businesses and may be able to facilitate land assembly assistance or zoning incentives. The Community Development Department provides permit streamlining services to target businesses. Priority Activity: Planning/Administration Planning services are needed to administer the CDBG program, to prepare planning documents, and to facilitate fair housing assistance - these services are necessary to support other Consolidated Plan priorities. Planning and administration programs include: • Fair Housing Activities — Tustin has distinct and independent policies and programs that affect housing development. From time to time the City will review these policies and programs and evaluate if modifications may be warranted to ensure the jurisdiction is affirmatively furthering fair housing. In addition, CDBG funds will be allocated to contract with the Fair Housing Foundation to provide fair housing services to Tustin residents. The Fair Housing Foundation activities during the 2012 -13 reporting period will include: • Fair Housing Community Education — Conduct fair housing community education presentations, publish and distribute fair housing newsletters, speak at public meetings, and hold training programs for consumers and housing industry professionals. • Fair Housing Enforcement — Respond to housing discrimination complaints, including investigation and portfolio testing, to evaluate the merits of a fair housing claim, and if appropriate, conciliation and /or prosecution of meritorious housing discrimination cases. • Tenant Legal Assistance — Provide legal assistance in court actions within the region, which involve important housing rights such as eviction, housing discrimination, substandard conditions, or retaliation for exercising a lawful right. • Housing Dispute Evaluation & Resolution — Assist in evaluating housing issues /complaints. • Mediation Program — Resolve disputes through certified mediators to assist housing providers /consumers to reach agreements about the disputes without litigation. Planning and Administration — CDBG funds will be allocated for City staff administration of the CDBG program. Funds may also be used to undertake specific plans with impact to the Low- and Moderate - income target area. C. DESCRIPTION OF ACTIVITIES, ANNUAL AFFORDABLE HOUSING GOALS & OUTCOME MEASURES Tables 3 and 4 that follow describe activities to be undertaken, annual goals for each activity including affordable housing goals and the outcome measures. City of Tustin ?3 2012 -13 Action Plan 0 c CO CL c 0 0 N ,, cli 0 0 04 U. 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GEOGRAPHIC DISTRIBUTION Tustin is a relatively small jurisdiction with limited areas which meet the Federal criteria of slum and blight, as defined under California State Redevelopment Law, or concentrations of Low- and Moderate - income persons. Nevertheless, PY 2012 -13 funds have been allocated on the basis of meeting the national objectives of the CDBG program, including programs benefiting Low- and Moderate - income persons or possibly preventing slum and blight. Boundaries of the South Central redevelopment project area overlap areas of Low- and Moderate - income concentrations. Based on Consolidated Plan priorities, the City will focus public services and improvements in the portion of the City known as the Southwest Neighborhood which is also in the CDBG target area. The 2012 -13 Action Plan reflects this "geographic" priority for allocating investment as indicated on the CDBG Low -and Moderate - Income Areas and Project Locations maps. City of Tustin 46 2012 -13 Action Plan City of Tustin PY 2012 -13 Community Development Block Grant Low -and Moderate - Income Areas City of Tustin 47 2012 -13 Action Plan City of Tustin PY 2012 -13 Community Development Block Grant Project Locations City of Tustin 48 2012 -13 Action Plan E. HOMELESS AND OTHER SPECIAL POPULATIONS Data maintained by the Tustin Police Department, indicates that homelessness is not a major issue within Tustin; nevertheless, it is recognized that homelessness is a regional issue for which the City of Tustin must provide a "fair share" of services to address the needs of the region's homeless. To this end, the City of Tustin participates in the County of Orange's annual Continuum of Care (CoC) application process. 1. Activities to Address Emergency Shelter and Transitional Housing Needs of Homeless Individuals and Families The City of Tustin and Orange County Rescue Mission executed a ground lease to support the Rescue Mission's construction/rehabilitation of a 5.1 acre site to establish a 192 -bed emergency and transitional housing project at the former MCAS Tustin. This emergency and transitional housing facility is currently in operation. With respect to PY 2012 -13, the City will allocate CDBG funds for Laurel House, a local temporary shelter for runaway teens, Olive Crest, a transitional housing program for young adults in the foster care system, and Mercy House Armory, an emergency shelter program for homeless individuals. 2. Activities to Prevent Low - income Individuals and Families with Children from Becoming Homeless As stated above, the City of Tustin participates in the County of Orange Continuum Care process. Through this process the City is able to keep current with the region's homeless shelter and service needs. Additionally, through its partnership with the Orange County Housing Authority (OCHA), Tustin renter households have access to OCHA's Family Self - Sufficiency Program. Preference for this program is given to families with children who are homeless or who are in danger of becoming homeless (those paying over 50 percent of household income for rent). In addition to providing housing assistance, this program provides a variety of support services designed to assist participants become economically independent including job training and employment for program participants. Tustin has allocated the maximum allowable amount of its CDBG funds to public service programs. While some of the organizations funded do not directly serve the homeless, many of their activities may help prevent homelessness. These activities include counseling programs for victims of domestic violence, at -risk youth, and youth services through the Tustin Family and Youth Center. City of Tustin 49 2012 -13 Action Plan 3. Activities to Help Homeless Persons Make the Transition to Permanent Housing and Independent Living The City recognized that the homeless are often in need of low rent or subsidized housing in order to make the transition to independent living. The Orange County Housing Authority will continue to assist homeless persons on the Section 8 waiting list. Additional efforts to help the homeless also are provided by local nonprofits and churches. 4. Activities to Address the Special Needs of Persons Who Are Not Homeless The City's Senior Center provides assistance to the elderly and frail elderly. These include transportation services, case management, information and referrals, shared housing program, senior activities, health and fitness, and other recreational activities. The City allocates CDBG funds to assist the Community SeniorSery to provide meal service to the elderly and frail elderly (home -bound elderly). The City will continue to refer persons with special needs, such as persons with disabilities (mental, physical, and developmental), persons with alcohol or other drug dependencies, and persons with HIV /AIDS to appropriate agencies. Human Options receives CDBG funding from the City to implement the Third Step Program which provides case management, support, shelter, and counseling services to victims of domestic abuse and their children. The following table summarizes the organizations that will provide homeless services and special needs services for PY 2012 -13: TABLE 5 LISTING OF HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES FOR FY 2012 -13 Organization Program Name Target Special Needs Funding Population Amount Federal Formula /Entitlement Grants Human Low /Mod Victims of Options Third Step Persons Domestic $3,355 Violence Laurel House Laurel House Regional Homeless $5,370 Homeless Olive Crest Transitional Housing Foster youth Homeless $3,355 Placement Program (16 -18 yrs old) Mercy House Cold Weather Shelter Low /Mod Homeless $3,355 Armory Persons Community SeniorSery Senior Meal Program Elderly Low /mod elderly $13,425 Total $28,860 City of Tustin 50 2012 -13 Action Plan F. NEEDS OF PUBLIC HOUSING The City supports the Orange County Housing Authority (OCHA) housing voucher program. As of January 2012, 349 Tustin households received rental assistance administered by OCHA. The City does not own or operate public housing, and no public housing developments are proposed for Program Year 2012 -13. G. ANTIPOVERTY STRATEGY /REDUCE THE NUMBER OF POVERTY -LEVEL FAMILIES The City continues to support and implement the goals, policies, and programs, as noted in the City's Housing Element of the General Plan and the Consolidated Plan. These documents are designed to provide for adequate, safe, and affordable housing to all segments of the population. The goals outlined in these documents include: • Provide an adequate supply of housing to meet the City's need for a variety of housing types to meet diverse socio- economic needs. • Ensure equal housing opportunities for all existing and future City residents. • Ensure a reasonable balance of rental and owner- occupied housing. • Preserve the existing supply of affordable housing. • Conserve, maintain, rehabilitate, and /or replace existing housing in neighborhoods that are safe, healthful, and attractive, in accordance with the adopted Land Use policy. H. EVALUATE AND REDUCE LEAD -BASED PAINT HAZARDS The City's Consolidated Plan notes that there does not appear to be a large number of housing units in the City that are at risk of lead -based paint hazard; however, to comply with Title X of the Housing and Community Development Act of 1992, the City has incorporated the following policies into its housing programs: • Review existing building, housing, and rehabilitation codes to assure lead -based paint hazard reduction is incorporated. • Require testing and hazard reduction in conjunction with rehabilitation. • Require inspections for lead at appropriate times when housing is otherwise being inspected or evaluated. 1. OTHER ACTIONS 1. General The five -year Consolidated Plan contains a housing and homeless needs assessment which describes estimated housing needs for Low - and Moderate - income residents, special needs populations, and the homeless. During the 2012 -13 funding year, the City of Tustin will undertake the following actions to address obstacles to meeting underserved needs including the following goals: City of Tustin 51 2012 -13 Action Plan • Foster and maintain affordable housing: The City will continue to use available Federal, State, and local resources to foster and maintain affordable housing through housing rehabilitation programs for multi- and single - family dwelling units and provide and /or maintain homeownership opportunities through various homebuyer assistance programs. • Remove barriers to affordable housing: As stated in the Consolidated Plan, the City has adopted indirect assistance programs to address negative impacts created by barriers to affordable housing. The programs listed below are identified as the means by which the City of Tustin will address barriers to affordable housing during the 2012 -13 funding year. ■ Second units ■ Deed restrictions ■ Fees, extractions, and permit procedures ■ Environmental constraints ■ Pre - application conferences ■ Shared housing ■ Permit processing and coordination ■ Section 8 Rental Assistance ■ Housing referral program ■ Density Bonus program ■ Mixed Use zoning • Develop institutional structure: The City will continue to be involved in "network - building" activities with governmental, for - profit, and nonprofit organizations. Activities include attending quarterly Orange County Housing Authority Advisory Committee meetings. Tustin will also continue to fund the Fair Housing Foundation which provides fair housing and advocacy services for the region. Additionally, the City will continue to encourage and participate in efforts to work collectively and cooperatively with other Orange County jurisdictions. * Enhance coordination between public and private housing and social service agencies: The City of Tustin does not own or operate any public housing; however, the City will continue to support and encourage efforts of the Orange County Housing Authority to coordinate private housing resources and social service agencies' programs. • Foster public housing improvements and resident incentives: While the City does not own or operate any public housing projects, Tustin will continue to support the efforts of the Orange County Housing Authority to provide housing assistance to lower income households. • Use available Federal, State, and local financial resources to meet underserved needs: To meet the needs of the City's underserved population, efforts will be made to: • Coordinate with Federal, State, and local agencies to provide appropriate assistance to residents. • Coordinate with public service providers to promote adequate services to residents. City of Tustin 52 2012 -13 Action Plan ■ Work to provide physical improvements to slum and blighted areas and neighborhoods with concentrations of Low- and Moderate - income areas. 2. CDBG Program - Specific Requirements A description of all CDBG funds expected to be available during the 2012 -13 program year is provided in Table 1. A more comprehensive listing of the City's proposed use of those funds is provided in Table 4. No program income has been received from the previous program year; none is anticipated for 2012 -13. The City has no urban renewal settlements, grant funds returned to the line of credit or income from float - funded activities. 3. Citizen Participation and Consultation HUD requires that each jurisdiction encourage its citizens to participate in the development of the Consolidated Plan and subsequent Action Plan. To ensure that this opportunity is provided, the City of Tustin adopted its Citizen Participation Plan in 1995 and revised it in January of 2003. In April 2007, the City Council amended the City's Citizen Participation Plan to shift Citizen Participation Committee duties to the Tustin Community Foundation. Foundation board members were charged with the task to review public service project funding applications and to develop a three -year funding recommendation for the City Council. The Tustin Community Foundation represents a broad cross section of City of Tustin residents and has the ability to leverage CDBG funds with private funds to bolster the effectiveness of public service projects. The Citizen Participation Plan set forth policies and procedures for citizen interaction in planning, implementation, and assessment of the City of Tustin Consolidated Plan/Action Plan. The objectives of the Citizen Participation Plan are: 1. To encourage citizens, particularly residents of Low- and Moderate - income living in areas eligible for the use of program funds, including minorities, non - English speaking persons, and persons with mobility, visual, or hearing impairments to participate in the development of the Consolidated Plan/Action Plan. 2. To assure that citizens are furnished with appropriate information about the Consolidated Plan and its various component programs. The City started the Citizen Participation process by publishing a Notice of Funding Availability (NOFA) in the local newspaper seeking Request for Funding Applications for Public Services for the 2011 -12, 2012 -13 and 2013 -14 CDBG Program Years. In addition, the City also sent the NOFA to 80 nonprofit organizations. The City received 13 applications requesting $943,822 in funding (PY 2011- 12 $306,240; PY 2012 -13 $315,541; PY 2013 -14 $322,041). The 2012 -13 Action Plan covers programs and projects to be undertaken during the respective year. To develop the City's 2012 -13 Action Plan, two public hearings were conducted. The first public hearing was held by the Tustin City Council on February 21, 2012. The purpose of the first public hearing was to inform interested citizens about the CDBG program, obtain citizens' views on CDBG priorities, and receive input and City of Tustin 53 2012 -13 Action Plan recommendations from the City Council on the 2 °d year public service funding allocation and reallocation of CDBG -R funds. A second public hearing was held on May 1, 2012, by the City Council. The purpose of the second hearing was for the City Council to review the Draft Action Plan, including public service and nonpublic service activities, reallocate prior years CDBG funds, and approve a funding allocation for submission to HUD. All notices for the above hearings were published in the local newspaper at least 10 days prior to the hearing date and notices were posted at City Hall and at the library. All citizens were encouraged to participate, and those who required special accommodation were accounted for. The City also, as required by HUD, published a notice of the availability of a Draft Action Plan for public review. The thirty (30) day public review and comment period began on March 8, 2012, and ended on April 9, 2012. Copies of the Draft Action Plan were made available at the City and on the City's website. No comments were received from this public review. 4. Communication The City provides maps and tables to assist citizens in understanding the CDBG overall goals and objectives. Persons interested in the City's CDBG program were also able to obtain information from the City's Webpage. CDBG documents were also available at City Hall, the library, and by fax or electronic mail. 5. Community Vision The City delineates the Community's vision in its Five -year (2010 -2015) Consolidated Plan. The Consolidated Plan outlines community priority needs, short-term and long -term goals, and objectives. A copy of the Consolidated Plan is available to the public upon request at no cost. The City updates the Consolidated Plan as the community's vision and goals change throughout the years. The City annually submits an Action Plan to HUD as an application to receive CDBG funding. Within the Action Plan, the City provides benchmarks on each activity funded. These benchmarks will be utilized to measure the City's progress in achieving the stated goals and vision. 6. Strategies As delineated in the Consolidated Plan, the City strives to address various housing and community needs with limited resources. These actions /strategies are outlined in the various sections of the Action Plan. Section B of this Action Plan describes the activities that the City will undertake to expand economic opportunities. Section C describes the activities and strategies that the City will undertake during the program year to address affordable housing issue. Section E describes the activities that the City will undertake to address the needs of the homeless. Finally, Section I indicates strategies that the City will undertake to address obstacles in meeting the under - served needs, foster and maintain affordable housing, remove barriers to affordable housing, evaluate and reduce lead -based paint hazards, reduce the number of poverty -level families, develop institutional City of'rustin 54 2012 -13 Action Plan structure, and enhance the coordination between the public and private housing and social services agencies. 7. Action Plan Each year the City prepares an Action Plan that not only functions as an application for CDBG funding to HUD, but it is also provided as a tool to provide the public with information on how the City utilizes its entitlement grant for the program year. The Action Plan provides a description of each activity, the amount of funding, and the projected accomplishment. All applications approved for funding by the City are summarized in the Proposed Project Table (Table 4) of the Action Plan. 8. Integrated Approach to Planning and Development Utilizing the Consolidated Plan process, the City was able to identify community needs, goals, and objectives. The City also was able to identify available resources and develop strategies to effectively utilize these limited resources. The Consolidated Plan provides the City with goals and identifiable benchmarks that the can be used to assess accomplishments at the end of program year. Each year the City invites public participation in identifying the needs of the community and prioritizing them in the order of high, medium, low, or no priority. With these identified needs, the City developed its Consolidated Plan/Action Plan and established activities to address these needs utilizing available resources. J. MONITORING SYSTEM To ensure program compliance, the City conducts a regular on -site monitoring visit to each subrecipient. The City established this monitoring procedure to ensure that each subreeipient is carrying out the eligible activity, utilizing appropriate accounting methods, and verifying information provided to the City within the quarterly performance report. The on -site monitoring visit also provides the City with an opportunity to identify potential problem areas and to provide subrecipients with technical assistance as needed. The City utilizes a monitoring checklist form as a standard form to monitor the subrecipients. In addition, all projects are monitored for compliance with all State and Federal requirements including, but not limited to, eligibility, environmental impacts and labor regulations. City of Tustin 55 2012 -13 Action Plan CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti - displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: 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; Establishing an ongoing 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; 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 in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar 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, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or City of Tustin Certification C -1 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; Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti - Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 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 this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti - lobbying 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. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature /Authorized Official Date Community Development Director Title City of Tustin Certification C -2 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105, Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short -term and long -term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan 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 Action Plan 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); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during Program Year 2012 -13 shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds 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. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate - income (not low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. City of Tustin Certification C -3 Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force bylaw enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601- 3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws -- It will comply with applicable laws. Signature /Authorized Official Date Community Development Director Title City of Tustin Certification C -4 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG -FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug- Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: City of Tustin Certification C -5 Place of Performance (Street address, city, county, state, zip code) City of Tustin 300 Centennial Wav Tustin, CA 92780 Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a fording of guilt (including a plea of nolo eontendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This defmition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). City of Tustin Certification C -6