HomeMy WebLinkAbout10 DEVELOPER IMPACT PAYMENT REPORTDocusign Envelope ID: E3598871-OCDO-4005-BA09-6603E5FCB82A
MEETING DATE
TO
FROM
Agenda Item
AGENDA REPORT Reviewed:
City Manager
Finance Director
DECEMBER 3, 2024
ALDO E. SCHINDLER, CITY MANAGER
JENNIFER KING, FINANCE DIRECTOR/CITY TREASURER
SUBJECT: FISCAL YEAR 2023-2024 DEVELOPMENT IMPACT FEE REPORT
(ASSEMBLY BILL 1600)
SUMMARY:
The attached report is prepared to comply with California Government Code Section 66006,
which requires an annual disclosure and review of collected development impact fees and
expenditures within 180 days after the last day of the fiscal year.
RECOMMENDATION:
It's recommended that the City Council receive and file this report.
FISCAL IMPACT:
There is no direct fiscal impact associated with this item.
CORRELATION TO THE STRATEGIC PLAN:
The reporting and recommendation correlate to the City's strategic plan Goal A, Economic
and Neighborhood Development, by reporting impact fees collected and their respective
uses in developing infrastructure, parks, and improvements.
BACKGROUND AND DISCUSSION:
California's Assembly Bill 1600, also known as the Mitigation Fee Act
(Government Code section 66000), was established in California on September 19,
1987. Assembly Bill 1600 requires local governments to create a developer impact
fee program where the developers are charged fees for building new construction
projects. These impact fees are meant to compensate local governments for
infrastructure and public facilities that are necessary to support the increased demand
resulting from new developments, such as roads, schools, parks, and public safety
services.
The purpose of the Assembly Bill 1600 Developer Impact Fee Annual
Report (Government Code 66006) is to provide the following information to the public:
Docusign Envelope ID: E3598871-OCDO-4005-BA09-6603E5FCB82A
City Council Agenda Report
Fiscal Year 2023-20243 Development Impact Fee Report (Assembly Bill 1600)
December 3, 2024
Page 2
➢ Identify and describe each type of fee: The annual report must specify each
type of development impact fee in effect during the reporting period. This includes
fees for specific purposes like transportation, parks, public safety, or other
infrastructure needs;
Amount of fees collected: Local governments must report the total amount of
fees collected during the reporting period for each fee category. This information
helps to track the financial resources available for various infrastructure projects;
➢ Beginning and ending balances: The report should include the beginning and
ending balances of each fee category's fund. This helps us to understand the
collected fees carried over from previous years and how they were spent during
the reporting period;
Amount of interest earned: The annual report must disclose any interest earned
from the fees collected. This interest should typically be used for the same
purposes as the collected fees;
Amount of fees expended or to be expended and the expecting start date of
the known improvement funded from the fees: Local governments are required
to detail the expenditures made or to be made from the collected fees. This
includes specifying the projects and activities for which the fees are used and
providing transparency on how and when the funds are spent;
Inter -fund transfers and loans: The report must describe any impact fees that
were used for transfers between city funds or for loans, if applicable; and
Amount of refunds made. The report must identify the amount of refunds made
pursuant to subdivision (e) of Section 66001 and any allocations pursuant to
subdivision (f) of Section 66001.
Furthermore, the Mitigation Fee Act requires an agency to make the following findings every
five years:
➢ Identify the fee's purpose;
➢ Demonstrate a reasonable relationship between the fee and its purpose; and
➢ Identify all sources and amounts of funding anticipated to complete financing in
incomplete improvements in the fee program.
In summary, the Assembly Bill 1600 Developer Impact Fee Annual Report is essential for
promoting transparency, accountability, informed decision -making, legal
compliance, public participation, and data -driven planning in the collection and utilization
of development impact fees in California. It helps ensure that the funds collected from
developers are used for their intended purposes and benefit the communities affected by
new construction projects.
Docusign Envelope ID: E3598871-OCDO-4005-BA09-6603E5FCB82A
City Council Agenda Report
Fiscal Year 2023-20243 Development Impact Fee Report (Assembly Bill 1600)
December 3, 2024
Page 3
Currently, the City of Tustin collects three (3) types of impact payments: Parks In -Lieu Fee,
Marine Corps Air Station Legacy Backbone Infrastructure Fee, and Voluntary Workforce
Housing Incentive Program In -Lieu Fee. The activities associated with these programs are
captured within the respective dedicated funds. The attached report provides a detailed
overview, including the purpose of each fee, the calculation methodology, fund activity and
balance, a list of projects for the fiscal year ending June 30, 2024, and, where
applicable, a five-year projection of projects utilizing the unexpended fees.
Signed by:
4DS6AFAFFF77473...
Jennifer King
Director of Finance/City Treasurer
DocuSigned by:
� Favowt,
B3F662B1947F41C...
David Faraone
Senior Management Analyst
Signed by:
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Sean Tran, Deputy Director of Finance
Attachment:
1. 2023-2024 Development Impact Fee Report
Envelope ID: E3598871-OCDO-4005-BA09-6603E5FCB82A
I
Remembering what connects us.
Development Impact Fee Report (AB 1600)
Fiscal Year Ended June 30, 2024
CITY OFFICIALS
ALDO E. SCHINDLER, CITY MANAGER
JUSTINA L. WILLKOM, DIRECTOR OF COMMUNITY DEVELOPMENT
JENNIFER KING, DIRECTOR OF FINANCE/CITY TREASURER
STUART A. GREENBERG, CHIEF OF POLICE
MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS
CHAD W. CLANTON, DIRECTOR OF PARKS AND RECREATION
DERICK L. YASUDA, DIRECTOR OF HUMAN RESOURCES
ERICA N. YASUDA, CITY CLERK
CITY ATTORNEY
DAVID. E KENDIG
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Table of Contents
AB 1600 Legal Requirements
Legal Requirement for Development Impact Fee Reporting................................................................... 2
Development Impact Fee Funds
Fund131 - Park Development..................................................................................................... 3
Fund 187 - MCAS Legacy Backbone Infrastructure.............................................................................. 4
Fund 577 - Voluntary Workforce Housing Incentive Program.................................................................. 9
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Legal Requirements for Development Impact Fee Reporting
California's AB 1600, also known as the Mitigation Fee Act (Government Code section 66000), was established in
California on September 19, 1987. AB 1600 requires local governments to create a developer impact fee program
when they impose various development impact fees on new construction projects. These impact fees are meant
to fund infrastructure and public facilities that are necessary to support the increased demand resulting from
new developments, such as roads, schools, parks, and public safety services. The purpose of the AB 1600
Developer Impact Fee Annual Report (Government Code 66006) is to address several critical needs:
➢ Identify and describe each type of fee: The annual report must specify each type of development
impact fee that was in effect during the reporting period. This includes fees for specific purposes like
transportation, parks, public safety, or other infrastructure needs.
➢ Amount of fees collected: Local governments must report the total amount of fees collected during the
reporting period for each fee category. This information helps to track the financial resources available
for various infrastructure projects.
➢ Beginning and ending balances: The report should include the beginning and ending balances of each
fee category's fund. This helps us to understand how the collected fees were carried over from previous
years and how they were spent during the reporting period.
➢ Amount of interest earned: The annual report must disclose any interest earned from the fees collected.
This interest should typically be used for the same purposes as the collected fees.
➢ Amount of fees expended or to be expended and the expecting start date of the known
improvements funded from the fees: Local governments are required to detail the expenditures made
or to be made from the collected fees. This includes specifying the projects and activities for which the
fees are used and providing transparency on how and when the funds are spent.
➢ Administrative costs: The annual report should include information about any administrative costs
associated with the collection and management of development impact fees. This helps to ensure that
the fees collected are primarily used for infrastructure improvements rather than administrative
expenses.
In summary, the AB 1600 Developer Impact Fee Annual Report is essential for promoting transparency,
accountability, informed decision -making, legal compliance, public participation, and data -driven planning in
the collection and utilization of development impact fees in California. It helps ensure that the funds collected
from developers are used for their intended purposes and benefit the communities affected by new construction
projects.
Currently, the City of Tustin collects three (3) types of impact payments: Parks In -Lieu Fee, MCAS Legacy
Backbone Infrastructure Fee, and Voluntary Workforce Housing Incentive Program In -Lieu Fee. The activities
associated with these programs are captured within the dedicated funds for each fee. The attached report
provides a detailed overview, including the purpose of each fee, the calculation methodology, fund activity and
balance, a list of projects for the fiscal year ending June 30, 2024, and, where applicable, a five-year projection
of projects utilizing the unexpended fees.
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History Et Description
Tustin is proud of its extensive park system, comprising numerous passive and active parks featuring a variety of
amenities, such as a lemon tree orchard, hilltop gazebos, outdoor fitness equipment, and sand and grass
volleyball courts. Our community is meticulously planned with a focus on fostering recreation spaces that
promote gatherings and engagement, ultimately contributing to the development of strong community
connections.
On March 2, 1981, Tustin City Council approved Ordinance No. 841 establishing regulations for dedication of land,
payment of fees, or both for park and recreation land in subdivisions.
The Park Development Fee serves as a crucial mechanism for the City to address the growing demand for
recreational spaces and green areas. In rapidly developing environments, allocating land for parks can become
challenging. This fee allows developers to contribute financially instead, ensuring that the City can fund and
create parks, enhancing the overall quality of life for residents and promoting a healthier, more sustainable
landscape.
ralri datinn
The Park Development Fee is calculated on a per -unit basis for each project, reflecting the fair market value of
land required for park purposes. The value shall be determined by a Master Appraisal Institute (MAI) appraiser
acceptable to the City and at the expense of the subdivider.
Downtown Commercial Core Specific Plan (DCCSP): The fee shall be based upon the fair market value of the
amount of land that would otherwise be required for dedication.
Red Hill Avenue Specific Plan (RHASP): Calculate the amount of land that would otherwise be required for
dedication: (# of Dwellings) x (0.003 Acre/Person) x (2.24 Person/Dwelling Unit) Afterwards multiply the amount
of land computed required for dedication by $2,500,000/Acre.
Fund Activity
2023-2024
Actual
Beginning Balance -
Revenue:
Allocated Interest' -
Inclusionary Housing Fee
Rental Income
Expenses:
Projects
Ending Fund Balance
2023-2024 Projects
No reportable projects or activity during fiscal year 2023-2024.
Future Activity
There are currently no planned projects using Park Development Fees.
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History Et Description
The Tustin Legacy Backbone Infrastructure Program (TLBIP) is part of a comprehensive financing and construction
program to ensure the completion of needed backbone infrastructure necessary to accommodate development
within the former Marine Corps Air Station (also referred to as the Tustin Legacy Project), which includes
properties within the City of Tustin, the City of Irvine, and all properties within the MCAS Tustin Specific Plan
("Specific Plan") area.
The purpose of the TLBIP is to facilitate early completion of improvements when needed, provide for a method
of financing the backbone infrastructure network, make provision for development where certain Tustin Legacy
backbone infrastructure is required as a condition of development, and ensure that new development is in
balance with adequately serving backbone infrastructure. The TLBIP is based in part upon the environmental
mitigation measures contained in the Final Joint Environmental Impact Statement/Environmental Impact Report
for the Disposal and Reuse of the Former Marine Corps Air Station Tustin (the Final EIS/EIR, as subsequently
amended), the MCAS Specific Plan and Tustin General Plan, the corresponding Master Development Plan and
Design Guidelines for the Tustin Legacy Project, and approved Concept Plans and entitlements granted for
development within the Tustin Legacy Project, including subsequent amendments thereto.
The TLBIP is periodically adjusted based on updated regulatory requirements, actual costs of construction to
complete backbone elements, and estimated construction cost inflationary increases. The TLBIP identifies
certain required backbone infrastructure improvements needed to serve future development within the Tustin
Legacy Project along with the corresponding source documents, such as, but not limited to, the Final EIS/EIR and
Specific Plan, as may have been amended, which identify the level of development that can be accommodated
upon their completion. Through the TLBIP, the phasing of future development can also be linked to the phasing
of the required backbone infrastructure.
The TLBIP requires all new private development within the Tustin Legacy Project to pay a fair share contribution
of the required Tustin Legacy backbone infrastructure or to design and construct TLBIP improvements, and/or a
combination, as agreed to by the City and the developer. The fair share contributions correlate to actual costs
for improvements which include necessary funding for engineering and construction costs of backbone
infrastructure improvements, the City's administrative and construction management expenses related to such
backbone infrastructure improvements, and any plan checking, inspection, and permitting expenses. The TLBIP
does not include maintenance or operational costs for said backbone infrastructure improvements.
Calculation
Tustin Legacy Backbone Infrastructure Program (TLBIP) Fair Share Contribution Process
Property sales agreements, disposition and development agreements, ground lease agreements, development
agreements, and/or other transaction agreements, shall be utilized to implement the TLBIP. The program has
distinct separate fair share contributions for different disposition packages and/or planning areas. The fair share
contributions for each development area have been allocated based on the comprehensive methodology
identified in a 2017 analysis prepared by David Taussig Et Associates.
Developers, landowners or lessees would enter into agreements with the City to design and construct, provide
cash, or debt financing for their TLBIP Fair Share Contributions. If the City Council is willing to participate in the
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issuance of Community Facilities Districts (CFDs) based on, and in anticipation of, a receipt of bond proceeds,
the City may allow a developer/landowner to defer payment of its Fair Share Contribution, provided that the
deferral of the Fair Share Contribution is secured by a performance bond or letters of credit in a form approved
by the City. If TLBIP improvements are determined to be needed, at the City's sole discretion, the City could
request an advance from the developer before bond proceeds are available or, in the event of the developer's
failure to be responsive, the City could call on the performance bonds or letters of credit.
Developers/landowners/lessees who participate in funding the design and construction of TLBIP improvements
will receive credit toward payment of their Fair Share Contributions to the extent that such improvements are
within the TLBIP, costs are approved by the City, and such cost of improvements are equal to the development
site's Fair Share Contribution. Any credit procedure will be identified in a Reimbursement Agreement upon the
City receiving a performance bond or letters of credit securing the obligation for design and construction.
Credits may be transferred to the subsequent developer/landowner/lessees for a particular development area
with the transfer of title to the land or ground lease interest. However, transfer of credit between participating
developers/landowners, where title to the land or ground lease interest is proposed to be transferred, shall be
first approved in writing by the City.
The current TLBIP outlines the estimated cost of constructing an improvement, including labor, materials and
equipment costs; the reasonable cost of designing and preparing the plans, including engineering services which
generally are approximately 10% of construction costs ( there are a few minor exceptions for more complex
improvement items); estimated fees paid to governmental agencies in order to obtain permits, licenses or other
necessary governmental approvals; and reviews and costs for professional services directly related to the
construction, including engineering, legal, accounting, inspection, construction staking, materials, testing and
similar professional services, which costs would not exceed 5% of construction costs; construction management
services, which costs would not exceed 5% of construction costs; and costs of payment, performance or
maintenance bonds and insurance including any title insurance). Each item of authorized costs includes only
amounts actually paid to third parties and does not include overhead or other internal expenses.
Exemptions
All disputes regarding the applicability of whether Fair Share Contributions are required for specific projects or
the exemption of a project from Fair Share Contributions requirements shall be presented to the City of Tustin
City Manager for resolution.
Government -owned facilities and utilities shall be exempt from payment of Fair Share Contributions to the extent
that the facilities shall not be used for generating revenue or commercial purposes. Examples of exempt public
uses are city halls, parks and park buildings, and other public buildings. Private possessory interests and private
development on public property not owned by the City of Tustin will not be exempt from payment of any required
Fair Share Contributions. Updates to the TLBIP may need to occur incrementally to reflect a redistribution of
Fair Share costs when these circumstances arise.
Application of Fair Share Contributions
When Fair Share Contributions are collected prior to the time of a first building permit being issued within a
Disposition Package or planning area, the Fair Share Contribution shall be determined based on the authorized
entitlements of development within an individual Disposition Package or planning area based on the Fair Share
Analysis.
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In the event that a developer/landowner intends to request an intensification of the land uses identified in the
Fair Share Analysis for a Disposition Package or Planning Area, the Fair Share Contribution will be recalculated
by the City based on the net increase in building area by land use type being proposed.
Notwithstanding property tax exemptions, government -owned or constructed facilities including but not limited
to counties and cities that will generate revenue or be leased for commercial purposes shall be required to make
a Fair Share Contribution towards the TLBIP. Examples of this include the revenue generating portions of airports,
train stations, sports arenas, convention centers, bus terminals, hotels, or concessions on public lands. In the
event that the construction of these facilities is not currently known, and is an expansion of an existing use, the
Fair Share Contribution shall be determined by the City based on the net increase of building area and type of
land use.
Fair Share Contributions are limited to capital improvements that expand system capacity and shall not be spent
on maintenance, personnel training, or other operating costs.
Rights of Way
Rights -of -Way for the TLBIP are assumed to be dedicated to the City by developers/landowners in conjunction
with the development where required by the City or may have already been acquired or reserved by the City.
Consequently, the costs for Rights -of -Way have not been included in the TLBIP with the exception of minor
arterial increments that were in the City of Irvine and needed to complete a missing link or intersection
improvement as originally shown in the TLBIP. Rights -of -Way dedications are therefore not creditable towards
Fair Share Contributions.
Fund Activity
Beginning Balance
2023-2024
Actual
$15,569,880
Revenue:
Allocated Interest'
670,938
Developer Contributions
-
Miscellaneous Reimbursement
-
Expenses:
Projects
4,811,884
Ending Fund Balance
11,428,934
Allocated Interest includes Unrealized Gain/Loss.
2023-2024 Projects
20083 Tustin Legacy Linear Park - 2023-2024 Expended $391,692
Design and construction of Tustin Legacy Linear Park from Armstrong Avenue to Warner Avenue in Neighborhood
D South. This project is part of the TLBIP. This project is designed in conjunction with the Armstrong Avenue and
Warner Avenue pedestrian bridges and Neighborhood D South Phase 2 Improvements to address overlapping
infrastructure elements. Rough grading of the park site includes initial elements of the pedestrian bridges and
takes into account project boundaries and limits associated with the roadway improvements constructed as part
of the Neighborhood D South Phase 2 Improvements project.
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20084 Alley Grove Promenade - 2023-2024 Expended $1,973,385
Alley Grove includes the design and construction of a 2-acre pedestrian connection from Armstrong Avenue to
Tustin Ranch Road through Neighborhood D South at Tustin Legacy. This links the Flight office campus to the
District shopping center. In addition, the project includes a sports area at the corner of Armstrong Avenue and
Flight Way.
70257 Armstrong Pedestrian Bridge - 2023-2024 Expended $1, 697, 610
Design and construction of a pedestrian bridge over Armstrong Avenue. This project is part of the Tustin Legacy
Backbone Infrastructure Program. This project is designed in conjunction with the Tustin Legacy Linear Park in
Neighborhood D South, the Warner Avenue pedestrian bridge, and Neighborhood D South Phase 2 Improvements
to address overlapping infrastructure elements. The pedestrian bridge is split into two phases. The first phase
includes rough grading, surcharge, and establishment of the structural mounds. The second phase will include
final improvements associated with the bridge.
70260 Warner Avenue Pedestrian Bridge - 2023-2024 Expended $593,012
Design and construction of a pedestrian bridge over Warner Avenue. This project is part of the Tustin Legacy
Backbone Infrastructure Program. This project is designed in conjunction with the Tustin Legacy Linear Park in
Neighborhood D South, the Armstrong Avenue pedestrian bridge, and Neighborhood D South Phase 2
Improvements to address overlapping infrastructure elements. The pedestrian bridge will be split into two
phases. The first phase will include rough grading, surcharge, and establishment of the structural mounds. The
second phase will include final improvements associated with the bridge.
Project Administration - $156,185
Future Activity
20083 Tustin Legacy Linear Park
Design and construction of Tustin Legacy Linear Park from Armstrong Avenue to Warner Avenue in Neighborhood
D South. This project is part of the Tustin Legacy Backbone Infrastructure Program. This project will be designed
in conjunction with the Armstrong Avenue and Warner Avenue pedestrian bridges and Neighborhood D South
Phase 2 Improvements to address overlapping infrastructure elements. Rough grading of the park site will include
initial elements of the pedestrian bridges and will take into account project boundaries and limits associated
with the roadway improvements constructed as part of the Neighborhood D South Phase 2 Improvements project.
70243 Tustin Ranch Road Pedestrian Bridge
Design and construction of a pedestrian bridge over Tustin Ranch Road. This project is part of the Tustin Legacy
Backbone Infrastructure Program.
70257 Armstrong Avenue Pedestrian Bridge
Design and construction of a pedestrian bridge over Armstrong Avenue. This project is part of the Tustin Legacy
Backbone Infrastructure Program. This project will be designed in conjunction with the Tustin Legacy Linear Park
in Neighborhood D South, the Warner Avenue pedestrian bridge, and Neighborhood D South Phase 2 Improvements
to address overlapping infrastructure elements. The pedestrian bridge will be split into two phases. The first
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phase will include rough grading, surcharge, and establishment of the structural mounds. The second phase will
include final improvements associated with the bridge.
70259 Neighborhood D North Phase 1
Design and construction of roadways, storm drain, and utility infrastructure to support the disposition of land in
Neighborhood D North, which is bounded by Warner Avenue, Tustin Ranch Road, Moffett Drive, and Armstrong
Avenue.
70260 Warner Avenue Pedestrian Bridge
Design and construction of a pedestrian bridge over Warner Avenue. This project is part of the Tustin Legacy
Backbone Infrastructure Program. This project will be designed in conjunction with the Tustin Legacy Linear Park
in Neighborhood D South, the Armstrong Avenue pedestrian bridge, and Neighborhood D South Phase 2
Improvements to address overlapping infrastructure elements. The pedestrian bridge will be split into two
phases. The first phase will include rough grading, surcharge, and establishment of the structural mounds. The
second phase will include final improvements associated with the bridge.
(Project number to be assigned) Neighborhood G Sports Park
Design and construct a sports park in Neighborhood G
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History Et Description
On August 11, 2018, Tustin City Council approved Ordinance 1491 that added Chapter 913 to the Tustin City Code
entitled "Voluntary Workforce Housing Incentive Program", requiring the provision of affordable housing, or
in some instances, the payment of an in -lieu fee, where developers opt to construct residential uses within any
existing or future -adopted specific plan area through the utilization of Residential Allocation Reservations
("RARs").
Calculation
The contribution of fees is payable in accordance with Tustin City Code Chapter 9B BB923 (b)(c). Calculations
of the fee are as follows:
1.
2.
Per Unit Fee $14,478
Multiply the per unit fee by /z of the
Multiply the per unit fee by /z the
(calendar year 2023)
number of base units provided on
residential project's total square
AND
site.
feet of residential area.
Per Unit Fee $14,984
(Unit Fee)
(calendar year 2024)
(Unit Fee)
X
X
(Base Units Provided On -site / 2)
(Residential Project's Total Square
Feet of Residential Area / 2)
Fund Activity
Beginning Balance
2023-2024
Actual
2,089,584
Revenue:
Allocated Interest'
115,864
Inclusionary Housing Fee
101,346
Expenses:
Projects
5,471
Ending Fund Balance
2,301,323
1 Allocated Interest includes Unrealized Gain/Loss.
2023-2024 Proiects
Families Forward - 2023-2024 Expended $5,471
On November 7, 2023, the City Council approved a grant agreement between the City of Tustin Housing Authority
and Families Forward in the amount of $2,000,000 for the construction of six to eight affordable housing units.
Council also appropriated an additional $100,000 to cover the administrative costs of the project. The City will
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disburse the grant funding when Families Forward completes the entitlements of the project within one year of
the grant execution date. The project budget will be carried over into the 2024-2025 fiscal year, with an
anticipated completion in 2025-2026.
Future Activity
Other than the Families Forward project, there are currently no other planned projects using Voluntary
Workforce Housing Incentive funds.
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