HomeMy WebLinkAbout21B - CDBG - RECOVERY PROGRAMREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 1, 2009
TITLE:
COMMUNITY DEVELOPMENT BLOCK GRANT
- RECOVERY PROGRAM
;,-~
/^~; r
1.1r ~ti ,~--~--
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve a third substantial amendment to the Consolidated Plan 2008-2009
Action Plan and authorize its submittal to the U. S. Department of
Housing and Urban Development.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMNJENDATION
At a Special Meeting on May 26, 2009, by a vote of 4:0 (Reyes absent),
the Community Redevelopment and Housing Commission recommended that the
City Council approve a third substantial amendment to the Consolidated
Plan 2008-2009 Action Plan and authorize its submittal to the U. S.
Department of Housing and Urban Development.
DISCUSSION
The American Recovery and Reinvestment Act of 2009 ("Recovery Act")
appropriated $1 billion for communities to carryout the Community
Development Block Grant program. The grant program funded through this
appropriation is referred to as Community Development Block Grant -
Recovery Program (CDBG-R). Under the terms of the funding distribution
formula established by the U. S. Department of Housing and Urban
Development (HUD), Santa Ana has been allocated $1,852,245.
In order to receive funding, the City must adopt a Substantial Amendment
to its Consolidated Plan 2008 Action Plan (Exhibit 1) The Annual Action
Plan serves as the formal application to HUD for our annual federal grant
allocations (CDBG, HOME, ESG, and HOPWA) and describes how those grant
funds will be used.
The activities eligible under regular CDBG are also eligible under the
new CDBG-R program, although the emphasis of these funds is to stimulate
21 B-1
CDBG-R
June 1, 2009
Page 2
economic growth. CDBG-R assistance is not intended to provide long-term
support for program participants, but to focus on a one-time infusion of
federal funds to assist the current economic environment. HUD has
strongly urged local grantees to commit the CDBG-R funds to hard
development costs associated with infrastructure projects. The table
below indicates the preliminary estimates for the various CDBG-R
activities.
CDBG-R Estimated Budget Summary Total Amount Budgeted
Public Facility Improvements $1,752,245
Administration $100,000
Total CDBG-R Amount Budgeted $1,852,245
HUD regulations require that the draft third substantial amendment be
made available for a 7-day public review and comment period. On May 12,
2009, notification was published in the Orange County Register that the
draft amendment was available for review beginning May 19, 2009, and that
a public hearing would be held on May 26, 2009. It was also noticed in
La Opinion and Nguoi Viet, as well as on the City's website. The 7-day
public comment period concluded on May 26, 2009, at 5 p.m. All comments
received have been included in the final document, which is due to HUD no
later than June 5, 2009.
FISCAL IMPACT
By submitting this third substantial amendment to its 2008-2009 Annual
Action Plan, the City of Santa Ana will be eligible to receive $1,852,245
in grant funds under the American Recovery and Reinvestment Act of 2009
for Community Development Block Grant-Recovery.
APPROVED AS TO FUNDS AND ACCOUNTS:
Cy hia J. N lson
Deputy City Manager for
Development Services
Community Development Agency
Francisco Gutierrez
Executive Director ~'"~
Finance & Management Services Agency
CJN/NTE/mlr
21 B-2
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
CDBG-R SUBMISSION TEMPLATE
& CHECKLIST
The American Recovery and Reinvestment Act of 2009 ("Recovery Act") was signed
into law by President Obama on February 17, 2009. The Recovery Act awards $1 billion in
CDBG Recovery (CDBG-R) funds to be distributed to cities, counties, insular areas and states,
of which $10 million has been reserved by HUD for its administrative costand $10 million of
which will be awarded to Indian tribes. Recipients of the remaining' ~~)80 million of CDBG-R
funds will be the approximately 1,200 jurisdictions that received CDBG funding in Fiscal Year
2008. This template sets forth the suggested format for grantees rc~civiilg funds from CDBG-R.
A complete submission contains the information requested bel~~~~~, including:
(1) The CDBG-R Substantial Amendment (template attached below)
(2) Spreadsheet for Reporting Proposed CDBG-R Actin hies (see
http://www.hud.gov/recovery) ~ ,~
(3) Signed and Dated Certifications (see http://wwa~.hud.gov/recovery)
(4) Signed and Dated SF-424.
Grantees should also attach a completed CDBG-R ~uhstant~al :~mciidment Checklist to ensure
completeness and efficiency of review (attached hcluw).
~ ~
EXHIBIT 1
21 B-3
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
THE CDBG-R SUBSTANTIAL AMENDMENT
Jurisdiction(s): CDBG-R Contact Person:
City of Santa Ana, CA Nancy T. Edwards
Address:20 Civic Center Plaza, M25
Jurisdiction Web Address: Santa Ana, CA 92701
www.santa-ana.org Telephone: 714-647-5360
• (URL where CDBG-R Substantial Fax: 714-647-6549
Amendment materials are posted) Email: nedwardsresantaa.org
ENSURING RESPONSIBLE SPENDING OF RECOVERYACT FU.'~'D.S
~6
Funding available under the Recovery Act has clear purhuses - to stimulate t~e_economy through
measures that modernize the Nation's infrastructure, unprove energy efficiency, and,eYpand
educational opportunities and access to health cafe. HUD stron~Iy urges grantees to u'se CDBG-
R funds for hard development costs associated with infrastcuctur~ a~~ivities that p~`ovide basic
services to residents or activities that promote energy efficient,} and conservation through
rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is
available to grantees, the Department strongly ~ubgests that grantees incorporate consideration of
the public perception of the intent of the Rea~~~ery_ Actin idcntit~~ingarid selecting projects for
CDBG-R funding.
A. SPREADSHEET FOR,REI'(1R %'!:'1rG PROPOSED CDBG-R ACTIVITIES
~""
Grantees must provide information cuucerning CDBG-R assisted activities in an electronic
spreadsheet pro~-idecl b` I l l?D. Tiic information that must be reported in the spreadsheet
includes activ-it}f`nalne~ a~ti~~it~~ de~eription, CDBG-R dollar amount budgeted, eligibility
category, ~iational obje~ative citation, acl~]itional Recovery Act funds for the activity received
from other programs, and~otal activity budget. An electronic copy of the spreadsheet and the
format is available on HUD's recover website at http://www.hud.gov/recovery.
Response:
A copy of the rep~~rt is included as attachment 1.
2
21 B-4
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
B. CDBG-R INFORMATIONBYACTIVITY~COMPLETE FOR EACHACTIVITY~
(1) Activity Name: (Grantees should follow the same order that activities are listed in the Spreadsheet
for Reporting Proposed CDBG-R Activities -this will allow HUD to easily match activity narratives
with the information provided in the spreadsheet.)
Response:
Actviity Names:
CDBG-R Administration
CDBG-R Public Facility Improvements
(2) Activity Narrative:
In addition to the Spreadsheet for Reporting Proposed CDBG-R :-~~ti~ hies, lantees must provide a
narrative for each activity describing how the use of the grange's CDBG-R funds will meet the
requirements of Title XII of Division A and Section 1 G02 of A .The grantee's narrative must
also state how CDBG-R funds will be used in a manna that maximizes job creation and economic
benefit in relation to the CDBG-R funds obligati, and ~~ il.l ad~3ress the Recovery Act, by:
• Preserving and creating jobs and promoting ectlnomir recovery;
• Assisting those most impacted by the recession;
• Providing investment needed to increase economic efficiency;
• Investing in transportation, envir~nrtiental protection, car other infrastructure that will
provide long-term economic bt ne l i l s;
• Minimizing or avoiding reductions in c~sentialser~~iccs: or
• Fostering energy uidependence.
Response:
Activity Narrati~~cs
CDBG-R Administration ;
Complying with 'Title III of T7i~~sion A and~~ection 1602 of ARRA
With the~appratial pf the subsi~intial amcndnient the City will obligate funds for administration
thecckiy compl}'ing with the 120 talcn~lau~ day requirement to obligate funds.
Maximizing Job Creatiai~ and I~conumic Benefit
Under this activity the ~ty is estimating that zero jobs will be created or retained. The City will
be using c:~isting staff to administer the program.
Addressing`h~tent of ~heRecovery Act
With the use of CDBG-R funds for administration the City will indirectly address components of
the Recovery Act by providing oversight for activities that will preserve/create jobs, invest in
infrastructure and assist those most impacted by the recession.
CDBG-R Public Facility Improvements-Streets
Complying with Title XII of Division A and Section 1602 of ARRA
The City will be able to obligate funds within a 120 calendar days from the date HUD signs the
agreement with the city. The City's normal timeframe for obligation of funds meets this
requirement. Unfortunately for infrastructure investment due to the release date of the CDBG-R
notice, May 5, 2009, it is unfeasible for the city to achieve a goal of using at least 50 percent of
the funds for activities that can be initiated not later than 120 calendars days after February 17,
21 B-5
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
2009. To achieve this goal the City would need to use 50 percent of the funds by June 17, 2009.
Due to the processes and procedures involved with obligating funds for infrastructure projects the
City will not be able to obligate 50 percent of the funds before the June 17, 2009 milestone date,
although, the City will obligate the funds in 120 days from the date of the agreement between the
City and HiJD as stated earlier
Maximizing Job Creation and Economic Benefit
Under this activity the city is estimating that 35 construction jobs will be created or retained.
Addressing Intent of the Recovery Act
This activity aims to invest in infrastructure and energy efficiency. that wiprovide future
economic benefit. CDBG-R will provide funds to undertake public I ~icility improvements in
CDBG eligible (low-income) areas of the city. By providing'fun~ling fir public facility
improvements this will bring federal funds into the local jin7sdiction and address the intent of the
Recovery Act. Additionally, with the award of a constructio~ontract the City aims to create
construction jobs.
(3) Jobs Created: (Report the number of full- and part-time jobs estirt~ate to be created an.i retained by
the activity (including permanent, construction, and temporary jobs)).
Response:
CDBG-Administration - 0 Jobs
CDBG-Public Facility Improvement-Streets 35 Constrncti~~n Juh
(4) Additional Activity Informations (A description of how the activity will promote energy
conservation, smart gr<~« th, ~~reen building techr~blogies, or reduced pollution emissions, if
applicable.) ''
~.
Response:
In the propod public f~acility'~»hr~~~ cmenf_actiti~ity the city will be using a green building
technoln~y called Ct~ld In-1~laceRcc~~cling (CIR). The process begins with a milling machine
gri~iding offthe pavcm~nt t~~ he recycled~,Next, the material travels up a conveyor belt to the
cycling unit. From there, the material`is separated by size by the screener. The pieces that are too
big ark sept to the crusher:..?he cru,}~er breaks down these remaining pieces and sends them back to
the screencz~ Finally an oil mixture is added to the screened material at the base of recycling unit.
Once the C[R is produced, it is applied to the street similar to conventional asphalt pavement.
4
21 B-6
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
(5) Responsible Organization: (Contact information for the organization that will implement the CDBG-
Ractivity, including its name, location, and administrator contact information)
RPCnnncP~
Grantee Name Cit of Santa Ana
Name of Entity or Department
Administerin Funds Community Development Agency (CDA)
CDBG-R Contact Person Nanc Edwards
Title Assistant Director Communit Develo ment
Address Line 1 20 Civic Center Plaza - M25
Address Line 2 PO Box 1988
Cit ,State, Zi Code Santa Ana, CA 92701
Tele hone 714-647-5360
Fax 714-674-6549
Email Address nedwards santa'-ana.or
Authorized Official
if different from Contact Person David N. Ream
Title Cit Mana er ~ ri
Address Line 1 20 vic Center Plaza
Address Line 2 ®' ' `
Cit ,State, Zi Code Santa Ana, CA 92701
Tele hone 714-647-5200
Fax 714-647-6954
Email Address acflri tensen sang-aria.c~rq
~'
~.
5
21 B-7
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
C. PUBLIC COMMENT
Provide a summary of public comments received to the proposed CDBG-R Substantial
Amendment.
Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods
and posted on the jurisdiction's website for no less than 7 calendar days for public comment.
Response:
No public comments were received.
6
21 B-8
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
CDBG-R Substantial Amendment
Grantee Checklist
For the purposes of expediting review, HUD asks that applicants submit the following checklist
along with the CDBG-R Substantial Amendment, Spreadsheet for Reporting Proposed CDBG-R
Activities, and SF-424.
,~
Jurisdiction(s):
Lead Agency
Jurisdiction Web Address:
(URL where CDBG-R Substantial
Amendment materials are posted)
K Action Ylan ~uustant~a- Amer.
CDBG-R Contact Per~~~n:
Address:
Telephone:
Fax:
Email:
,~
The elements in the substantial amendment reyaired for the CDBU recovery funds are:
A. SPREADSHEET FOR REPORTING PROP05L~U CnSC-R .4 CTIVITIEb'
Does the submission contain a paper copy of the S}~readsheet for Reporting Proposed CDBG-R
Activities?
Yes® No^ `'erillc~ttion found on page Attachment 1
Does the submission ii~rlude~an eleet~~nic~vezsion of the Spreadsheet for Reporting Proposed
CDBG-RActivities sent to the email bux CDBG-R@hud.gov?
Yes® No^ Date Spreadeet was emailed: June 2, 2009
Does the Sp~adsheet for Reporting Proposed CDBG-R Activities include, for each activity:
• amount of funds bu~l~eted for each activity, including CDBG-R funds, any additional Recovery
Funds used and total activity budget,
Yes® No^ Verification found on page(s) Attachment 1
• the Eligibility citation (eligibility regulatory cite or HCDA cite),
Yes® No^ Verification found on page(s) Attachment 1
• the CDBG national objective citation,
Yes® No^ Verification found on page(s) Attachment 1
7
21 B-9
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
B. CDBG-R INFORMATIONBYACTIVITY
Does the submission contain information by activity describing how the grantee will use the funds,
including:
• a narrative for each activity describing how CDBG-R funds will be used in a manner that
maximizes job creation and economic benefit,
Yes® No^ Verification found on page(s) 33=4
• projected number of jobs created for each activity,
Yes® No^ Verification found on page(s) 4
• whether an activity will promote energy efficiency and~con;er~~ation,
Yes® No^ Verification found on page(s) 4' >
• the name, location, and contact information fox the entity that will cagy out the activity,
Yes® No^ Verification found oii pale(s) 5
• evidence that no more than 10% of the grant am~~uut ~i•il1 be spent on administration and
planning,
Yes® No^ Verification gfuund on page (s) ~\ttachment 1
• evidence that no more than 15% of the ,rant amount ~~ i I1 be spent on public services,
Yes® No^ Verification found ~~n pale (s) atta'ment 1
• evidence that at }east ''0°fa o~ the grant amount will benefit persons of low and moderate income,
Yes® No^ ~'er7fication found on page (s) 33=4
C. PUBLIC C~.tir1~IE~vrPf~~lion
Was the proposed action plan amen~»ent published via the jurisdiction's usual methods and on
the Internet for no less than 7 ralcndar ~l~~ys of public comment?
~.es® No^: ~'critieation found on page(s) Attachment 2
Is there a smninarv of citizen'comments included in the final amendment?
Yes® I~TO^ Verification found on page(s) 6
D. CERTIFICATIONS
The following certifications are complete and accurate:
(1) Affirmatively furthering fair housing Yes® No^
(2) Anti-displacement and relocation plan Yes® No^
(3) Drug-free Workplace Yes® No^
(4) Anti-lobbying Yes® No^
(S) Authority of jurisdiction Yes® No^
(6) Consistency with plan Yes® No^
(7) Section 3 Yes® No^
21 B-10
Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
(8) Community development plan Yes® No^
(9) Following a plan Yes® No^
(10) Use of Funds Yes® No^
(11) Excessive Force Yes® No^
(12) Compliance with anti-discrimination laws Yes® No^
(13) Lead-based paint procedures Yes® No^
(14) Compliance with laws Yes® No^
(15) Compliance with ARRA Yes® No^
(16) Project selection Yes® No^
(17) Timeliness of infrastructure investments Yes^ ~ No^
(18) Buy American provision Yc~® No^
(19) Appropriate use of funds for infrastructure investments Yes® No^
(20) 70% of CDBG-R for LMI 1'es^ No^
Optional Certification
(21) Urgent Need Yes^ Nc~^
D. STATE CERTIFICATIONS
The following certifications are complete and accurate:
(1) Affirmatively furthering fair housing , Xes No^
9
(2) Anti-displacement and relocation plan Yes No^
(3) Drug-free Workplace Yes^ No^
(4) Anti-lobbying ~ Yes^ No^
(5) Authority of State Yes^ No^
(6) Consistency with plan Yes^ No^
(7) Section 3 Yes^ No^
(8) Community de~elo~nerzt ~~I~m Yes^ No^
(9) Consultation with L<~cal Guy crnmenta~ Yes^ No^
(10) Use of Funds Yes^ No^
(11) Excessi~~c Force ~' Yes^ No^
(12) Con~~liance with anti-discrimination is«~s Yes^ No^
(13) Compliance with laws Yes^ No^
(14) Compliance with ARRr1 Yes^ No^
(15) Project selection Yes^ No^
(16) Timeliness of~ii~frastructure investments Yes^ No^
(17) Buy American pr"~visio~~ Yes^ No^
(18) Appropriate use of funds for infrastructure investments Yes^ No^
(19) 70% of CDBG-R i ox LMI Yes^ No^
Optional Certification
(20) Urgent Need Yes^ No^
9
21 B-11
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Third Substantial Amendment to the Consolidated Plan 2008-2009 Action Plan for the
Community Development Block Grant Recovery Program (CDBG-R)
THE REGISTER T":aPe`•t°`mingua`r~°r~r
625 N GRAND AVE, SANTA ANA, CA 92701
Telephone (714) 786-7000 /Fax (714) 796-6069
CNS#: 1588614
PUBLIC NDTICE 7•Dav Pudic Comment
p
NOTICE OF A PUBLIC 'the l~day pub5o wnrmenl
COMMENT PERIOD AND period fa the W,rd
PUBLIC HEARING TO BE subslan5m artlendrnenl of
HELD BY THE COMMUNnY the 200&2009 Actlon Plan
.REDEVELOPMENT MD
-HOUSING COMMISSION will corrrnenw on May 19
2009 and wiz erd at Bd1d
~.~OP THE CITY OF SANTA pm on hwy 28, 2009. The
-ANA ; REGARDING ~ THE drag WM subsWntlm
- ' 'COMMUNITY amendmed' shall be
PRUOF OF PUBLICA1T10N ~E~~"gENN`~~°~~o YB`acx a~tl~a~~~°'~°~I°~
. PROORAAI ~ houre W htiaen 8:00 a.m. and
8:00 P•~. Monday through
(2015.5 C.C.P.) On February 17, 2009, 81e
Amariwn Recovery' and Fdda9 fn 816 olfiwa or the
Housing Departmer~i, 20
Rmnvaelment Ad of 2009
was signed Into law. The Ad CMo Gaoler Pleze; 3 Floor,
COmnurJlr Devatopmant
State of California ) - - - - - indudea rneeevrea to ~ewy,^ 30 civic Cent«
County of ORANGE ) SS _ _ in~Ossvadure, the eoi,a oe ~Ge~ric oilhe C~o'i~dl~, 20 q~viac
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Ad Description: COMMUNITY DEVELOPMENT BLOCK {coeo•Ri Pr Arran Toe ~ AO~.rwgdry20 q~vtYaB1o e~ntalr
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GRANT-RECOVERY PROGRAM or Serra Ana has received Floc, Santa Ana,
Ptaza, 8
rw8w tllat II has been CA 92701 Orl a before 5:00
albcated 51,852,245 in pm an May 28, 2009.
C08G•R Nods. to orde to
- recatve these Nods Ns City Tha pubrw hoanng,
Is regdred to subalendmly preparation or the drefl 1Nrd
amend IIS 2008.2009 Annual subslentlm amendment, and
I am a dozen of the United Slates and a resident of the State of Califomia; I am Avon plan. The Annum
Pl
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O 7-day Public carvrlenl Period
t ih
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over the a e of ei hteen ears, and not a a to or Entetested In the above
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entitled matter. I am the prindpai dedt of the prtnter end publlaherof fha THE lo9~te thane documents and sppswtlon r« rede
REGISTER, a newspaper published in the English language in the dry of online U1e Citys pnortry
IxWe+ng and conmuNly Nnds under Amencan
Reoovary end Ralnv~slnlenl
SANTA ANA, county of ORANGE, and adjudglid a newspaper bf general needs, suatepiea to addreea Aa or 2009, ComnrNry
dreulatlon as defined by the laws of the State of Ealifomfa by the Superior uis ewil°a°loateeemarw~ea io oRescov~anrograOCt"iwtt°ca`aN-
State of California, under date 11/19/1905,
Court of the County of ORANGE meof utose pnalry needs.
,
Case No. A21046. That the notice, of which the annexed is a p'rlrited copy, has
To amend Ina zoos Aaron Questions n1aY ba dreded to
Frank Menendez end rem
been published in each regular and entire issue bf said htnvspaper end not in Plan the Pty is rsqulrod to Egger et f714) S47fi350.
any supplement thereof on the following dates, to-wit: hdd a 7-0ay public comment
penes aunng wnitll tlme the
Pudlsh May 12, 2009
Audio Is free to reNew the &12!08
dreg or ttw Wrd 2008 AcOon CN8.1898814A
Plan Subatentlm Amendment THE REGISTER
aM b mso hdd a pudic
hearing. Notlw is i»reby
Ivan that the ConararNry
05112!2009 edeveloprrnnt and Roueing
C«mYssion of 8e City or
- Santa Ana wi0 hdd a pudic
hearing on May 26, 2009 at 6
p..m In IM (.1ty Cenral
Clwndlors
22 CMo Center
,
%aza Sena Ane CalirorNe
9270f, to rece/ve Audio
comments on the Ihgd
8ubsfandal Amendment to
Executed on: 05/12/2009 the 200&2009 ComaOdatad
At SANTA ANA, California lr%iamrppoorraata~lhe pCommuN~
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I certify (or declare) under penalty of perJury that the foregoing Is true and I
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Correct. lnlareslad paNSS. To
download a Dopy Or the
amerdmen4 peaty vwt the
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11
21 B-13
CERTIFICATIONS
(1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing,
which means that it will conduct an analysis to identify 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 the analysis and actions in this regard.
(2) Anti-displacement and relocation plan. The jurisdiction will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24; and it has in
effect and is following a residential anti-displacement 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 CDBG-R.
(3) Drug Free Workplace. The jurisdiction will or will continue to provide adrug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing 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 maybe imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant 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;
5. 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
21 B-14
(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;
7. Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5 and 6.
(4) Anti-lobbying. To the best of the jurisdiction's knowledge and belief:
1. 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.
(5) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs
for which it is seeking funding, in accordance with applicable HUD regulations and other program
requirements.
(6) Consistency with Plan. The housing activities to be undertaken with CDBG-R funds are consistent
with its consolidated plan.
(7) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135.
(8) Community development plan. The jurisdiction certifies that the consolidated housing and
community development plan identifies housing and community development needs and specifies both
short-term and long-term community development objectives that have been developed in accordance
with the primary objective of the statute authorizing the CDBG program.
(9) Following a plan. The jurisdiction is following a current consolidated plan that has been approved
by HUD.
(10) Use of funds. The jurisdiction has developed activities so as to give the maximum feasible priority
to activities that will benefit low- and moderate-income families or aid in the prevention of slums or
blight. Additional activities may be included that are designed to meet other community development
needs having particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community where other financial resources are not available to meet such needs
It has complied with the following criteria:
2
21 B-15
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R
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. Special Assessments. The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG-R 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-R
funds are used to pay the proportion of a fee or assessment attributable to the capital costs of
public improvements (assisted in part with CDBG-R funds) financed from other revenue sources,
an assessment or charge maybe made against the property with respect to the public
improvements financed by a source other than CDBG-R funds. The jurisdiction will not attempt
to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG-
R 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-R funds. In addition, with respect to properties owned and occupied by
moderate-income (but not low-income) families, an assessment or charge maybe made against
the property with respect to the public improvements financed by a source other than CDBG-R
funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment.
(11) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy
prohibiting the use of excessive force by law 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 that is the
subject of such non-violent civil rights demonstrations within its jurisdiction.
(12) Compliance with anti-discrimination laws. The CDBG-R grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair
Housing Act (42 U.S.C. 3601-3619), and implementing regulations.
(13) Compliance with lead-based paint procedures. The activities concerning lead-based paint will
comply with the requirements of part 35, subparts A, B, J, K, and R of this title.
(14) Compliance with laws. The jurisdiction will comply with applicable laws.
(15) Compliance with ARRA. The jurisdiction will comply with Title XII of Division A of the
American Recovery and Reinvestment Act of 2009.
(16) Project selection. The jurisdiction will select projects to be funded, by giving priority to projects
that can award contracts based on bids within 120 days from the date the funds are made available to the
recipient, and that will ensure maximum job creation and economic benefit.
(17) Timeliness of infrastructure investments. When the jurisdiction uses CDBG-R funds for
infrastructure investments, the grantee will give preference to quick-start and finish activities, including a
goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery
Act.
21 B-16
(18) Buy American provision. The jurisdiction will ensure that all iron, steel and manufactured goods
used in construction, alteration, repair, or maintenance of a public building or public work project assisted
with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary
finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably
available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the
project cost by more than 25 percent.
(19) Appropriate use of funds for infrastructure investments. The Governor, mayor, or other chief
executive, as appropriate certifies, that any infrastructure investments have received the full review and
vetting required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Alternatively, a grantee's chief elected official
certifies that infrastructure investments will receive the full review and vetting required by law and that
the chief executive accepts responsibility that the infrastructure investment is an appropriate use of
taxpayer dollars.
(20) 70% of CDBG-R for LMI. The aggregate use of CDBG-R funds shall principally benefit persons
of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for
activities that benefit such persons over the life of the CDBG-R grant.
Signature/Authorized Official
Title
Date
4
21 B-17
OPTIONAL CERTIFICATION
CDBG-R
Submit the following certification only when one or more of the activities in the action plan are designed
to meet other community development needs having a particular urgency as specified in 24 CFR
570.208(c):
Where the urgent need is the current economic conditions, the grantee certifies that the activity is
alleviating current economic conditions which pose a threat to the economic welfare of the
community in which the activity is being carried out, the recipient is unable to finance the activity on
its own, and other sources of funding are not available.
Signature/Authorized Official
Title
Date
5
21 B-18
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 ®New
® Application ^ Continuation *Other (Specify)
^ Changed/Corrected Application ^ Revision
3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: *5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: 7. State Application Identifier:
8. APPLICANT INFORMATION:
*a. Legal Name: City of Santa Ana
*b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS:
95-6000785 083153247
d. Address:
*Street 1: 20 Civic Center Plaza
Street 2:
*City: Santa Ana
County: Oran4e
*State: CA
Province:
*Country: USA
*Zip /Postal Code 92702
e. Organizational Unit:
Department Name: Division Name:
Community Development Agency Administration Division
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Ms. *First Name: Nancy
Middle Name: T.
*Last Name: Edwards
Suffix:
Title: Assistant Director of Community Development
Organizational Affiliation:
*Telephone Number: 714-667-2244 Fax Number: 714-647-6549
*Email: nedwards@santa-ana.org
21 B-19
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:
Houisng and Urban Development
11. Catalog of Federal Domestic Assistance Number:
14.253
CFDA Title:
Community Development Block Grant-Recovery
*12 Funding Opportunity Number:
*Title:
Title XII of Division A of the American Recovery and Reinvestment Act of 2009
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Santa Ana, County of Orange, CA
*15. Descriptive Title of Applicant's Project:
Public Facilitiy Improvements
21 B-20
OMB Number: 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
16. Congressional Districts Of:
*a. Applicant: 46 & 47 *b. Program/Project: 46 & 47
17. Proposed Project:
*a. Start Date: 07/01/2009 *b. End Date: 09/30/2012
18. Estimated Funding ($):
*a. Federal 1,852,245
*b. Applicant
*c. State
*d. Local
*e. Other
*f. Program Income
*g. TOTAL 1,852,245
*19. Is Application Subject to Review By State Under Executive Order 12372 Process?
^ 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 ® 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)
® **IAGREE
** 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: Mr. *First Name: David
Middle Name: N.
*Last Name: Ream
Suffix:
*Title: City Manager
*Telephone Number: 714-647-5200 Fax Number: 714-647-6713
* Email: achristensen@santa-ana.org
*Signature of Authorized Representative: *Date Signed:
Authorized for Local Reproduction
Standard Form 424 (Revised 10/2005)
Prescribed by OMB Circular A-102
21B-21
OMB Number: 4040-0004
Expiration Date: 01/31/2009
Application for Federal Assistance SF-424 Version 02
*Applicant Federal Debt Delinquency Explanation
The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt.
21 B-22
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