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SR-300-002-01 (82) e .- JCilYOf Sallta MOllica" City Council Report City Council Meeting: May 9,2006 Agenda Item: ~ To: Mayor and City Council From: Barbara Stinchfield, Director, Community and Cultural Services Subject: Request to Hold a Public Hearing and Approve the Proposed FY 2006-07 One-Year Action Plan and Amendment to the 2005-2010 Consolidated Plan Recommended Action It is recommended that the City Council 1) hold a public hearing 2) approve the Proposed FY 2006-07 One-Year Action Plan and Amendment to the FY 2005-2010 Consolidated Plan (Attachment I); and 3) authorize City staff to submit all documents required to receive the City's annual Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) entitlement grant funds to the U.S. Department of Housing and Urban Development (HUD). Executive Summary Each year, the City submits a One-Year Action Plan to HUD. It delineates the City's specific projects and activities for one-year use of CDBG and HOME funds in order to meet the City's overall housing and community development needs as specified in the Consolidated Plan (FY 2005-10) adopted by City Council and submitted to HUD in June 1 2005. The FY 2006-07 Action Plan, due to HUD by May 15, 2006, proposes allocations of $3,303,883 in CDBG and HOME funding for capital projects and operating activities. Appropriation of these funds will be subject to Council approval of the FY 2006-07 Budget. The FY 2006-07 Action Plan also serves as an amendment to the Consolidated Plan. The Action Plan proposes to reallocate $2,764,662 in FY 2005-06 CDBG entitlement and program income funds from Citywide Affordable Housing capital improvement projects to the construction of the new Homeless Access Center at 505 Olympic Boulevard ($2,582,541) and for the completion of Euclid Park ($182,121). Citywide Affordable Housing projects will be funded as CDBG and other funds become available. In total, the Access Center construction project will be allocated $3,111,029 in CDBG funding. Discussion The Consolidated Plan (Attachment I) details proposed funding allocations for HOME and CDBG funds. The proposed FY 2006-07 HOME and CDBG allocations are summarized below: PURPOSE PROPOSED FY 2006-07 HOME Allocations Citywide Affordable Housing Program (Capital Improvements Program)* Tenant-Based Rental Assistance $601,375 $635,000 2 HOME Program Administration Subtotal COBG Allocations CDBG Program Administration Public Service (15% cap)** CIP/Capital Projects Access Center for Homeless Persons $90,597 $1,326,972 $122,200 $308,798 Residential Rehabilitation Program Accessibility Modifications Accessibility Improvements for Streets and Sidewalks Beach Restroom Accessibility Modifications Subtotal Total $528,488 $300,000 $17,425 $400,000 $300,000 $1.976.911 $3,303,883 * The Citywide Affordable Housing program project is funded with $421,000 in HOME funds that were allocated but not programmed in prior years **Grants funded through the City's Community Development Program: · SAMOSHEL ($221,098) · St. Joseph's Center Family Sufficiency Program and Step Up on Second Shelter Plus Care Program ($87,700) Public Outreach The Proposed One-Year Action Plan was made available for a 30 day public review on April 8, 2006. Public comment on the Proposed One-Year Action Plan will be received through May 9, 2006. Staff will incorporate any necessary changes based on Council discussion at the May 9th Council meeting, and submit the Plan to HUD by May 15, 2006, as required to receive CDBG and HOME program funds for FY 2006 - 07. 3 Budget/Financial Impact: Compared to the previous year, HOME entitlement award funds have decreased six percent (from $801,375 in FY 2005-06 to $755,971 in FY 2006-07), and CDBG entitlement award funds have decreased ten percent (from $1,553,719 in FY 2005-06 to $1,393,650 in FY 2006-07). FY 2006-07 program income of $733,261 (HOME program income of $150,000 and CDBG program income of $583,261) is estimated from the Multi-Family Earthquake Repair Loan (MERL) program. These decreases will reduce the City's capacity to fund eligible capital improvement projects and ongoing services currently funded with CDBG funds, which will be addressed in the FY 2006-07 budget. All HOME and CDBG funding recommendations and revenue projections are included as part of the City's Proposed FY 2006-07 Budget and are subject to Council approval. Prepared by: Gigi Decavalles-Hughes - CDBG Coordinator 13~~ Barbara Stinchfield, Director, Community and Cultural Services Approved: 4 DUNS #: 074152596 CITY OF SANTA MONICA FY 2006-07 Proposed One-Year Action Plan and Amendment to the FY 2005-2010 Consolidated Plan Submitted to the U.S. Department of Housing and Urban Development HUMAN SERVICES DIVISION Community and Cultural Services Department HOUSING AND REDEVELOPMENT DIVISION Resource Management Department 1685 Main Street, Room 212, Santa Monica, California 90401 Telephone (310) 458-8701 FAX (310) 458-3380 TDD (310) 458-8696 Website: www.human-services.santa-monica.org April 13, 2006 DUNS #: 074152596 TABLE OF CONTENTS PAGE I NTRO DU CTIO N ............................................................................................................ HOUSING AND COMMUNITY DEVELOPMENT RESOURCES..................................... ACTIVITIES TO BE UNDERTAKEN AND RELATIONSHIP TO FIVE-YEAR PRIORITIES .... 6 L1STI N G 0 F PRO POS ED P ROJ ECTS ............................................................................. 7 G EOG RAP H IC DISTRIB UTION ...................................................................................... 11 LEAD-BASED PAINT HAZARD REDUCTION ............................................... .................. 11 ECONOMIC DEVELOPMENT AND ANTI-POVERTY STRATEGy................................. 12 INSTITUTIONAL STRUCTURE AND INTERGOVERNMENTAL COOPERATION ............. 13 MO N ITOR ING ............................................................................................................... 1 4 HOMELESS NESS............................................................................................................ 14 OBSTACLES TO MEETING UNDERSERVED NEEDS ...................................................... 15 A F FO R DAB L E H 0 US I N G .............................................................................................. 1 5 REMOVAL OF BARRIERS TO AFFORDABLE HOUSING .............................................. 15 PUBLIC HOUSING RESIDENT INITIATIVES ..................................................................... 16 CDBG AND HOME SPECIFIC REQUIREMENTS ........................................................... 16 ATTACHMENT A - LIST OF PROPOSED PROJECTS .................................................... 18 ATTACHMENT B -- CERTIFICATIONS ............................................................................ 30 APPENDIX TO CERTIFICATIONS ......... .............................................. .................... ........ 36 DUNS #: 074152596 The City of Santa Monica's Proposed FY 2006-07 One-Year Action Plan and Amendment to the FY 2005-2010 Consolidated Plan is submitted annually to the U.S. Department of Housing and Urban Development (HUD). It delineates the City's specific projects and activities for one-year use of Community Development Block Grant (CDBG) and HOME funds in order to meet the City's overall housing and community development needs as specified in the FY 2005-2010 Consolidated Plan adopted by the City Council and submitted to HUD in June 2005. The Proposed Action Plan is subject to the approval of the City Council after a 30 day public review period. The Council will review, amend, and approve the Action Plan after receiving public comment at its May 9, 2006 public hearing. DUNS #: 074152596 City of Santa Monica Proposed FY 2006-07 Action Plan Introduction The Proposed Action Plan delineates the City's uses of Fiscal Year (FY) 2006-07 Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) funds. The Action Plan describes the following: Resources available for program implementation; Activities to be undertaken during FY 2006-07 and relationship to five-year priorities; Geographic distribution; Lead-based paint hazard reduction; Anti-poverty strategy; Institutional structure and intergovernmental cooperation; Monitoring; Homelessness; Economic development; Obstacles to meeting underserved needs; Affordable Housing; Removal of barriers to affordable housing; Public housing resident initiatives; and CDBG and HOME specific requirements. Also included in the Proposed 2006 Action Plan is an amendment to the City's 2005-2010 Consolidated Plan reallocating funds from prior year funded projects to a new homeless facility construction project. The changes are detailed in the Proposed Action Plan. Housing and Community Development Resources Santa Monica has access to a variety of federal, state, and local resources to achieve its housing and community development priorities. Specific funding resources will be utilized based on the opportunities and constraints of each particular project or program. Table 1 identifies the potential sources of funding available to carry out housing and community development activities in Santa Monica. The City receives entitlement grants from the U.S. Department of Housing and Urban Development (HUD) through the HOME Investment Partnership Act (HOME) and the Community Development Block Grant (CDBG) programs, and administers a variety of HUD-assisted programs including Section 8 Vouchers, Family Self-Sufficiency, and Shelter Plus Care programs. In addition, the City provides funding to housing and community development activities through its own local resources. Table 2 identifies the CDBG and HOME funds available to Santa Monica for FY 2006-07. The City will continue to support a wide range of housing and community development activities in FY 2006-07. To the extent possible, the City will seek to leverage funding from other public and private entities to strengthen programs and activities established in the Five-Year Strategic Plan and this Action Plan. Local funding sources, including redevelopment set-aside, housing trust funds and private conventional loans will be used as the local match for the City's HOME program funds. City of Santa Monica Proposed Action Plan for FY 2006-07 Page 1 DUNS #: 074152596 Table 1 Public and Private Resources Available for Housing and Community Development Activities Program Name Description Eligible Activities 1. Federal Programs Community Grants awarded to the City on a formula basis Acquisition Development Block for housing and community development Rehabilitation Grant activities. Home Buyer Assistance Economic Development Santa Monica currently receives Homeless Assistance approximately $1,393,000 in CDBG funds Public Services annually HOME Flexible grant program awarded to the City on Acquisition a formula basis for housing activities. Rehabilitation Home Buyer Assistance Santa Monica currently receives Rental Assistance approximately $756,000 in HOME funds annually Section 8 Rental assistance payments to owners of Rental Assistance Rental Assistance private market rate units on behalf of very low- Program income tenants. Shelter Plus Care Grants for rental assistance that are offered Rental Assistance Program with support services to homeless with Homeless Assistance disabilities. Rental assistance can be: Support Services Section 8 Moderate Rehabilitation (SROl - project based rental assistance administered by the local PHA with state or local government application. Sponsor-Based Rental Assistance - provides assistance through an applicant to a private non-profit sponsor who wins or leases dwelling units in which participating residents reside. Tenant-Based Rental Assistance (TBRA) - grants for rental assistance. Proiect-Based Rental Assistance - grants to provide rental assistance through contracts between grant recipients and owners of buildings. Mortgage Credit Income tax credits available to first-time Home Buyer Assistance Certificate Program homebuyers for the purchase of new or existing single-family housing. Local agencies (County) make certificates available. Section 108 Loan Provides loan guarantee to CDBG entitlement Acquisition jurisdictions for pursuing large capital Rehabilitation improvement or other projects. The Home Buyer Assistance jurisdictions must pledge it to future CDBG Economic Development allocations for repayment of the loan. Homeless Assistance Maximum loan amount can be up to five Public Services times the entitlement iurisdiction's most recent City of Santa Monica Proposed Action Plan for FY 2006-07 Page 2 DUNS #: 074152596 Table 1 Public and Private Resources Available for Housing and Community Development Activities Program Name Description Eligible Activities approved annual allocation. Maximum loan term is 20 years. Supportive Housing Grants for development of supportive housing Transitional Housing Program (SHP) and support services to assist homeless persons Permanent Housing for in the transition from homelessness. Disabled Supportive Housing Support Services Safe Havens 2. State Programs School Facilities A down payment assistance program using Down payment Assistance Program school facility fees collected from developers. Low-income buyers of affordable housing are eligible to receive down payment assistance from the State. Multifamily Housing Tax-exempt bonds (Proposition 46) provide New Construction, Programs (MHP) below-market interest rate financing to rehabilitation and builders and developers of multiple-family and preservation of elderly rental housing. For public entities, for- permanent and profit and non-profit corporations. transitional rental housing for low-income households. California Housing CalHFA sells tax-exempt bonds (Proposition 46) First-time Home Buyers Finance Agency to make below market loans to first time Assistance (CaIHFA) homebuyers. Program operates through Multi-family new participating lenders who originate loans for construction and CalHFA purchase. preservation loans Mortgage Insurance Low-Income Housing Federal and State tax credits enable New Construction and Tax Credits (L1HTC) developers to raise equity through the sale of Acquisition and tax benefits to large investors for the rehabilitation of eligible construction of affordable rental housing. projects. 3. Local Programs Tenant Ownership TORCA tax revenues shall be used for Acquisition Rights Charter homeownership and for the development of Rehabilitation Amendment (TORCA) low/mod income rental housing. New Construction Shared Appreciation Home Ownership Loans Loan Program Santa Monica 20% of Agency funds are set aside for Acquisition Redevelopment affordable housing activities governed by Rehabilitation Agency state law. New Construction Affordable Housing Developers of market-rate housing may satisfy New Construction Production Program their AHPP requirement by providing on-site or (AHPP) off-site units at below market rents to low- income households or deeding land to City or payment of an affordable housing fee. City of Santa Monica Proposed Action Plan for FY 2006-07 Page 3 DUNS #: 074152596 Table 1 Public and Private Resources Available for Housing and Community Development Activities Program Name Description Eligible Activities Development City receives revenues for affordable housing Acquisition Agreements as part of negotiated development Rehabilitation agreements. New Construction Child care services Office Mitigation Local program requiring developers of Acquisition commercial office space to either provide Rehabilitation low-income housing or pay an in-lieu fee. New Construction General Fund City contributes approximately $4.9 million Social Service Delivery annually in general funds and Emergency Housing Assistance 4. Private Resources/Financing Programs Federal National Loan applicants apply to participating lenders Home Buyer Assistance Mortgage Association for the following programs: Rehabilitation (Fannie Mae) Fixed rate mortgages issued by private mortgage insurers. Mortgages, which fund the purchase and rehabilitation of a home. Low down-payment mortgages for Single- Family Homes in underserved low-income and minority communities. Federal Home Loan Direct subsidies to non-profit and for-profit New Construction Bank Affordable developers and public agencies for Housing Program affordable low income ownership and rental (AHP) projects. Freddie Mac Home Works - Provides ]5t and 2nd mortgages Home Buyer Assistance that include rehabilitation loan. City provides combined with gap financing for rehabilitation component. Rehabilitation Households earning up to 80% MFI qualify. Lease Purchase The City could participate in a Joint Powers Home Buyer Assistance Program Authority that issues tax-exempt bonds. Bonds enable City to purchase homes for households earning up to 140% MFI. JPA pays 3% down and closing costs. Lease purchasers make monthly payments equivalent to mortgage payments with the option to buy after three years. City of Santa Monica Proposed Action Plan for FY 2006-07 Page 4 DUNS #: 074152596 Table 2 CDBG and HOME Funds Available For FY 2006-07 Funding Sources Amount CDBG FY 2006-07 Allocation $1,393,650 CDBG Projected Program Income $583,261 HOME FY 2006-07 Allocation $755,971 HOME Projected Program Income $150,000 Total $2,882,882 City of Santa Monica Proposed Action Plan for FY 2006-07 Page 5 DUNS #: 074152596 Activities to be Undertaken and Relationship to Five-Year Priorities The CDBG- and HOME-funded activities to be undertaken in FY 2006-07 are identified in the Listing of Proposed Projects on the following pages. The listing describes the amount of funding to be allocated to each proposed activity, the funding sources, the level of accomplishments to be achieved, and the geographic location targeted for assistance. Funds will target assistance primarily to extremely low and low income persons Citywide and within the Pico Neighborhood. Table 3 below provides a summary of the proposed activities and their relationship to the programs and priorities established in the Five-Year Housing and Community Development Strategy. Table 3 FY 2006-07 Proposed Proiects Consolidated Plan FY 2006-07 Action Plan FY 2006-07 (FY 2005-06 through FY 2009-10 ) Project Name Priority Program 5- Y ear 1- Y ear Funding Objectives Objectives B/M $ Citywide Affordable Priority 1 A - 1 Multi-Family Housing 65 units 0(21 M $601,375 Housing Program[lI Production households Tenant-Based Rental Priority 1 A -2 Section 8 Vouchers 128 45 M $635,000 Assistance (TBRA) households households Residential Rehabilitation Priority 1 B Residential Rehabilitation 200 20 B $300,000 Program) Program households households Emergency Shelter for Priority 2A - 1 Emergency Shelter Services 2,250 homeless 450 homeless B $221,098 Homeless Persons persons persons Emergency Services to Priority 2A-2 Shelter Plus Care/Family 950 persons at- 190 persons B $87,700 Persons At-Risk of Self-Sufficiency risk of at risk of Homelessness homelessness homelessness Access Center for Priority 2A-3 Access Center Construction 1 public facility 1 public facility B $528,488 Homeless Persons[3) Residential Accessibility Priority 3B Home Access Program 150 persons 30 persons with B $17,425 Modifications with disabilities disabilities Accessibility Priority 3B Accessibility Modifications 5[41 public 1 B $400,000 Improvements for Streets and Sidewalks facilities public facility Beach Restroom Priority 4A Accessibility Improvements 8 restrooms 2 restrooms B $300,000 Accessibility Modifications improved improved CDBG Program Priority 7 A Planning Activities Not Not B $122,200 Administration Applicable Applicable HOME Program Priority 7 A Planning Activities Not Not M $90,597 Administration Applicable Applicable B = Community Development Block Grant (CDBG) M = HOME (1) Consolidated plan amended to reallocate prior year and anticipated 2006 CDBG funds to the Access Center Construction project and transfer HOME funds to this priority. As a result, the Special Needs Acquisition/ Rehabilitation and Mobile Home Improvements projects are deleted from the Consolidated Plan. (2) 13 units at 1548 5th Street were funded with prior year HOME funds ($1.3 million). Additional funds are allocated due to increased construction costs. (3) Consolidated Plan has been amended to include the Access Center Construction project. The project Includes $2,582,541 in prior year CDBG funds. (4) Due to completion of the curb ramp program, funds will be used to make public facilities, streets and sidewalks safe and accessible. 5 year objective target changed from 250 modifications to 5 public facilities. --J Total funds programmed include HOME funds allocated but not programmed in prior years, as well as current year entitlement and program income amounts. City of Santa Monica Proposed Action Plan for FY 2006-07 Page 6 DUNS #: 074152596 Programs to Address Housing Needs The City of Santa Monica is committed to affordable housing, investing in housing development, rehabilitation, rental assistance, preservation and services to create and maintain affordable housing. However, there remains a large need for additional housing. The City provides a number of housing programs that are operated with CDBG and HOME funds. Priority 1A: Expand the Supply of Housing Affordable to Lower and Moderate Income Households, Particularly for Renters Program 1A-1: Multifamily Housing Production The City of Santa Monica actively assists in the production of affordable rental housing, and operates a number of loan programs to assist with development financing. Types of financing assistance include pre-development loans, bridge loans, site acquisition, and permanent financing. Proposed Funding: $601,375 in HOME funds Proposed Accomplishments: The FY 2006/07 HOME funds will be used to assist in the development of 13 units of permanent affordable housing at 1548 5th Street. The project was funded with $1 ,300,000 in prior year HOME funds in December 2004. Expected completion is FY 2007/08. Additional funds are allocated due to increased construction costs. The City also anticipates completion of a 44-unit development at 26th Street by Summer 2006. Construction of these units was funded with $1,691,967 in prior year CDBG funds. In addition, prior year HOME funds were used to assist in the acquisition and rehabilitation of eight multi-family units affordable to extremely low and low income special needs (homeless and at-risk) households. The site and associated programs will be operated by the OPCC. It is expected that the entire facility will be completed in Summer 2006. Program 1A-2: Tenant Based Rental Assistance The Santa Monica Housing Authority administers the Section 8 Housing Voucher program for the City. As of April 2005, 1,092 Section 8 Vouchers, 140 Shelter Plus Care and 27 HOME Tenant Based Rental Assistance (TBRA) vouchers were administered by the Santa Monica Housing Authority. In 1998, the City created the Tenant Assistance Rental Program (TARP) which provided up to two years of rental assistance for Section 8 tenants whose owners have terminated their Section 8 contracts. Proposed Funding: $635,000 in HOME funds Proposed Accomplishments: During FY 2006/07, the City anticipates utilizing HOME funds to assist 45 households with rental assistance. Program 1 B-2: Residential Repair Program This program provides financial assistance for a variety of repairs through two programs: (1) the Multi-Family Rehabilitation Program for owners of multifamily rental properties occupied by low and moderate income tenants; and (2) the Owner-Occupied Rehabilitation Program for low and City of Santa Monica Proposed Action Plan for FY 2006-07 Page 7 DUNS #: 074152596 moderate income owners. Eligible repairs include such items as health and safety code violation, testing and remediation of environmental hazards such as lead-based paint, unsafe or inoperable electrical wiring or fixtures, unsanitary plumbing fixtures, leaking roofs, peeling interior/exterior paint, accessibility improvements such as ramps, and other general repairs. 1. Multi-Family Rental Rehabilitation Program: This program provides financial assistance in the form of: (a) matching grants for property owners whose buildings are 51 percent occupied by low-income tenants; and (b) grants for testing and remediation of specific hazards in units occupied by Section 8 households with children under six years. 2. Owner-Occupied Rehabilitation Program: This program provides financial assistance in the form of grants to: (a) elderly low and moderate income homeowners (over 62 years old); (b) low income households with a disabled family member; and (c) low and moderate income mobile home owner/occupants to make necessary minor repairs. Proposed Funding: $300,000 in CDBG funds Proposed Accomplishments: During FY 2006/07, the City anticipates utilizing CDBG funds to provide minor and moderate rehabilitation assistance to 20 low and moderate income households. Homeless Programs Priority 2A: Coordinate Housing and Support Services for the Homeless and Those Threatened with Homelessness Following a Housing First and Continuum of Care Model. Evaluate services and service delivery provided through the Continuum of Care. The City's five-year strategy for homeless services seeks to: 1) continue to implement a comprehensive continuum of care system by maintaining the existing inventory of homeless services and evaluate the services and service delivery offered by the continuum; and 2) address gaps and strengthen the delivery of services in Santa Monica and the Westside, targeting services to assist those chronic, most difficult to reach and "service resistant" homeless people who have been on Santa Monica's streets for an extended period oftime and ensure that they find permanent housing with supportive services. The goals are to: . Effectively assist homeless individuals and families in returning to a self-sufficient status; . Eliminate unnecessary duplication of services; and . Emphasize long-term solutions to homelessness by using an active intervention approach that combines housing, counseling, case management, and job training. The City's overall funding strategy is to use CDBG funds to provide emergency shelters and homeless prevention services as a supplement to the Supportive Housing Program (SHP) grants- funded continuum of care for the homeless. While the SHP funds will focus on ending chronic homelessness, CDBG funds will primarily be used to address the immediate needs of the homeless and to help prevent homelessness. City of Santa Monica Proposed Action Plan for FY 2006-07 Page 8 DUNS #: 074152596 Program 2A-1: Emergency Shelter for Homeless Persons The City of Santa Monica will support emergency shelter services for 450 homeless persons per year using CDBG funds. These services will be provided through the 110-bed emergency homeless shelter established by the City in September of 1994. Proposed Funding: $221,098 in CDBG funds Proposed Accomplishments: During FY 2006/07, the City anticipates providing shelter services to 450 homeless persons. Program 2A-2: Emergency Services to Persons At-Risk of Homelessness The City will provide case management services to at-risk, very-low income Shelter Plus Care and Section 8 Self Sufficiency clients. Proposed Funding: $87,700 in CDBG funds Proposed Accomplishments: During FY 2006/07, the City anticipates providing case management services through the Shelter Plus Care program and Section 8 Self Sufficiency Program to 190 at-risk persons. Program 2A-3: Access Center Construction The City will construct a new drop-in day center for homeless persons using CDBG funds. The Access Center facility, anticipated to be completed in Summer 2007, will serve at least 350 clients per day and will provide emergency services, shelter and housing referrals, health and mental services, restrooms, showers, and laundry machines, as well as food distribution services. Proposed Funding: $528,488 in CDBG funds Proposed Accomplishment: During FY 2006/07, the City anticipates completing the construction of the Access Center facility. The project includes $2,582,541 in prior year CDBG funding transferred from the Citywide Affordable Housing Program Multi-Family Housing Production and Mobile Home Improvements projects. Community and Support Services Programs Priority 38: Provide Needed Support Services for Persons with Special Needs The City of Santa Monica will provide assistance for disabled individuals through the Home Access Program and Accessibility Modifications. Program 38-1: Home Access Program The Westside Center for Independent Living's (WCIL's) Home Access program is funded by CDBG program funds. The Home Access Program provides services (occupational therapy evaluations, installation and minor structural modifications) and equipment ("assistive technology" like handrails, ramps and doorbells that flash instead of ringing) to low income renters in Santa Monica who have a disability and need home modifications to allow them to stay in their rented home. The program City of Santa Monica Proposed Action Plan for FY 2006-07 Page 9 DUNS #: 074152596 increases the stock of accessible housing in Santa Monica through the provision of modifications for persons with disabilities. Proposed Funding: $17,425 in CDBG funds Proposed Accomplishments: During FY 2006/07, the City anticipates utilizing CDBG funds to provide accessibility improvements for 30 households. Program 3B-2: Accessibility Modifications The City will provide accessibility improvements which include curb-cut construction and facility improvements, where needed throughout the City, addressing requests made by community residents so that streets will be barrier-free for accessible pedestrian travel. Proposed Funding: $400,000 in CDBG funds Proposed Accomplishments: During FY 2006/07, the City anticipates utilizing CDBG funds to provide accessibility improvements included in the 2nd and 4th Street Streetscape project. Funds will be used for soil structuring and construction to make sidewalks accessible to persons with disabilities, as well as construction management of curb cuts, lighting and pedestrian crosswalks. The 5 Year Objective accomplishment target of 250 improvements has been revised to reflect the completion of the curb cut program in the City, and therefore a focus on making public facilities accessible. The revised 5 year objective has a target of 5 public facilities. Public and Community Facilities Programs Priority 4A: Upgrade, Expand, and Create Additional Community, Park, and Recreational Facilities Program 4A-1: Beach Restroom Accessibility Improvements The City has identified the need to provide accessibility improvements to public restrooms near the beach. This is a high traffic area, and many of the public restrooms are not accessible for residents and visitors with disabilities. Proposed Funding: $300,000 in CDBG funds Proposed Accomplishments: During FY 2006/07, the City anticipates providing improvements to two restrooms. Planning and Administration Priority 7 A: Provide for Necessary Planning Activities to Develop both Housing and Community Development Plans to Address Anticipated Needs City of Santa Monica Proposed Action Plan for FY 2006-07 Page 10 DUNS #: 074152596 To ensure the effective use of limited CDBG and HOME resources, the City needs to regularly assess its housing and community development needs. Preparation of the five-year Consolidated Plan and annual updates, along with more focused planning and special needs studies allows the City to address its changing affordable housing and community development needs. Staff resources are needed to plan, deliver, and monitor the housing and community development programs and activities. To ensure compliance with CDBG and HOME regulations, staff training is also necessary. Program 7A-1: COBG and HOME Program Administration Up to 20 percent of the CDBG and 10 percent of HOME funds can be used to support the general administration of these programs. Funds will be used to administer activities, prepare annual updates, and provide outreach to low and moderate income households. In addition, staff will keep abreast of current program requirements and future program development through attending training and meeting with related agencies. Proposed Funding: $122,200 in CDBG funds $90,597 in HOME funds Geographic Distribution Public services (primarily homeless case management and shelters) are available to Santa Monica residents citywide; persons needing emergency shelter will be accommodated at the 110-bed shelter established by the City. Installation or reconstruction or curb-cuts will be performed throughout the City in census tracts where persons with physical disabilities reside. ADA improvements will be done for restrooms in the beach area. Affordable housing construction/acquisition and housing rehabilitation programs will be available citywide, but will more likely benefit residents in the low and moderate income areas. Based on 2000 Census data, three census tracts (7018.01, 7018.02 and 7019.00) had significant concentrations of minority population. These census tracts encompass the area commonly known as the Pico Neighborhood. According to the 2000 Census, over 38.5 percent of the population in census tracts 7018.01, 7018.02 and 7019.00 and portions of census tracts 7014.00, 7015.02, and 7017.01 have incomes at or below 80 percent of Median Family Income (MFI) for the Los Angeles- Long Beach Metropolitan Statistical Area. These tracts are considered areas of low and moderate- income concentration. A number of the projects proposed for FY 2006-07 benefit low and moderate income persons and are located in the Pico Neighborhood, an area of minority concentration. For specific project descriptions, refer to the Listing of Proposed Projects. Lead-Based Paint Hazard Reduction An estimated 8,400 housing units occupied by low and moderate income households in Santa Monica may contain lead-based paint. To reduce lead-based paint hazards, the City takes the following actions: City of Santa Monica Proposed Action Plan for FY 2006-07 Page 11 DUNS #: 074152596 Monitor the lead-poisoning data maintained by the Los Angeles County Department of Health Services. Incorporate lead-based paint hazard reduction procedures into rehabilitation guidelines and include abatement costs as part of the subsidy. Develop and distribute lead-based paint reduction and abatement information to all landlords, managers, tenants, or owner-occupants of rehabilitation properties, as well as to community groups. Work cooperatively with its nonprofit housing providers and community health organizations to provide educational material and identify potential sources of lead- poisoning in City-assisted affordable housing projects. Address lead-based paint hazards in Section 8 assisted units with children six years and under by providing grants to property owners for lead-based paint hazard reduction and/or abatement. Address blight in individual buildings by eliminating specific conditions that present health and safety hazards to the public. Conduct educational seminars for property owners on lead-based paint hazards and provide lead-based paint testing and remediation to existing single- and multi-family units, targeting low and moderate income households. Since FY 1997-98, as part of the Low Income Residential Repair Program, the City has provided lead-based paint testing and remediation to existing single- and multi-family units, targeting low and moderate-income households. This program will continue in FY 2006-07. Economic Development and Anti-Poverty Strategy On a macro scale, California attempts to fight poverty with the CalWORKS program, which is designed to move welfare recipients from dependency to self sufficiency through employment, and to divert potential recipients from dependency. The program's goal is to identify sufficient employment opportunities with sustainable income levels for people transitioning off of welfare. Job-related education and training are provided through the county, private industry and educational institutions. The City will continue to implement the anti-poverty strategy outlined in the Five-Year Consolidated Plan. This includes continued prioritization of housing and homeless programs identified in the Consolidated Plan per HUD requirements as well as other programs that address the following: Pre-vocational and job readiness skills training including assessment and assistance with applications, resumes, job-seeking skills, and work performance standards; Job development and placement for temporary and permanent employment opportunities with businesses, industry and government; Apprenticeships and training linkages with skills centers and other vocational resources; City of Santa Monica Proposed Action Plan for FY 2006-07 Page 12 DUNS #: 074152596 Educational enrichment and parent supports to increase literacy rates and school achievement, increase parent involvement, and lower the school drop-out rate; Youth skill-building and development to design innovative and creative alternatives to criminal involvement, youth violence, isolation, and loss of opportunities for growth; Legal services to include brief service and full representation in landlord/tenant matters, public benefits assistance, immigration, discrimination, consumer affairs, and other critical legal aid; Domestic violence intervention and prevention that offers counsel and advice, immediate assistance in obtaining restraining, stay-away and other protective orders, and critical support services to victims of domestic violence; Independent living skills and assistance, and peer counseling to ensure full self- sufficiency and independence among elderly and disabled individuals; Child care subsidies and assistance to working parents; and Free health care and supportive service assistance to extremely low, very low, and low- income Santa Monica residents including vital assistance to those with HIV/AIDS. The City does not anticipate using CDBG funds for economic development activities and will instead use other funding sources to address economic development needs. The City has sought to create jobs through the establishment of development agreements executed prior to major commercial developments that give local preference to hiring Santa Monica residents. In addition to City-supported employment programs, City staff works closely with the Job Developer Network, a community group of employment specialists, to develop policies and programs that promote job placement and job creation targeting low income youth and adults. Institutional Structure and Intergovernmental Cooperation Public agencies, for-profit and non-profit organizations all playa part in the provision of affordable housing and community services. Social service delivery and housing production and rehabilitation in Santa Monica by non-profit agencies is coordinated through the City's annual funding process. The City Council reviews proposed projects and programs and funds those that meet the City's goals. In addition, there is the Westside Shelter and Hunger Coalition (WSHC) with representatives from agencies involved with emergency shelter, affordable housing, and supportive services on the west side of Los Angeles. WSHC meets regularly to coordinate efforts, including lobbying the county, state, and federal government. The City also participates in the Job Developer Network to promote the active creation of jobs targeting low-income youth and adults. The City of Santa Monica has established a number of commissions staffed by interested citizens to monitor the needs of specific groups and advise the City Council on the best way to address these needs. They are the Housing Commission, Social Services Commission, Disabilities Commission, Planning Commission, Recreation and Parks Commissions, Commission for the Senior Community, City of Santa Monica Proposed Action Plan for FY 2006-07 Page 13 DUNS #: 074152596 and Commission on the Status of Women. The City Council also appoints citizen task forces to address special issues, such as the 2000 Disability Task Force, which formulated recommendations for meeting the needs of persons with disabilities in Santa Monica, including policy changes targeting the lack of affordable, accessible housing, and the Task Force on Homelessness, which reviewed available information on the causes of homelessness and the needs of the homeless population of Santa Monica. The City works closely with a network of other private and public entities that constitute a comprehensive network of resources. These include key public and quasi-public agencies, coalitions and groups, including the Federal Emergency Management Agency, Los Angeles County Department of Health, Los Angeles County Department of Mental Health, Los Angeles County Department of Public Social Services, Los Angeles County Department of Child and Family Services, Los Angeles County Housing Authority, Office of Alcohol and Substance Abuse, Los Angeles Homeless Services Authority, Santa Monica-Malibu Unified School District, State Department of Housing and Community Development, State Employment Development Department, United Way, and Westside Council of Governments. The City also works closely with over 35 local non-profit organizations to ensure the adequate provision of housing and community services in Santa Monica. Monitoring The City currently uses various administrative mechanisms to track and monitor progress of HUD funded projects and activities that are under its control and jurisdiction. The goal is to ensure that Consolidated Plan-related programs and activities are carried out in a timely manner in accordance with federal regulations and other statutory or regulatory requirements. The primary monitoring goals of the City are to provide technical assistance, identify deficiencies and promote corrections in order to improve, reinforce, or augment the Consolidated Plan performance. To ensure accomplishment of the goals and objectives, the City is involved with administration and coordination of City-funded programs and related activities. An interdepartmental CDBG team, which consists of Project Managers and relevant City staff, meet monthly to monitor the progress of CDBG-funded projects. City staff in a number of departments and divisions, including the Housing and Redevelopment Division, the Human Services Division, the Engineering Division, and other key offices are available to provide technical assistance as needed to subrecipients. All Requests for Proposal (RFPs) and contracts are reviewed carefully to ensure compliance with HUD and local requirements for program delivery, financial management, procurement, personnel matters, and other such requirements. Subrecipient contracts require verification of eligibility and substantiation of all pertinent information and activities and include language requiring periodic and annual monitoring of activities of financial and programmatic compliance. Homelessness The Action Plan seeks to partially support a comprehensive continuum of care for homeless services through federal assistance for an emergency homeless shelter. Federal funding will be supplemented by other funds to ensure the delivery of a well-coordinated system of care as specified in the Five-year Strategic Plan. This includes support for: 1) outreach, intake and assessment, 2) emergency shelter, 3) transitional housing, 4) permanent and supportive housing, and 5) case management and supportive services including employment. City staff is conducting City of Santa Monica Proposed Action Plan for FY 2006-07 Page 14 DUNS #: 074152596 an evaluation of its Continuum of Care program to improve the process in which the system works. Also, in conjunction with county and federal efforts to end chronic homelessness, the City is researching current best practices for addressing the needs of chronically homeless persons and implementing a pilot project that will specifically target chronically homeless persons and help them secure housing, benefits and services. Obstacles to Meeting Underserved Needs The lack of adequate funding to address the growing magnitude of needs is the primary obstacle to meeting the underserved needs. The moderate recession, escalating housing prices, and federal, state and County funding cutbacks, including changes to the welfare system, have all impacted the City's ability to address the social service and housing needs in Santa Monica. The City will continue to assess the increased demand for affordable housing, employment, childcare and other supportive services. To avoid duplication of efforts and improve the effectiveness of limited funding, the City will continue to work in collaboration with surrounding jurisdictions, nonprofit organizations, and other community groups to coordinate and monitor the delivery of social services. This entails working with groups including, but not limited to, the Westside Shelter and Hunger Coalition, the Childcare Task Force, the Domestic Violence Network, and others to identify and meet critical gaps in services. Fund leveraging, resource development and coordination of services are critical activities that will be undertaken to address significant budgetary and programmatic constraints. Affordable Housing The City works in partnership with affordable housing developers, primarily non-profits, to maintain and develop new affordable housing units in Santa Monica. The City administers five affordable housing trust funds, implements an Affordable Housing Production Program and a Rent Control Charter Amendment and administers a Section 8 housing assistance program to preserve affordable housing opportunities throughout the City. Removal of Barriers to Affordable Housing The City continues to monitor, analyze and address market conditions and governmental factors that may act as barriers to affordable housing. Market factors that tend to restrict affordable housing production are: high land costs, high construction costs and inadequate financing. The City has little influence on land costs or construction costs. The City does, however, have an active program in place to make below market financing available for affordable housing projects and assists with site acquisition. Governmental restrictions can also constrain the production and preservation of affordable housing. The City continues to monitor, analyze and address, as necessary, governmental regulations, land use controls and residential development standards which affect the production and preservation of affordable housing. City of Santa Monica Proposed Action Plan for FY 2006-07 Page 15 DUNS #: 074152596 In December 2001 , the City adopted the revised Draft 2000-2005 Housing Element, which sets forth the City's five-year strategies to preserve and enhance the community's character, expand housing opportunities for all economic segments, and provide guidance for local government decision making in all matters related to housing. Public Housing Resident Initiatives The Los Angeles County Housing Authority (LACHA) owns and operates two public housing projects in Santa Monica. These projects were built by Los Angeles County prior to the City establishing its own Housing Authority. The City of Santa Monica does not administer any public housing. The LACHA has resident managers at these projects and has in place a modernization program to improve the living environment of each project. The LACHA encourages participation of residents in the operation, management and modernization of the projects owned and operated by LACHA. Program-Specific Requirements CDBG Program The Listing of Proposed Projects describes the activities with respect to all CDBG funds expected to be available during FY 2006-07. In addition to the City's FY 2006-07 grant amount of $1 ,393,650, the City anticipates $583,261 in program income. Any additional program income will be programmed to Low/Moderate Income Housing. The City does not have any surplus urban renewal settlements, grant funds returned to the line of credit, or income from float-funded activities coming as revenues to CDBG funds during the one year action plan. In addition, there are no "urgent need" activities, as defined by HUD, requested in CDBG funds for FY 2006-07. HOME Program The Listing of Proposed Projects describes the activities with respect to all HOME funds expected to be available during FY 2006-07. In addition to the City's FY 2006-07 grant amount of $755,971, the City anticipates $150,000 in program income, for a total of $905,971 in HOME funds. Pursuant to the Consolidated Plan requirements, the following sets forth Santa Monica's specific regulations for HOME funded activities. Resale Provisions The City does not use HOME funds for homeownership programs, and therefore resale provisions do not apply. The City uses local funding sources (TORCA, Inclusionary Housing Trust Fund) for ownership programs, and has adopted resale provisions under these programs. Tenant-Based Rental Assistance City of Santa Monica Proposed Action Plan for FY 2006-07 Page 16 DUNS #: 074152596 The City will use HOME funds ($2,161,525) for Tenant-Based Rental Assistance (TBRA) payments targeted to very low income, homeless or persons with disabilities. The Santa Monica Housing Authority will administer the program. Set-aside for Community Housing Development Organizations (CHDOs) The City reserves at least 15 percent of each year's HOME allocation for investment in rental housing (new construction, acquisition and rehabilitation) developed by its CHOO, Community Corporation of Santa Monica. The City also provides Community Corporation of Santa Monica with a $32,900 reimbursement for a portion of its operational cost as the City's CHOO. Matching Contribution The City provides annual non-federal matching contributions well in excess of the required 25 percent of the HOME funds draw for affordable housing. Match contributions are made from locally generated funds including housing trust funds, redevelopment set-aside funds and private conventional loans. Other Forms of Investment Not applicable. Affirmative Marketing Santa Monica has adopted the following affirmative fair housing marketing guidelines for use of HOME funds: No person shall on the grounds of race, color, national origin, religion, or sex be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with HOME funds. The Borrower shall establish an affirmative marketing and tenant selection plan for each project containing five (5) or more units. The plan shall describe the marketing efforts and tenant selection procedures of the Borrower to attract eligible persons from all racial, ethnic and gender groups in the housing market area to the available housing. The marketing and tenant selection plan shall be submitted with the loan application. F:\HumanServices\Share\CDBG HUD\Consolidated Plan-Action Plan\0607 Action Plan\FY 2006-07 Action Plan. doc City of Santa Monica Proposed Action Plan for FY 2006-07 Page 17 <.0 (j) l.!) N l.!) ...-- '<;t I"- o ~ CI) z :::::> o ATTACHMENT A - c CI) E a. .2 CI) > CI) o c ~ ~c: "''t' :l CI) ~~ C'l;E .= '0 III III :] C o 0 :I:u cO _ Q. C cu" CI) III E :J ~ III a. CI) C en :l (/) Q) ~ :::l o (f) 0> C "U C :::l u.. 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DUNS #: 074152596 ATTACHMENT B CERTIFICA TIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, 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 1 04(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: 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 may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant 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; City of Santa Monica Proposed Action Plan for FY 2006-07 Page 30 DUNS #: 074152596 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 (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 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: 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. 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. City of Santa Monica Proposed Action Plan for FY 2006-07 Page 31 DUNS #: 074152596 Consistency with plan -- The housing activities to be undertaken with CDBG and HOME 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 City ManaQer Title City of Santa Monica Proposed Action Plan for FY 2006-07 Page 32 DUNS #: 074152596 Specific CDSG 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: 1. 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(s) 2006, 2007, (a period specified by the grantee consisting of one, two, or three specific consecutive program years) 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 Santa Monica Proposed Action Plan for FY 2006-07 Page 33 DUNS #: 074152596 Excessive Force -- 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 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 notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR ~570.608; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date City Manager Title City of Santa Monica Proposed Action Plan for FY 2006-07 Page 34 DUNS #: 074152596 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance --If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR S 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in S 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date City Manager Title City of Santa Monica Proposed Action Plan for FY 2006-07 Page 35 DUNS #: 074152596 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbvinq 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. Druq-Free Workplace Certification 1. 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. 3. 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) . 5. 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). 6. 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 Santa Monica Proposed Action Plan for FY 2006-07 Page 36 DUNS #: 074152596 Place of Performance (Street address, city, county, state, zip code) City of Santa Monica 1685 Main Street Santa Monica, CA 90401 County of Los Angeles 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 finding of guilt (including a plea of nolo contendere) 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 definition 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 Santa Monica Proposed Action Plan for FY 2006-07 Page 37