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CITY OF SANTA ANA 2006-2007 ANNUAL ACTION PLAN Specific CDBG Certifications The Entitlement Community certifies [hat 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 opportunifies primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following aPlan -- 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 particulaz urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources aze not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during progam year(s) 2006 (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 ofpublic 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 aze used to pay the proportion of a fee or assessment that relates to the capital costs ofpublic 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 fmanced by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs ofpublic improvements assisted with CDBG funds, including Section 108, unless CDBG funds aze used to pay the proportion of fee or assessment attributable to the capital costs ofpublic 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 somce other than CDBG funds. Also, in the case ofproperties owned and occupied by moderate-income (not low-income) families, an assessment or charge maybe made against [he 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. Excessive Force - It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force bylaw enforcement agencies within its jurisdiction against any individuals engaged innon-violent civil rights demonstrations; and 35 a/zo/os 19D-40