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^ This certification does not apply. <br />® This certification is applicable. <br />Specific CDBG Certifications <br />The Entitlement Community certifies that: <br />Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the <br />requirements of 24 CFR 91.105. <br />Community Development Plan -- Its consolidated housing and community development plan identifies <br />community development and housing needs and specifies both short-term and long-term community development <br />objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate <br />income. (See CFR 24 570.2 and CFR 24 part 570) <br />Following aPlan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) <br />that has been approved by HUD. <br />Use of Funds -- It has complied with the following criteria: <br />Maximum Feasible Priority -With respect to activities expected to be assisted with CDBG funds, it certifies that it <br />has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate <br />income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities <br />which the grantee certifies are designed to meet other community development needs having a particular urgency <br />because existing conditions pose a serious and immediate threat to the health or welfare of the community, and <br />other financial resources are not available); <br />Overall Benefit -The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) <br />2010, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall <br />principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the <br />amount is expended for activities that benefit such persons during the designated period; <br />Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG <br />funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and <br />occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of <br />obtaining access to such public improvements. <br />However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of <br />public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or <br />charge may be made against the property with respect to the public improvements financed by a source other than <br />CDBG funds. <br />The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, <br />including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the <br />capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge <br />may be made against the property with respect to the public improvements financed by a source other than CDBG <br />funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an <br />assessment or charge may be made against the property for public improvements financed by a source other than <br />CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. <br />Excessive Force -- It has adopted and is enforcing: <br />A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any <br />individuals engaged in non-violent civil rights demonstrations; and <br />A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or <br />location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; <br />Action Plan - FY 2010-2011 <br />City of San Leandro <br />Page 39 <br />