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HomeMy WebLinkAbout10 AMEND TO CDBG PROG 01-06-03AGENDA REPORT NO. ~o 01-06-03 MEETING DATE: TO: FROM: SUBJECT: JANUARY 6, 2003 WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT AMENDMENT TO THE CITIZEN PARTICIPATION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM SUMMARY The City's original Citizen Participation 'Plan (CP Plan) was adopted in November of 1995. The CP Plan sets forth the City of Tustin's policies and procedures for citizen notification pertaining to all aspects of the development', amendment, and reporting related to the Consolidated Plan for Community Development Block Grant (CDBG) program. However, the existing CP plans does not provide a clear distinction between an "amendment" and a "substantial amendment" to the Action Plan/Consolidated Plan. In addition the CP Plan does not define the roles, responsibilities, and composition of the Citizen Participation Committee. The proposed amendments would identify criteria for an "amendment"' and a "substantial amendment" and define the roles, responsibilities, and composition of the Citizen Participation Committee. RECOMMENDATION That the City Council adopt Resolution No. 03-05 amending the Citizen Participation Plan for the Community Development Block Grant (CDBG) program. FISCAL IMPACT Programs and expenditures of CDBG eligible activities will be implemented with CDBG funds. No impacts to the General Fund are anticipated. PROPOSED AMENDMENTS The City is required by Federal Law to have a detailed Citizen Participation Plan (CP Plan). The purpose of the CP Plan is to detail an effective process which provides citizens with an opportunity to participate in an advisory role in the planning, implementation, amendment, and assessment of the City of Tustin's Consolidated Plan for Community Planning and Development Programs such as the CDBG program. The City's existing CP Plan was adopted in November of 1995. The CP Plan provides Tustin's citizens with a process to participate in identifying needs, setting priorities, allocating funds to eligible activities, and overseeing the overall program implementation and performance. The existing CP Plan also provides notification and public hearing City Council Meeting January 6, 2003 Page 2 process in which the City would have to follow in developing, amending, and reporting the performance of the Action Plan and/or Consolidated Plan. However, the existing CP plans does not provide a clear distinction between an "amendment" and "substantial amendment" to the Action Plan/Consolidated Plan. While Federal Law only requires the City to notify HUD of any amendments to the Action Plan and/or Consolidated Plan, the law also requires the City to provide its citizens with at least a 30 day notice before any "substantial amendments" are implemented. Therefore, a clear distinction to the criteria should be established. In addition, CP Plan encourages citizens to participate in the development of the Consolidated Plan, any substantial amendments to the Consolidated Plan, and the performance report through the. Citizen Participation Committee. The existing CP Plan does not define the roles, responsibilities, and composition of the Citizen Participation Committee. Therefore the proposed amendment is necessary to define the roles, responsibilities, and the composition of the Citizen Participation Committee. The proposed amendments are as follows: · Substantial Amendment. Section 91.505 of the Final Rule requires the City to identify the criteria for determining what changes in the planned or actual activities constitute a substantial amendment to the City's Action Plan and/or Consolidated Plan. A substantial amendment is defined as follows: a) The deletion or addition of priorities established in the Consolidated Plan. b) An increase or decrease in funds of fifty (50) percent or more allocated to a specific project or program. c) Any new activity not previously described in the Action Plan and/or Consolidated Plan. · Citizen Participation Committee. Citizen Participation Committee. The City will enc°urage citizens to participate in the development, implementation, and evaluation of the Action Plan and/or Consolidated Plan through the Citizen Participation Committee. 1. Citizen Participation Committee Membership The Citizen Participation Committee is an Ad'Hoc Committee comprised of seven (7) members. Committee members should be active community leaders who are aware of the needs of the community and who will assist in obtaining citizen input City Council Meeting January 6, 2003 Page 3 concerning the Community Development Block Grant Program. The proposed composition of the Citizen Participation Committee would be as follows: · One representative from the Planning Commission · One representative from the Parks and Recreation Commission · One representative from the Cultural Resources Advisory Committee · One representative from the Senior Advisory Board · One representative from the Tustin Audit Committee · Two at large representatives appointed by the City Council 2. The Citizen Participation Committee duties and responsibilities are as follows: To provide citizen and community input in an advisory fashion on the development, implementation, evaluation, and amendments to the Community Development Block Grant Program. To hold at least one public hearing during' the development of the Action Plan and/or Consolidated Plan to obtain citizens views and to respond to citizen proposals and requests, to assist in the determination of the community development and housing needs and priorities, and to obtain comments on the City's Community Development Block Grant program performance. · To encourage broad citizen and community participation on the Community Development Block Grant Program. All aspects of the Citizen Participation meetings will be open to the public at all times. All meetings are to be held at convenient times and locations and in accordance with paragraph e for public hearing requirements. In accordance with Federal Law, the City has published a notice in the local newspaper with regard to the proposed amendments. Staff recommends that the City Council support the amendments to the Citizen Participation Plan. Associate Planner ~ab-eth A. Binsack- Director of Community Development Attachments: 1. Resolution No. 03-05 2. Citizen Participation Plan S:\Cdd\CCREPOR'~Amendment to Citizen Participation Plan.doc ATTACHMENT 1 Resolution No. 03-05 RESOLUTION NO. 03-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENTS TO THE CITY'S CITIZEN PARTICIPATION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE AMENDMENTS TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, under the Housing and Community Development Act of 1974, as amended, Federal assistance may be provided for the support of Community development activities which are directed toward certain specific objectives as set forth in the Act as the Community Development Block Grant; WHEREAS, the City is required by Section 91.105 of the Consolidated Plan Final Rule to have a Citizen Participation Plan to encourage citizen participation for the Community Development Block Grant Program; WHEREAS, the existing Citizen Participation Plan does not have a clear distinction between an "amendment" and a "substantial amendment" to the Action Plan and/or Consolidated Plan and the proposed amendment would clarify the distinction between an "amendment" and a "substantial amendment" to the Action Plan and/or Consolidated Plan; WHEREAS, the existing Citizen Participation Plan does not define the roles, responsibilities, and composition of the Citizen Participation Committee and the proposed amendment would define the roles, responsibilities, and composition of the Citizen Participation Committee; WHEREAS, citizens were notified of the proposed amendments to the City's Citizen Participation Plan through a legal notice published in the local newspaper; and WHEREAS, the City Council considered the amendments at the meeting on January 6, 2003. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Tustin resolves as follows: Section 1: The amendments to the City of Tustin's Citizen Participation Plan shall be as follows: City Council Resolution 03-05 Page 2 of 5 'Section (a)(2)(iii) is added to read: Citizen Participation Committee. The City will encourage citizens to participate in the development, implementation, and evaluation of the Action Plan and/or Consolidated Plan through the Citizen Participation Committee. 1. Citizen Participation Committee Membership The Citizen Participation Committee is an Ad Hoc Committee comprised of seven' (7) members. Committee members should be active community leaders who are aware of the needs of the community and who will assist in obtaining citizen input concerning the Community Development Block Grant Program. The composition of the Citizen Participation Committee is as follows: · One representative from the Planning Commission · One representative from the Parks and Recreation Commission · One representative from the Cultural Resources Advisory Committee · One representative from the Senior Advisory Board · One representative from the Tustin Audit Committee · Two at large representatives appointed by the City Council 2. The Citizen Participation Committee duties and responsibilities are as follows: To provide citizen and community input in an advisory fashion on the development, implementation, evaluation, and amendments to the Community Development Block Grant Program. To hold at least one public hearing during the development .of the Action Plan and/or Consolidated Plan to obtain citizens views and to respond to citizen proposals and requests, to assist in the determination of the community development and housing needs and priorities, and to obtain comments on the City's Community Development Block Grant program performance. · To encourage broad citizen and community participation on the Community Development Block Grant Program. All aspects of the Citizen Participation meetings will be open to the public at all times. All meetings are to be held at convenient times and locations and in accordance with paragraph e for public hearing requirements. City Council Resolution 03-05 Page 3 of 5 Section 2: Section (c) is amended to read: (c) Amendments. Amendment to the Action Plan and/or Consolidated Plan. The City of Tustin will amend the approved Action Plan and/or Consolidated Plan whenever the City makes the following decisions, as found in {}91.505 of the Final Rule of consolidated submission: A decision to make a change in its allocation priorities or a change in the method of distribution of funds; A decision to carry out an activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan; or A decision to change the purpose, scope, or location of beneficiaries of an activity. Upon completion, the City will make the amendment public and will notify HUD of such amendment. The City reserves the right to make non-substantial changes to the Action Plan and/or Consolidated Plan without opening a public comment period. (2) Substantial Amendment. Section 91.505 of the Final Rule requires the City to identify the criteria for determining what changes in the planned or actual activities constitute a substantial amendment to the City's Action Plan and/or Consolidated Plan. A substantial amendment is defined as follows: a) The deletion or addition of priorities established in the Consolidated Plan. b) An increase or decrease in funds of fifty (50) percent or more allocated to a specific project or program. c) Any new activity not previously described in the Action Plan and/or Consolidated Plan. The City of Tustin will provide citizens with reasonable notice and an opportunity to comment on substantial amendments. Such substantial amendments will be noticed in a local newspaPer of general circulation and notices will be posted in public places, including the Tustin library and various City Hall locations. Written comments will be accepted during regular City business hours and by mail. A period, not less than 30 days, to City Council Resolution 03-05 Page 4 of 5 receive comments on the substantial amendment before the amendment is implemented will be provided. If determined appropriate or necessary by the City of Tustin, a public hearing will also be held. The City of Tustin shall consider any comments or views of citizens received in writing, or orally.at public hearings, if any, in preparing the substantial amendment of the Consolidated Plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons therefore, shall be attached to the substantial amendment of the Consolidated Plan. Section 3: Staff is hereby directed to prepare and submit the amended Citizen Participation to the Federal Department of Housing and Urban Development. Section4: The City Manager of the City of Tustin or his designated representative, such as the Director of Community Development, is authorized to execute documents, certifications, contracts or other instruments as may be required to carry out the City's Community Development Program. Section 5: The City Clerk shall certify to the adoption of this Resolution and shall file a copy of said application with the minutes of this City Council meeting. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 6th day of January, 2003. TRACY WILLS WORLEY Mayor Pamela Stoker City Clerk City Council Resolution 03-05 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 03-05 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-05 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of January, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk ATTACHMENT 2 Citizen Participation Plan CITY OF TUSTIN CITIZEN PARTICIPATION PLAN INTRODUCTION AND PURPOSE The purpose of the Citizen Participation Plan (CP Plan) is to detail an effective process which provides citizens with an opportunity to participate in an advisory role in the planning, implementation, and assessment of the City of Tustin's Consolidated Plan (Plan) for Community Planning and Development Programs, such as the Housing and Community Development Block Grant (CDBG), HOME, Housing Opportunities for Persons with Aids (HOPWA) and Emergency Shelter Grant (ESG) programs. However, at this time, the CDBG program is the only one in which the City participates. The CP Plan sets forth the City of Tustin's policies and procedures for citizen notification pertaining to all aspects of the development, amendment and reporting related to the Consolidated Plan. The City of Tustin also pledges to follow its Citizen Participation Plan. The CP Plan will be a working tool for City personnel, as well as citizens. All questions related to the CP Plan may be addressed to The Community Development Department of the City of Tustin during normal office hours by phone at (714) 573-3106 or by writing to 300 Centennial Way, Tustin, CA 92780. Copies of this CP Plan are available upon request. OBJECTIVES OF THE CITIZEN PARTICIPATION PLAN The objectives of the Citizen Participation Plan are: , To encourage citizens, particularly residents with Iow- and moderate-incomes living in areas eligible for the use of program funds and including minorities, non-English speaking persons, and persons with mobility, visual, or hearing impairments, to participate in the development of the Consolidated Plan. , To assure that citizens are furnished appropriate information about the Consolidated Plan and its various component programs. Citizen Participation Plan The following Citizen Participation Plan has been prepared in accordance with §91.105 of the Final Rule for Consolidated Submission for Community Planning and Development Programs, dated January 5, 1995. (a) Applicability and adoption of the Citizen Participation Plan. The City of Tustin is required to adopt a Citizen Participation Plan that sets forth policies and procedures for citizen participation in the preparation of a Consolidated Plan for use of Community Development Block Grant (CDBG) funds. (2). Encouragement of citizen participation. (i) The Citizen Participation Plan provides for and encourages citizens to participate in the development of the Consolidated Plan, any substantial amendments to the Consolidated Plan, and the Performance Report. (ii) The requirements are designed especially to encourage participation by Iow- and moderate-income persons, particularly those living in slum and blighted areas and in areas where CDBG funds are proposed to be used, and by residents of predominantly Iow- and moderate-income neighborhoods, as identified by the City of Tustin. The City also is expected to take whatever actions are appropriate to encourage the participation of all its citizens, including minorities and non-English speaking persons, as well as persons with disabilities. Citizen Participation Committee. The City will encourage citizens to participate in the development, implementation, and evaluation of the Action Plan and/or Consolidated Plan through the Citizen Participation Committee. 1. Citizen Participation Committee Membership The Citizen Participation Committee is an Ad Hoc Committee comprised of seven (7) members. Committee members should be active community leaders who are aware of the needs of the community and who will assist in obtaining citizen input concerning the Community Development Block Grant Program. (iv) The composition of the Citizen Participation Committee is as follows: · One representative from the Planning Commission · One representative from the Parks and Recreation Commission · One representative from the Cultural Resources Advisory Committee · One representative from the Senior Advisory Board · One representative from the Tustin Audit Committee · Two at large representatives appointed by the City Council 2. The Citizen Participation Committee duties and responsibilities are as follows: To provide citizen and community input in an advisory fashion on the development, implementation, evaluation, and amendments to the Community Development Block Grant Program. To hold at least one public hearing during the development of the Action Plan and/or Consolidated Plan to obtain citizens views and to respond to citizen proposals and requests, to aSsist in the determination of the community development and housing needs and priorities, and to obtain comments on the City's Community Development Block Grant program performance. · To encourage broad citizen and community participation on the Community Development Block Grant Program. All aspects of the Citizen Participation meetings will be open to the public at all times. All meetings are to be held at convenient times and locations and in accordance with paragraph e for public hearing requirements. The City of Tustin encourages, in conjunction with consultation with public housing authorities (the Orange County Housing Authority), the participation of residents of public and assisted housing developments in the process of developing and implementing the Consolidated Plan, along with other Iow-income residents of targeted revitalization areas in which the developments are located. The City shall make an effort to provide information to the housing agency about Consolidated Plan activities so that the housing agency can make this information available at the annual public hearing required under the Comprehensive Grant program. (3) Citizen comment on the Citizen Participation Plan and amendments. The City of Tustin will provide citizens with a reasonable opportunity to comment on the original Citizen Participation Plan and on substantial amendments to the Citizen Participation Plan, and will make the Citizen Participation Plan public. The Citizen Participation Plan will be in a format accessible to persons with disabilities, upon request. Prior to its adoption, notice of the availability of the Citizen Participation Plan will be published in the local newspaper and posted at various locations in City Hall. After a 30-day period, during which comments on the Citizen Participation Plan will be accepted by the Community Development Department, the Citizen Participation Plan will be adopted. (b) Development of the Consolidated Plan. The Citizen Participation Plan includes the following minimum requirements for the development of the Consolidated Plan. (1) Before the City of Tustin adopts a Consolidated Plan, the City will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the City expects to receive (including grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of Iow- and moderate-income. The City of Tustin will make this information available at a public meeting or hearing, noticed local newspapers and posted at various City Hall locations. This meeting/hearing will be held prior to "publication" of the Plan for comment. Prior to the undertaking of any project resulting in the displacement of person, the City will set forth plans to minimize that displacement, and to assist any persons displaced, specifying the types and levels of assistance the jurisdiction will make available (or require others to make available) to persons displaced. The City of Tustin will make this information available in direct mailings or by meeting with impacted residents. (2) The City of Tustin will publish the proposed Consolidated Plan in a manner that affords citizens, public agencies, and other interested parties a reasonable opportunity to examine its contents and to submit comments. The requirement for publishing will be met by publishing a summary of the proposed Consolidated Plan in one or more newspapers of general circulation, and by making copies of the proposed Consolidated Plan available at the Tustin Library and a City Hall location, including a notice (c) board. The summary will describe the contents and purpose of the Consolidated Plan, and will include a list of the locations where copies of the entire proposed Consolidated Plan may be examined. In addition, the City of Tustin will provide free copies of the plan to citizens and groups that request it. (3) The City of Tustin will provide for at least one public hearing during the development of the Consolidated Plan after publication of the draft version. See paragraph (e) of this section for public hearing requirements, generally. (4) The City will provide a period, not less than 30 days, to receive comments from citizens on the Consolidated Plan. (5) The City of Tustin will consider any comments or views of citizens received in writing, or orally at the public hearings, and in preparing the final Consolidated Plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons therefore, shall be attached to the final Consolidated Plan. Amendments. (1) Amendment to the Action Plan and/or Consolidated Plan. The City of Tustin will amend the approved Action Plan and/or Consolidated Plan whenever the City makes the following decisions, as found in {}91.505 of the Final Rule of consolidated submission: A decision to make a change in its allocation priorities or a change in the method of distribution of funds; A decision to carry out an activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan; or A decision to change the purpose, scope, or location of beneficiaries of an activity. Upon completion, the City will make the amendment public and will notify HUD of such amendment. The City reserves the right to make non- substantial changes to the Action Plan and/or Consolidated Plan without opening a public comment period. (2) Substantial Amendment. Section 91.505 of the Final Rule requires the City to identify the criteria for determining what changes in the planned or actual activities constitute a substantial amendment to the City's Action Plan and/or Consolidated Plan. A substantial amendment is defined as follows: a) The deletion or addition of priorities established in the Consolidated Plan. b) An increase or decrease in funds of fifty (50) percent or more allocated to a specific project or program. c) Any new activity not previously described in the Action Plan and/or Consolidated Plan. The City of Tustin will provide citizens with reasonable notice and an opportunity to comment on substantial amendments. Such substantial amendments will be noticed in a local newspaper of general circulation and notices will be posted in public places, including the Tustin library and various City Hall locations. Written comments will be accepted during regular City business hours and by mail. A period, not less than 30 days, to receive comments on the substantial amendment before the amendment is implemented will be provided. If determined appropriate or necessary by the City of Tustin, a public hearing will also be held. The City of Tustin shall consider any comments or views of citizens received in writing, or orally at public hearings, if any, in preparing the substantial amendment of the Consolidated Plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons therefore, shall be attached to the substantial amendment of the Consolidated Plan. (d) Performance reports. The City of Tustin will provide citizens with reasonable notice and an opportunity to comment on performance reports. The availability of performance reports will be noticed in a local newspaper of general circulation and notices will be posted in public places, including the Tustin library and various City Hall locations. Written comments will be accepted during regular City business hours and by mail. A period, not less than 15 days, will be provided to receive comments on the performance report that is to be submitted to HUD, before its submission. If determined appropriate or necessary by the City of Tustin, a public hearing will also be held. (2) The City of Tustin shall consider any comments or views of citizens received in writing, or orally at public hearings, if any, in preparing the performance report. A summary of these comments or views shall be attached to the Annual Performance Report provided to HUD by the City. (e) (f) (g) Public hearings. The City of Tustin will provide for at least two public hearings per year to obtain citizens' views and to respond to proposals and questions, to be conducted at a minimum of two different stages of the program year. Together, the hearings will address housing and community development needs, development of proposed activities, and review of program performance. To obtain the views of citizens on housing and community development needs, inclUding priority non-housing community development needs, at least one of these hearings will be held before the proposed Consolidated Plan is published for comment; the second public hearing will be held after publication, during the 30-day comment period. (2) Advance notice of each hearing will be published in a local newspaper of general circulation, a minimum of 10 days prior to the hearing date. Notices will also be posted i'n public places, including the Tustin library and various City Hall locations. Notices will include sufficient information published about the subject of the hearing to permit informed comment. (Publishing small print notices in the newspaper a few days before the hearing does not constitute adequate notice.) (3) The City of Tustin will' hold public, hearings at times and locations convenient to potential and actual beneficiaries, and with accommodation for persons with disabilities. Generally, public hearings will be held during evening hours at the Community Center at the City Hall Complex. If, based on citizen input, the City of Tustin determines that a hearing held at another time or location is warranted, the City will hold such a hearing. The time and location will be determined and noticed per the method indicated above. (4) In the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate, the needs of those residents will be met, with reasonable advance notice. Meetings. The City of Tustin will provide citizens with reasonable and timely access to local meetings. Availability to the public. The City of Tustin will provide that the Consolidated Plan, as adopted, substantial amendments to the Plan, and the Annual Performance Report will be available to the public, including the availability of materials in a form accessible to persons with disabilities, upon request. Those documents will be available to the public at City Hall, during regular business hours. (h) (i) (J) (k) Access to records. The City of Tustin will provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to the City's Consolidated Plan and the City's use of Community Development Block Grant assistance during the preceding five years. Technical assistance. The City of Tustin will provide for technical assistance to groups representative of persons of Iow- and moderate-income that request such assistance in developing proposals for funding assistance under any of the programs covered by the Consolidated Plan, with the level and type of assistance determined by the City. The assistance need not include the provision of funds to the groups. Complaints. If citizen complaints related to the Consolidated Plan, amendments, and performance reports are received, the City of Tustin will provide a timely, substantive written response to every written citizen complaint, within 15 working days, where practicable. Use of Citizen Participation Plan. The City of Tustin will follow its Citizen Participation Plan. Jurisdiction responsibility. The requirements for citizen participation do not restrict the responsibility or authority of the City of Tustin for the development and execution of its Consolidated Plan. S:\Cdd~JUSTINA\cdbg\Citizen Participation Plan Final.doc