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HomeMy WebLinkAbout01 CITIZEN PART PLAN 11-06-95NO. 1 11-6-95 ')ATE: NOVEMBER 6, ' 1995 I.nter-Com TO: WTLLT~ A. HUSTON~ CTTY NJ~AGER FROM: COI~UNITY DEVELOPMENT DEPARTMENT i~ENDMENTS TO THE CIT'rZEN PARTICIPATION PLAN FOR PREP~.~TION SUBJECT: OF CONSOLID/%TED PLaN RECOMMENDATION It is recommended that the City Council adopt Resolution No. 95- 100, approving amendments to the Citizen Participation Plan for the preparation of the Consolidated Plan. FISCAL IMPACT The amendments to the existing Citizen Participation Plan will not fiscally impact the City's General Fund, or federal Community Development Block Grant monies. BACKGROUND On August 5, 1994, the U.S. Department of Housing and Urban DeveloPment (HUD) issued a Proposed Rule containing regulations relating to the Consolidated Plan. Those regulations required the "adoption" of a Citizen Participation Plan, a strategy for encouraging citizens to participate in the development of the Consolidated Plan, amendments to the Plan, as well as related performance reports. In January of 1995, the Community Development Department noticed the availability of a draft Citizen Participation Plan which was effectively "adopted" following a 30-day public comment period. On February 15, 1995, HUD forwarded to us the Final Rule on the Consolidated Plan. In that Final Rule, provisions pertaining to required elements of the Citizen Participation Plan had been substantially revised. The Citizen Participation Plan adopted in January was not in full compliance with the final regulations. The Rule allowed the City's Consolidated Plan, adopted by the City Council on May 1, 1995, to be prepared in accordance with the citizen participation process detailed in the Final Rule, without the formal adoption of a revised Citizen Participation Plan. However, as a "housekeeping" measure, the City Citizen City Council Report Amendments to the Citizen Participation Plan for Preparation of Consolidated. Plan November 6, 1995.' Page 2 Participation Plan.should be amended to be in compliance with the current requirements. While the Consolidated Plan is a five-year planning document, one component, the One-Year Action Plan,'must be updated annually. The Citizen Participation Plan must be adhered to in the preparation of the Action Plan. ANALYSIS The City of Tustin's amended Citizen Participation Plan contains a variety of required elements. Its most important function is to encourage citizens to become involved in the development of the Consolidated Plan, including the one-year ActiOn Plan. The plan sets forth Tustin'spolicies and procedures for public nOtification of public hearings on matters related to the Consolidated Plan such as amendments and performance reports. It also notes the responsibility Tustin has to follow its Citizen Participation Plan. CONCLUSION Community Development Department staff recommends that Council support the amendments to the Citizen Participation Plan. Resolution No. 95-100 has been prepared for Council action. Staff will be available during the public hearing to make a presentation on the Citizen Participation Plan, as well as answer questions. P~{ala Ra~k~inr \ A~sociat~ Planner PR: kd\ccrepor t \c | tpart, pr 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-~00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 'CALIFORNIA, ADOPTING AN AMENDED CITIZEN PARTICIPATION PLAN. WHEREAS, in January of 1995, the U.S. Department of Housing and Urban Development published the Final Rule related to the Consolidated Submission for community Planning and Development programs (Consolidated Plan); and WHEREAS, the Final Rule requires adoption of a Citizen Participation Plan and contains specific requirements for its contents; and WHEREAS, citizens werenotified of the proposed amendment to the Citizen Participation Plan through an advertisement published in the local newspaper; and WHEREAS, a staff report has been prepared recommending adoption of the amended Citizen Participation Pl'an; and WHEREAS, a public hearing to obtain the views of citizens on the amended Citizen Participation Plan, was held by the City Council on November 6, 1995. NOW THEREFORE BE IT RESOLVED, the City Council of the city of Tustin resolves as follows: Section 1: The City Council of the ~ity of TuStin does hereby adopt the amended Citizen Participation Plan. Section 2: 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 by the City Council of Tustin this 6th day of November, 1995. JIM POTTS Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS C'rTY OF TUSTIN CIT?V. EN PARTICIPATION PLAN FOR THE CONSOLS'DATED PLAN FOR COI~UN'rTy PL~'rN~ ~ DEVELOPI~ENT 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 participatesl 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 92680. Copies of this CP Plan are available upon.request. OBJECTIVES OF THE CITIZEN PARTICIPATION PLAN The objectives of the Citizen Participation Plan are: lo To encourage citizens, particularly residents with low- 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. C~tizen P&rt~cipation 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 Ofthe Citizen Participation Plan. (1) 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 Pl'an 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 annual performance report. (ii) The requirements are designed especiallY to encourage participation by low- 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 low- 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. (iii.) 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 low-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 low- 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 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 a reasonable number of 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. (c) Amendments. (1) Criteria for amendment to the Consolidated Plan. The City of Tustin will use the following criteria, found in §91.505 of the Final Rule of consolidated submission, for determining what changes in planned or actual activities constitute a substantial amendment to the Consolidated Plan: A decision to make a change in its allocation priorities or a change in the method of distribution of funds; A decision to carryout 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. (2) The City of Tustin will provide citizens with reasonable notice and an opportunity to comment on substantial amendments. Such amendments will be noticed in a local newspaper of general circulation and notices will 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. (3) 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 therefor, shall be attached to the substantial amendment of the Consolidated Plan. (d) Performance reports. (1) 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 wiI1 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) Public hearings. (1) 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 nonhousing 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 in 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. (f) Meetings. The City of Tustin will provide citizens with reasonable and timely access to local meetings. (g) 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) 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. (i) Technical assistance. The City of Tustin will provide for technical assistance to groups representative of persons of low- 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. (j) 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. (k) Use of Citizen Participation Plan. The City of Tustin will follow its Citizen Participation Plan. (1) 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. PR: kd\cdbg\c i t zp[ n.