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HomeMy WebLinkAboutCC RES 17-22RESOLUTION NO. 17-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SUBMISSION OF THE AMENDMENT 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, on April 18, 2017, the Tustin City Council requested staff to survey surrounding Orange County cities for guidance in drafting an amendment to the existing Citizen Participation Plan regarding the current funding allocation procedure for public service activities; WHEREAS, the proposed amendment to the Citizen Participation Plan would modify the funding cycle from a three-year to a one-year funding cycle for public service activities; WHEREAS, citizens were notified of the proposed amendment to the City's Citizen Participation Plan through a legal notice published in the local newspaper; and WHEREAS, the City Council considered the amendment at the meeting on June 20, 2017. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Tustin resolves as follows: Section 1: The City of Tustin's amendment to the Citizen Participation Plan is hereby approved as presented to the City Council at their hearing on June 20, 2017, and attached. hereto as Exhibit A. The amendment to the City of Tustin's Citizen Participation Plan shall be as follows: Resolution 17-22 Page 1 of 3 Section Il of the Citizen Participation Plan is amended to read: II. FUNDING ALLOCATION PROCEDURE A. Introduction, Purpose, and Objectives The purpose of the Funding Allocation Procedure of the City of Tustin is to facilitate the allocation of funds to CDBG activities on an annual basis. By funding public service activities on an annual basis, the City Council would be able to closely monitor CDBG allocations to activities on an annual basis, and make funding recommendations based on the available allocation for public services. All programs/projects/activities must address priorities established in the City's Consolidated Plan and comply with applicable federal and City rules and regulations. The City Review Committee shall evaluate all project applications, including public service applications, based on the City of Tustin Project Selection Process and Evaluation criteria attached hereto as Exhibit A. B. Public Service Activities Applications for public service activities and/or programs will be accepted annually. These activities and/or programs are subject to the following criteria: Activities must leverage funds with other sources; 2. Activities must be in compliance with contractual obligations; 3. Activities must report accomplishments correctly in the Quarterly and Annual Performance Reports and/or other documentation as described in current year contract; and, 4. Activities must receive a successful assessment of project performance and progress from City staff. Section 3: Staff is hereby directed to submit the amendment to the Citizen Participation Plan to the federal Department of Housing and Urban Development. Section 4: The City Manager of the City of Tustin or his/her 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 Block Grant 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. Resolution 17-22 Page 2 of 3 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 20th day of June, 2017. DR. ALLAN BERNSTEIN, Mayor ATTEST: ERICA N. RABE, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 17-22 ERICA N. RABE, 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. 17-22 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of June, 2017, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, City Clerk Resolution 17-22 Page 3 of 3 Bernstein, Murray, Gomez, Clark (4) Puckett ) i i a EXHIBIT A TO RESOLUTION NO. 17-22 j i I i City of Tustin Citizen Participation Plan i CITY OF TUSTIN CITIZEN PARTICIPATION PLAN AND FUNDING ALLOCATION PROCESS I. CITIZEN PARTICIPATION PLAN A. 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 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) 573-3138 or by writing to 300 Centennial Way, Tustin, CA 92780. Copies of this CP Plan are available upon request. B. Objectives of the Citizen Participation Plan The objectives of the Citizen Participation Plan are: 1. 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. 2. To assure that citizens are furnished appropriate information about the Consolidated Plan and its various component programs. C. Procedures and Process 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. i I City of Tustin Page 1 of 10 Citizen Participation Plan i (a) Applicability and adoption of the 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 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 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) Citizen Participation Committee. Through the Citizen Participation Committee, the City will encourage citizens to participate in the development, implementation, and evaluation of public service activities with regard to their relationship to the Action Plan and/or Consolidated Plan. 1. Citizen Participation Committee(CPC)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: • The Planning Commission Chairperson or his/her designee j • The Community Services Commission Chairperson or his/her designee City of Tustin Page 2 of 10 Citizen Participation Plan • The Senior Advisory Board Chairperson or his/her designee • The Audit Commission Chairperson or his/her designee • Three (3) at large representatives appointed by the City Council I 2. The Citizen Participation Committee member duties and responsibilities with regard to public service programs for the CDBG program are as follows: i • To provide citizen and community input in an advisory fashion on the development, implementation, evaluation, and amendments to the CDBG program. • To participate in 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 priorities, and to obtain comments on the City's CDBG program performance. • To encourage broad citizen and community participation on the CDBG program. All aspects of the public service program funding and allocation recommendation meetings in which the Citizen Participation Committee will participate 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. (iv) City Review Committee. Through the City's Review Committee, the City will encourage citizens to participate in the development, implementation, and evaluation of planning and administration, public facility and capital improvements, and preservation and rehabilitation projects (non-public service projects) with regard to their relationship to the Action Plan and/or Consolidated Plan. The City Review Committee is composed of a Director and/or s designee from each City Department. The City Review Committee duties and responsibilities with regard to the CDBG program are as follows: City of Tustin Page 3 of 10 Citizen Participation Plan • To present eligible project applications and receive citizen and community input on the development, implementation, evaluation, and amendments to the Community Development Block Grant Program. • To facilitate at least one public hearing which may be combined with the CPC 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 facilitate at least one City Council public hearing with a recommendation for project selection and funding allocation formulated based on Citizen input, CPC recommendations for public service projects, and Consolidated Plan priority input. • To encourage broad citizen and community participation on the Community Development Block Grant Program. All aspects of the required citizen input 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. (v) 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 i City of Tustin Page 4 of 10 Citizen Participation Plan in the local newspaper a and posted at various locations in Ci Hall. After a p p p City 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 any 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 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. i c City of Tustin Page 5 of 10 Citizen Participation Plan i E (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. i (c) 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. 1 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 City of Tustin Page 6 of 10 Citizen Participation Plan 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. (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 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) 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 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 in public places, including the Tustin library and various I City of Tustin Page 7 of 10 Citizen Participation Plan 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. i (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 a 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. City of Tustin Page 8 of 10 Citizen Participation Plan I i (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. II. FUNDING ALLOCATION PROCEDURE A. Introduction, Purpose, and Objectives The purpose of the Funding Allocation Procedure of the City of Tustin is to facilitate the allocation of funds to CDBG activities on an annual basis. By funding public service activities on an annual basis, the City Council would be able to closely monitor CDBG allocations to activities on an annual basis, and make funding recommendations based on the available allocation for public services. All programs/ projects/activities must address priorities established in the City's Consolidated Plan and comply with applicable federal and City rules and regulations. The City Review Committee shall evaluate all project applications, including public service applications, based on the City of Tustin Project Selection Process and Evaluation criteria attached hereto as Exhibit A. B. Public Service Activities Applications for public service activities and/or programs will be accepted annually. These activities and/or programs are subject to the following criteria: 1. Activities must leverage funds with other sources; a 9 2. Activities must be in compliance with contractual obligations; 3. Activities must report accomplishments correctly in the Quarterly and Annual Performance Reports and/or other documentation as described in current year contract; and, 4. Activities must receive a successful assessment of project performance and progress from City staff. City of Tustin Page 9 of 10 Citizen Participation Plan COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT SELECTION PROCESS AND EVALUATION CRITERIA The City reserves the right to act as sole judge of the content of the proposals submitted for City's evaluation and selection. The City further reserves the right to reject any or all project proposals. A. CONSOLIDATED PLAN-PRIORITY NEEDS To participate in the Federal Community Development Block Grant (CDBG) program, the City of Tustin has submitted to the U. S. Department of Housing and Urban Development a five-year planning document entitled the Consolidated Plan. The Plan details community needs and provides a strategy for addressing those needs. The Consolidated Plan contains a Listing of Priority Needs table which rates (high, medium, or low) a wide variety of community needs, including housing, homeless assistance, public facilities, infrastructure improvements, public services, economic development,and other community development needs. When considering projects and programs to be funded with CDBG monies, the proposals should address the community's priority needs(see attached). B. FUNDING CRITERIA Evaluation and selection of the requests for funding proposals will also be based upon the following considerations and criteria: 1. Completion of All Application Forms and Requested Information 2. Proposer's General Experience and Capability a. Proposer's demonstrated experience in the operation of programs similar to the one for which funding is requested. b. Proposer's demonstrated ability to provide the specific services proposed. C. Proposer's demonstrated financial status and ability to finance the proposal submitted. d. Local experience - consideration will be given to operators who have demonstrated experience in providing services to Tustin area residents. e. Proposer's other sources of funding. £ Proposer's verified history of compliance with obligations and responsibilities associated with contractual responsibilities or requirements City of Tustin Page 1 of 3 Evaluation Criteria of State and/or Federal grants. 3. General Program Concepts and Approach a. Demonstration of a critical need for the proposed project by Tustin area residents. b. The anticipated number of low- and moderate-income Tustin residents to be served by the proposal. C. The size of the service area for said program and whether the project will indirectly benefit areas within Tustin having a concentration of low- and moderate-income residents. d. The proposal's response to any needs identified in the City's Consolidated Plan. 4. General Mandatory Guidelines for Funding Requests Submitted by Public Service Providers and Non-Profits Each organization must: a. Be a non-profit community organization committed to enhancing the quality of life for Tustin residents. b. Serve Tustin residents and provide documentation of such service. C. Be registered with the State of California as a non-profit community organization or, for new organizations,be registered at the time the funds are allocated. d. Have a Board of Directors whose meetings are open to the public e. Provide the City of Tustin with a copy of current constitution/bylaws and policies and procedures. f. Demonstrate ability to generate financial and human resources from other sources. g. Not discriminate in employment or in clients served because of race, religion, sex, or national origin. h. Be accountable for revenue and expenditures through standard bookkeeping procedures. An annual audit at the agency's expense may be required, with the results available to the City of Tustin upon request. f r City of Tustin Page 2 of 3 Evaluation Criteria it C. EVALUATION PROCESS i The City staff will review the proposals for eligibility to receive CDBG funds. An j evaluation team comprised of the Citizen Participation Committee will conduct the j evaluation of the proposals; however, it may also include elected officials and other community leaders. In all cases, members of the team will have appropriate experience in the evaluation and administration of projects, proposals, lease agreements, construction contracts, bid documents, and public service program operations. In connection with its evaluation the team may, at its option, request interviews with those individuals or organizations proposing projects. During these interviews, the proposers will be allowed to present such evidence, as may be appropriate, for the team to accurately analyze all materials and documentation submitted with the proposals. The evaluation team will employ the applicable criteria and their expertise in evaluating all proposals and, working with City staff, shall submit a report to the City Council detailing a highest-to- lowest ranking of all responsive proposals. D. APPROVAL OF FUNDING PROPOSAL Subsequent to the evaluation process, recommendations will be presented to the City Council for review and approval. Specific amounts of recommended allocations may not correlate with the amount requested by an agency. Funding recommendations shall be presented at a regular meeting of the City Council and are subject to public review and comment. Distribution of grant funds is contingent on receipt of monies from the Federal government and funding granted in one fiscal year does not assure an applicant of any future funding. S:\U&MBGWpplicafion InfoTvaluation Criteria.doc i l I i i City of Tustin Page 3 of 3 Evaluation Criteria