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HomeMy WebLinkAbout22 - CDBG Citizen Participation PlanCITY OF NEWPORT BEACH �e�gWPORr COMMUNITY AND ECONOMIC Hearing Date: September 24, 2002 u rDEVELOPMENT PLANNING DEPARTMENT Agenda Item No.: 22 C'[rFONNt' 3300 NEWPORT BOULEVARD Staff Person: Daniel R. Trimble NEWPORT BEACH, CA 92658 (949) 644 -3230 (949) 644 -3200; FAX (949) 644 -3229 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Community Development Block Grant Citizen Participation Plan (CPP). SUMMARY: As part of the Community Development Block Grant Program, the City must periodically review its Citizen Participation Plan and submit such to HUD. SUGGESTED ACTION. L. Conduct Public hearing; and 2. Approve the Citizen Participation Plan. Background Staff is requesting that the City Council hold a public hearing to hear public comments from interested citizens and to consider and approve the Community Development Block Grant (CDBG) Citizen Participation Plan. In 1996, the City Council approved and submitted a Citizen Participation Program to the U.S. Department of Housing and Urban Development (HUD) for review and approval. In an effort to comply with HUD's requirements, the City must periodically review its Citizen Participation Plan and submit the approved plan to HUD for their review and approval. Public Notice and Review The availability for public review of and comment on the Draft Citizen Participation Plan was advertised in the Daily Pilot on August 14, 2002. Citizen Participation Plan The purpose of the Citizen Participation Plan is to establish policies and procedures to encourage citizens to participate in the development of the Consolidated Plan, and subsequent performance reports. The City must identify in the Citizen Participation Plan how it will distribute information on its CDBG program including grant funds and programs; provide sufficient public notice; provide opportunities for public review and comment on the Citizen Participation Program, Consolidated Plan, and performance reports; provide technical assistance for participating in any CDBG funded programs; and describe the procedures for handling complaints related to the Consolidated Plan. Even though the plans are separately titled, the Citizen Participation Plan is functionally part of the Consolidated Plan. The amended Citizen Participation Plan would apply to all future Consolidated Plan documents. For the City of Newport Beach CDBG program, the Consolidated Plan Documents include the following: • Five -Year Consolidated Plan • Five -Year Analysis of Impediments to Fair Housing Choice • Citizen ParticipationPlan • One Year Action Plan • Consolidated Annual Performance Evaluation and Report (CAPER). Conclusion The Draft Citizen Participation Plan was released on August 15, 2002. A notice of availability of the document has been published, and the public will have thirty days to comment on the Plan prior to council action. Staff is requesting that the City council hear public comments from interested citizens and to consider and approve the Citizen Participation Plan. This action is intended to satisfy HUD regulations on the review and submittal of the Citizen ParticipationPlan. Submitted by: SHARONZ. WOOD Assistant City Manager Attachment 1: Citizen ParticipationPlan Prepared by: DANIEL R. TRIMBLE Program Administrator Page 2 1 F City of Newport Beach Citizen Participation Plan For the Consolidated Plan Documents City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 City of Newport Beach Citizen Participation Plan For the Consolidated Plan Documents I. Purpose The City of Newport Beach is an entitlementjurisdictionreceiving Community Development Block Grant (CDBG) funds directly from the U.S. Department of Housing and Urban Development (HUD). Pursuant to the CDBG program regulations, the City is required to prepare a five -year Consolidated Plan and annual updates to guide and report on the use of CDBG funds. Annual reviews of program performance are also required. This Citizen Participation Plan (CPP) sets forth the City of Newport Beach's policies and procedures for citizen participation in the development of the Consolidated Plan Documents and any subsequent amendments. The CPP provides an opportunity for nonprofit service agencies and the community to work in partnership with the City to identify needs and allocate CDBG funds. While this plan will aim to ensure the participation of all citizens, special assurances will be made to ensure the participation of the following: extremely low -, low -, and moderate - income persons; persons living in areas where federal funds are proposed to be used; residents of assisted housing; low income residents of target revitalization areas; minorities; non - English speaking persons; and persons with physical disabilities. H. Definitions For purposes of the Community Development Block Grant (CDBG) program, the following definitions will apply: Consolidated Plan Documents (CPD) - For the Community Development Block Grant (CDBG) program for the City of Newport Beach, the Consolidated Plan Documents will include the following: • Five -Year Consolidated Plan • Five -Year Analysis of Impediments to Fair Housing Choice • Citizen Participation Plan • One Year Action Plan • Consolidated Annual Performance Evaluation and Report (CAPER) Low and Moderate Income Households - Pursuant to HUD regulations, the primary beneficiaries of the CDBG program should be low and moderate income households, defined by HUD as follows: Citizen Participation Plan for the Community Development Block Grant Program Page 1 Extremely Low - Income Household - 0 -30% County Median Family Income (MFI). Low - Income - 31 -50% County MFI. Moderate - Income - 51 -80% County MFI. Low- and Moderate - Income Area - Generally defined as a census tract(s) or block group(s) in which a minimum of 51 percent of the residents have an income not exceeding 80 percent of the County median income. Slum or Blighted Area - An area meeting the definition of a slum, blighted, deteriorated or deteriorating area under State or local law, typically identified as a Redevelopment Project Area, or where there is a substantial number of deteriorating or dilapidated buildings or improvements throughout the area. III. Citizen Participation Strategy The City of Newport Beach recognizes that CDBG funds are tax money returned to the City to be used primarily to benefit extremely low -, low -, and moderate - income persons. City staff and officials are stewards of this public money and will openly discuss all records, except those confidential records protecting a household's privacy. The City presents the following as its policy defining its Citizen Participation Strategy. A. Decision Making Bodies The City of Newport Beach has established a Staff Advisory Group to assist the City Council in making funding decisions relating to the CDBG program. The functions and makeup of this group is described below. 1. Staff Advisory Group The Staff Advisory Group is comprised of representatives from the various City departments, including the Assistant City Manager, Public Works Department, and Community and Economic Development Department. The Staff Advisory Group will perform in an advisory manner to the City Council concerning planning, implementing, and assessing the CDBG programs /activities related to capital expenditures and administration expenditures. In addition, the Staff Advisory Group will review all public service grant applications for funding and will recommend funding priorities to the City Council. This will be accomplished through the following tasks: Citizen Participation Plan for the Community Development Block Grant Program Page 2 r., Information dissemination during the CDBG application process, and other HUD application processes as applicable; Preparation of project recommendations for City Council's review and final approval; and Review of project/program progress. 2. City Council After reviewing the recommendations on capital outlay projects, administration,and public service projects made by the Staff Advisory Group, the City Council shall make the final funding determination on the CDBG funds. B. Program Planning Process The City of Newport Beach will adhere to the following citizen participation process when conducting program planning and reporting for the CDBG program. 1. Citizen Participation Plan a. Plan Development i) Plan Review and Comment The Draft Citizen Participation Plan (CPP) shall be made available for public review for a 30 -day period. Written comments will be accepted during the 30 -day public review. A summary of the comments, views, and City responses shall be attached to the public hearing draft of the CPP. ii) Public Hearing The City Council shall conduct a public hearing to accept public comments on the draft CPP. After public comments are heard by the City Council, it shall approve the CPP. b. Plan Amendment The City can make amendments to the CPP through the following amendment process: Citizen Participation Plan for the Community Development Block Grant Program Page 3 i) Public Review and Comment Substantial amendments to the CPP maybe made available for public review for a 30 -day period. Written comments will be accepted during the 30 -day public review. A summary of the comments, views, and City responses will be attached to the public hearing draft of the CPP. ii) Public Hearing The City Council shall conduct a public hearing to accept public comments on the draft amended CPP. After public comments are heard by the City Council, it shall approve the amended CPP. 2. Five -Year Consolidated Plan a. Plan Development i) Consultation During the development of the Five -Year Consolidated Plan, the City will consult the following services /agencies to solicit their input on housing and community development needs: • Health Services • Social Services for: Children, Elderly, Disabled, Homeless, Persons With • AIDS State and Local Health Agencies • Adjacent Local Governments • Economic Development Interests • Public Housing Agency A variety of mechanisms may be utilized to solicit input from these services /agencies. These include telephone or personal interviews, mail surveys, and consultation workshops. b. Public Review and Comment The Draft Consolidated Plan will be made available for public review for a 30 -day period. Written comments will be accepted during the 30 -day public review. A summary of the comments and views, and City responses shall be Citizen Participation Plan for the Community Development Block Grant Program Page 4 attached to the Consolidated Plan. C. Public Hearings The City Council will conduct a public hearing /meeting to accept public input on community needs during the development stage of the Draft Consolidated Plan. The City Council will also conduct a public hearing to accept comments on the Draft Consolidated Plan which will be provided for public review for a 30 -day period (see above). 3. Plan Amendment a. Substantial Change The City will formally amend its approved Five -Year Consolidated Plan whenever a decision is made to propose a substantial change in allocation priorities or method of distribution of funds. For the purpose of the Five -Year Consolidated Plan, a "substantial change" will constitute a cumulative change equal to or in excess of 20% of the City's CDBG entitlement for a program year. For example, if the Five -Year Consolidated Plan's Priority Needs Summary Table indicates a "Low PriorityNeed" formulti - family housing rehabilitation and third year into the five -year time frame, the City decides to change the priority to "High" level priority in order to implement a multi - family rehabilitation program using 20% or more of the City's annual CDBG allocation, this change in allocation priority would constitute a substantial change to the Five -Year Consolidated Plan and a formal amendment to the Plan is warranted. Changes in the allocation priorities not amounting to 20% of the entitlement will not be considered as a substantial change to the Five -Year Consolidated Plan; no formal amendment to the Plan requiring public reviewand comment will be warranted. City Council approval of the priority changes is still required. However, if a program or type of programs is indicated in the Five -Year Consolidated Plan as "No Such Need," the City will need to amend the Consolidated Plan in order to implement the program(s) regardless of the level of funding. Any time a change from "No Such Need" to a Low, Medium, or High level priority is considered by HUD as a substantial Citizen Participation Plan for the Community Development Block Grant Program Page 6 amendment to the Consolidated Plan. b. Public Review and Comment Substantial amendments to the ConsolidatedPlan will be made availablefora 30 -day public review. Written comments will be accepted during the 30 -day public review. A summary of the comments and views, and City responses must be attached to the amendment. C. Public Hearings The City Council will conduct a public hearing/meeting to accept public input on any amendment to the Consolidated Plan. 4. One Year Action Plan a. Plan Development i) Consultation In addition to Newport Beach residents, the City will ensure that public (including City staff) and private agencies that provide the following services will be consulted in the development of the Action Plan: • Health Services • Social Services for: Children, Elderly, Disabled, Homeless, Persons With • AIDS State and Local Health Agencies • Adjacent Local Governments • Economic Development Interests • Public Housing Agency These persons /agencies will be contacted and brought into the process in the following manner: • Each year, the City will send written Notice of Funding Availability (NOFA) to each cooperating department and nonprofit agency advising them that the planning cycle has begun for CDBG funds, and that the City is accepting project proposals. • City staff will conduct outreach to special interest groups in Citizen Participation Plan for the Community Development Block Grant Program Page 6 Newport Beach, such as senior citizens and the disabled, and make presentations on the Action Plan to these groups where necessary. The City will conduct an eligibility analysis on all project proposals submitted and review the eligible proposals for service provider grants. The review will be conducted by the Staff Advisory Group for funding consideration. b. Public Review and Comment The Draft Action Plan incorporating the City's proposeduses of CDBG funds will be made available for public review for a 30 -day period. Written comments will be accepted during the 30 -day public review. A summary of the comments and views, and City responses will be attached to the Action Plan. C. Public Hearings The City Council will hold a public hearing to discuss the eligible project proposals and funding recommendations for both public service grant and capital outlay projects, and make funding decisions. The Council will conduct a second public hearing to accept comments on the Draft Action Plan which will be provided for public review for a 30 -day period (see above). d. Plan Amendment i) Substantial Change The City will formally amend its approved Action Plan whenever a decision is made to propose a substantial change to the Plan, either by: carrying out an activity not previously described in the Action Plan; canceling an activity previously described in the Action Plan; • increasing or decreasing the amount to be expended on a particular activity from the amount stated in the Action Plan by more than 50 percent; or Citizen Participation Plan for the Community Development Block Grant Program Page 7 substantially changing the purpose, scope, location, or beneficiaries of an activity. Changes in funding for an existing activity not amounting to more than 50 percent will not be considered as a substantial change to the One Year Action Plan; no formal amendment to the Action Plan requiring public review and comment will be warranted. However, City Council approval of the activity funding changes is still required. e. Public Review and Comment Substantial amendments to the Action Plan will be made available for a 30- day public review. Written comments will be accepted during the 30 -day Public review. A summary of the comments and views, and City responses must be attached to the Action Plan. f. Public Hearings The City Council will conduct a public hearing /meeting to accept public input on any amendment to the One -Year Action Plan. 5. Consolidated Annual Performance and Evaluation Report (CAPER) Plan Development a. Public Review and Comment The Consolidated Annual Performance and Evaluation Report (CAPER) will be made available for a 15 -day public review. Written comments will be accepted during the 15 -day public review. A summary of the comments and views, and City responses must be attached to the CAPER. i) Public Hearing No public hearing is required. 6. Five -Year Analysis of Impediments (AI) to Fair Housing Choice a. Plan Development i) Consultation During the development of the Five -Year AI, the Citywill consultthe Citizen Participation Plan for the Community Development Block Grant Program Page 8 following services /agencies to solicit their input on fair housing issues in the City: • Fair Housing Organizations • Other local governments • Advocacy groups for special needs households • Affordable housing providers • Banks and other financial institutions • Educational institutions A variety of mechanisms may be utilized to solicit input from these services /agencies. These include telephone or personal interviews, mail surveys, and consultation workshops. ii) Public Review and Comment The Draft Al will be made available for public review for a 30 -day period. Written comments will be accepted during the 30 -day public review. A summary of the comments and views, and City responses must be attached to the Al. iii) Public Hearings The City Council will conduct a public hearing/meeting tcaccept public input on fair housing issues during the development stage of theDraft Al. The City Council will also conduct a public hearing to accept comments on the Draft Al which will be provided for public reviewfora 30 -day period (see above). IV. Public Notification A. Public Meetings and Hearings Staff will ensure adequate advance notice of all public meetings and hearings. Adequate noticing will include: Printing notices in the Newport Beach Daily Pilot, and/or other newspapers of general circulation in the City. Posting notices at City Hall, the Newport Beach Public Library, and the City Clerk's office. Citizen Participation Plan for the Community Development Block Grant Program Page 9 Notices will be printed at least 10 days prior to the meeting date. B. Documents for Public Review Notices of availability of all draft Consolidated Plan Documents(CPD) for public review and a summary of the CPD will be published in a display ad in the Newport Beach Daily Pilot. V. Access to Meetings All public hearings will be conducted at the following location: City Council Chambers, Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663 Spanish translation is available at all public hearings if requested in advance at least 72 hours prior to the public hearing. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If an attendee or participant at a public hearing needs special assistance beyond what is normally provided, the City ofNewport Beach will attempt to accommodate these people in every reasonable manner. The City Clerk must be notifiedat least 72 hours prior to the public hearing. VI. Availability of Documents for Public Review The City will place draft copies of the Consolidated Plan Documents and substantial amendments to these documents for public review at the following locations: City of Newport Beach Planning Department City of Newport Beach City Clerk Newport Beach Public Library The City will provide a reasonable number of free copies of the documents to citizens and groups that request copies. Notices of availability of draft documents for public review will be published as specified in Section IV.B of this CPP. Citizen Participation Plan for the Community Development Block Grant Program Page 10 VII. Access to Records The City will ensure timely and reasonable access to information and records related to the development of the Consolidated Plan Documents (CPD), and the use of moneys for programs funded by CDBG. Information to be made available will include budget and program performance information, meeting minutes, and comments received by the City during the development of the CPD. Requests for information and records must be made to the City of Newport Beach in writing. Staff will respond to such requests within 15 working days or as soon as possible thereafter. VIII. Technical Assistance Upon request, staff will provide technical assistance to groups representing extremely -low and low- income persons to develop funding requests for CDBG eligible activities. Technical assistance will be provided as follows: Establish an annual project proposal submission and review cycle (NOFA) that provides information, instructions,forms and advice to interested extremely low -, low- and moderate - income citizens or representative groups so that they can have reasonable access to the funding consideration process. Provide self - explanatory project proposal forms and instructions to all persons who request them whether by telephone or by letter. The City's funding application form is designed to be easily understood and short, while still covering all key items necessary to judge the validity of the request. Statistics concerning specific areas of the City are furnished by City staff upon request. • Answer, in writing, all written questions and answer verbally all verbal inquiries received from citizens or representative groups regarding how to write or submit eligible project proposals. • Meet with groups or individuals as requested, to assist in identifying specific needs and to assist in preparing project proposal applications. • Obtain information in the form of completed project proposal forms from citizens or non - profit agencies and assemble a list of proposals available for public review. • Conduct a project eligibility analysis to determine, at an early stage, the eligibility of each project. In cases where only minor adjustments are needed to Citizen Participation Plan for the Community Development Block Grant Program Page 11 make proposals eligible or otherwise practical, City staff will advise the applicants on the options available and desired changes to the proposals. Provide bi- lingual translation on as needed basis. IX. Comments and Complaints A. Comments Citizens or the City government, as well as agencies providing services to the community, are encouraged to state or submit their comments in the development of the CPD and any amendments to the CPD. Written and verbal comments received at public hearings or during the commentperiod, will be consideredand summarized,and included as an attachment to the City's final CPD. Written comments should be addressed to: City of Newport Beach Economic Development Department 3300 Newport Boulevard Newport Beach, CA 92663 A written response will be made to all written comments within ten working days, acknowledging the letter and identifying a plan of action, if necessary. Every effort will be made to send a complete response within 15 working days to those who submit written proposals or comments. Copies of the complete final CPD and amendments to the CPD will be available to residents at the following locations: City of Newport Beach Planning Department City of Newport Beach City Clerk Newport Beach Public Library B. Complaints Complaints regarding the CPD planning process and CPD amendments must be made within 3 0 days from the date the document is published for comment. A writtenresponse will be made to all written complaints within 15 working days, acknowledging the letter and identifying a plan of action, if necessary. The City will accept written complaints provided they specify: Citizen Participation Plan for the Community Development Block Grant Program Page 12 The description of the objection, and supporting facts and data. Provide name, address, telephone number, and a date of complaint. X. Bilingual Opportunities Wherever a significant number of extremely low- and low- income persons speak and read a primary language other than English, translation services at all public hearings will be provided in such language if translation services are requested in advance at least 72 hours prior to the public meeting. XI. Appeals Appeals concerning the CPD, statements, or recommendations of the staffshouldbe made to the following persons in order presented: • Assistant City Manager • City Manager • City Council • Los Angeles Area Office of HUD (if concerns are not answered) Citizen Participation Plan for the Community Development Block Grant Program Page 13