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HomeMy WebLinkAbout09890RESOLUTION NO. 9890 A RESOLUTION ADOPTING A CITIZENS PARTICIPATION PLAN FOR CITIZEN INPUT INTO APPLICATIONS FOR CDBG AND HOME FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Pueblo, Colorado has entered into Grant Agreements from Housing and Urban Development (HUD); and WHEREAS, the Grant Agreements requires the City of Pueblo, Colorado to comply with all federal regulations with respect to citizen participation; and WHEREAS, the City Council has reviewed the Citizen Participation Plan attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Citizen's Participation Plan, a copy of which is attached hereto, is hereby approved and adopted SECTION 2. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED June 23, 2003 BY Al Gurule/Councilperson APPROVED: President of City Council ATTEST: City Clerk CITIZENS' PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT BLOCK GRANT ACT OF 1974 AS AMENDED BY THE H. & C. D. ACT OF 1987 I. This plan is effective and amended as of March 29, 2003 and shall continue to remain in effect until all Community Development Block Grant CDBG and HOME activities are completed or until it is superseded by a new plan. II. In 1995, the Department of Housing and Urban Development (HUD) combined the CDBG and HOME application cycles thereby creating the Consolidated Plan process. The Consolidated Plan (CP) process is used to evaluate needs, set priorities, and allocate funds to implement projects using CDBG and HOME funds within a community. The CP process is more efficient by allowing for a more comprehensive approach to the evaluation of needs, the establishment of priorities and the allocation of funds by a community. Prior to finalizing the One Year Action Plan final statement of projects and activities to be funded with CDBG and HOME funds, all citizens of Pueblo will have an opportunity to participate in the development of that Consolidated Plan. This is a requirement of the Department of Housing and Urban Development (HUD) under the Community Development Block Grant and HOME Programs. This will be done by citizens' voicing opinions on how the funds should be used. III. The City of Pueblo intends that its Community Development Block Grant and HOME Programs have the support of the largest possible number of people in the community. Emphasis is placed on opportunities for participation by low/moderate income persons and the organizations and agencies that serve low/moderate income persons with Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds. The City of Pueblo will continue to have a Citizens' Advisory Committee (CAC) for input into the Community Development Block Grant and HOME program. The Citizens Advisory Committee has been established consisting of 12 members three from each quadrant of the City. A. The City has been divided for planning purposes into four quadrants as follows: 1. North Quadrant - District 1 - the area lying north of the Arkansas River and west of the Fountain River. 2. East Quadrant District 2 the area lying east of the Fountain River and north of the Arkansas River and including the downtown area. 3. Near South Quadrant District 3 the area lying south of the Arkansas River and west of Prairie Avenue. 4. Far South Quadrant District 4 the area south of Rice Avenue and Arkansas River and east of Prairie Avenue. B. The Citizens' Advisory Committee will meet to set policy, receive, and review all applications and proposed funding allocation to various City of Pueblo CDBG and 1 HOME programs. The CAC vill conduct public meetings to allow citizen input on the annual adoption of the One Year Action Plan and Consolidated Plan for CDBG and HOME funding. Other loan allocation committees will overview subsequent allocation of HOME funds. The Citizen Advisory Committee wilI meet at times months in advance of the beginning of the planning year's Consolidated Plan adoption and fiscal year to prepare for the upcoming CDBG and HOME funding cycle. The meetings where citizens can submit applications for funding will be open to the public and will be adequately publicized in advance. The CAC will then meet as often as necessary to develop its final recommendations on how the annual CDBG and HOME grant funds should be used. These recommendations will be forwarded to City Council and will form the basis of the City Council's consideration as to the content of the One Year Action Plan final statement of objectives and activities. C. Citizens may request to become a member of the Citizens' Advisory Committee by attending one of the planning meetings, giving their name and address, and indicating an interest in the serving on the Committee. Citizens may also request to become a member of the Citizens' Advisory Committee by making application through the Department of Housing & Citizen Services. New members will be elected by a majority vote of current members of the Citizens' Advisory Committee. If any member of the Committee shall have three consecutive absences without a legitimate excuse, his/or her place on the Committee shall be declared vacant. A legitimate excuse is defined as illness, working, or being out of town. All efforts will be made, by members to avoid having a conflict of interest, thus membership criteria will be subject to citizens that do not have a material interest in the award of CDBG or HOME funds. Members that belong to outside agencies or organizations requesting funds should use discretion in the decision making process. D. Except in case of appointments to fill non-expired terms, members shall serve for terms of four years, with such appointments being staggered so that no more than four regular vacancies occur at once, and so that no more than one regular vacancy in each of the four quadrants shall occur at once. Each Committee member shall serve until his term of office expires and a new election has been held by the Citizens Advisory Committee to fill the vacancy. Second 4-year terms and additional 4-year terms will be approved only by the majority vote of the Citizens' Advisory Committee members. E. The Committee considers all CDBG and HOME recommendations except those projects or programs that are overviewed by another committee of citizen input. These recommendations are received from citizen applications, letters, phone calls and appearances made at one or more of the planned meetings or public hearings before City Council. All requests are summarized and presented to the Committee. The Committee then sets its priorities based on the needs that have been expressed. F. The Citizens' Advisory Committee continues to function throughout the program year. Anyone desiring information concerning the current members of the Citizens' Advisory Committee should contact Mr. Tony Berumen, Director, Department of Housing & Citizen Services, City of Pueblo, 2631 E. 4th St., Pueblo, CO 81001; telephone: 583-4477 2 IV. Standards of Participation A. All aspects of Citizen participation shall be conducted in an open manner with freedom of access for all interested persons. Handicap accessibility will be sought in meeting places for the public. V. There shall be involvement of low- and moderate-income persons, members of minority groups, residents of areas where a significant amount of activity is proposed or ongoing, the elderly, the handicapped, the business community, and civic groups who are concerned about the program. The Citizens' Advisory Committee shall have substantial representation of low-and moderate-income citizens, members of minority groups, and members of groups representing special needs. A. The City shall make reasonable efforts to ensure continuity of involvement of citizens or citizen organizations throughout all stages of the program. B. Citizens shall be provided adequate and timely information to enable them to be meaningfully involved in important decisions at various stages of the program. C. Citizens, particularly low- and moderate-income persons and residents of blighted neighborhoods, shall be encouraged to submit their views and proposals regarding the Community Development Block Grant and HOME programs. VI. Scope of Participation A. The City shall provide for the continuity of citizen participation throughout all stages of the program application process. This includes involvement in the following areas: 1. Citizens shall be involved in development of the annual One Year Action plan that includes the recommended final statement of objectives and activities including. 2. Loan committees and periodic neighborhood meetings with various groups. 3. The five year (5) Consolidated Plan, including the listed goals and objectives of housing, and community development action programs to address the rental and housing needs of low income families, including neighborhood revitalization. 4. Subsequent amendments and other changes in the above, which propose new activities or alter the purpose, location or class of beneficiaries of activities in excess of 10 percent of the grant amount approved for the affected program year. VII. The criteria for amendment to the action plan: A. An amendment to the approved Action Plan will occur when the City of Pueblo decides not to carry out a project (activity) described in the Plan, to carry out a project 3 not previously described or to substantially change the purpose, scope, location or beneficiaries of a project. Change will be considered substantial when the purpose of the original project has been changed to a new significant project scope, when the location of the original project has been significantly changed to a new location or when new project beneficiaries have replaced the beneficiaries of the original project. Administrative budget transfer to close or re-program funds are not considered substantial amendments, where there is no change to the purpose, scope, location or beneficiaries of a project. B. Public Notice and Public Hearing for Substantial Amendment. There must be reasonable notice of a proposed Substantial Amendment so that residents will have an opportunity to review it and comment on it. The Citizen's Advisory Committee will review and comment on all substantial amendments. Notice will be made to the public via a publication in a newspaper of general circulation. A detailed written description of the proposed Substantial Amendment will be made available to the public. There will be a public hearing regarding the proposed Substantial Amendment conducted by the Director. In preparing a Final Substantial Amendment, careful consideration will be given to all comments and views expressed by the public, whether given as verbal testimony at the public hearing or submitted in writing during the review and comment period. The Final Substantial Amendment will have a section that presents all comments, plus explanations why any comments were not accepted. C. Program implementation The opinions of other citizens will be utilized in implementation of the Community Development Block Grant and HOME Programs. For example, a separate neighborhood organizations committee can be established to review housing rehabilitation loans and grant policies. Another example is in the design and use of new neighborhood revitalization projects and plans or input from organizations representative of the disabled community as to the location of curb and ramps. Residents around the project site will be consulted with regard to the design. D. Assessment of Performance Citizen and citizen organizations shall be given the opportunity to assess and submit comments on all aspects of the City's Community Development Block Grant and HOME performance. They shall also be given the opportunity to assess projects and activities to determine whether objectives are achieved. Such comments and suggestions may be submitted at any time during the year to Mr. Tony Bemmen, Director, Department of Housing & Citizen Services, City of Pueblo, 2631 E. 4th St., Pueblo, CO 81001; telephone 583-4477. VIII. Submission of Views and Proposal The City shall provide for and encourage the submission of views and proposals regarding the Community Development Block Grant and HOME Program by citizens, particularly low- and moderate-income persons, and residents of blighted neighborhoods. This includes submission of such views: A. Directly to the City during thc planning period to public hearings on the statement. 4 B. To the Citizens Advisory Committee. C. At the public hearing with the City Council. D. The City shall provide timely responses to all proposals submitted to it, including written responses to written complaints or proposals stating the reasons for the action taken by the City on the proposal. These responses shall be submitted within 20 working days after the City makes its final determination on those projects included in the City's One Year Action Plan to the Department of Housing and Urban Development. IX. Complaints A. Persons wishing to object to projects or programs in the approval of the CDBG or HOME program to HUD should contact the office located in the First Interstate Tower North at 633 17th Street, Denver, CO 80202-3607; telephone number: (303) 672-5414. HUD will consider objections made only on the following grounds: The City of Pueblo's description of needs and objectives is plainly inconsistent with available facts and data; or the activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the City of Pueblo; or the program does not comply with the requirements of the HUD regulations or other applicable law; or the program proposes activities which are otherwise ineligible for funding under the Community Development Block Grant Program. B. If any citizen or organization has a complaint or grievance regarding the City's Community Development Block Grant Program, the citizen or organization should contact Mr. Tony Berumen, Director, Department of Housing & Citizen Services, City of Pueblo, 2631 E. 4th St., Pueblo, CO 81001; telephone: 583-4477. Each complaint will be reviewed and attempts to reach satisfactory solution of the complaint. A response will be made to the complainant within 15 working days after the written complaint is received. If the complainant is not satisfied with the response, he may appeal to the City Manager or his designee and produce copies of the complaint to any member of the City Council. X. Technical Assistance A. Technical assistance is available to any citizen or organization at any time throughout the year. This assistance can be obtained by Contacting Mr. Tony Berumen, Director, Department of Housing & Citizen Services, City of Pueblo, 263l E. 4th St., Pueblo, CO 81001; telephone: 583-4477. Such assistance could include developing proposals and statements of views, information on Davis-Bacon wage requirements, environmental policies, equal opportunity requirement, and relocation provisions and like requirements. XI. Adequate Information A. The City of Pueblo shall provide full public access to program guideline information and undertake affirmative efforts to make adequate information available to citizens, 5 especially to those of low and moderate-income and to those residing in lower-income or blighted neighborhoods. B. At the time the City of Pueblo begins planning for the next program year, the following program information shall be provided to citizens through City press releases and or through public advertising notices: 1. The approximate amount of Community Development Block Grant Block Grant and HOME funds available to the City for community development projects and housing activities, public services, including administrative activities. 2. The range of activities that may be undertaken with these funds and the kinds of activities previously funded in the community. 3. The process to be followed in drawing up and approving the City's One Year Action Plan final statement of projects and activities and the schedule of meetings and heatings. 4. The role of citizens in the program. 5. A summary of other important program requirements and guidelines. C. The City of Pueblo shall provide for full and timely disclosure of its program records and information consistent with applicable State and local laws regarding personal privacy and obligations of confidentiality. Documents relevant to the program shall be made available for inspection and copying in the office of the Department of Housing & Citizen Services during normal working hours for citizens' review upon written or oral request. Such documents include the following: 1. All mailings and promotional material. 2. Records of hearings. 3. All key documents, including all prior applications and/or One Year Action Plan final statements of objectives and activities, letters of approval, grant agreements, the Citizen Participation Plan, the annual Comprehensive Annual Performance Evaluation Report (CAPER), and other grantee performance reports, reports required by HUD, and the proposed and approved One Year Action Plan final statement of projects and activities for the current year. 4. Copies of the regulations and issuances governing the program. 5. Documents regarding other important program requirements, such as contracting procedures, environmental policies, fair housing and other equal opportunity requirements and relocation provisions. D. When the One Year Action Plan is submitted to HUD, the City shall publish a notice in a newspaper of general circulation stating that the application has been submitted and is 6 available to interested parties upon request and describing the requirements on citizen objections to the application. E. The City shall make copies of the Citizen Participation Plan, the proposed and approved Statement, and the annual performance report available at locations conveniently located for persons affected by the program and accessible to the handicapped. XII. Process and Policy for Development of Consolidated Plan and One-Year Action Plan A. The City of Pueblo will complete each step described below prior to transmitting it submissions to the HUD Area Office. 1. Public Hearing - The City of Pueblo shall hold one or more public hearings to obtain the views of citizens on Community Development Block Grant and HOME programs. 2. (Draft) One Year Action Plan The City of Pueblo shall develop a document designed as its "One Year Action Plan for Community Development Block Grant and HOME Funds" listing objectives and projected use of funds. The "One Year Action Plan" shall consist of proposed projects and programs to fund for the next year Community Development Block and HOME Grant year. This document shall be published in such manner to afford affected citizens an opportunity to examine its content and to submit comments on the draft action plan and on the Community Development Block and HOME Grant performance of the City of Pueblo. 3. Final One Year Action Plan statement - Upon completion of steps 1 and 2 above, the City of Pueblo shall consider any comments and views received and may, if deemed appropriate, modify the draft One Year Action Plan statement. The City shall then prepare and make available to the public its "Final One Year Action Plan" with a list of objectives and projected use of funds. a. Notices In order to give adequate notice of the public heating, the City of Pueblo shall, within a reasonable time but not less than 10 days prior to city council public heating, publish a notice of the hearing in a newspaper of general circulation. To encourage public participation notices of quadrant meetings will also be published. Such notices shall indicate the date, time, place, and procedures of the hearing and topics to be considered. Announcements of these heatings will also be made available to all interested parties through City press releases. XIII. Bilingual Bilingual assistance shall be offered upon request at all public heating held at regular meetings of City Council. XIV. Contingency and Loan Option Activities 7 If the City of Pueblo sets aside more than 10% of CDBG funds in its One Year Action Plan for contingencies and/or local option activities, the citizen participation process shall be involved in the selection of such contingency or local option activities. Specifically, this means that the Citizens' Advisory Committee to the City Council will submit recommendations for these activities. 8