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HomeMy WebLinkAboutCDBG Amendment to Citizen Participation PlnCITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF AMENDED CITY OF PALM DESERT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CITIZEN PARTICIPATION PLAN SUBMITTED BY: FRANKIE RIDDLE, DIRECTOR OF SPECIAL PROGRAMS DATE: SEPTEMBER 13, 2007 CONTENT: CITIZEN PARTICIPATION PLAN RECOMMENDATION: By Minute Motion, approve the Amended City of Palm Desert Community Development Block Grant (CDBG) Citizen Participation Plan. DISCUSSION: The City of Palm Desert is currently in its fifth year of being a Direct Entitlement City for the Community Development Block Grant (CDBG) Program with the U.S. Department of Housing and Urban Development (HUD). Part of the City's responsibility as a Direct Entitlement City is to reprogram funds and approve new programs and projects throughout the year as changes occur. Staff has had to reprogram funds from various sub -recipients for various reasons, (e.g., organization was unable to expend funds in a timely manner, organization had to cancel agreement due to an unfortunate turn of events, organization requested to reallocate funds to an alternative project as approved project is unable to move forward, etc.). These occurrences leave unexpended funds, which the City must reprogram to qualifying organizations and projects. In 2006/2007 the City had to reprogram CDBG funds on several occasions. As a result, staff became aware of the need to amend the Citizens Participation Plan in order for the Program to function more efficiently. The recommended changes within the Plan are as follows: Item J - Definition of Substantial Change No. 3: Added wording, "unless reallocation to alternate project/program by organization already awarded funds." (Proposed clients to be served must remain the same and project type must remain the same (e.g., capital improvement vs. public service.)) Item J - Criteria to Determine Substantial Amendment No. 1: Added wording, "unless reallocation to the same organization but a different project/program." (Must comply with Substantial Change No. 3) STAFF REPORT- SEPTEMBER 13, 2007 APPROVAL OF AMENDED CITY OF PALM DESERT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CITIZEN PARTICIPATION PLAN The proposed changes are primarily clarification items that will allow staff to work more efficiently and timely with regard to implementing changes to the Community Development Block Grant (CDBG) Program. Staff recommends that City Council approve the Amended Citizen's Participation Plan as proposed. Submitted By: Frankie Ritite Director of Special Programs u r: /Sheila R. Gtfigan Approval: Carlos---/-L. Or a City Mana r ZITY COUNCIL CTION: APPROVED ✓. DENIED RECEIVED OTHER ACM of Community e/vices NEETIrG 'ATE 6f-/ -tom /• - AYES :'/ +►1 !� ��„ NOES: ABSENT: ABSTAIN: VERIFIED BY: hra )r±ginal on File wits City ClE �k+;0,.1� e ������r.����• •��� ��� �� �� �� �� 1 ��• •� � � : / � , : • " � ; a � ��:. ::., . �;' • � ���`r'.:'��✓�.<. m��:q t : p4,x� <,. - ., � � ��f��Y�� +�� � / ��, > _. • j �k�.�j� � � � �. • - ,,� : : � � = � �o • � �� � A� �_ :�.°��m� ti i • � _r, r • _ r '8`�-' �• • ��. �,� _ - ��(j •�� �� �'�,q �J�� �� �� TF� �� NO �� ���� �► � rj�j •��� ������������• � . , � . . , . . , � . . . � . . . - . . • . . • ii CITIZEN PARTICIPATION PLAN: In May of 2003 the City of Palm Desert adopted the Citizen Participation Plan to provide for community input into the process of the Communiry Development Block Grant (CDBG) Program. The City of Palm Desert encourages and solicits the participation of its residents and other local agencies/government in the process of identifying projects for funding by (CDBG) each year and to assist in the development of the Consolidated Plan and Action Plan as well as substantial changes that may occur to these Plans. This Plan also addresses notification and participation related to the City's Comprehensive Annual Performance Evaluation Report (CAPER), which is a year-end report of activities related to the City's performance pertaining to the CDBG Program. In order to ensure maximum participation in the development of the Plans, the City outlined the processes and notification requirements that the City must follow to notify the public and encourage public participation. A. LOCAL GOVERNMENT CONSULTATION: An important element of the Consolidated Plan process is in consultation with adjacent local governmental agencies. The City of Palm Desert has in the past, and will in the future, coordinate consultations with other governmental agencies in order to have a better understanding of the needs of the community. During the planning process of the Consolidated Plan, it was determined, through this outreach effort, that the City's community needs are consistent and similar with other agencies and that these needs will be met through implementation of each jurisdiction's planning efforts. B. FIVE-YEAR CONSOLIDATED PLAN AND ONE-YEAR ACTION PLAN: CONSOLIDATED PLAN: The Consolidated Plan shall consist of information required in 91.205 through 91.230 and shall include, in part, the following: 1. Description of lead agency responsible for overseeing the development of the Consolidated Plan and the significant aspects of the process by which it was developed; 2. Housing and Homeless Needs Assessment; 3. Other Special Needs 4. Lead-Based Paint Hazard 5. Housing Market Analysis 6. Strategic Plan 7. Non-housing Community Development Needs 8. Citizen Participation and Consultation process 9. Public comments. 2 ACTION PLAN: The Action Plan shall consist of the required elements required in Section 91.220 (24 CFR Part 91, et. AI) and shall include, in part, the following: 1. Summary of the Community Development Plan 2. Summary of last year's CDBG Program 3. Proposed amount of program funds available, including expected program income and revolving loan funds 4. List of eligible activities benefiting low and moderate-income persons 5. CDBG Anti-displacement Policy 6. Plan to assist persons and businesses actually displaced by CDBG activities 7. Use of any additional HUD funds received since adoption of the Action Plan, a summary of any substantial amendments, reallocation and use of CDBG funds not considered a substantial amendment, which occurred during the previous year but not included within the Action Plan 8. Descriptions of proposed programs and projects including specific clientele or area application (i.e., citywide or census tract and block), applicant name, funding amount, national objective, etc. 9. Any and all other information required to be provided within the Action Plan per HUD/CDBG Program Regulations C. COMPREHENSIVE ANNUAL PERFORMANCE EVALUATION REPORT (CAPER): The CAPER is an annual summary report required by HUD, which documents quantifiable progress related to CDBG goals, objectives, and activities including statistics on CDBG beneficiaries, funds expended, and program income. HUD uses this report to evaluate the Ciry's performance as it relates to implementing, monitoring, housing, impact and results of programs/projects funded, and meeting identified target areas. A Notice of Availability for Public Review and Comment will be published in a newspaper of general circulation (e.g., The Desert Sun). The CAPER will be made available for public review fifteen (15) days prior to its submission to HUD. D. AMENDMENT PROCESS: Substantial chanqes to the City's Consolidated Plan and Action Plan: All substantial amendments to the above plans will have a Notice of Public Hearing published ten (10) days in advance of the hearing in a newspaper of general circulation (e.g., The Desert Sun). The Notice will also state that the 30-day citizen participation/comment period has commenced or provide the future date of the public comment period. At the time of 3 publishing, the amendments will be available to the public for review. The Hearing will be held for the purpose of allowing the general public an opportunity to discuss the proposed substantial amendments. Staff will incorporate pubic input received orally and in writing into the staff report or separate document to City Council for review and consideration. The Council will review public input received and solicit public comments at its hearing. Council will either approve amendments or revise based on citizen input. The approved amendments with the date of Council action will be sent to the City's HUD representative along with a letter explaining the amendments signed by the City Manager. Substantial chanqes to the Citizens Participation Plan and Comprehensive Annual Performance Evaluation Report: All substantial amendments to the Citizens Participation Plan will have a Notice of Public Hearing (if necessary) published ten (10) days in advance of the hearing in a newspaper of general circulation (e.g., The Desert Sun). The Notice will also state that the 15-day citizen participation/comment period has commenced or provide the future date of the public comment period. At the time of publishing, the amendments will be available to the public for review. The Hearing will be held for the purpose of allowing the general public an opportunity to discuss the proposed substantial amendments. Staff will incorporate pubic input received orally and in writing into the staff report or separate document to City Council for review and consideration. The Council will review public input received and solicit public comments at its hearing. Council will either approve amendments or revise based on citizen input. The Comprehensive Annual Performance Evaluation Report (CAPER) will have a Notice of Availability for Public Review and Comment. The Notice will provide a 15-day Public Comment Period and published, at least, once in a newspaper of general circulation (e.g., The Desert Sun). The Notice will provide the commencement date of the comment period and the date, hours, and location(s) of where to obtain a copy of the CAPER. At the time of publishing, the CAPER will be available to the public for review. E. PUBLIC HEARINGS AND COMMUNITY MEETING: The City of Palm Desert uses public hearings to obtain citizen's views and to respond to proposals and questions at all stages of the program. A hearing is held at the beginning of each year and close to the end of the year. At the initial hearing before the City Council, the preliminary statement of housing and community needs (Needs Assessment), development of proposed activities is reviewed. Other hearings will address program performance, proposed activities, identified goals and objectives, etc. The City may also conduct a community meeting in between the public hearings to encourage public participation. A notice of each event is published in a newspaper of general circulation (e.g., The 4 Desert Sun). The Needs Assessment is also published and available for public review and comment. All hearings are duly noticed. Agendas, staff reports, and documents are available in advance. Public Hearings and meetings are hefd at City Hall, which is fully accessib(e to handicapped and equipped with a sound system to ensure that all members of the public can hear the proceedings. The City will provide citizens with advance notice of all meetings related to CDBG and will make available copies of all related materials for public review as soon as the notice is published. The Notice of Public Hearing will be published in a newspaper of general circulation (e.g., The Desert Sun) at least ten (10) days prior to the hearing date. The City Council Agenda listing the public hearing will be posted in the City's bulletin board at the Civic Center. Notices may also be posted in public places throughout the City, including City facilities, the Palm Desert Library, and county facilities located within the City. F. AVAILABILITY OF COMPLETED PLANS TO THE GENERAL PUBLIC: The City encourages all citizens to participate in the decision making process but particularly those low and moderate-income residents of older neighborhoods at which the program is targeted. In order to reach as many residents and community groups as possible, a copy of the Notice of Public Hearing (first), a copy of the Notice of Community Meeting (if held), and a copy of the City's Needs Assessment outline will be sent to community organizations, public entities, and individuals who have expressed an interest and/or participated in the CDBG program in past years. This process will bring attention to those interested of the development processes being undertaken each year. Interested parties are then able to request either verbally or in writing copies of the Plans and the CAPER as each are made available to the public. The City publishes notices of public comment periods and availability of materials upon completion. See Items B, C, and D above for details related to specific Plan availability. G. PUBLIC ACCESS TO RECORDS: Prior to adoption of CDBG related Plans, and thereafter, the City will make available to any resident, public agency, and interested parties adequate information concerning the process utilized in the development of the Plans, program availability, funding, documents, copies of Plans, etc. Information will be provided as soon as conveniently possible or in compliance with state and/or federal law. 5 H. TECHNICAL ASSISTANCE: The City shall provide technical assistance to individuals, groups, non- profits, and particularly those that represent low and moderate-income groups that request such assistance in developing proposals for funding assistance under the CDBG Program to such extent as determined by the City. The assistance does not require funding assistance, unless determined otherwise by the City. The City has designated one staff person to coordinate CDBG activities in the City, including answering questions and assisting individuals and local groups to participate in the program. This assistance will also be extended to the same groups with regard to implementation of the City's Consolidated Plan. I. PROCEDURES FOR COMPLAINTS AND GRIEVANCES: The City is committed to ensuring the satisfactory execution of each program/project as well as the overall implementation of the Consolidated Plan goals and objectives. Upon receipt of written complaints or grievances related to any aspect of the CDBG Program, Consolidated Plan, Action Plan, CAPER, and substantial amendments, the City shall respond within 15 working days, where practicable. If complaint is received via telephone, the City shall respond in kind within the specified time period. Written response will be in such detail as to address each issue and/or question noted in the complaint and contact information for filing purposes. A file of citizen comments on the CDBG program will be kept, and the information summarized for review by the City Council when making program decisions for the next year. J. DEFINITION OF SUBSTANTIAL CHANGE: Once Plans have been adopted by City Council, the goals, objectives, activities, proposed use of funding outlined within each Plan in relation to the CDBG Program and funding are set. During the course of program year changes in planned or actual activities may be initiated. HUD requires each CDBG grant recipient to develop and make public a definition of substantial change in accordance with 25 CFR 370.805. If changes are minor and do not alter the overall purpose, scope, location or beneficiaries of an activity as described in the Plan, no amendment process is necessary. However, if such changes fall within the following definition of substantial change, the amendment process outlined in Item D above must be followed. The City shall amend the Consolidated Plan and/or Action Plan when a substantial change occurs that impacts the following: 1. Change in allocation priorities or a change in method of distribution of funds. 6 2. To carry out an activity not previously described within an Action Plan in an amount more than $25,000. 3. Change in purpose, scope, location, or beneficiaries of an activity unless reallocation to alternate project/program by organization already awarded funds. (Proposed clients to be served must remain the same and project type must remain the same (e.g., capital improvement vs. public service.)) The following criteria will be used to determine if a substantial amendment exists: 1. Any project that is cancelled in an amount more than $25,000 unless reallocation to the same organization but a different project/ program. (Must comply with Substantial Change No. 3) 2. Requests from organization to reallocate funding from one program/project to an alternate program/project that benefits the same or similar beneficiaries 3. Any proposed program/project that provides services to clientele other than the original proposed clientele in an amount more than $25,000 4. Reprogramming of funds in an amount more than $25,000 (this does not include transfer of funds for the same program/project from one program year to the next) to an identified organization regardless of program/project rype 5. Any goals, program/project that meets a community need other than that identified in the Consolidated Plan 6. Any new program/project that meets a community need and is in an amount more than $25,000 Exceptions (Uraent Need): An "urgent needs" activity that qualifies under 570.208(c) of Title 24 may be undertaken if it has been included within the Action Plan and the City certifies that the activiry is designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available. K. ANTI-DISPLACEMENT POLICY/DISPLACEMENT PLAN: The City does not contemplate any activity that is likely to cause involuntary, permanent displacement of businesses or persons. However, if unforeseen circumstances arise that result in involuntary, permanent placement (relocation) as a direct result of a CDBG funded activity the City's displacement procedures will be implemented. The procedures are consistent with state and federal relocation and acquisition statutes. The Anti-displacement Policy shall be included in the Consolidated and Action Plans. 7 L. ELIGIBILITY: Project eligibility will be determined through the CDBG application review process. A CDBG application will be made available to qualifying non- profit agencies, qualifying public entities, and City departments. Completed applications will be reviewed for eligibility according to HUD regulations related to National Objectives, eligible activities, and identified goals and objectives stated within the Consolidated Plan. M. ACCESSIBILITY: All meetings are held in facilities, which are fully accessible to the handicapped including the hearing impaired. Meetings where it is likely that the attendees are non-English speaking, the City will provide an interpreter to ensure that residents can understand and participate in the proceedings. Hearing-impaired persons are provided with a hearing devise that amplifies the proceedings taking place. 8 NOTlCE OF PUBLIC HEARING TO AMEND THE CITY OF PALM DESERT'S COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN NOTICE IS HEREBY GIVEN THAT a public hearing will be held by the City of Palm Desert to receive public input and recommendations pursuant to the Housing and Community Development Act of 1974 as amended regarding the proposed Community Development Block Grant (CDBG) Citizen Participation Plan Amendment. The City will hold the public hearing on September 13, 2007, at 4:00 p.m. or thereabouts to accept public comment regarding the proposed amendments. The hearing will be held in the City Council Chambers located at 73-510 Fred Waring Drive. The City, as part of the CDBG Program will open the 30-day public comment period and conduct a public hearing in order to amend the Plan. The comment period will commence Monday, July 30, 2007 and end Friday, August 31, 2007. If desired, a copy of the Plan may be requested from the City of Palm Desert's Special Programs Department as of Monday, July 30, 2007, between the hours of 8:00 a.m. to 5:00 p.m. All interested agencies, groups, and persons wishing to comment on the Citizens Participation Plan are invited to do so by appearing at the above set public hearing or submit written comments to the address below prior to the public hearing. FRANKIE RIDDLE DIRECTOR OF SPECIAL PROGRAMS CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 Rachelle Klassen, City Clerk City of Palm Desert J u ly 24, 2007 Legal Notice - Public Hearing 09/13/07 CDBG Citizen Participation Plan Page 1 of 1 Martinez, Gloria From: Moeller, Charlene [CMOELLER@palmspri.gannett.com] Sent: Wednesday, July 25, 2007 10:25 AM .._. To: Martinez, Gloria Subject: RE: Legal Notice - Public Hearing 09/13/07 CDBG Citizen Participation Plan Ad recieved and will publish on date(s) requested. Charlene Moeller Public Notice Customer Service Rep. (760)778-4576,Fax{760)778-4731 D@S@t't$U11 legals@thedese►'tsun,com 8� Desert Post Weekly dpw�alsC�thedesertsun.com The Valley's#1 Source in News 8�Advertising! -----Original Message----- From: gmartinez@ci.palm-desert.ca.us [mailto:gmartinez@ci.palm-desert.ca.us] Sent: Wednesday, July 25, 2007 10:10 AM To: charlene.moeller@desertsun.com Cc: friddle@ci.palm-desert.ca.us; ahughes@ci.palm-desert.ca.us Subject: Legal Notice - Public Hearing 09/13/07 CDBG Citizen Participation Plan PLEASE PUBLISH THE FOLLOWING: NOTICE OF.PUBUC HEARING To Amend the City of Palm Desert's Community Development Block Grant Citizen Participation Plan ONE TIME IN THE DESERT SUN Monday, July 30, 2007 «PH 091307 -CDBG Ctzn Prtcptn Pln Amnd.doc» Thank you, Charlene!!!! rK. GCoria 9Kartinez 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 346-0611 Ext. 354 gmarfinez@ci.palm-desert.ca.us 7/2S/2007 NOTICE OF PUBLIC HEARING TO AMEND THE CITY OF PALM DESERT'S COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN --- NOTICE IS HEREBY GIVEN THAT a public hearing will be held by the City of Palm Desert to receive pubfic input and recommendations pursuant to the Housing and Community Development Act of 1974 as amended regarding the proposed Community Development Block Grant (CDBG) Citizen Participation Plan Amendment. The City will hold ther�j�ublic hearing on September 13, 2007��t 4:0���.m. or thereabouts to accept public comment regarding the proposed amendments. The hearing will be held in the City Council Chambers located at 73-510 Fred Waring Drive. The City, as part of the CDBG Program will open the 30-day public comment period and conduct a public hearing in order to amend the Plan. The comment period will commence Monday, July 30, 2007 and end Friday, August 31, 2007. If desired, a copy of the Plan may be requested from the City of Palm Desert's Special Programs Depa�tment as of Monday, July 30, 2007, between the hours of 8:00 a.m. to 5:00 p.m. All interested agencies, groups, and persons wishing to comment on the Citizens Participation Plan are invited to do so by appearing at the above set public hearing or submit written comments to the address below prior to the public hearing. FRANKIE RIDDLE DIRECTOR OF SPECIAL PROGRAMS CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Date: July 24, 2007