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HomeMy WebLinkAboutPD-Draft CPP-CDBG FY24-25 Amended CITY OF PALM DESERT DRAFT AMENDMENT CDBG Citizen Participation Plan City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260 CITIZEN PARTICIPATION PLAN INTRODUCTION: In May of 2003 the City of Palm Desert became an entitlement recipient of the Community Development Block Grant (CDBG) Program under Title 1 of the Housing and Community Development Act of 1974 (as amended). Palm Desert's Citizen Participation Plan (CPP) was prepared in accordance with section 104(a) 3 and has been amended as required for the Consolidated Plan in compliance with CFR Part 91, Section 105. Additionally, it incorporates 24 CFR Part 5 Affirmative Furthering Fair Housing in conformance with the HUD memo released March 14, 2016. The purpose of the CPP is to outline the procedures for citizen participation in the development and implementation of the City's Five-Year Consolidated Plan, Annual Action Plans, Affirmatively Furthering Fair Housing (AFFH)/Assessment of Fair Housing (AFH), and Consolidated Annual Performance Reports (CAPER), as well as any and all substantial amendments to the Plans and AFFH/AFH. This amended Citizens Participation Plan will supersede any Plan(s) the City previously adopted in order to comply with U.S. Housing and Urban Development (HUD) Guidelines. POLICIES AND PROCEDURES: The City of Palm Desert will provide the opportunity for the public to participate in the following planning evolutions: 1. Developing the 5- Year Consolidated Plan, Affirmatively Furthering Fair Housing Plan (AFFH)/Assessment of Fair Housing (AFH), and One Year Annual Action Plan; 2. Substantially amending Annual and/or Consolidated Plans; and 3. CAPER Through the CPP, the City will invite participation by all citizens and interested parties in the development, feedback, and input in the plans and processes identified. DEVELOPMENT OF THE AFFH/AFH AND CONSOLIDATED PLANS: The requirements of the Citizen Participation Plan are designed to specifically encourage participation by low- and moderate-income persons, particularly those living in areas designated by the City as a revitalization area, slum and blight area, or areas where CDBG funds are proposed to be used as well as by residents of predominately low- and moderate income neighborhoods. Under this Plan, the City will take appropriate action to encourage the participation of all its citizens, including minorities, non-English speaking persons, and persons with disabilities. In addition to soliciting participation from citizens, the City of Palm Desert will encourage participation from local and regional institutions, public housing authorities (PHA's), the Continuum of Care (CoC), and other organizations (including businesses, developers, non-profit and philanthropic organizations, and community and faith-based organizations) in the process of developing the Assessment of Fair Housing (AFH) and the Consolidated Plan. In conjunction with consultation with local public housing agencies, the City will also encourage participation from public and assisted housing development, such as resident advisory boards, resident councils, and resident management corporations in the procession of developing and implementing the AFH and the Consolidated Plan. At least 30 days prior to adopting an Assessment of Fair Housing, Consolidated Plan, or Annual Action Plan, the City will make available to citizens, public agencies, and additional interested parties a draft of these documents. The draft plan will include information on the amount of assistance the City expects to receive from HUD. It will also include explanations of each program that the City plans to apply for, and the estimated amount of such funds benefiting low and moderate income persons. At least 15 days prior to adopting the CAPER, the City will make available to citizens, public agencies, and other interested parties a draft of the report. The City will provide citizens, public agencies and other interested parties an opportunity to review and comment on the draft AFH, draft Consolidated Plan, or draft Action Plan through the following actions: The City will publish a Legal Notice in a daily newspaper of general circulation such as the Desert Sun, summarizing the draft AFH, Consolidated Plan, or Action Plan. The Notice will include a description and location(s) where a copy of the draft plans may be obtained. The notice will also specify the deadline and location for comment submission. Draft plans will be available on the City's website: www.cityofpalmdesert.org. The documents will be posted on the web site in a format available for citizens to examine or download. Citizens will be provided with a 30 day period to comment on the plan, and will be able to return comments by email to: itenorio@cityofpalmdesert.org or by mail to 73-510 Fred Waring Dr., Palm Desert, CA 92260 The City will consider any comments or opinions of citizens received in writing, by email at itenorio@cityofpalmdesert.org, or orally at the public hearings, while preparing the final AFH, Consolidated Plan, or Action Plan. A summary of both the accepted and rejected comments and opinions will be attached to the AFH, Consolidated Plan, or Action Plan submitted to HUD. The summary of received comments or opinions will also include the City's explanation for why certain submissions were not included. ANNUAL PROCEDURES AND PROCESS FOR AFFH/AFH, CONSOLIDATED PLAN, ACTION PLAN, AND CAPER: A. CONSULTATIONS AND CITIZEN PARTICIPATION: Consultation: Consultation with local and regional agencies is an important element in the process of AFFH/AFH, Consolidated Plan, Action Plan, and CAPER development or amendment. These consultations help to determine areas of need, or gaps in services provided by local governmental agencies (including health services, social services, CoC, public housing agencies, Fair Housing, Agency) and local private service providers. Input on housing, services to the frail/elderly, persons with disabilities (including HIV/AIDS), substance abuse, homelessness, and/or individuals with low to moderate income is obtained through these consultations, which may include scheduled meetings, phone interviews, invitations to public meetings, written communications, and surveys as deemed appropriate. Surveys: The City may utilize surveys to collect additional input from residents or agencies providing services that benefit our citizens in the community. Encouragement of citizen participation: The City will encourage participation from local and regional institutions, public housing authorities (PHA's), the Continuum of Care, and other organizations (including businesses, developers, non-profit and philanthropic organizations, and community and faith-based organizations) in the process of developing the Assessment of Fair Housing (AFH) and the Consolidated Plan, through such means as community meetings, public hearings, surveys, press releases, etc. Press Releases: Press releases are issued to provide notification of public meetings, availability of documents, public comment periods, Substantial Amendments and Notices of Fund Availability. Press releases may be distributed to local community agencies and press, including but not limited to the following: o Chamber of Commerce o Radio Stations o Local TV Stations o Local Newspaper o City Website: Notices and draft documents are also posted on the City's website at http://www.cityofpalmdesert.org/departments/special- programs/community development-block:9rant-cdbq Direct Email: The City maintains an email distribution list of agencies serving low and moderate income persons, residents requesting CDBG information, and other interested parties. The list is used to distribute notification of CDBG activity including but not limited to the following: Community Meeting Notices, Public Hearings, Fund Availability Notices, and Public Comment Periods. Anyone wishing to receive email notifications can email: itenorio@cityofpalmdesert.org or call (760) 346-0611. Participants shall provide the email address they wish to receive such notices at, and their name(s). If affiliated with an agency please provide the agency name, title, and phone number. B. PUBLIC HEARINGS AND COMMUNITY MEETING FOR AFFH/AFH, CONSOLIDATED PLAN, AND ACTION PLAN: The City of Palm Desert uses public hearings to obtain citizens views, and to respond to proposals and questions at all stages of the program. A public hearing kicks off the CDBG Program year annually in December, and at close of the development process in May of each year. At the initial hearing before the City Council, the preliminary statement of housing and community needs (Needs Assessment) and development of proposed activities is reviewed. The final hearing will address program performance, proposed activities, identified goals and objectives, housing related impacts, special needs, gaps, barriers, etc., depending on the Plan Type being considered for approval. 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 Desert Sun). All hearings are duly noticed, and agendas, staff reports, and documents are available in advance. Public Hearings and meetings are held at City Hall, which is fully accessible to the 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; however, public comment period is still 30 days. 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. C. SUBSTANTIAL AMENDMENT PROCESS: Substantial changes to the City's Consolidated Plan, Action Plan, and AFFH/AFH will require the following: 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 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 public 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 changes 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 public 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 will be 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. ANNUAL INFORMATION TO BE MADE AVAILABLE: Five-Year Consolidated Plan: Identifies housing and community development priority needs within the jurisdiction. It also identifies the funding and activities required to address priority needs over a five-year period. Annual Action Plan/One-Year Action Plan: Identifies the housing and community development funding and activities that the City anticipates being available during each of the program years covered by the Five-Year Consolidated Plan. The Annual Plan also serves as the consolidated application for the CDBG federal entitlement program. Consolidated Annual Performance Evaluation Report: Provides the public with the means to gauge the progress of each activity listed in an Annual Action Plan. This document is prepared at the end of each program year covered by a Five-Year Consolidated Plan. Assessment of Fair Housing: As of 3/2016, replaces the Analysis of Impediments to Fair Housing Choice (Al). Assessment is done by the Barnstable County HOME program as the lead entity for the Consortium in which the Town of Barnstable is a participating jurisdiction. The purpose of the AFH is to identify fair housing issues and related contributing factors, and result in prioritizing and setting of goals for the upcoming planning period. The County submits one AFH to HUD to cover the jurisdictions that make up the consortium. Per 24 CFR 91.105 the following information will be made available on an annual basis: 1. The HUD-provided data and any other supplemental information the jurisdiction plans to incorporate into the AFH will be made available to residents, public agencies, and other interested parties, 2. The amount of assistance the Town of Barnstable expects to receive, 3. The range of activities that may be undertaken with such funds, and 4. The amount of funds proposed to be used for activities and the estimated benefit to low and moderate income persons, and 5. The amount of assistance may be estimated if HUD has not announced the formula allocation at the time of publication. Should the actual allocation exceed the amount estimated the activity budgets for program administration shall be increased to 20% of the actual allocation amount, public service activities may be increased up to 15% of the actual amount received. Other eligible activities may also be increased to match funds available. If the actual falls short of the estimates, the program administration and public service budgets will be reduced so as not to exceed 20% and 15% respectively. Other activities will be reduced to match the actual amount received. GENERAL INFORMATION: A. 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 is 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. B. 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. C. 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. D. 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. Substantial Amendments From time to time, it may be necessary for the City to process a “substantial amendment” to the Five Year Consolidated Plan or the One Year Action Plans to allow for new CDBG activities; modification of existing activities; the acceptance and use of supplemental CPD funding under the CARES Act, or other CPD program administrative actions. Any proposed amendment that is considered a “substantial amendment” is subject to the Citizen Participation process and requires formal action by the City Council and approval by HUD. A thirty (30) day public notice is published to provide the opportunity for the public to review and comment on the proposed substantial amendments. The City will consider all comments or views received from the public concerning proposed substantial amendments in accordance with 24 CFR 91.105 (c)(3). A summary of these comments and views, including comments or views not accepted (and the reason why), shall be attached to the substantial amendment. The City of Palm Desert is required by HUD [24 CFR 91.505 (b)] to identify the criteria to be used in determining if a proposed action will be considered a Substantial Amendment. The following criteria will be used by the City – if any one criterion applies, a substantial amendment will be required: 1. A new activity not previously listed and described in the Consolidated Plan/One-Year Action Plan; 2. When a proposal is made to amend the description of an existing activity in such a way that the newly described purpose, scope, location, or beneficiaries differ significantly from the original activity’s purpose, scope, location, or beneficiaries, or 3. An increase in the amount of CPD funds allocated to an existing activity when the following apply: a. an increase in funding for a single CDBG activity in an amount greater than $150,000; 4. The City shall amend the Assessment of Fair Housing when a substantial change occurs as described in 24 CFR 5.164. In an effort to efficiently utilize the City’s CDBG funding, the City will consider the reprogramming of unspent CDBG balances from completed and canceled CDBG funded activities to other eligible activities. In the event that any of these “administrative” reprogramming actions fall under the “substantial amendment” criteria, the proposed actions are subject to the Citizen Participation process and require formal action by the City Council and approval by HUD. The City will maintain and provide for public review a Reprogramming Action File that provides details for every reprogramming action (formal and administrative) taking place during the program year. The City will submit Substantial Amendments to HUD on an annual basis including all pertinent documentation. Administrative reprogramming actions are not formally noticed to the public, nor submitted to HUD. However, documentation describing general changes and/or identifying specific changes will be included in the annual Consolidated Annual Performance and Evaluation Report (CAPER), which is made available to the public. Exceptions (Urgent 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 activity 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. E. 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. F. 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. G. ACCESSIBILITY: All meetings are held in facilities, which are fully accessible to the handicapped including the hearing impaired. For meetings where it is likely that the attendees are non-English speaking, the City will provide an interpreter upon at least ten days prior notice to scheduled hearing 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.