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HomeMy WebLinkAbout2017-2391 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-239 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR (FY) 2015-2019 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSOLIDATED PLAN'S CITIZEN PARTICIPATION PLAN AND DISSOLUTION OF THE COMMUNITY DEVELOPMENT CITIZEN ADVISORY BOARD. WHEREAS, the City of San Bernardino participates in the United States Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs; and WHEREAS, to receive CDBG, HOME and ESG funds, the City must produce an Annual Action Plan that describes the City's planned investments for the coming year, including projected actions for the proposed CDBG, HOME, and ESG projects; and WHEREAS, the purpose of the Citizen Participation Plan (CPP) is to provide the method and process by which the City of San Bernardino's (City's) Consolidated Plan and Assessment of Fair Housing (AFFH) planning processes will comply with the citizen participation requirements; and WHEREAS, the primary objectives of the CPP are to: • Ensure that citizens are informed of the amount of funds (including anticipated program income, as applicable) available under the Consolidated Plan (to include Section 108 Guaranteed Loan Funds, when applicable), the range of activities that may be undertaken, as well as the various program requirements. • Provide citizens with adequate opportunities to participate in the development of the Consolidated Plan and any required changes, revisions or amendments to the plan. • Provide citizens with adequate opportunities to participate in the development of the AFFH plan and any required changes, revisions or amendments to the plan. • Provide technical assistance to citizens in developing specific proposals for funding consideration. • Provide an ongoing process for citizens likely to be affected by program activities to articulate need, express preferences about proposed activities, assist in selecting priorities, and participate in the overall development of the Consolidated Plan and the AFFH. 1 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Provide a process through which citizens may participate in the monitoring and evaluation of community development and housing activities. • Provide a process whereby citizens may comment with respect to any aspect of the City's housing and community development performance and be assured that written comments will be considered and responded to in accordance with federal regulations; and WHEREAS, the City's CPP was last amended in 2010; and WHEREAS, given the changes in the City's organizational structure and the federal regulations, it is necessary to update the CPP to reflect how the City intends to meet the citizen participation requirements noted in the federal requirements (24 CFR 91.105); and WHEREAS, the Community Development Citizen Advisory Committee was established under the former Redevelopment Agency as part of the citizen participation requirement in the Consolidated Plan, WHEREAS, the proposed amendment to the 2015-19 CPP/AFFH does not include a Community Development Citizen Advisory Committee; and WHEREAS, revisions to the Citizen Participation Plan include changes made to the organizational structure, process for implementing amendments to the planning documents, and incorporates new federal requirements for the preparation of the Assessment to Fair Housing, as further explained in the attached Citizen Participation Plan (Attachment 2); and WHEREAS, pursuant to Section 15378 of the State of California Environmental Quality Act (CEQA) the proposed 2017-2018 Action Plan is considered a planning document and is not and are therefore, exempt from the requirements of CEQA; and WHEREAS, the proposed 2017-2018 Action Plan is subject to the provisions of the National Environmental Protection Act (NEPA) of which any and all projects funded shall comply. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Citizen Participation Plan attached hereto as Exhibit "A" outlining the method and process by which the City of San Bernardino (City) consolidated and Affirmatively Furthering Fair Housing (AFFH) planning processes will comply with the citizen participation requirements is hereby adopted. SECTION 2. The Community Development Citizen Advisory Committee is hereby dissolved. 2 1, 2 3 4 5 6 7 8, 9'' 10''. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. The Mayor and City Council do hereby authorize the City Manager or her designee to be the official representative of the City of San Bernardino to submit the amended Citizen Participation Plan to HUD. SECTION 4. This Resolution shall take effect upon adoption. The City Clerk shall certify to the adoption of this Resolution. 111 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR (FY) 2015-2019 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CONSOLIDATED PLAN'S CITIZEN PARTICIPATION PLAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 6th day of December 2017, by the following vote, to wit: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS x x X(M) xs x x ABSTAIN ABSENT Georgearid Hanna, C , City Clerk The foregoing Resolution is hereby approved this 6h day of December 2017. R. Carey Da s, Mayor City of SaniBernardino Approved as to form: Gary D. Saenz, City Attorney B 4 � o v � CITIZEN PA R TI CIPA TION PLAN AND ASSESSMENT OF FAIR HOUSING PLAN Draft September 25, 2017 CITIZEN PARTICIPATION PLAN AND ASSESSMENT OF FAIR HOUSING PLAN Introduction Federal regulations require that recipients of the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG), programs follow a Citizen Participation Plan in order to receive continued federal funding. To satisfy the federal requirements for receipt of CDBG and HOME funds, the City of San Bernardino certifies that it will adhere to the following Citizen Participation Plan in providing for and encouraging public participation in the development and administration of its CDBG and HOME programs as well as development of the Assessment of Fair Housing (AFH)Plan. Policy Statement The purpose of the Citizen Participation Plan is to provide the method and process by which the City of San Bernardino (City) consolidated planning and AFH processes will comply with the citizen participation requirements promulgated by the U.S. Department of Housing and Urban Development (HUD) pursuant to Section 104(a)(3) of the Housing and Community Development Act of 1974, as amended, and as further augmented by program regulations under 24CFR Part 91.105 (rev.3/14/2016). Through implementation of this Citizen Participation Plan, citizens will be afforded the maximum feasible opportunity to provide input on housing and community development needs, issues and problems affecting very -low and low income persons; to learn about the Community Development Block Grant Program (CDBG), Emergency Solutions Grant (ESG) Program, HOME Investment Partnerships (HOME) Program, Section 108 Guaranteed Loan Funds, to provide input into the AFH and any other applicable programs that the City may apply for and their expected amount of assistance to be received from each to develop local project proposals; to provide input to project selections and funding distributions; and to participate in the implementation of funded activities. Development of the Consolidated Plan Before the Consolidated Plan (and annual updates) is adopted by the City Council and submitted to HUD, the City will make the plan available to citizens, public agencies, neighboring jurisdictions, and other interested parties for review, and will also establish a means by which these parties can submit comments. Information made accessible to the public will include the amount of CPD grant funds the City expects to receive (including program income), the range of activities to be undertaken, and the anticipated number of low- and moderate -income persons to benefit from funded activities. Information will also include the steps the City will take to eliminate the need for displacement of persons. If displacement will occur due to any planned actions, the September 25, 2017 City will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (and implementing regulations in 49 CFR part 24). The City will publish its proposed Consolidated Plan (and annual updates) so that all affected residents will have sufficient opportunity to review and comment on the plan. A summary describing the contents and purpose of the Consolidated Plan will be published in one or more newspapers of general circulation. To the extent feasible, the draft document will be posted on the City's website (http://www.ci.san- bernardino.ca.us/). Additionally, the entire proposed plan will be made available for review at the following locations: ■ City Information Center = Office of the Clerk ■ Norman F. Feldheym Central Library ■ Community Development Department ■ Economic and Housing Development Department A reasonable number of free copies will be available at the Economic and Housing Development Department. During the development of the Consolidated Plan (and annual updates) there will be at least one public hearing to obtain comments from persons affected by the use of CPD funds, other community stakeholders, and interested parties. Additionally, as required by program regulations, there will be a 30 -day public comment period prior to the submission of the Consolidated Plan to HUD. The City will consider all comments received from residents, public agencies and other interested parties as it prepares the final Consolidated Plan (and annual updates). A summary of public comments will be included with the final submission. The summary of public comments will include a synopsis of the City's response to written public comments, and an explanation of public comments not accepted, including the reasons why these comments were not accepted Primary Objectives A summary of the primary objectives of the Participation Plan is provided below: • Ensure that citizens are informed of the amount of funds (including anticipated program income, as applicable) available under the Consolidated Plan (to include Section 108 Guaranteed Loan Funds, when applicable), the range of activities that may be undertaken, as well as the various program requirements. 2 October 12, 2017 • Provide citizens with adequate opportunities to participate in the development of the Consolidated Plan and any required changes, revisions or amendments to the plan. • Provide citizens with adequate opportunities to participate in the development of the Assessment of Fair Housing Plan and any required changes, revisions or amendments to the plan. • Provide technical assistance to citizens in developing specific proposals for funding consideration. • Provide an ongoing process for citizens likely to be affected by program activities to articulate need, express preferences about proposed activities, assist in selecting priorities, and participate in the overall development of the Consolidated Plan and the AFH. • Provide a process through which citizens may participate in the monitoring and evaluation of community development and housing activities. • Provide a process whereby citizens may comment with respect to any aspect of the City's housing and community development performance and be assured that written comments will be considered and responded to in accordance with federal regulations. Standards of Participation All aspects of the City's citizen participation efforts shall be conducted in an open manner with freedom of access. to all interested parties. The City encourages the involvement of all groups including low and very low-income persons and protected classes, those living in blighted areas, and in areas where CDBG and HOME funds are proposed to be used. These standards of participation extend to non-English speaking persons, as well as persons with mobility, visual or hearing impairments, members of minority groups, the elderly, the disabled, the business community, civic groups and the community at large. This plan is not intended to exclude any individual citizen input, but rather to enhance citizen participation in this process. All citizens of the City are encouraged to participate in every public meeting and to contact the Housing and Economic Development Department with any questions concerning the process and the programs pertaining to the Consolidated Plan and AFH including the CDBG, ESG and HOME ) Programs or any other applicable future programs that are funded by HUD. 3 September 25, 2017 Technical Assistance To help facilitate citizen input, the City will provide technical assistance through its staff to groups representative of low, very low, extremely low income residents and protected classes which may require such assistance in developing proposals for federal funding as required by federal regulations. Technical assistance may be provided by telephone, meetings, U.S. mail, and workshops throughout the year. Public Information In order for citizens to become informed and involved in the Consolidated Plan and AFH processes, the City will make available all relevant information, including the following: Material concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be taken including the amount that will benefit the persons of low and very low income and protected classes; Applicable regulations and guidelines governing all aspects of the programs; Prior applications, final statements and amendments, grant agreements, grantee performance reports, citizen participation plan and any other reports required by the HUD; Documents regarding other important program requirements such as contracting procedures, environmental policies, fair housing and other equal opportunity requirements and relocation provisions; Mailings, notices and any other promotional materials; Minutes of meetings and hearings; Any other document the City believes is necessary to the consolidated planning and AFH processes. The summary of the proposed Consolidated Plan and AFH will be published in one or more newspapers of general circulation. The summary will provide the contents and the purpose of the Consolidated Plan and AFH and a list of locations where copies of the entire plans may be examined. Copies of the entire proposed plans will be available to the public at the City Information Center, Office of the City Clerk, Norman F. Feldheym Central Library, Community Development Department, Economic and Housing Development Department and on the City's website. A period of not less than thirty (30) days will be provided to receive comments from citizens on the draft Consolidated Plan and AFH, as well as any substantial 4 September 25, 2017 amendments to the Plan. A summary of comments regarding the proposed Consolidated Plan or AFH will be attached to the final Consolidated Plan or AFH. Scope of Public Participation in CDBG, ESG and HOME Programs The City will provide for continuity of citizen participation throughout all stages of the application and administrative tasks of the CDBG, ESG, and HOME Programs. Citizen involvement will be encouraged through the reasonable and timely access to local meetings, information and records relating to the following areas: The Assessment of Fair Housing Plan: The combined Housing Element/Consolidated Plan and needs analyses; The annual One Year Action Plan; The Consolidated Annual Performance Evaluation Report (CAPER), including the CDBG Grantee Performance Report and the HOME Annual Performance Report; Subsequent amendments and other changes initiated by the HUD or other federal agency. Outreach The City will endeavor to achieve its level of public participation by organizations and the community through actively soliciting participation by these groups. When preparing the Consolidated Plan and AFH, the City shall consult with other public and private agencies and jurisdictions that provide assisted housing, health services and social services during the preparation of the plans. One or more display ads/press releases/public notices designed to encourage citizens to participate and provide input into the development of the Consolidated Plan and AFH will be published in one (1) or more newspapers of general circulation. Annual technical assistance workshops will be held in order to assist with the development of proposals for grant funding. Letters of invitation to attend the public hearing will be sent to community service organizations, business organizations, Chamber of Commerce, religious organizations and any other applicable groups and affected parties showing an interest in the Consolidated Plan and AFH. Complaints The City will make every reasonable effort to provide written responses to complaints within fifteen (15) working days. A copy of each written citizen comment or complaint regarding the Consolidated Plan and AFH along with the City's assessment of the comment or complaint and a description of any action taken or written response made will be kept on file as a matter of public record. 5 September 25, 2017 Public Meetings and Public Hearings The City will conduct public meetings and public hearings during various phases of the Consolidated Plan/Action Plan and AFH processes. All public meetings and public hearings shall be open to the public. Meetings will be held at times and at locations in the City that are convenient and acceptable to potential and actual beneficiaries. Special accommodations shall be made for persons with disabilities upon advance notice and as necessary. In cases where a significant number of non-English speaking residents are reasonably expected to participate, an interpreter will be provided by the City upon advance notice and as necessary. The City Council shall conduct a minimum of two (2) public hearings during the fiscal program year for the Consolidated Plan/Action Plan (24 CFR 91.105 Public Hearings) to obtain resident's views and responds to proposals and questions. These meetings must be conducted at a minimum of two different stages of the program year. Together the hearings must address housing and community development needs, development of proposed activities, proposed strategies and actions for Assessment of Fair Housing consistent with the AFH and a review of program performance. The City Council shall conduct a minimum of one (1) public hearing during the development of the AFH for the purpose of receiving community input regarding the proposed AFH. Prior to the public hearing, outreach meetings will be held with public agencies, stakeholders and the community to receive input regarding local and regional fair housing issues, their contributing factors and to develop goals to address these issues. The City Council shall conduct a public hearing for each substantial amendment to the Consolidated Plan or revision of the AFH. Prior to each public hearing, a legal notice shall be published in one (1) or more newspapers of general circulation within a reasonable time frame. The legal notice shall contain the following information: Date of hearing Time of hearing Place of hearing Topic to be considered Basic information about the program September 25, 2017 Citizen Comments on the Development of the Citizen Participation plan and Amendments San Bernardino residents will be provided an opportunity to review and comment on draft versions of the Citizen Participation Plan and any subsequent amendments to the Citizen Participation Plan. The review/comment period shall be for no less than 30 days prior to the submission of the document to HUD. The Citizen Participation Plan and amendments (if applicable) will be available to the public for review at the following locations: ■ City Information Center ■ Office of the Clerk ■ Norman F. Feldheym Central Library ■ Community Development Department ■ Economic and Housing Development Department These locations are accessible to persons with physical disabilities; however, if a disability would further limit a person's ability to review the plan at one of the listed locations, upon request, the City will attempt to make a reasonable accommodation and make the plan (or amendment) available in an appropriate format. Criteria for Substantial Amendments to the Consolidated Plan and AFH The City will substantially amend its approved Plan or AFH whenever it makes any of the following decisions: To make a change in its priorities or a change in the method of distribution of funds To revise an accepted AFH: due to a change in circumstances that affects the AFH to the extent that it no longer reflects actual circumstances; due to written notification by HUD specifying a material change that requires the revision (24 CFR 5.164). To carry out a new activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan. To substantially change the purpose, scope, location, or beneficiaries of an activity (Any activity whose funding allocation is increased by more than 30% will constitute a substantial amendment. Minor changes in scope and location which do not alter the intent of the previously approved project will not require a substantial amendment. For example, transfer of funds within a line item budget for a single activity may be 7 September 25, 2017 administratively approved by the City Manager, Director of Economic and Housing Development, or designee, as long as the purpose and intent of the project is being met. For example, a capital improvement project, such as a street improvement project in a low-income eligible target area, may potentially broaden its scope by adding or extending additional street improvements within the same general location due to unforeseen circumstances.) Any substantial changes to the Consolidated Plan or AFH are subject to the citizen participation process as described in the Citizen Participation Plan. R