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City of San Bernardino
Request for Council Action
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Date: October 18, 2017
To: Honorable Mayor and City Council Members
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From: Andrea M. Miller, City Manager 80
By: Katherine Brann, Housing Manager
Diane Cotto, CDBG Coordinator c
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Subject: Housing and Urban Development Citizen Participation Plan
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Recommendation_ a
Open the Public Hearing, take any testimony, and continue the Public Hearing to N
November 1, 2017.
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Background =
The purpose of the Citizen Participation Plan (CPP) is to provide the method and
process by which the City of San Bernardino (City) consolidated and Assessment of Fair N
Housing (AFH) planning processes will comply with the citizen participation requirements
promulgated by the U.S. Department of Housing and Urban Development (HUD) 0
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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 24 Code of -
Federal Regulations (CFR) Part 91.105 (rev.3/14/2016).
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t The primary objectives of the CPP are to:
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• 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 a
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 Affirmatively Furthering 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.
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• 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
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It is the City's intent that all aspects of the City's citizen participation efforts shall be
conducted in an open manner with freedom of access to all interested parties, especially �.
low and very low-income persons and protected classes, those living in blighted areas,
and in areas where Community Development Block Grant (CDBG), Emergency Solution a
Grant (ESG) and HOME Investment Partnerships Program (HOME) funds are proposed
to be used, r
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The City's CPP was last amended in 2010. Given the changes in the City's
organizational structure and federal regulations, it is necessary to update the CPP to T
reflect how the City intends to meet the citizen participation requirements noted in the
federal requirements (24 CFR 91.105).
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Fiscal Impact °
There is no fiscal impact to the General Fund.
Conclusion c
One of the main objectives of the citizen participation and consultation requirements is to z
ensure that input from a wide range of providers, citizens, advocacy groups, public and
private agencies and community leaders is incorporated into both the development and E
implementation of the Consolidated and Assessment of Fair Housing Plans. A
Consolidated or Assessment of Fair Housing Plan which has received "buy-in" from the a
community during its formulation is more likely to be successful.
Attachments
Attachment 1 — Draft HUD Citizen Participation Plan
Ward: Citywide
Synopsis of Previous Council Actions:
April 6,2015-Resolution of the Mayor and Common Council of the City of San Bernardino
Approving the 2015-2020 Consolidated Plan and 2015-2016 Action Plan for Federal Community
Development Block Grant(CDBG),Home Investment Partnership(HOME)Interagency Agreement,
Neighborhood Stabilization Program(NSP), Emergency Solutions Grant(ESG) Entitlement Grant
Programs and Approving Substantial Amendment#5 to the 2014-2015 Action Plan.(RES.2015-70) i
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CITIZEN
PARTICIPATION PLAN
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ASSESSMENT OF FAIR HOUSING PLAN
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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. 2
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Policy Statement v
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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 N
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 o
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 N
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 a
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 o
programs that the City may apply for and their expected amount of assistance to be
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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. r
Development of the Consolidated Plan a
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
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City will comply with the requirements ofthe 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.uso. Additionally, the entire proposed plan will be made available for
review at the following locations: a
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• City Information Center
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■ Office of the Clerk
■ Norman F. Feldheym Central Library
Community Development Department N
1 Economic and Housing Development Department ._
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A reasonable number of free copies will be available at the Economic and Housing
Development Department.
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During the development of the Consolidated Plan (and annual updates) there will be at a
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 o
'i submission of the Consolidated Plan to HUD. _
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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 E
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 a
comments, and an explanation of public comments not accepted, including the reasons
why these comments were not accepted
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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 applicablel 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.
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• 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 o
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. a
• Provide a process through which citizens may participate in the monitoring and a
evaluation of community development and housing activities.
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• Provide a process whereby citizens may comment with respect to any aspect of 0
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.
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Standards of Participation a
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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 x
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 E
minority groups, the elderly, the disabled, the business community, civic groups and the
community at large. a
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.
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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 a
development and housing activities and the range of activities that may be taken o
including the amount that will benefit the persons of low and very low income and a
protected classes;
Applicable regulations and guidelines governing all aspects of the programs;
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Prior applications, final statements and amendments, grant agreements, grantee
performance reports, citizen participation plan and any other reports required by the
HUD; s
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Documents regarding other important program requirements such as contracting N
procedures, environmental policies, fair housing and other equal opportunity Ln
requirements and relocation provisions;
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Mailings, notices and any other promotional materials;
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Minutes of meetings and hearings; _
Any other document the City believes is necessary to the consolidated planning and
AFH processes.
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The summary of the proposed Consolidated Plan and AFH will be published in one or a
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
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amendments to the Plan. A summa of comments regarding the proposed
a summary 9 9 p p
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;
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The annual One Year Action Plan; o
The Consolidated Annual Performance Evaluation Report (CAPER), including the
CDBG Grantee Performance Report and the HOME Annual Performance Report; t
Subsequent amendments and other changes initiated by the HUD or other federal
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agency. N
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Outreach o
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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 N
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 a
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 o
more newspapers of general circulation.
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Annual technical assistance workshops will be held in order to assist with the d
development of proposals for grant funding. Letters of invitation to attend the public r
hearing will be sent to community service organizations, business organizations,
Chamber of Commerce, religious organizations and any other applicable groups and a
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.
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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 n.
program year for the Consolidated Plan/Action Plan (24 CFR 91.105 Public Hearings) to 0
obtain resident's views and responds to proposals and questions. These meetings must a
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. N
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 x
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.
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The City Council shall conduct a public hearing for each substantial amendment to the V
Consolidated Plan or revision of the AFH. c
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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 a
Time of hearing
Place of hearing
Topic to be considered
Basic information about the program
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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:
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• City Information Center
■ Office of the Clerk .2-
Norman F. Feldheym Central Library
■ Community Development Department
• Economic and Housing Development Department N
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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 N
and make the plan (or amendment) available in an appropriate format.
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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 c
the following decisions: _
To make a change in its priorities or a change in the method of distribution of funds
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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 a
HUD specifying a material change that requires the revision (24 CFR 5.164).
To cavy 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 50% 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
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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.
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