HomeMy WebLinkAbout1989-08-22; City Council; 10219; Community Development Block Grant Relocation Plan, Citizen Participation Plan and Administrative Policies and Proceduresi
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CC' OF CARLSBAD - AGENL . BILL 1'9 J
AB# 16-19 TITLE::
MTG. §'122162 COMMUNITY DEVELOPMENT BLOCK GRANT
RELOCATION PLAN, CITIZEN PARTICIPATIO
DEPT. RED PLAN AND ADMINISTRATIVE POLICIES AND
RECOMMENDED ACTION:
S
DEPT. H
CITY ATTY _
CITY MGR.-
If City Council concurs, your action is to adopt Resolution
No.SJ:: 0 , approving the Community Development Block Grant
Relocation Assistance Plan, the Citizen Participation Plan and
the Administrative Policies and Procedures.
:y t.y' W-un-OTOM
The City of Carlsbad is a grantee in the Community Development
Block Grant Program (CDBG) under the Housing and Community
Development Act of 1974. The program is administered by the U.S.
Department of Housing and Urban Development (HUD). Under the
program administration guidelines of HUD the following plans must
be developed for CDBG program administration in the City of
Carlsbad:
1. A Relocation Assistance Plan to assist with replacement
housing in case the City demolishes low/moderate income
housing as a result of activities under the CDBG program.
The proposed plan quotes required HUD language.
2. A Citizen Participation Plan which outlines HUD required
public hearing procedures as well as public meetings the
City has chosen to hold. Technical assistance, a complaint
procedure, and public publication procedures are also
outlined.
3. The Administrative Policies and Procedures outline steps to
administer the CDBG program including solicitation of
proposals, review of proposals including selection criteria
for the Housing and Redevelopment Advisory Committee,
approval of proposals, environmental review, project
implementation, reports and monitoring.
The Housing and Redevelopment Advisory Committee, at their
regular meeting of July 24, 1989, recommended approval of
Community Development Block Grant Relocation Plan, Citizen
Participation Plan and Administrative Policies and Procedures.
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Any cost would come from the Grant funds.
1.'' City Council Resolution No. 8"` - 205-
2.' Relocation Assistance Plan
3.►' Citizen Participation Plan
4.1f Administrative Policies and Procedures
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RESOLUTION N0. 89-305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CkLIFORNIA, APPROVING A RELOCATION ASSISTANCE PLAN, CITIZEN
PARTICIPATION PLAN AND ADMINISTRATIVE POLICIES AND
PROCEDURES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.—_
WHEREAS, the City of Carlsbad is an entitlement grantee
under the Housing and Community Development Act of 1974.
WHEREAS, the U.S. Department of Housing and Urban
Development requires a relocation assistance plan, policies and
Procedures and a citizen participation plan to administer the
Community Development Block Grant Program g grant;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Carlsbad, California as follows:
1) That the above recitations are true and correct.
2) That the City Council approves the Relocation Assistance
Plan, the Policies and Procedures and the Citizen
Participation Plan for the Community Development Block Grant
Program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California held on the
222d day of August, 1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux & Pettine
NOES: None
ABSTAIN: None
ABSTAIN:
"WIS,Mayor
ATTEST: CL UDE
;eL6C
ALETHA L. RAIITENRRANZ, City lerk
(SEAL)
EXHIBIT 2
CITY OF CARLSBAD RESIDENTIAL ANTIDISPLACEMENT AND
RELOCATION ASSISTANCE PLAN
The City of Carlsbad Will replace all occupied and vacant
occupiable low/moderate-income dwelling units demolished or
converted to use other than as low/moderate-income housing as a
direct result of activities assisted with funds provided under
the Housing an Community Development Act of 1974, as amended, as
described in 24 C,FR 570,606(b)(1).
All replacement housing will be provided within three years of
the commencement of the demolition or rehabilitation relating to
conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the City of
Carlsbad will make public and submit to the HUD Field Office the
following information in writing:
1. A description of the proposed assisted activity;
2. The general location on a map and approximate number of
dwelling units by size (number of bedrooms) that will
be demolished or converted to a use other than as
low/moderate-income dwelling units as direct result of
the assisted activity;
3. A time schedule or the commencement and completion of
the demolition or conversion;
4. The general location on a map and approximate number of
dwelling units by size (number of bedrooms) that will
be provided as replacement dwelling units;
5. The source of funding and a time schedule for the
Provision of replacement dwelling units; and
6. The basis for concluding that each replacement dwell-ng
unit will remain a low/moderate-income dwelling unit
for at least 10 years from the date of initial
occupancy.
The City of Carlsbad will provide relocation assistance, as
described in 570.606(b)(2), to each low/moderate-income household
displaced by the demolition of housing or by the conversion of a
low/moderate-income dwelling to another use as a direct result of
assisted activities.
Consistent with the go.als and objectives of activities assisted
under the Act, the City of Carlsbad will take the following steps
to minimize the displacement of persons from their homes:
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1. The City will not carry out extensive rehabilitation
which requires displacement. If it is necessary to
displace persons, the City will comply with all federal
regulations and laws.
2. The projects of the City of Carlsbad do not require
displacement of persons.
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EXHIBIT 3
COMMUNITY BLOCK GRANT PROGRAM
CITIZEN PARTICIPATION PLAN
INTRODUCTION
It is the intent of the City of Carlsbad to provide for and
encourage citizen participation throughout the process of
implementing the CDBG program. This will be accomplished though
public meetings, public hearings, technical assistance, and
complaint procedure.
CITY ADVISORY COMMITTEE
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The city will use the already established Housing and
Redevelopment Advisory, Committee as an advisory body for
recommendations to the city council for selecting and soliciting
block grant proposals.
The Committee consists of nine participating members appointed by
the City Council. Two members must represent low income housing
$; interests by being on the Section 8 Housing Program. One of
these must represent elderly population. The remaining members
represent various parts of the community. The Committee meets
monthly and all meetings are public meetings being published and
noticed. Each meeting provides opportunity for public input and
opinion.
PUBLIC MEETINGS
The city (Housing and Redevelopment Department) shall hold at
least two public meetings annually prior to the development of
the city's annual CDBG submission. The purpose of the meetings
is to develop needs, obtain suggestions for proposed projects,
and explain the program to the general public. The meetings will
be held in the low income neighborhoods of the community with
access for handicapped.
Notices of the public meetings stall be published in the city
newspapers including a minority newspaper. Notices will be in
Spanish and English. Flyers will be distributed throughout the
community announcing the public meetings. All ads and flyers
will emphasize that funds must be spent in areas and on projects
which benefit low -moderate income persons. The purpose of the
grant funds expenditure (national objectives) will also be listed
in the flyers and ads.
City departments will also be notified of the availability of
funds and asked to present needs and projects considering the
area of service and use of the funds based on national
objectives.
Both meetings will be held in the winter quarter (January) in
order to allow time for project development and a substantial
public input opportunity.
PUBLIC HEARINGS
There will be at least two public hearings. One will take place
when the Housing and Redevelopment Advisory Committee meets to
consider recommendations to the council on the proposals. The
other will take place when the city council conducts a public
hearing and determines the approval of the Final Statement.
The Advisory Committee will make recommendations to the city
council based on information received from the public hearing,
previous public meetipgs,and the public notice.
The City Council will conduct a public hearing and then consider
j the recommendations of the Advisory Committee as an agenda item
at the City Council meeting.
Both City Council and Advisory Committee meetings and hearings
require proper notification to the public.
All public hearings and meetings will be held in the early
evening or morning to allow maximum public participation.
ACCESS TO INFORMATION
It is the intent of the City of Carlsbad to make all records and
information related to the CDBG Program readily available to the
residents of the community. Towards this end the City will take
the following actions:
1. Advertise all public meetings in at least two local
newspapers at least two weeks before the scheduled dates.
These advertisements should be written in Spanish and
English if possible.
2. Post a copy of agendas of all public hearings on a bulletin
board readily accessible to the general public at City Hall.
These agenda shall be posted a minimum of 72 hours before
any scheduled hearing.
3. Distribute posters throughout the community before public
meetings.
4. Make available for public inspection copies of all Final
Statements, Grantee Performance Reports, Audits and
pertinent agendas and approved minutes for a seven year
period. These documents shall be available at the Housing
and Redevelopment'Department located at 2965 Roosevelt St.,
Carlsbad, CA 92008. Copies of the documents will be
reproduced upon request at the normal cost of printing.
TFCHNICAL ASSISTANCE
It is the intent of the City to provide technical assistance to
all residents interested in developing proposals for future use
of CDBG funds. To ensure that residents are aware of this
assistance, advertisements of public hearings related to the
development of needs and the review of proposed,CDBG activities
will include reference to this service.
It is expected that the need for this assistance can be minimized
by providing an explanation of the types of projects that are
eligible for CDBG funding at the public meetings and in the city
offices.
Both the Department of Housing and Redevelopment and other city
departments will be available to provide technical assistance.
RESPONSE BY CITY TO COMPLAINTS
The City recognizes that despite making significant efforts at
outreach and education there may be complaints and/or grievances
filed regarding the operation of the City's CDBG Program. These
concerns should be address to the following:
Department of Housing and Redevelopment
City of Carlsbad
2965 Roosevelt St. Suite B
Carlsbad, California 92008
(619) 434-2811
When practical, a written response will be made by the City
within 15 working days. If it should take longer to develop a
response, the City shall notify the correspondent in writing
within 15 working days of the time period needed to provide an
answer.
PARTICIPATION BY NON-ENGLISH SPEAKING RESIDENTS
It is the intent of the City to allow for input by all non-
English speaking, as well as English speaking residents in the
public meeting process. An interpreter fluent in that language
will be present at all CDBG-related public meetings.
In the event that a resident speaks other than English or Spanish
as a principal language, with notice, an effort will be made to
find an interpreter.
SUBSTANTIAL CHANGE
The citizens of Carlsbad through a public notice and the U.S.
Department of dousing and Urban Development will be notified of
any "substantial change" in the purpose, scope, location or
beneficiaries of any activity. Substantial change shall be
defined as any change to an activity in which (1) over 50% of the
R« original locations or beneficiaries are impacted by the change,
or; (2) the description of the activity is modified to the point
whereby the general public would consider it to be a new
activity, or; (3) there is a substantial monetary change.
,F QUESTIONS REGARDING THIS CITIZEN PARTICIPATION PLAN CAN BE
ADDRESSED TO:
City of Carlsbad
Department of Housing and Redevelopment
2965 Roosevelt St., Suite B
Carlsbad, CA 92008
z (619) 424-2811
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EXHIBIT 4
POLICIES AND PROCEDURES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
ADMINISTRATION
DESCRIPTION
The Community Development Block Grant (CDBG) Program was
established in 1974 by the federal government with the passage cf
the Housi•g and Community Development Act of 1974. This program
provides monies to cities to undertake certain, kinds of community
development and housing activities. Activities proposed by the
city must meet the objectives and eligibility criteria of the
CDBG legislation.
The primary CDBG objective is the development of viable urban
communities, by providing decent housing and a suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income. Each activity to be funded
with CDBG monies must meet one of the three broad national
objectives of:
1. Benefit to low- and moderate -income persons.
2. Aid in the prevention or elimination of slums or
blight.
3. 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 where other financial resources are
not available to meet such needs.
This means that each activity must be considered in light of the
persons who would benefit from that activity and/or the physical
conditions of the area benefiting from the activity. Overall, at
least 60% of the City's CDBG expenditures must be for activities
benefiting low- and moderate -income persons.
REFERENCES
The following are documents by which the CDBG program is
regulated
Activity Eligibility
Fiscal Regulations
Administrative Regulations
Labor Standards
Environmental Review
24 CFR 570
24 CFR Part 85
24 CFR part 570
Davis -Bacon Act
Copeland Act
Federal Labor standard Act
Contract Work Hours and
Safety Standards Act
24CFR Part 58
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Acquisition and (1) Uniform Relocation
Relocation Assistance and Real Property
Acquisition Policies Act
of 1970
(2) 24 CFR Part 42
(3) 24 CFR art 570
(4) Housing and Community Act of
1987, Section 509
Civil Righter/Equal Opportunity Civil Rights Act of 1964
Civil Rights Act of 1968
Executive Orders: 11625,
12128, and 12432
Fair Housing Act of 1988
PURPOSE AND SCOPE
The Housing and Redevelopment Department has the primary
responsibility for the operation of the CDBG program within the
City of Carlsbad. This includes: 13 the solicitation of
proposals from City departments, as well as from throughout the
community, in accordance with the citizen participation
requirements of the program, 2] the review of proposals for
eligibility, 31 preparation of the application to the U.S.
Department of Housing and Urban Development (HUD) for the
projects approved by the City Council, 41 monitoring approved
projects, and 5] reporting on the program to HUD, to the City
Council and to the citizens of Carlsbad.
PROCEDURES
I. SOLICITATION OF PROPOSALS
A. In January of each year at least one notice will be
Published in a local newspaper announcing the
availability of CDBG funds and requestinq proposals for
projects to be carried out with these funds. (If the
exact amount of funding is not known at this time an
estimate amount will be identified).
B. In January of each year letters will be mailed to all
citizens and community based organizations that have
expressed an interest in the program soliciting
proposals for projects to be carried out with CDBG
funds.
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C. In January of each year memos will be sent to all City
departments soliciting proposals for projects to be
carried out with CDBG funds.
D. A proposal development workshop for the public shall be
held prior to the established due date for submission
of proposals.
II. REVIEW OF PROPOSALS
A. Each proposal will be reviewed to determine its
eligibility by takin._ the following steps:
1. Deterni'ine if the activity meets one of the
national objectives (benefits).
2. Determine if the activity is included within the
listing of eligible activities in the CDBG
regulations.
3. Determine if the activity falls within a category
of explicitly ineligible activities, despite its
apparent inclusion within the listing of eligible s
activities.
B. Proposals will be reviewed by the Housing and
Redevelopment Advisory Committee. Housing and
Redevelopment Advisory Committee will prepare a list of
projects in priority order for the amount of available
entitlement funds.
Proposals will be selected based on the following
criteria:
(1) Completeness of proposal
(2) Responsive to the strategy.
(3) Matching funds available
(4) Promotes goals of the Ten Year Housing Plan
C. All prioritized proposals will be presented to the
review of the City Council: Complete with how
proposals met the criteria.
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III.APPROVAL OF PROPOSALS
A. A public hearing will be held for the City Council to
hear comments on the proposals and to approve the
projects that will be funded with CDBG monies.
B. A public notice will be published identifying the
approved projects.
C. Letters will be sent to the community service
organizations that were approved for funding notifying
them of the approval and of the requirement to have a
signed agreement between their organization and the
City.
1. At a minimum the written agreement will include
provisions concerning the following items:
a. Etatement of work.
b. Records to be maintained.
C. Reports to be submitted.
d. Program income requirements.
e. Administrative requirements.
f. Compliance with Federal laws and
requirements.
g. Church/State issue, if applicable.
h. Suspension and termination.
i. Reversion of assets.
j. Insurance requirements.
2. The agreement will be approved by the City Council
or entity authorized by municipal code before any
payment can t_� made to the organization.
D. Council will select proposals considering public
comment from hearing and public notice, and on
Housing and Redevelopment Advisory Committee
recommendations.
IV. ENVIRONMENTAL REVIEW
A. The Planning Department will be sent the Final
Statement listing and describing all of the approved
projects they will complete, including the
environmental review process as identified below:
1. Preparation of Entitlement Project File Checklist.
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2. Determination of applicable Part 58 category.
a. Continuation projects.
1) Project remains unchanged: no further
action needed.
2) Project altered: amend assessment,
update ERR, go to step 3.
b. New Projects
1) Determine the environmental status;
assessment and/or review; go to step 3.
3. Determination and processing of new projects and
altered projects: Part 58 category.
a. Exempt activity (58.34)
1) Written determination.
2) Send to Housing and Redevelopment
Department
3) Implement Project.
b. Categorical Exclusion activity (58.35)
1) Prepare Statutory Checklist
2) If 58.34 (a)(1O) applies: no further
steps. Send conclusion to Housing and
Redevelopment Department to implement
the projects.
3) Checklist signed off by Planning
Director and Environmental Review
Planner.
4) If 58.35(b) applies:
(a) Publish RROF (7 day comment period)
(b) Mail to HUD: RROF/Certification
(15 day comment period)
(c) Release of funds to HUD
(d) Housing and Redevelopment
Department implements project
4) If 58.35 (c) applies: go to c.
C. Environmental assessment activity (58.36).
1) Prepare environmental assessment.
2) If conclusion is Finding of No
significant Impact (FONSI):
a) Publish FONSI/RROF (15 day comment
period)
b) Mail to HUD: RROF/Certification
(15 day comment period)
c) Release of funds by HUD
d) Housing and Redevelopment
Department implements project
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3) If Environmental Impact Statement (EIS)
is required: go to d.
d. Environmental Impact Statement (58.37)
Contact HUD Environmental Officer
V. SUBMISSION OF APPLICATION
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No later than June 1 the application (Final Statement of
\f Objectives and Projected Use of Funds) will be submitted to
HUD.
5 VI. APPROVAL OF APPLICATION
Written approval of the application will be received from
HUD.
VII.
IMPLEMENTATION OF PROJECTS
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A.
Once the written approval of the Final Statement and
the Release of Funds for the specific project has been
received from HUD, the proper Environmental Process has
been completed, and the agreement executed (if
applicable) the project(s) will be assigned an account
number by the Accounting Division of Finance.
B.
After the account number has been assigned, the Housing
and Redevelopment Department will notify the
appropriate City department and/or the community
service organization or contractor that the project(s)
may begin.
C.
Housing and Redevelopment Department monitors Davis-
Copeland Act, Federal Labor Standards Act,
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Contract Work Hours and Safety Standards Act.
D.
CBO or City Department submits invoices. Housing and
Redevelopment Department approves expenditures and
forwards to Finance Department.
E. Finance Department draws down funds and pays bills.
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VIII. REPORTS
A. Tan days after the end of each quarter, or upon
completion of a project, a written report will be
submitted to the Housing and Redevelopment Department
by the appropriate project manaoer.
1. City Projects:
a. Narrative assessment of the progress on the
project.
b. Copies of related documents (e.g., contract,
notice to proceed, notice of completion,
etc.).
2. Subrecipients:
a. Narrative assessment of the progress on the
project.
b. Statistics on numbers and ethnicity of
persons/households assisted.
B. Grantee Performance Report: Due to HUD ninety days
after the end of the fiscal year.
C. Federal Cash Transactions Report: Due to HUD no later
than 15 days after the end of each quarter.
D. Semi -Annual Labor Standards Enforcement Report: Due to
HUD April 6 and October 6 of each year.
E. Minority Business Enterprise Contractor/Subcontractor
Activity Report: Due to HUD April 6 and October 6 of
each year.
IX. MONITORING
A. Community Development Block Grant Coordinator will
track project status weekly through the project
schedule.
If necessary meetings will be scheduled with project
managers to keep projects on schedule.
Check sheets in project file will be referenced to keep
track of project status.
B. On site visits are made by Coordinator to monitor
progress and conduct Davis Bacon surveys.
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