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HomeMy WebLinkAbout1989-08-22; City Council; 10219; Community Development Block Grant Relocation Plan, Citizen Participation Plan and Administrative Policies and Proceduresi Z O v Q J U Z 0 O U 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. rt' 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 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 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: i 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. { a s 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 a"! 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 F� 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 '" 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. 2 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. 3 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. 4 I 0 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 0 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 L'. 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 f� 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, 3 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. 6 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. 7 r ��