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HomeMy WebLinkAbout2019-02-19; City Council; ; Amendment to the Community Development Block Grant Citizen Participation Plan to modify the appointment process and the membership requirements for the ad hoc CDBG CitizeCA Review (}., k ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: February 19, 2019 Mayor and City Council Scott Chadwick, City Manager Courtney Pene, Management Analyst Courtney.Pene@carlsbadca.gov or 760-434-2812 Amendment to the Community Development Block Grant Citizen Participation Plan to modify the appointment process and the membership requirements for the ad hoc CDBG Citizen Advisory Committee Recommended Action Hold a public hearing and adopt a Resolution approving an amendment to the Community Development Block Grant Citizen Participation Plan to modify the appointment process and the membership requirements for the ad hoc CDBG Citizen Advisory Committee. Executive Summary The City of Carlsbad administers a variety of grant programs which provide financial support for activities that benefit Carlsbad residents. One of these grant programs is the United States Department of Housing & Urban Development (HUD) Community Development Block Grant (CDBG) program which allocates federal funds, awarded to the city, to fund programs and/or projects that provide assistance or benefit to lower income families and individuals within the Carlsbad community. The Citizen Participation Plan (CPP), adopted by the City Council in 2017, for the CDBG program sets forth a requirement for a seven-member ad hoc CDBG Citizen Advisory Committee to make recommendations regarding CDBG funding allocations to the City Council. At the City Council Public Hearing held on November 27, 2018, the City Council voted by minute motion to have staff bring back options for membership on the ad hoc CDBG Citizen Advisory Committee, considering the recent change to City Council representation by district. As stated in the CPP, the current membership for the ad hoc Citizen Advisory Committee includes resident representatives from each of the four (4) geographical quadrants within the city limits. Staff recommends that the CPP reflect the new City Council Districts, replacing the previous resident representatives from each of the four (4) geographical quadrants of the city. To implement staff's recommendations, the CPP must be modified to reflect this change in advisory committee membership and to specify the appointment process. The role of the ad hoc CDBG Citizen Advisory Committee, as set forth within the CPP, is to review all grant proposals and make funding recommendations to the City Council. Per HUD regulations, the CPP was published in the San Diego Union Tribune 30 days prior to this Public Hearing to allow for public participation. February 19, 2019 Item #2 Page 1 of 22 Discussion In November of 2017, the City Council approved the current CPP to reflect new requirements established by HUD. Staff is proposing five options to revise the membership of the ad hoc CDBG Citizen Advisory Committee to reflect the recent City Council minute motion to consider options for the committee membership which would take into consideration the new City Council districts. The five options for consideration are: 1. Maintain status quo and keep the four (4) geographical quadrant representatives, in addition to the Housing, Planning and Senior Commissioner representatives; or 2. Revise the membership to appoint resident representatives from the four (4) City Council Districts, in addition to the Mayor appointing Housing, Planning and Senior Commissioner representatives; 3. Revise the membership to appoint resident representatives at large; no district or quadrant representation. 4. Transition role and responsibilities of the CDBG Citizen Advisory Committee to the Housing Commission and sunset the ad hoc CDBG Citizen Advisory Committee. 5. Transition the role of the ad hoc CDBG Citizen Advisory Committee, and have all proposals presented to City Council for both consideration and funding approval. During this transition year of 2019, staff is recommending that City Council approve option #2 for this current year and move to adoption of option #4 in 2020. By separate action, staff will return with revisions to the Housing Commission ordinance to revise their roles and responsibilities to include serving as the CDBG Citizen Advisory Committee and a modified work plan. If the City Council agrees with staff's recommendation, approval of the attached resolution and CPP will revise the membership of the committee to reflect this change. If the City Council approves option #1, there is no other required action at this time since no other modifications to the CPP are proposed. Options #3, #4 and #5 will require modifications to the CPP and resubmittal to the City Council for approval at a future City Council meeting. If City Council approves the staff recommended modifications to the CPP, staff will request appointments for the FY 2019-2020 funding cycle to the ad hoc CDBG Citizen Advisory Committee at a future meeting, these new CDBG Citizen Advisory Committee appointments will serve one year service terms only. Currently, District 2 and the Housing Commission representatives are serving in the second year oftheir two-year term (expiration in June 2019) which will allow them to complete the current program review and funding recommendation process. Appointments are required for the Planning and Senior Commissions, and for resident representatives for Districts 1, 3 and 4. If the staff recommended modification to the CPP as noted above in option #2 is approved, the new membership for the ad hoc CDBG Citizen Advisory Committee will consist of seven (7) February 19, 2019 Item #2 Page 2 of 22 members representing the Housing, Planning and Senior Commissions and resident representatives from each of the four City Council Districts. Below is a summary of the Citizen Advisory Committee members who will continue their service in the FY 2019-2020 funding cycle: Committee Representation District 2 Housing Commission Recommendation Steven Sobieraj Joy Evans Term Expiration June 2019 June 2019 Below is a summary of the appointments that are required to fill the current vacancies on the ad hoc CDBG Citizen Advisory Committee. The Planning Commission has recommended Peter Merz and the Senior Commission has recommended Patricia Mehan to serve as committee members for one year appointments only. Committee Representation Recommendation Term Expiration District 1 TBD June 2019 District 3 TBD June 2019 District 4 TBD June 2019 Planning Commission Peter Merz June 2019 Senior Commission Patricia Mehan June 2019 If the CPP modifications are approved as presented, the staff recommended process for appointments is as follows: • Mayor will consider and confirm the recommended nominations from the Planning and Senior Commissions. • Council Member Hamilton will recommend a resident representative from District 1. • Mayor Pro Tern Bhat-Patel will recommend a resident representative from District 3. • For City Council District 4, the Mayor will assign both of the at-large Council Members (Blackburn, Schumacher) the task of providing a recommendation for a resident representative for City Council District 4. Under this proposed staff recommended appointment process, the final decision on all appointment recommendations to the CDBG Citizen Advisory Committee will be made by the full City Council. The City Council, however, may approve an alternate process for recommendations on appointments and the final approval. As noted above, this action to appoint committee members will be done under separate action at a later date. It is the responsibility of the CDBG Citizen Advisory Committee to review grant proposals and make recommendations to the City Council concerning federal funding. Committee meetings are open to the public and held as needed. In a typical grant year, the CDBG Citizen Advisory February 19, 2019 Item #2 Page 3 of 22 Committee holds a maximum of three (3) meetings for a total of six (6) hours. All committee agendas are posted 72 hours prior to a meeting and available on the city's website and at Carlsbad City Hall, 1200 Carlsbad Village Drive. Fiscal Analysis There is no fiscal impact resulting from the recommended amendment to the CDBG Citizen Participation Plan. Next Steps Staff anticipates returning to the City Council, late February or early March, seeking the Mayoral appointments to the ad hoc CDBG Citizen Advisory Committee. Environmental Evaluation (CEQA) Pursuant to Public Resources Code Section 21065, appointment of advisory committee members does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Public Notifications In accordance with HUD regulations, the public hearing to consider modifications to the CDBG Citizen Participation Plan has been noticed in the Union Tribune 30 days in advance of this public hearing. Exhibits 1. City Council Resolution 2. Citizen Participation Plan, strikeout February 19, 2019 Item #2 Page 4 of 22 RESOLUTION NO. 2019-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN TO MODIFY THE APPOINTMENT PROCESS AND THE MEMBERSHIP REQUIREMENTS FOR THE AD HOC COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN ADVISORY COMMITTEE WHEREAS, the Citizen Participation Plan for Carlsbad's Community Development Block Grant Program (CDBG) specifies the formation of a seven-member citizen advisory committee to make recommendations regarding CDBG funding allocations to the City Council; and WHERES, the City Council desires to modify the CDBG Citizen Participation Plan to amend the appointment process and the membership requirements for the ad hoc CDBG citizen advisory committee to revise the resident representation to be based on City Council District boundaries rather than based on geographical quadrant boundaries; and WHEREAS, with the approved amendment to the Citizen Participation Plan the Mayor shall confirm the nominations from the Planning and Senior Commissions, Council Member Hamilton will nominate a resident representative from District 1, Mayor Pro Tern Bhat-Patel will nominate a resident representative from District 3, Council Members Blackburn and Schumacher will nominate a candidate for District 4, the final decision on all appointment recommendations will be made by the full City Council; and WHEREAS, the representatives from City Council District 2 and the Housing Commission will serve out the duration of their service commitment; and WHEREAS, the CDBG Citizen Advisory Committee appointees shall voluntarily serve one year of service; and NOW, THEREFORE, BE IT RESOLVED by 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 hereby approves the amended Citizen Participation Plan set forth in Attachment A to this resolution which modifies the appointment process and the membership requirements for the ad hoc Community Development Block Grant Citizen February 19, 2019 Item #2 Page 5 of 22 Advisory Committee to provide for four (4) resident representatives from each of the four (4) City Council Districts. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of February 2019, by the following vote, to wit: AYES: NOES: ABSENT: Bhat-Patel, Schumacher, Hamilton. Hall, Blackburn. None. (SEAL) February 19, 2019 Item #2 Page 6 of 22 Attachment A CITY OF CARLSBAD Citizen Pa rtici pat ion Pian Draft February 2019 Housing & Neighborhood Services 1200 Carlsbad Village Drive Carlsbad , CA February 19, 2019 Item #2 Page 7 of 22 The City of Carlsbad receives an annual entitlement of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) for housing and community development activities to assist low-income persons. In accordance with the Grant, the city must create a 5-Year Consolidated Plan (Consolidated Plan) that addresses affordable housing and community development needs, submit an Annual Action Plan (Annual Plan) to outline spending and activities for the corresponding program years, and provide a Consolidated Annual Performance and Evaluation Report (CAPER) to evaluate the city's accomplishments and use of CDBG funds. As required by HUD regulation 25 CFR 91.105, the city must have and follow a detailed Citizen Participation Plan that specifies the city's policies and procedures for engaging citizens and encouraging them to participate in creating, evaluating, and implementing the CDBG program and Assessment for Fair Housing (AFH). Objectives The primary goal of the Citizen Participation Plan (CPP) is to solicit views and recommendations from members of the community, organizations, and other interested parties and to incorporate the views and recommendations in the decision-making process . To accomplish this goal, the CPP mandates that the city will: • Encourage participation from residents in the development and preparation of the Consolidated Plan, Annual Plan, AFH, substantial amendments to these plans, and CAPER. • Encourage the involvement by low-moderate income persons, particularly those who reside in CDBG targeted neighborhoods, areas designated for revitalization, areas designated as slum and blight, people with disabilities, racial and ethnic minorities, Non-English speaking and limited English proficient (LEP) persons, and residents of public and assisted housing developments in the development of the Consolidated Plan and AFH . • Encourage participation from the Continuum of Care, businesses, developers, nonprofit organizations, philanthrop ic organizations, community-based and faith based organizations, public housing agency consultations, resident advisory boards, resident councils, and resident management corporations during the development and implementation of the Consolidated Plan and AFH. • Provide residents reasonable and timely access to information, meetings, and records. • Provide residents the opportunity to review, offer input and feedback regarding the use of CDBG and AFH funds, and comment on the CAPER . • Provide assistance for non-English-speaking and LEP persons upon advance request provided such services are available. • Use comprehensive techniques to encourage and measure public participation and review program performance. • Reasonable accommodations will be provided for those with disabilities upon advance request. 2 of 8 February 19, 2019 Item #2 Page 8 of 22 CDBG Citizens Advisory Committee The committee is comprised of seven community members appointed by the Mayor, with concurrence of the full City Council. The following breakdown is the committee profile: • City Council District 1 representative • City Council District 2 representative • City Council District 3 representative • City Council District 4 representative • Housing Commissioner • Planning Commissioner • Senior Commissioner For the FY 2019-2020 funding cycle, two commission members and three nominations of resident representatives are requ i red by the following: • Planning Commission • Senior Commission • City Council District 1 • City Council District 3 • City Council District 4 The process for appointments is as follows: • Mayor will consider and confirm the recommended nominations from the Planning and Senior Commissions. • Council Member Hamilton will recommend a resident representative from District 1. • Mayor Pro Tern Bhat-Patel will recommend a resident representative from District 3. • For City Council District 4, the Mayor will assign both of the at-large Council Members (Blackburn, Schumacher) the task of providing a recommendation for a resident representative for City Council District 4. The final decision on all appointment recommendations will be made by the full City Council. After the FY 2019-2020 funding cycle concludes, the CDBG Citizen Advisory Committee will sunset and the responsibilities of the committee will be assumed by the Housing Commission. It is the responsibility of the CDBG Citizen Advisory Committee to review grant proposals and make recommendations to the City Council concerning federal funding. Committee meetings are open to the public and held as needed. In a typical grant year, the CDBG Citizen Advisory Committee holds a maximum of three (3) meetings for a total of six (6) hours. All committee agendas are posted 72 hours prior to a meeting and available on the city's website and at Carlsbad City Hall, 1200 Carlsbad Village Drive. Public Hearings • The city will conduct at least two public hearings each year to obtain residents' feedback regarding housing and community development needs, proposed allocation of CDBG funds, strategies and actions taken to affirmatively further fair housing, and review program performance. • The city will conduct at least one public hearing during the development of the AFH prior to 3 of 8 February 19, 2019 Item #2 Page 9 of 22 publishing the AFH for public comment. The public hearing must be held prior to formulating the Consolidated Plan. • The city will conduct at least one public hearing during the development of the Consolidated Plan prior to publishing the Consolidated Plan for public comment. • The city will receive and consider comments concerning the Plan(s) and/or AFH for a period of 30 days. All comments received, in writing or orally at the public meeting, will be considered in preparing the final Plan(s) and/or AFH. A summary of the comments, including those not accepted and the reasons, shall be attached to the final Plan(s) and/or AFH. • Public notices will be published at least ten days prior to the hearing. Notices will include date, time, location, and summary of the proposed action to help facilitate an informed comment(s). Notices will be published in the newspaper and announced on the city's website. • Public notices, excluding the CAPER, will be published at least ten days prior to a hearing. Notices will include the date, time, location, and summary of the proposed action to help facilitate an informed comment(s). Notices will be published in the newspaper and announced on the city's website. • Public hearings are held in the Carlsbad Council Chamber located at 1200 Carlsbad Village Drive, Carlsbad, California, convenient to potential and actual beneficiaries of funding and accessible to people with disabilities. Listening devices for the hearing impaired available at public hearings upon request. Translators are provided for non-English speaking persons when requests are made within five working days prior to a public hearing. Individuals with disabilities, who require reasonable accommodations in order to participate in the city council meetings, should contact the city's Americans with Disabilities Coordinator at 760-434-2820. Development of the Consolidated Plan, Annual Plan, and Assessments of Fair Housing • The city will make a concerted effort to notify residents, social service providers, business groups, nonprofit organizations, community and faith based organizations, and community boards and other interested organizations of the development of the Consolidated Plan, Annual Plan, and AFH through mailings, including electronic mail, online postings, and notices in the newspaper. • The city will issue a Notice of Funding Availability inviting proposals for CDBG activities. Upon request, the city will provide technical assistance to groups representing low-moderate income persons to develop proposals for eligible activities and comment on the AFH. • The city will make available any HUD-provided data and other supplemental information the grantee plans to incorporate into its AFH at the start of the public participation process (or as soon as feasible after). • Prior to adoption of the Plan(s), the city will make available the estimated amount of CDBG funding that it expects to receive, the activities that may be undertaken, the estimated amount of funds that will be used to benefit low-moderate income persons, and any activities that may result in displacement. • The city will publish a summary of the proposed Plan(s) and/or AFH in the newspaper and have it available on the city's website for a period of ten days prior to a public meeting. The summary will describe the contents and purpose of the Plan(s) and/or AFH and include a list of the locations where they may be reviewed . The Plan(s) and/or AFH will be available for review at Carlsbad City Hall and at the city's website. The city will provide a reasonable number of free copies to citizens and groups upon request. 4 of 8 February 19, 2019 Item #2 Page 10 of 22 Amendments to the Consolidated Plan, Annual Action Plan, and Assessments of Fair Housing The city will amend its approved Plan(s) whenever it makes one of the following decisions: • To carry out an activity not previously described in the Annual Plan using funds covered by the Consolidated Plan, including Program Income. • To substantially amend the purpose, scope, location, or beneficiaries of an activity. • To substantially amend the allocation priorities or the method of distributing funds. A substantial amendment is defined as the following: • An addition, modification, or elimination of a Consolidated Plan goal; • An addition of a new activity not previously identified in the Annual Plan; or • A change in an activity after the adoption of the Annual Plan that meets on of the following thresholds: o A net increase or decrease greater than 50 percent of the activity allocation; or o A change in the use of funds from one activity to another that affects 20 percent or more of the city's current annual CDBG fund allocation . • Substantial amendments must be authorized by the Carlsbad City Council and will be available on the city's website and through public notices in the newspaper. Minor changes and/or corrections may be made, so long as the changes do not constitute a substantial amendment. Minor changes, including but not limited to modifications of goal outcome indicators, shall not be considered a substantial amendment and do not require public review or a public hearing. • The city will receive and consider comments concerning substantial amendments and/or AFH revisions for a period of not less than 30 days. All comments received, in writing or orally at a public meeting, will be considered in preparing the final Plan(s) and/or AFH. A summary of the comments or views, including those not accepted and the reasons, shall be attached to the final Plan(s) and/or AFH. • Public notices will be published at least ten days prior to the hearing. Notices will include the date, time, location, and summary of the proposed action to help facilitate informed comments. Consolidated Annual Performance and Evaluation Reports (CAPERs) The city will prepare an annual CAPER to evaluate the progress of the Consol idated Plan and to review accomplishments for the previous program year. • Prior to submitting the CAPER to HUD, the public must be noticed advising of the availability of the CAPER, will be published in the newspaper and availab le on the city's website. The CAPER will be available for review at Carlsbad City Hall City Clerk's Office, Housing & Neighborhood Services Office, and on the city website. • A comment period of not less than 15-days will be provided. All comments received, in writing or orally, will be included in the final submission to HUD. Back-up Projects The Annual Plan may contain a list of projects to be funded for the given program year with any additional funding received. During each program year, however, additional funding may become available as a result of program income, projects completed below budget or projects canceled or delayed due to a variety of reasons. This list of back-up projects can include public facility and infrastructure improvement projects can be included in Annual Plans and be approved by the City Council to serve as back-up projects. The city may activate these back-up projects at any time when funding becomes available. The city needs to receive HUD approval for these back-up projects along 5 of 8 February 19, 2019 Item #2 Page 11 of 22 with the approved and funded projects as part of its approval for the Annual Plan. Initiation and funding of these projects would not constitute a substantial amendment as defined above. Public notice The City of Carlsbad provides adequate notice of 15 or 30 days, depending on the subject of the notice, at all stages of the Consolidated Plan process to encourage participation by interested parties. To allow for informed comment, notices provide specific information regarding the subject of the notice including anticipated amount of funding, eligible types of activities, expected benefit to low and moderate-income persons, staff contact information, date, time and location of the event. Notices are published in the San Diego Union Tribune. The City of Carlsbad provides advance notice for the following specific documents: Document • Citizen Participation Plan • Five-Year Consolidated Plan • Annual Plan • AFH • Substantial Amendment • CAPER Access to Information and Records Noticing period 30 days 30 days 15 days 30 days 30 days 15 days Any citizen, organization, or other interested party may submit written requests for information regarding the Consolidated Plan, Annuals Plan, AFH, and CAPER, including the city's use of funds under the CDBG programs and the benefit to low-moderate income residents during the preceding five years. The Citizen Participation Plan, the Consolidated Plan, the current Annual Plan, the current AFH, the current CAPER, and any substantial amendments to these plans will be available for public review at Carlsbad City Hall, 1200 Carlsbad Village Drive, and on the city's website. Technical Assistance Upon request, the City of Carlsbad works with individuals or groups which represent lower income people to develop proposals for funding assistance under the Consolidated Plan programs. Carlsbad staff does provide technical assistance for proposals that strengthen and expand the role of community based development organizations in planning for eligible activities . Anti-displacement The City of Carlsbad strives to avoid and minimize the displacement of individuals as a result of the HUD funded activities. Therefore, to the greatest extent possible, the city: • Considers the impact of displacement in the site selection, during the project planning phase. • Provides information to displaced individuals on available assistance and relocation benefits. Prior to approval of any HUD funded activities with the potential for temporary or permanent displace of individuals, the responsible agency (city or private developer) provides a written plan of action for comparable replacement low-income housing and assistance to displaced persons, based on the 6 of 8 February 19, 2019 Item #2 Page 12 of 22 Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (URA), 49 CFR part 24. Changes in federal funding level Any changes in federal funding level after the comment period of either the Draft Consolidated Plan and/or Action Plan has expired, the resulting effect on the distribution of funds will not be considered an amendment or a substantial amendment. Assurances The City of Carlsbad assures that the most diligent effort will be made to comply with the process and procedures outlined in this Citizen Participation Plan . Comment and Complaint Process The city will consider any comments from citizens received in writing or orally at public hearings in preparing this Citizen Participation Plan, the Consolidated Plan, Annual Plan, CAPER, AFH, and/or substantial amendments to these plans. A summary of all comments will be attached and submitted to HUD. The city will respond to written complaints received relating to the Consolidated Plan, Annual Plan, AFH, CAPER, and/or substantial amendments. Written complaints must describe the objection and provide contact information of the complainant . The city will respond to complaints within 15 working days of receiving the written complain, acknowledging the letter and identifying a plan of action, if necessary. Correspondence may be addressed to : City of Carlsbad C/o Courtney Pene Housing and Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 Persons wishing to contact the Los Angeles Area HUD Office may address correspondence to: U.S. Housing and Urban Development C/o Ray Brewer 300 North Los Angeles Street Suite 4054 Los Angeles, CA 90012 7 of 8 February 19, 2019 Item #2 Page 13 of 22 Definitions Annual Plan: A one year (July 1-June 30) planning document, detailing approved funding allocations for specific eligible activities. The Annual Plan is submitted to HUD 45 days prior to the beginning of the program year. CDBG: Community Development Block (CDBG) is a HUD grant which provides for a variety of community development programs that benefit low and moderate-income persons. CAPER: The Consolidated Annual Performance and Evaluation Report (CAPER) is prepared at the end of the program year to detail how funds were actually expended and the extent to which these funds were used for activities that benefitted low and moderate-income people. The CAPER is submitted to HUD within 90 days of the program year end. CFR: The Code of Federal Regulations (CFR) is the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the U.S . government. Five-Year Consolidated Plan: A five-year planning document and application for funding which establishes the city's priorities and strategies for use of HUD administered funding. HUD: U.S. Department of Housing and Urban Development (HD) is the federal agency which administers and provides guidance for the Consolidated Plan process and use of federal funds such as CDBG. Low and Moderate-Income Persons: Individuals from households with a total income that does not exceed 80 percent of the median household income for the area adjusted for the family size. 8 of 8 February 19, 2019 Item #2 Page 14 of 22 The City of Carlsbad receives an annual entitlement of Community Development Block Grant (CDBG) funds from the U.S . Department of Housing and Urban Development (HUD) for housing and community development activities to assist low-income persons. In accordance with the Grant, the city must create a 5-Year Consolidated Plan (Consolidated Plan) that addresses affordable housing and community development needs, submit an Annual Action Plan (Annual Plan) to outline spending and activ iti es for the corresponding program years, and provide a Conso lid ated Annual Performance and Evaluation Report (CAPER) to evaluate the city's accomplishments and use of CDBG funds. As required by HUD regulation 25 CFR 91.105, the city must have and follow a detailed Citizen Participation Plan that specifies the city's policies and procedures for engaging citizens and encouraging them to participate in creating, evaluating, and implementing the CDBG program and Assessment for Fair Housing (AFH). Objectives The primary goal of the Citizen Participation Plan (CPP) is to solicit views and recommendations from members of the community, organizations, and other interested parties and to incorporate the views and recommendations in the decision-making process . To accomplish this goal, the CPP mandates that the city will: • Encourage participation from residents in the development and preparation of the _Consolidated Plan, Annual Plan, AFH, substantial amendments to these plans, and CAPER. • Encourage the involvement by lo w-moderate incom e persons, particularly those who reside in CDBG targeted neighborhoods, areas designated for revitalization, areas designated as slum and blight, people with disabilities, racial and ethnic minorities, Non-English speaking and limited English proficient (LEP) persons, and residents of public and assisted housing developments in the development of the Consolidated Plan and AFH. • Encourage participation from the Continuum of Care, businesses, developers, nonprofit organizations, philanthropic organizations, community-based and faith based organizations, public housing agency consultations, resident advisory boards, resident councils, and resident management corporations during the development and implementation of the Consolidated Plan and AFH. • Provide residents reasonable and timely access to information, meetings, and records. • Provide residents the opportunity to review, offer input and feedback regarding the use of CDBG and AFH funds, and comment on the CAPER . • Provide assistance for non-English-speaking and LEP persons upon advance request provided such services are available. • Use comprehensive techniques to encourage and measure public participation and review program performance. • Reasonable accommodations will be provided for those w ith disabilities upon advance request. 2 of 8 February 19, 2019 Item #2 Page 16 of 22 CDBG Citizens Advisory Committee The committee is comprised of seven community members, ead1 iAei.,.ie1Jal serviAg two year terFAs, appointed by the City CelJREilMayor, with concurrence of the full City Council. The following breakdown is the committee profile: • ~Jorth•Nest QlJaaraRt rer,reseAtativeDistriet 1 resreseAtativeCity Council District representative 1•------Formatted: Bulleted+ Level: 1 + Aligned at: 0.25" + Indent at: 0.5" -•-~Jortheast Q1JaaraAt rer,reseAtati.,.e _ ---city Council District 2 representative _•_So1Jthwest Q1JaeraAt rer,reseAtative_ ---city Council District 3 representative _•_So1Jtheast Q1JaeraAt rer,reseAtative _ ---city Council District 4 rep resentative • • SeRiOF COFAFAissioAer _•_Housing Commissioner • Planning Commissoner • Senior Commissioner • PlaAAiRg CommissioAer For the FY 2019-2020 funding cycle, two commission members and three nominations of resident representatives are required by the following: • Planning Commission • Senior Commission . City Council District 1 • City Council District 3 . City Council District 4 The process for appointments is as follows: Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5'' • Mayor will consider and confirm the recommended nominations from the Planning and Senior+-··--· Formatted: Bulleted+ Level: 1 + Aligned at: 0.25 " + Indent • • • Commissions. Counc il Member Hamilton w ill recommend a resident representative from District 1 . Mayor Pro Tern Bhat-Patel will recommend a resident representative from District 3 . For City Council Di st rict 4, the Mayor wi ll assign both of the at-large Council Members (Blackburn, Schumacher) the task of providing a recommendation for a resident representative for City Council District 4. The final decision on all appo intment recommendations will be made by the full City Council. After the FY 2019-2020 funding cycle concludes, the CDBG Citizen Advisory Committee will sunset and the responsibilities of the committee will be assumed by the Housing Commiss ion . It is the responsibility of the CDBG Citizen Advisory Committee to review grant proposals and make recommendations to the City Council concerning federal funding. Committee meetings are open to the public and held as needed. In a typical grant year, the CDBG Citizen Advisory Committee holds a maximum of three (3) meetings for a total of six (6) hours . Al l committee agendas are posted 72 hours prior to a meeting and available on the city's website and at Carlsbad City Hall, 1200 Carlsbad Village 3 of 8 at: 0.5" February 19, 2019 Item #2 Page 17 of 22 Drive. Public Hearings • The city will conduct at least two public hearings each year to obtain residents' feedback regarding housing and community development needs, proposed allocation of CDBG funds, strategies and actions taken to affirmatively further fair housing, and review program performance. • The city will conduct at least one public hearing during the development of the AFH prior to publishing the AFH for public comment. The public hearing must be held prior to formulating the Consolidated Plan. • The city will conduct at least one public hearing during the development of the Consolidated Plan prior to publishing the Consolidated Plan for public comment . • The city will receive and consider comments concerning the Plan(s) and/or AFH for a period of 30 days. All comments received, in writing or orally at the public meeting, will be considered in preparing the final Plan(s) and/or AFH . A summary of the comments, including those not accepted and the reasons, shall be attached to the final Plan(s) and/or AFH . • Public notices will be published at least ten days prior to the hearing. Notices will include date, time, location, and summary of the proposed action to help facilitate an informed comment(s). Notices will be published in the newspaper and announced on the city's website. • Public notices, excluding the CAPER, will be published at least ten days prior to a hearing . Notices will include the date, time, location, and summary of the proposed action to help facilitate an informed comment(s). Notices will be published in the newspaper and announced on the city's website. • Public hearings are held in the Carlsbad Council Chamber located at 1200 Carlsbad Village Drive, Carlsbad, California, convenient to potential and actual beneficiaries of funding and accessible to people with disabilities. Listening devices for the hearing impaired available at public hearings upon request. Translators are provided for non-English speaking persons when requests are made within five working days prior to a public hearing. Individuals with disabilities, who require reasonable accommodations in order to participate in the city council meetings, should contact the city's Americans with Disabilities Coordinator at 760-434-2820. Development of the Consolidated Plan, Annual Plan , and Assessments of Fair Housing • The city will make a concerted effort to notify residents, social service providers, business groups, nonprofit organizations, community and faith based organizations, and community boards and other interested organizations of the development of the Consolidated Plan, Annual Plan, and AFH through mailings, including electronic mail, online postings, and notices in the newspaper. • The city will issue a Notice of Funding Availability inviting proposals for CDBG activities. Upon request, the city will provide technical assistance to groups representing low-moderate income persons to develop proposals for eligible activities and comment on the AFH. • The city will make available any HUD-provided data and other supplemental information the grantee plans to incorporate into its AFH at the start of the public participation process (or as soon as feasible after). • Prior to adoption of the Plan(s), the city will make available the estimated amount of CDBG funding that it expects to receive, the activities that may be undertaken, the estimated amount 4 of 8 February 19, 2019 Item #2 Page 18 of 22 of funds that will be used to benefit low-moderate income persons, and any activities that may resu It in displacement. • The city will publish a summary of the proposed Plan(s) and/or AFH in the newspaper and have it available on the city's website for a period of ten days prior to a public meeting. The summary will describe the contents and purpose of the Plan(s) and/or AFH and include a list of the locations where they may be reviewed. The Plan(s) and/or AFH will be available for review at Carlsbad City Hall and at the city's website. The city will provide a reasonable number of free copies to citizens and groups upon request. Amendments to the Consolidated Plan, Annual Action Plan, and Assessments of Fair Housing The city will amend its approved Plan(s) whenever it makes one of the following decisions: • To carry out an activity not previously described in the Annual Plan using funds covered by the Consolidated Plan, including Program Income. • To substantially amend the purpose, scope, location, or beneficiaries of an activity. • To substantially amend the allocation priorities or the method of distributing funds. A substantial amendment is defined as the following: • An addition, modification, or elimination of a Consolidated Plan goal; • An addition of a new activity not previously identified in the Annual Plan; or • A change in an activity after the adoption of the Annual Plan that meets on of the following thresholds : o A net increase or decrease greater than 50 percent of the activity allocation; or o A change in the use of funds from one activity to another that affects 20 percent or more of the city's current annual CDBG fund allocation. • Substantial amendments must be authorized by the Carlsbad City Council and will be available on the city's website and through public notices in the newspaper. Minor changes and/or corrections may be made, so long as the changes do not constitute a substantial amendment. Minor changes, including but not limited to modifications of goal outcome indicators, shall not be considered a substantial amendment and do not require public review or a public hearing. • The city will receive and consider comments concerning substantial amendments and/or AFH revisions for a period of not less than 30 days . All comments received, in writing or orally at a public meeting, will be considered in preparing the final Plan(s) and/or AFH. A summary of the comments or views, including those not accepted and the reasons, shall be attached to the final Plan(s) and/or AFH. • Public notices will be published at least ten days prior to the hearing. Notices will include the date, time, location, and summary of the proposed action to help facilitate informed comments. Consolidated Annual Performance and Evaluation Reports (CAPERs) The city will prepare an annual CAPER to evaluate the progress of the Consolidated Plan and to review accomplishments for the previous program year. • Prior to submitting the CAPER to HUD, the public must be noticed advising of the availability of the CAPER, will be published in the newspaper and available on the city's website. The CAPER will be available for review at Carlsbad City Hall City Clerk's Office, Housing & Neighborhood Services Office, and on the city website. • A comment period of not less than 15-days will be provided. All comments received, in writing or orally, will be included in the final submission to HUD. 5 of 8 February 19, 2019 Item #2 Page 19 of 22 Back-up Projects The Annual Plan may contain a list of projects to be funded for the given program year with any additional funding received. During each program year, however, additional funding may become available as a result of program income, projects completed below budget or projects canceled or delayed due to a variety of reasons. This list of back-up projects can include public facility and infrastructure improvement projects can be included in Annual Plans and be approved by the City Council to serve as back-up projects. The city may activate these back-up projects at any time when funding becomes available . The city needs to receive HUD approval for these back-up projects along with the approved and funded projects as part of its approval for the Annual Plan. Initiation and funding of these projects would not constitute a substantial amendment as defined above . Public notice The City of Carlsbad provides adequate notice of 15 or 30 days, depending on the subject of the notice, at all stages of the Consolidated Plan process to encourage participation by interested parties. To allow for informed comment, notices provide specific information regarding the subject of the notice including anticipated amount of funding, eligible types of activities, expected benefit to low and maEleFate iAEamemoderate-i ncome persons, staff contact information, date, time and location of the event. Notices are published in the San Diego Union Tribune. The City of Carlsbad provides advance notice for the following specific documents: Document • Citizen Participation Plan • Five-Year Consolidated Plan • Annual Plan • AFH • Substantial Amendment . CAPER Access to Information and Records Noticing period 30 days 30 days 15 days 30 days 30 days 15 days Any citizen, organization, or other interested party may submit written requests for information regarding the Consolidated Plan, Annuals Plan, AFH, and CAPER, including the city's use of funds under the CDBG programs and the benefit to low-moderate income residents during the preceding five years. The Citizen Participation Plan, the Consolidated Plan, the current Annual Plan, the current AFH, the current CAPER, and any substantial amendments to these plans will be available for public review at Carlsbad City Hall, 1200 Carlsbad Village Drive, and on the city's website . Technical Assistance Upon request, the City of Carlsbad works with individual s or groups which represent lower income people to develop proposals for funding assistance under the Consolidated Plan programs. Carlsbad staff does provide technical assistance for proposals that strengthen and expand th e role of community based development organizations in planning for eligible activities. 6 of 8 February 19, 2019 Item #2 Page 20 of 22 Anti-displacement The City of Carlsbad strives to avoid and minimize the displacement of individuals as a result of the HUD funded activities . Therefore, to the greatest extent possible, the city: • Considers the impact of displacement in the site selection, during the project planning phase. • Provides information to displaced individuals on available assistance and relocation benefits. Prior to approval of any HUD funded activities with the potential for temporary or permanent displace of individuals, the responsible agency (city or private developer) provides a written plan of action for comparable replacement low-income housing and assistance to displaced persons, based on the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (URA), 49 CFR part 24 . Changes in federal funding level Any changes in federal funding level after the comment period of either the Draft Consolidated Plan and/or Action Plan has expired, the resulting effect on the distribution of funds will not be considered an amendment or a substantial amendment. Assurances The City of Carlsbad assures that the most diligent effort will be made to comply with the process and procedures outlined in this Citizen Participation Plan . Comment and Complaint Process The city will consider any comments from citizens received in writing or orally at public hearings in preparing this Citizen Participation Plan, the Consolidated Plan, Annual Plan, CAPER, AFH, and/or substantial amendments to these plans . A summary of all comments will be attached and submitted to HUD. The city will respond to written complaints received relating to the Consolidated Plan, Annual Plan, AFH, CAPER, and/or substantial amendments . Written complaints must describe the objection and provide contact information of the complainant. The city will respond to complaints within 15 working days of receiving the written complain, acknowledging the letter and identifying a plan of action, if necessary. Correspondence may be addressed to: City of Carlsbad C/o Courtney Pene Housing and Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 Persons wishing to contact the Los Angeles Area HUD Office may address correspondence to: U.S. Housing and Urban Development C/o Ray Brewer 300 North Los Angeles Street Suite 4054 Los Angeles, CA 90012 7 of 8 February 19, 2019 Item #2 Page 21 of 22 Definitions Annual Plan: A one year (July 1-June 30) planning document, detailing approved funding allocations for specific eligible activities. The Annual Plan is submitted to HUD 45 days prior to the beginning of the program year. CDBG : Community Development Block (CDBG) is a HUD grant which provides for a variety of community development programs that benefit low and moderate iREomemode rate-income persons . CAPER: The Consolidated Annual Performance and Evaluation Report (CAPER) is prepared at the end of the program year to detail how funds were actually expended and the extent to which these funds were used for activities that benefitted low and moderate iRcememodera t e-inco me people. The CAPER is submitted to HUD within 90 days of the program year end . CFR: The Code of Federal Regulations (CFR) is the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the U.S. government. Five-Year Consolidated Plan : A five...ye;Hf ive-year planning document and application for funding which establishes the city's priorities and strategies for use of HUD administered funding. HUD : U.S. Department of Housing and Urban Development (HD) is the federal agency which administers and provides guidance for the Consolidated Plan process and use of federal funds such as CDBG . Low and Moderate IREomeModerate Income Persons: Individuals from households with a total income that does not exceed 80 percent of the median household income for the area adjusted for the family size. 8 of 8 February 19, 2019 Item #2 Page 22 of 22 Morgen Fry From: Sent: To: Cc: Subject: Morgen, Council Internet Email Tuesday, February 19, 2019 10:36 AM Morgen Fry Kira Linberg; City Clerk FW: Item 2, in re Resolution amending CD.BG This email relates to an item on the agenda tonight. Please distribute to council. Andi From : simon angel Sent: Tuesday, February 19, 2019 8:15 AM To: Council Internet Email <C ityCouncil@carlsbadca.gov> All Receive -Agenda Item # :;)- For the Information of the: CllYCOUllL ✓ AC_M .tl_ CA 'l/_ ~C Date ~CM ...\l COO V Cc: T. J.Childs< Michele Montenez Diana Diana Michael Ajdour Mary Anne Viney Lisa Mckethan Amanda Mascia Patricia Amador Socorro Anderson Subject: Item 2, in r e Resolution amending CDBG The Barrio Carlsbad Community Advocates wish to express support for the Resolution regarding Citizen Participation in the CDBG Plan. We request that the City Council adopt the Resolution and staff recommendations, particularly with regard to option #2 at page 2. We applaud the City's efforts to improve and expand citizen participation in the processes of the city that impact communities and that may have a positive influence going forward within the individual districts. Simon Angel Debbie Fountain & Courtney Pene February 19, 2019 Community Development Block Grant Citizen Participation Plan Amendment November 27, 2018 •Council directed staff to return with options for appointing the Community Development Block Grant Citizen Advisory Committee based on Council Districts rather than quadrants. Citizen Participation Plan •Current CPP 2018 requires Citizen Advisory Committee •Composition •Local policy CDBG Citizen Advisory Committee Options 1.Maintain status quo of the 4 geographical quadrant representatives and Housing, Planning, Senior Commissions 2.Revise membership to appoint resident representatives from City Council Districts 3.Revise the member to appoint resident representatives at-large; no district or quadrant 4.Transition the role and responsibilities to the Housing Commission; sunset the Citizen Advisory Committee 5.Transition the role and responsibilities to the City Council for consideration and funding approvals Recommendation for CDBG Citizen Advisory Committee •Option 2: revise the resident representation to City Council Districts for 2019 •Option 4: transition role and responsibilities of the CDBG Citizen Advisory Committee to Housing Commission in 2020 Option 2, suggested appointment process•Mayor will consider and confirm the recommended nominations from the Planning and Senior Commissions •Council Member Hamilton will recommend a resident representative for District 1 •Mayor Pro Tem Bhat-Patel will recommend a resident representative for District 3 •Mayor to task Council Member Blackburn and Schumacher to bring forth a joint nomination Annual Funding Cycle Schedule •November 1 -27: City Council approves the Funding Plan and the Request for Proposals •November 28: RFP release •November 28 -December 28: 30 day call for applications and submission •January 15 –January 30: City Council appoints Citizen Advisory Committee; hold orientation for new committee members •February 13: Citizen Advisory Committee review, consider, and recommend funding •March 11 –26: 15 day public notice period on proposed funding allocations •March 26: conduct a Public Hearing, staff presents funding recommendations to the Council which provides space for public participation •March 27 -April 22: staff prepares final report •April 22: 15 day public notice for second public hearing and public review on final report •May 7: conduct a second Public Hearing, staff presents final report to be submitted to HUD for funding 2019 Funding Cycle Schedule •November 27: City Council approves the Funding Plan and the Request for Proposals, request revisions to CPP •November 28: RFP release •November 28 -December 28: call for applications and submission •January 2 –18: staff report prepared providing options for Citizen Advisory Committee composition •January 18: 30 day review notice published for revisions to the CPP •February 19: review of CPP and action by City Council •February 20 –March 19: Council consideration of CDBG Citizen Advisory Committee appointments •March 19: Council appointments to CDBG Citizen Advisory Committee •March 20 -April 3: meetings with CDBG Citizen Advisory Committee •April 26: 15 day public notice for final report and citizen participation •May 7: conduct a Public Hearing, staff presents final report to be submitted to HUD for funding Staff recommendation •Option 2: revise the resident representation to City Council Districts for 2019 and transition to Option 4 in 2020 to revise the role and responsibilities of the Housing Commission to act as the CDBG Advisory Committee