Loading...
Citizen Participation Plan Amen i5~~-@uE ~<Æ~ MEMORANDUM July 27,2004 " ,-, TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Co' SUBJECT: Citizen Participation Plan Amendment The Citizen Participation Plan identifies the process for citizens to participate in the development of the Consolidated Plan, each Annual Action Plan, the Consolidated Annual Performance and Evaluation Report (CAPER) and any amendments for the CDBG program, Federal rules require that every five years the City prepare and file a Consolidated Plan whereby the community establishes a unified vision for community development activities. During the five-year planning period, an Annual Action Plan is prepared each year prior to receipt of its Community Development Block Grant (CDBG) entitlement. The five year Consolidated Plan and each year's Annual Action Plan guide the City's use of Community Development Block Grant (CDBG), HOME and other federal funds which are made available from the U.S, Department of Housing and Urban Development (HUD). Housing and Community Development Department Director David Harris is recommending City Council approval of changes in the City's Community Development Block Grant program Citizen Participation Plan, which have already been approved by the Community Development Advisory Commission. In Section 3, the substantial amendment definition has been revised. A substantial amendment requires a 30-day citizen comment period prior to a public hearing and adoption by the Commission and City Council. Currently a substantial amendment includes any change in the use of CDBG funds from one eligible activity to another in excess of $25,000 or which would cumulatively result in the transfer of more than $25,000 from one activity to any other activity(s) during anyone program year; except that when a disaster has been declared by the Governor or Mayor, then up to 10% of Entitlement plus Program Income for the program year may be transferred among activities without requiring a substantial amendment. This provision would be removed and replaced with 'any change in the purpose, scope, location or beneficiaries of an activity'. This would allow funding to be moved from one activity to another within the approved plan but would require public comment if the activity itself is restructured. I concur with the recommendation and respectfully request Mayor and City Council approval. /JiliLi/ (1; :11; Michael C, Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Director ~~ ~<Æ~ MEMORANDUM July 19, 2004 FROM: Mich~~an Milligen, City Manager David '~arris, Housing and Community Development TO: SUBJECT: Citizen Participation Plan Amendment INTRODUCTION This memorandum presents for City Council consideration a proposed change in the City's Community Development Block Grant (CDBG) program Citizen Participation Plan. This amendment was discussed and approved by the Community Development Advisory Commission on July 14th. BACKGROUND The Citizen Participation Plan identifies the process for citizens to participate in the development of the Consolidated Plan, each Annual Action Plan, the Consolidated Annual Performance and Evaluation Report (CAPER) and any amendments for the CDBG program. Federal rules require that every five years the City prepare and file a Consolidated Plan whereby the community establishes a unified vision for community development activities. During the five-year planning period, an Annual Action Plan is prepared each year prior to receipt of its CDBG entitlement. The five year Consolidated Plan and each year's Annual Action Plan guide the City's use of Community Development Block Grant (CDBG), HOME and other federal funds which are made available from the U.S. Department of Housing and Urban Development (HUD). The Consolidated Plan and/or Annual Action Plan are adopted following a public participation process, which includes a published notice, a public comment period, and a public hearing. A city must follow its adopted plans as it expends entitlement funds. If its revenues or activities change, the city must amend. DISCUSSION In preparation for the new Consolidated Plan, an updating of the Citizen's Participation Plan is being proposed. Certain administrative changes have occurred which will now to be reflected in the Plan. The Plan deletes references to the 'Community and Economic Development Department' and replaces with 'Housing and Community Development Department'. The name ofthe Commission has been updated to 'Community Development Advisory Commission'. The outreach efforts section has deleted those efforts that no longer are being used and inserted the use of the city website. The public hearing notifications will now include the current requirement of publication in the general section of the newspaper. In Section 3, the substantial amendment definition has been revised. A substantial amendment requires a 30-day citizen comment period prior to a public hearing and adoption by the Commission and City Council. Currently a substantial amendment includes any change in the use of CDBG funds from one eligible activity to another in excess of $25,000 or which would cumulatively result in the transfer of more than $25,000 from one activity to any other activity(s) during anyone program year; except that when a disaster has been declared by the Governor or Mayor, then up to 10% of Entitlement plus Program Income for the program year may be transferred among activities without requiring a substantial amendment. This provision would be removed and replaced with 'any change in the purpose, scope, location or beneficiaries of an activity'. This would allow funding to be moved from one activity to another within the approved plan but would require public comment ifthe activity itself is restructured. A mark-up copy of the proposed amendment is attached. RECOMMENDATION The Community Development Advisory Commission voted to approve the proposed changes and to recommend them to the City council at its July 14th meeting. I recommend that the City Council approve the above-described amendment to the City's Citizen Participation Plan. ACTION STEP The Action Step is for the City Council to adopt the attached resolution. Prepared by Aggie Tauke, Community Development Specialist F:IUsersIATAUKEICDBGICitizen Participationlcnizen particip plan amend 04.doc RESOLUTION NO. 320-04 RESOLUTION AMENDING THE CITIZEN PARTICIPATION PLAN BY REPEALING THE EXISTING PLAN AND ADOPTING A NEW CITIZEN PARTICIPATION PLAN IN LIEU THEREOF FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Whereas, the City Council of the City of Dubuque, Iowa adopted a Citizen Participation Plan (the "Plan") which set forth a process for citizen involvement in the development of the City's Community Development Block Grant (CDBG) program on September 8, 1992; and Whereas, the City Council has amended the Plan from time to time; and Whereas, the Community Development Advisory Commission has proposed and recommended approval to the City Council an amendment to the Plan as described in Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Citizen Participation Plan is hereby repealed and a new Citizen Participation Plan as shown in Exhibit A is hereby adopted in lieu thereof; Section 2. That said Amendment shall become effective immediately. Section 3. That the Plan as amended shall be filed in the Housing and Community Development Department as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 2nd day of August 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC City Clerk City of Dubuque, Iowa Citizen Participation Plan For the Development of the City's Community Development Block Grant Program PROPOSED AMENDMENT JUL Y 2004 [Additions show in italics and brackets} DeletisRS S~9I'.'R wiItt stRketllFÐlIglIs. CITIZEN PARTICIPATION PLAN TABLE OF CONTENTS Introduction """""""" """"""""""" "" '" '" '" ",... 2 II. Development of Consolidated Plan and Annual Action Plans, "." '" '" '" '" "" 2 III. Amendments to the Consolidated Plan and Annual Action Plans """."."." ".".m"""" 3 IV. Performance Reports .".""""" "..,.".".".".".., "."."."."m" 3 V. Citizen Access ' ".".".""""""" 4 Outreach Efforts. 4 Public Meetings ... .,."."."."."."." "."."."."."",... .""".".".".".,......,."., 4 Public Hearings, "".""."."."." ".""".""",.. "."."."."""" 5 Information and Records Availability , "."."""m"." """""""",." 5 Technical assistance. 6 Activity Promotion "."."."."."."." ".."."."."."." """""""",." 6 VI. Complaints , .,.".".".".""", ",."",."."",. ""."m."."" 6 VII. Amendments to Citizen Participation Plan .,.".".".".,.... 7 APPENDIX CDBG Program Year Calendar Section I. Introduction This CITIZEN PARTICIPATION PLAN (the "Plan") is a revision of a plan adopted by the City of Dubuque, Iowa (the "City") on September 8, 1992, This Plan reflects changes required by amendments to the Housing and Community Development Act for the Consolidated Plan process. This Plan shall provide for and encourage citizens to participate in the development of the Consolidated Plan and each Annual Action Plan, any substantial amendments to the Consolidated Plan or Annual Action Plan and the annual Performance Report. The Consolidated Plan and each year's Annual Action Plan guide the City's use of Community Development Block Grant (CDBG), HOME and other federal funds which are made available from the U.S, Department of Housing and Urban Development (HUD). The Performance Report provides an assessment of funds eJC )ended and a quantitative analysis of program or project outcomes. This entire Consolidated Plan process shall be integrated into the City's overall yearly goal-setting and budget process and shall provide for citizen access designed to encourage participation by low and moderate income persons, as well as the general public, The City Community Development [Advisory} Commission, as provided in Chapter 15 ofthe City Code, shall sponsor the Consolidated Plan process and shall ensure that this Citizen Participation Plan is followed by the City. The Community Development [Advisory} Commission shall work with the City Housing Commission and other appropriate City Boards or Commissions in the development of the Consolidated Plan and Annual Action Plan. Section II. Development of the Consolidated Plan and Annual Action Plans The Community Development Advisory Commission will hold a series of public meetings during the development of the Consolidated Plan and/or Annual Action Plan that would include identifICation of community housing and non-housing needs, prioritization of needs, strategy development to meet identified needs and budget recommendations to implement those strategies. Citizen access opportunities, as identified in Section V of this Plan, shall be utilized to increase participation in Consolidated Plan development. The Community Development Advisory Commission shall hold at least one public hearing, as outlined in Section Vof this Plan, prior to publication of a draft plan for comment and shall provide not less than a 30 day public comment period before final action [by the City Council.] The Consolidated Plan and/or Annual Action Plans shall be adopted by the Community Development Advisory Commission and forwarded to the City Manager. The City Council shall act on the proposed Consolidated Plan and/or Annual Action Plan. Adoption by Resolution of the City Council is required prior to submission to HUD, A summary of the draft Consolidated Plan and/or Annual Action Plan shall be published in one or more newspapers of general circulation, and for citizen distribution, prior to the commencement ofthe 30 day public comment period, The complete document shall be available for review as outlined in Section V of this Plan, Any public comments received during the comment period or at the public hearings shall be considered and shall be summarized and attached to the Consolidated Plan and/or Annual Action Plan prior to submission to HUD, This shall include a summary of any comments or views not accepted and the reasons therefore, 3 Section III. Amendments to the Consolidated Plan and Annual Action Plans Amendments to the Consolidated Plan and/or Annual Action Plan shall be required whenever the City seeks to: a) b) make a change in its allocation priorities or a change in the method of distribution of funds; carry out an activity, using funds from any program covered by the Consolidated Plan, not previously described in the Annual Action Plan: or change the purpose, scope, location or beneficiaries of an activity. c) Amendments shall be categorized as "substantial" or "non-substantial". "Substantial" amendments shall mean: [Any change in the purpose, scope, location or beneficiaries of an activity;} fl.RY GhaRge iR the uso at CDBG fIIRds from eRe eligillie aSÖ'lity te aRother iR l!JCSess at $26,000 or whiGII 'ff9uld sumulalMlly result if! the wRster et mere thaR $26,000 from ORe aolivil}' Ie aRY ether aGlivity(s) dURRg aRY eRe IIFÐglam year; l!JCSept that wIIOR a disaster lias beeR deGlared by the Ge'JerRer er Mayer, IlleR IIp to 1IJ% at EAtitlemeAt III~s PFOgFam IRGeme fer the lIn3glam year may be IFaAsferr-ed amoRg aGtivities witheut requiFiRg a subskmtial ameRdmeRt The addition [of any activity not previously described in the Annual Action Plan}; The deletion of any activity in the Annual Action Plan: Any change reflecting the increase or decrease of overall program funding; Any application for M108 funding. All other amendments shall be considered "non-substantial". Non-substantial amendments shall be adopted by Resolution of the City Council after the review and recommendation of the Community Development Commission. In the case of substantial amendments, the Community Development Commission shall, following a 3O-day public comment period, hold a public hearing as outlined in Section V of this Plan. The Commission shalllhen forward the recommended amendment, with comments, to the City Manager. The City Manager shall forward his or her recommendation to the City Council, along with the Commission's recommendation, for final action, The City Council shall approve any amendment by Resolution prior to submission to HUD. Amendmenls shall be submitted to HUD as each occurs or at the end ofthe program year. Any public comments received during the comment period or at the public hearing shall be considered and shall be summarized and attached to the substantial amendment prior to submission to HUD. This shall include a summary of any comments or views not accepted and the reasons therefore. Section IV. Performance Reports A Performance Report identifies the final budget eJC )Bnditure and performance results for each Annual Action Plan activity from the currently completed program year and any oulstanding actMies from prior program years, Performance Reports shall be submitted to HUD within 90 days after the close of the City's CDBG program year. The City's program year corresponds to the City's fiscal year which runs from July 1 to June 30 of each year. A Performance Report shall be submitted to HUD by September 30, Prior to submission to HUD, the Community Development Commission shall, following a 15 day public comment period, hold a public hearing as outlined in Section V of this Plan. The Commission shall then forward the Performance Report, with comments, to the City Council for final action. The City Council shall approve the Performance Report by Resolution prior to submission to HUD. Any public comments received during the comment period or at the public hearing shall be considered and shall be summarized and attached to the Performance Report prior to submission to HUD. 4 ~- Section V. Citizen Access Outreach Efforts The City is committed to making reasonable and timely access to the needs assessment, strategy development and budget recommendation process of the Consolidated Plan possible for all members of the community, especially low and moderate income persons, The following outreach efforts are illustrative of measures that may be taken as appropriate to provide citizen access to the Consolidated Plan process, Faiure to use anyone of these shall not be considered a violation of this Plan. Mailing List: Develop a comprehensive mailing list [of interested parties, public and private agencies that provide assisted housing, health services and social services J,iRGluaiRg assistea ~eUSiR¡¡ teRaRts aRe OperatiSR: New View GlieRts, and use to send summary information and public hearing or comment period notices. Targeted Survey: Survey service providers. community agencies and key informants prior to Consolidated Plan or Annual Action Plan development for information regarding community needs, existing services to meet those needs and their assessment of any gaps in meeting those needs. including new strategies to address outstanding needs, City FaGus: blse this qualleFly City Re\f.'slelter, "micll is seAt Ie e'19I)' lIeusellela, Ie lIigllli¡¡lI! the Ccmseliaalea PlaR ae'JelapmeRt, implementatieR aRe meRiteFiRg pr-esess, with mail bask semmeR! term, City Channel 8: Create and run public service announcements about the CDBG program and Consolidated Plan process to inform, educate and promote citizen participation. Neighborhood Councils: Invite neighborhood groups to participate and to coordinate with their own neighborhood planning and implementation efforts. Church Bulletins: Publicize public hearing participation opportunities through this medium, especially in churches located in the low/mod income area-. CDBG Week: Use this national recognition week to promote local success stories related to CDBG funding. This may include awards, special project open houses, keynote speakers and neighborhood walks with City Council members [or other promotion activities.} City Expo: Use this annual public relations event to promote the Consolidated Plan process. Print Media: Publicize the proposed Annual Action Plan wi!1I a mail bask GemmeRt term during the 30 day comment period between City Budget publication (January) and public hearing with the City Council (February), All Media: Use media releases about the Consolidated Plan process and citizen participation opportunities throughout the CDBG program year, insluaing tile Telegraph Hemla CiYis Page, raaie talk shO'.\ls aRe leGal KOble lV [City Website: Use this electronic fonnat to publicize public hearing participation opportunities and to highlight the Consolidated Plan development, implementation and monitoring process.] Public Meetings The Community Development [Advisory] Commission shall hold regular monthly public meetings at the Carnegie-Stout Public Library Auditorium, 11 th and Bluff, Dubuque, Iowa 52001, unless otherwise determined and proper notice given. These meetings shall be used for regular Commission business and when a public hearing is not necessary, 5 Notice of public meetings shall be sent to all media in accordance with the Iowa Open Meetings Law and shall be posted on the City Clerk's Bulletin Board located on the First Floor of City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. Minutes shall be taken of all public meetings and shall be available for public review at the [Housing and) Community aRB EGeRemÍG Oe'¡ele meRI Department, [1805 Central}, SegeRS ¡;Ieer, City Hall, 59 'N. 131~ Street, Dubuque, Iowa 52001 during regular working hours, All meetings shall be IIaFKIiÐap accessible (to persons with disabilities,) and, upon adequate notice and subject to the availab~ity of assistance, a translator shall be provided for hearing impaired or non-English speaking residents. Public Hearings The Community Development (Advisory) Commission shall hold public hearings as required by the Consolidated Plan process, at times and locations appropriate and convenientfor maJCimum public participation, The Commission shall attempt to hold these hearings at their regularly scheduled meeting time and place. Alternate dates, times and locations may be used as necessary. Notice of all public hearings shall be published in the official newspaper as designated by the City Council not more than twenty (20) nor less than four (4) days prior to the date of the hearing. The notice shall include the time, day and date of the hearing, its location, a general statement regarding its purpose and any other more specifIC information required by the Consolidated Plan, amendments or Performance Report[ In addition to the official legal notice, a notice shall also be published in the general section of the newspaper.} Notices shall also be sent to all media in accordance with the Iowa Open Meetings Law and shall be posted on the City Clerk's Bulletin Board located on the First Floor of City Hall, 50W 13th Street, Dubuque, Iowa 52001, Minutes shall be taken of all public hearings and shall be available for public review at the [Housing and} Community aRB EooRemÍG Development Department, (1805 Central,) SeGeRS Fleer, City Hall, 59 W. 13111 StFeeI, Dubuque, Iowa 52001 during regular working hours. All meetings shall be IIaFKIiÐap accessible [to persons with disabilities] and, upon adequate notice and subject to the availability of assistance, a translator shall be provided for hearing impaired or non-English speaking residents. Information and Records Availability The Consolidated Plan (as proposed, adopted or amended), Performance Reports and this Cilizen Partq¡ation Plan shall be available in print formal for public review during regular working hours at the following locations: Cemm~RiI>l ana EGeRemia Devele meRt De artmeRt 2RS ¡;le9r, City Hall [City Clerk's Office) 50 W. 13th Street Dubuque, Iowa 52001 319/589 ~210 [563-589-4120} Housing (and Community Development] SeFYiGes Department 1805 Central Avenue Dubuque, Iowa 52001 3-t9{563}1589-4230 Carnegie-Stout Public Library Reference Desk [360 West 11th Street) 11111 aRB Bluff Dubuque, Iowa 52001 ~ [563}/589-4221 6 Additional information is available for public review in print format at the offices of the [Housing and] Community aRd EooRemÍG Development Department during regular working hours and includes: a) b) c) d) e) amount of assistance the City expects to receive (including grant funds and program income); the range of eligible activities that may be undertaken; the estimated amount of funds anticipated to benefrt low and moderate income persons; the adopted Uniform Relocation Act which regulates public responsibility and actions associated with the displacement of persons resulting from a HUD.funded project; and records relating to the Consolidated Plan and the City's use of assistance during the preceding five (5) years, This information shall be provided in a format accessible to persons with disabilities, upon adequate notice. Requests for additional information may be made to the Director of [Housing and} Community aIKI EÐeRemÍG Development at the address and phone listed above. A response shall be provided within fifteen (15) working days of receipt of the request, where practicable, Summary materials regarding the Consolidated Plan, amendments and Performance Reports shall be available without charge. A reasonable number of free copies of the entire Consolidated Plan shall be made available to citizens and groups upon request. Photocopier charges and miscellaneous charges for other related services and materials shall be assessed in accordance with the City's Administrative Policies, Technical Assistance Technical assistance shall be provided to groups representative of persons of low and moderate income that request such assistance in developing proposals for funding under any of the activities covered by the Consolidated Plan. The level and type of assistance provided shall be on a case.by-case basis as determined by the City Manager or his or her designee and shall be subject to budgeted resources authorized by the City Council. Activity Promotion After the adoption of each Annual Action Plan by the City Council, activities funded in the plan shall be actively promoted to ensure full access to and utilization of funds as budgeted. BelA The [Housing and} Community aRa EseRemÍG Development Department aRd tile Hell6iRg SeFIIÍGes DepaFtment shall have primary responsbility for activity promotion; however, other City departments and subrecipients shall be responsi>Ie for ensuring reasonable and timely promotion and access to the projects, programs and services made possbIe by CDBG and other HUD funding. Section VI. Complaints Complaint Procedure Citizen complaints related to the Consolidated Plan, amendments and/or Peñormance Report shall be handled in the following manner: a) The Director of the [Housing and} Community aRd EooRemia Development Department shall accept complaints at any time during the course of the CDBG program year. Although verbal complaints will be accepted, only written complaints will be responded to in writing. b) Written complaints shall contain a concise statement ofthe complaint and an explanation of the action desired, c) Complaints shall be investigated and responses to written complaints shall be made within fifteen (15) working days after a complaint is received. d) Copies ofthe complaint and the response shall be forwarded to the City Manager and the Community Development [Advisory} Commission, 7 Should the complainant not be satisfied w~h the response, the aggrieved person(s) shall: e) f) File the complaint with the City Manager, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001, Complaints must be received by the City Manager w~hin one (1) year of the alleged occurrence, Complaints shall be filed in wr~ing and shall contain a concise statement of the complaint, an explanation of the action desired and the reason for dissatisfaction with the in~ial response. g) The City Manager shall forward the complaint to the Community Development [Advisory} Commission, h) The Community Development [Advisory} Commission shall, at its next regularly scheduled meeting, set a date for a hearing. The aggrieved person(s) shall be notified in wr~ing of the time and place of the hearing. If a complaint is resolved prior to the date of the hearing, the aggrieved person(s) shall request in writing that the complaint be withdrawn. The Community Development [Advisory} Commission shall conduct a hearing to review the filed complaint. The hearing shall be open to the public, The aggrieved person(s) may appear in person, by agent or by attorney, All persons wishing to appear before the Commission shall have an opportunity to be heard, Minutes shall be kept of the proceedings of the hearing. The Community Development [AdvisOlY} Commission shall forward its recommendation, in wrimg, to the City Manager w~hin ten (10) working days following the hearing, i) j) k) The City Manager shall receive and review the recommendation of the Community Development [Advisory} Commission and shall respond to the aggrieved person(s) within ten (10) working days of the receipt of the recommendation. The Community Development [Advisory} Commission shall be advised of the action of the City Manager. Standards for Review The Community Development [Advisory} Commission, in its review of the complaint, shall be guided by standards set by HUD under Title I of the Housing and Community Development Act of 1974, as amended, the Code of Ordinances of the City of Dubuque, Iowa and the City's Administrative Policies. Opportunity for Appeal If the aggrieved person(s) is unsatisfied w~h the response of the City Manager, an appeal may be made to the City Council. Such an appeal shall be filed, in wr~ing, w~h the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001, The appeal shall be forwarded by the City Clerk to the City Council. The Council may, at its discretion, hold a hearing to consider the concerns of the aggrieved person(s). Upon the completion of their review of the appeal, the City Council shall move to 1) accept the response of the City Manager; or 2) modify the response ofthe City Manager; or 3) return the complaintto the City Manager for further review, If the outcome of such an appeal is unsatisfactory, the aggrieved person(s) may file a written appeal with HUD. Correspondence with HUD should be directed to the Community Planning and Development Division, Omaha OtrlCe Region VII, Executive Tower, 10909 Mill Valley Road, Omaha, Nebraska, 68154.3955. Section VII. Amendments to Citizen Participation Plan This Plan may be amended by Resolution of the City Council as necessary or appropriate after review and recommendation by the Community Development [Advisory} Commission. All amendments shall be consistent with the requirements of HUD, F:IUsersIATAUKEICDBGlCitizen ParticipationlCilizen Participation Plan proposed Amend a'.doc 8 RESOLUTION NO. RESOLUTION AMENDING THE CITIZEN PARTICIPATION PLAN BY REPEALING THE EXISTING PLAN AND ADOPTING A NEW CITIZEN PARTICIPATION PLAN IN LIEU THEREOF FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Whereas, the City Council of the City of Dubuque, Iowa adopted a Citizen Participation Plan (the "Plan") which set forth a process for citizen involvement in the development ofthe City's Community Development Block Grant (CDBG) program on September 8, 1992; and Whereas, the City Council has amended the Plan nom time to time; and Whereas, the Community Development Advisory Commission has proposed and recommended approval to the City Council an amendment to the Plan as described in Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Citizen Participation Plan is hereby repealed and a new Citizen Participation Plan as shown in Exhibit A is hereby adopted in lieu thereof, Section 2. That said Amendment shall become effective immediately. Section 3. That the Plan as amended shall be filed in the Housing and Community Development Department as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this day of August 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:\UsersIAT AUKEICDBGICitizen ParticipationlCitizen Participation.amd,res.doc Exhibit A City of Dubuque, Iowa Citizen Participation Plan For the Development of the City's Community Development Block Grant Program Amended August 2004 CITIZEN PARTICIPATION PLAN v, TABLE OF CONTENTS Introduction II. Development of Consolidated Plan and Annual Action Plans. """"""."... III. Amendments to the Consolidated Plan and Annual Action Plans ...."",,"""""""""'" .", 3 IV. Performance Reports. """"""""""" ,.."."",."",."., """""""""""",." Citizen Access """", ""."."."."" "."."."."."." ".""""."""".. Outreach Efforts ".". ".""""."."."."." """,.""""",." Public Meetings """""""""""""""""""""", """"""""""""""""" Public Hearings """", """""""""""""","" """""""""""""""", Information and Records Availability "."."." ,."."."."""""""",... Technical assistance """", """,.".".".".""", Activity Promotion. .."""..." ""...."...."."."." """"""""""""""""" VI. Complaints ... .",..".".,."",.".".".".,. """""""""""""""""""""" VII. Amendments to Citizen Participation Plan """"""""..."""" ".".".".".". APPENDIX CDBG Program Year Calendar 2 2 3 4 4 4 5 5 6 6 6 7 Section I. Introduction This CITIZEN PARTICIPATION PLAN (the "Plan") is a revision of a plan adopted by the City of Dubuque, Iowa (the "City") on September 8,1992. This Plan reflects changes required by amendments to the Housing and Community Development Act for the Consolidated Plan process. This Plan shall provide for and encourage citizens to participate in the development of the Consolidated Plan and each Annual Action Plan, any substantial amendments to the Consolidated Plan or Annual Action Plan and the annual Performance Report. The Consolidated Plan and each year's Annual Action Plan guide the City's use of Community Development Block Grant (CDBG), HOME and other federal funds which are made available from the U.S, Department of Housing and Urban Development (HUD), The Performance Report provides an assessment of funds expended and a quantitative analysis of program or project outcomes. This entire Consolidated Plan process shall be integrated into the City's overall yearly goal-selting and budget process and shall provide for citizen access designed to encourage participation by low and moderate income persons, as well as the general public. The City Community Development Advisory Commission, as provided in Chapter 15 of the City Code, shall sponsor the Consolidated Plan process and shall ensure that this Citizen Participation Plan is followed by the City. The Community Development Advisory Commission shall work with the City Housing Commission and other appropriate City Boards or Commissions in the development of the Consolidated Plan and Annual Action Plan, Section II. Development of the Consolidated Plan and Annual Action Plans The Community Development Advisory Commission will hold a series of public meetings during the development of the Consolidated Plan and/or Annual Action Plan that would include identifICation ofcommunity housing and non-housing needs, prior~ization of needs, strategy development to meet identified needs and budget recommendations to implement those strategies. Citizen access opportunities, as identified in Section V of this Plan, shall be utilized to increase participation in Consolidated Plan development. The Community Development Advisory Commission shall hold at least one public hearing, as outlined in Section V of this Plan, prior to publication of a draft plan for comment and shall provide not less than a 30 day public comment period before final action by the City Council. The Consolidated Plan and/or Annual Action Plans shall be adopted by the Community Development Advisory Commission and forwarded to the City Manager. The City Councü shall act on the proposed Consolidated Plan and/or Annual Action Plan. Adoption by Resolution of the City Council is required prior to submission to HUD. A summary of the draft Consolidated Plan and/or Annual Action Plan shall be published in one or more newspapers of general circulation, and for c~izen distribution, prior to the commencement of the 30 day public comment period. The complete document shall be available for review as outlined in Section V of this Plan. Any public comments received during the comment period or at the public hearings shall be considered and shall be summarized and attached to the Consolidated Plan and/or Annual Action Plan prior to submission to HUD. This shall include a summary of any comments or views not accepted and the reasons therefore. 3 Section III. Amendments to the Consolidated Plan and Annual Action Plans Amendments to the Consolidated Plan and/or Annual Action Plan shall be required whenever the City seeks to: a) b) make a change in its allocation priorfties or a change in the method of distribution of funds; carry out an activity, using funds from any program covered by the Consolidated Plan, not previously described in the Annual Action Plan; or change the purpose, scope, location or beneficiaries of an activity. c) Amendments shall be categorized as "substantial" or "non-substantial", "Substantial" amendments shall mean: Any change in the purpose, scope, location or beneficiaries of an activity; The addftion of any activity not previously described in the Annual Action Plan; The deletion of any activity in the Annual Action Plan: Any change reflecting the increase or decrease of overall program funding: Any application for M108 funding, All other amendments shall be considered "non-substantial", Non-substantial amendments shall beadopled by Resolution of the City Counc~ after the review and recommendation of the Community Development Commission. In the case of substantial amendments, the Community Development Commission shall, following a 30.day public comment period, hold a public hearing as outlined in Section V of this Plan, The Commission shall then forward the recommended amendment, with comments, to the City Manager The City Manager shall forward his or her recommendation to the City Council, along with the Commission's recommendation, for final action. The City Council shall approve any amendment by Resolution prior to submission to HUD. Amendments shall be submitted to HUD as each occurs or at the end of the program year Any public comments received during the comment period or at the public hearing shall be considered and shall be summarized and attached to the substantial amendment prior to submission to HUD, This shall include a summary of any comments or views not accepted and the reasons therefore, Section IV. Periormance Reports A Performance Report identifies the final budget expenditure and performance results for each Annual Action Plan activity from the currently completed program year and any outstanding activities from prior program years, Performance Reports shall be submitted to HUD within 90 days after the close of the City's CDBG program year. The City's program year corresponds to the City's fISCal year which runs from July 1 to June 30 of each year. A Performance Report shall be submitted to HUD by September 30. Prior to submission to HUD, the Community Development Commission shall, following a 15 day public comment period, hold a public hearing as outlined in Section V of this Plan. The Commission shall then forward the Performance Report, with comments, to the City Council for final action. The City Council shall approve the Performance Report by Resolution prior to submission to HUD. Any public comments received during the comment period or at the public hearing shall be considered and shall be summarized and attached to the Performance Report prior to submission to HUD. 4 Section V. Citizen Access Outreach Efforts The City is committed to making reasonable and timely access to the needs assessment, strategy development and budget recommendation process of the Consolidated Plan possible for all members of the community, especially low and moderate income persons, The following outreach efforts are illustrative of measures that may be taken as appropriate to provide citizen access to the Consolidated Plan process. Faiureto use anyone of these shall not be considered a violation of this Plan. Mailing List: Develop a comprehensive mailing list of interested parties, public and private agencies that provide assisted housing, health services and social services and use to send summary information and public hearing or comment period notices. Targeted Survey: Survey service providers, community agencies and key informants prior to Consolidated Plan or Annual Action Plan development for information regarding comm unity needs, existing services to meet those needs and their assessment of any gaps in meeting those needs, including new strategies to address outstanding needs, City Channel 8: Create and run public service announcements about the CDBG program and Consolidated Plan process to inform, educate and promote citizen participation. Neighborflood Councils: Invite neighborflood groups to participate and to coordinate with their own neighborhood planning and implementation efforts. Church Bulletins: Publicize public hearing participation opportunities through this medium, especially in churches located in the low/mod income area, CDBG Week: Use this national recognition week to promote local success stories related to CDBG funding. This may include awards, special project open houses, keynote speakers and neighborhood walks with City Council members or other promotion activities, City Expo: Use this annual public relations event to promote the Consolidated Plan process, Print Media: Publicize the proposed Annual Action Plan during the 30 day comment period between City Budget publication (January) and public hearing with the City Council (February), All Media: Use media releases about the Consolidated Plan process and citizen participation opportunities throughout the CDBG program year. City Website: Use this electronic format to publicize public hearing participation opportunities and to highlight the Consolidated Plan development, implementation and monitoring process. Public Meetings The Community Development Advisory Commission shall hold regular monthly public meetings at the Carnegie-Stout Public Library Auditorium, 11th and Bluff, Dubuque, Iowa 52001, unless otherwise determined and proper notice given. These meetings shall be used for regular Commission business and when a public hearing is not necessary. Notice of public meetings shall be sent to all media in accordance with the Iowa Open Meetings Law and shall be posted on the City Clerk's Bulletin Board located on the First Floor of City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. Minutes shall be taken of all public meetings and shall be available for public review at the Housing and Community Department, 1805 Central, Dubuque, Iowa 52001 during regular working hours, All meetings shall be accessible to persons with disabilities, and, upon adequate notice and subject to the availability of assistance, a translator shall be provided for hearing impaired or non-English speaki1g residents. 5 Public Hearings The Community Development Advisory Commission shall hold public hearings as required bytheConsolidaled Plan process, at times and locations appropriate and convenient for maximum public participation. The Commission shall attempt to hold these hearings at their regularly scheduled meeting time and place. Alternate dates, times and locations may be used as necessary. Notice of all public hearings shall be published in the offICial newspaper as designated by the City Council not more than twenty (20) nor less than four (4) days prior to the date of the hearing. The notice shall include the time, day and date of the hearing, its location, a general statement regarding its purpose and any other more specific information required by the Consolidated Plan, amendments or Performance Report. In addition to the offICial legal notice, a notice shall also be published in the general section of the newspaper. Notices shall also be sent to all media in accordance with the Iowa Open Meetings Law and shall be posted on the City Clerk's Bulletin Board located on the First Floor of City Hall, 50 W. 13th Street, Dubuque, Iowa 52001. Milutes shall be taken of all public hearings and shall be available for public review at the Housing and Community Development Department, 1805 Central, Dubuque, Iowa 52001 during regular working hours. All meetings shall be accessible to persons with disabilites and, upon adequate notice and subject to the availability of assistance, a translator shall be provided for hearilg impaired or non-English speaking residents. Infonnation and Records Availability The Consolidated Plan [as proposed, adopted or amended], Performance Reports and this Citizen Participation Plan shall be available in print format for public review during regular working hours at the following locations: City Clerk's Office 50 W. 13th Street Dubuque, Iowa 52001 563-589-4120 Housing and Community Development Department 1805 Central Avenue Dubuque, Iowa 52001 563/589-4230 Carnegie-Stout Public Library Reference Desk 360 West 11th Street Dubuque, Iowa 52001 563/589-4227 Additional information is available for public review in printformat atthe offices ofthe Housing and Community Development Department during regular working hours and includes: a) b) c) d) amount of assistance the City expects to receive (including grant funds and program income); the range of eligible activities that may be undertaken; the estimated amount of funds anticipated to benefit low and moderate income persons; the adopted Uniform Relocation Act which regulates public responsibility and actions associated with the displacement of persons resulting from a HUD-funded project; and records relating to the Consolidated Plan and the City's use of assistance during the preceding fIVe (5) years, e) This information shall be provided in a format accessible to persons with disabilities, upon adequate notice. Requests for additional information may be made to the Director of Housing and Community Development at the address and phone listed above, A response shall be provided within fifteen (15) working days of receipt of the request, where practicable, 6 Summary materials regarding the Consolidated Plan, amendments and Performance Reports shall be available without charge. A reasonable number of free copies of the entire Consolidated Plan shall be made available to citizens and groups upon request Photocopier charges and miscellaneous charges for other related services and materials shall be assessed in accordance with the City's Administrative Policies, Technical Assistance Technical assistance shall be provided to groups representative of persons of low and moderate income that request such assistance in developing proposals for funding under any of the activities covered by the Consolidated Plan. The level and type of assistance provided shall be on a case-by-case basis as determined by the City Manager or his or her designee and shall be subject to budgeted resources authorized by the City Council. Activity Promotion After the adoption of each Annual Action Plan by the City Council, activities funded in the plan shall be actively promoted to ensure full access to and utilization of funds as budgeted. The Housing and Community Development Department shall have primary responsibility for activity promotion; however, other City departments and subrecipients shall be responsible for ensuring reasonable and timely promotion and access to the projects, programs and services made possible by CDBG and other HUD funding, Section VI. Complaints Complaint Procedure Citizen complaints related to the Consolidated Plan, amendments and/or Performance Report shall be handled in the following manner: a) The Director of the Housing and Community Development Department shall acceptcomplai1ts at any time during the course of the CDBG program year. Although verbal complaints will be accepted, only written complaints witl be responded to in writing. b) Written complaints shall contain a concise statement ofthe complaint and an explanation of the action desired, c) Complaints shall be investigated and responses to written complaints shall be made within fifteen (15) wor1<.ing days after a complaint is received. d) Copies of the complaint and the response shall be forwarded to the City Manager and the Community Development Advisory Commission. Should the complainant not be satisfied with the response, the aggrieved person(s) shall: e) File the complaint with the City Manager, City Hall, 50 W, 13th Street, Dubuque, Iowa 52001. Complaints must be received by the City Manager within one (1) year of the alleged occurrence, f) Complaints shall be filed in writing and shall contain a concise statement of the complaint, an explanation of the action desired and the reason for dissatisfaction with the initial response, g) h) The City Manager shall forward the complaint to the Community Development Advisory Commission. The Community Development Advisory Commission shall, at its next regularly scheduled meeting, set a date for a hearing, The aggrieved person(s) shall be notified in writing of the time and place of the hearing. If a complaint is resolved prior to the date of the hearing, the aggrieved person(s) shall request in writing that the complaint be withdrawn. The Community Development Advisory Commission shall conduct a hearing to review the f~ed complaint The hearing shall be open to the public, The aggrieved person(s) may appear in person, by agent or by attorney, All persons wishing to appear before the Commission shall have an opportunity to be heard. Minutes shall be kept of the proceedings of the hearing, i) 7 j) The Community Development Advisory Commission shall forward its recommendation, in writing, to the City Manager w~hin ten (10) working days following the hearing, k) The City Manager shall receive and review the recommendation of the Community Development Advisory Commission and shall respond to the aggrieved person(s) within ten (1 0) working days of the receipt ofthe recommendation, The Community Development Advisory Commission shall be advised of the action of the City Manager, Standards for Review The Community Development Advisory Commission, in its review of the complaint, shall be guided by standards set by HUD under Title I of the Housing and Community Development Act of 1974, as amended, the Code of Ordinances of the City of Dubuque, Iowa and the City's Administrative Policies. Opportunity for Appeal If the aggrieved person(s) is unsatisfied w~h the response of the City Manager, an appeal may be made to the City Council. Such an appeal shall be filed, in writing, w~h the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa 52001, The appeal shall be forwarded by the City Clerk to the City Council. The Council may, at its discretion, hold a hearing to consider the concerns of the aggrieved person(s). Upon the completion oftheir review ofthe appeal, the City Council shall move to 1) acceptthe response of the City Manager; or 2) modify the response ofthe City Manager; or 3) return the complaintto the City Manager for further review, If the outcome of such an appeal is unsatisfactory, the aggrieved person(s) may file a written appeal with HUD, Correspondence with HUD should be directed to the Community Planning and Development Division, Omaha OffICe Region VII, Executive Tower, 10909 Mill Valley Road, Omaha, Nebraska, 68154-3955. Section VII. Amendments to Citizen Participation Plan This Plan may be amended by Resolution of the City Council as necessary or appropriate after review and recommendation by the Community Development Advisory Commission, All amendments shall be consistent with the requirements of HUD, F:\Users\ATAUKE\COBG\C~izen Participation\C~izen Participation Plan Final O4.doc 8