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Res 058-2000 5/16/2000RESOLUTION NO. S8 --aM RESOLUTION BY THE CITY COUNCIL OF WICHITA FALLS ADOPTING THE CITIZEN'S PARTICIPATION PLAN FOR USE IN THE DEVELOPMENT OF THE CONSOLIDATED PLAN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, it is a requirement of the U.S. Department of Housing and Urban Development that all grantees must develop a written Citizen's Participation Plan that encourages participation of the public in the creation of the Consolidated Plan which is a five year plan for the use of federal funds; and WHEREAS, the City of Wichita Falls, acting as an Entitlement City in the Community Development Block Grant (CDBG) program and as a Participating Jurisdiction under the HOME Investment Partnership Act (HOME), must approve and adopt a Citizen's Participation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Council approves and adopts the attached Citizen's Participation Plan. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 16T" day of May 2000. ATTEST: City Clerk M OR City of Wichita Falls, TX Citizen's Participation Plan PURPOSE This Citizen's Participation Plan has been designed and adopted by the City of Wichita Falls, Texas to meet the requirements of the U.S. Department of Housing and Urban Development (HUD), as outlined in 24 CFR 9 1. 100 and 24 CFR 91.105, for the Consolidated Plan. This plan provides the means for citizen input in the development of the Consolidated Plan, any substantial amendment to the Consolidated Plan, and the year -end Performance Report. The plan provides the means to consult with the Wichita County Commissioners, other adjacent local units of government; agencies in the Interagency Forum and other social service providers; the City of Wichita Falls Public Housing Authority and their residents; the City of Wichita Falls Housing Division (the Section 8 Rental Assistance Office) and their voucher holders; and the general public. There will be a particular emphasis on participation by public housing and rental assistance families and other low and moderate income persons. The City will use input from these people and agencies in the development of projects and activities to be funded from the available federal funds. This Citizen's Participation Plan and any amendments to that plan are available to be viewed by the public in the Housing Division of the Community Development Department in Room 301, Memorial Auditorium, 1300 Seventh Street. This Citizen's Participation Plan explains the phases and interaction the Housing Division goes through to identify unmet needs and develop a list of proposed projects for the use of funds. The Housing Division is the agency that prepares and submits the required federal applications for funds. After the Consolidated Plan approval, the Division will administer the programs and provide guidance to sub - recipients. The year -end performance report describing the status of these activities is prepared to provide information to the public. This Citizen's Participation Plan indicates the method by which the City of Wichita Falls will provide citizens with reasonable access to the plan, time for examination of the completed plan, and appraisal of housing and non - housing activities (including the Plan and the support data in either printed form or on computer disk). The Consolidated Plan provides a method to evaluate and react to comments on the proposed use of funds. The City of Wichita Falls considers citizen's participation to be an integrated part of any project or activity. Low or moderate income persons should be able to provide the input of that group of persons being directly affected by the proposed activity. The City of Wichita Falls is an entitlement grantee for the Community Development Block Grant (CDBG) program and the Home Investment Partnership Act (HOME) programs. Working with the State of Texas and several local non - profit agencies, the City of Wichita Falls has applied for and been approved for the Emergency Shelter Grant Program (ESGP) funds from the State of Texas in the past. The Housing Division currently cooperates with the Wichita Falls /Wichita County Health unit to request funding under the Housing Opportunities for Persons With Aids (HOPWA) grant, with funds being passed through by the State of Texas with the Housing Division providing operational support. The planning and application process for these and many other federally funded programs is now combined with CDBG and HOME activities into the Consolidated Plan. LOCAL CONSULTATIONS When preparing the Consolidated Plan, the jurisdiction shall consult with other public and private agencies that provide assisted housing, health services, and social services (including those focusing on services to children, elderly persons, persons with disabilities, persons with HIV / AIDS and their families, and homeless persons). The consultation shall be at both the planning and final stages of the Consolidated Plan development. When developing the priorities for the non - housing needs of the plan, the City must consult with the adjacent units of local government. Transportation activities are coordinated with the Metropolitan Planning Organization (MPO) which handles mass transit and federal highway development. The MPO for the Wichita Falls area is part of the Planning Division of the City of Wichita Falls. The state or local health units will be consulted for information on any lead -based paint problems and for the health needs that are handled at the Central and Martin Luther King, Jr. health care units. The state or local child welfare agencies will be consulted in matters that can affect children or the family unit. The local low income Public Housing Authority is consulted regularly on matters related to assisted housing and on their Comprehensive Grant program request. The Section 8 Rental Assistance Public Housing Agency operates as part of the Housing Division which also develops the PHA plan, the Consolidated Plan and Community Development Activities and is involved all the way along the process. PUBLIC HEARINGS: The City must conduct at least two public hearings before adopting the Consolidated Plan. The City will, during the planning phase and while waiting for the scheduled public hearings, request and encourage input from any public service providers, the Housing Authority and any citizen or group of citizens concerning the proposed uses of federal funds. Citizens are encouraged to participate in the planning process and are also offered the opportunity to express their views and recommendations on the program any time during the year. Citizens or groups of citizens requesting funding for different types of neighborhood improvements may also bring those requests before the City Council at any regularly scheduled council meeting during the year and that request will be considered for future program years' planning process. To provide better outreach, the City will publish one of the public notices for the Plan as a larger- sized, standard print advertisement in a section of the Times Record News other than the classified ads. This notice will inform the public that the City is starting the planning process for the HUD Consolidated Plan. This notice will state the time, location and reason for the meeting and provide the telephone number of a contact person for anyone wishing additional information or assistance. The notice will specify the amount of the funds expected from all the above federal programs for that year and the amount, if any, of program income that has become available. During this same time period, the Housing Division Staff will prepare and mail direct notices to community groups. Upon request, an application packet that explains the mostly non - housing related activities under the Community Development Block Grant Program will be mailed or can be picked up at the Housing Division Office. An explanation of the program guidelines and a request for an application will be mailed directly to interested parties and from a mailing list of interested non - profits maintained in the Housing Division Office. Invitation to complete applications will also be placed on the Bulletin Boards in the City /County Health Unit, at the Martin Luther King Center, and at the City's Section 8 Housing Assistance and Public Housing Authority offices. Any group that calls the office will also be furnished a copy of the application. A list of eligible and ineligible activities will also be included in the mailing. The City has developed guidelines to evaluate those applications returned and to make recommendations to the City Council for approval. The City will also provide information on the proposed uses of the CDBG, HOME and other federal program funds to any currently- funded organizations so they may continue their projects that have been funded in previous years. Each year there are far more requests for funds than there are available funds. New projects could replace the existing - funded projects if the activities have a more urgent need. The City staff is the main source of information and requests for non - housing related funding. The Public Works, Fire and Parks Departments are involved with the development of proposed facility and infrastructure improvements to parks and streets in lower income neighborhoods. The City /County Health Unit provides information in the development of the budget for services at the health clinic of the Martin Luther King Center. The City /County Health Unit also requests funding for operational of services under the HOPWA program. The Community Development Department has five divisions that provides services under the plan and assists in the development of the plan. The Code Enforcement Division is partially funded by CDBG funds and will seek continued funding for slum and blight control projects. The Planning Division will assist in the development of the Consolidated Plan and make estimates of proposed long -term eligible planning activities. The Housing Division operates and administers the Section 8 Rental Assistance Programs, the Single Family Rehabilitation Programs, the Investor Owned Rental Rehabilitation Programs, the First -Time Homebuyers Program, the Urban Homesteading Program, In -Fill Housing Program, and the Emergency Repair Program. The division also monitors operations of Community Housing Development Organization (CHDO) activities and monitors the various activities of non - profit, sub - recipient social service providers. The Building Inspection Division of the department provides guidance for rehabilitation standards and projects, as well as to permit and inspect the work for code compliance. Property Management coordinates property acquisition for the Urban Homesteading program. Other City departments and divisions are also informed of the method of developing proposed uses of CDBG, HOME and other federal funds and how to suggest new projects. STEPS IN REVIEWING ACTIVITIES The proposed CDBG funded projects will be tested to establish that they are eligible as listed in 24 CFR 570.201 to 206 and not listed as ineligible in 24 CFR 570.207. After determining that the activity is eligible, the staff will evaluate it to insure that the activity meets the requirements of satisfying the CDBG National Objectives and that no less than 70% of all funds are expended to provide services to low and moderate income persons. The activities funded by the HOME Program, including the 15% set -aside for CHDOs, must meet the guidelines established in 24 CFR part 92. Eligible activities are located at 24 CFR 92.205 -213, with ineligible activities at 24 CFR 92.214. Persons or groups interested in the HOME Program must be reminded that all costs not associated with the administration of the program must be for projects that benefit only low income persons. A major factor in the HOME program planning and approval process is the method and amount of matching funds that are part of the planned activity. The other federally- funded programs and projects for which the City of Wichita Falls may apply will be regulated by their program guidelines, and the City staff will monitor these activities to ensure compliance with program requirements. The staff will review all activities and projects to establish that they are necessary and that the costs associated with the activity are reasonable. All activities must also meet the requirements for environmental clearances. SECOND PUBLIC HEARING After the first hearing, staff will review all comments by both the public and the City Council presented during that council meeting and will revise the statement of proposed uses if needed. The City will publish a second print notice in the Times Record News 14 days prior to the hearing date informing the public that the City of Wichita Falls is a presenting refined list of proposed projects and activities. This public hearing will normally be conducted during a regularly - scheduled City Council meeting. The second public hearing will be conducted to allow for any additional changes or refinements, to approve the Consolidated Plan, and for the City of Wichita Falls Council to pass a resolution that authorizes the City Manager to apply for the funds and to enter into the grants and agreements. Any comments received during the hearing will be evaluated and the council may change the proposed uses prior to adoption. FINAL APPROVAL After the two public hearings and final approval by the City Council, the City will publish a notice in the local paper informing the public of the approved plan and the availability of the completed plan. The City will also publish a summary of the Plan in the local newspaper, make available computer data disk for non - profits to use on their computers, and also inform the general public where copies of the Plan may be viewed. The completed Consolidated Plan will be available to the public for review and to be commented on for a period of not less than thirty (30) days prior to submission to HUD. The City of Wichita Falls will include any comments and the City's response to these comments as an attachment to the Plan. TECHNICAL ASSISTANCE The City Housing Division staff will provide technical assistance to citizens and non - profit groups in the preparation of requests for funding of projects to any group or individual requesting assistance. This assistance will include, but not be limited to, the development of plans and budgets to initiate new programs, activities or services. Input from these groups and the public hearings may also be used to assist in selection of streets, lighting, parks or other city infrastructure for construction or improvement. SPECIAL NEEDS GROUPS All public meetings will be held in accessible areas of Municipal Auditorium. Notices of accessibility and availability of services will be included in the public notice. Translation services and services for hearing or visually impaired persons, will be provided by the City with a 24 hour advance written request. NON - ENGLISH SPEAKING NEEDS The City does have a significant number of non - English speaking residents. Local Hispanic groups will be kept informed and assistance will be provided by Spanish - speaking City staff members if a need to present information in Spanish is required. The City is working with a local church to provided needed translation services for other language groups. COMMENT PERIOD The City will, during the planning phase, at the final public hearing, and before submitting any funding request, encourage input from any citizen or group of citizens concerning the proposed uses of federal funds. Planning for the betterment of the community is an ongoing process and citizens are especially encouraged to participate in the formal process. Citizens are also offered the opportunity to express their views and recommendations on the program any time during the year. Citizens or groups of citizens requesting funding for different types of neighborhood improvements may bring those requests before the City Council during any regularly scheduled council meeting and may be considered for future program years' planning process. ANTI - DISPLACEMENT AND RELOCATION POLICY The City has developed an anti- displacement and relocation policy to minimize the displacement of persons and to assist any person displaced. The policy specifies the types and level of assistance the community will make available to any displaced person. This policy has been developed even though the jurisdiction expects no displacement to occur. If an activity will result in displacement, the City will state in the published public notice that it has a displacement policy and how it will make the information available to displaced persons. AMENDMENT OF A PREVIOUSLY APPROVED CONSOLIDATED PLAN During the Consolidated Plan's five year period, there may be adjustments, refinements or changes that indicate a need to modify the Consolidated Plan. Some changes are minor and can be completed by staff actions alone, while others are substantial and will require public input and City Council action in a public meeting. If time and events have caused an activity or project to have a lower priority than at the time when the activity was approved, the City Council may wish to move (re- allocate) those funds to activities with a higher priority level. Anytime during the program year, if sufficient amounts of unprogrammed funds become available between the normal allocation process, the City Council may desire to amend the plan and re- allocate these unprogrammed funds. The amendment process, by the limited scope and amount of funds available, usually will permit the City Council to conduct only one public hearing. The development of amended activities will be much the same as the process used for the original plan except for the treatment of public service activities. The City of Wichita Falls normally funds the public service activities to the full 15% of CDBG funds authorized. The City will not accept new applications for public or social service -type projects from non - profit agencies except during the annual allocation process. If the need for the reallocation of funds results from the cancellation of a previously approved public service activity, the City of Wichita Falls may revisit the annual applications of the non - profits and reexamine any unfunded public service request. During the reallocation public hearing, the City will receive and review all public comments pertaining to the proposed reallocation of funds and amendments to the Consolidated Plan. The City will allow a thirty (30) day period for public review before submitting this amendment to HUD. HUD requires that the City establish and make public what criteria is to be used to determine if additions, deletions or administrative adjustments will require an Amendment. The City has developed and published a statement of what constitutes a substantial change to a previously approved Consolidated Plan. The City of Wichita Falls has defined and approved the following conditions to be classed as a substantial change which requires Citizen input, City Council and HUD approval: 1) Any changes where an activity that was described in the approved Consolidated Plan will not be carried out and the funding will be canceled; or 2) Any change where an activity described in the approved Consolidated Plan has been modified by a change in funding level that will alter the purpose, scope, location or beneficiaries of the project; or 3) Any described activity that will now be used to carry out an eligible activity not previously described in the Consolidated Plan; or 4) The reallocation of excess funds (those funds that remain after completion of a previously described activity) to be added to approved ongoing activities if the funds exceed a dollar amount of more than two (2) percent of the total CDBG grant amount for that year; or 5) Changes required by Federal laws, regulations, and guidelines which eliminate or restrict eligibility for a class of beneficiary. Changes that are not considered substantial changes, are those changes that: 1) Are not classed as a substantial change in the definitions above; AND 2) Involve the transfers of funds from one accounting classification to another within the same approved activity; or 3) Changes that only affect local administrative procedures or guidelines. 4) Changes to engineering details or construction methods that do not alter the overall purpose, scope, location or class of beneficiaries of a described activity. 5) The transfer and use of funds from one previously described activity to another previously described activity that involves a change in dollar amounts (increase or decrease) of not more than two (2) percent of the total CDBG grant amount and the activities are not changed in purpose, scope or location. YEAR -END PERFORMANCE REPORTS At the end of each reporting period, the City of Wichita Falls shall complete a Performance Report for the Consolidated Plan. This report shall explain the status of the activities listed in the Consolidated Plan. It will list the degree of completion on each activity in some type of unit measure or in percentage, the amount of funding spent that year and to -date on the activity, the location, purpose, and detailed listing of beneficiaries for each activity in the approved Consolidated Plan. A notice will be published in the local newspaper stating that the report is available, to include location, dates and times, for public review and comment. The City of Wichita Falls will allow at least 15 days for the review and will include and respond to any comments received. RESPONSE TO WRITTEN COMMENTS AND COMPLAINTS The City has a stated policy of making an initial reply to any complaint or grievance on a ten day basis. A grievance procedure has been developed and is made available at the first contact with the individual or group. Any written complaint or grievance will be answered as described in the Division's Grievance Procedure. The reply described in this procedure is well within the 15 working days of receipt of a complaint required by HUD.