Loading...
HomeMy WebLinkAbout5519 RESOLUTION NO. 5519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO MAKE ADMINISTRATIVE CHANGES TO THE CITY OF AUBURN'S COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN WHEREAS, the City of Auburn utilizes a Citizen Participation Plan as part of the City's Community Development Block Grant ("CDBG") funding process; WHEREAS, on March 27, 2020, the U.S. Congress passed The Coronavirus Aid, Relief, and Economic Security Act (H.R. 748), also known as the CARES Act, which allocates $5 billion in supplemental CDBG funding for grants to prevent, prepare for, and respond to the coronavirus (CDBG-CV); WHEREAS, the CARES Act provides that grantees may amend their Citizen Participation Plan to establish expedited procedures to amend Consolidated Plans and Annual Action Plans; WHEREAS, the City of Auburn has determined that, in order to more quickly address the effects of COVID-19, it is necessary to make amendments to the Consolidated Plan and Annual Action Plan; WHEREAS, the City of Auburn provided reasonable notice and opportunity to comment on the revised Citizen Participation Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute the amendments to the Citizen Participation Plan, which will be in substantial conformity with the attached Exhibit A. Resolution No. 5519 May 11, 2020 Page 1 of 2 Rev.2018 Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this 18th day of May, 2020. CITY OF AUBURN ANCY CKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk —i Ken•ra Comeau, City Attorney Resolution No. 5519 May 11, 2020 Page 2 of 2 Rev.2018 Citizen Participation Plan City of Auburn For Community Development Block Grant Funds received through the U.S. Department of Housing and Urban Development Table of Contents I. COVID-19 Amendment,effective 5/19/2020-12/31/2020 II. Introduction III. Development of the Consolidated Plan and Plan Amendments IV. Participation V. Plans and Reports VI. Amendments to the Consolidated and Action Plans VII. Access to Information and Records VIII. Non-Discrimination Policy/Complaint Review Process 2 City of Auburn—CDBG Citizen Participation Plan I. COVID-19 Amendment Amendment to the City of Auburn's Community Development Block Grant Citizen Participation Plan Revised May 11, 2020 This amendment will be in effect upon City Council approval through December 31, 2020. On March 27, 2020,the U.S. Congress passed The Coronavirus Aid, Relief, and Economic Security Act (H.R. 748),also known as the CARES Act.The bill allocates$5 billion in supplemental Community Development Block Grant (CDBG)funding for grants to prevent, prepare for,and respond to the coronavirus (CDBG-CV). The CARES Act provides that grantees may amend their Citizen Participation Plan to establish expedited procedures to amend Consolidated Plans and Annual Action Plans.These expedited procedures must include notice and reasonable opportunity to comment of no less than five (5) days.The City of Auburn has determined that, in order to more quickly address the effects of COVID-19, five days constitutes reasonable notice and opportunity for public comment on amendments to the Consolidated Plan and Annual Action Plan.The Citizen Participation Plan is amended to reflect the following changes: Comment Period The comment periods for plans and reports are listed in the following table: Document Comment Period Consolidated Plan &Annual Action Plan 5 calendar days Substantial Amendment to Consolidated &Annual Action Plan 5 calendar days Citizen Participation Plan 5 calendar days Acceptable methods of meeting the citizen participation requirements include: • Publication of the availability of substantial change(s) in the City's official paper of record. The publication will provide details on how to access detailed information on the substantial amendment(s) and how to provide comments. • Advertisement of the availability of the proposed change on the City's website; • Posting notices in public buildings within the jurisdiction of the administering agency, which include, but are not limited to, City Hall or public libraries; or • Holding meetings with citizens' advisory groups within the area affected by the substantial amendment. 3 City of Auburn—CDBG Citizen Participation Plan Notification to the public shall advise citizens of how and where to submit comments on the proposed changes.A summary of these comments,and a summary of comments not accepted and the reasons,therefore, shall be attached to the substantial amendment that is submitted to HUD. Amendments to the Consolidated Plan Substantial amendments to the Consolidated Plan may be reviewed and approved by either the City Council or the Human Services Committee. Amendments to the Annual Action Plan Substantial amendments to an Annual Action Plan may be reviewed and approved by either the City Council or the Human Services Committee. Public Hearings The CARES Act states that in-person public hearings are not required. Grantees may meet public hearing requirements with virtual public hearings if: 1) national/local health authorities recommend social distancing and limiting public gatherings for public health reasons, and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the grantee's certifications,timely responses from local officials to all citizen questions and issues, and public access to all questions and responses.Auburn's Citizen Participation Plan is amended to allow virtual public hearings as described above. Disaster/Emergency Events that May Require Expedited Substantial Amendments It may be necessary to expedite substantial amendments to the Consolidated Plan in the event of a declared disaster or emergency.There are three types of disasters/emergency events that may necessitate an expedited substantial amendment including (1) Man-Made-disasters, (2) Natural disasters, and (3)Terrorism. Man-made disasters can include chemical spills, mass rioting, power outages, dam failure, plant explosions, etc. Natural disasters can include earthquakes, tsunamis, hurricanes, tornadoes, wild fires, flooding and public health issues such as wide-spread disease such as the recent coronavirus disease 2019 (COVID-19).Terrorism events include bomb threats, biochemical attacks like the spread of anthrax, or cyber-attacks like hacking, phishing, and virus distribution, etc. 4 City of Auburn—CDBG Citizen Participation Plan These expedited substantial amendments may include funding new activities and/or the reprogramming of funds including canceling activities to meet needs resulting from a declared disaster or emergency. For CDBG funding under FY 2019-2020, FY 2020-2021,and the Coronavirus Aid, Relief, and Economic Security Act or CARES Act,the City of Auburn may provide a 5-day notice of a proposed off-cycle change beginning May 19,2020 as allowed under a HUD waiver. With respect to a declared disaster,the City of Auburn may elect to use CDBG funds to address needs not provided for by the Federal Emergency Management Agency(FEMA) and the Small Business Administration (SBA), or other disaster relief efforts. Funding for disaster relief may not duplicate other efforts undertaken by federal or local sources unless allowed by the federal government. Potential eligible uses of funds are those that are included in this Citizen Participation Plan,the Consolidated Plan, or any other CDBG eligible use. HUD may provide new guidance on eligible uses in which the City will comply with and may utilize as well. All eligible CDBG activities, including those to address declared disasters or emergencies, must meet one of three national objectives which are: (1) Benefit to low-and moderate-income (LMI) persons; (2)Aid in the prevention of slums or blight; and (3) Meet a need having a particular urgency (referred to urgent need). The City of Auburn may carry out eligible CDBG activities to meet needs resulting from declared disasters or emergencies under any one of the three national objectives. Responding to the COVID-19 Pandemic The City may reprogram up to 50%of FY 2019-2020 funding and use up to 100%of FY 2020-2021 and future CDBG funding to respond to the COVID-19 pandemic. Funding for activities that have required in-person interaction including, but not limited to, housing rehabilitation and a variety of community services may be reprogrammed into activities that allow for social distancing such as grab and go or home-delivered meal services, online programming for a variety of clientele including, but not limited to,youth and senior citizens, and various business and microenterprise assistance identified below to respond to or recover from the effects of the 5 City of Auburn—CDBG Citizen Participation Plan COVID-19 pandemic. Please see below for other possible activities that may be funded.Any other possible eligible activity not included below may also be considered. Potential eligible CDBG Activities that may be undertaken to support the COVID-19 response include, but are not limited to: • Building and Improvements, including Public Facilities such as constructing testing and diagnosis, or treatment facility; rehabilitation of a community facility to establish an infectious disease treatment clinic; acquisition and rehabilitation, or construction of a group living facility that may be used to centralize patients undergoing treatment; rehabilitation of a commercial building or closed school building to establish an infectious disease treatment clinic, e.g. by replacing the HVAC system; acquisition and rehabilitation of a motel or hotel building to expand the capacity of hospitals to accommodate isolation of patients during recovery; or to make interim improvements to private properties to enable an individual patient to remain quarantined on a temporary basis; • Assistance to Businesses, including Special Economic Development Activities such as providing grants or loans to support new business expansion to create jobs and manufacture medical supplies necessary to respond to infectious disease; avoid job loss caused by business closures related to social distancing by providing short-term working capital assistance to small businesses to enable retention of jobs held by low-and moderate-income persons; or to provide technical assistance, grants, loans,and other financial assistance to establish, stabilize, and expand microenterprises that provide medical,food delivery, cleaning, and other services to support home health and quarantine; • Public Services such as job training to expand the pool of health care workers and technicians that are available to treat a disease within a community; rent or mortgage assistance for LMI individuals paid to a 3rd party; provide health testing, diagnosis or other services at a fixed or mobile location; increase the capacity and availability of targeted health services for infectious disease response within existing facilities; provide equipment, supplies, and materials necessary to carry out a public service; deliver meals on wheels to quarantined individuals that need to maintain social distancing due to medical vulnerabilities; • Planning, Capacity Building,and Technical Assistance such as gathering data and developing non-project specific emergency infectious disease response plans; and • Any other activity allowed under current CDBG regulations. 6 City of Auburn—CDBG Citizen Participation Plan II. Introduction In compliance with 24 CFR 91.105,the City of Auburn is required to adopt a Citizen Participation Plan. This Plan encourages resident engagement in the planning and evaluation of the Community Development Block Grant (CDBG) Program and outlines the process for public participation in annual CDBG planning; all are encouraged to participate. The City of Auburn Community Development Department, Community Services Division, conducts the planning and administration for the CDBG entitlement program.This Citizen Participation Plan sets forth the City's policies and procedures for citizen participation with respect to the following Consolidated Plan documents: • Five-Year Consolidated Plan • Annual Action Plan • Consolidated Annual Performance and Evaluation Report (CAPER) • Fair Housing Assessment Code of Federal Regulations for Citizen Participation: 24 CFR Part 91.105 Local Governments Citizen Participation 24 CFR Part 91.100 Local Governments Consultation 24 CFR Part 91.401 Home Consortia III. Development of the Consolidated Plan and Plan Amendments The City welcomes public participation in the development of the Consolidated Plan and amendments to the Plan. Prior to the adoption of the plan,the fund amount expected from HUD to the City of Auburn, the range of activities that may be undertaken, and the amount of funding expected to benefit low/moderate-income persons will all be made available to the public. IV. Participation NOTE: For participation timelines and processes taking place between 5/19/2020 and 12/31/2020, please see the Citizen Participation Plan amendment in Section I of this document. Residents and stakeholders, including the Public Service agencies and Public Housing Authorities will be provided with information and the opportunity to give meaningful input to the consolidated planning process. A. Public Hearings Public hearings will be held at least twice per year at key stages of the grants administration process to obtain the public's views and to provide the public with responses to their questions and comments. Public hearings refers to both public hearings and community meetings. B. Public Notice Residents must be given adequate notice of all hearings and public meetings through posting on the City of Auburn webpage and direct notification to stakeholders. Adequate notice is defined 7 City of Auburn—CDBG Citizen Participation Plan as 14 calendar days. Public notice shall indicate the date,time, location, purpose of the meeting, and information about the issues to be discussed. C.Comment Period The comment periods for plans and reports is listed in the following table and is described in more detail in Section IV. Document Comment Period Consolidated Plan&Annual Action Plan 30 calendar days Substantial Amendment to Consolidated &Annual Action Plan 30 calendar days Fair Housing Assessment 30 calendar days Citizen Participation Plan 30 calendar days CAPER 15 calendar days D.Access to Meetings Meetings and forums should be held in accessible locations to ensure that architectural barriers do not preclude the attendance of people who have a disability. In addition, accommodations will be made, upon request,for attendees who have hearing or visual challenges,or attendees who desire a designated area for breastfeeding. E. Language Access The City of Auburn shall take reasonable steps to provide language assistance to ensure meaningful access to participation by non-English speaking and limited English proficient residents of the Community.The City will make arrangements to provide interpreters at public hearings, upon request.Any non-English speaking resident who wishes to participate may contact the Community Services Division prior to the hearings so that adequate arrangements can be made. Reasonable accommodations at the public hearing such as sign language interpretation or alternate formats for printed material are available for individuals with disabilities with a minimum of 7 days advance notice. V. Plans and Reports The following section describes the key planning and reporting documents for the CDBG federal grant. A.Consolidated Housing and Community Development Plan (Consolidated Plan) The Consolidated Plan guides the use of federal CDBG funds for a five year period. It describes the amount of assistance, priorities, range of activities, and estimated amount that will benefit low and moderate-income people. B.Annual Action Plan (Action Plan) The Action Plan outlines the specific programs and activities to be undertaken for the program year and the amount of funds that will be awarded to those projects.The program year for the Consortium begins January 1 and ends December 31. C.Consolidated Annual Performance and Evaluation Report(CAPER) The CAPER reports on the activities and projects undertaken and completed in the previous year.This is completed and submitted to HUD on March 31. 8 City of Auburn—CDBG Citizen Participation Plan D. Fair Housing Analysis of Impediments Every five years the Consortium conducts a countywide analysis of impediments to fair housing.Annual progress and work towards the fair housing goals are reported annually in the CAPER. VI. Amendments to the Consolidated and Action Plans NOTE: For amendment timelines and processes taking place between 5/19/2020 and 12/31/2020, please see the Citizen Participation Plan amendment in Section I of this document. A.Amendments to the Consolidated Plan 1. Revisions to the Consolidated Plan Revisions are edits, updates or corrections that do not alter the activities, purpose or intended beneficiaries of any of the strategies adopted in the Strategic Plan section.These changes do not require formal City Council review before the revision is made final. 2. Minor Amendments to the Consolidated Plan Minor Amendments are those which: 1) alter the annual accomplishment goals of the Consolidated Plan,or 2) add or amend a neighborhood revitalization strategy for a specific neighborhood located in a geographic area of Auburn. Minor amendments do not require formal City Council review before being made final. 3. Substantial Amendments to the Consolidated Plan a. Substantial amendments are those which: 1)alter the activities, purpose or intended beneficiaries of a strategy identified in the Strategic Plan section of the Consolidated Plan;or 2) add or delete a strategy in the Strategic Plan section; 3) alter the long-term goals of the major strategies in the strategic plan. b. Substantial amendments require public notice and an opportunity for the public to comment for 30 days prior to the date set for a City Council meeting to take action on the substantial change(s)to the Consolidated Plan. c. All comments that are submitted, either orally or in writing during the comment period,shall be considered in any substantial amendment to the Consolidated Plan.A summary of public comments made and how they influenced the amendment, as well as the reasoning for comments that were rejected and did not influence the amendment,will be attached to the substantial amendment.The City will submit the amended Consolidated Plan to HUD. B.Amendments to the Annual Action Plan After the Action Plan is submitted to HUD, changes to the Action Plan follow the processes described below.The City is responsible for providing citizens with reasonable notice and an opportunity to comment when amendments to the plan are proposed. 9 City of Auburn—CDBG Citizen Participation Plan All comments that are submitted, either orally or in writing, during the comment period shall be considered in any amendment to the Action Plan. A summary of public comments made and how they influenced the amendment,as well as the reasoning for comments that were rejected and did not influence the amendment,will be attached to the amendment. Amendments to the Annual Action Plan fall into three categories. 1. Revisions are minor changes that do not meet threshold criteria for amendments and do not require public notice. 2. Minor Amendments to the Annual Action Plan a. A change in the amount of any single source of federal funds awarded to a project of more than 50 percent. b. A change in an eligible activity, a change in the purpose of an activity, or scope of an activity such that the estimated number of intended beneficiaries are impacted by 50 percent or more,or a change in the intended beneficiaries of an activity. c. The cancellation or addition of a project or activity. 3. Substantial Amendment to the Annual Action Plan—Citizen Participation Required a. A substantial amendment involves a modification in the amount of CDBG funds awarded by more than 35 percent of the annual entitlement for that fund source. b. A substantial amendment must be approved by the Auburn City Council. c. A substantial amendment that is approved by the City Council will be published in the regional and/or local newspaper at least 30 days before they are implemented and the public will be invited to comment during the 30-day period. VII. Access to Information and Records The City will provide one free copy of released drafts or final documents (Community Participation Plan, Amendments,Consolidated Plan,Annual Action Plan,Annual Performance Report,AFH).Additional copies may be provided at the City's discretion. To obtain documents contact: Community Services Division 25 West Main Street Auburn WA, 98001 253-288-3168 VIII. Non- Discrimination Policy/ Complaint Review Process It is the policy of the City of Auburn to provide equal opportunity for services without regard to race, creed,color, sex,age, marital status, national origin,veteran's status or military status, religion, political affiliation, presence of any sensory, mental or physical disability, sexual orientation, gender identity,or familial status. 10 City of Auburn—CDBG Citizen Participation Plan Persons who feel that they have been discriminated against or who have a complaint pertaining to the City of Auburn's Consolidated Plan,Annual Action Plan, Plan amendments, or the Consolidated Annual Performance Evaluation Report, may file a complaint in writing to: City of Auburn Community Services 25 West Main Street Auburn, WA 98001 Attn:Jeff Tate Director of Community Development All complaints must include name and address of the person(s)filing the complaint; a description of the act or acts considered to be in violation;other available pertinent information which will assist in the review and resolution of the complaint. Such complaints should be filed within 30 days of the alleged discriminatory act. A written response as to the disposition of the complaint will be issued by the Director no later than 15 working days following receipt of the complaint. A person who is dissatisfied with the response to the complaint, or if the response is delayed more than 15 working days, may appeal in writing to: City of Auburn Mayor's Office City Hall, 2nd Floor 25 West Main Street Auburn,WA 98001 A written response on the disposition of the complaint will be issued by the Mayor's Office no later than 30 working days following the receipt of the complaint. If the complainant is dissatisfied with the City's implementation of the CDBG program or the use of CDBG funds, he/she may also contact or submit a written complaint to: United States Department of Housing and Urban Development Community Planning and Development Seattle Regional Office 909 1st Avenue,Suite 200 Seattle,WA 98104-1000 Phone: (206) 220-5101 No person shall intimidate,threaten, coerce,or discriminate against any person because he/she has made a complaint,testified, assisted, or participated in any matter in an investigation, proceeding, or hearing related to a complaint. 11 City of Auburn—CDBG Citizen Participation Plan