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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2020 - PUBLIC HEARING AND RESOLUTION 2020-042 AMENDING THAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 5, 2020 City Council STAFF Beth Rosen, Affordable Housing Program Administrator Ryan Malarky, Legal SUBJECT Public Hearing and Resolution 2020- 042, Amending the Citizen Participation Plan Pursuant to the U.S. Department of Housing and Urban Development Waiver Memorandum Relating to COVID-19 Response Funds. EXECUTIVE SUMMARY This item is presented to Council because it meets the following priorities: (1) urgent items specifically related to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible; (6) items that relate to funding, operation and business activities that the City must continue despite the current crisis; and (7) items that are required to comply with federal or state legal or other requirements. The purpose of this item is to amend the Citizen Participation Plan (CPP), a document required by the Department of Housing and Urban Development (HUD) which outlines how the City will receive citizen input related to the use of HUD funded activities. Specifically, this amendment allows for reduced public comment periods and remote public meetings to allow for expedited deployment of HUD disaster and emergency funds, when such regulations are waived by HUD. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The City receives annual funding allocations from the Department of Housing & Urban Development (HUD) under the Community Development Block Grant (CDBG) program and the HOME Investment Partnership program (HOME). As a condition of receiving funding, local jurisdictions must develop a Citizen Participation Plan (CPP) which outlines how they will engage stakeholders and the public regarding community needs and planned use of funds. These plans include statutory requirements related to providing the public with adequate time to review and comment on HUD-related plans and reports, as well as provide comment at public hearings. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed in to law. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG- CV) funds. Of this amount, HUD immediately allocated $2 billion based on the fiscal year 2020 CDBG formula. On April 2, 2020, HUD notified the City of its CARES Act allocation in the amount of $649,203. On March 30, 2020, HUD issued a Memorandum regarding Availability of Waivers of Community Planning and Development (CPD) Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19, referred to as the “Mega Waiver.” This included waivers to regulatory requirements for 30-day Public Comment Periods related to Amendments to the Consolidated Plan and Annual Action Plan, as well as additional flexibility related to receiving citizen input, such as allowing for remote public meetings. (Attachment 1) Agenda Item 12 Item # 12 Page 2 The City is required to amend its CPP and submit to HUD, along with a waiver request, prior to amending its 2019 Annual Action Plan, which is necessary to spend the CDBG-CV funds. Staff is currently working on a coordinated effort to identify priority needs and uses for this critical funding. This amended CPP will allow for a 5-day public comment period and remote public hearings as part of the process for submitting CDBG-CV funding recommendations to Council. (Attachment 2) CITY FINANCIAL IMPACTS Amending the CPP will facilitate quicker access to and deployment of the City’s CDBG allocation for COVID-19 response and recovery. PUBLIC OUTREACH Pursuant to the “Mega Waiver”, the draft amended CPP was posted on the City website with notice that the May 5, 2020 Council meeting would serve as the public hearing. ATTACHMENTS 1. HUD Mega Waiver (PDF) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT www.hud.gov espanol.hud.gov MEMORADUM FOR: All Community Planning and Development Field Office Directors, Deputy Directors and Program Managers FROM: John Gibbs, Assistant Secretary, Acting, D SUBJECT: Availability of Waivers of Community Planning and Development (CPD) Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 PURPOSE This memorandum explains the availability of waivers of certain regulatory requirements associated with several CPD grant programs to prevent the spread of COVID-19 and to facilitate assistance to eligible communities and households economically impacted by COVID-19. This memorandum covers waivers of consolidated plan requirements for all CPD formula programs and program-specific waivers for the following CPD programs: Housing Opportunities for Persons with AIDS (HOPWA); Emergency Solutions Grant (ESG); and Continuum of Care (CoC). This memorandum also announces a simplified notification process for recipients of these programs to use this waiver flexibility to expedite the delivery of assistance. CPD Field Office Directors, Deputy Directors, and Program Managers are instructed to inform CPD recipients operating within their jurisdictions of the content of this memorandum. NOTIFICATION PROCESS Recipients may use the waivers described in this memorandum to assist affected CPD program beneficiaries and CPD program eligible households to prevent the spread of COVID-19 and to mitigate against the economic impact caused by COVID-19 for eligible households. To use the waiver flexibility provided in this memorandum, the recipient must provide notification in writing, either through mail or e-mail, to the CPD Director of the HUD Field Office serving its jurisdiction no less than two days before the recipient anticipates using the waiver flexibility. Further directions on notifying HUD can be found in Attachment #1. WAIVER AUTHORITY In December 2019, a new coronavirus known as SARS-CoV-2 was first detected in Wuhan, Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease COVID- ATTACHMENT 1 2 19 that has now spread globally. The first case was reported in the United States in January 2020. In March 2020, the World Health Organization declared the coronavirus outbreak a pandemic and President Trump declared the outbreak a national emergency. During this time, the majority of states have declared states of emergency with most shutting down large gathering places and limiting the movement of their residents. As a consequence, many CPD recipients are facing challenges in ensuring appropriate shelter options are available for program participants who need to be separated from others because they are exhibiting symptoms, training staff on how to safely work with program participants and prevent spreading the virus, obtaining supplies to prevent the spread of the virus, and maintaining necessary staffing levels during the outbreak. Further, many program participants are suffering economic consequences from the mass shutdown of businesses and lack of availability of traditional mainstream benefits. A number of recipients have inquired about the availability of waivers of various CPD program requirements to facilitate assistance to program participants and prevent the spread of the virus. In accordance with 24 CFR 5.110, HUD may, upon a determination of good cause and subject to statutory limitations, waive regulatory provisions. Additional regulatory waiver authority is provided in 24 CFR 91.600. These regulatory provisions provide HUD the authority to make waiver determinations for the ESG, CoC, and HOPWA Programs and consolidated planning requirements for all CPD formula programs. WAIVER AVAILABILITY To provide additional flexibility to communities to prevent the spread of COVID-19 and better assist individuals and families, including those experiencing homelessness infected with the virus or economically impacted by the virus, I hereby find good cause to provide the regulatory waivers below. To use each waiver, each recipient must follow the notification process described above and update its program records to include written documentation of the specific conditions that justify the recipient’s use of the waiver, consistent with the justifications and applicability provisions below. Provisions that are not specifically waived remain in full effect. CONTINUUM OF CARE PROGRAM 1. Fair Market Rent for Individual Units and Leasing Costs Requirement: Rent payments for individual units with leasing dollars may not exceed Fair Market Rent (FMR). Citation: 24 CFR 578.49(b)(2) Explanation: The CoC Program regulation at 24 CFR 578.49(b)(2) prohibits a recipient from using grant funds for leasing to pay above FMR when leasing individual units, even if the rent is reasonable when compared to other similar, unassisted units. Justification: Waiving the limit on using grant leasing funds to pay above FMR for individual units above FMR, but not greater than the reasonable rent will 3 assist recipients in locating additional units to house individuals and families experiencing homelessness and reduce the spread and harm of COVID-19. Applicability: The FMR restriction is waived for any lease executed by a recipient or subrecipient to provide transitional or permanent supportive housing during the 6-month period beginning on the date of this memorandum. The affected recipient or subrecipient must still ensure that rent paid for individual units that are leased with CoC Program leasing dollars meet the rent reasonableness standard in 24 CFR 578.49(b)(2). 2. Disability Documentation for Permanent Supportive Housing (PSH) Requirement: A recipient providing PSH must serve individual and families where one member of the household has a qualifying disability (for dedicated projects and DedicatedPlus projects that individual must be the head of household). Further, the recipient must document a qualifying disability of one of the household members. When documentation of disability is the intake worker’s observation, the regulation requires the recipient to obtain additional confirming evidence within 45 days. Citation: 24 CFR 578.103(a) and 24 CFR 578.103(a)(4)(i)(B) Explanation: 24 CFR 578.103(a) requires recipients to maintain records providing evidence they met program requirements and 24 CFR 578.103(a)(4)(i)(B) establishes the requirements for documenting disability for individuals and families that meet the “chronically homeless” definition in 24 CFR 578.3. Acceptable evidence of disability includes intake-staff recorded observations of disability that, no later than 45 days from the application for assistance, is confirmed and accompanied by evidence in paragraphs 24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is waiving the requirement to obtain additional evidence. Justification: Waiving 24 CFR 578.103(a)(4)(i)(B)(4) as specified below will allow recipients to house people by relying on intake staff-recorded observation of disability while providing recipients’ intake staff with additional time to confirm the disability. This will help households with observed disabilities to be housed quickly and obtain the necessary documentation once healthcare workers are no longer inundated by COVID-19 responses. Applicability: The requirement that intake staff-recorded observation of disability be confirmed and accompanied by other evidence no later than 45 days from the application for assistance documentation requirement is waived for any program participants admitted into PSH funded by the CoC Program for the 6-month period beginning on the date of this memorandum. Note: For the purposes of individuals and families housed in PSH from the date of 4 this memorandum until public health officials determine no additional special measures are necessary to prevent the spread of COVID-19, a written certification by the individual seeking assistance that they have a qualifying disability is considered acceptable documentation approved by HUD under 24 CFR 578.103(a)(4)(i)(B)(5). 3. Limit on Eligible Housing Search and Counseling Services Requirement: With respect to program participant’s debts, 24 CFR 578.53(ed)(8)(ii)(B) only allows the costs of credit counseling, accessing a free personal credit report, and resolving personal credit issues. 24 CFR 578.53(d) limits the use of CoC Program funds for providing services to only those costs listed in the interim rule. Citation: 24 CFR 578.53(e)(8)(ii)(B) and 578.53(d) Explanation: 24 CFR 578.53(e)(8) allows recipients and subrecipients to use CoC funds to pay for housing search and counseling services to help eligible program participants locate, obtain, and retain suitable housing. For program participants whose debt problems make it difficult to obtain housing, 24 CFR 578.53(e)(8)(ii)(B) makes eligible the costs of credit counseling, accessing a free personal credit report, and resolving personal credit issues. However, payment of rental or utility arrears is not included as an eligible cost. 24 CFR 578.53(d) limits eligible supportive service costs to those explicitly listed in 24 CFR 578.53(e), which is a more limited list than is eligible under the McKinney-Vento Act. Justification: Waiving the limitation of housing search and counseling eligible activities to allow recipients and subrecipients to pay for up to 6 months of rental arrears and 6 months of utility arrears will help recipients and subrecipients remove barriers to obtaining housing quickly and help reduce the spread and harm of COVID-19. Applicability: The limitation on eligible housing search and counseling activities is waived so that CoC Program funds may be used for up to 6 months of a program participant’s utility arrears and up to 6 months of program participant’s rent arrears, when those arrears make it difficult to obtain housing. This waiver is in effect one-year beginning on the date of this memorandum. 4. Permanent Housing-Rapid Re-housing Monthly Case Management Requirement: Recipients must require program participants of permanent housing – rapid re-housing projects to meet with a case manager at least monthly. Citation: 24 CFR 578.37(a)(1)(ii)(F) 5 Explanation: The CoC Program interim rule at 24 CFR 578.37(a)(1)(ii)(F) requires program participants to meet with a case manager not less than once per month to assist them in ensuring long-term housing stability. The project is exempt from this requirement already if the Violence Against Women Act of 1994 (42 U.S.C. 13925 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits the recipient carrying out the project from making its housing conditional on the participant's acceptance of services. Justification: Recipients are reporting limited staff capacity as staff members are home for a variety of reasons related to COVID-19 (e.g., quarantining, children home from school, working elsewhere in the community to manage the COVID-19 response). In addition, not all program participants have capacity to meet via phone or internet. Waiving the monthly case management requirement as specified below will allow recipients to provide case management on an as- needed basis and reduce the possible spread and harm of COVID-19. Applicability: This requirement in 24 CFR 578.37(a)(1)(ii)(F) that projects require program participants to meet with case mangers not less than once per month is waived for all permanent housing- rapid re-housing projects for two months beginning on the date of this memorandum. 5. Housing Quality Standards (HQS) – Initial Physical Inspection of Unit Requirement: Recipients are required to physically inspect any unit supported with leasing or rental assistance funds to assure that the unit meets housing quality standards (HQS) before any assistance will be provided on behalf of a program participant. Citation: 24 CFR 578.75(b)(1) Explanation: 24 CFR 578.75(b)(1) requires that recipients or subrecipients physically inspect each unit to assure that it meets HQS before any assistance will be provided for that unit on behalf of a program participant. Justification: Waiving the physical initial inspection requirement 24 CFR 578.75(b)(1) as specified below will allow recipients to help prevent the spread of COVID- 19. Applicability: This waiver of the requirement in 24 CFR 578.75(b)(1) that the recipient or subrecipient physically inspect each unit to assure that the unit meets HQS before providing assistance on behalf of a program participant is in effect for 6-months beginning on the date of this memorandum for recipients and subrecipients that are able to meet the following criteria: 6 a. The recipient is able to visually inspect the unit using technology, such as video streaming, to ensure the unit meets HQS before any assistance is provided; and b. The recipient or subrecipient has written policies to physically re- inspect the unit within 3 months after the health officials determine special measures to prevent the spread of COVID-19 are no longer necessary. 6. HQS – Re-Inspection of Units Requirement: Recipients or subrecipients must inspect all units for which leasing or rental assistance funds are used, at least annually to ensure they continue to meet HQS. Citation: 24 CFR 578.75(b)(2) Explanation: 24 CFR 578.75(b)(2) requires that recipients or subrecipients are required to inspect all units supported by leasing or rental assistance funding under the CoC Program at least annually during the grant period to ensure the units continue to meet HQS. Justification: Waiving the annual re-inspection 24 CFR 578.75(b)(2) requirement during this public health crisis as specified below will help allow recipients to prevent the spread of COVID-19. . Applicability: This requirement in 24 CFR 578(b)(2) is waived for 1-year beginning on the date of this memorandum. 7. One-Year Lease Requirement Requirement: Program participants residing in PSH must be the tenant on a lease for a term of at least one year that is renewable and terminable for cause. Citation: 24 CFR 578.3, definition of permanent housing, 24 CFR 578.51(l)(1) Explanation: The CoC Program regulation at 24 CFR 578.3, definition of permanent housing, and 24 CFR 578.51(l)(1) requires program participants residing in permanent housing to be the tenant on a lease for a term of one year that is renewable and terminable for cause. Justification: Waiving the one-year lease requirement as specified below will allow recipients to more quickly identify permanent housing for individuals and families experiencing homelessness, which is helpful in preventing the spread of COVID-19. Applicability: The one-year lease requirement is waived for six-months beginning on the 7 date of this memorandum, so long as the initial lease term of all leases is for more than one month. CONSOLIDATED PLAN REQUIREMENTS 8. Citizen Participation Public Comment Period for Consolidated Plan Amendment Requirement: 30-day Public Comment Period. Citations: 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401 Explanation: A CPD grantee may amend an approved consolidated plan in accordance with 24 CFR 91.505. Substantial amendments to the consolidated plan are subject to the citizen participation process in the grantee’s citizen participation plan. The citizen participation plan must provide citizens with 30 days to comment on substantial amendments. Justification: Given the need to expedite actions to respond to COVID-19, HUD waives 24 CFR 91.105(c)(2) and (k), 91.115(c)(2) and (i) as specified below, in order to balance the need to respond quickly to the growing spread and effects of COVID-19 with the statutory requirement to provide reasonable notice and opportunity for citizens to comment on substantial amendments concerning the proposed uses of CDBG, HOME, HTF, HOPWA or ESG funds. Applicability: This 30-day minimum for the required public comment period is waived for substantial amendments, provided that no less than 5 days are provided for public comments on each substantial amendment. The waiver is available through the end of the recipient’s 2020 program year. Any recipient wishing to undertake further amendments to prior year plans following the 2020 program year can do so during the development of its FY 2021 Annual Action Plan. 9. Citizen Participation Reasonable Notice and Opportunity to Comment Requirement: Reasonable Notice and Opportunity to Comment. Citations: 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401 Explanation: As noted above, the regulations at 24 CFR 91.105 (for local governments) and 91.115 (for States) set forth the citizen participation plan requirements for recipients. For substantial amendments to the consolidated plan, the regulations require the recipient to follow its citizen participation plan to 8 provide citizens with reasonable notice and opportunity to comment. The citizen participation plan must state how reasonable notice and opportunity to comment will be given. Justification: HUD recognizes the efforts to contain COVID-19 require limiting public gatherings, such as those often used to obtain citizen participation, and that there is a need to respond quickly to the growing spread and effects of COVID-19. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR 91.401 as specified below to allow these grantees to determine what constitutes reasonable notice and opportunity to comment given their circumstances. Applicability: This authority is in effect through the end of the 2020 program year. EMERGENCY SOLUTIONS GRANTS PROGRAM 10. HMIS Lead Activities Requirement: ESG funds may be used to pay the costs of managing and operating the HMIS, provided that the ESG recipient is the HMIS Lead. Citation: 24 CFR 576.107(a)(2) Explanation: To enable ESG-funded projects to participate in HMIS as required by section 416(f) of the McKinney-Vento Homeless Assistance Act, 24 CFR 576.107(a)(2) authorizes the use of ESG funds for managing and operating the HMIS (e.g., hosting and maintaining HMIS software or data, upgrading, customizing, and enhancing the HMIS), only where the ESG recipient is the HMIS Lead, as designated by the CoC. Justification: Waiving the rule as specified below would allow more recipients to use ESG funding to upgrade or enhance the HMIS as needed to incorporate ESG program data related to COVID-19. Applicability: The condition that the recipient must be the HMIS Lead to pay costs under 24 CFR 576.102(a)(2) is waived to the extent necessary to allow any recipient to use ESG funds to pay costs of upgrading or enhancing its local HMIS to incorporate data on ESG Program participants and ESG activities related to COVID-19. This waiver is in effect for 6-months beginning on the date of this memorandum. 11. Re-evaluations for Homelessness Prevention Assistance Requirement: Homelessness prevention assistance is subject to re-evaluation of each program participant’s eligibility need for assistance not less than once every 3 months. 9 Citation: 24 CFR 576.401(b) Explanation: The ESG regulations at 24 CFR 576.401(b) requires recipients or subrecipients providing homelessness prevention assistance to re-evaluate the program participant’s eligibility, and the types and amounts of assistance the program participant needs not less than once every 3 months. Justification: Waiving re-evaluation requirement for homelessness prevention assistance as specified below is necessary to help program participants remain stable in housing during the economic uncertainty caused by COVID-19. Applicability: The required frequency of re-evaluations for homelessness prevention assistance under section 576.401(b) is waived for up to 2-years beginning on the date of this memorandum, so long as the recipient or subrecipient conducts the required re-evaluations not less than once every 6 months. 12. Housing Stability Case Management Requirement: Program participants receiving homelessness prevention or rapid re-housing assistance must meet with a case manager not less than once per month, unless certain statutory prohibitions apply. Citation: 24 CFR 576.401(e) Explanation: Under 24 CFR 576.401(e), the recipients or subrecipients must require program participants to meet with a case manager not less than once per month to assist them in ensuring long-term housing stability, unless the Violence Against Women Act of 1994 or Family Violence Prevention and Services Act prohibits the recipient or subrecipient from making its shelter or housing conditional on the participant's acceptance of services. Justification: Recipients are reporting limited staff capacity as staff members are home for a variety of reasons related to COVID-19 (e.g., quarantining, children home from school, working elsewhere in the community to manage the COVID-19 response). In addition, not all program participants have capacity to meet via phone or internet. Waiving the monthly case management requirement as specified below will allow recipients to provide case management on an as needed basis and reduce the possible spread and harm of COVID-19. Applicability: This waiver is in effect for two months beginning on the date of this memorandum. 13. Restriction of Rental Assistance to Units with Rent at or Below FMR Requirement: Restriction of rental assistance to units with rent at or below FMR. 10 Citation: 24 CFR 576.106(d)(1) Explanation: Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the total rent is equal to or less than the FMR established by HUD, as provided under 24 CFR Part 888, and complies with HUD’s standard of rent reasonableness, as established under 24 CFR 982.507. Justification: Quickly moving people into permanent housing is especially critical in preventing the spread of COVID-19. Waiving the limit on rental assistance to rents that are equal to or less than the FMR, established by HUD, will assist recipients and subrecipients in more quickly locating additional units to house individuals and families experiencing homelessness. Applicability: The FMR restriction is waived for any individual or family receiving Rapid Re-housing or Homelessness Prevention assistance who executes a lease for a unit during the 6-month period beginning on the date of this memorandum. The ESG recipient or subrecipient must still ensure that the units in which ESG assistance is provided to these individuals and families meet the rent reasonableness standard. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) 14. HOPWA – Self-Certification of Income and Credible Information on HIV Status Requirement: Source Documentation for Income and HIV Status Determinations. Citation: 24 CFR 574.530, Recordkeeping Explanation: Each grantee must maintain records to document compliance with HOPWA requirements, which includes determining the eligibility of a family to receive HOPWA assistance. Justification: This waiver will permit HOPWA grantees and project sponsors to rely upon a family member’s self-certification of income and credible information on their HIV status (such as knowledge of their HIV-related medical care) in lieu of source documentation to determine eligibility for HOPWA assistance of families and grantees affected by COVID-19. Applicability: Eligibility is restricted to a low-income person who is living with HIV/AIDS and the family of such person. This waiver is in effect for recipients who require written certification of the household seeking assistance of their HIV status and income, and agree to obtain source documentation of HIV status and income eligibility within 3 months of public health officials determining no additional special measures are necessary to prevent the spread of COVID-19. 11 15. HOPWA – FMR Rent Standard Requirement: Rent Standard for Tenant-Based Rental Assistance (TBRA). Citation: 24 CFR 574.320(a)(2), Rent Standard Explanation: Grantees must establish rent standards for their tenant-based rental assistance programs based on FMR (Fair Market Rent) or the HUD- approved community-wide exception rent for unit size. Generally, the TBRA payment may not exceed the difference between the rent standard and 30 percent of the family's adjusted income. Justification: This waiver of the FMR rent standard limit permits HOPWA grantees to establish rent standards, by unit size, that are reasonable, and based upon rents being charged for comparable unassisted units in the area, taking into account the location, size, type, quality, amenities, facilities, management and maintenance of each unit. Grantees, however, are required to ensure the reasonableness of rent charged for a unit in accordance with §574.320(a)(3). This waiver is required to expedite efforts to identify suitable housing units for rent to HOPWA beneficiaries and HOPWA-eligible families that have been affected by COVID-19, and to provide assistance to families that must rent units at rates that exceed the HOPWA grantee's normal rent standard as calculated in accordance with §574.320(a)(2). Applicability: Such rent standards may be used for up to one year beginning on the date of this memorandum. 16. HOPWA – Property Standards for TBRA Requirement: Property Standards for Tenant-Based Rental Assistance (TBRA) Citation: 24 CFR 574.310(b), Housing Quality Standards Explanation: This section of the HOPWA regulations provides that units occupied by recipients of HOPWA TBRA meet the Housing Quality Standards (HQS) established in this section. Justification: This waiver is required to enable grantees and project sponsors to expeditiously meet the critical housing needs of the many eligible families that have been affected by COVID-19 while also minimizing the spread of the coronavirus. Applicability: This waiver is in effect for one year beginning on the date of this memorandum for recipients and project sponsors that are able to meet the 12 following criteria: a. The recipient or project sponsor is able to visually inspect the unit using technology, such as video streaming, to ensure the unit meets HQS before any assistance is provided; and b. The recipient or subrecipient has written policies to physically re- inspect the unit after the health officials determine special measures to prevent the spread of COVID-19 are no longer necessary. 17. HOPWA Space and Security Requirement: Adequate Space and Security. Citation: 24 CFR 574.310(b)(2)(iii), Space and security Explanation: This section of the HOPWA regulations provide that each resident must be afforded adequate space and security for themselves and their belongings. Justification: This waiver is required to enable grantees and project sponsors operating housing facilities and shared housing arrangements the flexibility to use optional appropriate spaces for quarantine services of eligible households affected by COVID-19. Optional spaces may include the placement of families in a hotel/motel room where family members may be required to utilize the same space not allowing for adequate space and security for themselves and their belongings. Applicability: This space and security requirement is waived for grantees addressing appropriate quarantine space for affected eligible households during the allotted quarantined time frame recommended by local health care professionals. 13 Attachment #1 to Memorandum: Procedure for Using Available Waivers of Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 This attachment provides further information on the process that grantees must follow to use the waiver flexibility provided in the memorandum. Grantees must mail or email notification to the Community Planning and Development Director of the HUD Field Office serving the grantee. The mail or email notification must be sent two days before the grantee anticipates using waiver flexibility, and include the following details: Requestor’s name, title, and contact information; Declared-disaster area(s) where the waivers will be used; Date on which the grantee anticipates first use of the waiver flexibility; and A list of the waiver flexibilities the grantee will use: 1. CoC Program - Fair Market Rent for Individual Units and Leasing Costs 2. CoC Program - Disability Documentation for Permanent Supportive Housing (PSH) 3. CoC Program – Limit on Eligible Housing Search and Counseling Services 4. CoC Program - Permanent Housing-Rapid Re-housing Monthly Case Management 5. CoC Program - Housing Quality Standards (HQS) – Initial Physical Inspection of Unit 6. CoC Program - HQS – Re-Inspection of Units 7. CoC Program – One-Year Lease Requirement 8. Consolidated Planning Requirements – HOME, CDBG, HTF, ESG, and HOPWA Programs – Citizen Participation Public Comment Period for Consolidated Plan Amendment 9. Consolidated Planning Requirements – HOME, CDBG, HTF, ESG, and HOPWA Programs – Citizen Participation Reasonable Notice and Opportunity to Comment 10. ESG Program - HMIS Lead Activities 11. ESG Program - Re-evaluations for Homelessness Prevention Assistance 12. ESG Program - Housing Stability Case Management 13. ESG Program - Restriction of Rental Assistance to Units with Rent at or Below FMR 14. HOPWA Program – Self-Certification of Income and Credible Information on HIV Status 15. HOPWA Program – FMR Rent Standard 16. HOPWA Program – Property Standards for TBRA 17. HOPWA Program - Space and Security -1- RESOLUTION 2020-042 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITIZEN PARTICIPATION PLAN PURSUANT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WAIVER MEMORANDUM RELATING TO COVID-19 RESPONSE FUNDS WHEREAS, the National Affordable Housing Act requires that local governments have certain plans in place, approved by the U.S. Department of Housing and Urban Development (“HUD”) to remain eligible for certain federal grant programs, including the Community Development Block Grant program (“CDBG”) and the Home Investment Partnerships program (“HOME”); and WHEREAS, in 2015, City Council approved a Citizen Participation Plan (“CPP”) as part of its adoption of the 2015-2019 Five-Year Consolidated Plan, which identifies community needs and service gaps, and defines a course of action and priorities for the City’s expenditures of anticipated federal funding; and WHEREAS, the CPP is required by HUD and outlines how the City will receive citizen and stakeholder input on community needs and the City’s use of HUD-funded activities; and WHEREAS, the City’s CPP conforms to federal requirements regarding the amount of time that must be allowed to the public to review and comment on City use of HUD funds; and WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law, making available $5 billion in CDBG-Coronavirus (“CDBG-CV”) funds; and WHEREAS, on April 2, 2020, HUD notified the City that HUD allocated $649,203 in CDBG-CV funds to the City; and WHEREAS, on March 30, 2020, HUD issued a memorandum regarding the availability of waivers of requirements contained in its Community Planning and Development Grant Program and Consolidated Plan Requirements, as part of an effort to expedite the distribution of funds to communities to prevent the spread of COVID-19 and mitigate its economic impacts; and WHEREAS, the memorandum includes waivers of regulatory requirements for 30-day public comment periods on amendments to the City’s Consolidated Plan and its Annual Action Plan (“AAP”), which establishes the use of CDBG funds on an annual basis; and WHEREAS, the memorandum also allows for flexibility in the method of receiving public input, including allowing remote public meetings; and WHEREAS, the City must amend its CPP and submit the same to HUD along with a waiver request, prior to amending its 2019 AAP, which is necessary to spend the CDBG-CV funds; and -2- WHEREAS, the amendments to the CPP will allow for a five day public comment period and will permit remote public meetings and hearings as part of the process for submitting CDBG-CV funding recommendations to City Council; and WHEREAS, a copy of the proposed amended CPP is attached hereto and incorporated herein by reference as Exhibit “A;” and WHEREAS, the City Council has determined that adoption of the amended CPP is in the best interests of the City and promotes the health, safety and general welfare of City residents by expediting the use of CDBG-CV funds to respond to the COVID-19 pandemic. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That in light of the foregoing, the City Council hereby adopts the amended Citizen Participation Plan, attached as Exhibit “A”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of May, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk CITIZEN PARTICIPATION PLAN (for HUD’s* five federal planning and reporting activities) May 5, 2020 City of Fort Collins Colorado Social Sustainability Department P. O. Box 580 Fort Collins CO 80522-0580 fcgov.com/socialsustainability * U.S. Department of Housing and Urban Development EXHIBIT A 2 Table of Contents I. Introduction 4 II. Plan Overview and Emphasis 4 III. General Guidelines and Standards for Public Participation 5 Standards for Distribution and Access 5 Reasonable and Special Accommodations 6 Overall Citizen Participation Standards 6 Review Periods 6 Public Hearings 7 Notices for Meetings, Public Hearings and Review Periods 8 IV. Additional Guidelines and Information for HUD’s Five Planning and Reporting Activities 8 Five-Year Strategic (Consolidated) Plan 8 Annual Action Plan 9 Amendments 9 Amendment Guidelines 9 Amendment Category Determination 10 Consolidated Annual Performance and Evaluation Report 10 VI. Citizen Participation: Other Guidelines and Information 11 Interdepartmental Coordination and Cooperation 11 Document Retention 11 Technical Assistance 11 Complaint Procedures 11 Response Standards for Citizen Complaints 11 Complaint and Response Process 12 Funding Application Complaints 13 Discrimination Complaints 13 VII. Conclusion 13 VIII. Attachment A: Citizen Process Table 14 3 IX. Attachment B: Definitions 15 X. Attachment C: Anti-Displacement Policy 17 4 Introduction The City of Fort Collins’ mission is to provide “exceptional service for an exceptional community.” In support of its overall Strategic Plan—and to the greatest extent possible—the City recognizes the importance of involving all community members in the planning and decision-making process of government. The goal of this Citizen Participation Plan is to fully integrate citizen input into the five planning and reporting activities required to successfully manage the City’s current community development, housing, and other future U.S. Department of Housing and Urban Development (HUD) programs. The five planning and reporting activities are: • Five-Year Strategic (Consolidated) Plan; • Annual Action Plans (AAP); • Consolidated Annual Performance and Evaluation Reports (CAPER); • Substantial Amendments to the Consolidated Plan or Annual Action Plans; • Amendments to this Citizen Participation Plan. Currently, the City of Fort Collins is the recipient of federal Community Development Block Grant (CDBG) funds and HOME Investment Partnership Program (HOME) funds. The Social Sustainability Department has primary responsibility for managing the citizen participation process and the development, implementation and reporting of annual accomplishments referenced in this Citizen Participation Plan. This plan also fulfills the requirements of federal regulation, 24 CFR Part 91.105. Plan Overview and Emphasis At the highest level, the City of Fort Collins has an overarching goal of being a sustainable community: environmentally, socially, and economically. Therefore, the City intends that its programs and policies have the greatest community impact possible. Effective and meaningful civic engagement is a strategy towards that goal. Specific to this arena, Fort Collins will encourage those persons who are intended to directly benefit from federal funds to participate in the formulation and implementation of projects to be funded with those dollars. These community members may include: minority residents or other persons in a legally protected class; those who do not speak English (Limited English Proficiency or LEP); persons with disabilities; female heads of households; and residents who identify themselves as low- and moderate-income. Of particular emphasis—in addition to the organizations and agencies that serve low- and moderate-income clients—is the participation of low- and moderate-income persons and residents of Public Housing and assisted housing. Moreover, special efforts will be made to include persons who are within one or more legally protected class categories, or who have English language barriers, or who are language isolated. 5 Additionally, the City is committed to the meaningful public engagement of community members who may be part of a special population (such as at-risk youth), or who are considered to be in a federal Presumed Benefit category (such as persons experiencing homelessness or those with HIV/AIDs). The City will enlist nonprofit and community organizations, including faith-based groups, resident associations, housing and human service agencies and other groups—as well as businesses and developers—to assist the City with fully engaging residents in the planning and implementation of its federal programs. In addition, the City will use developing communications strategies and media to further this goal. Those avenues to increase citizen input may include newsletters, news releases, web bulletins, social media, email, or other print or electronic materials. Finally, the City will use communications strategies which specifically address and connect with the unique needs of sub-populations within our community (e.g., persons experiencing homelessness, Spanish-speaking-only female heads of households). This Citizen Participation Plan will be incorporated (by attachment or reference) into every Five-Year Strategic (Consolidated) Plan, Annual Action Plans, and Consolidated Annual Performance Reports. General Guidelines and Standards for Public Participation The Citizen Participation Table, which organizes important process information in matrix form, is located in Attachment A. This Table is a quick reference tool, outlining all requirements for each planning and reporting activity. Definitions are provided in Attachment B. Standards for Distribution and Access* Public review and comments are welcome at any point in the process for the five reporting and planning activities. The City will encourage citizen input by: • Posting ADA- and Title VI-compliant notices in The Coloradoan, Fort Collins’ general circulation newspaper, in English and in Spanish; • Posting notices through partner agencies serving persons in legally protected classes, special populations, or Presumed Benefit categories (as determined by HUD). The City’s Communications and Public Involvement Office’s (CPIO) Multicultural/Diversity Contact database will be used as a reference. The notices will be posted and shared by those community partners determined to be most appropriate and effective, according to the Social Sustainability Department and CPIO, or by request; • Providing opportunities for interviews, surveys or focus groups, when appropriate; 6 • Posting an electronic copy of the document on the City’s website (which is compatible with web readers for the visually impaired and connected to Google Translate); and • Providing paper copies of documents at accessible locations, such as City offices and public libraries and community centers (except in the event that a declared emergency or disaster makes such action infeasible). • Whenever possible, using specialized communications strategies to address the needs of unique sub-populations (e.g., persons experiencing homelessness, Spanish-speaking-only, female heads of households, etc.). Reasonable and Special Accommodations* • To the maximum extent feasible, copies of the five reporting and planning activities documents will be made available in fully accessible locations. • Public input will be solicited in fully accessible locations. • Public meetings and public hearings will occur in fully accessible locations. • Upon request, the City will provide materials in Braille, large print, in Spanish or other languages as needed, or in a voice recording, at no cost to the requestor. • The City’s TDD/TYY number is: 970-221-3490. • Interpretation services will be made available where it is reasonably anticipated there will be a significant number of non-English speaking residents in attendance. • City Council proceedings are available with Closed Captioning on the local government cable channel (Channel 14). • The City will also deliver a copy of any Plan, Amendment or Report to a homebound person upon request. • Reasonable notice for requests is usually considered to be 48 hours. • Any content on the City of Fort Collins website may be immediately translated into any one of 81 languages. The Google Translate feature is located in the upper right section of the City’s Home page at: fcgov.com. • Regulation 24 CFR Part 91.105 (b) (1) also requires that any HUD-funded project or program that may displace residents describe how the City will assist those displaced. The City’s current Anti-Displacement Policy is an attachment to this document (Attachment C). Overall Citizen Participation Standards Review Periods Thirty-day (30-day) Public Review Periods are federally required and specifically set aside for public comments and input: 7 • For funding (federal and local) allocation recommendations prior to any final City Council funding allocation decision; • Prior to the submission of a Five-Year Strategic (Consolidated) Plan to City Council for approval; • Prior to the submission of an Annual Action Plan to HUD; and • Prior to the submission of any Substantial Amendment for the Consolidated Plan, an Annual Action Plan, and this Citizen Participation Plan. A fifteen-day (15-day) Public Review Period is federally required and specifically set aside for public comments and input: • Prior to the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) to HUD. Waiver of federally required public comment periods: • When, due to designated disasters or emergencies, HUD issues federal waiver guidance on the required minimum public review period, City staff will submit the prepared waiver request and documentation in order to deploy funding as expeditiously as possible. For FY19 AAP amendments and actions required to respond to COVID-19, the minimum public review period has been waived to allow for no less than 5 days for public comment. Public Hearings A minimum of two (2) federally required public hearings are held each Program Year to solicit citizen viewpoints and input. These public hearings are designed to ensure the City follows its purposes and proposed goals, and fully integrates citizen input into the corresponding documents in order to meet community needs. One public hearing will be held for the purpose of soliciting viewpoints on community needs and the proposed use of funds. The second public hearing will be held to assess how funds were spent during the prior Program Year. To comply with regulations, the public hearings are held at times and locations convenient to potential and or actual beneficiaries. In addition, City Council holds a public hearing before making a final decision at the end of each funding allocation process. City Council also holds public hearings before adopting the Five-Year Strategic Plan or its Substantial Amendments, and Substantial Amendments to the most recently adopted or amended Citizen Participation Plan.Public hearings for each Annual Action Plan, or its Amendments, are held by the Social Sustainability Department. Because the Consolidated Annual Performance and Evaluation Report (CAPER) is a summary and report on the previous federal Program Year’s performance, it does not include a public hearing as part of its process. Citizens 8 still have varied opportunities throughout the Public Review Period to express their thoughts on the accuracy and content of that document. All public hearing venues are in an accessible location. Interpretation services are made available where it is reasonably anticipated that there will be a significant number of non-English speaking residents in attendance. When public health crises or other disaster response prohibits the City’s ability to hold public meetings, City Council and/or Social Sustainability staff may elect to hold public hearings via an online platform, with appropriate notice and opportunity for reasonable accommodations and public comment. Notices for Meetings, Public Hearings and Review Periods At a minimum, notices for meetings, public hearings, and public review periods will be posted according to General Guidelines and Standards for Citizen Participation. Meetings Notices of pending meetings are posted at the Fort Collins City Clerk’s office in accordance with the Colorado Open Meetings Act. Additionally, they are also posted on the City’s website. The notices include a summary of the content included in the notice. Notices of pending meetings are posted at least 24 hours prior to a meeting, both physically at City Hall, and on the City’s website. Notices of a meeting cancellation or a special meeting are posted at least 24 hours in advance of the change, both physically at City Hall, and on the City’s website. Public Hearings Whenever possible, notice of a public hearing will be published at least fifteen (15) days* prior to the hearing, and never less than seven (7) days before a hearing. Additionally, General Guidelines and Standards for Public Participation will be followed. Those Guidelines and Standards in this document are intended to facilitate maximum citizen awareness, and participation in the Hearing. Public Review Periods All notices for a public review period will be published at least one (1) day prior to the commencement of the review period. Additionally, General Guidelines and Standards for Public Participation will be followed. Content in notices for public review periods will include the anticipated Community Development Block Grant and HOME Investment Partnership Program funding, any other HUD or City funding the City reasonably expects to 9 receive, how the funds are proposed to be allocated, and where further information is available. Waivers for Disaster Recover and Emergency Response In the instance of disaster recovery or emergency response, the City will implement HUD waiver guidance pertaining to public notices, public review periods and public hearings in order to expeditiously deploy critical response funds. * According to 2014 HUD CPD technical assistance received by the City, the 15-day advance notice for hearings is set out as a best practice by HUD, but is not required by regulation. The intent is to solicit maximum citizen awareness and participation, as outlined in the remainder of the paragraph. 10 Additional Guidelines and Information for HUD’s Five Planning and Reporting Activities At a minimum, the City will follow standards outlined under General Guidelines and Standards for Public Participation. Five-Year Strategic (Consolidated) Plan In order to receive an annual allocation of federal funds from the Department of Housing and Urban Development (HUD), the City must submit a Five-Year Strategic (Consolidated) Plan, which serves as the City’s strategic plan for five years, outlining goals to be achieved with its federal funds. To develop its Five-Year Strategic (Consolidated) Plan, the City may use a combination of the services of a consultant, along with consultations with other agencies, public hearings, and the solicitation of written comments, surveys, focus groups, and other methods of public engagement. The City will also coordinate its Plan with the Fort Collins Housing Authority for its Public Housing requirements. Annual Action Plan To implement the City’s five-year goals, an Annual Action Plan is also submitted to HUD each year listing the location, cost, proposed outcome, and ancillary information related to each project or program. Federal regulations require these funds be targeted to where they provide the greatest benefit to residents designated to receive HUD assistance, primarily the City’s low- and moderate-income residents. Amendments An amendment to the approved Five-Year Strategic (Consolidated) Plan will occur in the following instances: when the City adds a new priority, project or program not previously considered; decides not to carry out a project (activity) described in the Plan; decides to carry out a project not previously described; or to substantially change the purpose, scope, and/or location of beneficiaries of a project. Amendment Guidelines Substantial Amendments to Five-Year Strategic Plans (including AAPs) Substantial changes may include, but are not limited to: • Major project changes in: service area; significant change to a new location; purpose; program beneficiaries; or national objective compliance; 11 • Changing the use of CDBG funds from one eligible activity to another; • Changes from one activity to another, such as project cancellation and a new project approval; • Establishment of a new Neighborhood Revitalization Strategy Area (NRSA); and • Funding changes (+/-) greater than $25,000. Minor Amendments to Five-Year Strategic Plans (including AAPs) Amendments not considered substantial are small increases or decreases in the amount of funds allocated to an approved project or activity in order to achieve the original purpose of the project or activity. These minor changes may be carried out at the discretion of the department and are not subject to the criteria that apply to Substantial Amendments. Accordingly, there is no specific citizen participation process outlined for this activity. Because of potential impact to citizens being served by funding, Substantial Amendments will be subject to the same Guidelines and Standards for Public Participation as the other planning and reporting activities. With the exception of amendments due to receipt of disaster recovery or emergency response funds, Substantial Amendments will require: adequate notice of a 30-day public review period, the public review period, and a public hearing. Approval by City Council and a City Council public hearing will also be required for Substantial Amendments to the Five-Year Strategic (Consolidated) Plan (see Attachment A, Citizen Participation Table, Substantial Amendments). Amendment Category Determination for Citizen Participation Plan Amendments Due to a variety of circumstances and timelines under which such an amendment might occur, should there be a need for an amendment to the Citizen Participation Plan, departmental staff will determine the appropriate public participation process. Substantial Amendments to the Citizen Participation Plan Substantial changes may include, but are not limited to: • Substantial amendments include major changes in the methods used for public participation for any Plan approved by City Council, including public hearings, public review periods, and public notices. • Minor amendments will include any updates required by HUD for receipt of funds, including but not limited to, disaster recovery or emergency response funds. 12 Citizen Participation Plan updates for the purposes of addressing housekeeping or administrative items such as contact name changes, will be considered as minor updates, and not an amendment. Consolidated Annual Performance and Evaluation Report An integral part of measuring the success of the City’s HUD-funded activities is the publication of a Consolidated Annual Performance and Evaluation Report (CAPER), which provides an objective assessment of the City’s progress toward meeting the stated goals outlined in the Five-Year Strategic (Consolidated) Plan, as well as the corresponding Annual Action Plan being reported on. Citizen Participation: Other Guidelines and Information Interdepartmental Coordination and Cooperation The Social Sustainability Department will work with the Communications and Public Involvement (CPIO), any communications employees assigned to the Social Sustainability Department, and employees of the Finance Department who are responsible for overall grants compliance administration and Title VI compliance. Document Retention All Plans, Amendments, Reports, and activity files are public documents and are available both in paper copy and electronically from the City of Fort Collins. All documents are retained for a minimum of five years and are available for review with sufficient notice (usually 48 hours). To maintain confidentiality, the City will take all necessary measures to ensure any sensitive beneficiary information contained within the department’s files is compliant with federal, state, and local privacy requirements. Technical Assistance Upon request, Social Sustainability Department staff will provide technical assistance to any group representative of persons of low- and moderate-income interested in developing proposals for funding assistance under any of the programs covered by the Consolidated Plan. The department may determine, at its discretion, the level and type of assistance following consultation with those requesting technical assistance. Complaint Procedures Response Standards for Citizen Complaints 13 Substance and Timeliness Should a citizen have concerns/complaints related to the Plans, Amendments and/or Reports or any other federal program document or procedure, the concerns may be submitted in writing. The City will provide a timely, substantive written response to every citizen complaint within 15 business days, as required by federal regulation. Inclusion in Documents/Plans Complaints received during any of the five reporting and planning activity processes, and the outcome of their consideration by the City, will be included in the corresponding, adopted Five-Year Strategic (Consolidated) Plan or Annual Action Plans submitted to HUD. Excluded Comments City staff shall notate citizen comments excluded from any document, the general nature of the comment, and the reason for exclusion. Complaint and Response Process Level One: 1) The response to the complaint will be handled by the Project Manager assigned to the plan or activity, or by a Social Sustainability employee designated by the Department Director. 2) When a Project Manager or other contact information is not expressly provided, written complaints may be submitted to: Address: Director of Social Sustainability City of Fort Collins P. O. Box 580 Fort Collins CO 80522-0580 Phone: 970-221-6734 Level Two: If not resolved by the Department, formal complaints should be addressed to the Fort Collins City Manager and filed in writing at: City Manager’s Office, City Hall, 300 Laporte Ave, Fort Collins, CO 80521. The City Manager will refer the complaint to appropriate City staff for a written response regarding the complaint within 15 business days upon receipt of the complaint. 14 Level Three: If the complainant is not satisfied with the City Manager’s response, further appeals should be addressed to the Fort Collins City Council, c/o the Mayor (City Hall, 300 W. Laporte Ave., Fort Collins, CO 80521). The Council has 30 days in which to take further action as deemed necessary to address the complainant’s concerns. Level Four: If the complainant has not been satisfied with the response of City Council, a formal complaint may then be addressed directly to the regional Department of Housing and Urban Development (HUD) at: Department of Housing & Urban Development, 1670 Broadway, Denver, CO 80202-4801. Funding Application Complaints Formal complaints regarding HUD’s approval of the City of Fort Collins’ application for CDBG and/or HOME funding should be submitted in writing to the HUD Area Office within 30 days of the publication of the application notice. In order to ensure submitted objections are considered during the review process, HUD will not approve an application until at least 45 days after receipt of an application. In the interest of time, therefore, if the complainant is not satisfied with the response from the City staff and wants her/his comments to be considered during the HUD review process of the City’s CDBG/HOME funding application, she/he should then contact HUD directly within the designated time frame. Discrimination Complaints When the complainant’s concern is of a discrimination-related nature (e.g., discrimination on the basis of physical or mental disability; race; creed; color; sex; marital status; familial status; religion; national origin; and/or ancestry; or other legally protected classes), the complainant should immediately contact one of the following resources: 1) City Manager’s Office: Civil Rights/ADA Officer 300 W. Laporte Ave., Fort Collins, CO 80521 Phone: 970-416-2253 2) City of Fort Collins: Title VI Coordinator Phone: 970-221-6526 3) The Colorado Civil Rights Commission/Division 15 Phone: 303-894-2997, Toll Free: (800) CO-CIVIL (282-4845). The Colorado Civil Rights Division website, www.dora.state.co.us/civil-rights, provides information about the Division, the Civil Rights Commission, and the process for filing a complaint. 4) The HUD Fair Housing Hotline (discrimination and housing-related issues) Phone: 800-669-9777 Conclusion The City of Fort Collins has a commitment to fostering public participation within the broadest spectrum of community members. This Plan is intended to reflect not only adherence to federal requirements, but also standards for meaningful communications excellence. As future strategies for community engagement emerge, develop, and are proven effective, they will be incorporated into Amendments to this Plan. 16 Attachment A Citizen Participation Table Document Public Participation: Minimum Standards Required Time for Public Review Required Approval Deadline Citizen Participation Plan and Substantial Amendments 1) 1-day prior notice of Public Review Period. 2) 15-day notice of Public Hearing. 3) Public Hearing: City Council. 30-day Public Review Period DR-funds: 5- day Public Review period City Council Approval 1) Amended as needed. 2) Most current update included with Five-Year Strategic (Consolidated) Plan Five-Year Strategic (Consolidated) Plan and/or Annual Action Plans 1) 1-day prior notice of Public Review Period. 2) 15-day prior notice of Public Hearing. 3) Consolidated Plan Public Hearing: City Council. 4) Annual Action Plan Public Hearing: Social Sustainability Department. 30-day Public Review period 1) Consolidated Plan: City Council Approval 2) Annual Action Plan: n/a* Submit to HUD August 15 (45 days prior to start of new Program/Fiscal Year) Five-Year Strategic (Consolidated) 17 Public Hearings 1) One Public Hearing is to solicit citizen viewpoints and comments on how funds for affordable housing, community development programs and projects, and other funding-eligible activities should be spent. 2) One Public Hearing is to solicit citizen viewpoints and comments, and to also report to the community on how funds were spent during the City’s previous Program Year. * Funding recommendations are subject to the 30-day Public Review period prior to final City Council approval, but the document content is not approved by Council prior to submission to HUD. As indicated, the Annual Action Plan document is also subject to a 30-day public review period, which may run concurrent with the Public Review period for funding recommendations. ** According to 2014 HUD CPD technical assistance, there is no regulatory time frame for notice postings prior to a Public Hearing. However, HUD’s suggested guideline is 15 days prior to any Hearing. 18 Attachment B Definitions Annual Action Plan (AAP). The Annual Action Plan, required annually by HUD, details the expenditure of yearly CDBG and HOME grants and ensures funds are directed towards activities addressed in the Consolidated Plan. HUD requires the City to maintain a significant correlation between the goals identified in the Consolidated Plan and use of federal funds. Currently, the CDBG Commission evaluates and recommends activities to City Council. However, the City Council has the right to approve activities outside the recommendations of the Commission. The Annual Plan is due to HUD on August 15, forty-five (45) days before the start of the City’s new federal fiscal year on October 1. Area Median Income (AMI). This household income measurement is used by some federal agencies such as HUD, in contrast to the Federal Poverty Level. This measurement is community-based, and assesses a household’s income in the context of other households in a geographic area. Consolidated Annual Performance and Evaluation Report (CAPER). This report is a self- assessment of the implementation of the Consolidated Plan and the Annual Action Plan. Activity outcomes and outputs are reported showing the effectiveness of the federal funds. This report includes details of the number and demographics of the community served. The CAPER is due to HUD by December 31st , 90 days from the end of the City’s federal fiscal year. Five-Year Strategic (Consolidated) Plan. As an Entitlement Community recipient of Community Development Block Grant (CDBG) funding and a Participating Jurisdiction in the HOME Investment Partnership Program (HOME) funding, the City is required by HUD to develop a Consolidated Plan that evaluates the needs of its low- and moderate- income residents. This includes a review of the City’s housing, homeless, and community development needs; provides a housing market analysis; and creates a strategy to address the needs identified. This plan is revised every five (5) years. The current Consolidated Plan cycle is: 2010-2014 (October 1, 2010 through September 30, 2015) and 2015-2019 (October 1, 2015 through September 30, 2020). Low-Income Neighborhood. A low-income neighborhood is a predominantly low- income neighborhood identified as such by Census Tract, because 50% or more of the residents in that tract have incomes below 60% of the Area Median Income (AMI), an income measurement used by HUD. In Fort Collins, Qualified Census Tracts are located in the Old Town area, near Colorado State University, and on the northern-most border of the City (as of 2010 Census). 19 Predominantly Low- and Moderate-Income Neighborhood. A predominantly low- and moderate-income neighborhood is identified as such by Census Tract, because 50% or more of the residents in that tract have incomes below 80% of the Area Median Income (AMI), an income measurement used by HUD. 20 Attachment C Anti-Displacement Policy As part of the Citizen Participation Plan, the City must include its plan to minimize displacement of persons and to assist any persons displaced, specifying the types and levels of assistance. The City has in effect and is following the Residential Anti- Displacement and Relocation Assistance Plan as described below which will minimize displacement of any person as a result of a federally-assisted activity. All occupied and vacant occupiable lower-income dwelling units that are either demolished or converted to a use other than providing low-income dwelling units, in connection with a federally-assisted activity, must be replaced with comparable lower- income dwelling units. Replacement of lower-income dwelling units may be provided by any government agency or private developer and must meet the following requirements: 1. The units must be located within the recipient’s jurisdiction. 2. The units must be sufficient in number and size to house no fewer than the number of occupants previously housed in the units that were demolished or converted. 3. The units must be provided in standard condition. 4. The units must initially be made available for occupancy at any time during the period—beginning one year before the action—and remain available for three years following the action. 5. The units must remain lower-income units for 10 years from the date of initial occupancy. Before work shall commence, the recipient must make public and submit in writing to the HUD field office the following information: a description of the proposed federally- assisted activity, the location on a map and the number of dwelling units by size, the time schedule for the commencement and completion of the demolition or conversion, the location and number of dwelling units by size that will be provided as replacement units, the source of funding and time schedule for the provision of replacement dwelling units, the basis for concluding that each replacement dwelling unit will remain a lower- income dwelling unit for at least 10 years from the date of initial occupancy, and information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the needs assessment contained in its HUD- approved Consolidated Plan. 21 Replacement is not required if the HUD field office determines there is an adequate supply of vacant lower-income dwelling units in standard condition available on a nondiscriminatory basis within the area. In addition, the displaced person will be advised of his or her rights under the Fair Housing Act. Each person will be provided moving expenses at the levels described in 49 CFR Part 24. Each person will also receive the cost of a security deposit and credit check required for the replacement unit and any actual out-of-pocket costs including moving expenses, if required to temporarily relocate. Displaced persons are eligible for either rental assistance equal to 60 times the amount necessary to reduce the monthly rent or a payment equal to the capitalized value of 60 times the amount that is obtained by subtracting the “Total Tenant Payment” as determined under part 813 of this title as listed above, from the monthly rent and estimated average monthly cost of utilities at a comparable replacement dwelling unit. A person who disagrees with the determination concerning whether the person qualifies as a displaced person or with the amount of relocation assistance for which the person is eligible may file a written appeal of that determination. A person who is dissatisfied with the determination on his or her appeal may submit a written request for review of that determination to the HUD field office for the applicable region. If the full relief is not granted, the person shall be advised of his or her right to seek judicial review. Plan Substantial Amendments 1) 1-day prior notice of Public Review Period. 2) 15-day prior notice of Public Hearing. 3) Public Hearing: City Council 4) Exception: 24 hours in advance for DR funds 30-day Public Review period DR-funds: 5- day Public Review period City Council Approval Submit to HUD after City Council approval Annual Action Plans Substantial Amendments 1) 1-day prior notice of Public Review Period. 2) 15-day prior notice of Public Hearing. 3) Public Hearing: Social Sustainability Department 4) Exception: 24 hours in advance for DR funds 30-day Public Review period DR-funds: 5- day Public Review period Annual Action Plan: n/a* Submit prior to start of next Program/Fiscal Year Consolidated Annual Performance and Evaluation Report (CAPER) 1-day prior notice of Public Review Period. 15-day Public Review period n/a Submit to HUD December 31 Public Hearing Notices Posting standards and implementation reflect a goal of maximizing citizen awareness and participation in Hearing.** n/a n/a Goal of 15 days, not less than 7 days before Hearing, Additional Two (2) general Public Hearings are required annually: