HomeMy WebLinkAbout2014-043-05/20/2014-ADOPTING THE CITIZEN PARTICIPATION PLAN: 2014 AMENDMENT AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSIN RESOLUTION 2014-043
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITIZEN PARTICIPATION PLAN: 2014 AMENDMENT
AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
WHEREAS, the City receives federal Community Development Block Grant ("CDBG")
and HOME Investment Partnership ("HOME") funds from the U.S. Department of Housing and
Urban Development ("HUD"); and
WHEREAS, HUD requires five federal planning and reporting activities, one of which is
a Citizen Participation Plan, with amendments as required; and
WHEREAS, the City's Citizen Participation Plan was last updated in 2010; and
WHEREAS, the City strives to comply with the all HUD-required regulations for citizen
engagement, and the City also has implemented new procedures for grants administration
compliance; and
WHEREAS, the City Council, the City organization, and specifically the Social
Sustainability Department and the City's Communication and Public Involvement Office
("CPIO"), are committed to meaningful and effective public engagement with all Fort Collins
community members; and
WHEREAS, notice of a 30-day public review period for the Citizen Participation Plan:
2014 Amendment (the "Plan") was provided through a notice in the Coloradoan, posting on the
City's web site, and posting and sharing with a dozen community partner entities serving those
citizens in legally protected classes, or those citizens who might otherwise have barriers to
participating in the decision making processes of local government; and
WHEREAS, the draft Plan was made available on the City's website, at the Social
Sustainability Department, and at all three branches of the Poudre River Library District; and
WHEREAS, City staff held three focus group "chats" at the Sister Mary Alice Murphy
Center for Hope, at Circles Larimer, and at the Family Center/la Familia (with an interpreter) in
order to ascertain the specific needs and wishes of those citizens in legally protected classes--
including those in ethnic/racial minorities, those with disabilities, and those who are female
head-of-household, those with limited English language proficiency, and of those who might
otherwise experience barriers to public participation; and
WHEREAS, the draft Plan was subject to internal review by City staff in the Social
Sustainability Department, grants compliance administration, the City Attorney's Office, and the
CPIO; and
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WHEREAS, the draft Plan was also informally reviewed by the City's HUD Community
Partnership Development ("CPD") representative and Fair Housing and Equal opportunity
Division representative; and
WHEREAS, the draft Plan was also subject to a formal review during a recent HUD
monitoring, with satisfactory results; and
WHEREAS, the Plan does not require a formal recommendation from the City's CDBG
Commission, nor does it require formal approval by HUD; and
WHEREAS, it is in the best interests of the City that the Plan be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Citizen Participation Plan: 2014 Amendment, dated May 20, 2014, and
attached as Exhibit "A" and incorporated herein by reference, is hereby adopted.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of May, A.D. 2014.
FORT Cps M yor
ATTEST: X. �2N
City Clerk p
COLOR°O
2 _
EXHIBIT A
City of
o rt Collins
1401*
CITIZEN PARTICIPATION PLAN
(for HUD's* five federal planning and reporting activities)
r
2014 Amendment
May 20, 2014
City of Fort Collins Colorado
Social Sustainability Department
P. O. Box 580
Fort Collins CO 80522-0580
fcgo v.com/socialsustainability
* U.S. Department of Housing and Urban Development
Table of Contents
I. Introduction 4
Ill. 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 it
Document Retention it
Technical Assistance 11
Complaint Procedures 11
Response Standards for Citizen Complaints 11 .
Complaint and Response Process 12
Funding Application Complaints 13
Discrimination Complaints 13
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VII. Conclusion 13
Vill. Attachment A: Citizen Process Table 14
IX. Attachment B: Definitions 15
X. Attachment C: Anti-Displacement Policy 17
3
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
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categories, or who have English language barriers, or who are language isolated.
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 Colorodoon, 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;
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• Providing opportunities for interviews, surveys or,focus groups, when
appropriate;
• 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 City offices and area libraries.
• 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).
Reasonable and Special Accommodations
• 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: fcqov.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 Q.
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:
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• 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 or its updates.
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.
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 the Citizen
Participation Plan or its Substantial Amendments. 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 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.
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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
Notice for a public review period will be published at least seven (7) days prior
to 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
receive, how the funds are proposed to be allocated, and where further
information is available.
An exception is the public review period for funding allocation
recommendations. That notice is published 24 hours in advance of the public
review period. A full thirty days is allowed for citizen comment and input prior
to City Council's final decision.
*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.
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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:
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• Major project changes in: service area; significant change to a new location;
purpose; program beneficiaries; or national objective compliance;
• 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.
MinorAmendments 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. Substantial Amendments
will require: adequate notice of a 30-day public review period and a City Council public
hearing; the public review period and public hearing; and approval by City Council (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 consult with the designated HUD CPD Representative in regard
to required and appropriate public participation processes. City staff will obtain a
written determination as to whether the amendment is considered substantial or minor,
and what items are subsequently required.
Citizen Participation Plan updates for the purposes of addressing housekeeping 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
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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 (CPIC), 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
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.
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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.
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.
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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
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
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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.
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Attachment A
Citizen Participation Table
Public Participation: Required Time Required
Document Minimum Standards .for Public A Deadline
Review Approval
Citizen 1) 7-day prior notice of Public 1)Amended as needed.
Review Period. 2) Most current update
Participation 30-day Public City Council
Plan and 2)7-day notice of Public Review Period Approval included with Five-Year
Hearing. Strategic(Consolidated)
Amendments 3) Public Hearing:City Council Plan
1)7-day prior notice of Public
Five-Year Review Period.
Strategic 2) 7-day prior notice of Public 1)Consolidated
(Consolidated) Hearing. 30-day Public Plan: City Council . Submit to HUD August 15
3)Consolidated Plan Public Review period Approval (45 days prior to start of
Plan and/or Hearing:City Council. 2)Annual Action new Program/Fiscal Year)
Annual Action 4)Annual Action Plan Public Plan: n/a*
Plans Hearing:Social Sustainability
Department.
1)7-day prior notice of Public
d Review Period.Substantial 30-day Public City Council Submit to HUD after City
2)7-day prior notice of Public
Amendments Review period Approval Council approval
Hearing.
3)Public Hearing:City Council
Consolidated
Annual
Performance 7-day prior notice of Public 15-day Public n/a Submit to HUD
and Evaluation Review Period. Review period December 31
Report
(CAPER)
Posting standards and
Public Hearing implementation reflect a goal Goal of 15 days, not less
of maximizing citizen n/a n/a than 7 days before
Notices awareness and participation Hearing,
in Hearing."
Two (2)general Public Hearings are required annually:
Additional 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
Public should be spent.
Hearings 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.
**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.
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A
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 31't, 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).
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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.
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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.
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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.
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