CDBG Citizen Participation Plan Amendment and Public Hearing

David Mohlenbrok, Director of Community Development

Laura Webster, Director Office of Long Range Planning

Sharon Cohen, Environmental and Housing Specialist

Adopt a Resolution Of The City Council Of The City Of Rocklin Approving An Amendment To The Citizen Participation Plan To Include Modifications For Cares Act Compliance And General Clarifications For The U.S. Department Of Housing And Urban Development (HUD) Community Development Block Grant (CDBG) Funds.

This is the only required public hearing in order to adopt an amendment to the Citizen Participation Plan in order to include modifications for CARES Act compliance and general clarifications.

To be eligible to receive HUD Community Development Block Grant (CDBG) funds on an annual basis, the City of Rocklin must complete a Consolidated Plan, at least every five years, and an Action Plan, on an annual basis. The Consolidated Plan is a comprehensive planning document that serves as the guiding document for the use of funds from the HUD Community Development Block Grant entitlement program in the areas of housing and community development. On April 14, 2020, the City Council approved the Consolidated Plan which covers the five-year period.

The City was notified of an award of $279,106 for the 2020-2021 Program Year and $164,189 in CDBG-CV funds from the CARES Act in response to the COVID 19 pandemic.

In accordance with HUD regulations (24 CFR 91.105), the City is required to have and follow a detailed Citizen Participation Plan that sets forth policies and procedures for engaging the public in the development, implementation, and evaluation of the City’s CDBG and related HUD programs, including efforts to affirmatively further fair housing. The City’s current Citizen Participation Plan was adopted July 12, 2011 and last updated December 13, 2011.

In response to the Coronavirus Pandemic (COVID-19), the U.S. Department of Housing and Urban Development Community Development Block Grant program has notified the City of Rocklin that it has received a formula allocation from the first round of CDBG-CV funding in the amount of $164,189 to be used specifically for the prevention of, preparation for, and response to the Coronavirus. This allocation was authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, which was signed on March 27, 2020.  On April 9, 2020, HUD issued a Memorandum from John Gibbs, Acting Assistant Secretary for Community Planning and Development transmitting the CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response Guide.  In order to take advantage of certain flexibilities offered in the CARES Act as described in the April 9 Guide the City must make modifications to its Citizen Participation Plan. These changes will streamline future Amendments to the City’s Annual Action Plan in response to the coronavirus pandemic, and ultimately enable the City to utilize the CARES Act funds.

Proposed Changes to the Citizen Participation Plan:

HUD has stated that these waivers will be in effect through the end of the 2020 Program Year, which for the City of Rocklin is June 30, 2020. Provisions relative to Consolidated Plan, Citizen Participation and Community Development Block Grant waivers made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116-136, signed into law March 27, 2020) as transmitted by HUD in the April 9, 2020 CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response Guide:

1. Update public comment period to five (5) calendar days during declared disasters or emergency events, such as the recent coronavirus (COVID-19) pandemic (Sections IIB(3), IIID, VII)
2. Allow virtual public hearings during declared disasters or emergency events, such as the recent coronavirus (COVID-19) pandemic, as an allowed method for citizen participation (Sections IIB(3), IIID, IV, V, VIII).**
3. The FY 2020 Consolidated Annual Performance and Evaluation Report (CAPER) is due to HUD no later than December 31, 2020 (Section IIC)

**If virtual hearings are used, real-time responses and accommodations for persons with disabilities and/or limited English proficiency will be made available to the greatest extent possible.

Staff used this opportunity to review the existing Citizen Participation Plan and is recommending a few non-CARES Act modifications. Other permanent non-CARES Act modifications proposed to the Citizen Participation Plan at this time for clarification include:

1. Distinguish between Annual Action Plan and Consolidated Plan Substantial Amendments (Section IIB(3))
2. Add “the addition of funds from any program covered by the Consolidated Plan not previously described in the Action Plan (including program income, reimbursements, repayment, recaptures, or reallocations from HUD) to the definition of Substantial Amendments (Section IIB(3))
3. Add “either paper or electronic format” to “In the spirit of encouraging public participation, copies of Consolidated Plan documents will be provided in to the public at no cost and within one week of a request.” (Section VB)
4. Change “Funding of an activity type not described in the Annual Action Plan” to “Adding or cancelling an activity” to Annual Action Plan Substantial Amendments (Section IIB(3))
5. Add Special Circumstance Non-Substantial Amendments as Defined by HUD Notice (Section IIB(3))
6. Add Non-Substantial Amendments to the Annual Action Plan – Definition and Treatment Section (Section IIB(3))
7. Add Homeless Resource Council of the Sierras (HRCS) email as an additional email address for noticing documents {Section IIA, IIB(2), IIIC)
8. Add “4. Submit plan for HUD review” to the Consolidated Plan Process (Section IC)
9. Specify public notices will be posted on the City's Community Development Block Grant’s website and the website address (Section IIA, IIB(2), IIIC, VC)
10. Add “Should the Public Library be closed for extended periods, the draft Consolidated Plan and/or draft Annual Action Plan may not be made available for review at the Public Library.” (Section IIA, IIB(2), IIIC, VC)
11. Take “typically” out of “Public comment periods are typically 30 calendar days” to read “Public comment periods are 30 calendar days” and add “not including the date of publication notice” (Section IIA)
12. Change “Publicly notice and conduct a public meeting to solicit input on needs and priorities.” To “Publicly notice and conduct a public meeting to solicit input on five-year priority needs and goals in the development of the five-year strategic plan.” (Section IIB(1))
13. Change “public meeting” to “public hearing” and add “and/or the Action Plan” to “Publicly notice and conduct a public hearing to solicit input on needs and priorities for the Consolidated Plan.” (Section IIB(1))
14. Delete “The City will issue a public hearing notice for the draft Annual Action Plan to solicit comments on the use of the CDBG funds.” (Section IIB(1))
15. Change “Conduct a public hearing before the City Council” to “Publicly notice and conduct a public hearing before the City Council, following the review and comment period and prior to the adoption of the Consolidated Plan and/or the Action Plan.” (Section IIB(1))
16. Delete “A public hearing before the Rocklin City Council prior to adoption of the Consolidated Plan and/or the Action Plan.” (Section IIB(2))
17. Add “or written” to accepted comments or testimonies accepted during public hearings (Section IIB(2)
18. Add “Annual Action Plan” to “The City of Rocklin will provide a period of at least thirty (30) days to receive comments on the…” (Section VII)
19. Add “Changes to Required Notice for ‘expedited Substantial Amendments’” Section (Section IIID)
20. Add “Examples of Technical Assistance that may be provided includes:” and “at the City’s discretion” to “Conducting workshops to explain: 1) the process for submitting proposals and 2) federal and local requirements.” Delete “(beyond 40   hours)” out of “The City may provide additional (beyond 40 hours) technical assistance if, in the opinion of the City Manager, staff time is available.” (Section VI)
21. Add “Annual Action Plan,“ to “The City of Rocklin will provide a period of at least thirty (30) days to receive comments on the draft Consolidated Plan and on any Substantial Amendments.” (Section VII)
22. Add “Rocklin Events Center, other Rocklin locations or virtually” to places in which public meetings can be held (Section IV)

City Staff provided the required 2-day notice to HUD that it intended to make use of these waivers on June 24, 2020. A notice regarding the availability of the draft Citizen Participation Plan and upcoming public hearing was published on July 3, 2020. The Plan was available for public review and comment from July 3, 2020 to July 9, 2020.

The City receives approximately $280,000 annually in CDBG funding and is receiving $164,189 in CDBG-CV funds from the CARES Act. A portion of the funding is set aside for administering the grant. Administrative functions include costs associated with updating the Citizen Participation Plan and carrying out the requirements, including noticing.

Processing of the Amendment to the Citizen Participation Plan is necessary in order for the City to utilize the HUD waivers allowing shorter public comment periods and virtual hearings and will expedite the City’s ability to amend its 20/21 Annual Action Plan in the near future to implement allocation of CARES Act Funds.