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RES 1995-3055 - Amend citizen participation plan for consolidated plan for community planning and development programs OMAHA,n.F��'� R r F y 1yi �`,� � November 21, 1995 1r� Y_ r ear�� 95 1OV I ,., 3 Opp- ti AO�. ED FEBRVr4� CITY CLERK Honorable President G M A H A NE t; A r: Y City of Omaha Hal Daub,Mayor Planning Department and Members of the City Council, Omaha%Douglas Civic Center 1819 Farnam Street,Suite 1100 Omaha,Nebraska 68183 0110 The attached proposed Resolution approves an amendment to the Citizen (402)444-5200 (402)444-5150 Participation Plan for the Consolidated Plan for Community Planning and Telefax(402)444-6140 Development Programs (Consolidated Plan). As a Grantee receiving Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG),and HOME Investment Partnerships(HOME)funds,the City of Omaha carries out a Citizen Participation Plan as a part of its Consolidated Plan process. The Citizen Participation Plan is published and open for comment in the same manner as the Consolidated Plan. This amendment to the Citizen Participation Plan adds a section to set forth the City's plans to minimize displacement of persons and to assist any persons displaced. This section is required under new regulations for the Citizen Participation Plan. We urge your approval of this Resolution to approve the attached amended Citizen Participation Plan for the Consolidated Plan for Community Planning and Development Programs. Sincerely, Referred to City Council for Cons' oration: Je . Joh(' on, AICP Planning Director A,iv Maa3(or's Office/Title Ap•roved as to Funding: Approved: of '' • Louis A. D'Ercole, Act_ipg Director eorge L. vi ,Jr.,Acting Director Finance Department ( � Human R tions Department P:\PLN 1\1379.MAF 4as Housing and Community Development Consolidated Plan Citizen Participation Plan As a Grantee receiving Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and HOME Investment Partnerships (HOME) funds from the U. S. Department of Housing and Urban Development (HUD), the City of Omaha carries out a Citizen Participation Plan as a part of its Consolidated Plan process. The Citizen Participation Plan is designed to: 1. Encourage citizens to participate in the development of: a. the Consolidated Plan, b. any amendments to the Consolidated Plan, and c. the performance report concerning the Consolidated Plan. In particular, the City of Omaha encourages participation by low and moderate income citizens in areas containing slums, blight and/or specifically proposed activities. 2. Assure that citizens are furnished appropriate information including the amount of assistance the City of Omaha expects to receive, the range of activities that may be undertaken, the amount of benefit likely to be received by low and very low income people, the plan both to minimize displacement and to assist those displaced and, finally, a summary of the proposed plan itself; and assure as well that citizens are provided with an opportunity to comment on the plan, any amendments, and any performance reports prior to submission; 3. Offer public hearings and meetings (with adequate notice, convenient times and locations along with accommodations for people with mobility, visual or hearing impairments provided) on: a. housing and community development needs, b. development of proposed activities, and c. the review of program performance. 4. Address needs of non-English speaking residents. 5. Assure reasonable and timely access to meetings, information and records. 1 6. Provide for technical assistance to groups representative of persons of low and moderate income who ask for assistance when developing proposals for CDBG or other activities (the level and type of assistance is determined by the Grantee). 7. Consider any comments or views of citizens received in writing, or orally at the public hearings, in preparing the final Consolidated Plan, amendment of the plan or performance report. 8. Provide for consultation with other public and private agencies that provide assisted housing, health services, and social services. 9. Specify criteria for determining what constitutes a substantial change in planned or actual activities, thereby requiring an amendment to the Consolidated Plan. 10. Where practicable, provide within 15 working days substantive, timely written response to written complaints and grievances. 1. Participation by Low and Moderate Income Citizens CDBG-funded programs are generally available to citizens residing east of 42nd Street and west of the Missouri River, south of I-680 and north of Harrison Street, with the exception of the city-wide Emergency, Home Handyman, Rental Assistance and Barrier Removal programs. Based on the most current U. S. Census information, neighborhoods in this area are predominantly populated by low and moderate income persons, and have experienced a significant level of decay, such that they are eligible for slum and blight designation. Staff members of the City of Omaha Housing and Community Development Division of the Planning Department assist in the organization of neighborhood groups within the area of predominantly low and moderate income persons. These neighborhood groups act as catalysts for neighborhood development and improvement programs. The neighborhood groups provide feedback on program performance and needs assessment information for future planning. The Planning Department publishes flyers and newsletters for these neighborhood groups. The Planning Department also encourages the participation of residents of public and assisted housing developments (along with other low-income residents of targeted revitalization areas in which the developments are located) in the process of developing and implementing the Consolidated Plan. 2 In addition, Planning Department staff market programs to low and moderate income citizens, particularly residents in the designated neighborhood target areas through the following activities: - Speaking to interested organizations - Responding to phoned and written inquiries - Personally visiting with eligible persons in their homes -Purchasing advertising space in the daily and minority newspapers to notify citizens of program availability - Advertising requests for proposals for community development programs and projects - Issuing press releases and responding to media inquiries - Marketing programs through service agencies and organizations that serve lower income persons 2. Appropriate information and opportunity to comment Before the City of Omaha may adopt a Consolidated Plan, the City must make available to citizens, public agencies, units of local government, and other interested parties information that includes: a. the amount of assistance the jurisdiction expects to receive from all funding sources during the program year, b. the range of activities that may be undertaken, c. the amount of funds that will be used for the benefit of very low-and low- income persons, and d. plans both for minimizing displacement and for assisting those who are displaced. This information is provided to the public through published notices of availability of funds,public hearings and meetings and, further, is available on request at the City Planning Department offices. The Planning Department publishes for comment a summary of the proposed Consolidated Plan in one or more newspapers of general circulation and makes copies of the proposed plan available at libraries, government offices and public places. The summary describes the contents and purpose of the Consolidated Plan and includes a list of the locations where copies of the entire plan may be examined. The City of Omaha notifies citizens of the availability of the Consolidated Plan as adopted, any amendments and its performance report as these documents 3 are developed, to afford citizens a reasonable opportunity to examine their contents. The City of Omaha provides citizens a period of not less than 30 days to make comments on the plan, amendments and any reports that are to be submitted to the Department of Housing and Urban Development. The Citizen Participation Plan is published and open for comment in the same manner as the Consolidated Plan, i.e., plan is made public and in a format accessible to persons with disabilities. The City of Omaha provides citizens an opportunity to comment on the original citizen participation plan and on any amendments to the citizen participation plan. The Planning Department also publishes the following documents on an annual basis: - The City of Omaha Grantee Performance Report (GPR) - Rehabilitation Financing Guidelines - A Catalog of Community Development Programs - A Neighborhood Groups Directory These documents are available on request at the City Planning Department offices, including copies of all past years documents. Public information pertaining to all projects and contracts exceeding $20,000 is available on request through the City Clerk's Office. The Planning Department distributes copies of the Consolidated Plan and the GPR to all city library locations. 3. Public Hearings and Meetings (with) accommodations for people with mobility, visual or hearing impairments The Planning Department holds a minimum of two public hearings each year, at two different stages of the program year. These hearings address housing and community development needs, development of proposed activities, and review of program performance. At least one of these hearings is held before the proposed Consolidated Plan is published so as to obtain the views of citizens on housing and community development needs, including priority non-housing community development needs. The hearings are held at the Omaha/Douglas County Civic Center which is centrally located, accessible to persons with disabilities, and easily reached by private and public transportation. A sign interpreter for persons with hearing disabilities, and other alternative formats, are available on request. The 4 .r� hearings are scheduled for late afternoon or evening to allow participation by the greatest number of people. In order to provide citizens with time to inform themselves, the Planning Department provides advance notice of its hearings through advertising in local papers and announcements to neighborhood, advocacy and service organizations. Staff meet periodically with the presidents of neighborhood associations to provide an update on rehabilitation program changes and receive input on how the programs are operating in the neighborhoods. Planning Department staff participate in meetings with advocacy and service organizations to examine special needs (e.g. shelter needs for homeless persons). The Planning Department holds public meetings and meetings with advocacy and service organizations on an occasional basis for the purpose of program evaluation (e.g., to evaluate accessibility of programs to persons with disabilities). The Planning Department meets with advocacy and service organizations on an occasional basis to obtain input for developing housing strategies. All public meetings scheduled by Planning Department staff are held in facilities that are accessible to persons with disabilities, and a sign interpreter is available for persons with hearing impairments. These accommodations are noted in meeting announcements. Major federally funded projects are discussed as part of the annual City Budget and Capital Improvements Program process, with official hearings and notice in local newspapers. City Council meetings are held each Tuesday afternoon at the Omaha/Douglas Civic Center. Additional public hearings concerning proposed housing and community development activities are held by the Omaha Planning Board. These meetings also are advertised in local newspapers. The City provides information to the Omaha Housing Authority about housing and community development plan activities so that OHA can make this information available at the annual public hearing required under OHA's Comprehensive Grant program. 5 4. Needs of Non-English Speaking Residents At least 95% of the Omaha population speaks only English at home and, thus, it is assumed less than 5% of the population does not speak English at all. When presenting information at public hearings, where a significant number of persons are not expected to understand English, the Planning Department will obtain an interpreter or provide another means to disseminate information to these individuals. Some neighborhoods in South Omaha have a Hispanic population of 14.9% or greater. Neighborhood groups from these areas which are active in CDBG programs have initiated interpretation services for public meetings along with translation of meeting announcements and program information. The Planning Department addresses the needs of the S. E. Asian refugee population, and Native Americans in Omaha through service organizations working with these groups. The Planning Department will work closely with the above groups to ensure their needs are met through the Consolidated Plan or other similar plans. 5. Reasonable and Timely Access The Planning Department assures reasonable and timely access to meetings, information and records related to the Consolidated Plan. Official notice of public hearings is published at least 10 days prior to the meeting, and other means of meeting advertisement are scheduled to provide timely information. 6. Technical Assistance The City of Omaha has prepared "Guidelines for Submitted Unsolicited Proposals," a document explaining the process and procedures necessary to apply for technical assistance available through Section 570.402 of the Housing and Community Development Act of 1974. This document is available on request from the Planning Department. In addition, The City contracts annually with outside agencies to provide assistance (at no or minimal cost) to lower income persons or groups. Members of the Planning Department staff also are available, on request, to assist individuals and groups. 6 7. Comments or Views of Citizens Received in Writing, or Orally at the Public Hearings The City considers any comments or views of citizens received in writing, or orally at the public hearings, in preparing the final Consolidated Plan, amendment of the plan, or performance report. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons therefor, is attached to the final Consolidated Plan, amendment of the plan, or performance report. 8. Consultation with Other Public, Private Agencies and Neighborhood Groups When preparing the Consolidated Plan, the City of Omaha consults with other public and private agencies that provide assisted housing, health services, and social services (including those focusing on services to children, elderly persons, persons with disabilities--including HIV/AIDS, homeless persons). When preparing the portion of the plan concerning lead-based paint hazards, the City Planning Department consults with local health and child welfare agencies and examines health department data on the addresses of housing units in which children have been identified as lead poisoned. When preparing the description of priority non-housing community development needs, the City notifies adjacent units of general local government,particularly for problems and solutions that go beyond the City of Omaha jurisdiction. The City consults with the Omaha Housing Authority concerning consideration of public housing needs and planned OHA Comprehensive Grant program activities. The City will consult with neighborhoods and their organizations that will be affected by proposed projects in the Consolidated Plan or similar plans. 9. Criteria for Determining Substantial Change The City amends its approved plan whenever: a. it makes a substantial change in its allocation priorities or a substantial change in its method of fund distribution; b. it uses program funds to carry out an activity not previously described in the action plan; or c. it substantially changes the purposed scope, location or beneficiaries of an activity. 7 Amendments are made public and submitted to the same citizen participation process as is the Consolidated Plan itself. 10. Timely Written Response to Written Complaints In all instances, City of Omaha Planning Department staff respond in writing to written complaints and grievances as soon as practicable, usually within 15 working days. The City of Omaha also operates the Mayor's Action Office. The Action Office provides a backup and follow-up opportunity for citizens who feel they have not received an adequate response to their inquiries. City Council staff provide a similar service to citizens. City Planning Department staff cooperate in a timely manner with both offices to resolve problems. On occasions when problems cannot be resolved directly, the Planning Department will arrange for arbitration services (when appropriate) as an alternative to litigation. 11. Residential Anti-Displacement and Relocation Assistance Plan Forward: The City of Omaha Residential Anti-displacement and Relocation Assistance Plan (hereinafter referred to as the "Plan") sets forth the policies and requirements with respect to displacement of lower income persons, relocation, real property acquisition, and the replacement of low/moderate-income housing pursuant to Section 104 (d) of the Housing and Community Development Act of 1974, as amended, and U.S. Department of housing and Urban Development implementing regulations. The Plan contains two major components: the replacement of all occupied and vacant occupiable low/moderate-income dwelling units that are demolished or converted to a use other than low/moderate-income housing; and the provision of certain relocation assistance to any lower income person displaced as a direct result of the demolition of any dwelling unit or the conversion of a low/moderate-income dwelling unit to a use other than a low/moderate-income dwelling. This Plan is subject to and governed by Section 570.606 of the Community Development Block Grant regulations 24 CFR 570. Programs Covered by the Plan: The policies and assistance prescribed in this Plan cover the following programs: 1. Community Development Block Grant (CDBG Entitlement Program), 2. Section 108 Loan Guarantee Program, 8 • 3. CDBG Special Purpose Grant Program, 4. HOME Investment Partnerships Program, and, 5. Emergency Shelter Grants Program. Definitions: Terms in this Plan have the meanings prescribed for implementation of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended; and for purposes of providing Section 104(d) assistance, have the meanings prescribed at 24 CFR 570.606 of the Community Development Block Grant Regulations. One-For-One Replacement of Low/Moderate Dwelling Units: All occupied and vacant occupiable low/moderate-income dwelling units that are demolished or converted to another use in connection with one of the covered programs will be replaced with other low/moderate-income dwelling units that are: 1. located within the jurisdictional boundary of the City of Omaha and, to the extent feasible, and consistent with other redevelopment priorities, within the same neighborhoods as the units replaced, 2. sufficient in number and size to house the same number of occupants that could have been housed in the units demolished or converted to another use, unless it is demonstrated that replacement with smaller dwelling units is consistent with the Consolidated Plan, 3. in standard condition, 4. initially made available for occupancy at any time during the period beginning one year before the City of Omaha enters into a contract to provide funds that will result in the demolition of low/moderate-income dwelling units or conversion of low/moderate-income dwelling units to another use and ending three years after the commencement of the demolition or conversion activity, and, 5. designed to remain as such for at least ten years from the date of initial occupancy. Replacement low/moderate-income dwelling units may be provided by any government agency including the City of Omaha, Douglas County, State of Nebraska, and the Omaha Housing Authority, a non-profit corporation, or a private developer. 9 Relocation Assistance: All eligible displaced persons will be provided with relocation assistance at the levels described in 49 CFR part 24, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. An eligible displaced low/moderate-income person will be advised o f their right to elect to receive either assistance at levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, or the following assistance: 1. Advisory services, 2. Payment of reasonable moving expenses, 3. The reasonable costs of required security deposit and credit checks necessary to rent or purchase a replacement dwelling, 4. Reasonable interim living costs, if the relocation is temporary, and, 5. Replacement housing assistance. Persons are eligible to receive one of the following two forms of replacement housing assistance: a. Rental assistance equal to 60 times the amount necessary to reduce the monthly rent and utility costs of the replacement dwelling or comparable replacement dwelling, whichever is less, to the "Total Tenant Payment," as determined under 24 CFR 813.107 of the Housing and Urban Development regulations. All, or a portion, o f this assistance may be offered through a certificate or housing voucher provided through the Omaha Housing Authority, under Section 8 o f the United State Housing Act of 1937. b. Lump sum purchase assistance payment equal to the capitalized value of the amount o f rental assistance the displaced person is eligible to receive in "a" above. The purchase assistance payment may only be used to purchase an interest in a housing cooperative or mutual housing association. Optional Relocation Assistance: Persons displaced by activities or programs not covered by this Plan are not eligible for the above-described benefits and assistance. Only those persons who qualify as "displaced persons" pursuant to the uniform Relocation Act, Section 104(d) of the Housing and Community Development Act, or the Nebraska Relocation Assistance Act are eligible for the relocation assistance or benefits prescribed by law. 011 10 z.,1; General Policy for Minimizing Displacement: Displacement of families and individuals from their homes and neighborhoods will be minimized to the greatest extent possible. The steps that will be taken to minimize displacement include: 1. When practical, residential rehabilitation projects will be administered in such a way as to allow occupants to remain in their units during and after rehabilitation. 2. Multi-family rehabilitation projects will be staged, when possible, to allow f y % residents to remain in their units while adjacent or nearby vacant units are rehabilitated. Residents may then be allowed to occupy those newly rehabilitated units while their own units are under construction. 3. Prior to planning o f projects that will cause residential displacement, the City of Omaha will consider alternate plans that minimize the demolition of occupied dwellings. 4. To the extent practical, redevelopment projects and activities will be targeted to areas with a large percentage of vacant lots and unoccupied dwellings. 5. The City of Omaha will encourage owners of CDBG or HOME assisted housing units to enter into leases with their tenants. 6. The City of Omaha will continue to fund housing counseling activities that assist homeowners and tenants in remaining in their houses and apartments. OCTOBER 1995 11 c 25A r U CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebr November 21 095 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Title I of the National Affordable Housing Act of 1990 requires that local governments, in order to receive direct assistance under certain federal formula grant programs, have a housing strategy,known as the Comprehensive Housing Affordability Strategy (CHAS),that has been approved by the U.S. Department of Housing and Urban Development(HUD); and, WHEREAS, in 1994 the U.S. Department of Housing and Urban Development published a proposed rule which consolidated several other required planning documents with the above-referenced CHAS into a single combined document known as the Consolidated Submission for Community Planning and Development Programs; and, WHEREAS, the City of Omaha carries out a Citizen Participation Plan as a required part of its Consolidated Submission for Community Planning and Development Programs process; and, WHEREAS, the City Council approved the Citizen Participation Plan for the Consolidated Plan for Community Planning and Development Programs as amended by Resolution #1108 on April 25, 1995; and, WHEREAS, new rules for the Citizen Participation Plan require that the Plan must "set forth the jurisdiction's plans to minimize displacement of persons and to assist any persons displaced"; and, WHEREAS,the City of Omaha desires to continue to receive certain federal formula grants, such as the Community Development Block Grant, Emergency Shelter Grant, HOME Investment Partnerships grant; and, WHEREAS, approval of this amended Citizen Participation Plan is in the best interests of the citizens of Omaha. By Councilmember Adopted City Clerk Approved Mayor c CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebr November 21 19 95 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached Citizen Participation Plan for the Consolidated Plan for Community Planning and Development Programs amended to include the City's plans to minimize displacement of persons and to assist any persons displaced is hereby approved. APPROVED AS TO FORM: ).,j'/‘ez,e ' C1-27 . ASSISTANT CIT O P:\PLN1\1381.MAF • • Byl'C7/j ' ."'' ''' Councilmember Adopted:- DV.2.1 1995 6 City Cl rk Approved d-1 . ayor _ 1 r z IhJ - o (7- k. - PA (PD- ri , cr z ,L,,,,.. Q 0 eh CD a. cn V1 a 1 0 pa , !(� '„ 0 ,pri AL = o o p) • 1. o n ` i n aPa 14 o O) 5Cr . rT va rri 0 27, z Wi of=i, N ti. f "a^ w, ._.. J