RES 1995-3055 - Amend citizen participation plan for consolidated plan for community planning and development programs OMAHA,n.F��'� R r F y 1yi
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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:
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Louis A. D'Ercole, Act_ipg Director eorge L. vi ,Jr.,Acting Director
Finance Department ( � Human R tions Department
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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.
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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.
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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
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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
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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.
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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.
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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.
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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,
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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.
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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
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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
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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
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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:
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ASSISTANT CIT O
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Adopted:- DV.2.1 1995
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