CITIZEN PARTICIPATION PLAN 2015-2020.PDF

Maricopa County — Formal (2015-05-06)

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MARICOPA CONSORTIUM
CITIZEN PARTICIPATION PLAN
FY2015/2020
April 22, 2015
Applicability
This document implements the citizen participation planning regulations applicable under Consolidated
Plan submittal requirements noted under 24 CFR 91.105. This citizen participation plan applies to the
following jurisdictions submitting Consolidated Plans covering FY 2015 through FY 2020 Federal Fiscal
year 2015-2019, pursuant to:
 24 CFR 91.400 for Consolidated Plan submission for the
The Maricopa HOME Consortium
 24 CFR 91.200 for Consolidated Plan submission for the
City of Avondale
City of Chandler
Town of Gilbert
City of Glendale
City of Peoria
City of Scottsdale
City of Surprise
City of Tempe
Maricopa County
The Maricopa HOME Consortium (Maricopa Consortium) includes the Cities of Avondale, Chandler,
Glendale, Peoria, Scottsdale, Surprise and Tempe; the Town of Gilbert and Maricopa County; with
Maricopa County, administered by the Human Services Department Community Development Division as
the designated Lead Agency. The Consortium has elected to establish July 1 through June 30 as the
Program Year under forthcoming Consolidated Plan and Annual Action Plan submissions in FY 2015
through 2019. This program year corresponds with each jurisdiction’s fiscal year.
Consolidated Plan Summary
HUD regulations noted in 24 CFR 91.105 require the preparation of Consolidated Plans for all entitlement
communities. The Consolidated Plan is prepared in draft form by April in the year the Plan takes effect
and includes needs, priorities and long- and short-term strategies concerning affordable housing,
homeless/special needs and community development in the region. The Consolidated Plan process
includes a Five-Year Consolidated Plan and Annual Action Plans, and serves as a long- and short- term
investment guide for federal Community Development Block Grant (CDBG), Emergency Solutions Grants
(ESG), and HOME Investment Partnerships Program (HOME). The Consolidated Plan is also consulted
prior to the award of other funding administered by the U.S. Department of Housing and Urban
Development (HUD).
The Consolidated Plan prepared for the Maricopa Consortium is regional in nature and will focus on
affordable housing, homeless and special needs priorities and strategies pursuant to 24 CFR 91.4, while
those prepared by entitlement community members herein are local in nature and shall address
affordable housing, community development, homeless and special population needs priorities and
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strategies pursuant to 24 CFR 91. Maricopa Consortium Consolidated Plan addresses affordable and
supportive housing and homeless issues that are deemed to be regional in nature. Consortium members
must participate in submission of a consolidated plan for the Consortium, prepared in accordance with 24
CFR 91. As described in 24 CFR 91.4, CDBG entitlement communities that are members of a consortium
must provide additional information for the consolidated plan. For more information concerning the citizen
participation process associated with the Five-Year Consolidated Plan, please contact one or all of the
following organizations:
 Maricopa County Human Services Department at (602) 506-5911
 City of Avondale at (623) 333-2715
 City of Chandler at (480) 782-4349
 Town of Gilbert (480) 503-6893
 City of Glendale at (623) 930-3670
 City of Peoria at (623) 773-7209
 City of Scottsdale at (480) 312-2309
 City of Surprise at (623) 222-1551
 City of Tempe at (480) 350-8958
Encouragement of Citizen Participation and Information to Be Provided
In order to encourage citizen participation, the following efforts shall be undertaken by Maricopa
Consortium members.
1) The Maricopa Consortium members shall consult with housing authorities in their jurisdictions to
solicit participation of the residents of public and assisted housing in plan development and
review, which is anticipated to be derived from PHA planning activities stipulated under 24 CFR
Part 903. As needed and applicable, Maricopa Consortium members will also consult with the
Maricopa Continuum of Care and organizations therein, supportive housing agencies, relevant
businesses and industry representatives and low-income residents of targeted revitalization areas
in which federal projects are anticipated. Consortium members shall make Consolidated Plan
information available to local housing authorities on a continuing basis for any public hearings to
be held under the HUD Comprehensive Grant Program or Public Housing Agency Plan
established pursuant to 24 CFR Part 903.
2) Consolidated Plan
Maricopa Consortium members shall each hold at least two public hearings concerning the
Consolidated Plan in addition to surveys, consultation and other methods to solicit input desired
by members. The first hearing shall be held during Consolidated Plan formulation and
preparation, while the second shall be held once a draft Consolidated Plan has been completed
and during the Public Comment Period. One or both of the public hearings to be conducted by
Maricopa Consortium members shall include the following items:
 The amount of CDBG, ESG, and HOME resources anticipated to be made available within
member jurisdictions on a program year basis, and the eligible range of activities that may be
undertaken concerning such federal programs.
 The amount of CDBG, ESG, and HOME resources anticipated to benefit income qualified
persons residing within member jurisdictions on a program year basis.
 Plans by Maricopa Consortium members to minimize the displacement of persons from the
intended uses of CDBG, ESG, and HOME resources anticipated to be invested during any
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given fiscal year.
 Perspectives on priorities and housing and community development needs in each Maricopa
Consortium member jurisdiction.
 Other aspects of the Consolidated Plan as applicable.
3) Annual Action Plan
Maricopa Consortium members shall each hold at least two public hearings concerning the
development of Annual Action Plan each year (may include surveys), consultation and other
methods to solicit input desired by members. The first hearing shall be held during Annual Action
Plan formulation and preparation, while the second shall be held once a draft Annual Action Plan
has been completed and during the 30-day Public Comment Period.
On or before April 1st of any given year, Maricopa Consortium members will make available their
draft Annual Plans and the previous year’s Consolidated Annual Performance and Evaluation
Report (CAPER) to each housing authority, libraries, surrounding municipal governments (as
applicable), and selected other locations for the mandatory 30-day public comment period to end
no later than the 1st of May of any given year. Members may also post their draft Plans using
other supplemental forms of securing valid public input. The public shall be notified of this
opportunity for review and comment in newspaper/s with general circulation in each Consortium
member’s jurisdiction and shall identify the locations where citizens may review copies of draft
Annual Action Plan and relevant Consolidated Annual Performance and Evaluation Reports
(CAPERs). A member may pursue alternative forms of posting with prior HUD written approval.
One or both of the public meetings to be conducted by Maricopa Consortium members shall
include the following items:
 The amount of CDBG, ESG, and HOME resources anticipated to be made available within
member jurisdictions on a program year basis, and the projects within the range of eligible
activities that may be undertaken concerning such federal programs.
 The amount of CDBG, ESG, and HOME resources anticipated to benefit income qualified
persons residing within member jurisdictions on a program year basis.
 Other aspects of the Annual Action Plan as applicable.
4) Consolidated Annual Performance and Evaluation Report (CAPER)
In early September of each year, Maricopa Consortium members shall make available their draft
Consolidated Annual Performance and Evaluation Reports (CAPERs) for the previous fiscal year
to each housing authority, libraries, surrounding municipal governments (as applicable); and
selected other locations for the mandatory 15-day public comment period to end no later than
September 30. Again, members may also post their draft CAPERs using other supplemental
forms of securing valid public input. A member may pursue alternative forms of posting with prior
HUD written approval.
Access to Records
All Maricopa Consortium members shall provide citizens, public agencies and other interested parties with
reasonable and timely access to public records relating to their past use of CDBG, ESG, and HOME and
related assistance for the previous six years. This information shall be made available to interested
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parties in alternate formats as reasonably requested and shall be so noticed.
Technical Assistance
Maricopa Consortium members will provide assistance to very low- and low- income persons and groups
representative of them that request such in developing proposals for funding under the CDBG, ESG, and
HOME resources treated in the Consolidated Plan. Such assistance will be provided to interested parties
as requested.
Public Hearings
Public hearings to be conducted by Maricopa Consortium members shall be publicly noticed with a
minimum one week lead time before the actual meetings are conducted and be noticed in newspapers
with general circulation in the community. All postings shall include relevant information to permit
informed citizen comment.
All public hearings to be conducted will be held at times and locations convenient to prospective program
beneficiaries, and be conducted with accommodation for persons with disabilities when requested at least
three working days in advance. Where appropriate to the local community and where requested in
advance, a bilingual staff person or translator may be made available to meet the needs of residents.
Specific determinations on the issues noted above shall be made by staff of each Maricopa Consortium
member on a case-by-case basis.
Comments and Complaints
Any citizen, organization or group desiring to make a comment or complaint regarding the Consolidated
Plan or any activity related to the implementation of the Consolidated Plan may do so in writing to any
Maricopa Consortium members. Comments or complaints may also be made verbally during the
execution of such public hearings and submitted in writing during a public comment period. In addition,
any citizen, organization or group may also make comments or complaints verbally or in writing to a
respective jurisdiction. At all times, citizens have the right to submit complaints directly to the Department
of Housing and Urban Development as well. All comments and complaints are recorded in the Citizen
Participation Record in the Consolidated Plan, Annual Action Plans, or CAPERs along with the response
and any changes, if made, as a result of the comments. Each Maricopa Consortium member shall
respond in writing to comments or complaints in their jurisdiction within 15 working days from receipt.
The Maricopa County Board of Supervisors is the final disposition authority for comments or complaints
under the purview of Maricopa County, while the City/Town Councils of Avondale, Chandler, Gilbert,
Glendale, Peoria, Scottsdale, Surprise and Tempe are the final disposition authority for comments or
complaints applicable to such jurisdictions.
Adoption of Citizen Participation Plan
The Citizen Participation Plan is a required component of the Consolidated Plan. This Citizen
Participation plan is adopted by the Maricopa County Board of Supervisors and City/Town Councils of
Avondale, Chandler, Gilbert, Glendale, Peoria, Scottsdale, Surprise and Tempe concurrent with the
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scheduled adoption of each Maricopa Consortium member’s Five-Year Consolidated Plan.
Comments Received at Public Hearings
Prior to transmitting any Consolidated Plan, Annual Action Plan, substantial plan amendment or
Consolidated Annual Performance and Evaluation Report, members shall compile any comments or
views of citizens received in writing or orally at public hearings. A summary of these comments or views,
and a summary of any comments or views not accepted and the reasons therefore, shall be attached to
final submissions to HUD.
Criteria and Process for Amendments to Consolidated Plan and Annual Plan
Should any Maricopa Consortium member decide to make one of the following changes outside of the
annual action planning process, an amendment to the Consolidated Plan or Annual Action Plan would be
required:
a) To make a substantial change in the allocation priorities or methods of distribution delineated in the
plans. “Substantial” in this context is defined as:
 Changes in any method of distribution for HOME or ESG resources that will alter the
manner in which funds are allocated to individual projects or entities identified in the Annual
Action Plan, including reallocation of funds i.e. returned funds or program income, by at
least 20% of any annual Consortium allocation, subject to other program requirements in
the CFR as applicable; and/or;
 Changes made to funding priorities in the Consolidated Plans over time when not
undertaken through annual submission requirements stipulated by HUD; and/or;
 Project deletions or changes made in allocation priorities or methods of distribution that
have the effect of changing the funding level of individual CDBG projects within an eligible
activity identified in its Annual Action Plan by more than 20% of an entitlement jurisdiction’s
annual funding level, subject to other program requirements in the CFR as applicable. Any
new eligible activity funded with CDBG and not already identified in an Annual Action Plan,
as well as significant changes in the use of CDBG funds from one eligible activity to
another, in an amount greater than 20% of the annual CDBG allocation.
b) To carry out an eligible activity, using funds from any program covered by the Consolidated Plans
(including program income), not previously described in the Annual Action Plans.
c) To substantially change the purpose, scope, location, or beneficiaries of an activity.
Should substantial amendments be made to any aspect of the Consolidated Plan after its formal
adoption, Maricopa Consortium members will undertake the following: [refer to 91.105(b)(2)(iv) and
(b)(6)].
a) In the instance of Maricopa County, inform units of local government.
b) Provide reasonable public notice of the proposed amendment(s) in applicable newspaper/s of
general circulation to enable review and comment by the public for at least 30 days. Conduct a
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public hearing on the subject of the proposed amendment during the 30-day comment period
consistent with Sections III through VI noted herein.
c) Submit such amendment(s) to their respective Governing Boards for approval.
d) Upon the termination of the 30-day comment period, notify HUD of any amendments executed,
citizen comments received and the response(s) by Consortium members to such comment(s).
All Maricopa Consortium members will minimize the displacement of persons assisted through the use of
CDBG, ESG and HOME resources. The policies to be followed are separately included in this document,
and all Maricopa Consortium members have agreed to abide by the antidisplacement plan. For efforts
other than federally funded acquisition or rehabilitation, Consortium members may utilize adopted local
policies concerning displacement assistance.
OTHER CITIZEN PARTICIPATION REQUIREMENTS
People and agencies seeking resources from individual Maricopa Consortium members may need to
comply with additional citizen participation requirements imposed on them by such entities. For additional
information in this regard, contact the individuals or organizations noted under the “Consolidated Plan
Summary” section in this document. HUD waivers relevant to the provisions of this document shall over-
ride and supersede the applicable contents of this citizen participation plan.
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ACQUISITION AND RELOCATION POLICIES
Preface
This policy is necessary to minimize displacement and ensure compliance with the Uniform Acquisition
and Relocation Act when displacement is unavoidable. Acquisition may in some cases be undertaken by
the subrecipient, but only with the close coordination of Maricopa County Human Services Department
staff and/or consultants.
The Maricopa Human Services Department, in carrying out its responsibility for CDBG and HOME
Program administration, and as the designated "State Agency" responsible for acquisition and relocation
associated with CDBG and HOME Program assisted projects will use staff and professional consultants
as necessary to comply with the requirements of the Uniform Acquisition and Relocation Act of 1970 (PL
91-646), as amended.
MARICOPA COUNTY HOME CONSORTIA POLICIES ON DISPLACEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) and/or HOME FUNDED ACTIVITIES
This policy follows Guideform Residential Antidisplacement and Relocation Assistance Plan under
Section 104(d) of the Housing and Community Development Act of 1974, as Amended.
The Maricopa Consortium, in accordance with Federal Regulations for Displacement, 24 CFR 570.606(b),
hereby issues this statement of policy regarding the displacement of persons by CDBG or HOME
Program funded activities.
Any entity receiving CDBG or HOME Program funds will replace all occupied and vacant units that will be
demolished or converted to a use other than as low/moderate income housing. (One-for-one
replacement)
All replacement housing will be provided within three years of the commencement of the demolition or
rehabilitation relating to conversion. This includes any property obtained through a public undertaking.
Before obligating or expending funds that will directly result in such demolition or conversion, the entity
will make public and submit to the HUD Field Office the following information in writing.
 A description of the proposed assisted activity;
 The general location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use other than for low/moderate income
dwelling units as a direct result of the assisted activity;
 A time schedule for the commencement and completion of the demolition or conversion;
 The general location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units;
 The source of funding and a time schedule for the provision of replacement dwelling units;
and
 The basis for concluding that each replacement dwelling unit will remain a low/moderate
income dwelling unit for at least 10 years from the date of initial occupancy (i.e.: Deed of
Trust, Deed Restriction, etc.).
The entity will provide relocation assistance, as described in 570.606(b)(2), to each low/ moderate income
household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling
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to another use. Benefits will be provided relocatees and displacees according to the calculation of
benefits derived pursuant to requirements of regulations promulgated under the Uniform Property
Acquisition and Relocation Act of 1970, as amended
Assistance To Aliens
An alien who is not lawfully present in the United States is prohibited from receiving assistance under the
Uniform Relocation Act, per 49 CFR 24.208, and assisted housing programs. Circumstances may dictate
that determination that an alien is ineligible would result in exceptional and extremely unusual hardship to
a spouse, parent, child who is a United States citizen. A final determination on the eligibility of the
request will be made by HUD before any assistance is provided.
Permanent Displacement
Displacement is defined as follows: Permanent movement of person(s) or other entities from a dwelling
unit or business location resulting from CDBG or HOME funded code inspection, rehabilitation, demolition
or acquisition.
In order to minimize displacement and mitigate adverse effects, the policy shall consist of the following
guiding principles. In the event displacement is caused by current or future CDBG or HOME Program
funded projects the project plan will:
 Avoid or minimize permanent displacement whenever possible and only take such action when
no other viable alternative exists.
 Consider impact on existing persons and properties in the development of CDBG and HOME
Program funded projects.
 Inform citizens of CDBG or HOME Program project area(s) through information made available
as part of the annual plan for use of CDBG and HOME Program funds.
 Follow current regulations, HUD notices and policies when preparing informational statements
and notices.
 Provide written notification of intent to eligible property owners or tenants who may be
displaced and/or relocated due to an approved project activity.
 Assist those displaced in locating affordable, safe, decent and comparable replacement
housing.
 Ensure that "just compensation" for CDBG or HOME Program acquired property (as
determined by appraised fair market value) is paid with relocation benefits, if applicable.
 Provide for reasonable benefits to any person permanently displaced as a result of the use of
CDBG or HOME Program funds to acquire or substantially rehabilitate property.
 Provide information about equal opportunity and fair housing laws in order to ensure that the
relocation process does not result in different or separate treatment on account of race, color,
national origin, religion, sex, disability, familial status or source of income.
 Contingent upon availability, displaced households may be provided assistance through
Section 8, Conventional Public Housing or any other federally funded program for which they
might qualify.
Temporary Displacement
CDBG or HOME Program funded activities may involve temporary displacement. While strict adherence
to provisions of the Uniform Relocation Act are not specified, it is the policy of the Consortium that all
subrecipients shall take steps to mitigate the impact of CDBG or HOME Program funded code
inspections, rehabilitation, demolition or acquisition that results only in temporary movement of person(s)
from a dwelling unit. Such temporary displacement primarily involves demolition and reconstruction of a
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single-family owner- occupied home or lead based paint abatement during rehabilitation of a residential
unit. Accordingly, the citizens involved in a temporary movement shall be fully informed of the below
matters and appropriate steps shall be taken to ensure that fair and equitable provisions are made to:
 Receive temporary living accommodations while their CDBG or HOME Program funded unit is
being rehabilitated or demolished and reconstructed.
 Move and temporarily store household goods and effects during the rehabilitation or demolition
and reconstruction project.
 Reimburse all reasonable out-of-pocket expenses incurred in connection with the temporary
relocation, including moving costs and any increased rent and utilities.
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