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HomeMy WebLinkAboutResolution No. 2019-24 RESOLUTION NO. R2019-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING AND REPLACING RESOLUTION NO. R2019-01 WITH THIS RESOLUTION; AUTHORIZING AND APPROVING THE 2018 COMMUNITY DEVELOPMENT BLOCK GRANT — DISASTER RECOVERY (CDBG-DR); DESIGNATING AUTHORIZED OFFICIALS AND APPROVING AND IMPLEMENTING A CITIZEN PARTICIPATION PLAN. * WHEREAS, on January 14, 2019,the City Council of the City of Friendswood, Texas, adopted Resolution No. R2019-1, approving the CDBG-DR, and this Resolution amends and replaces that Resolution; and WHEREAS, the City of Friendswood City Council finds it in the best interest of the citizens of Friendswood, that the City of Friendswood, submit project applications for the Community Development Block Grant — Disaster Recovery (CDBG-DR) funds allocated to the Galveston County portions of Friendswood; and WHEREAS,the City of Friendswood agrees that in the event of loss or misuse of CDBG- DR funds,the City of Friendswood assures that the funds will be returned in full. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the facts and matters set forth in the Preamble of this Resolution are hereby found to be true and correct. Section 2. That the City Council of the City of Friendswood, Texas, hereby approves submission of the following grant application for the City of Friendswood: Infrastructure Applications include the combination and relocations of Lift Stations 1 and 17 and Deepwood Flood Control Project and Acquisitions include Deepwood Properties and Frenchman's Creek. Section 3. That the City Council of the City of Friendswood, Texas, hereby commits local funds to the Lift Station 1 and 17 infrastructure project in an amount not to exceed One Hundred and Twenty Thousand Dollars ($120,000.00). Section 4. That the City Council of the City of Friendswood, Texas,hereby designates the Mayor, City Manager,Assistant City Manager and Administrative Services Director as the Grantees' authorized officials to submit and sign contractual and financial documents related to this grant, and gives the authorized officials the power to apply for or alter the grant on behalf of the applicant agency. Section 5. That the City Council of the City of Friendswood, Texas, hereby approves and implements a Citizen Participation Plan(CPP)in accordance with General Land Office(GLO) guidance, attached hereto as Exhibit"A" and made a part hereof for all purposes. PASSED,APPROVED,AND ADOPTED this the 5th day of August,2019. Mi.e Fore►'an Mayor ATTEST: os evQ1 Ai 4, ` 1 */*:4** y rs- * P � V W Melinda Welsh, TRMC 'NvAire- City Secretary v )9"4 *.4: .4 — •1.;• • •® R2019-24 2 CITY OF FRIENDSWOOS CITIZEN PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT— DISASTER RECOVERY Introduction {ommunityDevelopmentBlockGrant—DisasterRecovery(CDBG-DR) applicants and funded entities are required to carry out citizen participation procedures in accordance with the Citizen Participation Plan as required by the Housing and Urban Development agency(HUD) and the Texas General Land Office (GLO). The City maintains the activities described inthis Citizen Participation Plan 10 include outreach efforts io � invite open and public participation in the submission of the Cit/s application for CDBG-DR funding, � public information upon award of funds, any technical assistance the public may require,assistance for . Limited English Proficiency(LEP) citizens, and program procedures for addressing citizen complaints. Participation during Application � The City will provide for reasonable public notice, appraisal, examination, and comment on the activities proposed for the use of[DBG-DR funds.These outreach efforts shall: ' l. Provide for and encourage citizen participation, particularly by low-and moderate-income persons who reside in slum or blighted areas, and areas in which CDBG-DR funds are proposed tobeused; 2. Ensure that citizens will be notified of public meetings, information, and records relating to the City's proposed and actual use of CDBG-DR funds no less then seventy-two(72) hours in advance; � 3. Furnish citizens information including, but not limited to: a. the amount ofCDBG'DR funds expected iobe made available; b. the range of activities that may be undertaken with the CDBG-ORfunds; c the estimated amount of the CDBG-DR funds proposed to be used for activities that will meet the national objective of benefit to low-and moderate-income persons; and d. if applicable,the proposed CDBG-DR activities likely to result in displacement and the entity's anti-dis placement and relocation plan. 4. Provide citizens with no less than a fourteen (14)-day opportunity to comment on proposed activities in an application to the state. For grants already made,the City will provide a reasonable comment period to be determined in collaboration with the GLO for activities which are proposed to be added,deleted,or substantially changed from the City's application to the state. ""Substantially changed" means changes made in terms of purpose,scope, location, or beneficiaries as defined by criteria established by the state; and 5. Be accomplished through one or more of the following methods: a. Posting of notice on the Cit/svvebske (if avai|eb|e); � b. Notices prominently posted on public buildings and sent to interested community groups (where practicable); o. Publication of notice in a local newspaper—a published newspaper article may also be � used so long as it provides sufficient information regarding program activities and ! relevant dates; d. Public Hearing;or e. Individual notice to eligible individuals,cities, and other entities as applicable using one � or more of the following methods: � Adopted by Council Resolution R'**** August 5, 2019 CITY OF FRIENDSWOOS CITIZEN PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT— DISASTER RECOVERY � i. Certified mail ii. Electronic mail or fax � iii. First-class (regular) mail � iv. Personal delivery(e.g., home-based outreach, or at a Council of Governments meeting) � f Postings made to the City's social media accounts such asFacebook g. Notices sent electronically to residents,such as mass emails. � Along with the application,the City will submit any notices of public participation that relate to the � administration of00BG-DRfunds. � Technical Assistance When requested,the City shall provide technical assistance to groups" representative of persons of low- and moderate-income in developing proposals for 08G-DR funds.The level and type of assistance shall � be determined by the City based upon the specific needs of the community's resident Public Hearing Provisions For any public hearing scheduled and conducted byaO]BG-DR applicant orrecipient,the following public hearing provisions shall beobserved: 1- Citizens shall be furnished with information including but not limited to: a. The amount ofCOBG-OR funds available per application for the[DBG-DR monies; � b. The range of activities that may be undertaken with the CDBG-DRfunds; c The estimated amount of the[DBG'DRfunds proposed to be used for activities that will meet the national objective of benefit to low-and moderate-income persons;and d. The proposed CDBG'DR activities likely to result in displacement and the unit of general local government's anti-displacement and relocation plans required under 24 CFR 570.488. � I Public notice of any hearing must be published at least seventy-two (72) hours prior to the scheduled hearing.The public notice must be published in such a way that community members will have access to it. Each public notice will include the DATE,TIME, LOCATION,. and TOPICS to be considered at the hearing. A published article may also be used to meet this requirement so long as it satisfies all content and timing requirements. Notices will also be prominently posted in public buildings and distributed other interested community groups,where practicable. 3. Each public hearing shall be held at a time and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings,and the City will make arrangements for individuals who require auxiliary aids or services if contacted at least two(2) days prior to each hearing. 4. When a considerable number ofnon-English speaking residents can be reasonably expected to - participate in a public hearing, an interpreter will be present to accommodate the needs of the non-English speaking residents. The City may conduct a public hearing via vvebinar if they adhere to the provisions of this section. Adopted by Council Resolution R-**** August 5,2019 CITY OF FRIENDSWOOS CITIZEN PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT— DISASTER RECOVERY If the webineris used toconduct a public hearing, a physical location with associated reasonable accommodations must be made available.,to ensure that those individuals without the necessary technology are able ioparticipate. Citizen Participation Once Awarded The following citizen participation requirements may be met,when necessary, in the event that the City receives funding from the COBG'DR program: w The City reserves the option to hold a public hearing any time a substantial change in use of CDBG-DR funds from one eligible activity to another is proposed. The City will consult GLO-CDR in determining when a change issubstantial. ~ Upon completion of the community development program activities,the City reserves the option to hold a public hearing and review its program performance, including the actual use of CDBG-DR funds. w The City will retain documentation of the hearing notice(s), attendance lists, minutes of the hearing(s), and any other records concerning the actual use of funds.The City follows HUD regulations which generally require a community to retain all its grant-related documentation for 3 years from the date HUD closes its related disaster grant to the state of Texas.Such records will be made available to the public in accordance with Chapter 552, Government Code. Equal Access for Limited English Proficiency Citizens The City complies with Title V| of the Civil Rights Act of1964 which protects individuals from discrimination on the basis of their race, color,or national origin in programs that receive federal financial assistance. In certain situations,failure to ensure that persons who are LEP can effectively participate in, orbenefit from,federally assisted programs may violate Title VI's prohibition against national origin discrimination. In the instance that 5%or more of the resident population is known to speak a common foreign language,the City will provide written translation of vital program documents that are critical for ensuring meaningful access to major activities and program benefits. When providing assistance to LEP citizens,the City will identify the language and communication needs of persons with LEP as needed to ensure effective communication. If necessary,staff may use a language identification card (or"I speak"cards—which are available at www.lep.gov) or posters to determine the preferred language of the applicant and provide translation services as soon as possible, no more than three business days after a request. Citizen Complaint Procedures Citizens with complaints concerning the program orsuspectedinstancesofdischmina1ionane encouraged to inform the City of their complaint(s) directly in writing.The City of Friendswood takes all citizen complaints seriously and will respond to written citizen complaints within thirty(30)working days of receiving the complaint. Adopted by Council Resolution R-**** August 5, 2Ol9 CITY OF FRIENDSWOOS CITIZEN PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT- DISASTER RECOVERY Citizens may submit complaints in writing to: ATTN:CDBG-DR Grant Program City of Friendswood 910 S Friendswood Drive Friendswood,TX 77546 The City shall implement the following steps to receive and resolve all complaints: • All complaints should include a description of the matter causing the grievance along with the submitting citizen's contact information including name, phone number and mailing address. • The City will respond with a letter acknowledging receipt of the complaint to the person submitting it at the address provided and will include a timeline for the City's response. • Upon receipt of a written complaint,the City will review the matter and bring it to the City Council for resolution, only when necessary.The City will review the circumstances, conduct an investigation, and prepare a written report within thirty(30)working days of receipt.The report shall include: a) A summary of the issues/list of relevant facts b) All documents provided by the aggrieved person c) Any summary response from the program/project staff d) Any documents available supporting relevant facts e) All other pertinent file documents as required • A determination,to include any findings and response,completed by the City will be rendered within thirty(30)working days of receipt of the complaint.A copy of the City's determination shall be provided to the citizen submitting the complaint at the address provided. • If the citizen(s)filing the complaint are not satisfied with the determination, a written appeal may be filed within fifteen (15)days after the date of the mailing of the determination to aggrieved citizen(s). • The written decision of the City will be made within thirty(30) days. • Person(s)who believe they are victims of discrimination in housing or other services may also contact the U.S. Department of Housing and Urban Development(HUD)to file a complaint, without first filing a grievance under this procedure, by filing a form here online: https://portalapps.hud.gov/FHE0903/Form903/Form903Start.action. Adopted by Council Resolution R-**** August 5,2019