Citizen Participation Plan

A.  Community Development Division’s Community Meetings: The Community Development Division conducts a series of community meetings, typically, in either September and October of each year for the following purposes: (1) Inform potential program participants regarding the various programs operated by the Community Development Division and the types of assistance they provide; (2) Explain the rules and regulations governing the CDBG, Section 108 Loan Guarantee, HOME and ESG Programs and a range of activities that may be undertaken with guaranteed loan funds; (3) Explain how the federal programs relate to the needs of individuals, cities, communities, neighborhoods, nonprofit organizations, etc.; (4) Provide information regarding the amount of CDBG, Section 108 Loan Guarantee, HOME and ESG funds expected to be available to the County in the upcoming fiscal year including program income anticipated to be generated by the activities carried out with the guaranteed loan funds; (5) Provide information regarding the amount of CDBG, Section 108 Loan Guarantee, HOME and ESG funds that will directly benefit persons of low and very low income; (6) Discuss eligible activities pursuant to each of the three federal programs; (7) Discuss plans to minimize displacement of persons and the types and levels of assistance available to any persons displaced; (8) Report on the status of previously funded CDBG, Section 108 Loan Guarantee, HOME and ESG activities; and (9) Inform potential applicants of the annual schedule for filing, consideration and funding applications. These meetings also provide the Community Development Division with valuable information regarding the needs, problems and concerns of the people most affected by the CDBG, HOME and ESG Programs, as well as the Department's performance in implementing these programs.

To encourage as many citizens as possible to attend and participate, the annual community meetings are scheduled during evening hours, Monday through Thursday, and are held in locations (typically County facilities and school auditoriums) convenient to residents from different areas of the County. Every effort is made by the Community Development Division to avoid scheduling meetings on nights common with other major events that may require the participation of affected area residents and community leaders. All meetings are held in facilities that are accessible to those with physical limitations, and accommodations will be made, upon request, for attendees who are either visually or hearing impaired. Reservations for these facilities are typically made in late July or early August of each year.

All citizens who attend these meetings, and those who contact the Community Development Division at any time throughout the year, are offered technical assistance and are encouraged to work with Community Development Division staff in the development of project proposals. Technical assistance is also offered subsequent to project approval to facilitate implementation. However, during declared State or federal emergencies, that may require social distancing or other public safe guards to address health concerns, in lieu of in-person meetings, virtual or other media driven public participation outreach and meetings may be conducted to satisfy public notification for both County and Participating Jurisdictions that make up the Plan Jurisdiction.

All community meetings are announced at least fourteen (14) calendar days prior to the date of the meeting. At a minimum, Community Meeting Notices shall include the amount of assistance the jurisdiction expects to receive (including grant funds and program income), the range of activities that may be undertaken, including the estimated amount that will benefit persons of low- and moderate- income. The Community Development Division utilizes the following media to notify citizens of the scheduled meetings, and to encourage their attendance.

1. Newspaper advertisements are published in the local news section of adjudicated newspapers serving the various Program areas throughout the County. Spanish versions of the notices are published in newspapers targeted toward the County's Hispanic population. Notices are also published in newspapers targeted toward the County's Black population. Notices shall state that when notified prior to the meeting, special arrangements can be made to provide visually and hearing impaired citizens with program information in a format that they can use. When possible, and with the cooperation of local newspapers, "news releases" regarding the CDBG, HOME and ESG Programs and the upcoming community meetings are published in local news sections of local papers in addition to the paid advertisements just prior to the meetings.
2. In cooperation with local public housing authorities, notices are placed in conspicuous locations at public housing developments to inform residents of the developments and of surrounding areas of the upcoming community meetings. The public housing authorities are also provided with information regarding housing and community development activities in areas surrounding public housing units for their use and distribution.
3. Meeting announcements are posted in conspicuous locations within all County buildings frequented by the public, i.e., Administrative Centers, Public Services Building, libraries, veterans' halls and senior citizen centers. The Community Development Division will also endeavor to distribute notices for posting at public facilities such as community centers, schools and other facilities which are not under the County's control.

Meetings and public hearing announcements will also be posted on the Community Development Division’s website. The Community Development Division’s website will be used to post the AFH and the Plan Jurisdiction’s Relocation Plan.

The Community Development Division may also request public service announcement air time from local radio and television stations as an additional means of notifying the public about the community meetings. Public service announcements should be sent to the radio and television stations at least 3 to 4 weeks in advance of the proposed air date.

As soon as feasible after the start of the public participation process, the Plan Jurisdiction shall make the HUD-provided data and any other supplemental information the Plan Jurisdiction plans to incorporate into its AFH available to its residents, public agencies, and other interested parties. The Plan Jurisdiction may make the HUD-provided data available to the public by cross-referencing to the data on HUD's website.

The Plan Jurisdiction’s Temporary Relocation Policy and Guidelines for Residential and Antidisplacement and Relocation Assistance Plan constitute the Program Jurisdiction’s Displacement Plan and are hereby incorporated by reference. Together the plan identifies methods for minimizing displacement of persons and plans to assist any persons displaced, the types and levels of assistance the jurisdiction has available and/or required by other persons to make available to persons displaced.

Due to the coronavirus, the CARES act provides that in-person public hearings are not required for program related actions related to drafting, proposal, or amendment the Citizen Participation Plan, Consolidated Plans, Annual Action Plans, and Substantial Amendments to those plans. The public hearing requirement may be satisfied with virtual public hearings if health authorities recommend social distancing and limited public gatherings and if virtual public hearings provide reasonable notification and access for the public, provide timely responses from local officials to public concerns, suggestions, and questions, and the public has access to the local officials’ responses.

B.  Cooperative Agreement City Public Hearings: Each year, cities cooperating as part of the County's Entitlement Jurisdiction shall conduct a minimum of one (more as needed) public hearing(s) before their respective City Council for the purposes of: (1) Discussing proposals submitted to the city and city initiated proposals for consideration of CDBG funding; (2) Presenting to its residents the city's recommended use of the CDBG funds; (3) Responding to questions and comments made by those in attendance; and (4) Approving by resolution the city's recommendations to the County for potential inclusion in the CD Division’s recommended annual Action Plan document for review and approval by the County Board of Supervisors.

Prior to the initial public hearing before each City Council, the Community Development Division shall notify each city of the County's Entitlement Program amounts for the next fiscal year, and submit to each city a list of known project proposals which includes those previously presented to or developed by the Community Development Division for the city. The city shall consider these proposals for possible funding as well as any additional proposals presented at the city's hearing. Community Development Division staff will be available for attendance at cooperating city public hearings upon request.

Each city shall publish a public notice in its local newspaper at least fourteen (14) days before each public hearing. The notice shall specify the expected amount of federal entitlement funds to be available for the upcoming fiscal year, and shall list and briefly describe the city's recommended use of those funds if known prior to the meeting. The notice must also solicit citizen recommendations for use of program funds. Cities with a Hispanic population of 49% or greater will be required to also publish their public hearing notices in Spanish within a local newspaper serving Hispanic residents. Cities with a Black population of 5% or greater will be required to also publish their public hearing notices within a local newspaper targeted toward the Black community. The aforementioned thresholds are based on the average percentage these populations represent in the County's general population, per 2010 U.S. Census.

Subsequent to their public hearing, each city shall provide the Community Development Division with:

1. The approved list of recommended projects and related resolution of the City Council;
2. Affidavit of Publication for the public hearing notice(s);
3. Attendance sheet and written minutes for the public hearing(s); and
4. All written comments, complaints and proposals submitted to the city regarding the CDBG, HOME and ESG Programs in their community.

All documents listed above shall be submitted to the Community Development Division by the end of the second week of December of each calendar year.

C.  Consolidated Plan and AFH Submission: In March or soon after of each year, the Community Development Division will publish a summary of the County's proposed Action Plan for the upcoming Program year. A summary of the entire proposed Consolidated Plan (Plan) will be published every five years. The published summary will contain information regarding where copies of the entire Plan and/or Action Plan may be examined (libraries, County of Kern offices and the County website), invite public comment and advertise the annual public hearing before the Board of Supervisors, held in early May or soon thereafter, during which the Community Development Division will be requesting public comment and Board review/approval of the Plan. The publication will also inform citizens of a public meeting (as required by federal regulations) conducted by the Community Development Division in April or soon thereafter, during which individuals may discuss the proposed Plan and/or Action Plan with Department staff. The meeting is typically held at the County Public Services Building located in Bakersfield. All comments and inquiries received at this meeting are documented and taken into consideration by Community Development Division staff prior to submitting the Plan and/or Action Plan to the Board of Supervisors at the aforementioned public hearing. The summary is published in a newspaper of countywide circulation, adjudicated minority newspapers and in local newspapers throughout the County which are circulated more than once a week. News releases are provided to the other adjudicated newspapers serving the various communities within Kern County. The summary will be published a minimum of fourteen (14) calendar days prior to the public meeting and a minimum of thirty (30) calendar days prior to the public hearing before the Board of Supervisors. Accordingly, the Plan Jurisdiction shall publish the proposed AFH or Consolidated Plan and copies of the entire AFH may be examined at County libraries, County of Kern offices and the County website. At least one public hearing shall be conducted during the development of the AFH and the Plan Jurisdiction shall provide a comment period of no less than 30 calendar days, to receive comment from residents of the community on the AFH. Comments or views of residents of the community received in writing, or orally at public hearings, in preparing the final AFH or the Consolidated Plan must be considered. A summary of the comments or views and summary of any comment and views not accepted and the reasons why, shall be attached to the final AFH or the Consolidated Plan.

Under the CARES Act, CDBG grantees may establish expedited procedures to draft, propose, or amend Citizen Participation Plans, Consolidated Plans, Annual Action Plans within its Citizen Participation Plan. Applicable procedures shall follow all noticing requirements under the standard process for substantial amendment but the time for notification may be reduced to five (5) days notice, as permitted by the CARES Act, to ensure timely delivery of services and improvements while affording for public notice and a reasonable opportunity to comment.

In compliance with Executive Order (EO) 12372 and the State of California's process for review and dissemination of federal assistance applications, the Community Development Division must submit to the State Office of Planning and Research (OPR) and to the Kern Council of Governments (Kern COG) a copy of the Federal Assistance Application Forms (HUD form 424) for the CDBG, HOME and ESG Programs prepared for the Plan and/or Action Plan. Receipt of the forms by State OPR and Kern COG initiates a 30-day minimum/60-day maximum review period during which State and local agencies may request further information for review and comment. This review process is completed prior to the public hearing before the Board of Supervisors.

Subsequent to the Board of Supervisors' approval of the Plan and/or Action Plan, a final notice is published in a newspaper of countywide circulation, the County's adjudicated minority newspapers, and in local newspapers which are circulated more than once a week. News releases are provided to the other adjudicated newspapers serving the various communities within Kern County. The notice is to indicate the availability of the adopted Plan and/or Action Plan for public view at the Community Development Division office and all County library branches. Thirty (30) copies of the Plan are mailed to the main branch of the Kern County Library to be distributed to outlying branch libraries. The Action Plan will also be placed on the Community Development Division’s website. A copy of the adopted Plan and/or Action Plan will also be provided to each cooperative agreement city, to each County Supervisor, and several copies will be available at the County Community Development Division for public access, review and/or distribution.

D.  Amendments/Substantial Amendments: Federal regulations at 24 CFR 91.505, Amendments to the Consolidated Plan, require the Grantee to amend its approved Plan whenever it makes one of the following decisions:

1. To make a change in its allocation priorities or a change in the method of distribution of funds;
2. To carry out an activity, using funds from any program covered by the Plan (including Program Income), not previously described in the Action Plan; or
3. To change the purpose, scope, location, or beneficiaries of an approved activity.

While copies of all Plan amendments are to be provided to HUD, federal regulations allow the Grantee to determine which amendments to its Consolidated Plan and annual Action Plans are "substantial," thereby requiring public notice in addition to notification of HUD. In accordance with these regulatory requirements, the following actions have been deemed by the County as constituting "Substantial Amendments:"

1. The proposed creation of a new activity or program not previously described in an annual Action Plan. However, an exception to the substantial standard may apply as part of an emergency response to a State or federally declared emergency such that any new activity or program is consistent with the National Objective found at 24 CFR 570.208(c) –Urgent Need provided that no other provisions contained at 24 CFR 91.505 requiring a determination that an action is a substantial amendment. The New Activity or Program must alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community where the emergency is declared, of recent origin or which recently became urgent, that the County or Co-operative Agreement Cities is unable to finance the activity on its own, and that other sources of funding are not available as defined under §570.208(c) and not previously described in an annual Action Plan. In a declared emergency, activities that meet an urgent need and satisfy the requirements above may be deemed not to meet the substantial amendment threshold with certification and approval of the Program Director.
2. The CARES Act provides that CDBG grantees may establish expedited procedures to amend substantial amendments to the Citizen Participation Plan, Consolidated Plans and/or Annual Action Plans. The streamlined procedures must provide at least five days for public notice and a reasonable opportunity to comment. Procedures shall follow all noticing requirements under the standard process for substantial amendment but the time for notification may be reduced to five (5) days notice, as permitted by the CARES Act, to ensure timely delivery of services and improvements while affording for public notice and a reasonable opportunity to comment.
3. The proposed cancellation of an activity or program previously described in an annual Action Plan.
4. The proposed change in the purpose of a previously described activity or program such that the basic intent of the activity or program would clearly change. The County will consider the basic intent to change if the community/neighborhood need addressed by the original activity or program would no longer be addressed if the activity or program were changed as proposed.
   • Examples: An activity previously designed to improve an existing water system is proposed for revision to a sewer system improvement activity;
   • An activity previously designed to provide an adult day care center is proposed for revision to the provision of a youth facility;
   • An activity or program previously designed to provide new single-family residential units is proposed for revision to the provision of new multi-family units, or for rehab of existing residential units; or
   • An activity or program previously designed to provide "seed" money for new small businesses is proposed for revision to the provision of funding for expansion of existing small businesses.
5. The proposed change in scope of a previously described activity or program such that the geographical area and/or number of beneficiaries to be served by the activity or program is increased or decreased by more than 25%, or the quantity of improvements or services as originally proposed is to be increased or decreased by more than 25%.
6. The proposed revision of the location of an activity or program such that the proposed change in location has or would create a significant effect on the natural, man-made and/or socio-economic environment. An amendment will also be required if the change in location results in a change in the area of benefit (from one community/neighborhood/service area to another).
7. The proposed change in the classification of beneficiaries of a previously approved activity or program. Activities included within the annual Action Plan are described in a manner which communicates the nature of the proposed beneficiaries - whether they are distinctive by specified age group, i.e., Seniors, Children, Youth, etc.; Special Need, i.e., homeless, disabled, battered, addicted, etc.; or, sometimes, by income group, i.e., low/moderate, very low or poverty level. If any change in an activity is proposed which would redirect benefit from one such beneficiary classification to another, the amendment will be considered to be substantial.

Proposed substantial amendments to the Consolidated Plan and/or Action Plan and/or the AFH shall be published in a newspaper of general circulation, the local newspaper serving the affected area and, if indicated by the demographics of the affected area, (see population percentages in Section III. B., herein) applicable minority and non-English newspapers serving the area. Proposed substantial amendments will also be placed on the Community Development Division’s website. The publication for an activity proposed for cancellation shall include a description of the activity, original activity budget, current budget balance and justification for the cancellation. The publication for new activities shall include an activity description, proposed activity budget, activity purpose and activity beneficiaries. The publication for revisions to existing activities shall include a description of the original activity, the proposed changes, any budget changes and the reason(s) for the change(s). In addition, each publication shall announce an upcoming public hearing before the Board of Supervisors that will provide opportunity for public comment directly to the Board regarding the proposed amendment. Comments prior to the meeting are always welcome at the Community Development Division (see Section VI., herein). This public hearing notice shall be published a minimum of thirty (30) calendar days prior to the date of the hearing.

The above process shall also apply to cooperative agreement cities for all proposed substantial Plan amendments pursuant to activities located within their respective jurisdiction. The City Council shall conduct a public meeting or hearing prior to the thirty (30) day public comment period and will act to recommend approval or denial of the amendment by resolution and forward the documentation to the Community Development Division prior to the date of the public hearing before the Board of Supervisors. The Board shall have final approval authority regarding the Plan amendment before it is submitted to HUD.

E.  Change in Use of Facility: Pursuant to federal regulations at 24 CFR 570.505 and 24 CFR 570.503(b)(7), proposed changes in use or class of beneficiaries of real property improvements which were previously funded in whole or in part with CDBG funds in excess of $25,000, shall not be carried out until the County (for County owned facilities) or its affected subrecipient, if applicable, provides citizens with reasonable notice of, and opportunity to comment on, any proposed change in use or class of beneficiaries. A provision which specifies required actions pursuant to this section is included in all subrecipient agreements for activities which involve assets valued in excess of $25,000. Cooperative agreement cities wishing to change the use of CDBG funded facilities within their community shall conduct an advertised public hearing to afford affected citizens the opportunity to comment on the proposed change. Cities shall provide the Community Development Division with a copy of the Affidavit of Publication, minutes of the public hearing and a city resolution describing the city's related actions. If another subrecipient is involved, they must comply with related provisions within the project agreement between the subrecipient and the County. The following future use restriction periods shall be in effect:

County-owned facilities - Until the County ceases to be an Entitlement Jurisdiction and for a subsequent period of five (5) years.

Cooperative agreement Cities - Until the cooperative agreement city ceases to be part of the County's Entitlement Jurisdiction and for a subsequent period of five (5) years or longer as defined in the County/City agreement.

Other subrecipient - As defined in the subrecipient's project agreement with the County.

F.  Performance Reports: Current regulations require that the Community Development Division must prepare and submit to HUD by September 30 of each year, a Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER contains specific information regarding all assisted activities and programs that were carried out during the previous fiscal year. The CAPER includes an assessment report describing the County's past year performance in attempting to achieve the National Objectives of the affected programs and locally approved Program objectives. It also includes copies of written comments from local residents regarding the County's performance in carrying out the Entitlement Programs along with the CD Program Department's written response to each comment/complaint received by the Department during the past fiscal year. More information regarding comments and complaints can be found in the "Comments and Complaints" section of this CP Plan.

Prior to submitting the CAPER to HUD, the Community Development Division must schedule, publicize and conduct a public hearing before the Board of Supervisors. This public hearing affords County residents another opportunity to comment on the County's performance. The notification process for this public hearing is exactly the same as the process for the Plan adoption public hearing discussed in Section III. C. of this CP Plan, with the exception that the time-period required for notification shall be not less than 15 days to receive comments on the performance report that is to be submitted to HUD before its submission.

G.  Environmental Review: Citizen participation requirements specific to the environmental review process are specified in the Community Development Division’s Environmental Review Procedure Statement, located at the office of the Department. These requirements are consistent with both the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) regulations, as well as the County of Kern Environmental Review Guidelines. Basically, compliance consists of publication of specific actions/findings, and includes a description of the activity and its location, and submission of relevant data to applicable local, state and federal agencies for review and comment. Public comment periods are included in the review process at various intervals pursuant to the level of review prescribed by NEPA and CEQA requirements.

H.  Miscellaneous and Informal Meetings: Community Development Division staff attend and/or conduct many miscellaneous meetings and hearings throughout the fiscal year. Some of these meetings are project specific, others are held at the request of individuals, groups, other County departments or Board members for the purpose of disseminating information about the CDBG, HOME and ESG Programs in general, or to discuss related issues of specific interest. These meetings are generally not advertised since the meeting is attended by the parties requesting the meeting, Community Development Division staff and various other invited participants.

I.  Bilingual Information: The Community Development Division provides a wide range of bilingual (English/Spanish) information and related services. While Departmental staffing levels vary, at anytime there are bilingual full-time staff employed by the Department, and available to assist Spanish-speaking residents. Spanish-speaking staff attend and participate in all meetings where Community Development Division staff anticipate attendance by participants who speak only, or principally, Spanish. These staff members are also available to assist with the translation of written information when necessary.

All public notices regarding projects or programs affecting areas with 49% or greater Hispanic populations are published in Spanish within newspapers serving the County's Hispanic residents. This percentage is based on the representation of Hispanic residents as a percentage of the total population as documented in the 2010 U.S. Census.

Bilingual written correspondence and program information is maintained at the Community Development Division office for use by and distribution to Spanish-speaking residents. This includes brochures describing the CDBG Program and information regarding the programs implemented by the Housing Division of the Community Development Division. Upon request, translation services are available for Spanish speaking citizens who are seeking assistance from the Department.

J.  Publications: The Community Development Division maintains a Planning Section Publication Procedure Statement which outlines the type of publications used, the frequency of publication, the language in which the publications are to be printed and the newspapers which are to be utilized. The Publication Procedure Statement also specifies which notices, etc., are to be submitted as paid publications and which are to be submitted as public service announcements (non-paid).

K.  Public Hearings for Section 108 Loan Guarantees: A Section 108 Loan Guarantee project may be begun at any time. A minimum of two public hearings, each at a different stage of the Community Development Program citizen participation process, will be held for the purpose of obtaining the views of citizens and formulating or responding to proposals and questions. At least one of these hearings must be held before submission of the Section 108 application to HUD to obtain the views of citizens on community development and housing needs. Each activity will be described in sufficient detail including provision under which the project is eligible, the national objective to be met, amount of guaranteed loan funds expected to be used, and location, to allow citizens to determine the degree to which they will be affected.

Section 108 activities must satisfy CDBG eligibility and national objectives criteria as well as Section 108 regulations and guidelines. Because this program involves the borrowing of funds, each activity must demonstrate a source of loan repayment and pledge collateral. Repayment may occur from one or more sources including but not limited to private-party borrowers, activity revenues, or budgeted CDBG entitlement funds. Collateral, including real and/or personal property, must be pledged along with future CDBG entitlement grants as a secondary source of loan repayment. The liquidation value of collateral pledged aside from any future CDBG entitlement grants must be greater than the Section 108 loan amount; therefore, future CDBG entitlement grants face little or no threat of attachment in the event of loan default.