1 City of Bakersfield
Citizen Participation Plan
Previous Amendment: March 2020
Approved: XXXX 2025
DRAFT
Economic & Community Development Department
1600 Truxtun Avenue Floor 3
Bakersfield, CA 93301
www.bakersfieldcity.us/ecd
(661) 326-3765
Plan de participación ciudadana de la ciudad de Bakersfield 2025-2030 Para servicios de traducción, comuníquese con (661) 326-3765
2 INTRODUCTION
Jurisdictions receiving housing and community development block grant funds from the U.S. Department of Housing and Urban Development (HUD) are required to adopt a Citizen Participation Plan (CPP) that sets forth the policies and procedures for citizen participation for the planning and allocation of such funds (24 CFR Part 91.105). The CPP specifies how jurisdictions will engage stakeholders and the public regarding the community’s needs in the areas of community development, affordable housing, and homelessness. Jurisdictions must take appropriate actions to encourage the participation of all its citizens, including persons of color, non -English speaking persons, and persons with disabilities, and residents of public and assisted housing developments and recipients of tenant-based assistance.
The Citizen Participation Plan is a pathway for all citizens to exercise their voice and influence decisions that affect their communities, neighborhoods, and way of life. -HUD Citizen Participation and Consultation Toolkit
It is the intent of the City of Bakersfield (City), to encourage and facilitate the participation of all residents in the formulation of priorities, strategies, and funding allocations in the development of the following: Five-year Consolidated Plan and the One- Year Action Plan (Action Plan), Citizen Participation Plan (CPP), Substantial Amendments thereto, Assessment of Fair Housing (AFH) or Analysis of Impediments (AI), and annual performance reports for the following programs funded by the U.S.
Department of Housing and Urban Development (HUD).
• Community Development Block Grant (CDBG);
• HOME Investment Partnerships (HOME);
• Emergency Solutions Grant (ESG);
• Housing Opportunities for Persons with Aids (HOPWA); and • Other new or temporary HUD block grant funds for which the City is entitled.
ENCOURAGEMENT OF CITIZEN PARTICIPATION
The City strives to encourage and facilitate the participation of its residents in the development of priorities, strategies, and funding allocations related to the consolidated planning process. The City will emphasize the involvement of low - and moderate-income persons, especially those living in slum and blighted areas, areas designated as a revitalization area, areas where the funds are proposed to be used, and low- and moderate-income neighborhoods where 51% of the residents are at or below 80% of the area median income (AMI).
The City encourages the participation of local and regional institutions, the Continuum of Care, and other organizations (including businesses, developers, nonprofit organizations, philanthropic organizations, and community/faith-based organizations) in the process of developing and implementing the documents related to the consolidated planning process. Also, the City will encourage participation from
3 broadband internet service providers, organizations engaged in narrowing the digital divide, agencies who manage flood prone areas, public land or water resources, and emergency management agencies.
To encourage citizen participation that emphasizes the involvement of low - and moderate- income residents, the City will continue to work with public housing authorities, neighborhood groups, and other organizations representing the City’s low- and moderate-income areas and residents.
The CPP ensures that all parties, including residents, non-profit organizations, and other interested organizations, are afforded adequate opportunity to review and comment on plans, programs, activities, and reports covering the City’s federally funded housing and community development programs. This includes minority populations, people with limited English proficiency, and persons with disabilities.
The City may alter some requirements listed in this CPP based on waivers or suspensions provided by HUD, typically in response to disasters or other emergencies. For example, the City may shorten a public comment period and/or application process of a consolidated planning document to more quickly respond to a disaster or emergency with HUD approval.
Overview of Process
The general structure of citizen review/participation component has four tiers: citizens and residents, community groups and organizations, the City of Bakersfield, and the Bakersfield City Council.
• Many project ideas occur at the community level. Depending on the plan, engagement of citizens and residents may include: The City staff attendance and presentations at ongoing neighborhood meetings, focus groups with stakeholders, focus groups with residents, convening of residents and stakeholders at community meetings unique to the plans, convening of city and county staff to discuss community needs, resident surveys, and stakeholder surveys.
• City staff develop program allocation proposals based on these ideas, which are then recommended to City Leadership who reviews all housing and community development activities.
• The City recommendation then proceeds to the City Council for final review and approval.
The Consolidated Plan and Action Plan must detail how this outreach was conducted, including how and when meetings were held, when the public comment period occurred, and how the City addressed public comments.
Comments and suggestions from the public are welcome at all times.
4 CONSOLIDATED PLANNING ACTIVITIES
Consolidated Plan and Annual Action Plan
Every five years, the City develops a Consolidated Plan, as required by HUD, detailing how the City plans to invest its resources to meet Bakersfield’s ongoing affordable housing, community development, economic development, and public service needs over the next five years. The Consolidated Plan is a strategic plan and is developed using a collaborative community engagement process that results in a shared strategic vision for how resources are allocated to meet needs.
The Annual Action Plan outlines the community’s needs, budget priorities, local and federal resources, and proposed activities for the upcoming year. Public hearings and draft documents are necessities in the citizen participation process.
a. Public Hearings
Public hearings will be held at key stages of the consolidated planning process to obtain public input and response regarding community needs, proposed use of funds, proposed strategies and actions for affirmatively furthering fair housing consistent with the Assessment of Fair Housing (AFH), and program performance.
Pursuant to HUD regulations, the City will conduct a minimum of two (2) public hearings held at different planning stages within the program year prior to submission of the Consolidated Plan and/or Annual Action Plan to allow for resident participation in the development process. At least one (1) of these hearings will be held during the development of the Consolidated Plan and/or Annual Action Plan, before the proposed plan is published for comment. These public hearings will be held in
b. Draft Plan(s)
Before the Consolidated Plan and/or Annual Action Plan is adopted by the City Council and submitted to HUD (i.e., mid -May), the City will make the plan(s) available to citizens, public agencies, and other interested parties for review and will also establish the means to submit comments. Information made accessible to the public will include the amount of grant funds the City expects to receive (including program income), the range of activities to be undertaken, and the anticipated number of low- and moderate-income persons to benefit from funded activities.
The City will publish its Draft Consolidated Plan and/or Annual Action Plan for no less than thirty (30) calendar days so that all affected residents will have sufficient opportunity to review and comment on the draft plan(s). A summary describing the contents and purpose of the Consolidated Plan and/or Annual Action Plan will be published in one or more newspapers of general circulation. As feasible, the summary will be available in English, Spanish, and other languages (as feasible).
The notice will detail locations where the entire draft plan(s) will be made available for review. Locations may include:
• Bakersfield Californian and publications geared to reach lower income
5 and/or minority groups
• City of Bakersfield website and/or social media-
www.bakersfieldcity.us/communitydevelopment
• Distribution of information to relevant community/public facilities
Copies of said plan shall be made available to the public at the City offices ( 1600 Truxtun Avenue Bakersfield, CA 93301, upon request. The plan will also be made available in a format accessible to persons with disabilities, upon request
The City will consider any comments or views of residents of the community received in writing, or orally at the public hearings, in preparing the final Consolidated Plan and/or Annual Action Plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, shall be attached to the final Consolidated Plan and/or Annual Action Plan.
Amendments to the Consolidated Plan and Annual Action Plan For the purpose of the CPP, amendments to the Consolidated Plan and Annual Action Plan are divided into two categories: Substantial Amendments and Minor Amendments.
c. Substantial Amendments
Occasionally, it may be necessary for the City to process a Substantial Amendment to the Consolidated Plan or an Annual Action Plan to allow for new activities, modification of existing activities, or other program changes.
Substantial Amendments are subject to the citizen participation process and require formal action by the City Council and submission to HUD by the end of the program year. Unless waived by HUD 1, the City announces Substantial Amendments to the public by publishing a public notice in one or more newspapers of general circulation for a period of thirty (30) calendar days in order to provide the opportunity for the public to review and comment on the proposed Substantial Amendments. The notice will be available in English and may also be available in Spanish and other languages, as feasible. The City will consider all written or oral comments or views received from the public concerning proposed substantial amendments in accordance with 24 CFR 91.105(c)(3). A summary of these comments and views, including comments or views not accepted and the reason why, shall be attached to the substantial amendment.
When using funds from any program covered by the consolidated plan process, the following criteria will be used by the City for determining what constitutes a Substantial Amendment to its approved Consolidated Plan and/or Annual Action Plan.
1. Adding a new activity not previously described in the Consolidated Plan
1 In 2020, HUD issued guidance providing for the waiver of the 30‐day public comment period, allowing for a public comment period of no less than 5 days for substantial amendments to relevant plans, in response to COVID ‐ 19, including: CDBG; HOME and HOME‐Assisted TRBA; and HOPWA and ESG.
6 or Annual Action Plan
2. Changing the purpose, scope, location, or beneficiaries of an activity or previously described in the Consolidated Plan or Annual Action Plan
3. Changing allocation priorities or changing the method of the distribution of funds
4. Changing an activity total dollar amount allocated or budgeted by more than 25 percent from the amount previously described in an Annual Action Plan or its most recent Substantial Amendment
d. Minor Amendments
Minor Amendments (Administrative) represent any action that changes an activity budget in an Annual Action Plan by less than twenty-five percent (25%). These require the signature of the City Manager or designated representative, but do not require public notice or City Council approval. Notification of the minor amendment will be provided to HUD.
Assessment of Fair Housing (AFH)
The AFH is an analysis of local fair housing landscape and sets locally determined fair housing priorities and goals. The AFH contains
• An analysis of fair housing data
• An assessment of fair housing issues which are local conditions that restrict fair housing choice or access to opportunity
• An assessment of the contributing factors that create, contribute to perpetuate, or increase the severity of one or more fair housing issues • An identification of fair housing priorities and goals
The AFH is conducted and submitted to HUD using the HUD designated Assessment Tool and replaces the Analysis of Impediments to Fair Housing Choice beginning in program year 2020.
e. Public Hearing
At least one public hearing will be held to obtain the views of residents on AFH- related data and affirmatively furthering fair housing in the City’s housing and community development programs. This public hearing will be held before the Draft AFH is published for comment.
f. Draft AFH
Before the AFH is submitted to HUD, the City will make a Draft AFH available to citizens, public agencies, and other interested parties for review and will also establish the means to submit comments.
The City will publish its Draft AFH for no less than thirty (30) calendar days to provide residents with sufficient opportunity to review and comment on the Draft AFH. A summary describing the contents and purpose of the AFH will be published in one or more newspapers of general circulation. The summary will be available in English and may also be available in Spanish and other languages, as feasible.
7 The notice will detail locations where the entire draft plan(s) will be made available for review. Locations may include:
• Bakersfield Californian and publications geared to reach lower income and/or minority groups
• City of Bakersfield website and/or social media -
www.bakersfieldcity.us/communitydevelopment
• Distribution of information to relevant community/public facilities
Copies of said plan shall be made available to the public at the City offices ( 1600 Truxtun Ave, Bakersfield, CA 93301, upon request. The plan will also be made available in a format accessible to persons with disabilities, upon request
The City will consider any comments or views of residents of the community received in writing, or orally at the public hearings, in preparing the final AFH. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, shall be attached to the final AFH.
Consolidated Annual Performance Evaluation Report (CAPER) The City is required to submit a CAPER for its CPD programs to HUD no later than 90-days from the end of a program year. The CAPER describes how funds were spent and the extent to which these funds were used for activities that benefitted low- and moderate- income people.
To allow the public to comment on the performance report, the City will publish notice in one or more newspapers of general circulation that its Draft CAPER is available for review. The notice will be available in English and may also be available in Spanish and other languages, as feasible . The notice will detail locations where the entire Draft CAPER will be made available for review. Locations may include:
• Bakersfield Californian and publications geared to reach lower income and/or minority groups
• City of Bakersfield website and/or social media:
www.bakersfieldcity.us/ecd
• Distribution of information to relevant community/public facilities
The public will have at least fifteen (15) calendar days to comment on the Draft CAPER. All comments and views received during the comment period will be considered and shall be included in the performance report.
Section 108 Loan Guarantee Program
In accordance with Section 108 regulations, Subpart M -Loan Guarantees, 24 CFR 570.704, the City will comply with the following pre -submission and citizen participation requirements before submitting an application for Section 108 loan guarantee assistance to HUD.
8 g. Draft application
The City will develop a proposed application to include the community development objectives and activities the City proposes to pursue and carry out with the Section 108 funds. Each activity will be described in sufficient detail, including the provision under which the project is eligible, the national objective it meets, the amount of funds ex pected to be used, and the activity’s location to allow citizens to determine the degree to which they will be affe cted. The proposed application will also indicate which activities will generate program income and where citizens may obtain additional information about proposed activities. The proposed application will also include a description of the pledge of grants required under 24 CFR 570.705(b)(2).
The City will also publish a public notice which will include its proposed application providing citizens an opportunity to examine the application’s contents and to make comments. The public notice will also advise citizens on how and where to submit comments as well as notify citizens of whe n and where a public hearing will be held at which they can provide further input on the proposed application.
The public notice will be published at least 30 calendar days in advance of the public hearing.
h. Public Hearings
A minimum of two (2) public hearings, held at different stages of the Consolidated Plan 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 will be held before submission of a Section 108 application to HUD to obtain the views of citizens on community development and housing needs. At the hearing, each activity will be described in sufficient detail including: the provision under which the project is eligible, the national objective to be met, the amount of funds expected to be used, and the activity’s location so that citizens can determine the degree to which they will be affected. Citizens will have up to 30 calendar days, plus the day of the public hearing, to comment.
Once the City has published the public notice and held the public hearing, the City will determine if the proposed application needs to be modified, based on comments and views received, before submitting the application to HUD. Upon completion, the final application will be made available to the public at the City Clerk’s office.
Citizen Participation Plan (CPP)
When changes to the CPP are necessary, the City will publish notice in one or more newspapers of general circulation that the amended CPP is available to review so that the public will have sufficient opportunity to review and comment on the updates.
There will be a thirty (30) calendar day public comment period prior to the adoption of the amended CPP. This reasonable notice, opportunity to comment, and comment
9 period will be followed unless subject to HUD waivers or suspensions. Upon request, the CPP can be made available in a format accessible to persons with disabilities.
Public Hearings and Public Meetings
Public hearings may be held in -person, or virtual, or both. Virtual meetings and virtual public hearings will be held in place of an in-person meetings/hearings when needed in cases of natural disasters, health pandemics, or similar threats, to meet HUD requirements.
In addition, this Citizen Participation Plan will follow HUD notices, waivers, award letters, or other communications related to virtual and in-person public meetings or hearings
Public hearings and meetings will be held at times and locations accessible to persons with disabilities, consistent with accessibility and reasonable accommodation requirements. Interpretation for persons with limited English proficiency or persons with hearing impairments will be provided, upon request. Additional accommodations may be made upon request with five-days’ notice to the City.
The City will notify the public of these hearings and meetings by publishing a notice in at least one paper of general circulation and on its website at least 15 calendar days in advance of the hearings. The notice will:
• Describe the AFH/AI development process and goals prior to adoption; • For the Consolidated Plan, Substantial Amendment, One -Year Action Plan or Action Plan Amendment, describe the approximate amount of funding and range of possible activities;
• For Section 108, examine the application’s contents;
• State where and how information may be obtained;
• State the date of the public hearing;
• Allow 30 calendar days for public comments prior to adoption of the AFH/AI, Consolidated Plan, One-Year Action Plan, Citizen Participation Plan, Section 108, or Substantial Amendments or other length of time as indicated above; • State how limited English proficiency (LEP populations ) and persons with disabilities can request translation, interpretation, and reasonable accommodations; and
• State how the public can submit comments.
Other Citizen Participation Requirements
Notification to Interested Parties : The City will endeavor to directly notify interested parties of scheduled public hearings. A list of persons and community groups interested in receiving such notices will be maintained by the City. Notices will be included on the City’s website and, as relevant, part of social media posts and email blasts.
Access to Records : Electronic copies of the AFH/AI, Consolidated Plan, Action Plan, CAPER and related documents will be made available and posted on the City’s website during the draft review period and for two years subsequent to the initial publishing.
Copies of the AFH/AI, Consolidated Plan, One-Year Action Plan, Citizen Participation
10 Plan, and CAPER are available; this includes the availability of materials in a form accessible to persons with disabilities, upon request.
Accessibility, Translation, and Interpretation Services : If limited English proficiency or disabled persons are unable to and request assistance to participate in a public hearing, City staff will retain appropriate assistance to allow such residents to participate. Generally, assistance will consist of obtaining appropriate interpreter services. However, if such assistance presents an undue financial or administrative burden, the City will consider it mandatory only in instances where it is expected that a significant number of limited English proficiency or disabled persons will be in attendance. Generally, meeting facilities are accessible to persons with disabilities, but if special assistance is needed the City should be contacted at [email protected] at least five-days prior to the meeting. For virtual meetings/hearings that are held via a platform that allows video participation, there will also be an option for residents to access the meeting via telephone.
Technical Assistance: The City will endeavor to assist community groups and individuals as requested. The provision of assistance will be determined based upon the following:
staff availability; the relationship of the request to the priorities adopted in the AFH/AI and Consolidated Plan; and other available resources. At a minimum, they City will advise on all technical questions, such as determining the eligibility of a request.
Complaints: The City will respond to written complaints from citizens related to the AFH/AI, Consolidated Plan, One -Year Action Plan, Substantial Amendments, administrative amendments and performance reports within 15 working days. Written complaints should be sent to:
City of Bakersfield
Economic and Community Development Department
1600 Truxton Ave
Bakersfield, CA 93301
Access to Records: The City will provide the public with reasonable and timely access to information and records relating to documents related to the consolidated planning process, as well as the proposed, actual, and past use of funds covered by the CPP.
The public will be provided reasonable access to information, subject to local, state, and federal public information laws and laws regarding privacy and obligations of confidentiality. Confidential documents will be set apart from public information, and any requestors of this information will be promptly informed. The public will have access to records for at least five years from the publication date of the requested document.
Language Assistance: Based on HUD guidance, the City assesses language needs through a four -factor analysis in its Language Assistance Plan . Vital documents and notices related to the consolidated planning process will be made available in English and may also be available in Spanish, and other languages, as feasible.
11 Responsibility: The City will retain responsibility and authority to outreach to persons of color and persons with limited English proficiency, as well as persons with disabilities, during the development of the AFH/AI, the Consolidated Plan and One-Year Action Plan. This responsibility and authority is not restricted by the citizen participation requirements.
Minimizing Displacement and Relocation Benefits
The City of Bakersfield in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, the 1988 Common Rule, and the 1989 Barney Frank Act, will provide relocation assistance, as described in 24 CFR 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 to another use as a direct result of assisted activities.
Consistent with the goals and objectives of activities assisted under the Act, the City of Bakersfield will include, but not be limited to, the following steps to minimize the displacement of persons from their homes:
A. Avoid, as much as possible, Action Plan funded projects which permanently displace persons from their homes.
B. Fully advise any residents who may be displaced of their rights and options for relocation benefits as required by federal regulations.
C. Assist displaced residents in filling out any required forms for assistance or to appeal City decisions regarding displacement or the level of relocation benefits.
A copy of the City’s Anti-Displacement and Relocation Plan is also available to interested residents upon request.
Citizen Participation Summary
DOCUMENT
PUBLIC
PARTICIPATION
REQUIRED TIME FOR
PUBLIC REVIEW
REQUIRED
APPROVAL DEADLINE
Citizen
Participation Plan
Public Hearing
15 Calendar Day
Notice*
30 Calendar Day
Public Review*
City Council N/A
ConPlan, AI/AFFH,
and/or Annual
Action Plan
Public Hearing
15 Calendar Day
Notice
30 Calendar Day
Public Review
City Council Submit to HUD
45-days prior
to start of new
program year
Substantial
Amendments
Public Hearing
15 Calendar Day
Notice *
30 Calendar Day
Public Review*
City Council Submit to HUD
when
complete
Administrative
Amendments
No Public Hearing None City Manager Submit to HUD
when
complete
12 CAPER Not Required 15 Calendar Day
Public Review
City Submit to HUD
within 90-days
of end of
program year
Section 108 Public Hearing
15 Calendar Day
Notice
30 Calendar Day
Public Review
City Council N/A
*Alternative public notice and public review during declared emergencies.
Regulations Cited In The Development Of This Document
• Section 808(e)(5) of the Fair Housing Act (42 U.S.C. 3608(e)(5)) • 24 CFR Part 91.100 Consultation; local governments
• 24 CFR Part 91.105 Citizen participation plan; local governments • 24 CFR Part 91.401 Citizen participation; HOME Consortia • 24 CFR Part 91.505 Amendments to the consolidated plan • 24 CFR Part 5.150 – 5.180 Affirmatively Furthering Fair Housing • 24 CFR Part 92 HOME Investment Partnerships Program
• 24 CFR part 570 Community Development Block Grant
• 24 CFR part 574 Housing Opportunities for Persons with AIDS • 24 CFR part 576 Emergency Solutions Grant
Definitions
Assessment of Fair Housing/Analysis of Impediments : As part of the Consolidated Plan, all grantees must certify that they will affirmatively further fair housing (AFFH). HUD provides grantees options for demonstrating their AFFH commitment, including conducting a study of fair housing impediments and developing an action plan to address barriers and minimize future impediments. This analysis is called an Assessment of Fair Housing (AFH) or Analysis of Impediments to Fair Housing Choice (AI). The State of California requires an AFH be conducted with regional Housing Elements.
Affirmatively Further Fair Housing (AFFH): AFFH refers to the obligation that recipients of federal housing and community development funds have as part of receiving funds.
The AFFH requirement was enacted with the Fair Housing Act (FHA of 1968).
Consolidated Plan: This is a five -year planning document that is submitted to HUD and serves as the joint planning document for the City and County of Sacramento and application for funding for CDBG, HOME, ESG, HOPWA, and similar new or temporary grants. The document is developed in accordance with the Code of Federal Regulations (CFR) Title 24. CFR Part 91 sets forth the priorities and strategies of the programs for a five-year period.
One-Year Action Plan: This document updates the Consolidated Plan on an annual basis and allocates one year’s funding (entitlement and program income) to specific projects
13 and activities for the CDBG, HOME, ESG, HOPWA, and similar new or temporary grants programs. The City develops the document annually in accordance with 24 CFR 91.505.
Consolidated Annual Performance Evaluation Report (CAPER) : This document reports on the progress made in carrying out the Consolidated Plan, One-Year Action Plan and fair housing plan activities. The City prepares the report annually in accordance with 24 CFR Part 91.
Public Hearing: A public hearing is a public meeting that has been publicly noticed through postings through the City’s website, email blasts, social media, ads in general circulation and culturally-specific newspapers, or in a fashion which otherwise follows local procedures for formal noticing of public hearings. Public hearings are required prior to the adoption of the Consolidated Plan, the One-Year Action Plan, the CAPER, Citizen Participation Plan, and substantial amendments. Public hearings may also be part of the community engagement process for AFHs/AIs.
Substantial Amendment: A substantial amendment to the Consolidated Plan involves carrying out an activity or program not previously considered by stakeholders or approved by HUD (e.g., change in the allocation among program activities, change in geographic allocation, change in beneficiaries) in accordance with the original intent of the funds identified in the previously undertaken citizen participation process.