City of Fontana
Citizen Participation Plan
U.S. Department of Housing and Urban Development (HUD)
Community Planning and Development Grant Programs
Draft 2025
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City of Fontana, CA
Citizen Participation Plan 2025
Contents
A. Encouragement of Citizen Participation ........................................................... 2 B. Citizen Participation Plan (CPP) ....................................................................... 3
1. Plan Development ........................................................................................... 3
2. Amendments .................................................................................................. 4 C. Five-Year Consolidated Plan ............................................................................. 5
1. Plan Development ........................................................................................... 5
2. Consolidated Plan Amendment .......................................................................... 7 D. Annual Action Plan ........................................................................................... 8
3. Annual Action Plan Amendment ........................................................................ 8 E. Consolidated Annual Performance and Evaluation Report (CAPER) ................ 10
1. Plan Development ......................................................................................... 10 F. Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH)...................................................................................................... 11
1. Plan Development ......................................................................................... 11
2. AI or AFH Amendment ................................................................................... 12 a. Amendment Considerations ............................................................................ 12 G. Public Hearings, Notification and Access ........................................................ 13
1. Public Meetings and Hearings ......................................................................... 13
2. Documents for Public Review .......................................................................... 14
3. Access to Meetings ........................................................................................ 15
4. Access to Consolidated Plan Documents and Records ......................................... 16 H. Technical Assistance ...................................................................................... 16 I. Comments and Complaints ............................................................................. 17
1. Comments ................................................................................................... 17
2. Complaints ................................................................................................... 17 J. Appeals .......................................................................................................... 18 K. Special Exceptions and Waivers ..................................................................... 18 L. CDBG Disaster Recovery (CDBG-DR) .............................................................. 18 M. Anti-Displacement and Relocation ................................................................. 20
1. Background .................................................................................................. 20
2. What is Displacement? .................................................................................. 20 DRAFT
City of Fontana, CA
Citizen Participation Plan 2025
3. What is a Displaced Person? ........................................................................... 21
4. Persons Not Eligible for Assistance .................................................................. 21
5. Minimizing Displacement ................................................................................ 22
6. Anti-Displacement Policy ................................................................................ 22
7. Displacement Assistance ................................................................................ 23
8. One-For-One Replacement Dwelling Units ........................................................ 24
9. Decent, Safe and Sanitary Dwelling ................................................................. 24 N. Real Property Policies .................................................................................... 25
1. Use of Real Property ...................................................................................... 25
2. Real Property Acquisition ............................................................................... 26
3. What is Real Property Acquisition? .................................................................. 26
4. Eligible Activities ........................................................................................... 26
5. Environmental Review Process (24 CFR Part 58) ............................................... 26
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City of Fontana, CA
Citizen Participation Plan 2025 Page 1 Citizen Participation Plan
City of Fontana, California
As required by the U.S. Department of Housing and Urban Development (HUD) regulations found at 24 CFR 91.105, this Citizen Participation Plan sets forth the City of Fontana’s policies and procedures for providing citizens and other interested parties with opportunities to participate in an advisory role in the planning, implementation, and evaluation of the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs.
The purpose of the CDBG program is the provision of decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate-income residents earning less than 80 percent of the Area Median Income, or in predominantly low- and moderate-income neighborhoods where at least 51 percent of the households are low and moderate -income households.
The purpose of the
HOME program is to increase the supply of affordable housing for low- and moderate- income households, expand the capacity of nonprofit housing providers, and leverage private sector participation in the provision of affordable housing. The purpose of the ESG program is to address homelessness through one or more activities including street outreach, emergency shelter, homelessness prevention assistance, and rapid re-housing assistance.
As a recipient of CDBG, HOME, and ESG funds, the City is required to produce the following Consolidated Plan Documents:
1. Citizen Participation Plan (CPP) – the City’s policies and procedures for community participation in the planning, implementation, and evaluation of the CDBG, HOME, and ESG programs.
2. Analysis of Impediments to Fair Housing Choice or Assessment of Fair Housing (AI or AFH) – a five-year plan completed by the City individually or as part of a local consortium of other HUD grantees pursuant to HUD guidance for the evaluation of local housing conditions, economics, policies and practices and the extent to which these factors impact the range of housing choices and opportunities available to all residents in an environment free from discrimination.
3. Consolidated Plan – a five-year plan that documents the City of Fontana’s housing and community development needs, outlines strategies to address those needs and identifies proposed program accomplishments.
4. Annual Action Plan – an annual plan that describes specific CDBG, HOME, and ESG projects and activities that will be undertaken over the course of the program year, which runs from July 1 to June 30.
5. Consolidated Annual Performance and Evaluation Report (CAPER) – an annual report that evaluates the City’s accomplishments and use of CDBG, HOME, and ESG funds.
The HUD requirements for citizen participation do not restrict the responsibility or authority of the City of Fontana for the development and exec ution of the DRAFT
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Citizen Participation Plan 2025 Page 2 Consolidated Plan Documents, but rather facilitate citizen access to, and engagement with the CDBG, HOME, and ESG programs.
There will be a minimum of two (2) public hearings at which citizens may express their views concerning the Consolidated Plan Documents. These public hearings shall occur at two different points during the program year, as directed by Fontana city staff. If necessary, additional public hearings and comment periods will be held in the development of the Consolidated Plan and in the event that substantial amendments to the Citizen Participation Plan, Consolidated Plan, or Action Plan become necessary as described later in this document. The City, at its discretion, may conduct additional outreach, public meetings, or public hearings as necessar y to foster citizen access and engagement.
A. Encouragement of Citizen Participation
The City of Fontana provides for and encourages citizens to participate in the development of the CPP, Consolidated Plan, Action Plan, CAPER, and AI or AFH. The City encourage s participation by low- and moderate -income persons, particularly those living in slum and blighted areas (if any such areas are formally designated) and in areas where Community Planning and Development (CPD) funds are proposed to be used, and by residents of predominantly low- and moderate -income neighborhoods
1. The City will also take appropriate actions to encourage the participation of all its citizens, including minorities and Limited English Proficiency (LEP) persons, as well as persons with disabilities.
The City of Fontana’s Language Access Plan (LAP) determines how the city will meet federal requirements to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the City’s programs and activities.
Meaningful access is understood as language assistance that results in accurate, timely, and effective communication and is available at no cost to the LEP individual.
To determine city residents' language needs , the city conducts a “Four Factor Analysis” in accordance with U.S. Department of Justice LEP Guidance; evaluating:
1) the number or proportion of LEP persons in the population to be served, 2) the frequency with which LEP persons come into contact with the program activity or service, 3) the importance of the service, information, program, and/or activity, and 4) the resources, financial and human, available to the City. The analysis was conducted in the context of “safe harbor” thresholds provided by the U.S. Department of Housing and Urban Development (HUD). Based on the results of the assessment the translation of public notices and other vital documents will be determined.
The City will make a concerted effort to notify and encourage the participation of citizens, local and regional institutions, the local Continuum of Care organization addressing homelessness, and public and private organizations including businesses, developers, nonprofit organizations, philanthropic organizations, community- based and faith-based organizations, broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities
1 Predominately low- and moderate-income neighborhoods are defined as those in which 51% of the residents have incomes at or below 80% of area median income, as determined with HUD-supplied data.
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Citizen Participation Plan 2025 Page 3 include the management of flood prone areas, public land or water resources, emergency management agencies, state and local health service providers, social service providers, fair housing organizations, state and local governments, public housing agencies/authorities (P HA) and residents thereof, affordable housing developers, businesses, community and faith based organizations, and other stakeholders in the amendment of the CPP or the development of the AI or AFH, Consolidated Plan, Annual Action Plans through mailings (including electronic mailings), online postings, and public notices in the newspaper.
The City may also explore alternative public involvement techniques and quantitative ways to measure efforts that encourage citizen participation in a shared vision for change in communities and neighborhoods, and the review of program performance as directed by the Deputy City Manager. Unless otherwise noted in this document, all communication regarding the CPP and the Consolidated Plan documents should be directed to:
Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606
B. Citizen Participation Plan (CPP)
The following describes the process and procedures related to the development of the CPP.
1. Plan Development
The City’s CPP development procedures are outlined below.
a. Plan Review and Comment
The draft CPP shall be made available for public review for a 3 0-day period.
The CPP shall be provided in a format accessible to persons with disabilities upon request.
The CPP will encourage comment and participation by minority and non-English speakers. Publication of the plan will be advertised in Spanish and translation services will be available upon request in accordance with the City’s LAP.
Written comments will be accepted by the Housing Department’s Project Specialist or designee during the public review period. A summary of all written comments received, or oral comments provided during the public hearing as well as the City’s responses will be attached to the CPP prior to submission to HUD.
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Citizen Participation Plan 2025 Page 4 b. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft CPP. The City Council may approve or reject the CPP. c. S ubmittal to HUD
The CPP shall be approved as a stand-alone document. The City shall submit to HUD : the approved document, a summary of all written comments and those received during the public hearing as well as the City’s responses , and proof of compliance with the minim um 30-day public review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD.
2. Amendments
The City shall amend the CPP, using the following procedures, as needed:
a. Amendment Considerations
The City shall amend the CPP, as necessary, to ensure adequate engagement and involvement of the public in making decisions related to the programs and documents governed by 24 CFR Part 91. Formal amendment of the CPP may be required should a provision be found by the City to conflict with HUD regulations.
b. Public Review and Comment
Amendments to the CPP shall be made available for public review for a 30-day period. A public hearing shall be conducted by the City Council at a regularly scheduled meeting so that citizens may express their views. Written comments will be accepted by the Housing Department’s Project Specialist or designee during the public review period. A summary of all written comments received, or oral comments provided during the public hearing as well as the City’s responses will be attached to the amended CPP prior to submission to HUD.
Minor edits to the CPP , such as updating contact information or technical details about schedules and publications , will not constitute a “Substantial Amendment”, and therefore, will not be released for public review and comment. Copies will be made available following the process described in Section G of this document.
c. P
ublic Hearing
The City Council shall conduct a public hearing to review and accept public comments on the draft amendment to the CPP. The City Council may approve or reject the amendment to the CPP.
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Citizen Participation Plan 2025 Page 5 d. Submittal to HUD
A copy of the Amended CPP, including a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30 -day public review and comment period requirement shall be submitted to HUD for their records. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable.
C. Five-Year Consolidated Plan
The following paragraphs describe the policies and procedures for the development of the Five -Year Consolidated Plan. To comply with 24 CFR Part 91.105(b), the information supplied in the draft Consolidated Plan for public review will include:
• Amount of assistance the City expects to receive (grant funds and program income)
• Range of activities that may be undertaken
• Estimated amount of funding that will benefit low- and moderate-income persons
The City shall also provide an assessment of community development and housing needs and identify short term and long- term community development objectives directed toward the provision of decent housing and the expansion of economic opportunities primarily for persons of low- and moderate-income.
Additionally, the City must attest to its compliance with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24, as effectuated by the City’s adopted Residential Anti -Displacement and Relocation Assistance Plan, as required under Section 104(d) of the Housing and Community Development Act of 1974, as amended. Persons displaced as a result of HUD-assisted activities, whether implemented by the City or by others, shall receive relocation benefits as required under Federal Law.
The City will make this information available in the Consolidated Plan published for comment and review.
1. Plan Development
The City encourage s the participation of residents and stakeholders in the development of the Consolidated Plan. The City shall follow the following procedure to prepare and adopt the Consolidated Plan:
a. P
lan Considerations
As soon as feasible after the start of the public participation process the City will make the HUD -provided data and any other supplemental information available to residents, public agencies and other interested parties by posting DRAFT
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Citizen Participation Plan 2025 Page 6 the data on the City’s website and referencing this information in public notices.
A variety of mechanisms may be utilized to solicit input from residents, service providers, agencies, and other stakeholders. These include, but are not limited to, telephone or personal interviews, focus groups, surveys, and consultation and community workshops.
b. P lan Review and Comment
The complete draft Consolidated Plan shall be made available for public review for a 30 -day period. The Consolidated Plan shall be provided in a format accessible to persons with disabilities upon request.
The plan will encourage comment and participation by LEP persons. Publication of the plan will be advertised in compliance with the City’s LAP.
The plan will encourage comment s and participation by low- and moderate- income residents, especially those living in low- and moderate -income neighborhoods, in areas where CDBG, HOME, and/or ESG funds are proposed to be used and residents of public and assisted housing. Activities to encourage participation may include, but are not limited to, advertising publication of the Consolidated Plan in target areas, hosting community meetings in target areas, and making copies of the plan available in public buildings. Copies will be made available following the process described in Section G of this document.
Written comments will be accepted by the Housing Department’s Project Specialist or designee during the public review period. A summary of all written comments and those received , or oral comments provided during the public hearing as well as the City’s responses will be attached to the Consolidated Plan prior to submission to HUD.
c. P ublic Hearing
The City Council shall conduct a public hearing to accept public comments on the draft Consolidated Plan. Section G describes the process for publishing notice and conduct of public hearings.
d. S
ubmittal to HUD
The Consolidated Plan shall be submitted to HUD with a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30 -day public review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable. The Consolidated Plan will be submitted to HUD 45 days before the program year pursuant to regulations, unless otherwise directed by HUD.
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Citizen Participation Plan 2025 Page 7
2. Consolidated Plan Amendment
The City shall follow the following procedure to complete substantial and minor amendments to the Consolidated Plan, as needed:
a. Amendment Considerations
The City shall substantially amend the Consolidated Plan if a “substantial change” is proposed by City staff or the City Council. For the purpose of the Consolidated Plan, a "substantial change" is defined as: the addition or removal of Strategic Plan goals.
The City may make minor changes to the Consolidated Plan, as needed, so long as the changes do not constitute a substantial amendment as described above. Changes to numeric accomplishment goals within an existing strategic plan goal shall not constitute a substantial amendment. Such changes to the Consolidated Plan will not require public review or a public hearing.
b. Public Review and Comment
The City encourages residents and stakeholders to participate in the development of substantial amendments. Substantial Amendments to the Consolidated Plan shall be made available for public review for a 30-day period prior to City Council consideration at a scheduled public hearing. Written comments will be accepted by the Housing Department’s Project Specialist or designee during the public review period. A summary of the comments and the City’s responses to the comments will be attached to the Consolidated Plan Substantial Amendment.
The City will encourage participation from all residents, especially low- and moderate-income residents, minorities, and LEP persons in compliance with the City’s LAP, and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.
c. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft amendment to the Consolidated. Section G describes the process for publishing notice for and conducting public hearings.
d. Submittal to HUD
A copy of the Amended Consolidated Plan, including a summary of all written comments and those received during the public hearing as well as the City’s responses and proof of compliance with the minimum 30 -day public review and comment period requirement shall be submitted to HUD for their records.
A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable.
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Citizen Participation Plan 2025 Page 8 D. Annual Action Plan
The following describes the process and procedures related to the development of the Annual Action Plan.
e. Plan Review and Comment
The draft Annual Action Plan incorporating the City's proposed uses of CDBG, HOME, and ESG funds shall be made available for public review for a 30 -day period. The City will encourage participation from all residents, especially low- and moderate -income residents, minorities, LEP persons , and those with disabilities. The City will make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.
Written comments will be accepted during the public review period by the Housing Department’s Project Specialist or designee. A summary of the comments and the City’s responses to the comments will be attached to the draft Action Plan.
f. P
ublic Hearing
The City Council shall conduct a public hearing to accept public comments on the draft Annual Action Plan. The City Council may approve or reject the Action Plan and authorize its submission to HUD. Section G describes the process for publishing notice and conduct of public hearings.
g. S ubmittal to HUD
Upon adoption of the Annual Action Plan pursuant to HUD regulations, the City Council shall direct City staff to submit the Action Plan to HUD . Documents related to the public participation process, including copies of public notices and a summary of all public comments received, shall be attached to the Action Plan. The Action Plan will be submitted to HUD at least 45 days before the program year pursuant to regulations, or as otherwise allowed or required by HUD.
3. Annual Action Plan Amendment
The City shall complete substantial and minor amendments to the Annual Action Plan, as needed, as follows:
a. A mendment Considerations
The City shall substantially amend the Action Plan if a “substantial change” is proposed by City staff or the City Council. For the purpose of the Action Plan, a "substantial change" is defined as:
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Citizen Participation Plan 2025 Page 9 • Addition of a new activity not previously identified in the Action Plan, without regard to funding source;
• Cancelation of an existing activity identified in the Action Plan, without regard to funding source;
• A change in the purpose, scope, location or beneficiaries of an activity; or
• Changes in the use of CDBG, HOME, and ESG funds from one eligible activity to another eligible activity meeting the following thresholds:
Substantial Amendment Minor Amendment
Net Change >100% of the activity allocation <100% of the activity allocation *Allocation should be understood as amount from most recent Amendment
The City may make minor changes to the Action Plan, as needed, so long as the changes do not constitute a substantial amendment as described above.
Such minor changes to the Action Plan will not require public review or a public hearing before the City Council.
b. Public Review and Comment
The City encourages citizen participation in the development of substantial amendments. Substantial Amendments to the Annual Action Plan shall be made available for public review for a 30 -day period. Written comments will be accepted during public review period. Comments should be directed to the Housing Department’s Project Specialist or designee. A summary of the comments and the City’s responses to the comments will be attached to the Action Plan Substantial Amendment.
The City will encourage participation from all residents, especially low- and moderate-income residents, minorities , LEP persons , and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.
c. Public Hearing
The City Council shall conduct a public hearing to review and consider the Substantial Amendment to the Action Plan. The City Council shall accept public comments on the Substantial Amendment to the Action Plan at the public hearing. After public comments are heard and considered by the City Council, the City Council shall approve, approve with modifications, or deny the request for a substantial amendment to the Action Plan. Section G describes the process for publishing notice and conduct of public hearings.
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Citizen Participation Plan 2025 Page 10 d. Submittal to HUD
A copy of the Substantial Amendment to the Annual Action Plan along with copies documenting the public participation process (i.e. public notices and public comments) shall be submitted to HUD for their records.
E. Consolidated Annual Performance and Evaluation Report (CAPER)
The following describes the process and procedures related to the development of the Consolidated Annual Performance and Evaluation Report (CAPER):
1. Plan Development
The City shall follow the following procedure in the drafting and adoption of Consolidated Annual Performance and Evaluation Report (CAPER):
a. P lan Considerations
Staff will evaluate and report the accomplishments of the previous program year for CDBG, HOME and ESG, and will summarize expenditures that took place during the previous program year.
b. P
lan Review and Comment
The City encourages citizen participation in the development of the CAPER. The draft CAPER shall be made available for public review for a 15 -day period.
Written comments will be accepted during public review period by the Housing Department’s Project Specialist or designee. A summary of any written comments received, or oral comments provided during the public hearing and the City’s responses to the comments will be attached to the draft CAPER.
Copies will be made available following the process described in Section G of this document.
The City encourages citizen participation in the development of the CAPER. The draft CAPER shall be made available for public review for a 15 -day period.
Written comments will be accepted during public review period by the Housing Department’s Project Specialist or designee. A summary of the comments and the City’s responses to the comments will be attached to the draft CAPER.
Copies will be made available following the process described in Section G of this document.
c. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft CAPER. After public comments are heard and considered by the City Council, the City Council shall approve or reject the CAPER.
Section G describes the process for publishing notice for and conducting public hearings.
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Citizen Participation Plan 2025 Page 11 d. Submittal to HUD
Upon adoption of the CAPER pursuant to HUD regulations, the City Council shall direct City staff to submit the CAPER to HUD. Documents related to the public participation process, including copies of public notices and a summary of all public comments received, shall be attached to the CAPER. The CAPER shall be submitted to HUD within 90 days following the end of the program year pursuant to regulations.
F. Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH)
The Analysis of Impediments to Fair Housing Choice (AI) or Assessment of Fair Housing (AFH) is a five -year plan completed by the City individually or as part of a local consortium of other HUD grantees pursuant to HUD guidance for the evaluation of local housing conditions, economics, policies and practices and the extent to which these factors impact the range of housing choices and opportunities available to all residents in an environment free from discrimination. HUD currently requires the jurisdiction to prepare an AI document. The following describes the process and procedures related to the development of the AI or AFH.
1. Plan Development
The City shall follow the following procedure in the drafting and adoption of the AI or AFH:
a. P
lan Considerations
As soon as feasible after the start of the public participation process for the AI or AFH, the City will make the HUD-provided data and any other supplemental information available to residents, public agencies and other interested parties by posting the data on the City’s website and referencing this information in public notices.
b. P
lan Review and Comment
The draft AI or AFH shall be made available for public review for a 30 -day period. Written comments will be accepted during public review period by the Housing Department ’s Project Specialist or designee. A summary of the comments and the City’s responses to the comments will be attached to the draft AI or AFH. Copies will be made available following the process described in Section G of this document.
c. P
ublic Hearing
The City Council shall conduct a public hearing to accept public comments on the draft AI or AFH. The City Council shall approve or reject the AI or AFH.
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Citizen Participation Plan 2025 Page 12 Section G describes the process for publishing notice for and conducting public hearings.
d. Submittal to HUD
Upon adoption of the AI, the City shall retain the AI in its records and annually report on the status and disposition of the Fair Housing Plan recommendations.
Upon adoption of an AFH, the City shall submit the AFH to HUD for review and acceptance or rejection. The goals of the AFH shall be incorporated into the Consolidated Plan prior to submission of the Consolidated Plan to HUD.
2. AI or AFH Amendment
The City shall follow the following procedure to complete substantial amendments to AI or AFH, as needed.
a. Amendment Considerations
The City shall substantially amend the AI if a “substantial change” is proposed by City staff or the City Council. For the purpose of the AI, a “substantial change” is defined as the addition or deletion of Fair Housing Plan recommendations.
The City shall substantially amend the AFH if a “substantial change” is proposed by City staff or the City Council or as otherwise required by HUD. An AFH that was previously accepted by HUD must be revised and submitted to HUD for review if a material change occurs. A material change is a change in circumstances in the jurisdiction of a program participant that affects the information on which the AFH is based to the extent that the analysis, the fair housing contributing factors, or the priorities and goals of the AFH no longer reflect actual circumstances. Examples include Presidentially declared disasters, under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), in the program participant's area that are of such a nature as to significantly impact the steps a program participant may need to take to affirmatively further fair housing; significant demographic changes; new significant contributing factors in the participant's jurisdiction; and civil rights findings, determinations, settlements (including Voluntary Compliance Agreements), or court orders; or, upon HUD's written notification specifying a material change that requires the revision. A revision to the AFH consists of preparing and submitting amended analys es, assessments, priorities, and goals that take into account the material change, including any new fair housing issues and contributing factors that may arise as a result of the material change.
b. Public Review and Comment
The City encourages residents and stakeholders to participate in the development of substantial amendments. Substantial Amendments to the AI or AFH shall be made available for public review for a 30 -day period. Written DRAFT
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Citizen Participation Plan 2025 Page 13 comments will be accepted by the Economic Development Department Administrative Secretary or designee during the public review period. A summary of the comments and the City’s responses to the comments will be attached to the Consolidated Plan Substantial Amendment.
The City will encourage participation from all residents , especially low- and moderate-income residents, minorities, LEP persons , and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document.
c. Public Hearing
The City Council shall conduct a public hearing to accept public comments on the draft amendment to the AI or AFH. The City Council may approve or reject the amendment to the AI or AFH. A revised AFH must be submitted within 12 months of the onset of a material change that triggers a “Substantial Amendment,” or at such later date as HUD may specify. Section G describes the process for publishing notice for and conducting public hearings.
G. Public Hearings, Notification and Access
The following policies and procedures outlining the public hearing process and public hearing notification apply to the development and substantial amendment of the Consolidated Plan, CPP, Annual Action Plan, CAPER, and AI or AFH.
1. Public Meetings and Hearings
a. P
ublic Hearing Process
The City will conduct at least two (2) public hearings per year to obtain citizens’ views and comments on planning documents during the public review and comment period. These meetings will be conducted at different times of the program year and together will cover the following topics:
• Housing and Community Development Needs
• Development of Proposed Activities
• Review of Program Performance
During a program year when the City develops an AI or AFH and Consolidated Plan, at least one public hearing will be conducted prior to the draft AI or AFH and Consolidated Plan being published for comment.
b. P ublic Hearing Notification
Staff will ensure adequate advanced notice of all public meetings and hearings.
Notices will be printed/posted at least 14 days prior to the meeting date. Adequate noticing will include:
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Citizen Participation Plan 2025 Page 14 • Printing notices in the San Bernardino Sun, and/or possibly other newspapers of general circulation in the City;
• Display copies of notices on the City’s website; and
• Posting notices at City Hall.
Notices will include information on the subject and topic of the meeting including summaries when possible and appropriate to properly inform the public of the meeting. Notices will be published in accordance with the City’s LAP and will be accessible to those with disabilities. Meeting locations and access are described below.
2. Documents for Public Review
Staff will ensure adequate advanced notice of all public review/comment periods.
Notices will be printed/posted prior to the commencement of the public review period alerting residents of the documents for review and providing a summary of the contents of the documents to include information on the content and purpose of the document and the list of locations where copies of the entire draft document(s) may be reviewed. The public comment period for each Consolidated Plan document and substantial amendment to each document subject to public review is listed below:
Document
Length of Public
Comment Period
Consolidated Plan 30 days
Action Plan 30 days
CAPER 15 days
AI or AFH 30 days
Citizen Participation Plan 30 days
The City will ensure that documents are available for disabled, minority residents and LEP persons.
Adequate noticing will include:
• Printing notices in the San Bernardino Sun and/or possibly other newspapers of general circulation in the City;
• Display copies of notices on the City’s website; and
• Posting notices at City Hall.
The City will place an adequate supply of draft copies of each document and substantial amendments to each document subject to public review at the following locations:
City Hall: City Clerk’s Office
8353 Sierra Ave
Fontana, CA, 92335
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Citizen Participation Plan 2025 Page 15
City Hall: Housing Department
8353 Sierra Ave
Fontana, CA, 92335
Fontana Lewis Library & Technology Center
8437 Sierra Ave
Fontana, CA 92335
Materials will also be posted to the City website at:
https://www.fontanaca.gov/622/Federal-Grant-Programs
All printed reports and materials shall be made available in a form accessible to persons with disabilities, upon request.
3. Access to Meetings
Unless otherwise noted, Public Hearings requiring City Council action will be conducted in front of the Fontana City Council at 2:00 P.M. at the Fontana City Hall Council Chambers (8353 Sierra Ave, Fontana, CA 92335). For public hearings not requiring City Council participation, the City will make every reasonable effort to conduct such hearings in the low- and moderate-income target areas and at times accessible and convenient to potential and actual beneficiaries.
Efforts to ensure this may include, but are not limited to, scheduling meetings in target neighborhoods, scheduling meetings during the evening and weekend and requesting feedback from neighborhood groups and stakeholders for guidance in effective meeting scheduling. Such hearing will be posted and advertised to allow sufficient notice to all interested persons.
In accordance with the City’s LAP, Spanish translation is available at all public hearings if the Department of Housing and Business Development Project Specialist receives such a request at least 48 hours prior to the public hearing.
The Housing Department Project Specialist may be reached at:
Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606
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City of Fontana, CA
Citizen Participation Plan 2025 Page 16 It is the intention of the City to comply with the Americans with Disabilities Act (ADA) in all respects. If an attendee or participant at a public hearing needs special assistance beyond what is normally provided, the City will attempt to accommodate these people in every reasonable manner. Efforts may include, but are not limited to, accessible seating, video recording for those homebound, sign language services and production of written transcripts. The City’s Housing Department Project Specialist must be notified at least 48 hours prior to the public hearing. The Housing Department Project Specialist may be reached at:
Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606
4. Access to Consolidated Plan Documents and Records
All approved Consolidated Plan Documents , and any approved amendments thereto, will be kept on file by the City at the City Hall Housing Department (8353 Sierra Avenue, Fontana, CA 92335), online at:
https://www.fontanaca.gov/622/Federal-Grant-Programs
and can be made
available to those requesting the plan. The Consolidated Plan Documents shall be provided in a format accessible to persons with disabilities upon request. Such formats may include, but are not limited to providing oral, Braille, electronic or large print versions of the plan to those visually impaired and delivering copies to those who are homebound. Upon request, the Consolidated Plan Documents or summaries of those documents will be made available in a manner accessible to LEP persons in accordance with the City’s approved LAP or those with disabilities.
T
he City will ensure timely and reasonable access to information and records related to the development of the Consolidated Plan Documents, and the use of HUD CPD funds from the preceding five years. Information to be made available will include budget and program performance information, meeting minutes, and comments received by the City during the development of the Consolidated Plan and its supporting documents.
Requests for information and records must be made to the City in writing. Staff will respond to such requests within 15 working days or as soon as possible thereafter.
H. Technical Assistance
Upon request, to the extent practicable, city staff will provide technical assistance to groups representing extremely-low, low-, and moderate-income persons to develop funding requests for HUD CPD eligible activities. This may include, but is not limited to, providing information about how to fill out forms or applications, informational sources, training, and access for LEP persons, and persons with disabilities .
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Citizen Participation Plan 2025 Page 17 “Technical assistance,” as used here, does not include the provision of funds to groups requesting such assistance and the City will not write proposals for an applicant.
To request technical assistance, please contact the Housing Department Project Specialist at:
Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606
I. Comments and Complaints
1. Comments
Citizens or the City government, as well as agencies providing services to the community, are encouraged to state or submit their comments in the development of the Consolidated Plan Documents and any amendments to the Consolidated Plan. Written and verbal comments received at public hearings or during the comment period, will be considered and summarized, and included as an attachment to the City's final Consolidated Plan. Written comments should be addressed to:
Mary Aguilar, Project Specialist
Housing Department
8353 Sierra Avenue
Fontana, CA 92335
(909) 350-6606
A written response will be made to all written comments within ten working days, acknowledging the letter and identifying a plan of action, if necessary. Every effort will be made to send a complete response within 15 working days to those who submit written proposals or comments.
Copies of the complete final Consolidated Plan and amendments to it will be available to residents at the following locations:
City Hall: Housing Department
8353 Sierra Ave
Fontana, CA, 92335
2. Complaints
A complaint regarding the Consolidated P lanning process and Consolidated Plan amendments must be submitted in writing to the Housing Department Project Specialist. A written response will be made to written complaints within 15 DRAFT
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Citizen Participation Plan 2025 Page 18 working days, acknowledging the letter and identifying a plan of action, if necessary.
The City will accept written complaints provided they specify:
• The description of the objection, and supporting facts and data; and • Provide name, address, telephone number, and a date of complaint.
J. Appeals
Appeals concerning the Consolidated Plan, statements, or recommendations of the staff should be made to the following persons in the order presented:
• Project Specialist
• Housing Manager
• Deputy City Manager
• City Manager
• City Council
• Los Angeles Area Office of HUD (if concerns are not answered)
K. Special Exceptions and Waivers
When authorized by HUD via waiver or statute to respond to an exigent or emergency situation, the City of Fontana may modify its CPP approach to conform with the flexibilities granted by HUD. These exceptions may be applied to all documents referenced in this CPP , including the CPP , Consolidated Plan, Annual Action Plan, Consolidated Annual Performance and Evaluation Report, AI / AFH, and any amendments to these documents. Such modifications may include:
• Reduced public review period,
• Modified placement of notices and documents for public review, • Modified structure of public hearings, or
• Alternative requirements, as identified and allowed by HUD.
In such cases, the City shall provide citizens with 5-day notice, or less per HUD direction, of public hearings or meetings of the City Council and shall provide a 5- day opportunity, or less per HUD direction, for public comment. Further, in-person public hearings will not be required when social distancing and limitation of public gatherings are recommended. All virtual hearings utilized by the City will provide reasonable notice and real-time access for citizens for questions, comments, and responses.
L. CDBG Disaster Recovery (CDBG-DR)
In the event of a federally-declared major disaster or emergency for which the City of Fontana is to receive and administer HUD disaster recovery assistance pursuant to DRAFT
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Citizen Participation Plan 2025 Page 19 the Robert T. Stafford Disaster Relief and Emergency Assistance Act and related Congressional Appropriations, either directly from HUD or through the State of California, the following citizen participation requirements shall apply to the development of Action Plans and Substantial Amendments to Action Plans for disaster recovery:
1. Before the City adopts the Action Plan for a disaster recovery grant or any substantial amendment to a disaster recovery grant Action Plan, the City will publish the proposed plan or amendment on the City website and will cross - reference with any additional disaster recovery websites established to provide information to the public concerning assistance that may be available.
2. The City and/or subrecipients will notify affected citizens through USPS and/or electronic mailings, press releases, public service announcements, public notice(s), and/or through social media.
3. The City will ensure that all citizens have equal access to information about the programs, including persons with disabilities and Limited English Proficiency (LEP) persons. Program information will be made available in the appropriate languages for the City.
4. Subsequent to publication of the Action Plan or substantial amendment, the City will provide a reasonable opportunity of at least seven (7) days for receiving comments, or a longer period as prescribed by the Federal Register Notice governing administration of the HUD disaster recovery assistance.
5. The City will take comments via USPS mail to: Housing Specialist, Department of Housing and Business Development , 8353 Sierra Avenue, Fontana, CA 92335.
6. In the action plan, the City will specify criteria for determining what changes in the City’s plan constitute a substantial amendment to the plan. At a minimum, the following modifications will constitute a substantial amendment:
a change in program benefit or eligibility criteria; the addition or deletion of an activity; or the allocation or reallocation of a monetary threshold of more than $750,000.
7. A
public website shall be established and publicized specifically for the disaster.
Initially, the City’s CDBG website may be used at:
https://fontana.org/index.aspx?NID=622. The website shall contain the Action Plan (including all amendments); each Quarterly Performance Report (QPR); procurement policies and procedures; executed contracts; status of services or goods currently being procured by the City (e.g., phase of the procurement, requirements for proposals, etc.).
8. T
he City will consider all written comments regarding the Action Plan or any substantial amendment. A summary of the comments and the City’s response to each comment will be provided to HUD or the State with the Action Plan or substantial amendment.
9. The City will provide a timely written response to every citizen complaint. The response will be provided within 15 working days of the receipt of the complaint, to the extent practicable.
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Citizen Participation Plan 2025 Page 20
10. The City will notify HUD when it makes any plan amendment that is not substantial. HUD or the State will be notified at least five business days before the amendment becomes effective.
M. Anti-Displacement and Relocation
The City’s Anti-displacement and Relocation Plan describes how Fontana will assist persons who must be temporarily relocated or permanently displaced due to the use of HUD CPD funds. This plan takes effect whenever the City funds projects that involve the following:
• Property acquisition;
• Potential displacement of people from their homes and the need to relocate people (either permanently or temporarily); and
• The demolition or conversion of low- and moderate-income dwelling units.
1. Background
Two Acts apply whenever any of the above issues are present: the Uniform Relocation Assistance and Real Property Policies Act of 1970 (URA) and Section 104(d) of the Housing and Community Development Act of 1974. Each of these acts places different obligations on the City.
The URA governs the processes and procedures which the City and the Finance Department must follow to minimize the burden placed on low- and moderate- income tenants, property owners, and business owners who must move (either temporarily or permanently) as the result of a project funded in whole or in part by the CDBG, HOME and ESG programs. The URA applies to:
• Displacement that results from acquisition, demolition, or rehabilitation for HUD -assisted projects carried out by public agencies, nonprofit organizations, private developers, or others; • Real property acquisition for HUD-assisted projects (whether publicly or privately undertaken);
• Creation of a permanent easement or right of way for HUD-assisted projects (whether publicly or privately undertaken); and • Work on private property during the construction of a HUD-assisted project even if the activity is temporary.
2. What is Displacement?
Displacement occurs when a person moves as a direct result of federally assisted acquisition, demolition, conversion, or rehabilitation activities, because they are:
• Required to move; or
• Not offered a decent, safe, sanitary and affordable unit in the project; or
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Citizen Participation Plan 2025 Page 21 • Treated “unreasonably” as part of a permanent or temporary move.
A person may also be considered displaced if the necessary notices are not given or provided in a timely manner and the person moves for any reason.
3. What is a Displaced Person?
The term displaced person means any person that moves from real property or moves his or her personal property from real property permanently as a direct result of one or more of the following activities:
• Acquisition of, written notice of intent to acquire, or initiation of negotiations to acquire such real property, in whole or in part, for a project;
• Rehabilitation or demolition of such real property for a project; and • Rehabilitation, demolition, or acquisition (or written notice of intent) of all or a part of other real property on which the person conducts a business or farm operation, for a project.
Fontana offers advisory and financial assistance to eligible tenants (or homeowners) who meet the above definition.
4. Persons Not Eligible for Assistance
A person is not eligible for relocation assistance under the provisions of the URA if any of the following occurs:
• The person was evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local law, or other good cause. However, if the person was evicted only to avoid the application of URA, then that person is considered displaced and is eligible for assistance; • The person has no legal right to occupy the property under State or local law;
• The City determines that the person occupied the property to obtain relocation assistance and the HUD Field Office concurs in that determination;
• The person is a tenant-occupant that moved into the property after a certain date, specified in the applicable program regulation, and, before leasing and occupying the property, Fontana or its subgrantee provided the tenant- occupant written notice of the application for assistance, the project's impact on the person, and the fact that they would not qualify as a “displaced person” because of the project; • The person is a tenant- occupant of a substandard dwelling that is acquired or a tenant-occupant of a dwelling unit to which emergency repairs are undertaken and the HUD field office concurs that:
o Such repairs or acquisition will benefit the tenant;
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Citizen Participation Plan 2025 Page 22 o Bringing the unit up to a safe, decent, and sanitary condition is not feasible;
o The tenant’s new rent and average estimated monthly utility costs will not exceed the greater of: the old rent/utility costs or 30 percent of gross household income; and
o The project will not impose any unreasonable change in the character or use of the property.
• The person is an owner-occupant of the property who moves because of an arm’s length acquisition;
• Fontana or its subgrantee notifies the person that they will not displace them for the project; and
• The person retains the right of use and occupancy of the real property for life following the acquisition.
Fontana determines that the person is not displaced as a direct result of the acquisition, rehabilitation, or demolition for the project and the HUD field office concurs in the determination.
5. Minimizing Displacement
Fontana will take reasonable steps to minimize displacement occurring as a result of its CDBG, HOME and ESG activities. This means that the Housing Department will:
• Consider if displacement will occur as part of funding decisions and project feasibility determinations;
• Assure, whenever possible that occupants of buildings to be rehabilitated are offered an opportunity to return;
• Plan substantial rehabilitation projects in “stages” to minimize displacement; and
• Meet all HUD notification requirements so that affected persons do not move because they have not been informed about project plans and their rights.
6. Anti-Displacement Policy
The City seeks to minimize, to the greatest extent feasible, the displacement, whether permanently or temporarily, of persons (families, individuals, businesses, nonprofit organizations, or farms) from projects funded with CDBG, HOME or ESG involving singl e- or multi -family rehabilitation, acquisition, commercial rehabilitation, demolition, economic development, or capital improvement activities.
Projects that Fontana deems beneficial but that may cause displacement may be recommended and approved for funding only if Fontana or its subgrantee DRAFT
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Citizen Participation Plan 2025 Page 23 demonstrates that such displacement is necessary and vital to the project and that they take efforts to reduce the number of persons displaced. Further, they must clearly demonstrate that the goals and anticipated accomplishments of a project outweigh the adverse effects of displacement imposed on persons who must relocate.
7. Displacement Assistance
Consistent with the goals and objectives of the CDBG, HOME and ESG programs, Fontana will take all reasonable steps necessary to minimize displacement of persons, even temporarily. If displacement occurs, the City will provide relocation assistance to all persons directly, involuntarily, and permanently displaced according to HUD regulations.
If Fontana temporarily displaces a low- or moderate-income household, that household becomes eligible for certain relocation payments. The assistance applies to those persons residing in the residence at the time the application is processed and is based on the following procedures:
• If the structure and its occupants are determined eligible for temporary relocation assistance, the owner- occupants and tenants are eligible for the actual reasonable cost (based on fair market rent) of temporary lodging facilities until the structure is determined habitable by Fontana’s housing inspector;
• Fontana must approve housing and the Lessor and Lessee must sign a rent agreement before move -in. Housing must be comparable functionally to the displacement dwelling and decent, safe, and sanitary. This does not mean that the housing must be in comparable size. The term “functionally equivalent” means that it performs the same function, has the same principal features present, and can contribute to a comparable style of living. Approved lodging accommodations include apartments and houses. Fontana does not reimburse “rental expenses” for living with a friend or family member;
• Either Fontana will provide the owner-occupants and tenants a direct payment for moving expenses (to and from temporary housing) and storage costs, or Fontana will arrange moving and storage of furniture with a moving company . If Fontana makes a direct payment, complete documentation and receipts are necessary to process claims when storage costs exceed the amount ass umed by the direct payment;
• Damage deposits, utility hookups, telephone hookups and insurance costs are not eligible for reimbursement; and
• The City may pay the cost of relocation assistance from Federal funds or funds available from other sources.
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Citizen Participation Plan 2025 Page 24
8. One-For-One Replacement Dwelling Units
Fontana will generally avoid awarding funds for activities resulting in displacement. However, should Fontana fund an activity, specific documentation is required to show the replacement of all occupied and vacant dwelling units demolished or converted to another use. Fontana will assure that relocation assistance is provided as described in 24 CFR 570.606(b)(2).
Before obligating or expending funds that will directly result in such demolition or conversion, Fontana 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 as low- and moderate-income units; • 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 units;
• The source of funding and a time schedule for the provision of replacement dwelling units; or
• The basis for concluding that each replacement dwelling unit will remain a low- and moderate-income unit for at least ten years from the date of initial occupancy.
Consistent with the goals and objectives of the CDBG, HOME and ESG programs, Fontana will take all reasonable steps necessary to minimize displacement of persons from their homes. The City will avoid funding projects that cause displacement of persons or businesses and will avoid funding any project that involves the conversion of low- and moderate-income housing to non-residential purposes.
9. Decent, Safe and Sanitary Dwelling
The basic definition is found at 49 CFR 24.2(1). The term decent, safe, and sanitary dwelling means a dwelling that meets the following standards and any other housing and occupancy codes that are applicable. It will:
• Be structurally sound, weather tight, and in good repair; • Contain a safe electrical wiring system adequate for lighting and other devices;
• Contain a safe heating system capable of sustaining a healthful temperature for the displaced person;
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Citizen Participation Plan 2025 Page 25 • Be adequate to accommodate the displaced person. There will be a separate, well lit, ventilated bathroom that provides privacy to the user and contains a toilet, sink, and a bathtub or shower, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. There should be a kitchen area that contains a fully usable sink, properly connected to hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator; • Contain unobstructed egress to safe, open space at ground level; • For a mobility -impaired person, be free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by such person. This requirement will be satisfied, if the displaced person elects to relocate to a dwelling that they select and the displaced person determines that they have reasonable ingress, egress, and the use of the dwelling; and
• Comply with lead-based paint requirements of 24 CFR Part 35.
N. Real Property Policies
The City and its CDBG, HOME and ESG subrecipients must follow specific guidelines regarding the acquisition and use of real property funded in whole or in part with CPD funds.
1. Use of Real Property
The following standards apply to real property within the recipient’s control and acquired or improved, in whole or in part, using CDBG, HOME and ESG funds.
These standards will apply from the date funds are first spent for the property until five years after the project is audited and closed.
A recipient may not change the use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient gives affected citizens reasonable notice of, and opportunity to comment on, any such proposed change, and either:
• The use of such property qualifies as meeting a national objective and is not a building for the general conduct of government; • The requirements in the paragraph below are met;
• If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of property to a use that does not qualify under the above paragraph, it may retain or dispose of the property. The Fontana CDBG, HOME, and ESG programs must be reimbursed in the amount of the current fair market value of the property less any portion attributable to expenditures of non- federal funds for the acquisition of and improvements to the property; DRAFT
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Citizen Participation Plan 2025 Page 26 • If the change of use occurs within five years of the project being audited and closed, income from the disposition of the real property will be returned to the Fontana CDBG, HOME, and ESG programs; and • Following the reimbursement of the federal program pursuant to the above paragraph of this section, the property is no longer subject to any federal requirements.
2. Real Property Acquisition
All real property acquisition activities described in this section and funded in whole or in part with CDBG, HOME, and ESG funds and all real property that must be acquired for an activity assisted with Federal funds, regardless of the actual funding source for the acquisition, are subject to the URA (as amended).
3. What is Real Property Acquisition?
Real property acquisition is any acquisition by purchase, lease, donation, or otherwise, including the acquisition of such interests as rights -of-way and permanent easements.
HUD Handbook 1378 and 49 CFR Part 24 currently contains such regulations.
These regulations detail a standard procedure for acquiring property and methods of determining a purchase price and outline other documents that must be provided to Fontana before disbursement of funds. These regulations further require the applicant to provide relocation payments and assistance to any business or residential occupant of the property whom the acquisition will displace.
4. Eligible Activities
Fontana or its sub-grantee may acquire real property for a project using CDBG, HOME, and ESG funds where the proposed use of the acquired property will be an activity that the City can demonstrate as beneficial to low- and moderate- income persons.
5. Environmental Review Process (24 CFR Part 58)
HUD requires that all real property acquisition projects be reviewed before the commitment of Federal funds to assess the impact of a project on the environment. Fontana will undertake this review process. The applicant should be aware, however, that this review process may delay the date by which CDBG, HOME, and ESG funds may be available and, in case of serious adverse environmental impacts, may effectively stop a project.
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Citizen Participation Plan 2025 Page 27 Appendix
Proof of Public Notices
&
Public Comment
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