D. To prepare and publish the proposed CP, AAP, and AFH in a manner that allows citizens a reasonable opportunity to examine its contents and submit comments and to consider those comments before submitting the final CP, AAP, and AFH to HUD.
E. To consider any comments received by citizens, in writing or orally at the public hearings, in preparing the final CP and AAP, and summarizing those comments in the submission to HUD.
F. To provide citizens with reasonable notice and an opportunity to comment on substantial amendments to the CP and AAP, and to consider those comments prior to the submission to HUD.
G. To provide citizens with reasonable notice and an opportunity to comment on the CAPER and to consider the comments prior to the submission of the report to HUD.
H. To provide technical assistance to those i ndividuals and groups who request assistance in developing proposals for funding assistance.
I. To provide timely, written responses to written complaints and grievances related to the entitlement programs, applications, activities and/or reports. Respons es will be provided within fifteen (15) working days where practical.
J. To provide reasonable opportunity for persons with disabilities and persons with limited English proficiency to present their views and comments on the CP and AAP and its performance.
K. To encourage the participation of local and regional institutions, the Continuum of Care, and other 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 include the management of flood prone areas, public land or water resources, emergency management agencies, public housing ag encies, the participation of residents of public and assisted housing developments) in the process of developing and implementing the CP, AAP, and AFH.
3. IMPLEMENTATION OF THE OBJECTIVES--CITY COUNCIL
A. The City Council of the City of Santa Clara sets po licies and priorities, and approves the activities undertaken with the City’s federal entitlement program funds.
B. 24 CFR §91.105(e) states that a local jurisdiction’s citizen participation plan must provide for at least two public hearings per year to be conducted at a minimum of two different stages of the program year, to obtain residents’ views and to respond to proposal s and questions. Together, the public hearings must address housing and community development needs, development of proposed activities, proposed strategies and actions for affirmatively furthering fair housing consistent with the AFH, and a review of prog ram performance.
C. Consistent with federal requirements, the City Council will:
Citizen Participation Plan
December 19, 2017
1) Conduct one public hearing during the development of the CP, AAP, or the AFH. The purpose of this public hearing will be to review activity proposals and to obtain the views of citizens and other organizations on those proposals. Notice of this hearing will be published in a newspaper of general circulation, and posted on the City’s website. Notice of the scheduled time and place of this public hearing will precede the hearing by not less than thirty (30) calendar days.
2) Conduct one public hearing prior to the annual submission of the CAPER to HUD. The purpose of this public hearing will be to provide citizens with reasonable notice and an opportunity to comment on performance re ports. Notice of this hearing will be published in one or more newspapers of general circulation and posted on the City’s website. Notice of the scheduled time and place of this public hearing and the availability of the draft must precede the hearing by not less than fifteen (15) calendar days.
3) The City will conduct public hearings at locations and at times that are convenient to the public. It will provide reasonable accommodations and modifications in policies, procedures and/or practices, as necessary, to provide access for all individuals with a disability or with limited English proficiency.
D. As required, City Council shall appoint members to and set the operating rules for the Neighborhood Conservation & Improvement Program (NCIP) Rehabilitation Loan Committee. The NCIP Loan Committee approves procedures, loans and terms for home improvement/rehabilitation loans for qualified low-income homeowners.
4. IMPLEMENTATION OF THE OBJECTIVES--CITY STAFF
A. The Housing and Community Services Division, under the supervision of the Community Development Department , has primary responsibility for the administration and coordination of the Citizen Participation Plan and the City’s federal entitlement activities.
The Director of Community Development is responsible for the daily administration of that responsibility.
B. The Director of Community Development will maintain all records of the administration of the City’s federal entitlement programs and the Citizen Pa rticipation Plan including: the Citizen Participation Plan, the Consolidated Plan, consolidated pl an substantial amendments, HUD-accepted AFH, revisions to the AFH and the CAPER. All promotional materials, records of hearings, citizen comments, activity ap plications, funding agreements, performance reports, evaluation reports, and other documents required by HUD shall be maintained for five (5) years after completion of the CAPER, or such longer period as required by city, state or federal statutes and/or r egulations. Copies of regulations and issuances governing the programs, contracting procedures, environmental standards, labor standards, fair housing and equal opportunity standards, relocation provisions, and all other documents shall be maintained and a vailable to the public at the Housing and Community Services Division office during normal working hours.
C. The Director of Community Development will provide to interested parties technical assistance such as:
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1) Information relating to the City’s policies and procedures affecting the entitlement programs.
2) Interpretation of HUD rules and regulations governing the entitlement programs. 3) Development of specific project activities requested by citizens, non-profit organizations, or other organizations.
4) Provision of relevant demographic or socio-economic data. 5) Information regarding alternative funding sources for proposed activities ineligible for the entitlement programs.
6) Information regarding the City’s plans to minimize displacement of persons and to assist any persons displaced, as set forth in subsection K.
D. The Director of Community Development shall receive and investigate all written complaints regarding the federal programs and the Citizen Participation Plan and prepare a written response, within fifteen (15) working days where practicable.
E. The Director of Community Development will schedule all required public hearings and arrange for publication of required notices.
F. As directed by City Council, the Director of Community Development will prepare the draft CP, AAP, and proposed AFH, respond to all written and public hearing citizen comments received, and submit the final CP, AAP, and AFH to HUD.
G. The Director of Community Development will publish a summary of the draft CP in a newspaper of general circulation and on the City’s website, and distribute copies of the draft CP to the Central Park Library at 2635 Homestead Road in Santa Clara, the City Clerk’s office, and other appropriate public places to ensure a wide dissemination of the information for public review. The City will also provide free copies of the draft CP , AAP, and proposed AFH upon request. The draft CP, AAP, and proposed AFH will be available for public review for at least 30 days prior to adoption. All comments received will be considered and summarized in the final document prior to its submission to HUD.
H. The Director of Community Development will prepare the draft Consolidated Annual Performance and Evaluation Report (CAPER), and publish its av ailability for a 15 day public review and comment period in a newspaper of general circulation and on the City’s website. The notice will include a list of locations at which the draft CAPER can be reviewed. All comments received will be considered and sum marized in the final report prior to its submission to HUD.
I. The Director of Community Development will arrange for reasonable modifications in policies, procedures and/or practices, as necessary, to provide access for all individuals with a disability or with limited English proficiency. All public hearing locations are fully accessible by wheelchair and public transportation. People with impaired speech or hearing may call (408) 615-2490 through 711, the nationwide Telecommunications Relay Service. Sign language interpretation, translation into languages other than English, and Citizen Participation Plan
December 19, 2017
interpretation for persons with visual impairments are available. Sign language or other interpretation services must be scheduled at least one week in advance of public hearings by calling (408) 615-2490.
J. The Director of Community Development shall provide staff assistance to and schedule all meetings of the Neighborhood Conservation & Improvement Program (NCIP) Rehabilitation Loan Committee. Meetings are open to the public and agendas are posted on the City’s website.
K. It is the City’s policy to avoid displacement and relocation. However, in the event that any residential displacement and relocation occurs in the course of carrying out an entitlement activity, The Director o f Community Development will ensure compliance with the requirements of 49 CFR Part 24, the Uniform Relocation Assistance and Real Property Acquisition Policies, as it may be amended , and all other applicable local, State and Federal laws.
L. The Director of Community Development will ensure that the Citizen Participation Plan is being followed and will amend the adopted Plan whenever a change in the public participation process is proposed. A Citizen Participation Plan Amendment will require a published 30-day public review notice and a public hearing on the amendment. The public review period will be noticed on the City’s website and published in a newspaper of general circulation.
M. The Director of Community Development will explore alternative public involvement techniques and quantitative ways to measure efforts that encourage citizen participation in a shared community vision and in the review of program performance through t he use of focus groups and the Internet.
5. IMPLEMENTATION OF THE OBJECTIVES--NCIP REHABILITATION LOAN COMMITTEE A. The NCIP Rehabilitation Loan Committee shall consist of four (4) members, three from the community appointed by City Council, and one member from the City Council.
B. The NCIP Rehabilitation Loan Committee will meet once each quarter to review and approve housing rehabilitation loan applications and determine the scope of work and terms of financial assistance for rehabilitation loan activities.
C. The NCIP Rehabilitation Loan Committee advises City on NCIP program policy.
6. IMPLEMENTATION OF THE OBJECTIVES--PUBLIC PARTICIPATION A. The general public may participate in the various stages of the program by attending the City Council public hearings and the NCIP Rehabilitation Loan Committee meetings. They may also express their views and comments directly to the Director of Community Development. Citizens can access program information kept in the Housing and Community Services Division and City Clerk offices.
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B. Any citizen may make an objection to a submitted application. Persons wishing to object to the approval of an application may make the objection known to the Director of Community Development and/or HUD at the following addresses:
Director of Community Development
Community Development Department
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
U.S. Department of Housing & Urban Development
Office of Community Planning and Development-9AD
One Sansome Street, Suite 1200
San Francisco, CA 94104
C. HUD will consider objections made only on the following grounds: The City’s description of needs and objectives is plainly inconsistent with available facts and data; the activities to be undertaken are plainly inappropriate to meeti ng the need and objectives identified by the applicant; the applicant does not comply with the requirements of applicable laws or regulations; the application proposes activities which are otherwise ineligible; the approved Citizen Participation Plan process was not followed. Objections should identify the requirements not met and/or the inconsistent facts or data. HUD will consider objections submitted at any time. However, objections to the Consolidated Plan application should be submitted within thirty ( 30) days of the published date of submittal of the CP to HUD.
7. CONSOLIDATED PLAN AMENDMENT PROCESS
A. The CP and AAP set forth the City’s plan for using federal entitlement funds. During the program year, changes to the CP and AAP fall into two categories: 1) Substantial amendments requiring citizen participation, City Council approval , and submission to HUD; and 2) minor amendments requiring City Council approval.
B. A substantial amendment (24 CFR §91.505) is required when proposed changes would:
1) Increase or decrease the funding allocated to an activity within the City’s entitlement grant programs by more than 25 percent provided that amount is more than $25,000. 2) Implement an activity not described in the approved CP and AAP. 3) Change allocation priorities or method of distribution of funds. 4) Change the purpose, scope, location or beneficiaries of an approved activity.
C. Minor CP and AAP amendments are any changes to the CP and AAP that do not meet the criteria for a substantial amendment noted above. The procedure for making a minor amendment are the same as that for a substantial amendment except that no public hearing or ne wspaper notice is required, only City Council approval is required, and submittal of a minor amendment to HUD is not necessary.
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D. To accomplish a substantial program amendment, the Director of Community Development will prepare documentation outlining the proposed changes. This document will contain justification for making the proposed changes, revised needs statement, short- term objectives, long-term objectives, activity description, and budget transfer information, as necessary.
E. The Director of Com munity Development will ensure that amendments to the plan are consistent with its certification to affirmatively further fair housing and the analysis and strategies of the AFH.
F. The public will be given a 30 -day period to comment on the proposed substa ntial amendment prior to the public hearing where it will be considered by the City Council. A notice of the 30 -day public comment period and public hearing will be published in a newspaper of general circulation and on the City’s website. All comments received will be given due consideration.
G. The Director of Community Development will submit a copy of each substantial CP and AAP amendment to HUD after approval by City Council. The document will include a summary of any comments received from the public.
8. ASSESSMENT OF FAIR HOUSING REVISION
A. An AFH previously accepted by HUD must be revised and submitted to HUD for review under the following circumstances:
1) A material change occurs. A material change is a change in circumstances in the City 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 lo nger 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 City’s program area that are of such a nature as t o significantly impact the steps the City may need to take to affirmatively further fair housing; significant demographic changes; new significant contributing factors in the City’s jurisdiction; and civil rights findings, determinations, settlements (incl uding Voluntary Compliance Agreements), or court orders; or
2) Upon HUD’s written notification specifying a material change that requires a revision.
B. A revision pursuant to the circumstances noted above will consist of preparing and submitting amended analyses, 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. The revision will only focus on the material change and appr opriate adjustments to the analyses, assessments, priorities, or goals and may not necessarily require the submission of an entirely new AFH.
C. When a revision is required under section A-1 above, a revision shall be submitted within 12 months of the onset of the material change, or at such later date as HUD may provide.
Where the material change is the result of a Presidentially declared disaster, such time shall be automatically extended to the date that is 2 years after the date upon which the Citizen Participation Plan
December 19, 2017
disaster declaration is made, and HUD may extend such deadline, upon request, for good cause shown.
D. When a revision is required under section A -2 above, HUD will specify a date by which the City must submit the revision of the AFH to HUD, taking into account the mate rial change, the City’s capacity, and the need for a valid AFH to guide planning activities. HUD may extend the due date upon written request by the City that describes the reasons it is unable to make the deadline. City may advise HUD in writing of its belief that a revision to the AFH is not required by stating with specificity the reasons for its belief that a revision is not required. HUD will respond on or before 30 calendar days following the date of the receipt of the City’s correspondence and will advise the in writing whether HUD agrees or disagrees. If HUD disagrees, the City must proceed with the revision. HUD may establish a new due date that is later than the date specified in its original notification.
E. Revisions to an AFH are subject to community participation. The City will follow the notice and comment process applicable to the consolidated plan substantial amendments.
City of Santa Clara, CA
Citizen Participation Plan
Federal funds provided by the
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
(This version supersedes prior versions of the Citizen Participation Plan) Add Date for Adoption
Add City Logo
City of Santa Clara Citizen Participation Plan
2 I. Introduction ........................................................................................................................................... 3 Purpose and Background .......................................................................................................................... 3 Citizen Participation Requirements .......................................................................................................... 3 II. Encouragement of Citizen Participation................................................................................................ 4 A.) Public Notice ..................................................................................................................................... 5 B.) Non-English Speakers ........................................................................................................................ 6 C.) Persons with Disabilities ................................................................................................................... 6 III. Citizen Comment Period........................................................................................................................ 7 IV. Plans and Reports .................................................................................................................................. 7 1) Consolidated Plan (ConPlan) ............................................................................................................. 7 2) Annual Action Plan (AAP) .................................................................................................................. 9 3) Amendments to the Consolidated Plan (ConPlan) and Annual Action Plan (AAP) ......................... 11 a.Substantial Amendments ............................................................................................................. 11 b.Minor Amendments ..................................................................................................................... 12 4) Consolidated Annual Performance and Evaluation Report (CAPER) .............................................. 12 5) Assessment of Fair Housing (AFH) .................................................................................................. 14 6) Citizen Participation Plan ................................................................................................................ 15 V. Access to Records ................................................................................................................................ 16 VI. Anti-Displacement and Relocation Policy ........................................................................................... 16 VII. Technical Assistance ............................................................................................................................ 16 VIII. Complaint Review Process .................................................................................................................. 17 IX. State of Emergency Amendment ........................................................................................................ 17 X. Acronyms ............................................................................................................................................. 18
City of Santa Clara Citizen Participation Plan
3 I. Introduction
Purpose and Background
The City of Santa Clara receives entitlement funding from two federal programs administered by the United States Department of Housing and Urban Development (HUD):
Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME). The purpose of these two programs is to benefit persons of low and moderate incomes by providing decent, affordable housing, public services, and community development. As an entitlement jurisdiction under both programs, the City is required to adopt a local Citizen Participation Plan to comply with provisions of 24 CFR Section 91.105.
As recipients of CDBG and HOME funds, the City of Santa Clara develops multiple plans and reports that are submitted to HUD to demonstrate compliance with federal requirements, which include:
• A Five-Year Consolidated Plan for Housing and Community Development (Con Plan) • Annual Action Plans (AAPs)
• Consolidated Annual Performance and Evaluation Reports (CAPERs) • Assessment of Fair Housing (AFH) 1
• Amendments to the Citizen Participation Plan (CPP)
• Amendments to the Con Plan or AAPs
Citizen Participation Requirements
To guide the consultation and public participation process for the development of these plans and reports, federal regulations require grantees to develop and adopt a CPP that sets forth the jurisdiction's policies and procedures for citizen participation. Pursuant to the requirements outlined under 24 CFR Part 91.105, the City of Santa Clara sets forth the following CPP as it relates to the administration of federal funds provided by HUD.
The CPP must provide for, and encourage citizens to participate in, the development of the Con Plan, including the Annual Action Plans (AAP) that are part of the five-year ConPlan for the expenditure of federal funds, development of the Assessment of Fair Housing (AFH), any revisions of the AFH, any substantial amendments to the CP, and the Consolidated Annual Performance and Evaluation Report (CAPER), and updates to this CPP. The City is expected to take whatever actions are appropriate to encourage the participation of its citizens in the development of plans and amendments, particularly those living in a slum or blighted areas and areas where federal funds are proposed to be used, and including minority and non-English speaking persons and persons with disabilities.
1 The Assessment of Fair Housing has previously been referred to as an “Analysis of Impediments,” “Fair Housing Plan,” and “Affirmatively Furthering Fair Housing Plan.”
City of Santa Clara Citizen Participation Plan
4 The federal Fair Housing Act (FHA) prohibits discrimination in the rental, sale, or financing of housing on the basis of race, color, national origin, religion, sex, family status, and/or disability. In 2015, the Obama administration reinvigorated and clarified fair housing obligations by requiring HUD grantees to conduct an Assessment of Fair Housing (AFH), which involves a planning process with community input. In response, the City worked with a regional collaborative and integrated AFH analysis into the City’s newly adopted Housing Element Plan. The AFFH chapter in this plan identifies fair housing issues pertaining to patterns of integration and segregation; racially and ethnically concentrated areas of poverty; disparities in access to opportunity; and disproportionate housing needs, as well as the contributing factors for those issues and goals to promote a wider range of housing choices.
Contact
All communication regarding the reports covered by this CPP—including comments, complaints, and requests for reasonable accommodation for persons with disabilities, translation services, or other elements—shall be directed to:
City of Santa Clara
Director of Community Development
Community Development Department
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Effective Date
After the City approves this amended CPP, it shall be effective until it is amended or otherwise replaced.
II. Encouragement of Citizen Participation
City Process
The City believes that the CPP process provides an important opportunity for its residents, especially low- and moderate-income residents, nonprofit groups, neighborhood organizations, and other service providers, to be actively involved in the preparation and implementation of the Con Plan. The city encourages the participation of local and regional institutions, the Continuum of Care, and other organizations such as businesses, developers, nonprofit organizations, philanthropic organizations, and community- or faith- based organizations in the process of developing and implementing the documents related to the Con Plan process.
The City will also encourage participation from broadband internet service providers, organizations engaged in narrowing the digital divide, agencies who manage flood-prone
City of Santa Clara Citizen Participation Plan
5 areas, public land, or water resources, and emergency management agencies in the development of the Con Plan.
The CPP actively encourages widespread citizen participation, with a special emphasis on good faith efforts to encourage participation from the following populations:
• Low- and moderate-income persons.
• Residents of slums, blighted areas, and predominately low- and moderate-income areas where 51 percent of the residents are at or below 80 percent of the area median income.
• Residents of areas designated as a revitalization area. • Non-English-speaking persons.
• Persons with disabilities.
• Public housing residents and other low-income residents of targeted revitalization areas.
The CPP ensures that all parties, including residents, nonprofit 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 (LEP), and persons with disabilities.
A.) Public Notice
Adequate notice of all public hearings will be provided to residents through posting on the City’s webpage, noticing in at least one newspaper of general circulation and direct notification to stakeholders. Adequate notice is defined as 15 calendar days. Public notices shall indicate the date, time, location, purpose of the public hearing, and information about the issues to be discussed.
The notice will detail locations where the entire draft plan(s) will be made available for review. Locations for public documents are included in Table 1 below.
City of Santa Clara Citizen Participation Plan
6 Table 1: Public Document Review Location
Location Facility
City of Santa Clara
Community Development Department Permit Center
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Central Park Library
2635 Homestead Road
Santa Clara, CA 95050
Northside Branch Library
695 Moreland Way
Santa Clara, CA 95054
The City will consider any comments or views of residents of the community received in writing, or orally at the public hearings.
B.) Non-English Speakers
Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from federal agencies require federal aid recipients to take reasonable steps to ensure meaningful access to programs, services, and activities by those who do not speak English proficiently. To determine the extent to which LEP services are required and in which languages, the law requires the analysis of four factors:
• The number or proportion of LEP persons eligible to be served or likely to be encountered by the City’s programs, services, or activities. • The frequency with which LEP individuals come in contact with these programs, services, or activities.
• The nature and importance of the program, service, or activity to people’s lives. • The resources available to the City and the costs of the LEP services.
Upon request, the City will make translation and interpretation services available.
https://www.santaclaraca.gov/our-city/departments-a-f/community-development/housing- community-services-division
C.) Persons with Disabilities
The Director of Community Development, on behalf of the City of Santa Clara, will ensure the Americans with Disabilities Act (ADA) requirements are met in providing accessible, usable services and facilities for all persons with disabilities attending public meetings. • People with impaired speech or hearing may call (408) 615-2490 through 711, the nationwide Telecommunications Relay Service. Sign language interpretation, translation into languages other
City of Santa Clara Citizen Participation Plan
7 than English, and interpretation for persons with visual impairments are available. • Sign language or other interpretation services must be scheduled at least one week in advance of public hearings by calling (408) 615-2490.
III. Citizen Comment Period
The comment periods for plans and reports are listed in the following table:
Table 2: Public Comment Period
Document Comment Period
Con Plan & AAP 30 calendar days
Substantial Amendments to the Con Plan & AAP 30 calendar days Assessment of Fair Housing (AFH/AI) 30 calendar days
Citizen Participation Plan (CPP) 30 calendar days
CAPER 15 calendar days
See Section X. State of Emergency Amendment for guidance in the event of a natural disaster or declared emergency.
IV. Plans and Reports
The following describes the City’s key planning and reporting documents for the CDBG and HOME programs.
1) Consolidated Plan (Con Plan)
The Con Plan guides the use of federal CDBG and HOME funds for a five-year period. It describes the estimated amount of funding, priorities, and range of activities and projects that will benefit low- and moderate-income people.
Plan Development
The City will follow the process and procedures described below in the development of its Con Plan.
a. Stakeholder Consultation and Citizen Outreach
In the development of the Con Plan, the City will consult with other public and private agencies including, but not limited to, the following:
• Public housing authorities including the Santa Clara City Housing Authority (SCCHA). • Assisted housing providers.
• Social service providers, including those focusing on services to minorities, families with children, the elderly, persons with disabilities, persons with HIV/AIDS and their
City of Santa Clara Citizen Participation Plan
8 families, homeless persons, and other protected classes. • Community-based and regional organizations that represent protected class members and organizations that enforce fair housing laws.
• Regional government agencies that are involved in metropolitan-wide planning and transportation responsibilities.
• Broadband internet service providers and organizations engaged in narrowing the digital divide.
• Agencies whose primary responsibilities include the management of flood-prone areas, public land, or water resources.
• Emergency management agencies.
When preparing the portion of the Con Plan concerning lead-based paint hazards, the City shall consult with local or state health and child welfare agencies and examine existing data related to lead-based paint hazards and poisonings, including health department data on the addresses of housing units in which children have been identified as lead-poisoned.
When preparing the description of priority non-housing community development needs, the City will notify adjacent units of local government, to the extent practicable. This shall involve, at a minimum, the City sending a letter to the chief elected official of each adjacent unit of government notifying them of the draft Con Plan and how to access a copy online for review and comment.
The City may use a variety of engagement methods to solicit input from residents and stakeholders in the community such as virtual or in-person interviews, surveys, focus groups, or workshops.
b. Public Hearings
A Public Hearing is a meeting that is publicly noticed (e.g., City Council meeting) at least 15 days in advance, and the notice has a summary of what will be discussed. The City will conduct at least two Public Hearings on the development of the Con Plan. The first Public Hearing will be conducted during the drafting phase of the Con Plan, during which time, the public will have the opportunity to provide input on housing and community development needs, development of proposed activities, and the range of activities that may be undertaken. The Public Hearing will also detail the amount of assistance the City expects to receive (including grant funds and program income), and the number of low-and moderate income residents that will benefit.
The second Public Hearing will be conducted during the 30-day public comment period of the final version of the Con Plan. Typically, the final day of the 30-day public comment period is the day of the second Public Hearing. The intent having public comment end the same day of the second Public Hearing is so that there is no public comment that could be submitted after City Council has approved the final version of the Con Plan.
City of Santa Clara Citizen Participation Plan
9 c. Public Display and Comment Period
As noted above, the draft Con Plan will be placed on display for a period of at least 30 days prior to the final hearing date to encourage public review and comment. The public notice shall include a brief summary and purpose of the Con Plan; the anticipated amounts of funding (including program income, if any); the dates of the public display and comment period; the locations where copies of the draft Con Plan can be examined; how comments will be accepted; when the document will be considered for action by the City, and proposed activities likely to result in displacement, if any; plans for minimizing the displacement of persons as a result of CDBG and HOME activities, if any; plans to assist persons actually displaced by the project, if any. Table 1 provides the locations where individuals can review copies of the draft Con Plan. In addition, the City will make available a reasonable number of free copies of the draft document to residents and groups that request them. d. Comments Received on the Draft Consolidated Plan
Written comments will be accepted by the Director of Community Development, or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing, or orally at the public hearings, in preparing the final Con Plan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be included in the final Con Plan. e. City Council Action
The final version of the Con Plan will be presented to City Council. This Public Hearing will be considered the second Public Hearing in the development of the Con Plan. Following this final Public Hearing on the Con Plan, the final version of the Con Plan will be submitted to HUD for acceptance no fewer than 45 days before the start of the City’s 5-year Con Plan cycle, generally around the middle of May.
2) Annual Action Plan (AAP)
The AAP is a component of the Con Plan. It describes the City’s proposed use of available federal funds and other resources to address the priority needs and specific objectives in the Con Plan for each program year during the 5-year Con Plan cycle. The program year begins July 1 and ends June 30.
Plan Development
The City will follow the process and procedures described below in the development of its AAP.
a. Public Hearings
A Public Hearing is a meeting that is publicly noticed (e.g., City Council meeting) at least 15 days in advance, and the notice has a summary of what will be discussed. The City will conduct at least two Public Hearings on the development of the Con Plan. The first Public
City of Santa Clara Citizen Participation Plan
10 Hearing will be conducted during the drafting phase of the Con Plan, during which time, the public will have the opportunity to provide input on housing and community development needs, development of proposed activities, and the range of activities that may be undertaken. The Public Hearing will also detail the amount of assistance the City expects to receive (including grant funds and program income), and the number of low-and moderate income residents that will benefit.
The second Public Hearing will be conducted during the 30-day public comment period of the final version of the Con Plan. Typically, the final day of the 30-day public comment period is the day of the second Public Hearing. The intent having public comment end the same day of the second Public Hearing is so that there is no public comment that could be submitted after City Council has approved the final version of the Con Plan. b. Public Display and Comment Period
The draft AAP will be placed on display for a period of at least 30 days to encourage public review and comment. The public notice shall include a brief summary and purpose of the AAP; the anticipated amounts of funding (including program income, if any); the dates of the public display and comment period; the locations where copies of the draft AAP can be examined; how comments will be accepted; when the document will be considered for action by the City, and proposed activities likely to result in displacement, if any; plans for minimizing the displacement of persons as a result of CDBG and HOME activities, if any; plans to assist persons actually displaced by the project, if any. Table 1 provides the locations where individuals can review copies of the draft AAP. In addition, the City will make available a reasonable number of free copies of the draft document to residents and groups that request them.
c. Comments Received on the Draft Annual Action Plan
Written comments will be accepted by the Director of Community Development, or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing, or orally at the public hearings, in preparing the final AAP. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be included in the final AAP. d. City Council Action
The final version of the AAP will be presented to City Council. This public hearing will be considered the second public hearing in the development of the AAP. Following this final public hearing on the AAP, the final version of the AAP will be submitted to HUD for acceptance no fewer than 45 days before the start of the City’s fiscal year.
City of Santa Clara Citizen Participation Plan
11 3) Amendments to the Consolidated Plan (CP) and Annual Action Plan (AAP) Amendments to the Con Plan and AAP are divided into two categories: Substantial Amendments and Minor Amendments.
a. Substantial Amendments
A Substantial Amendment to the Con Plan or an AAP may be required to allow for new activities, modification of existing activities, or funding changes.
The criteria for what constitutes a substantial change that requires an amendment to the Con Plan or AAP are as follows:
• Adding a new activity not previously described in the Con Plan or AAP. • Deleting an activity previously described in the Con Plan or AAP. • Changing the purpose, scope, location, or beneficiaries of an activity previously described in the Con Plan or AAP.
• Changing allocation priorities or changing the method of the distribution of funds.
1. Amendment Process – Capital Improvement Projects
A Capital Improvement Project is defined as physical improvements to a public facility, facility owned by a nonprofit and open to the general public, or an affordable housing project.
i. Funding changes from one category to a different category greater than $250,000.
A Substantial Amendment along with City Council approval via Public Hearing. ii. Funding changes within the same category that are greater than $250,000.
A Minor Amendment along with City Council approval via Consent. iii. Funding changes within the same category that are less than $250,000.
A Minor Amendment required; no City Council review required. iv. Funding changes from one category to a different category less than $250,000.
A Minor Amendment required; no City Council review required.
2. Amendment Process – Public Service Activities
A Public Service Activity is defined as a service that is provided to the public. i. Funding a new activity NOT previously approved in any plan.
A Substantial Amendment along with City Council approval via Public Hearing. ii. Funding changes between previously approved Public Service Activities by the greater of $20,000 or 50% change in the amount(s) originally allocated.
City of Santa Clara Citizen Participation Plan
12 A Minor Amendment along with City Council approval via Consent. iii. Funding changes between previously approved activities less than $20,000 or 50% change in the amount originally allocated.
A Minor Amendment required; no City Council review required.
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. 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 30 days 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 other languages, as feasible. The City will consider all written or oral comments or views received during the public comment period 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.
b. Minor Amendments
Minor amendments (also known as “administrative transfers”) represent any action or changes that do not surpass the Substantial Amendment thresholds. These require the signature of the City’s Community Development Department or designated representative but do not require public notice or City Council approval. 4) Consolidated Annual Performance and Evaluation Report (CAPER) The City is required by HUD regulations to report annually on its performance in implementing the activities of the Con Plan and Annual Action Plan. This takes place via the CAPER. The CAPER must be submitted to HUD no later than 90 days from the end of a program year.
To allow the public to comment on the CAPER, the City will publish a notice in one or more newspapers of general circulation stating that its draft CAPER is available for review. The notice will be available in English and may also be available in other languages, as feasible.
The notice will detail locations where the entire draft CAPER will be made available for review.
Report Development
The City shall adhere to the following procedure in the drafting and adoption of its CAPER. a. Report Considerations
The City will evaluate and report the accomplishments and expenditures of the previous program year for CDBG and HOME and draft the CAPER in accordance with
City of Santa Clara Citizen Participation Plan
13 HUD requirements.
b. Public Display and Comment Period
The draft CAPER will be published/noticed no less than 15 days prior to the start of the Public Comment Period. The Public Comment Period will be not less than 15 days prior to the Public Hearing where City staff will present the CAPER. The public notice shall include a brief summary and purpose of the CAPER, a summary of program expenditures, a summary of program performance, the dates of the public display and comment period, the locations where copies of the draft CAPER can be examined, how comments will be accepted, and the anticipated submission date to HUD. Copies of the draft CAPER will be made available for review at the locations noted in Table 1. Accommodation for persons with disabilities and non-English Spanish speakers in accordance with this CPP will be given upon request.
c. Comments Received on the Draft CAPER
Written comments will be accepted by the Director of Community Development, or a designee, during the 15-day public display and comment period. The City will consider any comments or views of City residents received in writing in preparing the final CAPER. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be included in the final CAPER.
d. City Council
The CAPER will be presented to City Council. Following this public hearing on the CAPER, the report will be submitted to HUD for acceptance on or prior to September 28th.
Plan Access
See Table 1 for locations of copies of the draft CAPER for review.
City of Santa Clara Citizen Participation Plan
14 5) Assessment of Fair Housing (AFH)
In coordination with the Con Plan process and the City’s Housing Element Plan, the City prepares reports on annual progress toward identified fair housing goals and actions in the CAPER.
Regulatory Requirements
In February 2023, HUD published a Notice of Proposed Rulemaking called “Affirmatively Furthering Fair Housing” in the Federal Register that outlines proposed fair housing planning requirements for communities to comply with Title VIII of the Civil Rights Act of 1968 (commonly known as the Fair Housing Act) to affirmatively further fair housing.
During the proposed rulemaking period, the Affirmatively Furthering Fair Housing Interim Final Rule remains in effect. In 2018, the State of California adopted AB 686 which required jurisdictions to proactively promote inclusive communities, further housing choice, and address racial and ethnic disparities through programs in the Housing Element plan. The City of Santa Clara has incorporated AFH analysis, goals, and actions into its local Housing Element plan which is a chapter in the General Plan.
City Process
The City continues to commit to and certify compliance with federal affirmatively furthering fair housing requirements by implementing AFFH policies through its Housing Element plan. Like and AFH, the Housing Element includes analysis of the local fair housing landscape that describes the public and private policies and practices that may limit fair housing choice and access to opportunities in the jurisdiction. The Housing Element identifies fair housing issues and outlines City goals and describes the actions the City can take to address the identified fair housing issues. The City reports progress on the Housing Element and CAPER annually.
Plan Development
The AFH analysis will typically contain the following sections:
• A summary of the citizen and stakeholder engagement conducted by the City to gather input from the community on the fair housing issues impacting the City. • An analysis of the demographic composition of persons residing in the City. • An assessment of the fair housing issues that restrict fair housing choice or access to opportunities.
• An assessment of the contributing factors that create, contribute to, perpetuate, or exacerbate one or more of the identified fair housing issues. • An identification of the City’s fair housing goals and actions to address the identified fair housing issues.
In the development of the AFH analysis, the City may use a variety of engagement methods to solicit input from residents and stakeholders in the community such as virtual or in-person interviews, surveys, focus groups, or workshops. Engagement with
City of Santa Clara Citizen Participation Plan
15 stakeholders includes but is not limited to the following types of organizations serving the community:
• Public housing authorities serving the City.
• Providers of assisted housing.
• Social service providers, including those focusing on services to minorities, families with children, the elderly, persons with disabilities, persons with HIV/AIDS and their families, homeless persons, and other protected classes. • Community-based and regional organizations that represent members of protected classes as well as organizations that enforce fair housing laws. • Public agencies involved in local planning, zoning, and transportation responsibilities.
Revisions to the AFH
In the event that the AFH and/or Housing Element that has been reviewed by HUD and must be revised, the City will update and resubmit the plan to HUD for review when one or more of the following occurs:
• Circumstances such as a natural disaster, significant demographic change, new contributing factors impacting fair housing choice, and/or civil rights findings prompt the Consortium to update the analysis, contributing factors, goals, and/or actions included in the fair housing plan.
• The City receives a written notification from HUD specifying a material change in the AFH.
a. Public Hearing
The City will hold at least one public hearing to obtain the views of residents on AFH- related data and affirmatively furthering fair housing in the City’s housing and community development programs. The City will hold this public hearing before the draft AFH analysis is published for comment.
b. Draft AFH
Before the City submits the AFH to HUD for review, the City will make a draft version of the AFH available to citizens, public agencies, and other interested parties for review and will establish the means to submit comments or questions on the plan. The City will publish the draft version of the AFH for a period of at least 30 days to provide residents with sufficient opportunity to review and comment on the document. A summary describing the contents and purpose of the fair housing plan will be published in one or more newspapers of general circulation.
6) Citizen Participation Plan
The CPP (this subject document) is required by HUD regulations and outlines the means and methods that the City uses to encourage public input into the planning and review process for the City’s CDBG and HOME programs.
City of Santa Clara Citizen Participation Plan
16 Pursuant to 24 CFR Part 91.105, the City has developed and adopted the CPP and is committed to its implementation. The procedures outlined herein are designed to encourage all residents to participate in process and program development.
When changes to the CPP are necessary, the City will publish a 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 30-day public comment period prior to the adoption of the amended CPP.
Upon request, the CPP can be made available in a format accessible to persons with disabilities.
V. Access to Records
Records relevant to the Con Plan process and program administration are available for the preceding six years. Citizens, public and private agencies, and other interested parties will be given reasonable and timely access to information and records related to the Con Plan and program activities.
VI. Anti-Displacement and Relocation Policy
Applicants are encouraged to propose projects that avoid or minimize displacement.
Projects that include federal funding (CDBG) intended for the acquisition, demolition, or rehabilitation of a building that has residential or commercial tenants in place must follow the federal relocation requirements of the Uniform Relocation Act, as described in 49 CFR Part 24, and the Real Property Acquisitions Regulations for Federal and Federally Assisted Programs, as well as the Barney Frank Amendment, Section 104(d), if applicable.
The City’s Con Plan activities are designed to eliminate or minimize the displacement of residents. Program guidelines and limitations are structured so that permanent displacement is unlikely. Should displacement occur, displaced persons may be offered one or more of the following depending on the project’s funding source:
• A rent subsidy for another unit.
• A cash payment to be used for rent or a down payment on the purchase of a dwelling unit.
• Moving and related expenses.
VII. Technical Assistance
Technical assistance will be made available by the City to groups representing low- and moderate-income persons who request assistance in commenting on the fair housing plan or in understanding the requirements for developing proposals and preparing applications under the Con Plan and the AAP.
City of Santa Clara Citizen Participation Plan
17 VIII. Complaint Review Process
The City will provide a written response to every complaint submitted in writing within 15 working days, if feasible. A complaint pertaining to the CDBG or HOME programs, CP, AAP, any plan amendments, and/or the performance report may be submitted for response to the department staff. Staff will review the complaint and respond within 15 working days of receipt. A written appeal of a response may be requested of the director who will review the appeal and provide a written response within 15 days. The contact information is shown below.
City of Santa Clara
Director of Community Development
Community Development Department
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Citizens may, at any time during the complaint resolution process, contact HUD at the San Francisco Field Office using the following address:
U.S. Department of Housing & Urban Development
Office of Community Planning and Development-9AD
One Sansome Street, Suite 1200
San Francisco, CA 94104
IX. State of Emergency Amendment
During declared states of emergency, national pandemics, disaster events, and public health issues such as the coronavirus, it may be necessary to expedite substantial amendments to the CPP.
These expedited substantial amendments may include funding new activities and/or reprogramming funds to meet community needs resulting from the state of emergency or disaster event. As a result, the City may utilize CDBG and HOME or other HUD resources to meet these needs with a five-day public comment period instead of a 30-day public comment period, which is otherwise required for substantial amendments. It is anticipated that HUD would provide guidance in the event of a declared state of emergency.
Additionally, during a state of emergency or disaster event, in-person public hearings will not be required and virtual hearings will be acceptable. Please be advised that if virtual hearings are used, real-time responses and accommodations for persons with disabilities and/or LEP persons will be made available to the greatest extent possible. During states of emergency or disaster events, advertisements and public notices may be made available solely on the City website.
City of Santa Clara Citizen Participation Plan
18 Virtual Public Hearings
Virtual public hearings are allowed under the following circumstances:
• National/local health authorities recommend social distancing and limiting public gatherings for public health reasons.
• Virtual hearings provide reasonable notification and access for citizens in accordance with the grantee’s certifications, timely responses from local officials to all citizen questions and issues, and public access to all questions and responses.
X. Acronyms
Acronym Definition
AAP Annual Action Plan
ADA Americans with Disabilities Act
CAPER Consolidated Annual Performance and Evaluation Report CDBG Community Development Block Grant
Con Plan Consolidated Plan for Housing and Community Development CPP Citizen Participation Plan
HOME HOME Investment Partnerships Program
HUD U.S. Department of Housing and Urban Development
LEP Limited English Proficiency