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Attachment 4 Resolution Revised Citizen Participation Plan

Thousand Oaks City Council
April 29, 2025

Document
Attachment 4 Resolution Revised Citizen Participation Plan
Meeting
April 29, 2025
Body
Thousand Oaks City Council
Pages
16
Original file
129 KB
Text extracted from the city's file for reading and search. Open the original on toaks.primegov.com. That file is the official record.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS ADOPTING A REVISED

CITIZEN PARTICIPATION PLAN FOR LOCAL
IMPLEMENTATION OF THE U.S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT (HUD)

CONSOLIDATED PLAN PROCESS AND
RESCINDING RESOLUTION NO. 2020-013
WHEREAS, the City of Thousand Oaks (City), a Community Development Block Grant (CDBG) entitlement community, is required by law to have a Citizen Participation Plan (PLAN) containing policies and procedures for public involvement in the U.S. Department of Housing and Urban Development (HUD) Consolidated Plan process for use of CDBG and/or other HUD funds; and WHEREAS, the City released the PLAN for public comments for a 30-day period from March 21, 2025, through April 20, 2025. The draft was made available on the City’s website, at City Hall in the Community Development Department, and upon request. A display ad for the public comment period and public hearing was duly published in the Thousand Oaks Acorn on March 14, 2025, in addition to the Legal Notices duly published in the Ventura County Star on March 14, 2025, and April 15, 2025, respectively; and
WHEREAS, at the April 29, 2025, City Council public hearing, oral and written evidence, including a staff report and associated documents, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter and City Council also found the actions of the PLAN is a project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3), “Common Sense Exemption”; and
WHEREAS, the City and County of Ventura entered into a Cooperation Agreement in June 2019 to form Ventura County HOME Consortium, where County of Ventura administers the HOME Investment Partnerships Program (HOME) and submits Regional Consolidated Plan (Five-year Strategic Plan) and Annual Action Plan to HUD; and
WHEREAS, preparing the 2025-2029 Regional Consolidated Plan for expenditure of CDBG funds between July 1, 2025, and June 30, 2029, provides an opportunity for revising and/or updating the City’s existing PLAN.

ATTACHMENT #4
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NOW, THEREFORE, the Thousand Oaks City Council rescinds Resolution No. 2020-013 and, in accordance with 24 CFR 91.105 (a) (1), adopts the following revised procedures for public participation during City’s Consolidated Plan process and will become effective immediately upon adoption.

1. Applicability and Purpose of the Citizen Participation Plan (PLAN) a. City is required by HUD regulations (24 CFR § 91.105) to adopt a Citizen Participation Plan (PLAN) that sets forth the jurisdiction’s policies and procedures for citizen participation in the Consolidated Plan process.
b. The PLAN’s purpose is to provide for and encourage citizens to participate in the development of the Consolidated Plan, any substantial amendments to the Consolidated Plan, and the required annual performance report, also known as the Consolidated Annual Performance and Evaluation Report (CAPER).

2. Participation of Low- and Moderate-Income Persons
a. The requirements of the PLAN herein are especially designed to encourage participation in the Consolidated Plan process by Low- and Moderate-Income persons, particularly those living in slum and blighted areas and/or in areas where CDBG funds are proposed to be used; as well as by residents of predominantly Low- and Moderate-Income neighborhoods as defined by CDBG-eligible census tract block groups where at least 51 percent of the households are low and moderate-income households.
b. For definitional purposes, the term “Low-Income Person” means a member of a household whose gross income is equal to, or less than, the published Section 8 “Very Low-Income” limit established by HUD.

Unrelated persons living together shall each be considered as a one- person household for determining gross collective household income.
c. For definitional purposes, the term “Moderate-Income Person” shall mean a member of a household whose gross income is equal to, or less than, the published Section 8 “Low-Income Limit”, and greater than the Section 8 “Very Low-Income” limit established by HUD.

Unrelated persons living together shall each be considered as a one- person household for determining gross collective household income.

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3. Participation of Other Interested Persons and Organizations a. City will take appropriate actions to encourage participation in Consolidated Plan development by all residents, including minorities, non-English speaking persons, and persons with disabilities. City will also encourage participation by local and regional institutions and other organizations in the process of developing and implementing the Consolidated Plan. Collaborators will include businesses, developers, non-profit organizations, philanthropic organizations, community and faith-based organizations, and homeless services providers participating in the regional Continuum of Care process.

City will 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, as well as the review of program performance through the use of focus groups and use of the Internet. b. City will encourage participation in the development and implementation of the Consolidated Plan by public housing agencies, public and assisted housing resident advisory boards, councils and management corporations, the residents of public and assisted housing developments, and by other Low-Income residents of targeted revitalization areas.
c. City will provide Consolidated Plan information to the local public housing agency on proposed and existing HUD-funded investments in the neighborhood and in surrounding communities. CITY will provide said information for dissemination to public housing residents via notices at local public housing facilities and/or at the annual public hearing required for the Public Housing Authority (PHA) Plan.

4. Public Comment on the PLAN, Consolidated Plan, Substantial Amendments, and CAPER
a. City will provide citizens and all interested persons and groups with a reasonable opportunity to comment on the Citizen Participation Plan (PLAN), original Consolidated Plan, and proposed Substantial Amendments to the Consolidated Plan, and CAPER (collectively the “PLAN document(s)”). City will post a copy of the PLAN document(s) to the City’s website and make paper copies available to the public at all times. On request, the City will make the PLAN document(s) available in an alternative format accessible to persons with disabilities (e.g., providing oral, Braille, electronic, or large print CDD:480-10\H:\COMMON\Housing & Redevelopment\2025 CDBG\2025 CP PLAN\ Resolution.docx

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copies for the visually impaired.) as well as take affirmative steps to communicate with people who need services or information in a language other than English.
b. City will provide a period of not less than 30 days to receive comments from citizens on the proposed Consolidated Plan and proposed Substantial Amendments to the Consolidated Plan and not less than 15 days on the proposed CAPER and proposed changes to the PLAN.
c. During the Consolidated Plan-related document(s) preparation, City will consider any comments or views of citizens received in writing, or orally at the public hearing(s). City offers remote participation via video/teleconference. The public hearing(s) will not be canceled if technical issues occur with the video/teleconference since these meetings are also available in person. A summary of these comments or views, and a summary of any comments or views not accepted, and the reasons, therefore, will be attached to the final Consolidated Plan.
d. City will provide for at least three (3) public hearings during different stages of the Consolidated Plan process, as described in Section 8 below.

5. Development of the Consolidated Plan
City will develop its Consolidated Plan in accordance with the following minimum requirements.
a. Consolidated Plan Information
Prior to adopting a Consolidated Plan, City will make available to citizens, public agencies, and other interested parties, information including the amount of assistance City expects to receive (including grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit Low- and Moderate-Income persons.

City will post the proposed Consolidated Plan and related documents, including the Analysis of Impediments to Fair Housing Choice [or Assessment of Fair Housing (AFH)], as applicable, revised following 24 CFR 5.164, as well as the annual Action Plans, on the Community Development Block Grant page
(https://toaks.gov/CDBG) or on the Fair Housing page
(https://toaks.gov/FairHousing) of City’s website.

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As soon as feasible after the start of a public participation process for the development of a Consolidated Plan, City will make the HUD- provided data and any other supplemental information that City plans to incorporate into the Consolidated Plan 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.

The final document(s) will be posted on City’s website as soon as possible after adoption (https://toaks.gov/). HUD references can be found on HUD’s website ( https://www.hud.gov/) or the HUD Exchange website (https://www.hudexchange.info/).

City will also publish a summary of the Consolidated Plan document(s) in the local newspaper of record, the Ventura County Star, as well as in the Thousand Oaks Acorn free newspaper. The published summary will describe the contents and purpose of the Consolidated Plan document(s) and include a list of the locations where copies of the entire proposed Consolidated Plan may be examined.

City will make paper copies of the Consolidated Plan document(s) available for review at City Hall and, on request, at other public buildings. City will also email a digital copy of the Consolidated Plan document(s) to anyone otherwise unable to access the document(s).

In addition, City will provide a reasonable number of free paper copies to citizens and groups upon request. Requests may be directed to the Community Development Department, 805-449-2500. b. Displacement and Relocation Policies
In accordance with the Uniform Relocation and Real Property Acquisition Policies Act (URA) of 1970, as amended, CITY will take measures to minimize the displacement of persons, and to assist any persons displaced, by any HUD-funded activity. As summarized in Exhibit A to this PLAN, the City will specify the types and levels of assistance to be made to persons displaced, even if City expects no displacement to occur.
c. Limited English Proficiency Policies
In accordance with the Final Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007, in the Federal Register, CITY will take CDD:480-10\H:\COMMON\Housing & Redevelopment\2025 CDBG\2025 CP PLAN\ Resolution.docx

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measures to improve access to services for persons with limited English proficiency (LEP).

6. Amendments to the Consolidated Plan
a. Criteria for Amending the Consolidated Plan
City will use the following criteria and procedures to amend the Consolidated Plan. City will amend the Consolidated Plan when one of the following occurs:
(1) A previously approved Activity is canceled.
(2) An Activity, not previously approved, is added.
(3) A proposed change would affect the Activity’s purpose, scope, location, or beneficiaries.
(4) For Section 108 loans, a proposed change would affect the Activity’s purpose, scope, location, beneficiaries, or funding. b. Minor Amendments
Minor Amendments to an approved Action Plan do not require 30 days of public notice or City Council approval. The following occurrences constitute a Minor Amendment:
(1) A minor change to the purpose, scope, location or
beneficiaries of a current Activity
(2) A funding change in a current Activity representing:
(a) Less than 10 percent of program year CDBG funding;
or
(b) Less than 50 percent of total HOME funding.

Minor Action Plan amendments may be approved administratively by the City Manager. Each such amendment will be incorporated into the Consolidated Plan through the next Action Plan and/or CAPER.

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c. Substantial Amendments
A Substantial Amendment to an approved Action Plan requires City Council approval. The following occurrences will require a Substantial Amendment:
(1) A new Activity is being funded for the first time.
(2) A significant change to the purpose, scope, location or beneficiaries of a current Activity
(3) A funding change in a current Activity representing:
(a) More than 10 percent of program year CDBG funding;
or
(b) More than 50 percent of the Activity’s total HOME
funding
(4) A change in the use of CDBG funds from one eligible Activity to another.

Each Substantial Amendment shall be noticed by the CITY in a local newspaper of general circulation a minimum of 30 days prior to action by the City Council. Depending upon the amendment and/or the project area, the notice may appear in both an English-language and a Spanish- language newspaper that targets the area of interest.

A summary of public comments or views, and a summary of any comments or views not accepted, and the reasons, therefore, will be included in the description of the Amendment forwarded to HUD and published in either the Action Plan or CAPER.

7. Annual Performance Reports (CAPER)
a. City will provide citizens with reasonable notice and an opportunity to comment on the CAPER. Specifically, City will provide at least 15 days’ notice to the public of a proposed CAPER.
b. In preparing the CAPER, City will consider the comments or views of citizens received in writing, or orally at public hearings. A summary of these comments and views shall be attached to the final CAPER.

City will submit the final CAPER document to HUD.

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8. Public Hearings
a. As listed below, during each program year, City will hold a minimum of three (3) Consolidated Plan-related public hearings, scheduled at different stages of the program year. Public hearings will address City’s housing and community development needs, development of proposed activities, proposed strategies and actions for affirmatively furthering fair housing consistent with the AFH, and review of program performance.
(1) Annual Needs Assessment Public Hearing
Each year (generally between September and January) and prior to the preparation of an annual Action Plan and/or Consolidated Plan, City will hold a Needs Assessment public hearing to provide the public with an opportunity to comment on how CDBG funds, and or other public resources, could be used to address the needs of predominantly Low- and
Moderate-Income households.
(2) Annual Action Plan (or Regional Consolidated Plan) Public Hearing
Each year (generally in April) the City will hold a public hearing, prior to City Council consideration of a proposed Action Plan and/or Regional Consolidated Plan, to receive public comment on how the proposed CDBG or other publicly funded activities will address the needs of City’s
predominantly Lower-Income households. A proposed
Regional Consolidated Plan public hearing will be scheduled prior to City Council consideration of a Regional Consolidated Plan that currently occurs every five (5) years.
(3) Annual CAPER Public Hearing
Each September, City will hold a public hearing, prior to City Council consideration of a proposed CAPER, to receive public comment on how the CDBG, or other publicly funded activities implemented during the program year, addressed the needs of City’s predominantly Lower-Income households.
b. Notices
(1) The public shall be notified at least 14 days in advance of the date of a HUD-related public hearing.

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(2) Public hearing notices shall include sufficient information and relevant data to permit informed comment including, but not limited to, the date, time and location of the public hearing and a full description of the Activity that is the subject of the hearing.
(3) Where applicable, public hearing notices shall also contain adequate notice of the start of the public review and comment period for any HUD-related public documents, per Section 8(c) below.
(4) A legal notice shall be published in the local newspaper of record, currently the Ventura County Star newspaper, and a display-type ad in the non-legal section of a local newspaper, such as the Thousand Oaks Acorn free newspaper.
(5) Public hearings shall be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for persons with disabilities. All CDBG-
related public hearings will be scheduled at 6 pm, or shortly thereafter, to accommodate persons who work full-time.

Hearing locations shall be held at locations convenient to potential and actual beneficiaries, including Thousand Oaks City Hall, Thousand Oaks Main Library, or Newbury Park
Library.
(6) If a significant number of LEP residents are reasonably expected to participate in a HUD-related public hearing, City will provide an interpreter to assist in translating public hearing testimony and will take affirmative steps to communicate with people who need services or information in a language other than English.
(7) Public Hearing inquiries related to agenda items may be directed to Community Development Department, 805-449-
2500. In compliance with HUD Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), a person needing special assistance to participate can contact the City Clerk Department, 805-449-2151 at least 48 hours in advance to make the request.

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c. Public Review of Documents
All CDBG-related public documents shall be made available for public review and comment prior to City Council consideration at a duly noticed public hearing. City shall provide a 30-day review period for a HUD-related public document including, but not limited to, a proposed Regional Consolidated Plan, Action Plan, and/or Substantial Amendment, and/or 15-day review period for a CAPER. Documents will be posted to the Community
Development Block Grant page of City’s website
(https://toaks.gov/) and paper copies will be made available for review at City Hall and, on request, at the Thousand Oaks and/or Newbury Park library buildings. City shall make alternate arrangements should any of these sites become inaccessible to the public. Upon request, City will take affirmative steps to communicate with people who need services or information in a language other than English. Upon request, City will make the subject document available in a format accessible to persons with disabilities in accordance with HUD Section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA).

9. Access to Records
City will provide citizens, public agencies, and other interested parties, with reasonable and timely access to information and records related to the Consolidated Plan and the use of CDBG and/or HOME funds during the previous five (5) years, as described in Section 5(a) above.

10. Technical Assistance
On request, City will provide technical assistance to groups representative of Low- and Moderate-Income persons that request such assistance to develop a proposal for HUD funding through City’s CDBG and/or HOME programs. The nature of the assistance to be provided shall be determined by the City Council and need not include the provision of funds to the groups.

11. Complaints
City will provide timely and substantive responses to every written citizen complaint, including an initial response within 15 working days, where practicable, and a follow-up response, if required, within 30 working days.

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12. Use of the Citizen Participation Plan
By its adoption of this Resolution, City agrees to follow its Citizen Participation Plan during the implementation of all HUD-related and HUD- funded activities.

13. Responsibility for Citizen Participation Plan (PLAN) The requirements for citizen participation under this Plan shall not restrict City’s responsibility or authority for the development and implementation of the Consolidated Plan and/or any HUD-required or HUD-funded activities.

14. Changing the Citizen Participation Plan (PLAN)
This PLAN can be revised only after the public has been notified of intent to modify it and only after the public has had a reasonable opportunity to review and comment on proposed changes, as described in Section 4(b) above.

15. Citizen Participation Process under Declaration of Disaster or Emergency In case of declared disaster or emergency events, City will adopt and/or follow a modified method for citizen participation as directed by the Federal government. These modifications may include a shortened public review period and the option for virtual hearings and real-time responses.

Accommodations for persons with disabilities and/or with limited English proficiency will be made available to the greatest extent possible. City’s current citizen participation process in case of disaster or emergency is set forth in Exhibit B to this Resolution.

PASSED AND ADOPTED this 29th day of April, 2025, by the following vote:

Ayes:

Noes:

Absent:
___________________________________________
David Newman, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
______________________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
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APPROVED AS TO FORM:
________________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_______________________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

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Exhibit A
Residential Anti-Displacement and Relocation Plan
In accordance with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the “Act”), as amended, and the implementing regulations of the U.S. Department of Housing and Urban Development (HUD) at 49 CFR 24, and as required under Section 104(d) of the Housing and Community Development Act of 1974, as amended, the City of Thousand Oaks certifies that the following provisions are in effect and will be undertaken by the City prior to, and in connection with, any activity, assisted with CDBG or HOME funds, that will result in the displacement and/or relocation of lower-income City residents.

1. City will replace all occupied and vacant habitable lower-income (“low/moderate-income”) housing units demolished or converted to a use other than as lower-income housing, in connection with a project assisted with CDBG or HOME funds.

2. All replacement housing will be provided within three (3) years after the commencement of the demolition or conversion. Before entering into a contract committing City to provide funds for a project that will directly result in demolition or conversion, the City will make public by publication in a newspaper of general circulation and submit to HUD the following information in writing.
(a) A description of the proposed assisted project.
(b) The address, number of bedrooms, and location on a map of lower- income housing that will be demolished or converted to a use other than as lower-income housing, as a result of an assisted project. (c) A time schedule for the commencement and completion of the demolition or conversion.
(d) To the extent known, the address, number of bedrooms and location on a map of the replacement housing that has been, or will be, provided.
(e) The source of funding and a time schedule for the provision of the replacement housing.
(f) The basis for concluding that the replacement housing will remain lower-income housing for at least 10 years from the date of initial occupancy.

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3. To the extent that the specific location of the replacement housing and other data in items (a) through (f) above are not available at the time of the general submission described in paragraph 2 above, CITY will identify the general location of such housing on a map and complete the disclosure and submission requirements as soon as the specific data are available.

4. The City’s Community Development Department (805-449-2500) will be responsible for doing the following:
(a) Provide relocation assistance to lower-income (“low/moderate income”) families and individuals displaced as a result of the conversion or demolition of any lower-income (“low/moderate income”) dwelling unit assisted with CDBG or HOME funds. (b) Maintain records to track the replacement of lower-income housing ensuring that it is provided within the required period. (c) Make or provide for relocation payments and other relocation assistance to any lower-income person displaced by the demolition of any housing or the conversion of lower-income housing to another use.

5. Consistent with the goals and objectives of activities assisted under the Act, the City will, where possible and applicable, take the following steps to minimize the direct and/or indirect displacement of persons from their homes:
(a) Coordinate code compliance activities with its residential rehabilitation and housing assistance programs, if such programs exist.
(b) Adopt policies to identify and mitigate the displacement of lower- income persons resulting from the construction of new, multi-family housing.
(c) Adopt policies that provide reasonable protections for lower-income tenants faced with conversion of their rental unit or mobile home unit to a condominium or cooperative unit, or to a non-residential use. (d) Evaluate housing codes and rehabilitation standards for lower- income housing to prevent undue financial burden on established owners and tenants.
(e) Encourage the rehabilitation of lower-income rental units to allow tenants to remain in the building/complex during and after the rehabilitation, working with unoccupied units first.

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(f) Encourage facilities to house persons who must be relocated temporarily during rehabilitation.
(g) Identify counseling centers to provide homeowners and tenants with information on assistance available to help them remain in their neighborhood in the face of revitalization pressures.

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Exhibit B
Citizen Participation Process under Declaration of Disaster or Emergency In the event of a declared disaster or emergency, it may be necessary for the City of Thousand Oaks to expedite substantial amendments to the Consolidated Plan.

This Citizen Participation Plan incorporates three types of disasters/emergency events that may necessitate an expedited substantial amendment including (1) Man-Made-disasters, (2) Natural disasters, and (3) Terrorism. Man-made disasters can include chemical spills, mass rioting, power outages, dam failure, plant explosions, etc. Natural disasters can include earthquakes, tsunamis, hurricanes, tornadoes, wildfires, flooding, and public health issues such as widespread disease. Terrorism events include bomb threats, biochemical attacks like the spread of anthrax, or cyber-attacks like hacking, phishing, and virus distribution, etc.

These expedited substantial amendments may include funding new activities and/or the reallocating of funds in order to meet needs resulting from a declared disaster or emergency. Therefore, City shall adopt any and all process modifications allowed for by the specific orders related to any declaration in order to utilize HUD funds as quickly as possible to meet these needs.

With respect to a declared disaster, City may elect to use HUD funds to address needs not provided for by the Federal Emergency Management Agency (FEMA) and the Small Business Administration (SBA), or other disaster relief efforts.

Funding for disaster relief may not duplicate other efforts undertaken by federal or local sources unless allowed by the federal government. Potential eligible uses of funds are those that are included in this Citizen Participation Plan, the Consolidated Plan, or any other CDBG, HOME, or Emergency Solutions Grant (ESG) eligible use. HUD may provide new guidance on eligible uses in which the City will comply with and may utilize as well.

All eligible CDBG activities, including those to address declared disasters or emergencies, must meet one of three national objectives which are: (1) Benefit to low- and moderate-income (LMI) persons; (2) Aid in the prevention of slums or blight; and (3) Meet a need having a particular urgency (referred to urgent need).

The City may carryout eligible CDBG activities to meet needs resulting from declared disasters or emergencies under any one of the three national objectives.

Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (CDBG-CV) In 2020, HUD issued various notices on the CARES Act flexibilities for CDBG funds used to support COVID-19 response and plan amendment waivers. City Council Resolution Number 2020-013 summarized the Citizen Participation Plan for CDBG-CV funding.

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