HomeMy WebLinkAboutReso 63-2020 (20-328)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 63-2020
File Number: 20-328 Enactment Number: RES 63-2020
A RESOLUTION APPROVING AMENDMENTS TO THE CITIZEN
PARTICIPATION PLAN FOR THE CITY OF SOUTH SAN
FRANCISCO'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND AUTHORIZING ITS SUBMITTAL TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
NECESSARY DOCUMENTS TO COMPLY WITH THE
REGULATIONS.
WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") requires communities
receiving Community Development Block Grant ("CDBG") funds to update its Citizen Participation
Plan ("CPP") when there are changes in the public participation process; and
WHEREAS, the Citizen Participation Plan ("CPP") is required by the CDBG Program regulations at 24
CFR part 91.105; and
WHEREAS, staff recommends adopting an amended CPP clearly incorporating all federal regulations,
encouraging citizen participation, and providing greater flexibility during extenuating circumstances by
shortening the public comment period and notification process; and
WHEREAS, HUD has made available a Mega -Waiver to waive statutory requirements to expedite
Amendments to the Consolidated and Annual Action Plan; and
WHEREAS, pursuant to the Mega -Waiver granted by HUD to the City, the City provided reasonable
notice and opportunity to comment to the draft amended CPP; and
WHEREAS, the amended CPP was made available for a minimum of a 5 -day public comment period
from May 9, 2020 to May 15, 2020 and a public notice announcing the availability of the revised Citizen
Participation Plan was published in the San Mateo County Times on May 9, 2020; and
WHEREAS, on May 15, 2020, the City held a duly noticed public hearing on the amended CPP for the
CDBG Program; and
WHEREAS, the City Council desires to ensure that the City is able to implement the CDBG-funded
small business loan program previously approved by the City Council on April 22, 2020, without
additional action by the City Council and this resolution is intended to grant the City Manager
administrative authority to negotiate with HUD, modify and/or execute documents, and take whatever
other actions are necessary in order to effectuate the City Council's purpose in authorizing the small
business loan program.
City of South San Francisco Page 1
File Number: 20-328
Enactment Number. RES 63-2020
NOW THEREFORE IT BE RESOLVED that the City Council of the City of South San Francisco does
hereby approve the amended CPP attached as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to submit the amended CPP to the
U.S. Department of Housing and Urban Development, and to take any other actions as necessary to carry
out the intent of this Resolution, including but not limited to negotiating with HUD regarding; to make
any revisions, amendments, or modifications to; and to execute any revised, amended, or modified
documents; and to take any other actions necessary to implement the CDBG-funded small business loan
program approved by the City Council on April 22, 2020, which do not materially alter or increase the
City's obligations thereunder, subject to approval as to form by the City Attorney.
At a meeting of the Special City Council on 5/15/2020, a motion was made by Councilmember Nicolas,
seconded by Councilmember Nagales, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by
Rosa G vea Acosta, City Clerk
City of South San Francisco Page 2
City of South San Francisco - Citizen Participation Plan Page 1 of 12
Citizen Participation Plan
City of South San Francisco
Amended and adopted on May 15, 2020
Economic and Community Development Department
400 Grand Avenue, South San Francisco, CA 94080
City of South San Francisco - Citizen Participation Plan Page 2 of 12
INTRODUCTION ............................................................................................................. 3
Overview of the Consolidated Plan Process ............................................................ 3
The Program Year .................................................................................................... 3
PUBLIC ACCESS TO INFORMATION ........................................................................... 3
I. Public Notice ............................................................................................................. 3
Items Covered by the Public Notice Requirement: ................................................... 4
Forms of Public Notice ............................................................................................. 4
Adequate Public Notice ............................................................................................ 4
II. Standard Documents ............................................................................................... 4
Availability of Standard Documents .......................................................................... 5
Places Where Standard Documents Are Available .................................................. 5
III. Public Hearings....................................................................................................... 5
Content .................................................................................................................... 5
Access ..................................................................................................................... 5
Populations with Unique Needs ............................................................................... 5
THE ANNUAL ACTION PLAN AND/OR FIVE-YEAR CONSOLIDATED PLAN ............ 6
I. Community Needs Assessment ................................................................................ 6
II. The Proposed Annual Action Plan and/or Five-Plan Consolidated Plan .................. 7
Displacement Policy ................................................................................................. 7
Technical Assistance ............................................................................................... 7
Availability of a Proposed Annual Action Plan and/or Five-Plan Consolidated Plan. 7
Public Hearing and Further Action ........................................................................... 8
III. The Adopted Plan ................................................................................................... 8
IV. Amendments to the Plan ........................................................................................ 8
Substantial Amendments ......................................................................................... 8
Public Notice and Public Hearing for Substantial Amendments ............................... 9
THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT...... 9
Public Notice and Public Hearing for the CAPER ................................................... 10
ADMINISTRATION OF THE CITIZEN PARTICIPATION PLAN ................................... 10
I. Record-Keeping Protocol ........................................................................................ 10
Public Access to Information .................................................................................. 11
Requests for Assistance ........................................................................................ 11
II. Criteria for Amendment .......................................................................................... 12
COMPLAINTS PROCEDURES .................................................................................... 12
City of South San Francisco - Citizen Participation Plan Page 3 of 12
INTRODUCTION
Pursuant to 24 CFR part 91.105, the Citizen Participation Plan (CPP) of South San
Francisco will encourage citizen participation, particularly residents of predominantly low
and moderate income neighborhoods1, in the development of the City’s Five-Year
Consolidated Plan2 and/or Annual Action Plan3, substantial amendments to these plans,
and the Consolidated Annual Performance and Evaluation Report (CAPER).
Overview of the Consolidated Plan Process
The policies and procedures in this Citizen Participation Plan relate to the following
activities:
• Identification of housing and community development needs.
• Preparation of a proposed new Five-Year Consolidated Plan or the preparation of
a proposed Annual Action Plan.
• Formal approval by elected officials of a final Annual Action Plan or Five-Year
Consolidated Plan.
• On occasion during the year, it might be necessary to change the use of the
funds already budgeted in an Annual Action Plan, or to change the priorities
established in the Five-Year Consolidated Plan. In that case, a formal
Substantial Amendment will be proposed, considered, and acted upon.
• After a "program year" is complete a Consolidated Annual Performance and
Evaluation Report (CAPER) must be drafted for public review and comment and
then formally submitted to the Department of Housing and Urban Development
(HUD).
The Program Year
The program year is from July 1st through June 30th.
PUBLIC ACCESS TO INFORMATION
I. Public Notice
There shall be advanced public notice of all public hearings and all public meetings,
such as City Council Meetings, relating to the activities covered by this Citizen
Participation Plan.
1 Neighborhoods where the majority of the households have an annual income of up to 80 percent of Area Median Income (AMI), as
defined by the U.S. Department of Housing and Urban Development
2 The Five-Year Consolidated Plan provides a five year strategy for use of available resources to meet identified needs and
describes the actions, programs, objectives and projects to be undertaken during the five year period
3 The Annual Action Plan is prepared annually and describes the activities the City will undertake during the upcoming program year
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Items Covered by the Public Notice Requirement:
• Proposed Annual Action Plan and/or Five-Year Consolidated Plan
• Any proposed Substantial Amendment to the Annual Action Plan or Five-Year
Consolidated Plan
• The Consolidated Annual Performance and Evaluation Report (CAPER)
• Amendments to the Citizen Participation Plan
Forms of Public Notice
• Public notices will be published in the San Mateo County Times, a newspaper of
general circulation.
• Notice will also be given to agencies providing services to lower income people.
• Notice will be sent to any person or organization requesting to be on an email list.
Adequate Public Notice
Adequate advance notice is "timely"; it is given with enough lead-time for the public to
take informed action. The amount of lead-time can vary, depending on the event.
II. Standard Documents
Standard documents include:
• Proposed and adopted Five-Year Consolidated Plan
• Proposed and adopted Annual Action Plans
• Proposed and adopted Substantial Amendments to a Five-Year Consolidated
Plan or Annual Action Plan
• Consolidated Annual Performance and Evaluation Report (CAPER)
• Citizen Participation Plan.
TIMING
ANNUAL PLAN/
CONSOLIDATED
PLAN CAPER
SUBSTANTIAL
AMENDMENTS
CITIZEN
PARTICIPATION
Assessment of
Fair Housing
(AFH) Report
Public
Comment
Period/ Notice
of Availability 30 days 15 days 30 days 15 days 30 days
Number of
Required
Hearings 1 1 1 1
1
Needs
Assessment
Required
Yes – Notice 10 days
prior to Needs
Assessment No No No
Date Required
to send to
HUD
May 15th or 45 days
before the beginning
of the next program
fiscal year
September
30th or 90
days after
the end of
the program
fiscal year
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Availability of Standard Documents
In order to encourage public participation a reasonable number of copies of standard
documents will be provided to the public at no cost and within two working days of a
request. These materials will also be available in a form accessible to persons with
disabilities when requested.
Places Where Standard Documents Are Available
Standard documents will also be available at all City libraries as well as the Department
of Economic and Community Development - 400 Grand Avenue, South San Francisco,
CA and the City’s website. Staff will provide a written statement that notes when and
where standard documents were delivered.
III. Public Hearings
Public hearings are required by law in order to obtain the public’s views and to provide
the public with the City's responses to public questions and proposals. The law requires
a public hearing to review the City’s Five-Year Consolidated Plan and/or Annual Action
Plan and a public hearing to review the Consolidated Annual Performance and
Evaluation Report (CAPER).
Content
The topics of discussion at public hearings include, but are not limited to: project goals
and objectives, the total amount of funding available, community development and
housing needs, proposed project activities and amount of funding requested for each
project, proposed amount of funding for projects affecting low and moderate income
neighborhoods, and whether or not any displacement is expected to occur.
Access
Public hearings will be held only after there has been adequate notice as described in
the Public Notice part of this Citizen Participation Plan. Public hearings will be held at
7:00 p.m. or other times convenient to most people who might benefit from the use of
funds. Public hearings will be held at the City Council Chambers or at places
accessible by public transportation.
Populations with Unique Needs
All public hearings will be held at locations accessible to people with disabilities.
Provisions will also be made for disabled or non-English speaking residents when
requests are made at least five working days prior to a hearing.
Virtual Meetings
In the event of extenuating circumstances, a declared state of emergency, or other
circumstances where public meetings and gatherings are canceled or discouraged by
City Council and/or other government officials, the City will conduct virtual meetings until
in-person public meetings are allowed to resume.
• Virtual meetings will be held at a time convenient to the general public, with
City of South San Francisco - Citizen Participation Plan Page 6 of 12
accessibility and/or accommodations for persons with disabilities and, if
possible, accommodation of non-English translation assistance when
appropriate
• Notification of the virtual meeting shall be made at least five (5) days prior to
the meeting through one or more of the following methods: posting on the City
website; electronic notification to applicants and other interested parties who
have expressed interest in City’s CDBG or housing programs (including
businesses, developers, nonprofit organizations, philanthropic organizations,
and community-based and faith-based organizations). At the City’s discretion,
additional public notification will be undertaken via publication in a newspaper
of general circulation; posting in appropriate public locations; and mailing to
organizations and individuals who have e xp ressed an interest in obtaining
information concerning the entitlement programs.
• Instructions to join a virtual meeting (i.e. videoconference link, submitting
written comments, etc.) shall be included in all meeting materials, including
public notices and meeting agenda
All published public hearing notices will state that accommodations are available for
disabled and non-English speaking residents and will contain the following written in
Spanish: notice title, public hearing date, time and location, and notification of
translation services.
THE ANNUAL ACTION PLAN AND/OR FIVE-YEAR CONSOLIDATED PLAN
The laws providing funds, described by this Citizen Participation Plan, call for improved
accountability. In compliance with the terms of the law, South San Francisco will use
the following procedures.
I. Community Needs Assessment
Due to the extensive and diverse housing and community development needs of low
and moderate income people, priorities must be set in order to decide which needs
should receive more attention. The laws and regulations require a Community Needs
Assessment to obtain residents’ opinions about needs and the priority of needs within
the community. A Needs Assessment Meeting will occur before a draft of the Annual
Action Plan or Five-Year Consolidated Plan is published for comment so that the needs
identified can be considered by the City and addressed in the draft Annual Action and/or
Five-Year Consolidated Plan. The public should be notified 10 days prior to a Needs
Assessment Meeting.
Assessment of Fair Housing
The Assessment of Fair Housing (AFH) is a plan that analyses local fair housing issues
and sets fair housing goals and priorities. It is prepared prior to the preparation of the
Consolidated Plan.
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During the development of its AFH, The City will solicit feedback from the community
and address complaints. In order to do this, the City will make relevant documents,
HUD‐provided data, and analysis of any other pertinent data available to the public. The
City will consult with agencies and organization identified during the AFH process
During the process of development of the AFH the City will hold at least one publicly
noticed public hearing to solicit input from community members, organizations, and
other interested parties. Upon posting of the proposed AFH, the City will allow a public
comment period for at least 30 days. II. The Proposed Annual Action Plan and/or Five-
Plan Consolidated Plan
In the proposed Annual Action Plan and/or Five-Plan Consolidated Plan, the City will
provide the public with an estimate of the amount of CDBG funds it expects to receive
(including grant and anticipated program income) in the upcoming year, along with a
description of the types of activities that can be funded with these resources. Also, the
public will be given an estimate of the amount funds that will be used in ways that will
benefit low and moderate-income people.
Displacement Policy
The goal of the City is to minimize the extent to which low and moderate income people
will be displaced as a result of the use of CDBG funds. This anti-displacement policy
requires the plan to describe how South San Francisco will assist people who may be
displaced as a result of the use of these funds, specifying the type and level of
assistance.
Technical Assistance
City staff will work with organizations and individuals representative of low and
moderate-income people who are interested in submitting a proposal to obtain funding
for an activity. Outreach and public notices to non-profits will take place in the form of
email updates. All potential applicants for funding are encouraged to contact City staff
for technical assistance before completing a proposal form. Staff can provide
information on plans and details of a project, help applicants understand whether their
projects are eligible and the amount of funding available for their type of activity.
Availability of a Proposed Annual Action Plan and/or Five-Plan Consolidated Plan
There must be reasonable notice of the proposed Annual Action Plan and/or Five-Year
Consolidated Plan so that residents will have an opportunity to review it and comment
on it. Notice will be made according to the procedures described earlier in this Citizen
Participation Plan, with the addition of the following procedures specifically for Annual
Action Plan and/or Five-Year Consolidated Plan:
• There will be 30 days advance notice and availability of a proposed Annual
Action Plan and/or Five-Year Consolidated Plan before there is a public hearing
about it.
• A summary of the Proposed Annual Action Plan and/or Five-Year Consolidated
Plan will be written and be published the San Mateo County Times. At a
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minimum this summary will include: a description of the contents and purpose of
the Action Plan and/or Five-Year Consolidated Plan and a list of the locations
where copies of the entire Proposed Action Plan and/or Five-Year Consolidated
Plan may be examined.
• A reasonable number of copies of the Proposed Annual Action Plan and/or Five-
Year Consolidated Plan will be made available to the public at no cost within two
working days of a request. Also, copies will be available at the locations
indicated earlier in this Citizen Participation Plan under Public Access to
Information.
• In order for low and moderate income people to determine the degree that they
might be affected, the Proposed Annual Action Plan and/or Five-Year
Consolidated Plan will be complete and contain: all HUD-required sections, the
HUD-required Priorities Table and, a written description of all proposed uses of
CDBG, funds. At a minimum, this description shall include the type of activity
and the amount of federal money to be allocated to it.
Public Hearing and Further Action
A public hearing about the Proposed Annual Action Plan and/or Five-Year Consolidated
Plan will be conducted by the Mayor and City Council 30 days after it is available to the
public. In preparing an Annual Action Plan and/or Five-Year Consolidated Plan for
submission to HUD, careful consideration will be given to all comments and views
expressed by the public, whether given as verbal testimony at the public hearing or
submitted in writing. The Annual Action Plan and/or Five-Year Consolidated Plan
submitted to HUD will have a section that presents all comments, plus explanations why
any comments were not accepted.
III. The Adopted Plan
The final Adopted Annual Action Plan and/or Five-Year Consolidated Plan will be made
available to the public and will include the community development objectives, projected
use of funds, and the community development activities. Copies of the Adopted Annual
Action Plan and/or Five-Year Consolidated Plan will be available at the locations
specified in Public Access to Information section.
IV. Amendments to the Plan
The Annual Action Plan and/or Five-Year Consolidated Plan must be amended anytime
there is a change of CDBG funding of more than $50,000 from one eligible activity to
another or to fund a new activity not previously identified in the Annual Action Plan or
Consolidated Plan. The public will be notified whenever there is a substantial
amendment.
Substantial Amendments
The following will be considered "substantial" amendments:
• To make a change in its allocation priorities or a change in the method of
distribution of funds;
City of South San Francisco - Citizen Participation Plan Page 9 of 12
• To change the purpose, scope, location, or beneficiaries of an activity.
Amendments Under Extenuating Circumstances: In the event of extenuating
circumstances and/or declarations of a state of emergency, and undertaking the
process to submit an amendment to a Five-Year Consolidated Plan or Annual Action
Plan is determined to be infeasible and/or any public participation requirements are
waived by the City, County, the State of California, and/or any other government entity,
then the City shall undertake the following process for any substantial and minor
amendments to the Five-Year Consolidated Plan or Annual Action Plan.
• Reasonable notice and opportunity to comment: Any Amendment will require a
public notice with a minimum of a 5-day review period. This notice will be in
electronic format and will involve a posting on the City’s website and electronic
notification to the City’s email list of providers, stakeholders, and others. At the
City’s discretion, the public noticing may include a supplemental publication in a
local newspaper of general circulation.
Public Notice and Public Hearing for Substantial Amendments
There must be reasonable notice of a proposed Substantial Amendment so that
residents will have an opportunity to review it and comment on it. Notice will be made
according to the procedures described earlier in this Citizen Participation Plan, with the
addition of the following procedures specifically for Substantial Amendments:
• There will be 30 days advance notice of and availability of a proposed
Substantial Amendment before there is a public hearing about it.
• A detailed written description of the proposed Substantial Amendment will be
made available to the public at no cost within two working days of a request.
Also, copies will be available at the locations indicated earlier in this Citizen
Participation Plan under Public Access to Information.
• There will be a public hearing regarding the proposed Substantial Amendment
conducted by the Mayor and City Council. This public hearing will not take place
until the public has had 30 days to review the proposed Substantial Amendment.
In preparing a Substantial Amendment for submission to HUD, careful consideration will
be given to all comments and views expressed by the public, whether given as verbal
testimony at the public hearing or submitted in writing. The Substantial Amendment
submitted to HUD will have a section that presents all comments, plus explanations why
any comments were not accepted.
THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
Every year, South San Francisco must submit to HUD a Consolidated Annual
Performance and Evaluation Report (CAPER) within 90 days of the close of the
City of South San Francisco - Citizen Participation Plan Page 10 of 12
program year. In general, the CAPER must include a description of the use of funds, an
assessment of the relationship of that use to the priorities and specific objectives
identified in the Annual Action Plan, the number of extremely low, low, and moderate
income persons served (including racial and ethnic status) by each activity where
information on income by family size is required to determine eligibility of the activity
and actions take to affirmatively further fair housing.
Public Notice and Public Hearing for the CAPER
There must be reasonable notice that a CAPER is available so that residents will have
an opportunity to review it and comment on it. Notice will be made according to the
procedures described earlier in this Citizen Participation Plan, with the addition of the
following procedures specifically for a CAPER:
• There will be 15 days advance notice of and availability of a CAPER before there
is a public hearing about it.
• A reasonable number of copies of the CAPER will be made available to the
public at no cost within two working days of a request. Also, copies will be
available at the locations indicated earlier in this Citizen Participation Plan under
Public Access to Information.
• There will be one public hearing regarding the CAPER.
• This public hearing will be conducted by the Mayor and City Council, in the
interest of public accountability. It will not take place until the public has had 15
days to review the CAPER.
In preparing a CAPER for submission to HUD, careful consideration will be given to all
comments and views expressed by the public, whether given as verbal testimony at the
public hearing or submitted in writing. The CAPER submitted to HUD will have a
section that presents all comments, plus explanations why any comments were not
accepted.
ADMINISTRATION OF THE CITIZEN PARTICIPATION PLAN
The Citizen Participation Plan is a required component of the Annual Action Plan and/or
Five -Year Consolidated Plan and therefore is subject to public review and comment.
I. Record-Keeping Protocol
Al l standard documents must be published and recorded in accordance with this Citizen
Participation Plan. The City of South San Francisco will also maintain an up-to-date
record of all citizen participation related activities. This Citizen Participation Record will
contain the following items:
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Public Access to Information
• A record of when the Citizen Participation Plan was adopted and/or is amended.
• Records of all public notices announcing the availability of the following
documents for public comment:
o Annual Action and/or Five Year Consolidated Plan
o Consolidated Annual Performance and Evaluation Report (CAPER)
o Substantial Amendments made to either the Annual Action or Five Year
Consolidated Plan
o Citizen Participation Plan
• Records of the delivery of the Annual Action and/or Five Year Consolidated Plan,
Substantial Amendments to the Annual Action and/or Five Year Consolidated
Plan, CAPER or Citizen Participation Plan to all City libraries and the Department
of Economic and Community Development.
Staff will provide a written statement noting when and where the documents
were delivered
• Records of online accessibility of the Annual Action and/or Five Year
Consolidated Plan, Substantial Amendments to the Annual Action and/or Five
Year Consolidated Plan, CAPER or Citizen Participation Plan.
A screen shot of the City’s website which includes a link is acceptable
• Records of any public comments made about the Annual Action and/or Five Year
Consolidated Plan, Substantial Amendments to the Annual Action and/or Five
Year Consolidated Plan, CAPER or Citizen Participation Plan. If no public
comments were received, Staff should include a record stating that no public
comment was received.
• Records of all meeting minutes where the meeting was convened to consider the
Annual Action and/or Five Year Consolidated Plan, Substantial Amendments to
the Annual Action and/or Five Year Consolidated Plan, CAPER or Citizen
Participation Plan.
Requests for Assistance
• A record of all requests/and or provisions for translation services at public
meetings
• A record of any special accommodations made for disabled citizens to attend
public meetings
• A record of requests and/or provisions of technical assistance by low to moderate
income groups.
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II. Criteria for Amendment
To revise the CPP, a draft version of the revised CPP will be prepared by City staff and
made available for the fifteen-day public review period. A notice for the public review
period will be published in a newspaper of general circulation. A copy of the draft
version of the revised CPP will be made available at the Department of Economic and
Community Development and all City libraries during the public review period. A
reasonable number of free copies of the draft version of the revised CPP will be
provided to residents and groups upon request.
• Reasonable notice and opportunity to comment under extenuating
circumstances: In the event of extenuating circumstances and/or declaration(s) of
a state of emergency, the City shall conduct an expedited 5-day public comment
period prior to a public hearing before and subsequent submission to HUD. Said
public comment period will be noticed in electronic format and will involve a
posting on the City website and electronic notification to the City’s email list of
providers, stakeholders, and others. At the City’s discretion, the public noticing
may include a supplemental publication in a local newspaper of general
circulation.
Following the public comment period, a public hearing will be on held on the draft. The
City Council shall consider any comments or complaints received in writing or at the
public hearings.
COMPLAINTS PROCEDURES
Written complaints from the public will receive a meaningful, written reply within 15
working days. Complaints can be mailed to:
Department of Economic and Community Development
400 Grand Avenue
South San Francisco, CA 94080