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CC - Item 3A - Public Hearing on Second Substancial Amendment to The 2019-2020 Annual Action Plan and Citizen Particiaption PlanROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER •0 . DATE: MAY 12, 2020 SUBJECT: PUBLIC HEARING ON SECOND SUBSTANTIAL AMENDMENT TO THE 2019-2020 ANNUAL ACTION PLAN AND CITIZEN PARTICIPATION PLAN SUMMARY In accordance with the U. S. Department of Housing and Urban Development (HUD) 24 CFR Part 91.505, and the Citizen Participation Plan for Rosemead, a substantial amendment to the current 2019-2020 Annual Action Plan and the City's Citizen Participation Plan is required. The substantial amendment is needed in order to: (1) Accept a special allocation of $443,682 to be used to prevent, prepare for, and respond to the coronavirus (COVID-19) from HUD; (2) Allocate funds to Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs for new activities in Public Services and Economic Development, as follows: Rental/Utilities Subsistence Payments, Public Services such as assistance to a Food Bank, Purchase of Personal Protective Equipment (PPE), additional funding to the City's Senior Nutrition program, and Direct Financial Assistance to Non -Profit and For -Profit Businesses; (3) Increase the 15% cap for public service activities that are assisting with the preparation, prevention and response to the COVID-19 pandemic; (4) Increase the Administration Cap under the HOME program; (5) Reallocate previous year HOME funding; and (6) Revise the 30 -day public comment period to a 5 -day public comment period. STAFF RECOMMENDATION That the City Council: 1. Conduct a public hearing and receive public testimony; 2. Approve the Substantial Amendment to the 2019-2020 Annual Action Plan; 3. Approve the Amendment to the City of Rosemead Citizen Participation Plan; and 4. Provide direction on other HUD -approved CDBG-CV activities, if so desired. AGENDA ITEM 3.A City Council Meeting May 12, 2020 Page 2 of 5 DISCUSSION On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into Public Law 116-136 to respond to the growing effects of COVID-19. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG- CV) funds. Of this amount, HUD is allocating $2 billion based on the fiscal year 2019-2020 CDBG formula and made the first allocation of funds; the City of Rosemead's allocation is $443,682. HUD will allocate the remaining $3 billion based on needs in the following tranches: $1 billion to states and insular areas, and $2 billion to states and local governments at the discretion of the HUD Secretary. The CARES Act provides City's flexibility for the CDBG-CV funding and, in some cases, for the annual fiscal year 2019-2020 CDBG funding; additionally, the Secretary is authorized to grant waivers and alternative requirements of statutes and regulations in connection with the use of CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to fair housing, nondiscrimination, labor standards, and environment). Waivers and alternative requirements can be granted when necessary to expedite and facilitate the use of funds to prevent, prepare for, and respond to COVID-19. Moreover, the public comment period is reduced to not less than 5 days, virtual public hearings may be used when necessary for public health reasons, the public service cap is suspended during the emergency, and state and local government may reimburse costs of eligible activities incurred for pandemic response regardless of the date. The City of Rosemead has applied for and been granted the following waivers relating to the current CDBG and HOME programs: • HOME, CDBG — Citizen Participation Public Comment Period for Consolidated Plan Amendment • HOME, CDBG — Citizen Participation Reasonable Notice and Opportunity to Comment • CDBG — 15 Percent Public Services Activities Cap — Eliminate Cap to Fund Public Services Activities assisting with the preparation, prevention and response • HOME — Limitation on the use of funds for the Administration Costs • HOME — Set Aside for the Community Housing Development Organizations (CHDO's) • HOME — Reduction of Matching Contributions The CDBG-CV special allocation is governed through HUD; therefore, entitlement cities, as recipients, must go through the prescribed regulations regarding amendment; as such, the City of Rosemead shall amend its approved Annual Action Plans when: • A substantial change (e.g., 50% or more) in its allocation priorities or a substantial change in the method of distribution of funds takes place; or City Council Meeting May 12, 2020 Page 3 of 5 • Carries out an activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan; or • Substantially change the purpose, scope, location, or beneficiaries of an activity. The substantial change criteria utilized by the City of Rosemead is determined by a change in an activity which had been originally initiated through the HUD Program and in which the change would exceed: • 25% of the original allocations or when beneficiaries are impacted by the change; and/or • The description of the activity is modified to the extent whereby the general public would consider it to be a new activity for that particular program year. The City of Rosemead is allocating CDBG-CV funds to CDBG activities to help respond to COVID-19 for Rosemead residents and businesses. The 2019-2020 Annual Action Plan was approved by the City Council at its meeting on May 14, 2019. Subsequently, the approved Action Plan was submitted to HUD on May 15, 2019, and the Action Plan Grant Agreements were executed and sent to HUD on September 6, 2019. The City of Rosemead had to amend the approved Action Plan to include a new activity of land acquisition and reallocated funds to accomplish this; the first substantial amendment was approved by City Council at its January 28, 2020 meeting. The following table exhibits the proposed CDBG-CV and HOME program activities and allocation: ROSEMEAD PROPOSED FY 2019-2020 SUBSTANTIAL AMENDMENT CDBG-CV BUDGET Proposed Funding Administration CDBG-CV Administration $88,736 Subtotal $88,736 Public Services Emergency Utility Payment Program $30,000 Food Bank $100,000 Purchase of Personal Protection Equipment $10,000 Senior Nutrition $14,946 Subtotal $154,946 Economic Development Business Assistance $200,000 Subtotal $200,000 TOTAL $443,682 City Council Meeting May 12, 2020 Page 4 of 5 City Staff is researching the ability to fund drive thru testing sites within Rosemead. US Health recently entered into partnership with another City for drive thru testing services. According to US Health, they do not charge the city or the residents for this drive thru testing service. With the CDBG requirements governing use of CDBG-CV funds, the use of these funds to conduct drive thru testing sites may be infeasible. Staff at the site would need to gather certain information from each vehicle attempting to receive services. However, this option may be better suited by finding a provider such as US Health to conduct the testing for free or using other City funds and including the activity as part of the upcoming local economic stimulus plan being prepared for Council. The Rosemead City Council has the authority to revise the above recommendations. A draft Substantial Amendment is being made available for public comment between May 12, 2020 and May 18, 2020. Previous Funding Proposed Funding City Administration (25% Cap) Administration $35,216 $89,179 Community Housing Development Organization (CHDO) 2017 Funding (15% Set Aside) $35,100 $0 2018 Funding (15% Set Aside) $52,025 $0 2019 Funding (15% Set Aside) $52,758 $0 Subtotal � X88? O Jm . a Emergency Assistance Program Short Term Housing Assistance Payments $0 $85,920 TOTAL $175,099 $175,099 City Staff is researching the ability to fund drive thru testing sites within Rosemead. US Health recently entered into partnership with another City for drive thru testing services. According to US Health, they do not charge the city or the residents for this drive thru testing service. With the CDBG requirements governing use of CDBG-CV funds, the use of these funds to conduct drive thru testing sites may be infeasible. Staff at the site would need to gather certain information from each vehicle attempting to receive services. However, this option may be better suited by finding a provider such as US Health to conduct the testing for free or using other City funds and including the activity as part of the upcoming local economic stimulus plan being prepared for Council. The Rosemead City Council has the authority to revise the above recommendations. A draft Substantial Amendment is being made available for public comment between May 12, 2020 and May 18, 2020. City Council Meeting May 12, 2020 Page 5 of 5 FISCAL IMPACT On May 14, 2019, the Annual Action Plan was approved with a total CDBG fund balance of $1,005,000 and HOME fund balance of $1,490,000. The Substantial Amendment allocates the special allocation from the CARES Act and reallocates HOME funds to reflect the anticipated expenditures for the preparation, prevention and response to the COVID-19 Pandemic. STRATEGIC PLAN IMPACT The Substantial Amendment to the Annual Action Plan implements the "Key Organizational Goals" of ensuring the City's continued financial viability by actively pursuing quality economic development; enhance public safety and quality of life; and beautify residential neighborhoods and commercial corridors. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a public hearing notice published in the Rosemead Reader on April 30, 2020. Prepared by: s gelica usto-Lupo Director of Community Development Attachment A: Substantial Amendment to the 2019-2020 Annual Action Plan Attachment B: Rosemead Reader Proof Attachment A Substantial Amendment to the 2019-2020 Annual Action Plan CITY OF ROSEMEAD CONSOLIDATED PLAN 2015 — 2020 2019 — 2020 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT ALLOCATION OF FUNDS RELATED TO THE CARES ACT Introduction On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into Public Law 116-136 to respond to the growing effects of COVID-19. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, HUD is allocating $2 billion based on the fiscal year 2019-2020 CDBG formula and made the first round of fund allocations; the City of Rosemead's allocation is $443,682. HUD will allocate the remaining $3 billion based on needs in the following tranches: $1 billion to states and insular areas, and $2 billion to states and local governments at the discretion of the HUD Secretary. The CARES Act adds flexibility for the CDBG-CV funding and, in some cases, for the annual fiscal year 2019-2020 CDBG and HOME funding; additionally, the Secretary is authorized to grant waivers and alternative requirements of statutes and regulations in connection with the use of CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to fair housing, nondiscrimination, labor standards, and environment), 2017, 2018 and 2019 HOME funds. Waivers and alternative requirements can be granted when necessary to expedite and facilitate the use of funds to prevent, prepare for, and respond to COVID-19. Moreover, the public comment period is reduced to not less than 5 days, virtual public hearings may be used when necessary for public health reasons, the public service cap is suspended during the emergency, and state and local government may reimburse costs of eligible activities incurred for pandemic response regardless of the date. The CDBG-CV special allocation is governed through HUD; therefore, the City of Rosemead as an entitlement city, must comply with HUD prescribed statutes and regulations to add this special funding to the current Annual Action Plan. Per HUD 24 CFR 24 Part 91.505 -the jurisdiction, in this case the City of Rosemead, shall amend the approved Consolidated Plan and Annual Action Plans when: • A substantial change (e.g., 50% or more) in its allocation priorities or a substantial change in the method of distribution of funds takes place; or Carries out an activity, using funds from any program covered by the consolidated plan (including program income), not previously described in the action plan; or 0 Substantially change the purpose, scope, location, or beneficiaries of an activity. Additionally, the substantial change criteria utilized by the City of Rosemead as established by the City's Citizen Participation Plan is determined by a change in an activity which had been originally initiated through the HUD Program and in which the change would exceed: 1. 25% of the original allocations or when beneficiaries are impacted by the change; and/or 2. The description of the activity is modified to the extent whereby the public would consider it to be a new activity for that particular program year. Proposed Amendment to the 2015 — 2020 Consolidated Plan The CARES Act special allocation of $443,682 in CDBG-CV funding, is being proposed to be added to the 5 -Year Consolidated Plan under the Strategic Plan as a separate funding stream to be used to fund eligible CDBG programs/activities to prevent, prepare for, and respond to COVID- 19. In addition, the City is amending its current Citizen Participation Plan to allow for Virtual Meetings and public comment for the proposed use of all Department of Housing and Urban Development funds. • Citizen Participation Plan The City is amending its Citizen Participation to establish expedited procedures to draft, propose, or amend consolidated plans. Expedited procedures must include notice and reasonable opportunity to comment of no less than 5 days. The 5 -day period can run concurrently for comments on the action plan amendment and amended citizen participation plans. In-person public hearings are not required. The City of Rosemead may meet public hearing requirements with virtual public hearings if. 1) national/local health authorities recommend social distancing and limiting public gatherings for public health reasons; and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the City's certifications, timely responses from City officials to all citizen questions and issues, and public access to all questions and responses. Proposed Amendment to the 2019 — 2020 Annual Action Plan As part of the CARES Act, additional funding is also anticipated in the current fiscal year to aid those affected by COVID-19. Funds from the CARES Act would be dedicated to the economic development assistance program to assist businesses and public service programs to assist residents of Rosemead. In addition, the City has received a waiver to reallocate certain HOME funds from previous fiscal years. The CDBG-CV and HOME program Proposed Programs/Activities and Allocations are listed in the tables below: ROSEMEAD PROPOSED FY 2019-2020 SUBSTANTIAL AMENDMENT CDBG-CV BUDGET Previous Funding Proposed Funding Administration CDBG-CV Administration Administration $88,736 Subtotal $89,179 $88,736 Public Services Emergency Utility Payment Program $30,000 Food Bank Community Housing Development Organization (CHDO) $100,000 Purchase of Personal Protection Equipment $10,000 Senior Nutrition $35,100 $14,946 Subtotal $154,946 Economic Development 2019 Funding (15% Set Aside) Business Assistance $0 $200,000 Subtotal $200,000 TOTAL $443,682 Previous Funding Proposed Funding City Administration (25% Cap) Administration $35,216 $89,179 Suof�,� Community Housing Development Organization (CHDO) 2017 Funding (15% Set Aside) $35,100 $0 2018 Funding (15% Set Aside) $52,025 $0 2019 Funding (15% Set Aside) $52,758 $0 Emergency Assistance Program Term Housing Assistance Payments $$0► $85,920 �Short A7t�Ll • ', Ri . , sAill -e v L "'a'' ` ri t c '$ k, a' TOTAL $175,099 $175,099 A description of the new activities being added to the fiscal year are as follows: • Public Services o Subsistence Payments This short-term (no more than three months) emergency payments in rental and/or utilities assistance is in response to COVID-19 impacted individuals or families, for the purpose of preventing homelessness. o Food Bank The City will work with a local food bank or other non-profit agency to assist with the distribution of meals to local families. By teaming with the local agency, the Agency will have additional purchasing power to obtain the food desperately needed by families who have been affected by COVID-19 pandemic. o Purchase of Personal Protective Equipment As part of HUD's Prepare, Prevent and Respond to the pandemic, the City will use a portion of the CARES Act funds to purchase the Personal Protective Equipment that staff will require when City Hall reopens to the public. The purchase will include masks, gloves, sanitizer, etc. to prevent the spread of COVID-19 and keep our City Staff safe from infection. o Senior Nutrition Funds will be used to offset the increased costs associated with operating the program during the pandemic. This includes the cost of food, staff and take away items (plastic bags and food containers). • Economic Development The City has in place an Economic Development Program that assists commercial businesses with fagade improvements. This Amendment will expand this program to include grants or loans to support new businesses or business expansion to create jobs and manufacture medical supplies necessary to respond to infectious disease and avoid job loss caused by business closures related to social distancing. The program will provide short- term working capital assistance to small businesses to enable retention of jobs held by low - and moderate -income persons. Emergency Assistance Payments The City has requested and been granted several waivers and suspensions related to the HOME Program. One of the waivers that was granted to the City is the ability to reallocate funds from the 2017, 2018 and 2019 fiscal years. These funds are specified for certain uses by HUD and an allocation has been set aside in past years in accordance with the guidelines. These HOME Funds will be reallocated to assist homeowners who may have fallen behind with rent and mortgage payments due to the pandemic. The above activities and funding amounts will be revised in the Annual Action Plan. HUD requires that entitlement communities provide the public with a 5 -day comment period to provide residents and other interested parties an opportunity to provide input on the proposed Amendment. This public comment period will run from May 12, 2020 to May 19, 2020. Public Comments The City will incorporate any comments received during the public comment period. Attachment B Proof of Publication for April 30, 2020 Rosemead Reader 125 E Chestnut Ave Monrovia, CA 91016 (626) 301-1010 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of LOS ANGELES ) I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am a principal clerk of the printer of the Rosemead Reader, a newspaper published in the English language for the city of ROSEMEAD, county of LOS ANGELES, and adjudged as a newspaper of general circulation by the Superior Court of the County of LOS ANGELES, State of California on the date of June 22, 2012, Case Number GC048894; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: April 30, 2020 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Monrovia, California, This 30th Day April 2020 Signature (This space is for the County Clerk's Filing Stamp only) Proof of Publication of