HomeMy WebLinkAboutD-4 Staff Report - Azusa CDBG CARES ACT1
PUBLIC HEARING
D-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
DATE: MAY 18, 2020
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CARES ACT FUNDS –
CONSIDERATION TO ADOPT A RESOLUTION APPROVING $241,825 ONE TIME
ONLY, SUPPLEMENTAL FY 2019-2020 CDBG FUNDS FOR THE EXPRESS
PURPOSE OF RESPONDING TO, ADDRESSING, AND MITIGATING THE
IMPACTS OF THE COVID-19 PANDEMIC
SUMMARY:
As authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on
March 27, 2020, the CARES Act provides $5 billion in additional Fiscal Year (FY) 2019-2020
Community Development Block Grant (CDBG) funding to prevent, prepare for, and respond to the
COVID-19 pandemic. The U.S. Department of Housing and Urban Development (HUD) was named as
the responsible federal agency to administer and distribute the CARES Act funds to state and local
governments that receive a CDBG allocation.
As a participating city in the Los Angeles Urban County CDBG Program, the City of Azusa will receive
approximately $241,825 in one-time only, supplemental FY 2019-2020 CDBG CARES Act funds for
the express purpose of responding to, addressing, and mitigating the impacts of the COVID-19
pandemic.
RECOMMENDATION:
It is recommended that the City Council take the following action:
1)Open the public hearing, receive testimony and presentation of the proposed eligible CDBG
CARES Act projects, and adoption of Resolution No. 2020-C24 approving an Azusa CDBG
CARES Act Program; and,
APPROVED
CITY COUNCIL
5/18/2020
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2) Authorize the City Manager, or his designee, to execute all contracts and Agreements, in a
form approved by the City Attorney, with the Los Angeles County Development Authority
(LACDA) and if applicable, with each approved recipient/subrecipient of the Azusa CDBG
CARES Act Program.
BACKGROUND:
Since 1974, the City of Azusa has participated under the Los Angeles Urban County Community
Development Block Grant (CDBG) Program. The Los Angeles County Development Authority
(LACDA) acts as the administrative pass-through agency for participating cities to receive CDBG funds
from the U.S. Department of Housing and Urban Development (HUD). Annually, the City receives
approximately $400,000 in federal CDBG funds. Azusa utilizes its annual CDBG funding for various
housing, public service and community development projects, such as Code Enforcement, Housing
Rehabilitation, youth tutoring and educational enrichment, senior services, and, capital improvement and
public infrastructure projects, specifically construction of American with Disabilities Act (ADA)
compliant improvements. The table below identifies the CDBG FY 2019-2020 projects and budget
amounts:
FY 2019-2020 CDBG Projects and Budgets
New Year Funds: $463,685 Carryover Funds: $65,168
Total Amount Available $528,853 Amount
Infrastructure, Housing and Neighborhood
Improvement Projects
Single Family Housing Rehabilitation $185,000
Code Enforcement Program $108,000
Sidewalk and ADA Improvements $166,301
Subtotal:
$459,301
Public Service Projects (15% Cap Limit of $69,552)
Azusa Family Services $29,552
Neighborhood Homework House $10,000
Senior Case Management $30,000
Subtotal: $69,552
Total $528,853
On April 7, 2020, the Los Angeles County Development Authority (LACDA) notified all participating
cities in the Los Angeles Urban County CDBG Program that following congressional action on March
27, 2020 to pass the Coronavirus Aid, Relief, and Economic Security Act (CARES ACT), participating
cities would be eligible to receive a special, one-time only allocation of CDBG funds for the express
purpose of responding to, addressing, and mitigating the impacts of the COVID-19 pandemic. Azusa’s
CDBG CARES Act allocation is $241,825. Cities and counties that received CDBG CARES Act funds
directly from HUD (entitlement communities) were notified approximately two to three weeks sooner
and received approximately three to four more HUD directives for the use and implementation of CDBG
CARES Act funds than LACDA participating cities. CDBG CARES Act technical assistance received
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from LACDA consisted primarily of informal email correspondence from the LACDA representative
(Contract Manager) following inquiries posed by the City’s CDBG Consultant.
DISCUSSION:
The City’s CDBG CARES Act funds may be used for a range of eligible activities that prevent, respond
to, and/or mitigate the effects of COVID-19. Similar to all CDBG projects, any proposed CDBG
CARES Act project must meet all CDBG reporting requirements and one of three CDBG national
objectives that:
• Benefit low and moderate income persons;
• Aid in the prevention or elimination of slums or blight; or,
• Meet an urgent need.
The City understands that it is imperative to establish eligible CDBG CARES Act projects to prevent,
respond to, and mitigate against COVID -19. Thus, below is a range of eligible CDBG CARES Act
projects currently proposed by other cities (entitlement or non-entitlement) or LACDA. CDBG Cares
Act funds may be used to supplement an existing CDBG project such as a current public service project.
It should be noted that the CDBG CARES Act legislation removed the limitation on the previous cap of
a fifteen (15) percent maximum amount of CDBG funds that may be used for public service projects.
Thus, for the purpose of CDBG CARES Act funds, there is no limit on the amount of funds that may be
allocated to an eligible CDBG CARES Act public service project.
Examples of Eligible CDBG Cares Act Projects:
1. Economic Development Projects
Small Business Assistance – Job Creation or Retention: With many businesses experiencing
unprecedented financial hardships due to COVID- 19, retaining employees, or even hiring employees, in
some cases, is a priority. To address this challenge, CDBG CARES Act funds may be used to create a
CDBG Job Retention or CDBG Job Creation program. Most CDBG CARES Act Job Creation/Retention
programs offer eligible small businesses that qualify a one-time direct grant. The City of El Monte is
offering $10,000 grants to eligible small businesses for rent, utilities, and business services such as web
site development. The City of South Gate is offering $10,000 grants to eligible businesses for payroll
expenses.
Although loans may be offered through a CDBG CARES Act Small Business Assistance Program, it is
not recommend due to the extensive administrative burden of federal requirements for recordkeeping
and monitoring, maintaining continuous loan portfolios beyond the length of the program, investigating
businesses economic solvency and ability to repay, if loans are not forgivable. Therefore, staff
recommends that if an Economic Development Project is considered, funding awards offered to eligible
small business be considered in the form of a grant.
Whether a Small Business Grant or Loan Program is selected, other criteria to be determined include:
• That a business must be within Azusa city limits and have a current Azusa business license.
• The amount of the grant or loan – Most cities are offering businesses direct CDBG CARES Act
small business grants in the amount of $10,000. Small business grants or loans may be offered
in larger amounts. Loans may be forgivable with zero or little interest. If a business lacks the
ability to demonstrate that a loan may be forgiven, loan proceeds and loan interest that the City
recaptures will be considered “Program Income” and must be returned to LACDA. Lastly, it is
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strongly recommended that only one type of assistance be offered; either a loan or grant; not
both.
• Business Size – Limit the size of the small businesses eligible to participate. For example,
businesses that have fifteen (15) or fewer employees. Will microenterprises (five employees or
less) be eligible?
• Years in Operation – Establish a minimum number of years in operation. For example,
businesses that have been in operation for a minimum of three (3) years or more would qualify.
• Financial worthiness – Set a minimum amount of annual gross revenue. For example $2 million
per year.
• CDBG CARES Act funds restrictions – Small businesses must document and prove that the use
of CDBG CARES Act funds is for payroll, rent, to expand web design or capacity to
accommodate increasing web-based services, or, to purchase supplies required in the direct
provision of COVID-19 services
• No Duplication of Benefit – Establish strict guidelines that prohibit a small business eligible to
receive Azusa CARES Act funds from accepting another source of COVID-19 related stimulus
funds (private, or through the SBA Payroll Protection Program, for example).
A Small Business Assistance Program for eligible businesses will be required to meet either the Low
Moderate Income Area benefit (“LMA”), or the Low Moderate Income Job Creation and Retention
(“LMJ”) benefit. The LMA national objective will be used for businesses that benefit a residential
neighborhood where at least 51 percent of the residents are low-and moderate-income (“LMI”) persons.
Eligible businesses must be within a Low to Moderate Income Census Tract. The LMJ national
objective will be used for businesses that retain permanent jobs, at least 51 percent of which (computed
on a full-time equivalent basis) will be held by LMI persons. Businesses will be required to provide
supporting documentation (e.g., description of job position, household annual income, and family size)
demonstrating that jobs will be held by low and moderate-income persons. Furthermore, consistent with
CDBG requirements, a CDBG CARES Act-funding agreement must be executed between the City and
the small business recipient. If awarded CDBG CARES Act funds, the business must agree to annual
audits and/or monitoring, maintenance of supporting financial documentation of CDBG CARES Act
funds used, and, reporting on program outcomes and performance goals achieved.
2. Housing Services
Emergency Rental Assistance - Using CDBG Cares Act funds, an emergency rental assistance program
may be offered to Azusa low and moderate income residents experiencing financial hardship, such as a
loss or reduction in income due to the COVID-19 pandemic. Emergency rental assistance may be a
grant in a specified amount awarded to eligible low and moderate income residents (for example, $500
per eligible household). The City must pay the landlord directly on behalf of the eligible household.
Emergency rental assistance payments are limited to a maximum of three months. The City of
Alhambra implemented a CDBG CARES Act Emergency Rental Assistance Program. Income-eligible
households may receive $500 a month for three months, from June 2020 through August 2020. The City
of El Monte is offering one-time emergency rental assistance of up to $1,200 to eligible households.
Other forms of residential assistance may include a utility subsidy paid directly to Azusa Light and
Water, for example, on behalf of a low and moderate income resident unable to afford utility payments
due to COVID- 19, or, a utility subsidy paid to a broadband service provider to increase residential
internet capacity to accommodate COVID-19 related virtual home schooling.
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3. Public Service Projects (No Public Service Cap for CDBG CARES Act funds used for COVID-
19 related efforts)
Public service projects may be new or expanded to address the impact of COVID-19. Expanding
existing public service activities may occur more rapidly than implementing a new public service
project. For example, public service projects such as Neighborhood Homework House that offers
tutoring and academic enrichment programs to Azusa youth may be modified to offer virtual services
including online tutoring and classes. "Grab & Go" activity packets may be provided as an expanded
service. Another example is expanding the City’s partnership with the YWCA San Gabriel Valley to
offer Azusa senior adults “virtual” case management and home visits. Creating a new public service
project such as restaurant meal vouchers or store branded value cards (e.g., Smart and Final) may benefit
many Azusa residents and may be implemented relatively sooner than a new public service project
requiring the identification and procurement of a new non-profit agency or alternate service provider.
Other eligible CDBG CARES Act public service projects may include:
• Counseling and mental health services, including domestic violence assistance, for persons
affected by COVID-19
• Vouchers for medical testing services for COVID-19
Only eligible low and moderate income residents would qualify for participation in a CDBG CARES
Act public service project.
CDBG CARES ACT ALLOCATION AND TIMELINE
The City’s CDBG CARES ACT allocation of $241,825 may be used to fund one or more eligible
activities. It is recommended that, due to onerous CDBG requirements for project implementation,
determining resident eligibility, reporting and, programmatic and financial monitoring, CDBG CARES
Act projects should be limited to no more than two. Furthermore, some proposed CDBG CARES Act
activities will require more sizable allocations than others. For example, given the nature, scope, and to
be most impactful, a small business assistance program should be fully funded at or near $220,000.
Approximately ten (10%) of the City’s CDBG CARES Act allocation will support CDBG administrative
costs.
Once the City Council hears and takes action on this matter, a CDBG CARES Act funding
application(s) will be submitted to LACDA for review and approval. CDBG CARES Act project
guidelines, eligibility determinations, and client applications will be developed. A City portal system
for receiving electronic client applications and performing evaluations may be necessary. Once these
tasks are complete, estimates place the start of any new or continuing CDBG CARES Act project at or
near August 1, 2020. As of April 30, 2020, LACDA received one related submittal for review.
CONCLUSION:
The recommended CDBG CARES Acts projects and funding levels are presented in two alternative
scenarios below. Council may also consider a combination both scenarios and fund a program that
offers assistance to both small businesses and some type of public service.
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CDBG CARES Act
Recommended
Amount
SCENARIO 1
Economic Development
Small Business Assistance Grants $220,000
CDBG CARES Act Program Administration $21,825
TOTAL $241,825
SCENARIO 2
Housing Services $150,000
Public Services $70,000
CDBG CARES Act Program Administration $21,825
TOTAL $241,825
FISCAL IMPACT:
The City’s CDBG CARES Act one-time only allocation is $241,825. Staff anticipates the program
administration costs will be covered by the CARES Act allocation. COVID-19 related expenditures
were not anticipated when the FY 2019-2020 budget was adopted. The total fiscal impact to the City is
unknown at this time and will depend on the needs and objectives that are identified. Approved projects
will be reflected as supplemental FY 2019-2020 funds in the City Budget. CDBG CARES ACT
projects will allow the City to prevent, respond to, and mitigate against COVID-19 community needs
with little impact to the General Fund.
Prepared by: Reviewed By:
Tina Gall Matt Marquez
CDBG Consultant Director of Economic and
Community Development
Fiscal Impact Review: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1) Census Tract Map
2) Resolution No. 2020-C24
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CDBGService Areas
ATTACHMENT 2
RESOLUTION NO. 2020-C24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
AUTHORIZING THE USE OF ADDITIONAL COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ECONOMIC SUPPORT KNOWN AS THE
CORONAVIRUS AID RELIEF AND ECONOMIC SECURITY (“CARES”) ACT,
TO RESPOND TO, PREVENT AND/OR MITIGATE AGAINST THE EFFECTS
OF THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC WITHIN THE
CITY OF AZUSA
WHEREAS, on March 27, 2020, the Coronavirus Aid Relief and Economic Security Act of
2020 (“CARES”) (H.R. No. 748) was signed into law, allocating additional funding to the Community
Development Block Grant (CDBG) program to respond, prevent, and mitigate against the effects of the
novel coronavirus (COVID-19) ; and
WHEREAS, the City of Azusa participates under the County of Los Angeles Community
Development Block Grant (CDBG) Program; and
WHEREAS, the Los Angeles County Development Authority is the County entity responsible
for the disbursement of CDBG CARES Act Grant Funds through the Small Cities Program to the City
of Azusa; and
WHEREAS, the City of Azusa expects to be allocated approximately $241,825 of
supplemental CDBG CARES Act funds, in addition to the City’s annual CDBG allocation; and
WHEREAS, the City Council provided the opportunity for public input regarding the City's
CARES Act funds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa does
hereby take the following actions:
SECTION 1. Consider and approve the use of supplemental CDBG CARES Act funds in the
amount of $241,825 and submit approved projects and funding applications to the Los Angeles County
Development Authority.
SECTION 2. Approve inclusion of said supplemental CDBG CARES Act allocation of
$241,825 in the City of Azusa annual budget.
SECTION 3. Authorize the City Manager to execute all necessary contracts, agreements, and
amendments with the Los Angeles County Development Authority and, if applicable, with approved
recipients/subrecipients of the CDBG CARES Act program, together with any changes therein which
may be approved by the City Manager and, as necessary, the City Attorney.
SECTION 4. Authorize staff to adjust the FY 2019-2020 CDBG Program and budget, as
necessary, to take into account the supplemental CDBG CARES Act allocation from the U.S.
Department of Housing and Urban Development and programmatic changes necessary to fulfill the
requirements of the CDBG CARES Act Program.
SECTION 5. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 18th day of May, 2020.
____________________________________
Robert Gonzales
Mayor
ATTEST:
____________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2020-C-24 was duly adopted by the
City Council of the City of Azusa, at a regular meeting of said City Council held on the 18th day of
May 2020, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
___________________________________
Best Best & Krieger, LLP
City Attorney