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CC Resolution No. 20-067 Approving the Substantial Amendments to the FY 2019-20 Annual Action Plan, FY 2015-20 Consolidated Plan, and Citizen Participation Plan to Provide Funding for the COVID-19 Small Business Relief Grant Program, Which is an Eligible RESOLUTION NO. 20-067 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE SUBSTANTIAL AMENDMENTS TO THE FY 2019-20 ANNUAL ACTION PLAN, FY 2015-20 CONSOLIDATED PLAN, AND CITIZEN PARTICIPATION PLAN TO PROVIDE FUNDING FOR THE COVID-19 SMALL BUSINESS RELIEF GRANT PROGRAM, WHICH IS AN ELIGIBLE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ACTIVITY IN RESPOND TO COVID-19 WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the CDBG Program; and WHEREAS, the City of Cupertino wishes to apply for funds as an Entitlement Jurisdiction under said Act; and WHEREAS, the Coronavirus Aid, Relief and Economic Security Acts (CARES Act) (H.R. 748), which provided $5 billion to the CDBG program to rapidly respond to the COVID-19 pandemic, was signed into law on March 27, 2020. WHEREAS,with the passage of the CARES Act, the City has been allocated $229,017 in CDBG Coronavirus (CDBG-CV) funds for COVID-19 response activities. To access these CDBG-CV funds, HUD is requiring the City to substantially amend its FY 2015-2020 Consolidated Plan, its FY 2019-2020 Annual Action Plan, and its CPP (Exhibit A). WHEREAS, on May 19, 2020, the Cupertino City Council approved an allocation of$229,017 of Cupertino's future CDBG funds made available through the Federal stimulus CARES Act towards the creation of a Small Business Relief Grant Program. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the attached substantial amendments to the FY 2019-20 Annual Action Plan, FY 2015-20 Consolidated Plan, and Citizen Participation Plan to provide funding for the Covid-19 Small Business Relief Grant Program,which is an eligible HUD activity in respond to COVID-19. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June, 2020, by the following vote: i i I I Resolution No. 20-067 Page 2 Vote Members of the City Council AYES: Scharf, Paul, Chao, Sinks, Willey NOES: None ABSENT: None ABSTAIN: None SI D: Steven Scharf, Mayor Date City of Cupertino ATTEST: Kirsten Squarcia, City Clerk Date CUPERTINO Substantial Amendments to HUD FY 2015-2019 Consolidated Plan,FY 2019-2020 Annual Action Plan, and Citizen Participation Plan The substantial amendments to the City of Cupertino's HUD-approved FY 2015-2020 Consolidated Plan, 2019-20 Annual Action Plan, and Citizen Participation Plan (CPP) addresses the community needs resulting from the COVID-19 pandemic. The City of Cupertino, as an entitlement jurisdiction, is required by the U.S. Department of Housing and Urban Development (HUD)to submit a five-year Consolidated Plan,Annual Action Plans, and CPP in order to receive annual federal Community Development Block Grant(CDBG) funds that the City utilizes to address community development needs. Background The Coronavirus Aid, Relief and Economic Security Acts (CARES Act) (H.R. 748), which provided $5 billion to the CDBG program to rapidly respond to the COVID-19 pandemic, was signed into law on March 27, 2020. With the passage of the CARES Act, the City of Cupertino has been allocated $229,017 in CDBG Coronavirus (CDBG-CV) funds for COVID-19 response activities. To access these CDBG-CV funds, HUD is requiring the City to substantially amend its FY 2015-2020 Consolidated Plan, its FY 2019-2020 Annual Action Plan, and its CPP. The substantial amendments to these documents are explained in detail on subsequent pages of this document. 1 The CARES Act, in order to prevent the spread of COVID-19 and mitigate its health and economic impacts, also provided specific waivers and permitted flexibility in CDBG program requirements that include suspending the 15 percent cap on funding public services,reducing the public comment period from 30 to 5 days (please see CPP below), and allowing the option of virtual meetings in lieu of in-person public hearings in order to comply with national and local social gathering requirements. i Citizen Participation Plan The City's CPP is critical in ensuring that Cupertino residents are provided the opportunity to provide input and comment on the Consolidated Plan and Annual Action Plans. The CPP provides requirements for the public process when a"substantial amendment"to the Annual Action Plan is proposed. The following changes constitute a substantial amendment and require a ° 30-day public notice as described in the CPP: 1. Changes in the use of CDBG funds from one eligible activity to another; 2. Changes in the method of distribution of such funds; 3. Changes in policy or goals and objectives; and 4. Other similar changes. The amendments proposed to the 2015-2020 Con Plan and 2019-2020 Annual Action Plan fall under category 3 described in the CPP. However, due to COVID-19, HUD has issued guidance that waives the CPP requirements for entitlement recipients, provided that(1)no fewer than five a days are provided for public comment and that(2)reasonable notice and the opportunity to �Y comment is provided. Public Process The City is providing notice of a five-day public comment period as part of the HUD public participation exemption process. The 5-day comment period for the Substantial Amendments is May 27tb through June 2nd. The Substantial Amendments are posted on the City's website to solicit Cupertino residents' input and comments. Additionally, one"virtual"public hearing will be held to provide opportunities for public comment: • June 2, 2020—City Council consideration of Substantial Amendments adoption, 6:45pm, Virtual Meeting,which can be found here: https:Hcupertino legistar com/DepartmentDetail.aspx?ID=22534&GUID=759DE527- B7CF-4B4C-88AB-B83875AB732D&Mode=MainBody. • Related documents can also be viewed on the City's CDBG website: https•//www cupertino or our-city/departments/community- development/housing/community-development-block-grant-program Conunents may also be provided to Kerri Heusler, Housing Manager,by email (KerriH a,cupertino.org), phone(408-777-3251) or in writing addressed to: City of Cupertino ATTN: CDBG Community Development Department 10300 Torre Ave Cupertino, CA 95014 Substantial Amendment to FY 2015-2020 Consolidated Plan The FY 2015-2020 Consolidated Plan is substantially amended to allocate CDBG-CV Rinds. SP-25 Priority Needs In addition to the priority needs specified in the Consolidated Plan, the City would include Economic Development as a priority need to provide economic development assistance to small businesses within the City. The Economic Development priority need will be added as priority need number 5 in Table 73 of the 2015-2020 Consolidated Plan. Table 73 - Priority Needs Summary Sort Priority Priority Description Population Goal Basis for Relative Order Need Level Priority 1 Affordable High Nearly one-third of Income Level: Assist in Qualitative Housing households(32 percent . Extremely Low the creation feedback collected or 10,155)in the City are • Low and through the LMI with incomes . Moderate preservatio regional forums ranging from 0-80%area n of and regional needs median income(AMI). Family Types: affordable survey,which were housing for substantiated by As stated in the Needs • Large Families low income quantitative data Assessment,cost burden • Families with and special reported in the is the most common Children needs Needs Assessment housing problem,with • Elderly households. and Market 32 percent of households Analysis,served as in the City experiencing Homeless: the basis for either cost burden or . Chronic prioritization. severe cost burden. Homelessness Among owner . Individuals Energy efficiency, households,32 percent Families with water conservation, are cost burdened and 13 Children and greenhouse gas percent are severely cost . Mentally Ill reduction are all burdened.Among renter . Chronic growing policy households,36 percent Substance concerns for the are cost burdened and 18 Abuse City.The City will percent are severely cost . Veterans continue to support burdened. . Persons with environmentally- HIV/Aids sustainable The Housing Authority . Victims of residential of the County of Santa development, j Clara assists Domestic particularly for approximately 17,000 Violence affordable housing households countywide • Unaccompanied stock. through the federal Youth Section 8 Housing Non-homeless Choice Voucher program Special Needs: (Section 8).The Section . Elderly 8 waiting list contains . Frail Elderly 21,256 households—an . Persons with estimated 10-year wait. Mental Disabilities • Persons with Physical Disabilities • Persons with Alcohol or Other Addictions • Persons with HIV/AIDS and their Families • Victims of Domestic Violence 2 Homelessne High The Santa Clara region is Income Level: Support Qualitative ss home to the fourth- 0 Extremely Low activities to feedback collected largest population of • Low prevent and through the homeless individuals • Moderate end regional forums (6,681 single homelessne and regional needs individuals),90 and the Family Types: ss. survey,which were highest percentage of substantiated by unsheltered homeless of ' Large Families quantitative data any major city(75 • Families with reported in the percent of homeless Children Needs Assessment people sleep in places • Elderly and Market unfit for human Analysis,served as habitation). Homeless: the basis for • Chronic prioritization. Homelessness • Individuals Families with Children • Mentally Ill • Chronic Substance Abuse • Veterans • Persons with HIV/Aids • Victims of Domestic Violence • Unaccompanied Youth Non-homeless Special Needs: • Elderly • Frail Elderly • Persons with Mental Disabilities • Persons with Physical Disabilities • Persons with Alcohol or Other Addictions • Persons with HIV/AIDS and their Families • Victims of Domestic Violence 3 Community High Consolidated Plan forum Income Level: Support Qualitative Services and and survey participants • Extremely Low activities feedback collected Public emphasized the need to . Low that through the Improvemen support a broad range of • Moderate strengthen regional forums is community services. neighborho and regional needs Low income households Family Types: ods. survey,which were and special needs • Large Families substantiated by populations require a • Families with quantitative data multifaceted network to Children reported in the address basic needs such . Elderly Needs Assessment as food,clothing,health, and Market and shelter,as well as Non-homeless Analysis,served as other services outlined in Special Needs: the basis for NA-50 Non-Housing • Elderly prioritization. Community • Frail Elderly Development Needs. • Persons with Mental Additionally,community Disabilities forum and survey • Persons with i participants expressed Physical the need for ongoing Disabilities maintenance and • Persons with upgrades to local public Alcohol or facilities,such as parks, Other community centers, Addictions youth and senior centers, . Persons with sidewalks and lighting, HIV/AIDS and recreation facilities,and their Families others. • Victims of Domestic Violence • Non-housing Community Development 4 Fair High Fair housing represents Income Level: Promote Qualitative Housing an ongoing concern in • Extremely Low fair feedback collected the County. Of the • Low housing through the 1,472 total survey • Moderate choice. regional forums respondents, 192(16 and regional needs percent)said they have Family Types: survey,which were experienced some form substantiated by • Large Families of housing • Families with quantitative data discrimination.The reported in the majority of respondents Children Needs Assessment 29percent)who 0 Elderly and Market experienced • Public Housing Analysis,served as discrimination indicated Residents the basis for that race was the primary prioritization factor for that Homeless: discrimination. • Chronic Additionally,66 percent Homelessness indicated they were • Individuals discriminated against by Families with a landlord or property Children manager.Interviews • Mentally Ill with local service . Chronic providers indicate that Substance many home seekers and Abuse landlords are unaware of • Veterans federal and state fair housing laws • Persons with HIV/Aids • Victims of Domestic Violence • Unaccompanied Youth Non-homeless Special Needs: • Elderly • Frail Elderly • Persons with Mental Disabilities • Persons with Physical Disabilities • Persons with Alcohol or Other Addictions • Persons with HIV/AIDS and their Families • Victims of Domestic Violence 5 Community High Grant program that Income Level: Economic In response to the Developmen avoids job loss caused by • Extremely Low Developme COVID-19 t Needs— business closures related • Low nt pandemic, COVID-19 to social distancing by • Moderate economic Response providing short-term development is a working capital high priority need assistance for operating within the costs(employees' community. salaries,tenant space rent/lease,and/or utilities)to small businesses to enable retention and/or rehiring of jobs. SP-35 Anticipated Resources $229,017 in CDBG-CV funds is identified as additional financial resources in Table 76— Anticipated Resources. SP-45 Goals Summary A new Consolidated Plan goal is added. Goal#5: Economic Development Table 79 —Goals Summary Sort Goal Name Start End Category Geographic Needs Funding Goal Order Year Year Area Addressed Outcome Indicator 1 Affordable 2015 2020 . Affordable N/A Affordable CDBG: Rental units Housing Housing Housing $969,595 rehabilitated: 12 Housing Units 2 Homelessness 2015 2020 • Homeless N/A Homelessness CDBG: Public $80,000 service i activities other than for low/mod income housing benefit: 340 Persons Assisted 3 Strengthen 2015 2020 . Non-housing N/A Community CDBG: Public Neighborhoods Community Services and $269,332 service Development Public activities Non- . Improvements other than Homeless for low/mod Special income Needs housing benefit: 44 Persons Assisted Public facility or infra- structure activities other than for low/mod income housing benefit: 17 Persons Assisted 4 Fair Housing 2015 2020 . Non- N/A Fair Housing CDBG: Public Housing $26,933 service Community activities Development other than for low/mod income housing benefit: 45 persons assisted 5 Community 2019 2020 . Economic N/A Economic CDBG-CV Up to 10 Development Development Development $183,213.60 small Needs— business COVID-19 grants will Response be provided to a maximum of 10 qualified businesses. t Substantial Amendment to FY 2019-2020 Annual Action Plan The FY 2019-2020 Annual Action Plan is substantially amended to allocate CDBG-CV funds to the following eligible activities that prevent and respond to the spread of COVID-19. AP-15 Expected Resources $229,017 in CDBG-CV funds is identified as additional financial resources. AP-20 Goals A new Action Plan goal is added. Goal#5: Support disaster response and recovery activities in the event of a local, state, or national disaster or emergency, such as the COVID-19 pandemic. Table 7- Goals Summa Sort Goal Name Start End Category Geographic Needs Funding Goal Outcome Order Year Yea Area Addressed Indicator r 1 Affordable 2015 2019 Affordable Citywide Affordable CDBG: Rental units Housing Housing Housing $245,185.20 Rehabilitated: 5 Homeowner Housing Rehabilitated: 7 2 Homelessness 2015 2019 Homeless Citywide Homelessness CDBG: Public service $35,646.16 activities other than Low/Moderate Income Housing Benefit 100 Persons Assisted 3 Strengthen 2015 2019 Non-Housing Citywide Community CDBG: Public service Neighborhoo Special Services and $20,935.04 activities other than ds Needs Non- Public Low/Moderate Housing Improvement Income Housing Community s Benefit: 21 Persons Development Assisted 4 Fair Housing 2015 2019 Non-Housing Citywide Fair Housing CDBG:$0 Public service Community activities other than Development Low/Moderate Income Housing Benefit: 15 Persons Assisted 5 Community 2019 2019 Economic N/A Economic CDBG-CV Up to 10 small Development Development Development $183,213.60 business grants will Needs— be provided to a COVID-19 maximum of 10 Response qualified 9 businesses. p AP-35 Projects The following COVID-19 related activities are proposed to be funded with the City's CDBG-CV funds. The proposed activities meet one of the three National Objectives as required by CDBG regulations: • Benefit low- and moderate-income persons; • Aid in the prevention or elimination of slums or blight; or • Meet an urgent need. The new proposed program is the Economic Development Small Business Relief Grant Program. The Program is designed to assist businesses through the provision of financial assistance. Maximum assistance under the program is up to $10,000 per grant. Recipients will be required to ensure that at least one permanent full-time equivalent position is retained/created for low- and moderate-income persons. Activity CDBG-CV National Objective CDBG Matrix Amount Code Economic $183,213.60 Low/Mod Job Creation 17 D, 18A** Development or Retention(LMJ)* Small Business Relief Grant Program Administration $45,803.40 Total $229,017.00 *Must meet requirements of 24 CFR 570.208(a)(4) **Matrix codes are used to indicate but do not establish activity eligibility in accordance with the CDBG program regulations 24 CFR 570.201-207. Substantial Amendment to Citizen Participation Plan A new section, Citizen Participation Requirements in State of Emergency, with the following language will be added to the City of Cupertino's current Citizen Participation Plan in order to streamline the funding allocation process and reduce delays in accessing HUD funding during a state of emergency. The City of Cupertino shall comply with all U.S. Department of Housing and Urban Development(HUD) memorandums and notices that transmit citizen participation requirements in the event of a local, state, or national emergency or disaster. In order to secure and access new HUD funding and/or re-allocate existing HUD funding to allow the City to respond to the state of emergency in the most expeditious manner, such HUD memorandums and notices automatically supersedes any conflicting provisions of the Citizen Participation Plan, and therefore no formal amendment is required when such emergency memorandums and notices are in effect. i a' i i 1