HomeMy WebLinkAbout60A - AMEND COVID-19 RESPONSE FUNDINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 18, 2020
TITLE:
ADOPT A FIRST AMENDMENT TO THE
COVID-19 RESPONSE FUNDING PLAN;
AUTHORIZE APPROVAL OF
AGREEMENTS TO IMPLEMENT THE
PLAN; APPROVE AN APPROPRIATION
ADJUSTMENT RECOGNIZING $11,598,442
OF EMERGENCY SOLUTIONS GRANTS
PROGRAM COVID-19 FUNDS
(NON -GENERAL FUNDS)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 111 Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
Ifiel0191►111al III I
/s/Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Adopt a First Amendment to the COVID-19 Response Funding Plan for the allocation,
administration and implementation of federal and state funding to respond to the coronavirus
(COVID-19) pandemic to add $11,598,442 Emergency Solutions Grant Coronavirus Funds,
subject to adjustment by the City Manager as needed in response to shifting needs and
priorities not to exceed the amount of funds available (First Amendment to COVID-19
Response Funding Plan).
2. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations,
execute agreements, and approve any other required actions necessary with various service
providers, contractors, and sub -recipients, who will implement the First Amendment to the
COVID-19 Response Funding Plan, subject to non -substantive changes approved by the City
Manager and City Attorney.
3. Approve an appropriation adjustment recognizing a second allocation of Emergency Solutions
Grants Program Coronavirus funds from the U.S. Department of Housing and Urban
Development in the amount of $11,598,442 in revenue account No. 13518002-52000 and
appropriating same to expenditure account Nos. 13518789-various.
DISCUSSION
On April 21, 2020, City Council adopted a COVID-19 Response Funding Plan for the allocation,
administration and implementation of $6,486,644 in federal and state funding to respond to the
coronavirus (COVID-19) pandemic including $1,385,224 in state Homeless Housing, Assistance
and Prevention Program COVID-19 Funds, $3,374,017 in federal Community Development Block
Grant Coronavirus Funds, and $1,727,403 in federal Emergency Solutions Grant Coronavirus
Funds. Each federal and state grant source has its own state and federal requirements for
60A-1
Adopt First Amendment to COVID-19 Response Funding Plan
August 18, 2020
Page 2
compliance purposes. On June 9, 2020, the U.S. Department of Housing and Urban
Development (HUD) awarded the City with a second allocation of ESG-CV program funds in the
amount of $11,598,442 as authorized by the CARES Act (Exhibit 1). In compliance with the
federal regulations, these federal ESG-CV2 funds are to be used to prevent, prepare for, and
respond to COVID-19 among individuals and families who are homeless or receiving homeless
assistance and to support additional homeless assistance and homelessness prevention
activities to mitigate the impacts of COVID-19.
To most effectively address the needs of the community while complying with the eligible uses for
this source of federal funds, staff has identified the following four general activities for the use of
these funds:
1. Operating costs to start up the Year -Round Homeless Navigation Center and
Recuperative Care Facility at 1815 Carnegie Avenue
2. Operating costs to extend the interim 200-bed shelter at The Link beyond October 31,
2020, while the new Homeless Navigation Center on Carnegie Avenue is under
development
3. Eviction Prevention for Very -Low Income Families until August 2022 (Santa Ana Zero
Eviction Program)
4. Eviction Defense Fund for Very -Low -Income Families qualified under Santa Ana Zero
Eviction Program
5. Administrative Costs Allowance
The costs to start-up the Year -Round Homeless Navigation Center and Recuperative Care
Facility at 1815 Carnegie Avenue consist of payment to Illumination Foundation for on -going
operations and services that will be provided. This is the same for the extension of the Link
beyond October 31, 2020. In regards to the Eviction Prevention for Very -Low Income Families
until August 2022, staff are tentatively referring to this program as the Santa Ana Zero Eviction
Program, or Safely Home in Santa Ana as another possible name. The goal of this program is to
ensure that no very -low income families are evicted for non-payment of rent in the City of Santa
Ana until August 2022, the expenditure deadline for this source of funds.
Following a procurement process, staff plans to enter into an agreement with a single nonprofit
organization to provide assistance to any very -low income family who has been notified in writing
that their right to occupy their current housing unit will be terminated. The partner organization
will be required to income qualify the family as a very -low income household earning no more
than 50% of the Area Median Income in compliance with the federal regulations for this source of
funds. If the family is eligible and has been notified in writing that their right to occupy their
apartment will be terminated, the City will be able to provide rental assistance paid to the family's
landlord to ensure that the family remains stably housed.
For the Eviction Defense Fund, if a landlord refuses to accept payment by the City through this
program, the law firm contracted by the City for this program will provide legal services to the
family to require the landlord to accept payment. The City will seek to inform the Court, in
partnership with the contracted law firm, that the City has funds available to pay off the family's
rent owed under their lease agreement such that the family not be legally evicted. The outcome
60A-2
Adopt First Amendment to COVID-19 Response Funding Plan
August 18, 2020
Page 3
we intend to achieve is that zero very -low income families will be evicted for nonpayment of rent
in the City of Santa Ana during and after this pandemic is over, until at least August 2022.
These five general activities have been consolidated into a First Amendment to the COVID-19
Response Funding Plan adopted by City Council (Exhibit 2). The Plan provides more details on
each activity that is proposed to be carried out with each source of funds. However, the Plan is
subject to adjustment as needed in response to shifting needs and priorities so long as the
amount of funds does not exceed the amount available. For example, staff may need to change
one eligible activity to another eligible activity because there are insufficient funds in that activity
account to fully carry it out, or there is less need for funding in one activity relative to another
activity. Staff may also need to remove or replace an eligible activity entirely without returning to
City Council for approval. The Plan may be adjusted in response to shifting needs and priorities
to most effectively respond to the COVID-19 pandemic on behalf of the community, but the
amount of funds available for expenditure of these new ESG-CV2 funds will not exceed
$11,598,442.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $11,598,442 in the Emergency Solutions
Grants-Coronavirus revenue account (no. 13518002-52000) for expenditure as follows:
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit -Account
Description
Account Description
FY 20-21
13518789-
Emergency
(Oct-
Solutions Grant—
ESG-CV2
$5,525,701
June)
various
Coronavirus
FY 21-22
135ious
Emergency
(July-
Solutions Grant—
ESG-CV2
$6,072,741
June)
various
Coronavirus
Total Expenditures
$11,598,442
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management
Services Agency
Submitted By: Steven A. Mendoza, Executive Director — Community Development Agency
Exhibits: 1. ESG-CV Second Allocation Letter from HUD
2. First Amendment to COVID-19 Response Funding Plan
60A-3
o � NE�NpiNF N
�` ��9/Lyry�OO * o U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
IIIIIIIi WASHINGTON, DC 20410-7000
ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
June 9, 2020
The Honorable Miguel A. Pulido
Mayor of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701-4058
Dear Mayor Pulido
I am pleased to inform you of the second allocation of Emergency Solutions Grants (ESG)
Program funds HUD is awarding to your jurisdiction in the amount of $11,598,442, as authorized
by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136.
These special ESG-CV funds are to be used to prevent, prepare for, and respond to the coronavirus
pandemic (COVID-19) among individuals and families who are homeless or receiving homeless
assistance; and to support additional homeless assistance and homelessness prevention activities to
mitigate the impacts of COVID-19.
President Trump signed the CARES Act on March 27, 2020 to help the Nation respond to the
coronavirus outbreak. The CARES Act made available an additional $4 billion in ESG-CV funds to
supplement the Fiscal Year (FY) 2020 ESG funding provided under the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94). Of this amount, the Department previously
allocated $1 billion for ESG-CV grants based on the FY 2020 ESG formula and set aside $40
million for technical assistance.
An additional $2.96 billion in funding for ESG-CV grants is now being allocated directly to
States or units of local government by a separate formula developed by the Secretary. The formula
approved by the Secretary includes variables that quantify the population currently experiencing and
at risk of homelessness, including:
• Total Homeless Population
• Unsheltered Homeless Population
• Total Very Low Income (VLI) Renters
• VLI Renters that are Overcrowded or without a Kitchen or Plumbing
The variables were further weighted to adjust for fair market rents. HUD's formula methodology
for this second allocation can be found at
hitps://www.hud.gov/sites/dfiles/CPD/docutnents/ESG CARES Act Round 2 Allocation Metho
dologv rev.ndf
w .hud.gov espanol.hud.gov
60A-4
As with the first allocation, this second allocation of ESG-CV funds is subject to the
following flexibilities and conditions provided by the CARES Act:
• The funds may be used to cover or reimburse allowable costs incurred by a State or
locality before the award of funding (including prior to the signing of the CARES Act) to
prevent, prepare for, and respond to COVID-19;
• The funds are not subject to the spending cap on emergency shelter and outreach under 24
CFR 576.100(b)(1);
• Up to 10 percent of funds may be used for administrative costs, as opposed to 7.5 percent
as provided by 24 CFR 576.108(a);
• The funds are exempt from the ESG match requirements, including 24 CFR 576.201;
• The funds are not subject to the consultation and citizen participation requirements that
otherwise apply to the Emergency Solutions Grants, however each recipient must publish
how its allocation has and will be used, at a minimum, on the Internet at the appropriate
Government web site or through other electronic media;
• The funds may be used to provide homelessness prevention assistance (as authorized
under 24 CFR 576.103 or subsequent HUD notices) to any individual or family who does
not have income higher than HUD's Very Low-hicome Limit for the area and meets the
criteria in paragraphs (1)(ii) and (1)(iii) of the "at risk of homelessness" definition in 24
CFR 576.3;
• That recipients may deviate from applicable procurement standards when using these
funds to procure goods and services to prevent, prepare for, and respond to coronavirus,
notwithstanding 24 CFR 576.407(f) and 2 CFR 200.317-200.326;
• While we encourage you to offer treatment and supportive services when necessary to
assist vulnerable homeless populations, individuals and families experiencing
homelessness must not be required to receive treatment or perform any other prerequisite
activities as a condition for receiving shelter, housing, or other services for which these
funds are used, notwithstanding 24 CFR 576.401(e).
In addition, the Act authorizes the Secretary to grant waivers of and specify alternative
requirements for statutes and regulations the Secretary administers in connection with the use of
ESG funds (except for requirements related to fair housing, nondiscrimination, labor standards, and
the environment). These waivers and alternative requirements can be issued when necessary to
expedite and facilitate the use of funds to prevent, prepare for, and respond to coronavims. HUD
has made available the following waivers that are applicable to ESG-CV funding:
• CPD Memo: Availability of Additional Waivers for CPD Grant Programs to Prevent the
Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 (5/22/2020)
o Waiver Applicability to ESG-CV -Made all ESG waivers provided in 3/31/2020
memo applicable to ESG-CV
60A-5
o Housing Stability Case Management — Original waiver (see below) is extended an
additional 3 months beginning on the date of the memorandum (5/22/2020)
• CPD Memo: Availability of Waivers of CPD Grant Program and Consolidated Plan
Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts
Caused by COVID-19 for CoC, ESG, and HOP WA (3/31/2020)
o HMIS Lead Activities - Allows any recipient to use ESG funds to pay costs of
upgrading or enhancing its local HMIS to incorporate data on ESG Program
participants and ESG activities related to COVID-19
o Re-evaluations for Homelessness Prevention Assistance - For up to the 2-year
period beginning on the date of the waiver memorandum (3/31/2020), the required
frequency of re-evaluations for homelessness prevention assistance under section
576.401(b) is waived
c Housing Stability Case Management - For the 2-month period beginning on the date
of the waiver memorandum (3/31/2020), the required frequency of housing stability
case management for homelessness prevention and rapid re -housing assistance is
waived
o Restriction of Rental Assistance to Units At or Below FMR - For the 6-month
period beginning on the date of the waiver memorandum (3/31/2020), the FMR
restriction is waived for any individual or family receiving Rapid Re -housing or
Homelessness Prevention assistance who executes a lease for a unit
The Department is developing a notice that will further lay out the CARES Act provisions and
other waivers and requirements to enable swift implementation of ESG-CV grants. This notice and
any subsequent notices of waivers and alternative requirements will be made available on HUD's
website and distributed to recipients. The Department will also support recipients with technical
assistance.
As your jurisdiction continues to develop its plan to use these grant funds, HUD encourages
approaches that prioritize the unique needs of persons experiencing homelessness and the
development of partnerships between all levels of government and the private for -profit and non-
profit sectors. Your jurisdiction should coordinate with State and local health authorities as you
support state or local pandemic response. HUD encourages you to share successes that may help
other recipients. Like other supplemental funding, ESG-CV grants are subject to oversight and
tracking. We look forward to working with you to achieve the best possible outcomes for people
experiencing and at risk of homelessness and to prevent fraud, waste, and abuse.
Importantly, proper reporting in the Integrated Disbursement and Information System (IDIS)
and Homeless Management Information Systems (HMIS) is critical to ensuring recipients are
complying with program requirements and policies, providing demographic and income
information about the persons who benefit from funded activities, and allowing HUD to monitor
recipients. Your jurisdiction's ongoing attention is essential to ensuring complete and accurate
reporting of performance measurement data.
. 1 M
All ESG recipients must ensure they maintain active Dun and Bradstreet Numbering System
(DUNS) numbers in the System for Award Management (SAM) system. Entities must have an
active and unexpired DUNS before execution of grant agreements to avoid delays in the obligation
of funds which will delay your ability to drawdown funds in IDIS. Recipients are required to
maintain an active SAMs registration by re -activating their DUNS number annually in the SAM
system for the entire drawdown period of their grants. DUNS numbers can be registered and
renewed each year at the following website: https://www.sam.gov/SAM/.
HUD's Office of Community Planning and Development (CPD) is looldng forward to
working with your jurisdiction to successfully meet the urgent and complex challenges faced by our
communities. If you or your staff have questions, please contact your local CPD Field Office
Director or CPDOuestionsAnswered@hud.gov.
Sincerely,
A6&
John Gibbs
Acting Assistant Secretary
for Community Planning and Development
U.S. Department of Housing and Urban Development
60A-7
MINIMUM
First Amendment to COVID-19 Response Funding Plan
As of August 18, 2020
To prevent, prepare for, and respond to the coronavirus (COVID-19) among individuals
NEW - Emergency Solutions Grant Coronavirus Round 2 Funds
and families who are homeless or receiving homeless assistance; and to support
(ESG-CV2)
additional homeless assistance and homelessness prevention activities to mitigate the
impacts of COVID-19.
Total
General Description
Detailed Description
Operating costs to start up the Year -Round Homeless
$ 3,673,851
Navigation Center and Recuperative Care Facility at 1815
Carnegie Shelter
Carne ie Avenue
Extension of the interim 200-bed shelter at The Link
1,000,000
beyond October 31, 2020, while the new Homeless
Extension of the Link beyond October 31, 2020, including overlap of operating time for the
Navigation Center on Carnegie Avenue is under
Carnegie Shelter
develo ment
5,514,747
Eviction Prevention for Very -Low Income Families until
Homelessness Prevention / Eviction Prevention eligible ESG activities. Prevention of
Au ust 2022 Santa Ana Zero Eviction Pro ram
evictions for ve low-income families until Au ust 2022.
Evicts
Evicti on Defense Fund far Very -Low Income Families
If a landlord refuses to accept payment by the City through the Santa Ana Zero Eviction
250,000
! under Santa Ana Zero Eviction Program
qualfifanmIV
Program, the law firm contracted by the City for this Fund will provide legal services to the
to require the landlord to accept payment.
1, 159,844
Administrative Costs Allowance CDA
Recipients can use up to 10%ofthe allocation for administrative purposes.
$ 11,598,442Total
Available Funds(2 years from date of Grant Agreement - 2022)
Homeless Housing, Assistance and Prevention Program COVID-19
To protect the health and safety of homeless populations and reduce the spread of the
Funds (HHAP COVID-19)
COVID-19 outbreak.
Total
General Description
Detailed Description
Tenant improvements to start up the new permanent
$ 885,224.00
emergency shelter sooner than planned for COVID-19
Carnegie Shelter
homeless response
$ 201,447.16
Servicing the trailers from the State of CA
Retrofit and maintenance of the trailers by Mike Thompson RV and removal of black
wastewater by A&J Portables.
$ 205,000,00
Servicing the trailers from the State of CA
Services for the trailers including janitorial services by (clean and security services by Santa
Ana Security Services.
$ 21,364.93
Servicing the trailers from the State of CA
Generators for the trailers
$ 65,199.00
Utilities at the Trailers
Set-up of electrical infrastructure at the trailers provided by Lead Electric
$ 3,425.56
Servicing the trailers from the State of CA
Supplies
$ 3,787.50
Servicing the trailers from the State of CA
Weed Abatement
$ 1,385,448
Total Available Funds
Community Development Block Grant-Coronavirus Funds (CDBG-CVJ
To prevent, prepare for, and respond to the coronavirus (COVID-19).
Total
General Description
Detailed Description
Proposed amendment to public services contract with the Salvation Army, Community Action
$ 1,610,435
Expansion of Emergency Rental Relief Fund
Partnership and Catholic Charities to assist more renters impacted by COVID-19 who are
unable to pay their rent due to loss of income.
Emergency Rental Relief Fund
Public services contact with the Salvation Army, Community Action Partnership and Catholic
500,000
Salvation Amy (209506) Cathalic Charities
Charities to assist renters impacted by COVID-19 who are unable to pay their rent due to loss
(209507) Community Action Partnership
of income.
(2095081
500,000
Economic Development -Small Business Incentive
Expansion of City -run Small Business Incentive Program to provide additional loans and
Program 209501
rants.
Screening and testing operation in partnership with Alta Med, a non-profit medical services
250,000
ALTA-Med COVID-19 Evaluation Center(209503)
provider. Testing,diagnosis, or other services at a fixed location. Grant agreementwlth
ALTAMed for up to two weeks oftesting for Santa Ana residents.
113,780
Food Distribution for Seniors and/or Residents(209505)
Grant agreementwlth Meals on Wheels SeniorSery to supportfaod distribution to seniors
62,400
Food Distribution for Seniors and/or Residents -Traffic
MOU between City and PWAto contract outwith CA Barricades to provide traffic control
Control (2095041
services for food tlistribution servivices provided bV nonprofits in the community
Recipients can use up to 20%of the allocation for administrative purposes. Staff used 10 %
337,402
Administrative Costs Allowance (CDA) (209500)
instead of the 20%that is allowed in order to contribute a total of $337,402 in eligible grant
administrative expenses to COVID-19 response.
$ 3 374 017
Total Available Funds (Expenditure Deadline: July 24, 2026
To prevent, prepare for, and respond to the coronavirus (COVID-19) among individuals
Emergency Solutions Grant Coronavirus Funds
and families who are homeless or receiving homeless assistance; and to support
(ESG-CV)
additional homeless assistance and homelessness prevention activities to mitigate the
impacts of COVID-19.
Total
General Description
Detailed Description
Operating cost to start up the new permanent emergency
$ 1,353,700
shelter sooner than planned for COVID-19 homeless
Carnegie Shelter
response
200,9fi3
Extension of the Link
Extension of the Link beyond October 31, 2020, including overlap of operating time for the
Carne is Shelter
172,740Administrative
Costs Allowance CDA 20760fi
Reci Tents can use up to 10%ofthe allocation for administrative purposes.
$ 1,727,403Total
Available Funds (Expenditure Deadline: July23, 2022)
3 19.085,310 TOTAL
60A-9