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HomeMy WebLinkAboutStaff Report 5.A 05/06/2019a�ALU Agenda Item #5.A I85$ DATE: May 6, 2019 TO: Honorable Mayor and Members of the City Council through City Manager' - FROM: Sue Castellucci, Housing Administrator SUBJECT: Public Hearing to Receive Comments on the 2019-2020 Proposed Action Plan and Adoption of a Resolution Approving the Community Development Block Grant Action Plan and Authorizing the City Manager to Sign All Documents Required by the Department of Housing and Urban Development RECOMMENDATION It is recommended that the City Council hold a public hearing to receive comments on the proposed 2019-2020 Action Plan; adopt the attached resolution and authorize the City Manager to sign all documents required by the Department of Housing and Urban Development. BACKGROUND The primary objective of the Community Development Block Grant (CDBG) program is the development of "viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income." The City of Petaluma has an "entitlement" status under the CDBG program and, as such, receives an annual allocation of funding for eligible activities. The CDBG funding allocation is made available to non-profit agencies who apply for the funding. The applications are evaluated by staff and recommendations for funding are presented for City Council review. Requests for funding for projects and programs must address not only the national objectives, but also the Council's local priorities as outlined in the proposed 2015-2020 Consolidated Plan. The document, required by the U.S. Department of Housing and Urban Development (HUD), is to serve as a five-year planning tool and as an application for federal funding. The priorities of the 2015-2020 Consolidated Plan are: • Improve housing opportunities by preserving existing affordable housing • Provide housing and services to the low-income population, including but not limited to, children, seniors, and special needs populations • Increase the supply of affordable housing • Promote housing opportunities for homeownership • Improve accessibility in public facilities and infrastructure DISCUSSION HUD determines the City's CDBG entitlement utilizing a formula based on population, poverty, housing conditions, etc. At this time, the entitlement allocations have not been announced. HUD has instructed recipients to estimate the current grant amount for the 2019-2020 allocation on prior years funding. Petaluma's allocation for FY 2018-2019 was $342,825. Since we are estimating the grant amount, all proposed activities' budgets will be proportionally increased or decreased from the estimated funding levels to match actual grant allocation amounts. Given that the City has limited funding options to offer to our local nonprofits who provide vital services and programs to our low-income households in Petaluma, many of these nonprofit housing and service providers have worked to adapt to this changing environment by economizing, downsizing, collaborating, and reinventing their organizations. Therefore, following discussions with the CDBG applicants, the funding recommendations presented to Council this year are based upon the best use of funds with the most potential for leveraging those funds with other agencies. Other conditions upon which staff recommendations are based upon are: (1) maximizing the 20% allowable administration costs to this program to fund staffing costs due to the overall shortages in other Housing Funds; (2) funding programs which provide the most basic life support services; (3) funding a minimal number of subrecipient agreements in order to minimize staff oversight and monitoring responsibilities. Attachment #2 outlines agency requests and staff recommendations. Each applicant has been notified of the public hearing and representatives from each agency have been invited to attend, present information if they wish and be available for questions from Council. As part of the application process, the City of Petaluma agrees to several CDBG certifications as required by 24 CFR 91.225. These certifications align with the City's policies, such as a Drug - Free Workplace, Anti -Lobbying, and Affirmatively Further Fair Housing. The CDBG sub - recipient agreement was updated in 2015 to provide that all HUD's regulations and certifications are passed through to our nonprofit sub -recipients. The Petaluma Block Grant application process consisted of a public notice, application packets to community agencies and other City departments, and a technical assistance workshop. At that workshop, staff presented the current fiscal situation. Five applications were received from nonprofit service providers and one application from the City's Code Enforcement division. There are two statutory restrictions on the funds: (1) a 20% cap on expenditures for program administration; and (2), a 15% cap on expenditures for "public service" activities. Program administration expenses include Block Grant staff and support services, and a share of Petaluma's commitment to the county -wide Continuum of Care program. Public services are defined as child care services, health services, drug abuse programs, services to seniors, etc. 2019-2020- Entitlement (Estimate) $ 340,000 Administration Cap 68,000 Public Service Cap 51,000 I In accordance with CDBG regulations, the City of Petaluma has published a public notice for the 2019-2020 Action Plan. The public comment period will end April 26, 2019. All comments received will be considered for the proposed CDBG 19-20 Action Plan. The Action Plan will be submitted to HUD by forty-five days after the announcement of Petaluma's Grant amount or no later than August 16, 2019. PUBLIC OUTREACH A public notice was published in the Argus Courier on January 10, 2019 announcing a community meeting and technical workshop on February 12, 2019 at 27 Howard Street. An email was sent out to all interested parties. All public notices were posted on the City's Housing webpage, in both English and Spanish. A public meeting was held on February 12, 2019. Applications were due by February 25, 2019. Another public notice, in English and Spanish, was published in the Argus Courier on March 28, 2019 announcing the proposed draft Action Plan and the programs that were proposed to be funded. Public Comment period was for 30 days and ended on April 26, 2019. FINANCIAL IMPACTS The Block Grant Program is fiscally self-sustaining. All administrative, project, and program expenditures are covered by the entitlement revenues. Once we receive the actual amount of our grant for FY 19-20, staff will update the Council on any changes made to disbursement amounts. ATTACHMENTS 1. Resolution 2. CDBG Certifications 3. CDBG funding proposals for 2019-2020 ATTACHMENT 1 Resolution Approving The Community Development Block Grant 2019 Action Plan And Authorizing The City Manager To Sign All Documents Required By The Department Of Housing And Urban Development WHEREAS, the City of Petaluma is an entitlement community under the jurisdiction of the Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG); and WHEREAS, 24 CFR 91.220 requires the City to submit an annual Action Plan, which is comprised of the community's projected use of Block Grant funds to address community needs; and WHEREAS, all projects and programs, which are proposed for funding address one or more of the national objectives of the CDBG program and the priorities of the City's 2015-2020 Consolidated Plan; and WHEREAS, a public hearing was noticed on January 10, 2019, announcing a community meeting on February 12, 2019 to get public input on the needs of the low-income community in Petaluma; and WHEREAS, per the City's Citizen Participation Plan, the City posted information on the proposed 2019-2020 Action Plan and proposed projects in the Amus Courier on March 28, 2019, and the City's website for a period of 30 days prior to this public hearing in order to receive comments from the public; and the City Council found the proposed funding plan to be consistent with the 2015-2020 Consolidated Plan. NOW, THEREFORE, BE IT RESOLVED by the Petaluma City Council as follows: 1. The Action Plan, as attached, is approved and adopted for FY 2019-2020. 2. The City Manager, or her designee, is authorized to sign all program documents required by the Department of Housing and Urban Development for the 2019-2020 Action Plan. 3. Should the actual allocation amount of the CDBG entitlement grant be different from the estimated 2019-2020 entitlement amount, the City Manager is authorized to increase/decrease each sub -recipient's allocation proportionately. 11 ATTACHMENT 2 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Anti -Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HONIE, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comely with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Specific CDBG Certifications The Entitlement Community certifies that Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFA 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFA 24 570.2 and CFA 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s)(a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Svecial Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its in jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws -- It will comply with applicable laws. Signature/ Authorized Official Date Title 2019-2020CDBG PROPOSALS Agency Project Description • Intergovernmental transfers • Code Enforcement 1 City Software • Audit • Continuum of Care • Staff Admin 2 Petaluma People Services Center 3 Rebuilding Together 4 North Bay Children's Center 5 PEP Housing 6 Committee on the Shelterless 2019-2020 TOTALS Senior Meals Rehabilitation low income properties Installation of outdoor garden classroom at McDowell School Rehab -579 Vallejo— replace windows Services for Winter Shelter ATTACHMENT 3 Funds Funds Requested Recommended $68,000 $63,000 $51,000 $51,000 $225,000 $220,675 $5,325 $5,325 $50,700 0.00 $20,000 0.00 $420,025 $340,000 Nat'l Objective N/A Suitable Living Environment Providing decent housing Suitable Living Environment Working in partnership with CDBG applicants, RTP will continue to be the City's main rehabilitation arm, coordinating suppliers and volunteers to respond to the community's rehabilitation needs. SUMMARY OF RECOMMENDATIONS 1. The City of Petaluma is allowed a maximum of $68,000 (20% of total grant) to administer the CDBG program, under the Administrative Cap rule. The administrative funds can be utilized for salaries; supplies; Block Grant's share of intergovernmental transfers; various consulting agreements, including Petaluma's share of administering the County -wide Continuum of Care Program. Additionally, the City's Code Enforcement staff has requested funding for the ongoing operation and continuing education related to the City's code enforcement software program. Total Petalumans served: N/A Staff Recommendation: $64,000 n. 2. Petaluma People Services Center (PPSC) has requested $51,000 to continue PPSC's Home Delivered Meals Program. In PPSC's application, it was projected that $167,240 of other funds will be used for their Meals on Wheels program to provide this valuable sei vice. Through the Home Delivered Meals program, which operates every day of the year, homebound seniors receive a daily hot meal and security check, nutritional assessments, and, when needed, individualized counseling by a registered dietician. Meals are cooked on weekdays at the PPSC newly renovated commercial kitchen, located in the senior Center at 211 Novak Drive. On weekends PPSC purchases meals prepared by Petaluma Valley hospital. Meals are delivered seven days a week by caring PPSC volunteers. Due to increased demand and reduced funding, there is a waiting list to provide their Meals on Wheels service to seniors that need it. Total Meals Delivered: 33,000 Staff Recommendation: $51,000 3. Rebuilding Together Petaluma (RTP) requested $225,000 to serve as the City's rehabilitation arm. RTP, previously funded from the PCDC Low -Mod housing set-aside, is in its 23rd year of providing much needed, free of charge, home repair, home modifications (for disabled persons), and water and energy efficient services to low and very low-income homeowners and renters, as well as repairs and major maintenance on nonprofit facilities. Because of budget cuts, the City no longer has the staff capability to responsibly administer many small contracts. During the year, Rebuilding Together will utilize skilled and unskilled labor valued at $487,000 and other grants and donations totaling $198,325 to get the work done. RTP will be coordinating with other nonprofits to address the rehabilitation requests from our low-income community. This year Rebuilding Together Petaluma will use the funds to make much needed repairs to shelters leased to COTS. Because they use volunteer workers and donated materials, RTP is able to greatly leverage CDBG's limited funds. Total number of persons served: 40 households and 60 home repair projects; Staff Recommendation: $220,675 4. North Bay Children's Center (NBCC) requested $5,325 to install an outdoor garden classroom at McDowell preschool site as part of their successful Garden of Eatin' program which provides daily nutrition education and fresh produce to all preschool children and their families. Installation of a nature -based play area for the McDowell preschool program will be an intentionally -designed outdoor play and learning environment to facilitate all -natural play, exploration and innovation for preschool children. Total number of persons served: 32 households Staff Recommendation: $5,325 I 5. PEP Housing requested $50,700 to install new windows and repaired window trim on all windows at their 579 Vallejo Street property. The project is estimated to be $50,700. This property has a Replacement Reserve fund for capital improvements and deferred maintenance in the amount of $162,093, which could be utilized for this project. Total Number of persons served 40 households Staff Recommendation: 0.00 6. Committee on the Shelterless requested $20,000 to increase their capacity by 30 beds at the Mary Isaak Center for a Winter Shelter. This funding would fall into the service category for CDBG funds, which only represent 15% of the CDBG allocation of which PPSC's Meals on Wheels program has historically been funded. This request has been allocated in the proposed 19-20 budget using other housing funds. Total Number of persons serviced 30 persons Staff Recommendation: 0.00 10