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HomeMy WebLinkAbout01. Consider & Apprv CDBG Covid-19 Resident & Business Assist ProgramsItem No. APPROVED BY CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCT OBER 13, 2020 SUBJECT: FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT CI-1 9 RESIDENT AND BUSINESS ASSISTANCE PROGRAMS RECOMMENDATION Staff recommends that the City Council consider and approve the draft substantial amendment to the 2020-2021 Community Development Block Grant Annual Action Plan for use of City's Citizen Participation Plan to reflect flexibilities authorized by the CARES Act and for regulatory compliance, and allow the City Manager, or his authorized designee, to execute any and all appropriate instruments, agreements, and implementing documents, and to take any necessary or appropriate implementing actions for the purposes of implementing this substantial 2mendment. Staff has identified public services for low -and moderate -income residents, small business and microenterprise business assistance, emergency rental assistance program, and program administration as eligible activities under the CDBG-CV program. These activities have been incorporated into the attached amendments to the 2020-2021 Annual Action Plan in a format required for approval by HUD. In an effort to expedite the process, staff developed program guidelines for each of these programs and identified non-profit organizations to assist with the implementation of the proposed programs. N 'p-i OCTOBER 13,2020 PAGE 2 QL01�Mr-NIF161 IN Public blic Se rvices $247,122 Cityof w C y Downey Parks and Recreation -Senior Meals $ 1 $137,122 D USD TLC - Emergency Basic Needs 2 cv sic s 0.000 $20,000 $ The Whole Child - Homeless Prevention Services $50,000 LA CADA - Substance Abuse Assistance/Counseling $20,000 Food Helps - Food Distribution $20,000 Small Business & Microenterprise Assistance $750,000 COVID-19 Emergency Rental Assistance Program 11 $250,000 *COVID-19 Emergency Rental Assistance Program Phase I $500,000 State of California Low -Moderate Income Housing Asset Funds CDBG-CV Program Administration $311,780 COVID-19 Emergency Rental Assistance Program The COVID-19 City of Downey Emergency Rental Assistance Program, originally approved at the June 6 2020 City Council meetin rovides eme enc,,,,, rental a&Ci4111:,1 el !1L SIXI.M Q.7 - Y16J. eligible households economically impacted during the COVI D-1 9 pandernic through job loss, furlough or reduction in hours or pay, residing in the City of Downey. Emergency Rental Assistance grants are rental payments made on behalf of an income -eligible household to maintain housing and/or to reduce rental payment delinquency in arrears as a result of the economic downturn during the COVID-19 pandemic. The $250,000 funds presented here, will be an addition to previously approved funding. Public Services for Low -and Moderate -income residents Through this project, the City will partner with local community -based organizations to provide food distribution, homeless prevention services, mental health services, senior meals, and bas emergency needs to is and moderate -income residents adversely impacted by COVID-19 pandernic. Program costs may include activity delivery costs required to effectively and compliantly manage and implement this program to Downey residents. I Small Business & Microenterprise Assistance Program The program will provide emergency grants to Downey -based small businesses and microenterprises, with 5 employees or less, that have been impacted by COVID-119, the Governor of California's Executive Order. and/or the Los Angeles CouLpLEUL&����� HUD CDBG COVID-19 ASSISTANCE PROGRAMS OCTOBER 13,2020 PAGE 3 i HTZKSM as:111132 (el ZEN 1111 Me *9 oil I R 101TITJ I IMF 1150 cas 10 MEN IF541 I Pri I I [ET-2 • I I III Ing mr-11 • if Ini Subject to regulations and requirements announced by HUD, including restrictions concerning duplication of benefits, one-time grants up to $25,000 will be provided to assist small businesses/and or microenterprises to retain employees and continue to provide quality services to the City of Downey. Draft program guidelines and applications for the small business and microenterprise assistance programs are attached for review. Citizen Participation Plan Revisions As authorized by the CARES Act, the City of Downey is able to conduct abbreviated public comment periods and utilize alternative methods to notice for public hearings and public comment periods. The amendments to the Citizen Participation Plan incorporate these flexibilities, as authorized by the CARES Act and HUD. r1w I WAKS] I 10 Lai I q:J N [61:411iff 4.9 Fiscal Responsibility Economic Vibrancy Quality of Life, Infrastructure, & Parks Public Engagement FISCAL IMPACT The City of Downey is entitled to receive $1,558,902 in new CDBG-CV funds to be incorporated • the 2020-2021 fiscal year. These • will • incorporated into the 2020-2021 City's CDBG budget. ATTACHMENTS Attachment A: Small Business & Microenterprise Assistance Program Guidelines Attachment 8: Small Business & Microenterprise Assistance Program Applications Attachment C: Draft Substantial Amendment to 2020 Annual Action Plan to include CDBG-CV funds Attachment D: Draft Citizen Participation Plan �r r�- r- r r r. IR1�i�7F.Ti1 IV 11 {11hi Introduction and Program Overview.............................................................................................1 ProgramDefinitions.............................................................................................................................1 ProgramMarketing and Application.............................................................................................. 2 ProgramMarketing ................. ........ ..-... .....,.... .......... .,....... .......... .......... ......... ........, ............- 2 ProgramApplication ............... ............. ... .. ......... ............. .....-. ....,..:........ .......... ,....... ....,.,..... 2 ProgramDescription............................................................................................................................ 3 Section : Microenterprise Assistance. ...................... .......... ......... ......... ......... .......... .............. Section 2: Small Business Assistance........................................................................................................ S Reporting and Recordkeeping... .., . 8 Business Assistance Award and Grant Agreement.................................................................... 9 Other Program Requirements........................................................................................................1 Appeals. .. ........ ... . . .......... ... .. ....... ... . , . .„ ........ ..,........10 Duplication of Benefits ..... ......... ......... ......... .......: ......... ......... ......... ......... ........ .............10 FalseClaims. .......- ......... .......... ................ .....:... .....:.......... ............ - ......... ......... ...........10 ApplicantConfidentiality.............................................................................................................................10 Nondiscrimination.-,.,..,.,,-,,.,,.--..,-.,.,.... ........... ................. ,......... .. ......... ...... .,... ............11 Conflictof Interest......... ........... ......... ........... ......... ......... ................................... Program Guidelines Changes or Modifications...................................................................................11 Exhibits Exhibit 1 Microbusiness Program Application Exhibit 2 Small Business Program Application Emergency Business Assistance Program Emergency Business Assistance Program Introduction and Program Overview The City of Downey (City), as an entitlement Grantee under the Community Development Block Grant (CDBG) Program, receives an annual allocation from the U.S. Department of Housing and Urban Development (HUD) to use in the implementation of eligible programs. In response to the Coronavirus Pandemic (COVID-19) the HUD Community Development Block Grant (CDBG) program has notified the City of Downey that it will receive a formula allocation from the first round of CDBG-CV funding to be used specifically for the prevention of, preparation for, and response to COVID-19. This allocation was authorized by the Federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136. The City will be utilizing a portion of their CDBG entitlement funds to implement a COVID-19 Emergency Business Assistance (EBA) program that provides grant assistance to micro- and small -businesses adversely impacted by the COVID-19 pandemic. The EBA funds shall be used to provide support to businesses for payroll, rent, personal protective equipment, and other costs required to resume or expand business operations. The program will primarily meet the benefit to low- and moderate -income persons national objective, however, the City may use the urgent need national objective, if necessary. The Emergency Business Assistance program will consist of two different components: Microbusiness Assistance and Small Business Assistance. In accordance with HUD requirements, Emergency Business Assistance program funding will only be provided in cases where it can be reasonably determined and documented that the applicant business has been adversely impacted by the COVID-19 pandemic. All grant payments will be made as reimbursements for actual costs. The business will be required to submit appropriate documentation to confirm eligibility for the relevant program and receive grant payment. Businesses that meet the Microbusiness Assistance requirements must apply for the Microbusiness Assistance program. Program Definitions Eligible Costs: Eligible costs include rent, utilities (excluding water and sewage), payroll, personal protective equipment (PPE) required for business operation, business services to increase or alter business activities (e.g. point of sale system, website development, outdoor business activities, etc.), or other costs determined to be eligible and necessary to resume or alter business operations. Family: The term "families" refers to individuals or households, with or without children. As defined at 24 CFR S.403, "family" includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: 1) A single person, who may be an elderly person, displaced •' •, � III• - 1 1•-•FC1,Y11"ITA-1- __S n person; or 2) A group • persons residing together, and such group includes, but is not limited to a family with • • • (a child who is temporarily away from the home I' cause • • in foster care is considered a member •' the family); an elderly family; a near -elderly family; a disabled family; a displaced family; and the remaining member of a tenant family. Full -Time • Full -Time Equivalent or FITE is used to measure the number of •• If created • retained as part • the Small Business Assistance Program. An FITE assumes that a full-time • is 40 hours/ week. Thus, a part-time job at 20 hours/ week would • considered 0.5 FTE. Each small • assisted must create •: retain at least 1.0 permanent FTE. This can be comprised • a • full-time •'i • multiple part-time jobs. Microbusiness: A business with less than 5 total employees (including the • where the owner(s) • as having a family income is less than 801 1 • the area median income and meets all eligibility criteria of a microenterprise as detailed in Section 1. Small Business- A • that •i not • as a microenterprise and has 50 or fewer total employees (including the owner) and meets all eligibility criteria of a small business as detailed in Section 2. Program Marketing and Application Program Marketing Program marketing shall be initiated by the Community Development Department and will • a range • activities. Marketing and •: shall facilitate fair access and transparency. The program shall not rely solely on web -based marketing and outreach. • facilitate meaningful access to program participation for Limited • Proficiency persons, program activities will be conducted in accordance with the City of Downey's current Limited • Proficiency ■ Program Application The City shall make application • available from October 15, 2020 to June 30, 2021. Fundine is limited. • applications will • reviewed • a first come, first served `•. Applications can be accessed • the City • 1• website • its website (for self -printing) or via mail (if requested by calling (562) 904-7152. Emergency Business Assistance Program 2 Complete applications may be submitted to the City's Community Development Departmen-I via mail to: City of Downey Community Development Department 11111 Brookshire Ave Downey, CA 90241 1 Applications may also be hand delivered in a sealed envelope to the City during normal business hours (7:30am - 5:30pm Monday to Friday) at the address listed ab•ve. reviewpil for completeness and compliance with program reguirement% Program Description Section 1® Microenterprise Assistance The Emergency Business Assistance program will provide grants up to $20,000 to microenterprises that were adversely impacted by the COVID-19 pandemic. Microenterprise grants can be used for the following purposes: • Rent/utilities • Payroll • Personal Protective Equipment (PPE) supplies required for business operation (The City will not provide reimbursement for any installation -related costs.) • Business services to increase or alter business activities (e.g. Point of Sale system, website development, outdoor business activities etc.) Microenterprise businesses do not need to provide ongoing documentation and reporting of jobs created and/ or retained as a result of the CDBG assistance. Eligible Microenterprise Businesses To qualify as an eligible microenterprise business, the business must meet the following criteria: • Five (5) or fewer total employees (including owner) • Business owner's family income is less than 80% area median income (see annual income documentation guidance on page 5) • Business is located within Downey city boundaries • Owner is 18 years or older • Business or owner has a DUNS number, or will have applied for one at the time of application ( Emergency Business Assistance Program 3 • Business has a valid Federal Employer Identification Number (FEIN), also known as Employer Identification Number (EIN) or Social Security Number (SSN) for sole proprietors • No person who is subject to the provisions of this program's Conflict of Interest Code has any ownership interest in the business, or would otherwise receive a financial benefit from the business • At time of application, business must be in good -standing with the City, have a valid business license, no pending health or code enforcement matters proceeding and not delinquent in the payment of any business license fees or taxes owed the City • Business was adversely impacted because of the COVID-19 pandemic and can provide supporting documentation illustrating the impact • Certification that the business has neither received nor will seek other grants, loans, or other assistance from any private, local, state, or federal funding source for the same use as identified in the program application Ineligible Microenterprise Businesses M!!1 ;111 .. • Businesses located outside of the City of Downey boundaries • Nonprofit entities • Passive businesses (i.e. rental property or other business in which one does not actively participate) • Government organizations • Businesses that limit patrons to 18 and older (including gaming, liquor, tobacco, and marijuana dispensary establishments) • Manufacturing businesses • Businesses with more than 5 employees (including owner) Assistance cannot be used to relocate a plant, facility, or other business operation from one labor market area to another labor market area. Microenterprise Application Process Applicants will be required to complete an initial application, including copies of the following documents. 1. City of Downey Business License 2. State Identification Card or Driver's License 3. IRS Form W-9 (Request for Taxpayer Identification Number and Certification) 4. Owner income documentation 5. Most recent federal income tax return for all family members over the age of 18 6. Most recent California Employment Development Department form DE-9 and 941 (Quarterly Contribution Return and Report of Wages Form) Emergency Business Assistance Program 4 7. Documentation that the business was adversely impacted by the COVID-19 pandemic (this may include showing loss in revenue/ profit or other documentation) to the satisfaction of the City The City reserves the right to request additional information upon receiving the application to determine program compliance. Annual Income Definition and Documentation To determine family income for all microenterprises, the City will use the annual incomi; definition as defined by HUD at 24 CFR 5.609 (commonly referred to as Part 5). The City will calculate the annual income by projecting the prevailing rate of income of the family for the next 12-month period as measured from the date that the City performs the income determination. Each applicant will need to provide verifiable documentation to support the applicant's stated income. HUD establishes annual incomes. The City of Downey will update the program guidelines as income limits are updated. The current income limits for this program are: Family 1 2 3 4 5 6 7 8 Size 80% Median $63,100 $72,100 $81,100 $90,100 $97,350 $104,550 $111,750 $118,950 Income Effective July 1, 2020for the Los Angeles, Long Beach, Glendale, CA MSA As defined at 24 CFR 5.403, "family" includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: 1) A single person, who may be an elderly person, displaced person, disabled person, near -elderly person, or any other single person; or 2) A group of persons residing together, and such group includes, but is not limited to a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); an elderly family; a near -elderly family; a disabled family; a displaced family; and the remaining member of a tenant family. li! 11; 11111� I 111111111irili E• '•M, 1. Full names and ages of all family members living in the residence; and 2. Signature of all adult family members age 18 or over, certifying that the information provided related to the annual family income and family composition is correct. Section 2: all Business Assistance Emergency Business Assistance Program 5 The •• Business Assistance program will provide grants up to $20,000 to small • that were adversely impacted by the C1VI1-19 pandemic. WIM111I 11 111 IFINIM I IN I I III I • Rent/utilities • Payroll • Personal Protective Equipment (PPE) supplies required for business operation (The City will not provide reimbursement for any installation -related costs.) • Business services to increase or alter business activities (e.g. Point of Sale system, website development, outdoor business activities etc.) Businesses receiving a Small Business Assistance grant shall use grant funds to create • retain •• •• those held • low- • moderate -income individuals) and shall provide -•• for up to two years following grant award • the creation • retention •'' •• Businesses that do not create or retain at least one permanent low- or moderate - income job(s) will be required to repay the grant in accordance with the grant agreement. The •• •' and • • is described in more detail in the job • Retention section. • Business does not • as a microenterprise (see prior • • Twenty (20) or fewer employees (including owner) • Commitment to create or retain at least one full time equivalent (FTE) permanent job as a result of the Emergency Business Assistance program; 51% of all jobs created or `• must be held • made available to i• • moderate -income individuals • Business is located within 1• city boundarie�! • Owner is 18 years or older • Business • • has a DUNS number, or will have applied • • at the time • application Ounsd/Wead6bom) • Business has a valid Federal Employer Identification •- (FEIN), also • as Employer Identification Number (EIN) • No person who is subject to the provisions of this program's • of Interest Code has any • interest in the business, • would otherwise receive a financial • from the business. • At time of application, business must be in good -standing with the City, have a valid business license, no pending health or code • matters proceeding and not delinquent in the payment of any business license fees or taxes owed the City • Business was adversely impacted • of the C1VI1'-19 pandemic and can provide supporting documentation illustrating the impact Emergency Business Assistance Program 6 • that the business has neither received nor will seek other grants, loans, • • assistance from any private, local, state, • e•' funding • for the same use as identified in the program application Ineligible all Businesses • Businesses that qualify as a microenterprise • Businesses located outside of the City of Downey boundaries •a Nonprofit entities • Passive businesses (i.e. rental property or other business in which one does not actively participate) • Government organizations • Businesses that limit patrons to 18 and older (including gaming, liquor, tobacco, and marijuana dispensary establishments) • Manufacturing businesses • Businesses with more than 50 employees TOTIMM—= Assistance • •' •• to relocate a plant, facility, • • • operation from • ,i• market area to • labor market area. Small Business Application Process Applicants will I• required to complete an initial application, including •I of the following •• 1. City • 1• Business License 2. State Identification Card • Driver's License 3. IRS Form W-9 (Request for Taxpayer Identification Number and Certification) 4. Most recent California Employment Development Department form 1E-9 and • (Quarterly Contribution Return and Report of Wages Form) S. Documentation that the business was ,• impacted • the COVID-19 pandemic (this may • • loss in revenue/ profit •I • documentation) to the • •' the City 6. Business documentation, • a. Balance Sheet (or any documentation • net assets and .• • the business) for two separate periods b. • Statements • Profit and Loss Statements showing net profits for two `• periods The City reserves the right • request additional information upon receiving the application • determine program compliance. Small Business job Retention and job Creation Emergency Business Assistance Program 7 The goal of the Small Business Assistance component is to assist business I owners in operations during the global pandemic, as well as to create economic opportunities by creating and retaining permanent jobs held by low- or moderate -income individuals within *iu &WfTm�Vixccr;o_�_ *ri rIAIM-Willin ?_&bV'a_l :fir retained at 40 hours per week, or any combination of part-time positions combining for 40 hours per week. As part of the Small Business Assistance program, all businesses must commit to creating or retainin - :ohs 5191k, of which must be held or made available to low- or moderate -income individuals. As part of the application, businesses must estimate the number of jobs that will be created or retained as a result of the Small Business Assistance component. Grant agreements will include estimates of the number of jobs expected to be created or retained for each business, including those jobs that will be held by or made available to low- and moderate -income individuals. During the grant agreement period, businesses will be required to report on all jobs created or retained as a result of the CDBG funds. In order to meet this requirement, businesses must be able to demonstrate that the created or retained job has an annualized salary of $63,100 or below. job Retention and Creation Documentation 2 For businesses that are retaining jobs, they must provide specific evidence that the job(s) would be lost without the assistance. Reporting and Recordkeeping Businesses assisted through the Emergency Business Assistance program must provide ongoing reporting for a period up to two years as specified in the agreement with the City. Reporting will document program compliance and job creation/ retention (if applicable) as rollows: M Job creation/ retention form and supporting documentation for the period specifi in the grant agreement (up to two years) `1 Emergency Business Assistance Program M EDD DE-9 and • (Quarterly Contribution ''• and •• of Wages Form) and 075 34 (Report of New Employee(s) Form) Forms I The • recipient will •r required to provide the City with verification for all new hires resulting from the investment of CDBG funds, during the term identified in the gran--1 agreement. MMOM -Business Assistance Award and Grant Agreement The • Development Department shall meet regularly to ensure prompt decisions on each completed program application. Following review of the application, staff shall prepare a memorandum summarizing the Program Application, .•1' qualifications and making a recommendation for approval • denial. The memorandum shall •- •/ in each Business file. • • and either approve • • applications for assistance • Provide direction to terminate previously approved assistance for progra participants who • program •• • Provide recommendations for •• improvements • • • r•• a member • responsibility it is to maintain a binder • all necessa •• for each business .•• I If an application is deemed incomplete • •• additional detail, applicants will •• notified via email, postal mail • phone call and • provided two weeks to • all additional information required. If the City denies an application, • Development staff shall prepare and send a letter • the applicant indicating the reason(s) for • and shall include notification • the applicant's right to appeal the decision in accordance with the Appeals section • these • Grant • will •:• •- • a • basis. Unless otherwise agreed upon between the business and City, businesses will be expected to submit all reimbursement documentation within three (3) months • the date the • • is executed. Recipients are not required to submit all • requests at a single time and can •I up to five (5) requests during the three-month period. Emergency Business Assistance Program 9 Reimbursement requests must be submitted in the manner prescribed in the grant agreement and include supporting receipts and other documentation. The program will reimburse eligible costs incurred from March 27, 2020. All reimbursement requests must include receipts and required documentation. Other Program Requirements A denied applicant file shall contain all submitted information and documentation, as well as the reason for denial (ex: incomplete information, business outside service area). A denial 47-hi-mg arrry-hff•#Yirmw#-ir-dr6 relevant to the appeal with the Director of Community Development within 5 days. The Director of Community Development, or his designee, shall review the information and make a determination within 10 days of receipt of the notice of appeal and associated documents. Duplication of Benefits All a]igon the Program Awdication under jienaltgp of not able to receive, and have not received, other federal or non-federal benefits or assistance for business assistance for the same use and same period of assistance as the Program assistance. Applicants shall further certify that they will not pursue other federal or non- federal benefits for the same uses of this grant program for the period of assistance under the Program. As part of the grant agreement, all applicants will execute a Subrogation Agreement and Duplication of Benefits Certification with the City. The City shall follow its Duplication of Benefits (DOB) policies and procedures. Applicants shall certify on the Program Application under penalty of perjury that "The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government." Applicant Confidentiality Employees and agents of the City will not disclose any applicant's personal confidential information as part of the program. All confidential information of applicants will be kept in a locked secured storage facility or password protected electronic files and unavailable to persons outside of the program. At all times, the City will abide by all requirements stated within the Privacy Act of 1974 as amended. If the City receives a request for public records related to the program, only non -confidential information, as verified by the City, will be provided. Emergency Business Assistance Program 10 Nondiscrimination The Emergency Business Assistance program shall be implemented consistent with the City's commitment to State and Federal equal opportunity laws. No person shall be excluded from participation in, denied the benefit of, • • subjected to discrimination under any program or activity funded in whole • in part with CDBG program funds • the • of their disability, family status, national origin, race, color, religion, sex, marital status, medical condition, ancestry, source of income, age, sexual orientation, gender identity, gender expression, genetic information, or other arbitrary discrimination. TY-4-17 "T M� Pt=, 1 YY OFT M1271T MIR I -111FI-11111F WTI rs'-7171-P711771--c-rcarx J.-RI&C assistance • individuals requesting such assistance to •' from the services provided • the •,. Business Assistance program. Conflict of Interest In accordance with 24 CFR 570.611, no • • the •r r•• and no •I • • agent • the local • nor any • person, either for themselves • those with whom they have business or immediate family ties, who exercises policy or decision making responsibilities will financially r• from this program. Program Guidelines Changes or Modifications • • to these Program •- involving administrative procedures or accommodations to adapt to unique applicant situations • opportunities, • regulatory changes may be performed with the approval of the Community Development Department. -• regulatory -• for the CDBG program are not subject to modification or revision. Emergency Business Assistance Program 11 Exhibit 1-. Program Application Applications can be submitted by printing and mailing or hand delivering applications in a sealed envelope to the [ornnnunhy Development Department at 11111 Brookshire Ave Dovvney, CA9O241 during regular hours of operation mfMonday through Friday from 7:30ann —5:3Dpnn. Applications WILL NOT be accepted by email or fax. Applications will be time stamped and reviewed on a first come first serve basis. The application period will open on October 15, 2020 and close on June 30, 2021 or when all funds are granted, whichever comes sooner. If interest persists and funds are still available, the City may extend the application period. Applicants mav be required to submit additional documentation or detail. Applicants will have two weeks to submit additional materials, as reguested by the City. Questions about the application process? For the fastest response, please contact Community Development Department at (562) 904-7152 or at EMAIL ADDRESS. Eligibility Checklist The checklist below assists businesses to determine eligibility via the small business assistance programs. For more guidance, please view the program guidelines (INSERT WEB ADDRESS) PART Yes No Does your business have 50 or fewer employees (including the owner(s))? Yes No Are you able to document that your business was adversely impacted by COVID-19? Yes No Does your business have a current City of Downey business license, have no pending health or code Yes No enforcement matters and is not delinquent on any fees or taxes owed to the City? Was your business open on or before February 29, 2020? Yes No Does your business meet the eligibility requirements outlined in the program guidelines? Yes No • Owner is 18 years or older • Business or owner has a DUNS number, or has applied for one? • Business has a valid federal employer identification number • Business has a bank account • Business is not subject to City Conflict of Interest Code Can confirm that my business is not one of the following: Yes No • Passive business (i.e. rental property or other business in which one does not actively • Government organization • Business that limit patrons to 18 and older Will the business create or retain at least one full-time job (or equivalent) with an annualized salary Yes No of $63,100 or below? If you answered yes to these questions, you may be eligible for the Emergency Small Business Assistance Program and should apply for that program. If you answered no to any question, you are not eligible for the Emergency Small Business Assistance Program. You may be eligible for the Emergency Microbusiness Assistance Program and may opp/xtorthat pnog000n (WEB ADDRESS FOR LANDING PAGE OF APPLICATIONS) Small Business Assistance Application 2 Name of Business Owner: Legal Name of Business: DBA (if applicable): Business Address: Business Owner Email: Business Owner Phone: Date Business Opened Federal EIN (SSN if sole proprietor): DUNS Number: (if you have applied, but have not yet received your DUNS number, attach documentation of DUNS application) https:llfedgov.dnb.com/webform/ Number of Total Employees (prior to March 2020): (including owner(s)): (Current): 1. Does the business have a current business license? Yes No 2. Does the business have any pending health or code enforcement matters? Yes No 3. Is the business past due in any fees or taxes owed to the City of Downey? Yes No 4. Is the business owner subject to the City's conflict of interest code? Yes —No If yes, please attach a document providing an explanation. 5. Is the business currently the subject of a collection action, involved in a lawsuit, or have a judgement against it? Yes No If yes, please attach a document providing an explanation. 6. Has the business filed for bankruptcy in the past 7 years? Yes No If yes, please attach a document providing an explanation. 7. Does the business require other external assistance to open/ remain open? Yes No If yes, please explain and summarize the status of the other forms of assistance. 8. Please describe how this assistance will enable the business to continue operation/ re -open/ expand service delivery? Small Business Assistance Application 3 in order to be eligible for the Emergency Small Business Assistance program, businesses must have been adversely impacted because ofthe COV|D'1Bpandemic. Select all impact types that are relevant toyour business below. Attach supporting documentation asnecessary: Type mfNegative Impact ElLoss ofrevenue ElRent, payroll orutilities arrears [] increased operating costs for PPE El increased operating costs to manage new or enhanced curbside or delivery services [](]ther Sample Documentation • Loss of revenue: Provide documentation showing average revenue for two -month consecutive period between November 2019 and February 2020 compared to revenue for two -month consecutive period after February %O3O. • Rent, payroll orutilities arrears: Documentation showing that business is behind in rent, payroll or utilities since March 2U2O. • Increased operating costs for PPE: Documentation showing costs for PPE as required by State guidelines. w Increased operating costs tmmanage new mrenhanced curbside or delivery services: Documentation showing that software or services required for curbside or delivery began after February 2020 and costs for those services. Small Business Assistance Application 4 Duplication of Benefits In order to be eligible for the Emergency Small Business Assistance program, businesses must document that they have neither received nor will seek other grants, loans, or other assistance from any private, local, state, or federal funding source for the same uses as identified in the application. For example, if a business received the SBA PPP Loan for payroll costs in May and June, CDBG assistance could not be used for payroll costs for the same time period. Applicants must complete and attach the duplication of benefits self -certification. 1. Have you applied for and/or received any other governmental assistance because of the COVID 19 emergency? If yes, please complete the table below and attach additional pages if necessary. Source Gran(Y/N) t Loan (Y/NTerm Rate Amount Use of Funds ) Paycheck Protection Program Economic Injury Disaster Loan Express Bridge Loan Debt Relief Program Main Street Lending Program Other Other Other 2. Is CDBG replacing any other federal/ non-federal source? If yes, attach explanation. 3. If the business is receiving other external grants or loans, please attach the disbursement schedule for all Small Business Assistance Application 5 annualized salAnj of�§3,100 or below. Total Number of Employees (including owner(s))-, Number of full-time equivalent (FTE)* jobs expected to be created as a result of this grant: Number of FTE jobs expected to be retained as a result of this Percentage of FTE jobs created or retained expected to be filled by or made available to low- or moderate -income individuals: FTE assumes that full-time job is 40 hours/ week. Thus, if a permanent job is only for 20 hours/ week, it would be considered 0.5 FTE. Each small business assisted must create or retain at least 1.0 permanent FTE. This can be comprised mfasingle full-time job ormultiple part-time jobs. Job Retention Only Businesses preliminarily selected for grant assistance will be required to submit documentation summarizing that the job would have been lost, but for the Emergency Small Business Assistance grant. 1. Grant Amount Requested (not to exceed $20,00[)= Please use the chart &odescribe how you intend 1mutilize the funds from this grant to support your business. Payroll PIPE required for business operation (Supplies only)** Eligible Use Amount Description Business services to increase or alter business activities TOTAL *All reimbursement requests must include supporting documentation such as receipts. If necessary, the City will request documentation of cost reasonableness including cost estimates from other suppliers or stores for items procured through this program. **The City will not provide any reimbursement for installation or installation -related coots. The City will only reimburse PPE supplies. Small Business Assistance Application 6 The following information will be kept confidential and used only to provide aggregate data for program analysis. Completion of this form WILL NOT be used to evaluate your application for participation in the BUSINESS OWNER I BUSINESS OWNER 2 (if applicable) PLEASE MARK ONE: PLEASE MARK ONE: L3 WHITE WHITE -d NATIVE HAWAIIAN OTHER PAC ISLANDER El NATIVE HAWAIIAN OTHER PAC ISLANDER LJ AMERICAN INDIAN ALASKAN NATIVE & WHITE AMERICAN INDIAN ALASKAN NATIVE & WHITE L3 BLACK / AFRICAN AMERICAN & WHITE J BLACK/ AFRICAN AMERICAN & WHITE El OTHER 0 OTHER HEAD OF HOUSEHOLD: L3 YES Q NO HEAD OF HOUSEHOLD: LJ YES LJ NO HISPANIC LJ YES J NO HISPANIC LJ YES L3 NO LJ MALE LJ FEMALE J MALE LJ FEMALE PERSON WITH A DISABILITY L3 YES LJ NO PERSON WITH A DISABILITY LJ YES LJ NO Small Business Assistance Application 7 I/We,asthe owners of business located inthe City of Downey, certify that we comply with the Duplication of Benefits Policy as set forth in the Program Guidelines. I/We certify under penalty of perjury, under the laws of the State of California, that I/We are not able to receive, and have not received, other federal or non-federal benefits or assistance for the same purposes as outlined in the program application. Applicant further certifies that KVVe will not pursue other federal or non-federal benefits for the same uses of the Emergency Small Business Assistance Program as outlined in the program application. If I/We receive benefits or assistance for the same purpose as stated in the program application, we will report this duplication of assistance to the City within seven (7) business days and immediately return any duplicative BUSINESS OWNER(S) Signature Printed Name Date Signature Printed Name Date WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Small Business Assistance Application 8 Signaturer •' (complete one signature page for each business owner) The applicant warrants and represents that no City Council Member, City Staff Member, Commission Member, Committee Member, and/or any person who is subject to the provisions of the City's Conflict of Interest Code, has any ownership interest of any kind or amount in the business for which the grant would be issued, or would otherwise receive a financial benefit from any grant which may be extended to applicant andlor for the business. By accepting this grant, i agree to comply with the current and future guidelines and other requirements as set forth by the City of Downey. Name (Print) Signature i attest that I have read and understood the application and completed the application in full, including the required attachments listed below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Required Attachments 1. City of Downey Business License 2. State Identification Card or Driver's License 3. Completed IRS Form W-9 (Request for Taxpayer Identification Number and Certification) (htt s www.irs. o ub rs- df fw9. df) 4. Most recent California Employment Development Department forms DE-9 and 9C (Quarterly Contribution Return and Report of Wages Form) 5. Documentation of COVID-19 Impact 6. Other documentation/ explanations, as required by application 7. Business Documentation a. Balance Sheet (or any documentation showing net assets and liabilities of the business) for two separate periods b. Income Statements or Profit and Loss Statements showing net profits for two separate periods Signature WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government. Small Business Assistance Application 9 Applications can besubmitted bvprinting and mailing orhand delivering applications inasealed envelope 1othe Community Development Department at 11111 Brookshire Ave, Doxvney, CA9O241 during regular hours of operation ofMonday through Friday from 7:30am-530pmn. Applications WILL NOT be accepted by email or fax. Applications will betime stamped and reviewed ona first come first serve basis. The application period will open on October 15, 2020 and close on June 30, 2021 or when all funds are granted, whichever comes sooner. If interest persists and funds are still available, the City may extend the application period. Applicants may be reguired to submit additional documentation or detail. Applicants will have two weeks to submit additional materials, as reguested by the City. Questions about the application process? For the fastest response, please contact Community Development Department at (562) 904-7152 or at EMAIL ADDRESS. E|'g'b'|'tv Checklist The checklist below assists businesses to determine eligibility via the microbusiness assistance programs. For more guidance, please view the program guidelines (INSERT WEB ADDRESS) is your business located within Downey City boundaries? Yes No Does your business have 5 or fewer employees (including the owner(s))? Yes — No Are you able to document that your business was adversely impacted by COVID-19? Yes —No — Does your business have a current City of Downey business license, have no pending health or code Yes — No enforcement matters and is not delinquent on any fees or taxes owed to the City? Was your business open on or before February 29, 2020? Yes No Does your business meet the eligibility requirements outlined in the program guidelines? Yes— No— • Owner is 18 years or older • Business or owner has a DUNS number, or has applied for one? • Business has a valid federal employer identification number • Business has a bank account • Business is not subject to City Conflict of Interest Code Can confirm that my business is not one of the following: Yes No Passive business (i.e. rental property or other business in which one does not actively Government organization Business that limit patrons to 18 and older Does your business have 5 or fewer employees (including owner(s))? Yes No Does the business owner have a family income at or below 80% of area median income (see page 7)? Yes No If you answered yestnthese questions, you may be eligible for the Emergency Microbusiness Assistance Program and should omolyfbrthat program. /fyou answered nobrany question, you are not eligiblefor the Emergency Micmbusiness Assistance Program. You may be eligible for the Emergency Small Business Assistance Program and may 000lyforthat program (WEB ADDRESS FOR LANDING PAGE OF APPLICATIONS) Microbusiness Assistance Application e Name of Business Owner: Legal Name of Business: DBA (ifapplicable): Business Address: Business Owner Email: Business Owner Phone: Date Business Opened Federal EIN (SSN if sole proprietor): DUNS Number: (if you have applied, but have not yet received your DUNS number, attach documentation of DUNS application) h!Vs jJfedgov4nb.com webform Number of Total Employees _ (prior to March 2020): (including owner(s)): (Current): 1. Does the business have a current business license? Yes No 2. Does the business have any pending health or code enforcement matters? Yes No 3. Is the business past due in any fees or taxes owed to the City of Downey? Yes No 4. Is the business owner subject to the City's conflict of interest code? Yes —No If yes, please attach a document providing an explanation. 5. Please describe how this assistance will enable the business to continue operation/ re -open/ expand service delivery? Microbusiness Assistance Application 3 COVID-19 Impact in order to be eligible for the Emergency Microbusiness Assistance program, businesses must have been adversely impacted because of the COVID-19 pandemic. Select all impact types that are relevant to your business below. Attach supporting documentation asnecessary: Type of Negative Impact LJLoss ofrevenue LJRent, payroll orutilities arrears [] Increased operating costs for PPE El Increased operating costs to manage new or enhanced curbside or delivery services ElC)ther Sample Documentation m Loss ofrevenue: Provide documentation showing average revenue for two -month consecutive period between November 2019 and February 2020 compared to revenue forhwo'mnonth consecutive period after February IO2O. 0 Rent, payroll or utilities arrears: Documentation showing that business is behind in rent, payroll or utilities since March 2020. 0 Increased operating costs for PPE: Documentation showing costs for PPE asrequired bvState guidelines. � Increased operating costs tmmanage new orenhanced curbside mrdelivery services: Documentation for those services Microbusiness Assistance Application 4 In order to be eligible for the Emergency MicrobusinessAsaistanoe program, businesses must document that they have neither received nor will seek other grants, loans, or other assistance from any private, local, state, or federal funding source for the same uses asidentified inthe application. For example, ifabusiness received the SBA PPP Loan for payroll costs in May and June, CDBG assistance could not be used for payroll costs for the Applicants must complete and attach the duplication of benefits self -certification. I. Have you applied for and/or received any other governmental assistance because of the COVD019 ernergemcy?________ If yes, please complete the table below and attach additional pages if necessary. Microbusiness Assistance Application 5 Only complete this section if you qualify as a microbusiness. For the purposes of the business assistance program, a microbusiness is: A business with less than 5 total employees (including the owner) where the owner(s) qualify as having afamily income is less than 80% of the area median income 2. Owner current income (attach income certification form and documentation on subsequent page): 3. Grant Amount Requested (not to exceed $20,000)* Please use the chart to describe how you intend to utilize the funds from this grant to support your business. Eligible Use Amount Description Rent/Utilities Payroll PPE required for business operation (Supplies only)** Business services I to increase or alter business activities TOTAL *All reimbursement requests must include supporting documentation such as receipts. if necessary, the City will request documentation of cost reasonableness including cost estimates from other suppliers or stores for items procured through this program. "The City will not provide any reimbursement for installation or installation -related costs. The City will only reimburse PPE supplies. Microbusiness Assistance Application 6 For a business owner to qualify for the Emergency Microbusiness Assistance Program, the applicants' current annual income shall not exceed the low- and moderate -income limit, adjusted by family size. Current Annual Family Income: $ Circle your family size: # of People 1 2 3 4 5 6 7 8 in Family Max. Family $63,100 $72,100 $81,100 $90,100 $97,350 $104,550 $111,750 $118,950 Income Effective July 1, 2020 for the Los Angeles, Long Beach, Glendale, CA MSA (80% Area Median Income) I/We certify that the family size and annual family income listed above are accurate. I/We have completed the Income Documentation worksheet and provided copies of all required supporting documentation. Applicant Signature: Date: Co -Applicant Signature: Date:, Other Family Member Over Age 18 Signature: Date: Other Family Member Over Age 18 Signature: Date: Name (Please Print): Name (Please Print): Other Family Member Over Age 18 Signature: Date: Other Family Member Over Age 18 Signature: Date: Name (Please Print): Name (Please Print): WARNING: The information provided on this form is subject to verification by HUD at anytime, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government. Microbusiness Assistance Application 7 This isawritten statement from the beneficiary documenting the definition used to determine "Annual (Gross) Income", the number of beneficiary members in the family or household (as applicable based on the activity), and the relevant characteristics of each member for the purposes of income determination. 1. List all family members and address below 2. Complete monthly income xxmrhsheetsummarizing gross monthly income for all family members over the age of18 3. Provide copies ofall necessary supporting documentation 4. All adult beneficiary members must sign certification form The City reguires supporting source documentation to be submitted as an attachment to this certification. A summa!y of documentation recommendations -is- ed in Table 1. DEFINITION OF INCOME: For this program, the City is using the Part 5 definition of income. Income excluded First Name Last Name HH CH IDIS 162+ S2:18 <18 HH Head of Household; CH Co -Head of Household; DIS Person with disabilities; 62+ Person 62 years of age or older; S��18 = Fulltime student age 18 or over; <18 = Child under the age of 18 years Microbusiness Assistance Application 8 r rr i:rr r Worksheet 1: Current MONTHLY Income HEAD/ CO- OTHER INCOME SOURCE HOUSEHOLD APPLICANT HEAD OF TOTAL HOUSEHOLD MEMBERS 18 OR OLDER Wages, overtime pay, salary, commissions, bonuses, or tips from all jobs. Report the $ $ $ $ amount before deductions for taxes, bonds, dues, or other items. Net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions. Report all income and withdrawal (except when reimbursement of $ $ $ $ cash or assets invested in the operation by the family). A deduction for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation as provided in Internal Revenue Service regulations. Interest, dividends, net rental income, royalty income, or income from estates and trusts. Report even small amounts credited to an account. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. $ $ $ $ If the family has net family assets in excess of $5,000, income shall be equal to the greater of the actual income derived from all net family assets or the current passbook savings rate (as determined by HUD) of 0.06% multiplied by the value of such assets. Social Security, Supplemental Security Income (SSI), annuities, insurance policies, $ $ $ $ retirement funds, pensions, disability benefits, death benefits or other types of Microbusiness Assistance Application similar periodic receipts. Report the total amount received. Payments in lieu of earnings such as unemployment, disability, worker's, and severance compensation. Report the total amount received. Any public assistance or welfare payments from state or local welfare office. Report total amount received. Periodic and determinable allowances such as alimony, child support payments, regular contributions, or gifts received from $ $ $ $ organizations or persons not residing in the dwelling. Report total amount received. All regular pay, special pay, and allowan—ce —of a member of the Armed Forces except special $ $ $ $ pay for a family member who is exposed to hostile fire. Report total amount received. Total Present GROSS Monthly Family Income A $ A times B is equal to TOTAL ANNUAL INCOME C $ Please list all other asset accounts and their respective values for all family members: Account Category Current Cash Value Stocks/Bond/Other Investment Accounts Life Insurance (Net Cash Value) Net Worth of Business Checking Account (name Checking Account 2 (name Savings Account (name Savings Account 2 (name Microbusiness Assistance Application 10 Please list all other asset accounts and their respective values for all family members: Account Category Current Cash Value Stocks/Bond/Other Investment Accounts Life Insurance (Net Cash Value) Net Worth of Business Checking Account (name Checking Account 2 (name Savings Account (name Savings Account 2 (name Microbusiness Assistance Application 10 INCOME DOCUMENTATION Please provide the requested items below, if applicable to your family for all family members over the age of 18, All documents submitted must be copies and will not be returned. Do not send originals. Table 1: Income Documentation Requirements If you or a family member have You are required to submit the Covering the following income from the following sources: following documents: period(s) of time: Wages, salary, commissions, bonuses, or tips from all jobs. Report the amount Copies of last 3 paycheck stubs Most recent three (3) pay before deductions for taxes, bonds, earnings statements periods dues, or other items Complete (all pages) for the most recent filed Federal Income Tax Net income from the operation of a Return; or business or profession Profit and Loss Statement showing Most recent tax year filed the net amount after business expenses. Interest, dividends, net rental income, royalty income, or income from estates Bank Statements Most recent three (3) months and trusts Social Security, Supplemental Security Income (SSI) annuities insurance Social Security Letter (if applicable); policies, retirement funds, pensions, or Current year's award letter or disability benefits, death benefits or Bank Statements Most recent three (3) months other types of similar periodic receipts, Payments in Lieu of earnings such as Current year's award letter or Bank unemployment, disability, worker's, Most recent three (3) months and severance compensation. Statements Any public assistance or welfare Award letter; or Current year's award letter or payments from state or local welfare statement of current benefits office Statement from source of assistance from the source of assistance Periodic and determinable allowances such as alimony, child support Payments, regular contributions, or Check Stubs; or Bank Statements Most recent three (3) months gifts received from organizations or persons not residing in the dwelling. Microbusiness Assistance Application 11 I'm mum All regular pay, special pay, and allowance of a member of the Armed Check Stubs; or Bank Statements Most recent three (3) months Forces except special pay for a family member who is exposed to hostile fire. Microbusiness Assistance Application 12 (To be completed by adult household members who are claiming zero income from any source, if appropriate) Name: Address: City: 1. 1 hereby certify that I do not individually receive income from any of the following sources: a. Wages from employment (including commissions, tips, bonuses, fees, etc.); b. Net income from operation of a business or income from self-employment (i.e. Door Dash, Lyft, Uber, sales of Avon, Mary Kay, Shaklee, etc. or other business income); c. Rental income from real or personal property; d. Interest or dividends from assets; e. Social Security payments, annuities, insurance policies, retirement funds, pensions, or death benefits; f. Unemployment or disability payments; g. Public assistance payments (i.e. welfare, TANF, etc.); h. Periodic allowance such as alimony, child support, or gifts received from persons not living in my household; and/or L Any other source not named above. 2. Choose the statement below that most closely applies to your situation: ® Currently, I have no income of any kind and while I am seeking employment, there is no definite job offer at this time. El Currently, I have no income of any kind and will not be seeking employment at this time. 3. 1 will be using the following sources of funds to pay for rent and other necessities. According to Title 18, Section 1001 of the U.S. Code, it is a felony for any person to knowingly and willingly make false or fraudulent statements to any department of the United States Government. I, the undersigned, hereby certify that all statements contained herein, are true and correct to the best of my knowledge and belief. I understand the information I provide in this certification is subject to verification, and I agree to provide necessary documentation if requested to do so. Signature Printed Name Date Microbusiness Assistance Application 13 Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone). Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for anv family member. The full amount of student financial assistance paid directly to the student or to the educational institution (Subiect to 24 CFR 5.609(b) (refer to Income Inclusions Tab - No. 91). Amounts received under training programs funded by HUD. Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program. Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program. Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. _ Earnings in excess of $480 for each full-time student 18years old or older (excluding the head of household or spouse). Adoption assistance payments in excess of $480 per adopted child. Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit. Microbusiness Assistance Application 14 Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the FEDERAL REGISTER and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. The following is a list of income sources that aualifv for that exclusion: Payments to Volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(g), 5058) (e.g., employment through AmeriCorps, Volunteers in Service to America [VISTA], Retired Senior Volunteer Proeram. Foster Grandparents Proeram. youthful offender incarceration alternatives, senior companions) Income derived from certain sub marginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 459e) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L. 94- 540,section 6) Amounts of scholarships funded under title IV of the Higher Education Act of 1965 (20 U.S.C. 1407-1408), including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For section 8 programs only (42 U.S.C. 1437f), any financial assistance in excess of amounts received by an individual for tuition and any other required fees and charges under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall not be considered income to that individual if the individual is over the age of 23 with dependent children (Pub. L. 109-11, section 327) (as amended) Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in In Re Aeent Oranee Liabilitv Litieation. M.D.L. No. 381 (E.D.N.Y.) The value of any childcare provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95-433) allowance paid under the provisions of 38 U.S.C. 1833(c) to children of Vietnam veterans born with spina Microbusiness Assistance Application 15 Microbusiness Assistance Application 16 The following information will be kept confidential and used only to provide aggregate data for program analysis. Completion of this form WILL NOT be used to evaluate your application for participation in the BUSINESS OWNER I BUSINESS OWNER 2 (if applicable) PLEASE MARK ONE: PLEASE MARK ONE: L) WHITE L3 WHITE NATIVE HAWAIIAN / OTHER PAC ISLANDER L3 NATIVE HAWAIIAN OTHER PAC ISLANDER U BLACK/ AFRICAN AMERICAN & WHITE L3 BLACK/ AFRICAN AMERICAN & WHITE Ll OTHER LJ OTHER HEAD OF HOUSEHOLD: L3 YES 0 NO HEAD OF HOUSEHOLD: L3 YES J NO HISPANIC 0 YES J NO HISPANIC J YES J NO J MALE Q FEMALE L3 MALE Ll FEMALE PERSON WITH A DISABILITY Q YES D NO PERSON WITH A DISABILITY L3 YES L3 NO Microbusiness Assistance Application 17 I/VVe as the owners of business located in the City of Downey, certify that vve comply with the Duplication ofBenefits Policy asset forth inthe Program Guidelines. |/VVecertify under penalty mfperjury, underthe|avvsoftheStateofCa|ifornia,that|/VVearenotab|etoneceive, and have not received, other federal or non-federal benefits or assistance for the same purposes as outlined in the program application. Applicant further certifies that |/VVe will not pursue other federal or non-federal benefits for the same uses of the Emergency Microbusiness Assistance Program as outlined in the program application. If |/VVe receive benefits or assistance for the same purpose as stated in the program application, we will report this duplication of assistance to the City within seven (7) business days and immediately return any duplicative grant assistance to the City as required by the Community Development Department. BUSINESS OWNER(S) Signature Printed Name Date Signature Printed Name Date WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001of the U.S. Code states that a person is guilty ofefelony and assistance can be terminated for knowingly and willingly rnehin8 a false or fraudulent statement to a department of the United States Microbusiness Assistance Application 18 # • i # i • # # (complete one signature page for each business owner) The applicant warrants and represents that no City Council Member, City Staff Member, Commission Member, Committee Member, and/or any person who is subject to the provisions of the City's Conflict of Interest Code, has any ownership interest of any kind or amount in the business for which the grant would be issued, or would otherwise receive o financial benefit from any grant which may be extended to applicant andlor for the business. By accepting this grant, i agree to comply with the current and future guidelines and other requirements as set forth by the City of Downey. Name (Print) _ Date Signature i attest that I have read and understood the application and completed the application in full, including the required attachments listed below. i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Required Attachments 1. City of Downey Business License 2. State Identification Card or Driver's License 3. Completed IRS Form W-9 (Request for Taxpayer Identification Number and Certification) (htt�wwvw.irs. oar ub rsa df fw9. df) 4. Most recent California Employment Development Department forms DE-9 and 9C (Quarterly Contribution Return and Report of Wages Form) 5. Documentation of COVID-19 Impact 6. Other documentation/ explanations, as required 7. Owner income documentation a. Supporting documentation for income for all family members b. Most recent federal tax return for all family members over the age of 18 (complete tax return) c. Three most recent bank state ments(complete) for all family members d. Supporting documentation for all asset accounts WARNING: The information provided on this form is subject to verification by HUD at any time, and Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony and assistance can be terminated for knowingly and willingly making a false or fraudulent statement to a department of the United States Government. Microbusiness Assistance Application 19 CityofDownV Addition of CommunityDevelopment Block CARES Act (CDBG-CV)Allocation DRAFT O PUBLIC COMMENTOD October 2020 October i 1 Attachment "C" Draft Substantial Amendment —for public review ME= Annual Action Plan DOWNEY OMB Control No: 2506-0117 (exp. 09/30/2021) EXECUTIVESUMMARY ........................................................................................................................................... 1 PROCESS.................................................................................................................................................................. 2 EXPECTED RESOURCES —9 1.2 2 0k1[1L2) ANNUAL GOALS AND OBJECTIVES —91.220(c)(3)==_=_°_=___~^_..... _=__....... 4 Annual Action Plan DOWNEY OMB Control No: zsus*1zr(exp 09$0/2021) r*A*441111 III VA M I Jill Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the President signed it on March 27, 2020 authorizing $2.2 trillion in a variety of stimulus measures to prevent, prepare for, and respond to the COVID-19 pandemic. The law includes a special allocation of the Community Development Block Grant (CDBG-CV) to enable communities to effectively address the impact of COVID-19 on their communities, especially low- and moderate - income residents. Is] a]: * I Elam II! -I!- ".kTAIRIOT !IVII! IIIIIIIIIIIII!, 11:111 0 0 WMIRWO WIN F63 MI. I Program Administration: $311,780 Draft Substantial Amendment —for public review Given the • to design and launch programs with the CDBG-CV allocation, the CARES Act authorized grantees with the flexibility of providing 5-day public review periods such that residents are provided with reasonable notice of the amendment for the proposed use of the CDBG-CV •I As such, the City • • is conducting an abbreviated review period • this • amendment from October 8 — October 13, 2020. The City will conduct a public hearing for the substantial amendment as part of the October 13, 2020 City Council meeting. Residents can • this meeting virtually • in -person. To • review and comment on the proposed activities, the City of r• published notices advertising the substantial amendment on the City website, social media accounts in available on the City website and hard copies were made available at the City Administration offices, Downey Public Library, and Barbara J. Riley Senior Center. To ensure reasonable participation in the public hearing, residents can attend the meeting in person or watch it live streamed on the City's YouTube channel. Residents participating in the meeting virtually can provide comments to be read aloud via email or telephone message. Sort Activity Target Population Summary F summary of Comments Order —1 Received ll, Public • Minorities The City conducted its (to be completed after public Hearing Non -English public hearing to hearing) Speaking review the CDBG-CV Persons with Substantial disabilities Amendment to the • Broad community 2020 Action Plan on Residents of October 13, 2020. public/assisted housing • Stakeholders 2. Comment :e Minorities The City conducted its (to be completed at close of Period Non -English comment period from public comment period) Speaking October 8 — October • Persons with 13,2020. disabilities Broad community • Residents of public/assisted housing Stakeholders Table Resident Engagement Annual Action Plan DOWNEY Pg. 2 OMB Control No: 2506-0117 (exp. 09/30/2021) L TTq-T-7=- For the special allocation of CDBG-CT resources, the City received two allocations that amounted to the total of $1,558,902. Should HUD authorize additional resources, the City will fti-tLWer a-umd ftisActioi Plaii. M Program Source of Funds Eligible Use of Funds CARES Act Allocation Narrative Description CDBG-CV Public- 0 Public Services $1,558,902 Activities to Federal 0 Economic Development prepare for, 0 Planning and Administration prevent, and respond to coronavirus within the City of Downey. Table 2 - Expected Resources Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied In the initial planning and programming of these resources, the Community Development Department has worked closely with other city departments as well as monitored other funding sources available at the local, state, and federal level to ensure that the City is not providing duplicative assistance and addressing unmet needs and gaps for low- and moderate -income residents. Annual Action Plan DOWNEY Pg. 3 OMB Control No: 2506-0117 (exp. 09/30/2021) E 00 0 0 LO a) 0 0 ca 0) d) a) U) 0;5 C:) -0 a) (f C: :3 cn 7v �E ;r 0 cv) 0 E E -C, i5 -0 cn o -S.Z) Lo- cc O LO E 04 IM C) to .E- co LO LO U- s 1-: Q 0 U) 0 Z'O V (D CL M to E! tm 0 0 c C: 0 a) .9 CD 0 0 (D E E tm 0 a c c 0 0 (L 0 -5 0 > 0 LU a) < 04 W 04 0 C:) LU >. C,4 M C) CN 0 0 vi >- Cj m E cn z 0 0 0 r cn a) 0 0,2 CO 0 N 1 . 1� Draft Substantial Amendment —for public review PROJECTS — 91.220(D) Introduction With the CDBG-CV allocation, the City of Downey will fund the following projects: Projects Public Services for Low -and Moderate - income residents Small Business & Microenterprise - Business Assistance Program COVID-19 Emergency Rental Assistance Program Program Administration Table 4 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs These projects were determined in consultation with City staff, departments, and stakeholders serving low- and moderate -income residents of Downey to identify critical needs resulting from COVID-19 within the City. Project Summary Information Target Area Citywide Goals Supported COVID-19 Response Needs Addressed COVID-19 Impact •CDBG-CV: $247,122 Description Through this project, the City will partner with local community -based organizations to provide food distribution, homeless prevention services, mental health services, senior meals, and basic emergency low- and moderate -income residents adversely by COVID-19 pandemic Target Date 12/31/2022 Estimate the number and It is estimated that 10,340 low- and moderat -income type of families that will residents will benefit from this activity benefit from the proposed activities Annual Action Plan DOWNEY Pg. 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Draft Substantial Amendment -for public review Location Description -Citywide Planned Activities This program will provide immediate assistance to low - and moderate -income residents impacted by COVID-19 for the following activities: • Senior Citizen Food Distribution (City of Downey Parks and Recreation) - $137,122 • Emergency Basic Needs (Downey Unified School District Family Resource Center) - $20,000 • Homeless Prevention Services (The Whole Child) -$50,000 • Substance Abuse Assistance (LA CADA) - $20,000 • Food Distribution (Food Helps) - $20,000 2 Project Name Small Business & Microenterprise Assistance Program Target Area Citywide Goals Supported COVI D-1 9 Response Needs Addressed COVID-19 Impact Funding CDBG-CV: $750,000 Description Through this project, the City will provide local small businesses and microenterprise businesses with grants on eligible expenses to businesses adversely impacted by COVID-19 pandemic Target Date 12/31/2022 Estimate the number and It is estimated that 15 jobs will be created/ retained within type of families that will small businesses and 15 microenterprises will be assisted benefit from the proposed from this activity. activities Location Description Citywide Planned Activities This program will provide immediate assistance via $25,000 grants for overhead expenses, rents, and utilities (excluding city owned utilities), business services, labor expenses, and supplies. 3 Project Name COVID-19 Emergency Rental Assistance Program Target Area Citywide Annual Action Plan DOWNEY Pg. 6 CMB Control No: 2506-0117 (exp. 09/30/2021) MEMMER123= Goals Supported COVID-19 Response Needs Addressed COVID-19 Impact Funding CDBG-CV: $250,000 Description Emergency Rental Assistance grants are rental payments made on behalf of an income -eligible household which will provide grants to income -eligible households economically impacted during the COVID-19 pandemic through job loss, furlough or reduction in hours or pay, residing in the City of Downey. Target Date 12/31/2024 Estimate the number and It is estimated that 156 low- and moderate -income type of families that will residents will benefit from this activity benefit from the proposed activities Location Description Citywide Planned Activities This program will provide immediate assistance to low - and moderate -income residents impacted by COVID-19 for the following activities: COVID —19 Rental Assistance Program (City of Downey Community Development) - $250,000 4 Project Name Program Administration Target Area Citywide Goals Supported All Needs Addressed All Funding CDBG-CV: $311,780 Description This project provides for the administration of the CDBG- CV program activities. Target Date 12/31/2024 Estimate the number and Not Applicable type of families that will benefit from the proposed activities Location Description Not Applicable Annual Action Plan DOWNEY Pg. 7 OMB Control No: 2506-0117 (exp. 09/30/2021) MI7JMGIM3= Planned Activities Subject to the CARES Act and emerging policy from HUD, including program, regulations and waivers, CDBG- CV funds will be used to provide vital public services 1 designed to prevent, prepare for, and respond to the COVID-19 pandemic. This includes activities administered by the City of Downey and/or its sub - recipients to address the needs of Downey residents. . .. . . ........................ Table 5 — Project Details Annual Action Plan DOWNEY Pg. 8 OMB Control No: 2506-0117 (exp. 09/30/2021) M D G ASSOOATB INC, City of Downey City of Downey Dept. of Community & Economic Development 11111 Brookshire Avenue Downey, CA 90241 (562) 869-7331 U IN i ♦ • • I ' . j 1 1 Table of Confenfs A. Encouraging Citizen Participation .......................................... B. Citizen Participation Plan........................................................................................3 1 Plan Development., ..... .......»....».».».......,...»...».»....».......»,...,..»..».........».....»._3 2. Citizen Participation Plan Amendments......... ...... .4 C. Five -Year Consolidated Plan....................,.. ...................... .5 1. Plan Development, .,................. »,........ ,:,. .<. .-�5 2. Consolidated Plan Amendments............................................................»..............8 D. Action Plan......................................................................... , 9 1. Plan Development..................................................................»... » 9 2 Action Plan Amendments .................................................. 10 E. Consolidated Annual Performance and Evaluation Report (CAPER).., ..-, >.-» ........... ,,», 11 1 Report Development........................................................ 12 F. Analysis of Impediments or Assessment of Fair Housing (Al or AFH)... ____ ............ »»..,13 1. Plan Development........................................................... 13 2. Al or AFH Amendments.............................................................. ...... ..»x»...... .15 G. Public Hearings, Notification and Access .............................. 16 1» Public Hearings/Meetings................................................... ».............................. 16 2 Documents for Public Review ............................................. .» 17 Accessto Meetings and Hearings ........................................... ..- .......1 4, Access to Consolidated Plan Documents and Records ......... ___ ...........„..: ..........18 H. Technical Assistance.......................................................»..».......,»...». ,..»., .., ..»..» 19 I. Comments and Complaints . 19 J. Appeals........ ... ........................»........».»..,..,».........,...»».».».».,.». 20 K. CDBG Disaster Recovery (CDBG-DR)....................................................................... 20 L. Special Exceptions and Waivers......... .... ...,....,a...,........... ......,».».».»,».».»,.....»...u...»..» 21 M, Anti -Displacement and Relocation...................................................................... 21 1. Persons Not Eligible for Assistance........................................................................ 22 2. Anti -Displacement Policy., .................. .............. .......».......,.............................23 3. Displacement Assistance ................................................ ___ ...... »..,.>,.,, ...,.,.,...24 4. One -For -One Replacement Dwelling Units ................................ ,,,........ ».»,...... »®.,-.».25 5. Decent, Safe and Sanitary Dwelling .................»............................,,.,,.......».......26 N. Real Property Policies ........ ...... ......... ....... ,....... ............................ ,.,,.,,,,..,,..,.»»»,.»..»;26 l Use 26 . Property ,_______,.__�._~"___`_�^,�___.__. ~"~____~__~ 2. Real Property Acquisition ................................................................................... 27 3` Eligible Activities .............................................................................................. 27 City of Downey PageTnC Draft Citizen Participation Plan I Septennber20l9 am= MOO 0 0 LOU M* M H 0 a * As required by the U.S. Department of Housing and Urban Development (HUD) regulations found at 24 CFR 91.105, this Citizen Participation Plan sets forth the City of Downey's (City) policies and procedures for providing citizens and other interested parties with opportunities to participate in an advisory role in the planning, implementation, and evaluation of the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs. The purpose of the CDBG program is the provision of decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate -income residents earning less than 80 percent of the Area Median income (AMI), or in predominately low- and moderate -income neighborhoods where at least 51 percent of the households are low and moderate -income households. The purpose of the HOME program is to produce new and preserve existing affordable housing opportunities. As a recipient of CDBG and HOME funds, the City is required to produce the following Consolidated Plan Documents: • Citizen Participation Plan - the City's policies and procedures for community participation in the planning, implementation, and evaluation of the CDBG and HOME programs. • Analysis of Impediments to Fair Housing Choice or Assessment of Fair Housing (Al or AFH) - a five-year plan completed by the City individually or as part of a local consortium of other HUD grantees pursuant to HUD guidance for the evaluation of local housing conditions, economics, policies and practices and the extent to which these factors impact the range of housing choices and opportunities available to all residents in an environment free from discrimination. • Consolidated Plan - a five-year plan that documents the City's housing and community development needs, outlines strategies to address those needs and identifies proposed program accomplishments. • Action Plan - an annual plan that describes specific CDBG and HOME projects and activities that will be undertaken over the course of the program year, which runs from July 1 to June 30. • Consolidated Annual Performance and Evaluation Report (CAPER) - an annual report that evaluates the City's accomplishments and use of CDBG funds. The HUD requirements for citizen participation do not restrict the responsibility or authority of the City for the development and execution of the Consolidated Plan documents or the CDBG and HOME programs, but rather facilitate citizen access to, and engagement with the CDBG and HOME programs. In accordance with the regulations, the minimum annual number of public hearings before the City Council at which citizens may express their views concerning the Consolidated Plan Documents shall be two (2) public hearings. These public hearings shall occur at two different points during the program year, as directed by the Director of Community Development. Additional public hearings and comment periods may be City of Downey Page I Draft Citizen Participation Plan I May 2020 held in the development of the AFH or Al and the Consolidated Plan for 2020-2024 and in the event of a substantial amendment to the Citizen Participation Plan, Consolidated Plan, or Action Plan becomes necessary as described later in this document. The City, at its discretion, may conduct additional outreach, public meetings or public hearings as necessary to foster citizen access and engagement. The City encourages citizens to participate in the development of the Citizen Participation Plan, Consolidated Plan, AFH or Al, Action Plan, and CAPER. The City encourages participation by low- and moderate -income persons, particularly those living in slum and blighted areas (if any such areas are formally designated) and in areas where CDBG funds are proposed to be used, and by residents of predominantly low- and moderate -income neighborhoods. Low- and moderate -income neighborhoods are defined as those in which 51 percent of the residents have incomes at or below 80 percent of area median income. The City shall also take appropriate actions to encourage the participation of all its citizens, including minorities and non- English speaking persons, as well as persons with disabilities. The City shall make a concerted effort to notify and encourage the participation of citizens, local and regional institutions, the local Continuum of Care organization addressing homelessness, and public and private organizations including businesses, developers, nonprofit organizations, philanthropic organizations, community -based and faith -based organizations, broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of flood prone areas, public land or water resources, emergency management agencies, state and local health service providers, social service providers, fair housing organizations, state and local governments, public housing agencies, affordable housing developers, businesses, community and faith based organizations, and other stakeholders in the amendment of the Citizen Participation Plan or the development of the Al or AFH, Consolidated Plan, or Action Plans through mailings (including electronic mailings), online postings and public notices in the newspaper. The City may also explore alternative public involvement techniques and quantitative ways to measure efforts that encourage citizen participation in a shared vision for change in communities and neighborhoods, and the review of program performance as directed by the Director of Community Development. All communication regarding the Citizen Participation Plan and the Consolidated Plan documents should be directed to: City of Downey Community Development Department Attn: Economic Development and Housing Division Manager 11111 Brookshire Avenue Downey, CA 90241 (562) 869-7331 City of Downey Page 2 Draft Citizen Participation Plan I May 2020 The following describes the process and procedures related to the development of the Citizen Participation Plan. The City's Citizen Participation Plan development procedures are outlined below. a. Plan Considerations As a part of the Citizen Participation Plan process, and prior to the adoption of the Consolidated Plan, the City shall make available the information required by HUD. This information shall be made available to citizens, public agencies, and other interested parties. b. Plan Review and Comment The draft Citizen Participation Plan shall be made available for public review for a 30-day period. The Citizen Participation Plan shall be provided in a format accessible to persons with disabilities upon request. Such formats may include, but are not limited to those providing oral, Braille, electronic or large print versions of the plan to those visually impaired and delivering copies to those who are homebound. The Citizen Participation Plan shall encourage comment and participation by minorities and non-English speakers. Publication of the availability of the draft plan shall be in accordance with the City's adopted Title VI Program: Language Access Plan adopted May 2018. Written comments shall be accepted by the Economic Development and Housing Division Manager during the public review period. A summary of all written comments and those received during the public hearing as well as the City's responses shall be attached to the Citizen Participation Plan prior to submission to HUD. The City shall conduct a public hearing or meeting to accept public comments on the draft Citizen Participation Plan. The City Council may approve or reject the Citizen Participation Plan, or approve the plan with modifications d. Submittal to HUD The Citizen Participation Plan shall be approved as a stand-alone document. The City shall provide HUD with copies of the approved document, a summary of all written comments and those received during the public hearing as well as the City's responses and proof of compliance with the minimum 30-day public City of Downey Page 3 Draft Citizen Participation Plan I May 2020 review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be included. The City shall follow the following procedure to amend the Citizen Participation Plan, as necessary: a. Amendment Considerations The City shall amend the Citizen Participation Plan, as necessary, to ensure adequate engagement and involvement of the public in making decisions related to the programs and documents governed by 24 CFR Part 91. Formal amendment of the Citizen Participation Plan may be required should a provision of the Citizen Participation Plan be found by the City to conflict with HUD regulations. b. Public Review and Comment Amendments to the Citizen Participation Plan shall be made available for public review for a 30-day period. A public hearing shall be conducted so that citizens may express their views. Written comments shall be accepted by the Economic Development and Housing Division Manager during the public review period. A summary of all written comments and those received during the public hearing as well as the City's responses shall be attached to the amended Citizen Participation Plan prior to submission to HUD. Minor edits to the plan, such as updating contact information, will not constitute a "Substantial Amendment", and therefore, will not be released for public review and comment. Copies shall be made available following the process described in Section G of this document. c. Public Hearing The City shall conduct a public hearing to review and accept public comments on the draft amendment to the Citizen Participation Plan. d. Submittal to HUD A copy of the Amended Citizen Participation Plan, including a summary of all written comments and those received during the public hearing as well as the City's responses and proof of compliance with the minimum 30-day public review and comment period requirement shall be submitted to HUD for their records. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable. City of Downey Page 4 Draft Citizen Participation Plan I May 2020 The following paragraphs describe the policies and procedures for the development of the Five -Year Consolidated Plan. To comply with 24 CFR Part 91.105(b), the information supplied in the draft Consolidated Plan for public review shall include: • The amount of assistance the City expects to receive (grant funds and program income); • The range of activities that may be undertaken; and • The estimated amount of funding that will benefit low- and moderate -income persons. The City shall also provide an assessment of community development and housing needs, identify short term and long-term community development objectives directed toward the provision of decent housing and the expansion of economic opportunities primarily for persons of low- and moderate -income. Additionally, the City shall attest to its compliance 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, as effectuated by the City°s adopted Residential Anti -Displacement and Relocation Assistance Plan, as required under Section 104(d) of the Housing and Community Development Act of 1974, as amended. Persons displaced as a result of HUD -assisted activities, whether implemented by the City or by others, shall receive relocation benefits as required under Federal Law. The City shall make this information available in the Consolidated Plan published for public review and comment. The City encourages the participation of residents and stakeholders in the development of the Consolidated Plan. The City shall implement the following procedures in the development and adoption of the Consolidated Plan: a. Plan Considerations The City will make a concerted effort to notify and encourage the participation of citizens, local and regional institutions, the local Continuum of Care organization addressing homelessness, and public and private organizations including businesses, developers, nonprofit organizations, philanthropic organizations, community -based and faith -based organizations, broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of flood prone areas, public land or water resources, emergency management agencies, state and local health service providers, social service providers, fair housing organizations, state and local governments, public housing agencies, affordable housing developers, businesses, community and faith based organizations, and City of Downey Page 5 Draft Citizen Participation Plan I May 2020 other stakeholders in the development of the Consolidated Plan through mailings (including electronic mailings), online postings and public notices in the newspaper. When preparing the portion of the Consolidated Plan describing the City's homeless strategy and the resources available to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) and persons at risk of homelessness, the jurisdiction shall consult with: 0 The Los Angeles Homeless Services Authority; Public and private agencies that address housing, health, social service, victim services, employment, or education needs of low-income individuals and families; homeless individuals and families, including homeless veterans; youth; and/or other persons with special needs; Publicly funded institutions and systems of care that may discharge persons into homelessness (such as health-care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and • Business and civic leaders. When preparing the portion of the Consolidated Plan concerning lead -based paint hazards, the City shall consult with state or local health and child welfare agencies and examine existing data related to lead -based paint hazards and poisonings, including health department data on the addresses of housing units in which children have been identified as lead poisoned. When preparing the description of priority non -housing community development needs, the City shall notify adjacent units of general local government, to the extent practicable. The non -housing community development plan must be submitted to the State of California and to the County of Los Angeles. The City shall consult with adjacent units of general local government, including local government agencies with metropolitan -wide planning responsibilities to identify solutions to problems of a regional nature. The City shall consult with the Housing Authority of the County of Los Angeles, the local public housing agency (PHA) concerning public housing needs and planned programs and activities. If the City becomes eligible to receive Emergency Solutions Grant (ESG) funds in the future, the City shall consult with the Continuum of Care in determining how to allocate its ESG grant for eligible activities; in developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and in developing funding, policies, and procedures for the operation and administration of the HMIS. City of Downey Page 6 Draft Citizen Participation Plan I May 2020 The City shall employ, at its discretion, a variety of methods to solicit input from these persons/service providers/agencies. These methods include, but are not limited to telephone or personal interviews, focus groups, surveys, internet-based feedback and consultation workshops. b. Plan Review and Comment The complete, draft Consolidated Plan shall be made available for public review for a 30-day period. The draft Consolidated Plan shall be provided in a format accessible to persons with disabilities upon request. Such formats may include, but are not limited to providing oral, Braille, electronic or large print versions of the plan to those visually impaired and delivering copies to those who are homebound. The City shall encourage comment and participation by minorities and non- English speakers. Publication of the availability of the draft Consolidated Plan shall be in accordance with the City's adopted Title VI Program. The City shall encourage comment and participation by low- and moderate - income residents, especially those living in low- and moderate -income neighborhoods, in areas where CDBG funds are proposed to be used and residents of public and assisted housing. Activities to encourage participation may include, but are not limited to, advertising publication of the Consolidated Plan in target areas, hosting community meetings in target areas, and making copies of the Consolidated Plan available in these neighborhoods. Copies shall be made available following the process described in Section G of this document. Written comments shall be accepted by the Economic Development and Housing Division Manager during the public review period. A summary of all written comments and those received during the public hearing as well as the City's responses shall be attached to the Consolidated Plan prior to submission to HUD. The City shall conduct a public hearing to accept public comments on the draft Consolidated Plan. Section G describes the process for publishing notice for and conducting public hearings. d. Submittal to HUD The Consolidated Plan shall be submitted to HUD with a summary of all written comments and those received during the public hearing as well as the City's responses and proof of compliance with the minimum 30-day public review and comment period requirement. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as applicable. The Consolidated Plan shall be submitted to HUD 45-days before the program year City of Downey Page 7 Draft Citizen Participation Plan I May 2020 pursuant to regulations, or at such later date as prescribed by HUD. The Consolidated Plan shall be submitted to HUD though HUD's e-Con Planning Suite in the Integrated Disbursement and Informaiton System (IDIS). The City shall follow the following procedure to complete substantial or minor amendments to the Consolidated Plan, as necessary: a. Amendment Considerations The City shall substantially amend the Consolidated Plan if a "substantial change" is proposed by City staff or the City Council. For the purpose of the Consolidated Plan, a "substantial change" is defined as: • The City adds or deletes a Consolidated Plan - Strategic Plan goal. The City may make minor changes to the Consolidated Plan, as needed, so long as the changes do not constitute a substantial amendment as described above. Changes to numeric accomplishment goals within an existing Strategic Plan goal shall not constitute a substantial amendment. Such minor changes to the Consolidated Plan do not require a public review and comment period or a public hearing. b. Public Review and Comment The City encourages residents and stakeholders to participate in the development of substantial amendments. Substantial Amendments to the Consolidated Plan shall be made available for public review for a 30-day period. Written comments shall be accepted by the Economic Development and Housing Division Manager or designee during public review period. A summary of the comments and the City's responses to the comments shall be attached to the Consolidated Plan Substantial Amendment. The City shall encourage participation from all residents, especially low- and moderate -income residents, minorities, non-English speakers and those with disabilities. Copies shall be made available in accordance with the process described in Section G of this document. The City shall conduct a public hearing to accept public comments on the draft Substantial Amendment to the Consolidated Plan. Section G describes the process for publishing notice for and conducting public hearings. City of Downey Page 8 Draft Citizen Participation Plan I May 2020 A copy of the Consolidated Plan Substantial Amendment, including a summary of all written comments and those received during the public hearing as well as the City's responses and proof of compliance with the minimum 30-day public review and comment period requirement shall be submitted to HUD for their records. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD. A copy of any minor amendments shall be submitted to HUD when required. The Consolidated Plan Substantial Amendment shall be submitted to HUD though HUD's e-Con Planning Suite in the Integrated Disbursement and Informaiton System (IDIS). The following describes the process and procedures related to the development of the Action Plan each year: N 0 4 NTIVI 717-7 7-1 r-T-TA 7XII 1 Each year, the City prepares an Action Plan listing the activities to be undertaken with CPD funds. The City shall implement the following procedures in the development and adoption of the Action Plan: a. Plan Considerations In addition to residents, the City will ensure that public (including City staff) and private agencies that provide the following services will be consulted in the development of the Action Plan: • Health Service Providers • Social Services for: Children, Elderly, Disabled, Homeless, and Persons with AIDS • State and Local Health Agencies • Adjacent Local Governments • Housing Authority (Los Angeles County Development Authority) b. Plan Review and Comment The draft Action Plan incorporating the City's proposed uses of CDBG and HOME funds shall be made available for public review for a 30-day period. In a manner similar to that set forth for the Consolidated Plan, the City shall encourage participation from all residents, especially low- and moderate - income residents, minorities, non-English speakers and those with disabilities. The City shall make the plan accessible to all such groups. Copies shall be made available following the process described in Section G of this document. Written comments shall be accepted during public review period by the Economic Development and Housing Division Manager. A summary of the City of Downey Page 9 Draft Citizen Participation Plan I May 2020 comments and the City's responses to the comments shall be attached to the draft Action Plan. c. Public Hegdng The City shall conduct two (2) public hearings during ehe preparation of the Action Plan: • The first public hearing will be held before the Downey City Council to accept public comments on funding priorities for the upcoming year; and • The second public hearing will be held before the Downey City Council to accept public comments on the draft Annual Action Plan. The City Council shall approve, approve with modifications, or reject the Action Plan. Section G describes the process for publishing notice for and conducting public hearings. d. Submittal to HUD Upon adoption of the Annual Action Plan by the City Council, staff shall submit the Action Plan to HUD. Documents related to the public participation process, including copies of public notices and a summary of all public comments received, shall be attached to Action Plan. The Action Plan shall be submitted to HUD at least 45-days before the program year pursuant to regulations, or as otherwise allowed or required by HUD. The Action Plan shall be submitted to HUD though HUD's e-Con Planning Suite in the Integrated Disbursement and Informaiton System (IDIS). Mv-,ya � M 9 17-17-T=11 - I I i L--1 i I P1 The City shall follow the following procedure to complete substantial and minor amendments to the Action Plan, as needed: a. Amendment Considerations The City shall substantially amend the Action Plan if a "substantial change" is proposed by City staff or the City Council. For the purpose of the Action Plan, a "substantial change" is defined as: • Addition of a new activity not previously identified in the Action Plan, without regard to funding source; • Cancellation of an existing activity identified in the Action Plan, without regard to funding source; • A change in the purpose, scope, location or beneficiaries of an activity; or City of Downey Page 10 Draft Citizen Participation Plan I May 2020 • Changes in the use of CDBG funds from one eligible activity to another eligible activity meeting the following thresholds: The City may make minor changes to the Action Plan, including any change not included in the definition of a "substantial change" above, as needed, so long as the changes do not constitute a substantial amendment as described above. Such minor changes to the Action Plan do not require a public review and comment period or a public hearing. However, City Council approval of activity funding changes may be required based on the amount and City policy. b. Public Review and Comment The City encourages citizen participation in the development of substantial amendments. Substantial Amendments to the Action Plan shall be made available for public review for a 30-day period. Written comments shall be accepted during the public review period. Comments should be directed to the Economic Development and Housing Division Manager. A summary of the comments and the City's responses to the comments shall be attached to the Action Plan Substantial Amendment. The City shall encourage participation from all residents, especially low- and moderate -income residents, minorities, non-English speakers and those with disabilities. The City shall make the plan accessible to all such groups. Copies shall be made available following the process described in Section G of this document. alwm=�Vlll The City shall conduct a public hearing to review and consider the Substantial Amendment to the Action Plan. The City shall accept public comments on the Substantial Amendment to the Action Plan at the public hearing. After public comments are heard and considered, the City Council shall approve, approve with modifications, or deny the request for a substantial amendment to the Action Plan. Section G describes the process for publishing notice for and conducting public hearings. d. Submittal to HUD A copy of the Substantial Amendment to the Action Plan along with copies documenting the public participation process (i.e. public notices and public comments) shall be submitted for their records. Similarly, minor amendments shall be submitted to HUD. The Action Plan Substnatial Amendment shall be submitted to HUD though HUD's e-Con Planning Suite in the Integrated Disbursement and Informaiton System (IRIS). : City of Downey Page I I Draft Citizen Participation Plan I May 2020 The City shall • the following procedures in the development of the Consolidated Annual Performance and Evaluation Report (CAPER): The City shall develop, approve and submit a CAPER within 90-days of the conclusion of each program year. City of Downey Page 12 Draft Citizen Participation Plan I May 2020 Staff shall evaluate and report the accomplishments of the previous program year for all CDBG and HOME activities and shall provide information on program expenditures and other metrics as required by HUD. b. Review and Comment The City encourages citizen participation in the development of the CAPER. The draft CAPER shall be made available for public review for a 15-day period. Written comments will be accepted during public review period by the Economic Development and Housing Division Manager. A summary of any written comments received, or oral comments provided during the public hearing and the City's responses to those comments shall be attached to the CAPER submission to HUD. Copies of the draft CAPER shall be made available following the process described in Section G of this document. c. Submittal to HUD Upon completion of the public review period, City staff shall submit the CAPER to HUD. Documents related to the public participation process, including copies of public notices and a summary of all public comments received, shall be attached to the CAPER. The CAPER shall be submitted to HUD within 90 days following the end of the program year pursuant to regulations. The CAPER shall be submitted to HUD though HUD's e-Con Planning Suite in the Integrated Disbursement and Informaiton System (IDIS). The Analysis of Impediments to Fair Housing Choice (AI) or Assessment of Fair Housing (AFH) is a five-year plan completed by the City individually or as part of a local consortium of other HUD grantees pursuant to HUD guidance for the evaluation of local housing conditions, economics, policies and practices and the extent to which these factors impact the range of housing choices and opportunities available to all residents in an environment free from discrimination. As of April 2019, HUD has suspended the AFH planning framework. HUD currently requires the submission of an Al for grantees submitting Consolidated Plans for FY2019. The following describes the process and procedures related to the development of the Al or AFH. RNUE313�� The City shall implement the following procedure in the preparation and adoption of the Al or AFH: City of Downey Page 13 Draft Citizen Participation Plan I May 2020 a. Considerations As soon as feasible after the start of the public participation process for the Al or AFH, the City will make the HUD -provided data and any other supplemental information available to residents, public agencies and other interested parties by posting the data on the City's website and referencing this information in public notices. The City will make a concerted effort to notify and encourage the participation of citizens, local and regional institutions, the local Continuum of Care organization addressing homelessness, and public and private organizations including businesses, developers, nonprofit organizations, philanthropic organizations, community -based and faith -based organizations, broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of flood prone areas, public land or water resources, emergency management agencies, state and local health service providers, social service providers, fair housing organizations, state and local governments, public housing agencies, affordable housing developers, businesses, community and faith based organizations, and other stakeholders in the development of the Al or AFH through mailings (including electronic mailings), online postings and public notices in the newspaper, as well as telephone or personal interviews, mail surveys, internet- based feedback and consultation workshops. b. Review and Comment The draft Al or AFH shall be made available for public review for a 30-day period. Written comments shall be accepted during public review period by the Economic Development and Housing Division Manager. A summary of the comments and the City's responses to the comments shall be attached to the Al or AFH. Copies shall be made available following the process described in Section G of this document. slw��M The City Council shall conduct a public hearing to accept public comments on the draft Al or AFH. After public comments are heard and considered by the City Council, the City Council shall approve or reject the Al or AFH. Section G describes the process for publishing notice for and conducting public hearings. d. Submittal to HUD Upon adoption of an Al, the City shall retain the Al in its records and annually report on the status and disposition of the Fair Housing Plan recommendations. Upon adoption of an AFH, the City shall submit the AFH to HUD for review and acceptance or rejection. The goals of the AFH shall be incorporated into the Consolidated Plan prior to submission of the Consolidated Plan to HUD. City of Downey Page 14 Draft Citizen Participation Plan I May 2020 f+A W-1 I r-Tff_1 WO F-1 r, I =_1 0 17171-2 T 11 The City shall follow the following procedure to complete substantial amendments to Al or AFH, as needed. a. Amendment Considerations The City shall substantially amend the Al if a "substantial change" is proposed by City staff or the City Council. For the purpose of the Al, a "substantial change" is defined as the addition or deletion of Fair Housing Plan recommendations. The City shall substantially amend the AFH if a "substantial change" is proposed by City staff or the City Council or as otherwise required by HUD. An AFH that was previously accepted by HUD must be revised and submitted to HUD for review if a material change occurs. A material change is a change in circumstances in the jurisdiction of a program participant that affects the information on which the AFH is based to the extent that the analysis, the fair housing contributing factors, or the priorities and goals of the AFH no longer reflect actual circumstances. Examples include Presidentially declared disasters, under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), in the program participant's area that are of such a nature as to significantly impact the steps a program participant may need to take to affirmatively further fair housing; significant demographic changes; new significant contributing factors in the participant's jurisdiction; and civil rights findings, determinations, settlements (including Voluntary Compliance Agreements), or court orders; or, upon HUD's written notification specifying a material change that requires the revision. A revision to the AFH consists of preparing and submitting amended analyses, assessments, priorities, and goals that take into account the material change, including any new fair housing issues and contributing factors that may arise as a result of the material change. b. Public Review and Comment The City encourages residents and stakeholders to participate in the development of substantial amendments. Substantial Amendments to the Al or AFH shall be made available for public review for a 30-day period. Written comments will be accepted by the Economic Development and Housing Division Manager or designee during the public review period. A summary of the comments and the City's responses to the comments will be attached to the Consolidated Plan Substantial Amendment. The City will encourage participation from all residents, especially low- and moderate -income residents, minorities, Spanish speakers and those with disabilities. The City will take efforts to make the plan accessible to all such groups. Copies will be made available following the process described in Section G of this document. City of Downey Page 15 Draft Citizen Participation Plan I May 2020 c. Public Hearing. The City shall conduct a public hearing to accept public comments on the draft amendment to the Al or AFH. The City Council may approve or reject the amendment to the Al or AFH. A revised AFH must be submitted within 12 months of the onset of a material change that triggers a "Substantial Amendment," or at such later date as HUD may specify. Section G describes the process for publishing notice for and conducting public hearings. The following policies and procedures outlining the public hearing process and public hearing notification apply to the development and substantial amendment of the Citizen Participation Plan, Five Year Consolidated Plan, Action Plan, CAPER, and Al or AFH. i =21ill :11 ri::I: 117� � I � Z912= a. Public Hearing Process The City shall conduct a minimum of two (2) public hearings per year to obtain citizens' views and comments. These meetings shall be conducted at different times of the program year and together will cover the following topics: • Housing and Community Development Needs • Development of Proposed Activities • Review of Program Performance During a program year when the City develops an Al or AFH and Consolidated Plan, at least one public hearing shall be conducted prior to the draft Al or AFH and Consolidated Plan being published for comment. b. Public Hearing Notification Staff shall ensure adequate advance notice of all public meetings and hearings. Notices shall be printed/posted at least I 0-days prior to the meeting date. Adequate noticing shall include: • Publishing a public notice in a newspaper of general circulation; and • Posting copies of notices on the City website. Notices shall include information on the topic of the meeting, including summaries when appropriate, to properly inform the public. Notices shall be published in accordance with the Title VI Program and shall be accessible to those with disabilities. Meeting location and access is described below. City of Downey Page 16 Draft Citizen Participation Plan I May 2020 Staff shall ensure adequate advance notice of all public review/comment periods. Notices shall be printed / posted prior to the commencement of the public review period alerting residents of the documents for review and providing a summary of the contents of the documents to include information on the content and purpose of the document and the list of locations where copies of the entire draft document(s) may be reviewed. The public comment period for each Consolidated Plan Document and substantial amendment to each document subject to public review is listed below: The City shall ensure that documents are available for disabled, minority and non- English speaking residents (Spanish and Korean in accordance with City's Title VI Program). In addition, individuals needing a City form, notice or agenda to be translated to another language, should contact the City Clerk at (562) 904-7284. Adequate noticing shall include: Publishing a public notice in the local Press Telegram, a newspaper of general circulation; • Posting copies of notices on the City website; and • Posting notices at City Hall. The City shall place an adequate supply of draft copies of each document and substantial amendments to each document subject to public review at the following locations: I I 111 Broo�. e Avetue Downey, CA 90241 Downey Public Library 1 121 1 Brookshire Avenue Downey, CA 90241 7810 Quill Dr., Downey, CA 90242 Downey, CA 90242 City of Downey Page 17 Draft Citizen Participation Plan I May 2020 Public Notices and draft documents shall also be posted to the City website at: www.downeyca.org All printed reports and materials shall be made available in a form accessible to persons with disabilities, upon request. MYSTMETIM WMEMLE= Meetings for items that require City Council action shall be conducted in front of the Downey City Council at 6:30 P.M. at the Downey City Hall Council Chambers (11111 Brookshire Avenue, Downey, California 90241). For public meetings or hearings not requiring City Council action, the City shall make every effort to conduct such meetings in the low- and moderate -income target areas and at times accessible and convenient to potential and actual beneficiaries. It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, the Architectural Barriers Act, and the City's adopted Title VII Plan in all respects. Individuals with disabilities who need special assistance to participate in City Council meetings can complete the City's Title 11 ADA Reasonalbe Accomodation Form located on the City's website (Farm Link) and at City Hall - City Clerk's Department, 11111 Brookshire Avenue, Monday - Friday, 7:30 a.m. - 5:30 p.m. Individuals must submit the request to the City Clerk's office or or contact them at (562) 904-7280 or, the California Relay Service at 7-1-1. Notification at least 48 hours prior to the meeting will enable the City to make arrangements to assure accessibility. The City of Downey will provide appropriate auxiliary aids and services whenever necessary for those individuals who have hearing, sight or speech impairments, unless to do so would result in a fundamental alteration of its programs or an undue administrative or financial burden. No surcharge will be placed on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing these auxiliary aids/services or reasonable accommodations. For information regarding the Americans with Disabilities Act, accommodations for other City services, events and programming, and/or contact the City's ADA/Section 504 Coordinator at (562) 299-6619 or ADACoordinotgL@downe org. ygg_ Approved Consolidated Plan Documents and any approved amendments thereto, shall be kept on file in the Economic Development and Housing Division (I I 111 Brookshire Avenue, Downey, CA 90241) and online at: www.downeyca.org. City of Downey Page 18 Draft Citizen Participation Plan I May 2020 Reasonable efforts shall be made to accommodate requests for documents in other languages in accordance with the City's Title VI Program. Reasonable efforts shall be made to accommodate requests for documents in an accessible format for those with disabilities. Such formats may include, but are not limited to providing oral, Braille, electronic or large print versions of the plan to those visually impaired and delivering copies to those who are homebound. Requests for information and records shall be made to the City in writing. Staff shall respond to such requests within 15 working days or as soon as possible thereafter. illills M-=. 1111113TUIR, =17 Technical assistance to applicants for CDBG and HOME funds is available from the Economic Development and Housing Division as follows: • If published, any Notice of Funding Availability (NOFA) shall provide self- explanatory application form(s) to facilitate access to CPD funds. • Staff shall answer, in writing, all written questions and answer verbally all verbal inquiries received from citizens or representative groups pertaining to the NOFA and application(s). • Staff shall conduct a project eligibility analysis to determine the eligibility of each project. In cases where only minor adjustments are needed to make proposals eligible or otherwise practical, staff shall advise the applicants on the options available and desired changes to the proposals. • Staff shall arrange for translation on as -needed basis. To request technical assistance, contact the Economic Development and Housing Division Manager at (562) 904-7152. Citizens or the City government, as well as agencies providing services to the community, are encouraged to state or submit their comments in the development of the Consolidated Plan Documents and any amendments to the Consolidated Plan. Written and verbal comments received at public hearings or during the comment period, shall be considered and summarized, and included as an attachment to the City's final Consolidated Plan. Written comments should be addressed to: Economic Development and Housing Division Manager, Economic Development and Housing Division, 11111 Brookshire Avenue, Downey, CA 90241. A written response shall be sent in response to written comments within 15 working days. A complaint regarding the Consolidated Planning process and Consolidated Plan amendments must be submitted in writing to the Economic Development and Housing Division. A written response shall be made to written complaints within 15 working days, acknowledging the complaint. Written complaints should be addressed to: Economic Development and Housing Division Manager, Economic Development and Housing City of Downey Page 19 Draft Citizen Participation Plan I May 2020 Division, 11111 Brookshire Avenue, Downey, CA 90241. The City shall accept written complaints provided that the complaint specifies: •: The description of the objection, and supporting facts and data; and • Provide name, address, telephone number, and the date of complaint. "IIIIIIIIIIIIIII13M =-. Appeals concerning the Consolidated Plan Documents, statements, or recommendations of City Staff should be made to the following persons in the order presented: • Economic Development and Housing Division Manager • Director of Community Development • City Manager • City Council • Los Angeles Area Office of HUD (if concerns are not answered) In the event of a federally -declared major disaster or emergency for which the City of Downey is to receive and administer HUD disaster recovery assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act and related Congressional Appropriations, either directly from HUD or through the State of California, the following citizen participation requirements shall apply to the development of Action Plans and Substantial Amendments to Action Plans for disaster recovery: Before the City adopts the Action Plan for a disaster recovery grant or any substantial amendment to a disaster recovery grant Action Plan, the City will publish the proposed plan or amendment on the City website and will cross- reference with any additional disaster recovery websites established to provide information to the public concerning assistance that may be available. 2. The City and/or subrecipients will notify affected citizens through USPS and/or electronic mailings, press releases, public service announcements, public notice(s), and/or through social media. 3. The City will ensure that all citizens have equal access to information about the programs, including persons with disabilities and Language Access Plan (Title VI Plan) persons. Program information will be made available in the appropriate languages for the City. 4. Subsequent to publication of the Action Plan or substantial amendment, the City will provide a reasonable opportunity of at least seven (7) days for receiving comments, or a longer period as prescribed by the Federal Register Notice governing administration of the HUD disaster recovery assistance. 5. The City will take comments via USPS mail to: Economic Development and Housing Division Manager, Economic Development and Housing Division, 1 111 1 City of Downey Page 20 Draft Citizen Participation Plan I May 2020 Brookshire Avenue, Downey, CA 90241. 6. In the Action Plan, the City will specify criteria for determining what changes in the City's plan constitute a substantial amendment to the plan. At a minimum, the following modifications will constitute a substantial amendment: a change in program benefit or eligibility criteria; the addition or deletion of an activity; or the allocation or reallocation of a monetary threshold of more than $750,000. 7. A public website shall be established and publicized specifically for the disaster. Initially, the City's website may be used at: wwwdowqg)tgo.org. The website shall contain the Action Plan (including all amendments); each Quarterly Performance Report (QPR); procurement policies and procedures; executed contracts; status of services or goods currently being procured by the City (e.g., phase of the procurement, requirements for proposals, etc.). 8. The City will consider all written comments regarding the Action Plan or any substantial amendment. A summary of the comments and the City's response to each comment will be provided to HUD or the State with the Action Plan or substantial amendment. 9. The City will provide a timely written response to every citizen complaint. The response will be provided within 15 working days of the receipt of the complaint, to the extent practicable. 10.The City will notify HUD when it makes any plan amendment that is not substantial. HUD or the State will be notified at least five business days before the amendment becomes effective. L. Special Exceptions and Waivers When authorized by HUD via waiver or statute to respond to an exigent or emergency situation, the City of Downey may modify its Citizen Participation Plan approach to conform with the flexibilities granted by HUD. These exceptions may be applied to all documents referenced in this Citizen Participation Plan, including the Citizen Participation Plan, Consolidated Plan, Annual Action Plan, Consolidated Annual Performance and Evaluation Report, Analysis of Impediments/ Assessment of Fair Housing, and any amendments to these documents. Such modifications may include: • Reduced public review period, • Modified placement of notices and documents for public review, • Modified structure of public hearings, or • Alternative requirements, as identified and allowed by HUD. ri A91 M11 INTZ-=- The City's Anti -displacement and Relocation Plan describes how Downey will assist persons who must be temporarily relocated or permanently displaced due to the use of HUD funds. This plan takes effect whenever the City funds projects that involve the following: Property acquisition; Potential displacement of people from their homes and the need to relocate City of Downey Page 21 Draft Citizen Participation Plan I May 2020 people (either permanently or temporarily); and The demolition or conversion of low- and moderate -income dwelling units. Two acts apply whenever any of the above issues are present: The Uniform Relocation Assistance and Real Property Policies Act of 1970 (URA) and Section 104(d) of the Housing and Community Development Act of 1974. Each of these acts place different obligations on the City. The URA governs the processes and procedures which the City must follow to minimize the burden placed on low- and moderate -income tenants, property owners, and business owners who must move (either temporarily or permanently) as the result of a project funded in whole or in part by the CDBG program. The URA applies to: • Displacement that results from acquisition, demolition, or rehabilitation for HUD - assisted projects carried out by public agencies, nonprofit organizations, private developers, or others; •- Real property acquisition for HUD -assisted projects (whether publicly or privately undertaken); • Creation of a permanent easement or right of way for HUD -assisted projects (whether publicly or privately undertaken); and • Work on private property during the construction of a HUD -assisted project even if the activity is temporary. Displacement occurs when a person moves as a direct result of federally assisted acquisition, demolition, conversion, or rehabilitation activities, because they are: • Required to move; or • Not offered a decent, safe, sanitary and affordable unit in the project; or • Treated "unreasonably" as part of a permanent or temporary move. A person may also be considered displaced if the necessary notices are not given or provided in a timely manner and the person moves for any reason. The term displaced person means any person that moves from real property or moves their personal property from real property permanently as a direct result of one or more of the following activities: • Acquisition of, written notice of intent to acquire, or initiation of negotiations to acquire such real property, in whole or in part, for a project; • Rehabilitation or demolition of such real property for a project; and • Rehabilitation, demolition, or acquisition (or written notice of intent) of all or a part of other real property on which the person conducts a business or farm operation, for a project. The City shall cause advisory and financial assistance to be available to eligible tenants (or homeowners) who meet the above definition. 1. Persons Not Eligible for Assistance City of Downey Page 22 Draft Citizen Participation Plan I May 2020 A person is not eligible for relocation assistance under the provisions of the URA if any of the following occurs: The person was evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local law, or other good cause. However, if the person was evicted only to avoid the application of URA, then that person is considered displaced and is eligible for assistance; • The person has no legal right to occupy the property under State or local low; • The City determines that the person occupied the property to obtain relocation assistance and the HUD Field Office concurs in that determination; • The person is a tenant -occupant that moved into the property after a certain date, specified in the applicable program regulation, and, before leasing and occupying the property, the City or its subrecipient provided the tenant - occupant written notice of the application for assistance, the project's impact on the person, and the fact that he or she would not qualify as a "displaced person" because of the project; • The person is a tenant -occupant of a substandard dwelling that is acquired or a tenant -occupant of a dwelling unit to which emergency repairs are undertaken and the HUD field office concurs that: o Such repairs or acquisition will benefit the tenant; o Bringing the unit up to a safe, decent, and sanitary condition is not feasible; o The tenant's new rent and average estimated monthly utility costs will not exceed the greater of: the old rent/utility costs or 30 percent of gross household income; and o The project will not impose any unreasonable change in the character or use of the property. • The person is an owner -occupant of the property who moves because of an arm's length acquisition; • The City or its subrecipient notifies the person that they will not displace him or her for the project; and • The person retains the right of use and occupancy of the real property for life following the acquisition. The City determines that the person is not displaced as a direct result of the acquisition, rehabilitation, or demolition for the project and the HUD field office concurs in the determination. I 1 10 M9110101:41_11:413= City of Downey Page 23 Draft Citizen Participation Plan I May 2020 The City will take reasonable steps to minimize displacement occurring as a result of its CDBG activities. This means that the City will: • Consider if displacement will occur as part of funding decisions and project feasibility determinations; • Assure, whenever possible that occupants of buildings to be rehabilitated are offered an opportunity to return; • Plan substantial rehabilitation projects in "stages" to minimize displacement; and • Meet all HUD notification requirements so that affected persons do not move because they have not been informed about project plans and their rights. The City seeks to minimize, to the greatest extent feasible, the displacement, whether permanently or temporarily, of persons (families, individuals, businesses, nonprofit organizations, or farms) from projects funded with CDBG involving single - or multi -family rehabilitation, acquisition, commercial rehabilitation, demolition, economic development, or capital improvement activities. Projects that the City deems beneficial but that may cause displacement may be recommended and approved for funding only if the City or its subrecipient demonstrates that such displacement is necessary and vital to the project and that they take efforts to reduce the number of persons displaced. Further, they must clearly demonstrate that the goals and anticipated accomplishments of a project outweigh the adverse effects of displacement imposed on persons who must relocate. Consistent with the goals and objectives of the CDBG program, the City will take all reasonable steps necessary to minimize displacement of persons, even temporarily. If displacement occurs, the City will provide relocation assistance to all persons directly, involuntarily, and permanently displaced according to HUD regulations. If the City temporarily displaces a low- or moderate -income household, that household becomes eligible for certain relocation payments. The assistance applies to those persons residing in the residence at the time the application is processed and is based on the following procedures: • If the structure and its occupants are determined eligible for temporary relocation assistance, the owner -occupants and tenants are eligible for the actual reasonable cost (based on fair market rent) of temporary lodging facilities until the structure is determined habitable by the City's inspector; The City must approve housing and the Lessor and Lessee must sign a rent agreement before move -in. Housing •, be comparable functionally to the displacement dwelling and decent, safe, and sanitary. This does not mean that the housing must be in comparable size. The term "functionally City of Downey Page 24 Draft Citizen Participation Plan I May 2020 equivalent" means that it performs the some function, has the same principal features present, and can contribute to a comparable style of living. Approved lodging accommodations include apartments and houses. The City does not reimburse "rental expenses" for living with a friend or family member; • Either the City will provide the owner -occupants and tenants a direct payment for moving expenses (to and from temporary housing) and storage costs, or the City will arrange moving and storage of furniture with a moving company. If the City makes a direct payment, complete documentation and receipts are necessary to process claims when storage costs exceed the amount assumed by the direct payment; • Damage deposits, utility hookups, telephone hookups and insurance costs are not eligible for reimbursement; and • The City may pay the cost of relocation assistance from Federal funds or funds available from other sources. 3=30MM =- The City will generally avoid awarding funds for activities resulting in displacement. However, should the City fund an activity, specific documentation is required to show the replacement of all occupied and vacant dwelling units demolished or converted to another use. The City will assure that relocation assistance is provided as described in 24 CIFIR 570.606(b) (2). Before obligating or expending funds that will directly result in such demolition or conversion, the City will make public and submit to the HUD field office the following information in writing: • A description of the proposed assisted activity; • The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low- and moderate -income units; • A time schedule for the commencement and completion of the demolition or conversion; • The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement units; • The source of funding and a time schedule for the provision of replacement dwelling units; or 10 The basis for concluding that each replacement dwelling unit will remain a low- and moderate -income unit for at least ten years from the date of initial occupancy. In the implementation of HUD programs, the City will take all reasonable steps necessary to minimize displacement of persons from their homes. The City will avoid City of Downey Page 25 Draft Citizen Participation Plan I May 2020 funding projects that cause displacement of persons or businesses and will avoid funding any project that involves the conversion of low- and moderate -income housing to non-residential purposes. The basic definition is found at 49 CFR 24.2(1). The term decent, safe, and sanitary dwelling means a dwelling that meets the following standards and any other housing and occupancy codes that are applicable. It will: • Be structurally sound, weather tight, and in good repair; • Contain a safe electrical wiring system adequate for lighting and other devices; • Contain a safe heating system capable of sustaining a healthful temperature for the displaced person; • Be adequate to accommodate the displaced person. There will be a separate, well lit, ventilated bathroom that provides privacy to the user and contains a toilet, sink, and a bathtub or shower, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. There should be a kitchen area that contains a fully usable sink, properly connected to hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator; • Contain unobstructed egress to safe, open space at ground level; • For a mobility -impaired person, be free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by such person. This requirement will be satisfied if the displaced person elects to relocate to a dwelling that they select, and the displaced person determines that they have reasonable ingress, egress, and the use of the dwelling; and • Comply with lead -based paint requirements of 24 CFR Part 35. I k, The City and its subrecipients must follow specific guidelines regarding the acquisition and use of real property funded in whole or in part with HUD funds. MEN m I= L=- The following standards apply to real property within the recipient's control and acquired or improved, in whole or in part, using HUD funds. These standards will apply from the date funds are first spent for the property until five years after the project is audited and closed. A recipient may not change the use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was City of Downey Page 26 Draft Citizen Participation Plan I May 2020 made unless the recipient gives affected citizens reasonable notice of, and opportunity to comment on, any such proposed change, and either: • The use of such property qualifies as meeting a national objective and is not a building for the general conduct of government; • The requirements in the paragraph below are met; • If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of property to a use that does not qualify under the above paragraph, it may retain or dispose of the property. The City must be reimbursed in the amount of the current fair market value of the property less any portion attributable to expenditures of non-federal funds for the acquisition of and improvements to the property; • If the change of use occurs within five years of the project being audited and closed, income from the disposition of the real property will be returned to the City's HUD programs; and • Following the reimbursement of the federal program pursuant to the above paragraph of this section, the property is no longer subject to any federal requirements. All real property acquisition activities described in this section and funded in whole or in part with CDBG funds and all real property that must be acquired for an activity assisted with Federal funds, regardless of the actual funding source for the acquisition, are subject to the URA (as amended). Real property acquisition is any acquisition by purchase, lease, donation, or otherwise, including the acquisition of such interests as rights -of -way and permanent easements. HUD Handbook 1378 and 49 CIFIR Part 24 currently contains such regulations. These regulations detail a standard procedure for acquiring property and methods of determining a purchase price and outline other documents that must be provided to the City before disbursement of funds. These regulations further require the applicant to provide relocation payments and assistance to any business or residential occupant of the property whom the acquisition will displace. The City, or its subrecipient may acquire real property for a project using CDBG funds where the proposed use of the acquired property will be an activity that the City can demonstrate as beneficial to low- and moderate -income persons. MOMM-KY011140M EJ] City of Downey Page Draft Citizen Participation Plan I May 2020 HUD requires that • real property acquisition projects • reviewed before the commitment of Federal funds to assess the impact of a project on the environment. The City will undertake this review process. The applicant should •- aware, • that this review process may delay the date by which CDBG funds may be available and, in case of serious adverse environmental impacts, may effectively stop a project. City of Downey Page Draft Citizen Participation Plan I May 2020