SupplAmendFY2019-20ActionPlanCCmtg1-23-23(klk)
C
ITY OF SIMI VALLEY
MEMORANDUM
J
anuary 23, 2023
TO
: City Council
F
ROM: Department of Environmental Services
S
UBJECT: A PUBLIC HEARING TO CONSIDER A SUBSTANTIAL AMENDMENT TO THE FY 20 19-20 ACTION PLAN TO MAKE MODIFICATIONS TO
RESTROOMS AT THE SENIOR CENTER (3900 AVENIDA SIMI) AND
MAKE A DETERMINATION THAT THE AMENDMENT IS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
STAFF RECOMMENDATION
I
t is recommended that the City Council:
1. A
pprove a Substantial Amendment to the FY 2019- 20 Action Plan to make modifications to restrooms at the Senior Center;
2. A
uthorize the submission of the Substantial Amendment to the FY 2019-20 Action Plan (Exhibit 1, page 6) to the United States Department of Hous ing and Urban Development (HUD); and
3. D
etermine that the Substantial Amendment is exempt from the California Environmental Quality Act (CEQA).
BACKGROUND AND OVERVIEW
In
April 2020 , t he City was notified that it had been awarded $365,622 in Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funding through the Community Development Block Grant program (CDBG-CV). These funds were provided to prevent, prepare, and respond to the spread of COVID-19 and facilitate assistance to eligible communities, households, and persons economically impacted by COVID -19. In order to expend the funds, the City had to modify its already adopted Regional Consolidated Plan to address the receipt of the funds and the proposed expenditure. On June 29, 2020, a Substantial Amendment to the FY 2019-20 Action Plan was authorized by the City Council and submitted to HUD.
S
ubsequently, staff implemented and managed two new programs for these funds:
Emergency Rental Assistance and Small Business Grants. With CDBG-CV funds, the City provided emergency rental payments on behalf of 44 income -qualified tenant households and awarded funds to 16 local small business owners, totaling $231,187 for both programs, leaving a total of $134,434 in unspent funds.
AGENDA ITEM NO.
5A
SupplAmendFY2019-20ActionPlanCCmtg1-23-23(klk)
In September 2020, the City received notification of another (referred to as the third wave) round of CDBG -CV funds made available to the City in the amount of $704,159. Similar to the first wave in June 2020, a Substantial Amendment to the Action Plan was required to implement the use of the additional funds . The City was not allocated second wave funds.
On April 19, 2021, a second Substantial Amendment to the FY 2019- 20 was processed. This Substantial Amendment allowed the City to access the additional funding and repurpose the remaining first wave funds from the initial grant. The balance of the first wave of funding, plus the additional allocation ( $134,434 + $704,159) totaled $838,593. Of the third wave of funding ($704,159), 20 percent ($140,831) was allotted to cover City administrative costs and 80 percent ($563,328) was earmarked for program assistance. The remaining combination of CDBG-CV funding available for programs resulted in a total of $697,762 ($134,434 + $563,328).
FINDINGS AND ALTERNATIVES
Pursuant to 24 CFR (Code of Federal Regulation Title 24: Housing and Urban Development) Section 91.15(b)(1), HUD requires the City of Simi Valley (City) to prepare an annual Action Plan that describes the intended use of f ederal and other funding resources on community needs outlined in the City’s adopted 2015- 2019 Regional Consolidated Plan (RCP).
Furthermore, in 24 CFR Part 91, HUD establishes that grantees must amend approved Action Plans in order to: make a change in its allocation priorities; conduct a new activity using funds carried out under the Action Plan; or change the purpose, scope, location, or beneficiary of an activity. In accordance with the City’s Citizen Participation Plan, a Substantial Amendment to an annual Action Plan is required when a “substantial change” is proposed, which includes: the reallocation of funds; relocation of a project; or a change in revenue or expenditure greater than 20 percent.
The City adopted its FY 2019-20 Action Plan on May 6, 2019, and approved a Substantial Amendment on June 29, 2020, with the CARES Act allocation through CDBG-CV funding of $365,622. A second Substantial Amendment was approved on April 19. 2021, allowing the City to receive additional CD BG-CV funds in the amount of $704,159, and to reallocate the unused funds from the first Substantial Amendment all for the use of emergency rental assistance. With the availability of funding from the County of Ventura and the State’s Housing is Key program, both providing emergency rental assistance (and both disallowing multiple funding to recipients), the City did not implement a new round of the emergency rental assistance program.
A third Substantial Amendment is necessary to administer $697,762 in CDBG-CV Funds allocated and remaining to the City. In accordance with 24 CFR 91.105(c) and subpart B of the F ederal regulations relative to citizen participation for Community Planning and Development Programs and 24 CFR 91.505 , as well as applicable waivers to those requirements through the CARES Act, the City is required to amend the FY 2019- 20 Action Plan for the repurposing of funds from emergency rental assistance to bathroom 2 SupplAmendFY2019-20ActionPlanCCmtg1-23-23(klk)
modifications, compliance and improvements to the Senior Center. The combination of CDBG-CV funding available for programs will total $697,762.
CDBG-CV funding must be utilized to prevent, prepare, and respond to the spread of COVID-19 and facilitate assistance to eligible communities, households, and persons economically impacted by COVID -19. This Substantial Amendment proposes to utiliz e CDBG-CV funding to make required modifications, compliance and improvements to two bathroom facilities at the Senior Center. CDBG Cares Act allows for publically accessible facilities, such as Senior Centers, that benefit low - to moderate- income persons, to expend such funding , addressing immediate community needs that mitigate the effects of future Coronavirus occurrences. Physical modifications to improve access to public areas for people with disabilities is an allowed use of CDBG funds. Improvements such as accessible bathrooms , automatic doors and touchless water fixtures reduce Coronavirus transmission. The reconfiguration of interior space to reinforce social distancing and accessibility improvements for persons with disabilities all help reduce contact. Two identified bathrooms within the Senior Center are in need of grant-qualifying improvements to mak e the facilities c ompliant, serve an eligible population and promote social distancing to reduce the spread of COVID-1 9.
Due to COVID-19, HUD has issued guidance that waives the 30-day public review period requirement, requiring only a 5-day public review period. Per HUD guidance, the City has provided notice of a 5-day public comment review period from January 19, 202 3 to January 23, 2023 on the City’s website as part of the City’s Citizen Participation Plan process. Additionally, this evening’s public hearing will provide opportunities for public comment in consideration of this Substantial Amendment.
California Environmental Quality Act Review
Staff has reviewed the applications for CDBG funding and has determined that the proposed use of the funds is exempt from the California Environmental Quality Act (CEQA). The Substantial Amendment (modifications to the restrooms at the Senior Center) project is exempt from CEQA pursuant to Section 15301, which states: “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” This exemption applies in that the restroom modifications at the Senior Center project as it consists of accessibility compliance improvements to existing public facilities.
The following alternatives are available to the City Council:
1. A
pprove a Substantial Amendment to the FY 2019- 20 Action Plan to make restroom modifications at the Senior Center ; a uthorize the submission of a Substantial Amendment to the FY 2019-20 Action Plan (Exhibit 1) to HUD; and make a determination that the Substantial Amendment is exempt from CEQA;
2. Do not approve the Substantial Amendment to the FY 2019-20 Action Plan;
3. P
rovide further direction to staff.
3 SupplAmendFY2019-20ActionPlanCCmtg1-23-23(klk)
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I mo
ve to:
1. A
pprove a Substantial Amendment to the FY 2019- 20 Action Plan to make restroom modifications at the Senior Center;
2. A
uthorize the submission of a Substantial Amendment to the FY 2019 -20 Action Plan (Exhibit 1) to the United States Department of Housing and Urban Development (HUD); and
3. D
etermine that the Substantial Amendment is exempt from the California Environmental Quality Act (CEQA).
SUMMARY
I
t is recommended that the City Council approve this Substantial Amendment in order to reallocate CDBG-CV funding under the CARES Act , by re-designating all unspent fund for accessibility improvements to the Senior Center restrooms, and make a determination that the Substantial Amendment is exempt from CEQA.
___
_________________________________
Stratis Perros
Environmental Services Director
P
repared by: Julia Ramirez, Senior Management Analyst
INDEX Page
P
ublic Hearing Procedure………………………………………………………………….5
Exhibit 1 – Draft Substantial Amendment to the FY 2019-20 Action Plan……………6 4 SupplAmendFY2019-20ActionPlanCCmtg1-23-23(klk)
PUBLIC HEARING PROCEDURE
HEARING DATE: January 23, 2023
1. MAYOR: This is the time and place set for a public hearing to consider a Substantial Amendment to the FY 2019-20 Action Plan prior to seeking final authorization for submission to the United States Department of Housing and Urban Development , and make a determination that the Amendment is exempt from the California Environmental Quality Act.
May we have an oral report on this matter by staff?
2. STAFF
: (Report)
3. ANY COUNCIL
MEMBER
: (Questions of staff and staff response)
4. MAYOR: Please read any public comments on this matter that have been received.
5. AUDIENCE: (Comments)
6. MAYOR: The hearing is closed. Are there any comments or questions from members of the City Council?
7. ANY COUNCIL
MEMBER: (Comments)
8. MAYOR: The Chair will now entertain a motion.
9. ANY COUNCIL
MEMBER:
City Council Actions (by motion of any Council Member):
Approve or modify a Substantial Amendment to the FY 2019- 20 Action Plan and authorize or not authorize its submission to the United States Department of Housing and Urban
Development and make a determination that the Amendment is exempt from the California Environmental Quality Act.
(Requires a second and a vote).
* Any action to refer the matter back to staff or to continue the matter requires a second and a vote.
10. ANY COUNCIL
MEMBER
: Second
11. MAYOR: (Call for vote)
12. MAYOR
: Proceed to the next item.
5 EXHIBIT 1
_______________________________________
DRAFT
SUBSTANTIAL AMENDMENT
TO THE
FY 2019-20 ACTION PLAN
January 23, 2023
Public Review Period January 19-23, 2023
City of Simi Valley
Department of Environmental Services
2929 Tapo Canyon Road
Simi Valley, CA 93063
6 SUBSTANTIAL AMENDMENT
TO THE FY 2019-20 ACTION PLAN
INTRODUCTION
The United States Department of Housing and Urban Development ( HUD) requires the City of Simi Valley (City) to prepare an a nnual Action Plan [24 CFR (Code of Federal Regulation Title 24: Housing and Urban Development) Section 91.15(b)(1)] that describes the intended use of federal and other funding resources on community needs outlined in the City’s adopted 2015-2019 Regional Consolidated Plan (RCP) [24 CFR 91 .220(c)].
The RCP is carried out through annual Action Plans, which provide a concise summary of activities and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified in the RCP. The City must submit the annual Action Plan to HUD no later than May 15 of each year during the five- year period. The City adopted the FY 2019-20 Action Plan on May 6, 2019.
In 24 CFR Part 91, HUD has established that grantees must amend approved Action Plans in order to: make a change in its allocation priorities; conduct a new activity using funds carried out under the Action Plan ; or change the purpose, scope, location, or beneficiary of an activity.
In accordance with 24 CFR 91.105(c) and subpart B of the federal regulations relative to citizen participation for Community Planning and Development Programs and applicable waivers to those requirements through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the City is required to amend the FY 2019- 20 Action Plan to repurpose unspent project funds. In this case, a total of $697,762, are proposed for reallocation.
PROPOSED CHANGES TO THE FY 2019-20 ACTION PLAN
This Substantial Amendment to the FY 2019 -20 Action Plan is necessary because the City is proposing to combine all remaining and available CDBG-CV funding awarded through the CARES Act into making required modifications, compliance and improvements to two bathroom facilities at the Senior Center. CDBG Cares Act allows for publically accessible facilities, such as Senior Centers, that benefit low -to-moderate- income persons, to expend such funding addressing immediate community needs that mitigate the effects of future Coronavirus occurrences. Physical modifications to improve access to public areas for people with disabilities is an allowed use of CDBG funds.
Improvements such as accessible bathroom s, automatic doors and touchless water fixtures reduce coronavirus transmission. The reconfiguration of interior space to reinforce social distancing and accessibility improvements for persons with disabilities all help reduce contact.
7 CITIZEN PARTICIPATION
Per the City’s Citizen Participation Plan, a Substantial Amendment to an Annual A ction Plan is required when a “substantial change” is proposed, which includes:
• R eallocation of funds;
• Relocation of a project; or
• C hange in revenue or expenditure greater than 20 percent.
Due to COVID -19, HUD issued guidance that waives the Citizen Participation Plan requirements for entitlement recipients, provided that 1) no fewer than five (5) days are provided for public comment , and 2) reasonable notice and the opportunity to comment is provided. In compliance with established regulations, t he City is providing notice of a five-day public comment period as part of the HUD public participation exemption process. Additionally, one public hearing will be held to provide op portunities for public comment in consideration of this Substantial Amendment.
ANALYSIS
This proposal qualifies as a Substantial Amendment because it meets the following criteria:
• Funding of a new activity not previously described in the Action Plan; • A significant change to proposed beneficiaries or persons served; and • Increases expenditure amount by greater than 20 percent.
Changes to the FY 2019-20 Action Plan are primarily a result of:
• Reprogramming unspent funds totaling $697,762 of CDBG funding made available by the CARES Act and referred to as CDBG -CV to make modifications to two bathroom facilities at the Senior Center.
SUMMARY
This Substantial Amendment proposes to modify the FY 2019-20 Action Plan. It is recommended that the City Council approve this Substantial Amendment as an avenue to reprogram unspent CDBG-CV funding that HUD has awarded the City through the CARES Act combined in the first and third waves of monies. Furthermore, it is requested that the City Council authorize the proposed bathroom modifications to the Senior Center that will assist low- and moderate-income, elderly and disabled persons in direct response to COVID-19.
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