CITY COUNCIL AGENDA Members June 15, 2020 Nikuyah Walker, Mayor Sena Magill, Vice Mayor Heather D. Hill Michael K. Payne J.Lloyd Snook, III 3:30 p.m. Closed session as provided by Sections 2.2­3711 and 2.2­3712 of the Virginia Code Virtual/electronic meeting (Boards and commissions; legal consultation) 6:30 p.m. Regular Meeting Virtual/electronic meeting. Register at www.charlottesville.gov/zoom CALL TO ORDER MOMENT OF SILENCE ROLL CALL AGENDA APPROVAL ANNOUNCEMENTS RECOGNITIONS/PROCLAMATIONS BOARD/COMMISSION APPOINTMENTS 1. Report: Boards & Commissions (oral report from City Council) CONSENT AGENDA* 2. Minutes: May 27 and May 29, 2020 closed meetings 3. Appropriation: Supplemental State Funding for the Children’s Services Act ­ $880,522.88 (2nd reading) 4. Appropriation: Department of Social Services Additional Funding for Adoption Assistance ­ $625,000 (2nd reading) 5. Appropriation: Appropriation of CARES Act funding designed to provide emergency assistance for Charlottesville Area Transit (CAT) and JAUNT. Total funding $7,143,582 – CAT $5,357,686 and JAUNT $1,785,896 (2nd reading) 6. Appropriation: Maintenance Vehicle Insurance Reimbursement – $40,706.32 (1st of 2 readings) 7. Appropriation: 2020 Energy and Water Management Program (EWMP) Fund ­ $1,429.47 (1st of 2 readings) 8. Appropriation: Grant Award from Virginia Department of Criminal Justice Services ­ $242,770 (1st of 2 readings) 9. Appropriation: Bureau of Justice Assistance (BJA) Coronavirus Emergency Supplemental Funding Program Fiscal Year 2020 ­ $80,781 (1st of 2 readings) 10. Ordinance: Taxicab Driver Ordinance Amendment (2nd reading) 11. Ordinance: Ordinance Amendment to modify deadlines, modify public meeting and public hearing practices and procedures to address continuity of operations associated with the COVID­19 pandemic (may be passed by 4/5 vote on 1st reading) CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) Page 1 of 81 COMMUNITY MATTERS Public comment for up to 16 speakers (limit 3 minutes per speaker). Pre­registration available for up to 8 spaces; pre­registered speakers announced by Noon the day of the meeting. In­ person sign­ups begin at 6:00 p.m. in Council Chamber. Additional public comment period at end of meeting. ACTION ITEMS 12. Appropriation: Appropriate Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding ­ $4,123,776 (1st of 2 readings) 13. Resolution*: Approval of the Third Amended Grant Agreement, Charlottesville Supplemental Rental Assistance Program (CSRAP) (1 reading) 14. Resolution*: Allocation of Charlottesville Affordable Housing Fund (CAHF) for programs in response to the COVID­19 pandemic ­ $1,155,000 (1 reading) GENERAL BUSINESS OTHER BUSINESS MATTERS BY THE PUBLIC *Action Needed NOTE: Individuals with disabilities who require assistance or special arrangements to participate in the public meeting may call the ADA Coordinator at (434) 970­3182 or submit a request via email to ada@charlottesville.gov. The City of Charlottesville requests that you provide a 48 hour notice so that proper arrangements may be made. Page 2 of 81 CHARLOTTESVILLE CITY COUNCIL May 27, 2020 Minutes Virtual/electronic meeting 1:00 PM CLOSED MEETING The Charlottesville City Council met electronically on Monday, May 27, 2020. The meeting was called to order at 1:06 p.m. via Zoom with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, Ms. Heather Hill, and Mr. Michael Payne. On motion by Ms. Hill, seconded by Ms. Magill, Council voted 4-0 (Ayes: Hill, Magill, Payne, Walker; Noes: none; Absent: Snook) to meet in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2-3712, specifically: - as authorized by Virginia Code Section 2.2-3711(A)(1) for discussion of the performance of the Charlottesville City Manager. Mr. Snook joined the meeting at 1:08 p.m. On motion by Ms. Hill, seconded by Mr. Payne, Council certified by the following vote: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion convening the closed session were heard, discussed or considered in the closed session. The meeting was adjourned at 4:09 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 3 of 81 CHARLOTTESVILLE CITY COUNCIL May 29, 2020 Minutes Virtual/electronic meeting 1:00 PM CLOSED MEETING The Charlottesville City Council met electronically on Monday, May 29, 2020. The meeting was called to order at 1:04 p.m. via Zoom with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, Ms. Heather Hill, and Mr. Michael Payne. On motion by Ms. Hill, seconded by Mr. Snook, Council voted 5-0 (Ayes: Hill, Magill, Payne, Snook, and Walker; Noes: none) to meet in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2-3712, specifically: - as authorized by Virginia Code Section 2.2-3711(A)(1) for discussion of the performance of the Charlottesville City Manager. On motion by Ms. Hill, seconded by Mr. Payne, Council certified by the following vote: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion convening the closed session were heard, discussed or considered in the closed session. The meeting was adjourned at 4:55 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 4 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 1, 2020 Action Required: Approve appropriation Presenter: Kaki Dimock, Director, Department of Human Services Staff Contacts: Ryan Davidson, Senior Budget and Management Analyst Laura Morris, Chief of Administration, Department of Social Services Title: Supplemental State Funding for the Children’s Services Act - $880,522.88 Background: The Children’s Services Act (C.S.A.), established in 1992 by the General Assembly, is a state- mandated interagency program serving children in foster care or at risk of going into foster care, children with certain special education needs, children involved in the Juvenile Court system, and children with serious emotional or behavioral problems. Foster care and special education services are legally mandated by the Act. C.S.A. is funded by State and local funds. Medicaid also funds some of the services. The school system pays a proportional share of the local match for services in the special education category. Discussion: Supplemental funds are needed to pay for mandated services for children and families through June 30, 2020. Alignment with City Council’s Vision and Strategic Plan: Approval of this agenda item aligns with the City’s mission to provide services that promote equity and an excellent quality of life in our community. It is consistent with Strategic Plan Goal 2: A Healthy and Safe City, Objective 2.2, Meet the safety needs of victims and reduce the risk of re-occurrence/re-victimization. Community Engagement: Community Partners, including the Charlottesville Department of Social Services and Charlottesville City Schools, work directly with children and families in foster care or at risk or going into foster care, children with certain special education needs, and children involved with the Juvenile Court System. Page 5 of 81 Budgetary Impact: The supplemental funding for this program is entirely State dollars. No additional City funds are required or being requested for this program in F.Y. 2020. Recommendation: Staff recommends approval and appropriation of these funds. Alternatives: This is a legally mandated program. State law requires both the State and the Locality to appropriate funds necessary to provide the specified services. Attachments: Appropriation Page 6 of 81 APPROPRATION Supplemental CSA Funding $880,522.88 WHEREAS, the Virginia Office of Children’s Services has approved supplemental funds for the purpose of serving children and families through June 30, 2020. NOW, THEREFORE BE IT RESOLVED by the council of the City of Charlottesville, Virginia, that the sum of $880,522.88 is hereby appropriated in the following manner: Revenue-$880,522.88 Fund 215 Cost Center: 3353001000 G/L Account: 430080 Expenditures-$880,522.88 Fund 215 Cost Center: 3353001000 G/L Account: 540060 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $880,522.88 from the Virginia Office of Children’s Services Page 7 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 1, 2020 Action Required: Approve appropriation Presenter: Diane Kuknyo, Director of Social Services Staff Contacts: Jenny Jones, Chief of Family Services Laura Morris, Chief of Administration Title: Additional State Funding for Adoption Assistance - $625,000 Background: The Charlottesville Department of Social Services (CDSS) has received $625,000 in additional funding from the Virginia Department of Social Services to provide assistance to adoptive families. Discussion: The purpose of adoption assistance is to facilitate adoptive placements and ensure permanency for children. Maintenance payments provide support and services for the child and to strengthen the adoptive family. The department has seen a steady increase in adoptive placements. In Fiscal year 2018, the department served 123 adoptive children and finalized 15 adoptions. In FY2019, the department served 149 children and finalized 37 adoptions. 160 adoptive children have received assistance in FY20 through May 12th. Alignment with City Council’s Vision and Strategic Plan: Approval of this agenda item aligns with the City’s mission to provide services that promote equity and an excellent quality of life in our community. It is consistent with Strategic Plan Goal 2: A Healthy and Safe City, Objective 2.2, Meet the safety needs of victims and reduce the risk of re-occurrence/re-victimization. Community Engagement: Adoption staff work directly with families and providers to provide needed services and serve as resources to other department staff and community partners. Page 8 of 81 Budgetary Impact: The additional funding for this program is entirely State dollars. No additional City funds are required or being requested for this program in FY 2020. Recommendation: Staff recommends approval and appropriation of these funds. Alternatives: If the appropriation is not approved, CDSS will require general funds to cover the May and June maintenance payments to adoptive families. These payments are negotiated as part of the adoption agreement and are legally binding. Attachments: Appropriation Page 9 of 81 APPROPRATION Additional Funding for Adoption Assistance $625,000 WHEREAS, the Charlottesville Department of Social Services has received $625,000 from the Virginia Department of Social Services to provide assistance to adoptive families. NOW, THEREFORE BE IT RESOLVED by the council of the City of Charlottesville, Virginia, that the sum of $50,000 is hereby appropriated in the following manner: Revenue-$625,000 Fund 212 Cost Center: 9900000000 G/L Account: 430080 $625,000 Expenditures-$625,000 Fund 212 Cost Center: 3311007000 G/L Account: 540060 $625,000 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $625,000 from the Virginia Department of Social Services. Page 10 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 1, 2020 Action Required: Approve Supplemental Appropriation for Transit Division Staff Contact: Garland Williams, Transit Director John C. Blair, II, City Attorney Presenter: Garland Williams, Transit Director Title: Appropriation of FY 2020 Transit Grants - $7,143,582.00 Background and Discussion: The Coronavirus Aid Relief and Economic Security (hereinafter “CARES”) Act provided the Federal Transit Administration (hereinafter “FTA”) with $25 billion to distribute to public transit agencies. Charlottesville Area Transit (hereinafter “CAT”) will receive $7,143,582.00 in CARES Act funds from the FTA. A March 25, 2020 Section 5307 Split Letter will require CAT to provide $1,785,896.00 of these funds to Jaunt, Inc. to defer costs apportioned for ADA Complimentary Paratransit services provided to individuals with disabilities residing within the Charlottesville- Albemarle urbanized transit service area. The funds do not require a local match. The funds may be used to support capital, operating, and other expenses to prevent, prepare for, and respond to COVID-19. Alignment with City Council’s Vision and Priority Areas: Approval of this agenda item aligns directly with Council’s vision for Charlottesville as a Connected Community, where the City is part of a comprehensive, transportation system that enables citizens of all ages and incomes to easily navigate our community. It also aligns with Strategic Plan Goal 3: A Beautiful and Sustainable Natural and Built Environment, Objective 3.3 Provide a variety of transportation and mobility options. Budget Impact: There is no impact to the General Fund as the FTA CARES Act grant requires no local match. Recommendation: Staff recommends approval and appropriation of funds. Page 11 of 81 Alternatives: City Council may choose not to appropriate match funds. Without an appropriation, CAT will not receive grants funds to support its operations or planned capital projects. Attachments: Appropriation Page 12 of 81 APPROPRIATION Transit Division Project Funds $7,143,582.00 WHEREAS, the Federal Transit Administration a Coronavirus Aid Relief and Economic Security (CARES) Act allocation of $7,143,582.00 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby appropriated in the following manner, contingent upon receipt of the grant funds: Revenue (Operating) $5,357,686 Fund: 245 Cost Center: 2200037000 Expenditures (Operating) $5,357,686 Fund: 245 Cost Center: 2200037000 Revenue (JAUNT) $1,785,896 Fund: 245 Cost Center: 2821002000 Expenditures (JAUNT) $1,785,996 Fund: 245 Cost Center: 2821002000 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $7,143,582.00 from the Federal Transit Administration. Page 13 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 15, 2020 Action Required: Appropriation Presenter: Mike Rogers, Deputy Chief – Business Services, Charlottesville Fire Dept. Staff Contacts: Mike Rogers, Deputy Chief – Business Services, Charlottesville Fire Dept. Title: Maintenance Vehicle Insurance Reimbursement – $40,706.32 Background: City asset, vehicle # 3338 – a 2017 Ford Utility Pickup (Maintenance 1), was involved in an auto incident 12/20/2019 in which the vehicle was struck in an intersection. Vehicle # 3338 was inspected by industry professionals and was deemed a total loss pursuant to Code of Virginia § 46.2-1600 as the vehicle was not economically repairable given the extensive damage from this loss. Discussion: A settlement was reached with Erie Insurance for the total loss disposition of this vehicle. Risk Management has secured payment in the amount of $40,706.32. The insurance monies will be utilized to replace this vehicle. Alignment with Council Vision Areas and Strategic Plan: The reimbursement of the insurance monies for the vehicle loss associated with vehicle #3338 support the City’s mission - “We provide services that promote equity and an excellent quality of life in our community”. The anticipated use of the reimbursed monies also aligns with Goal 5 - A Well-managed and Responsive Organization. Community Engagement: N/A Budgetary Impact: There is no impact to the General Fund, as these are reimbursed funds from an insurance carrier for a loss. Recommendation: Staff recommends approval and appropriation of insurance monies. Alternatives: If the insurance reimbursement is not appropriated, the Fire Department will not be able to utilize this funding to replace this vehicle. Attachments: Appropriation Page 14 of 81 APPROPRIATION Maintenance Vehicle Insurance Reimbursement $40,706.32 WHEREAS, Erie Insurance Company is reimbursing the City of Charlottesville for a vehicle loss associated with an accident involving vehicle #3338; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that a total of $40,706.32 be appropriated in the following manner: Revenues - $40,706.32 $40,706.32 Fund: 106 Cost Center: 3201001001 G/L Account: 451110 Expenditures - $40,706.32 $40,706.32 Fund: 106 Cost Center: 3201001001 G/L Account: 541040 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of funds from Erie Insurance. Page 15 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 15, 2020 Action Required: Appropriation of Funds Presenter: Kirk Vizzier, Energy Management Coordinator Staff Contacts: Kirk Vizzier, Energy Management Coordinator Kristel Riddervold, Environmental and Facilities Development Manager Title: 2020 Energy and Water Management Program (E.W.M.P.) Fund - $1,429.47 Background: The City’s Energy and Water Management Program has identified opportunities to generate revenue that can be invested in projects that support the enhancement of energy and water management in the City. Examples include but are not limited to payments from participation in an energy efficiency program offered by the utility grid (P.J.M.) and from events that raise awareness and support conservation and efficiency throughout the community. Discussion: Since January 2020, the City has received $1,429.47 from participation in a P.J.M. energy efficiency program (CPower), which provides a quarterly payout for each qualifying energy efficiency project. We can expect to receive this amount at a minimum over the next year (payments continue up to 4 years after completion of project) and additional income will be added to this payment as more completed projects are submitted. Allocating these funds to a dedicated energy and water management account will provide opportunities to support internal program initiatives. Should any money be carried over, it will remain in this dedicated account for future efforts. Alignment with Council Vision Areas and Strategic Plan: This aligns with Goal 3.4 “Be responsible stewards of natural resources” in the City’s Strategic Plan. Community Engagement: No community engagement occurred with these payments. Budgetary Impact: There is no fiscal impact. Initiatives such as participation in the P.J.M. energy efficiency program generate revenue. Recommendation: Staff recommends the appropriation of these funds to the dedicated account. Alternatives: N/A Attachments: Appropriation Page 16 of 81 APPROPRIATION Energy and Water Management Program Fund $1,429.47 WHEREAS, the City of Charlottesville, through the Department of Public Works, has received payments from the PJM energy efficiency program and may conduct other activities that result in payments. WHEREAS, the City of Charlottesville adopted an internal Energy and Water Management Policy in June 2019 that established a foundation for the Energy and Water Management Programs to realize commitments regarding reductions in emissions and resource waste; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville funding is hereby appropriated in the following manner: Revenue $1,429.47 Fund: 105 Internal Order: 2000157 G/L Account: 451020 Expense: $1,429.47 Fund: 105 Internal Order: 2000157 G/L Account: 599999 BE IT FURTHER RESOLVED, that any remaining funds will carry over into the following fiscal year and future income received in this account for the purposes of supporting energy efficiency and water efficiency measures will be automatically appropriated unless otherwise altered by Council. Page 17 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 15, 2020 Action Required: Appropriation Presenter: Kaki Dimock, Director, Department of Human Services Staff Contacts: Kaki Dimock, Director, Department of Human Services Title: Appropriation of $242, 770 Grant Award from Virginia Department of Criminal Justice Services Background: The Virginia Department of Criminal Justice Services has awarded the Department of Human Services $242,770 from its Victims of Crime Act program to provide trauma-focused, evidence- informed case management and clinical services. Discussion: This is the second year of a two-year grant from the Virginia Department of Criminal Justice Services. Funds support two full-time behavior interventionists that provide services to students in 5th and 6th grade at Walker Upper Elementary School and Buford Middle School. This partnership with Charlottesville City Schools targets students that have been the victims of crime in or out of school. 30 students will receive trauma-focused, evidence-informed case management and clinical services per year including:  Girl’s Circle – evidence-based structured group intervention  Council for Boys and Young Men group curricula – evidence-informed group intervention  Teens Give – social skills development, service learning program  Family Check-up – evidence-based family and parenting support program. All services are focused on improving social skills development, sense of self-efficacy, and engagement in school. Alignment with City Council’s Vision and Strategic Plan: This project is strongly aligned with City Council’s Strategic Plan Goal #2: Healthy and Safe City; specifically Goal #2.2: meet the needs of victims and reduce risk of recurrence. Page 18 of 81 Community Engagement: Community partners, including Charlottesville City Schools, were critical in the development of the original grant proposal to the Virginia Department of Criminal Justice Services. Families and youth involved in the first year of programming have helped influence its development. Budgetary Impact: This appropriation will not impact the city’s general fund. $194,621 will be appropriated from the state and $48,149 of Department of Human Services’ funds will be used as the required match. Recommendation: Staff recommend appropriating the funds as written. Alternatives: If grant funds are not appropriated, trauma-focused, evidence-informed services for victims of crime will not be provided. Attachments: Appropriation Page 19 of 81 APPROPRIATION Charlottesville Student Victim Outreach Program Department of Criminal Justice Services Victim of Crimes Act Grant $242,770 WHEREAS, the Human Services Department of the City of Charlottesville has been awarded $242,770 from the Department of Criminal Justice Services Victim of Crimes Act, and WHEREAS, the grant award covers the period from July 1, 2020 through June 30, 2021. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $242,770 is hereby appropriated in the following manner: Revenue – $242,770 $194,621 Fund: 209 Cost Center: 3413018000 G/L Account: 430120 $48,149 Fund: 209 Cost Center: 3413018000 G/L Account: 498010 Expenditures - $242,770 $175,654 Fund: 209 Cost Center: 3413018000 G/L Account: 519999 $67,116 Fund: 209 Cost Center: 3413018000 G/L Account: 599999 Transfer - $48,149 $48,149 Fund: 213 Cost Center: 341300300 G/L Account: 561209 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $194,621 from the Virginia Department of Criminal Justice Services. Page 20 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 15, 2020 Action Required: Appropriation of Funding Presenter: Megan Arevalo, Budget Analyst, Charlottesville Police Department Staff Contacts: RaShall Brackney, Chief, Charlottesville Police Department Megan Arevalo, Budget Analyst, Charlottesville Police Department Title: Bureau of Justice Assistance (BJA) Coronavirus Emergency Supplemental Funding Program Fiscal Year 2020 - $80,781 Background: As a component of the COVID-19 stimulus legislation recently approved by the federal government, the Commonwealth of Virginia received approximately $16 million in assistance. Of that amount, the Department of Criminal Justice Services (DCJS) received approximately $10.9 million to assist localities and state agencies in their mitigation and response efforts to the COVID-19 pandemic. The remainder has been set aside for specific localities to apply for, as determined by the U.S. Bureau of Justice Assistance (BJA). The BJA allocation for the City of Charlottesville was determined to be $80,781. The purpose of the BJA Coronavirus Emergency Supplemental Funding (CESF) program is to provide funding to assist eligible states, local units of government, and tribes in preventing, preparing for, and responding to the coronavirus, as authorized by Division B of H.R. 748, Pub. L. No. 116136 (Emergency Appropriations for Coronavirus Health Response and Agency Operations). Discussion: The City of Charlottesville, through the Police Department, applied for the FY 2020 BJA CESF funding from the U.S. Department of Justice, Office of Justice Program. Notification of award approval was received on June 6, 2020. The BJA FY 2020 Coronavirus Emergency Supplemental Funding award amount is $80,781 and requires no local match. The Charlottesville Police Department is requesting to use this funding for the purchase of personal protective equipment (PPE), cleaning supplies and a logistics trailer. Page 21 of 81 Alignment with City Council’s Vision and Strategic Plan: The CESF award supports Goal 2 of the Strategic Plan, to be a safe, equitable, thriving, and beautiful community. With this funding, CPD will be able to enhance its ability to provide personnel with needed personal protective gear and equipment to ensure the safety of our officers and community during public health emergencies. The funding also aligns with Goal 2.1, to reduce adverse impact from sudden injury and illness and the effects of chronic disease, as well as the elements within Goal 5, which include being a well-managed and responsive organization. Community Engagement: N/A Budgetary Impact: There is no direct impact on the General Fund. The grant funds do not require a City match and will be expensed and reimbursed through a separate internal order in a Grants Fund. Recommendation: Staff recommends approval and appropriation of funds. Alternatives: Should the City decline to approve the appropriation request, the department would be ineligible to participate in the grant program. Attachments: Appropriation Page 22 of 81 APPROPRIATION BJA FY20 Coronavirus Emergency Supplemental Funding Program Grant # 2020-VS-BX-1485 $80,781 WHEREAS, the City of Charlottesville, through the Police Department, has received the U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance FY 2020 Coronavirus Emergency Supplemental Funding grant in the amount of $80,781 to be used to prevent, prepare for and respond to the Coronavirus. WHEREAS, the grant award covers the period from period January 1, 2020 through January 31, 2022. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $80,781, received from the U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance, is hereby appropriated in the following manner: Revenue $ 80,781 Fund: 211 I/O: 1900351 G/L: 431110 Federal Grants Expenditure $ 9,250 Fund: 211 I/O: 1900351 G/L: 520050 Cleaning Supplies $ 27,171 Fund: 211 I/O: 1900351 G/L: 520070 Safety Supplies $ 3,900 Fund: 211 I/O: 1900351 G/L: 520900 Mach/Equip/Furn (NC) $ 40,460 Fund: 211 I/O: 1900351 G/L: 541040 Acq Com Itm-Veh (MA) BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $80,781 from the U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance. Page 23 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 1, 2020 Action Required: Ordinance Enactment Presenter: John C. Blair, II, City Attorney Staff Contacts: Dr. RaShall M. Brackney, Chief of Police John C. Blair, II, City Attorney Title: Taxicab Driver Ordinance Amendment (1st of 2 readings) Background: On March 12, 2020, Charlottesville City Manager, Dr. Tarron J. Richardson, issued a Declaration of Emergency due to the potential spread of COVID-19. During the course of the Declaration of Emergency, the Charlottesville Police Department received inquiries regarding Charlottesville City Code Section 32-3 and its deadlines. Discussion: As currently drafted, Charlottesville City Code Section 32-3 can be interpreted to prohibit anyone from receiving a taxicab driver registration card for the current calendar year unless they are registered by December 31 of the preceding calendar year or from renewing a taxicab driver registration card if they do not renew their taxicab driver registration card by March 1 of the current calendar year. The proposed ordinance amendment clarifies that an individual may apply for and receive a taxicab driver registration card during the current calendar year. However, all taxicab registration cards expire December 31 of the current calendar year. Additionally, the fee for a taxicab driver registration was established by ordinance on May 19, 1997. The proposed ordinance establishes a $20.00 initial registration and renewal fee for taxicab driver registrations. These fees are consistent with the City of Richmond and better reflect the costs for administering the taxicab driver registration program. Alternatives: The Council could decline to adopt the Ordinance. Attachments: Proposed Ordinance Page 24 of 81 AN ORDINANCE AMENDING SECTION 32-3 OF CHAPTER 32 (VEHICLES FOR HIRE) BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that: Section 32-3 of Chapter 32 of the Code of the City of Charlottesville (1990) is amended as follows: Sec. 32-3. – Registration of Drivers. (a) No person shall drive a motor vehicle for hire, including any taxicab, in the city until they he has have been registered by the chief of police, as follows: (1) On or before January 1st of each calendar year, or no later than March 1 of the calendar year if the driver was registered with the police during the preceding calendar year, a Any person who drives, or intends to drive a passenger motor vehicle for hire, including a taxicab, within the city shall apply to the chief of police for a registration. The registration shall be effective for the calendar year in which it is granted and shall expire on December 31 of the calendar year in which it is submitted. Registrations may be renewed on an annual basis by submitting an application to the chief of police. (2) Each applicant shall demonstrate to the satisfaction of the chief of police his or her moral and their business integrity, ability to safely and legally drive a passenger motor vehicle for hire, including a taxicab, and his their knowledge of city traffic laws and ordinances and of the provisions of this chapter. The chief of police shall conduct an investigation with respect to each applicant's application and qualifications. a. Each applicant shall state on their his application whether he the applicant is self-employed or employed by a taxicab or other type of operator. A self-employed applicant shall present a copy of a current business license authorizing him them to do business in the city. An applicant employed by an operator shall present a signed statement by the taxicab or other type of operator’s owner attesting to such employment. b. If the chief of police is satisfied that an applicant meets the requirements of this section and of any regulations promulgated pursuant to section 32-5 of this chapter, and that the applicant is eighteen years of age or older, then registration shall be granted. (b) A registration card shall be issued for each driver registered, and shall exhibit the name and a valid mailing address for the driver. (c) For drivers' registrations, a fee of ten twenty dollars ($210.00) for the first registration granted to each driver, and twenty dollars ($205.00) for each driver's annual registration after the first, shall be paid by the driver to the city. Page 25 of 81 (d) No person shall permit any passenger motor vehicle for hire, including any taxicab, owned or controlled by them him to be driven in the performance of any transportation service in the city by a person who has not been registered by the chief of police as required by this chapter. (e) A driver's registration shall be subject to suspension and/or revocation, as follows: (1) If the chief of police receives information suggesting that a taxicab driver registered under this chapter may pose a threat to the health, safety, welfare or comfort of passengers or the general public, he the chief of police shall give such driver not less than ten (10) days' notice, by certified mail, to appear at a hearing to show cause why the driver's registration should not be denied, suspended or revoked. The required notice shall specify the nature of the information received by the police chief, a notice that the failure to respond may result in the denial, suspension or revocation of the driver's registration, and shall inform the driver that they he may present information at a hearing, by witnesses or otherwise. The required notice shall also specify a hearing date, not to be sooner than ten (10) days following the date of the notice. (2) If, after providing the driver with notice and an opportunity to be heard, the police chief determines that the driver poses a threat to the health, safety, welfare or comfort of passengers or the general public, the police chief may revoke or suspend the registration in question, as may be appropriate under the circumstances. (3) The chief of police may revoke any driver's registration for any cause which would have been grounds for refusal of such registration, whether such cause arose before or after the granting of such registration. (4) A taxicab driver whose registration is revoked or suspended or an applicant who is denied registration by the chief of police shall have the right to appeal to the city manager, by following the procedure set forth in section 32-2(d)(2) of this article. (5) The suspension or revocation of any registration shall be in addition to any other penalty imposed for any violation of this chapter. Page 26 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 15, 2020 Action Required: Ordinance Enactment (One Reading) Presenters: Alex Ikefuna, Director of Neighborhood Development Services John C. Blair, II, City Attorney Staff Contacts: Alex Ikefuna, Director of Neighborhood Development Services John C. Blair, II, City Attorney Title: Administrative Review of Development Applications Background: On March 12, 2020, the City Council authorized City Manager, Dr. Tarron J. Richardson, to issue a Declaration of Emergency due to the potential spread of COVID-19 within the City of Charlottesville. On March 25, 2020, the City Council adopted an ordinance concerning the continuity of the City’s governmental operations. As a result of the potential spread of COVID-19 and the Council’s March 25, 2020 ordinance, the Department of Neighborhood Development Services (hereinafter “NDS”) ceased accepting new applications for development review. Discussion: As the City has adapted to COVID-19, it is implementing new practices and procedures to insure the safety of its workforce. Alex Ikefuna, the Director of NDS, believes that the department can safely review new development applications that only require administrative approval without public engagement. An example of such an administrative approval is a boundary line adjustment. NDS is requesting that Council permit it to review and approve new development applications that are only subject to administrative approval. New development applications that require community engagement such as rezonings or major subdivisions would still not be accepted by NDS at this time. The proposed ordinance amendment clarifies that while NDS will be accepting these new development applications, the deadline waiver in the March 25, 2020 ordinance remains in effect. Alternatives: The Council could decline to adopt the Ordinance. Page 27 of 81 Attachments: Proposed Ordinance Page 28 of 81 AMENDMENT TO ORDINANCE TO MODIFY DEADLINES, MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH THE PANDEMIC DISASTER WHEREAS, on March 12, 2020, Charlottesville City Manager, Dr. Tarron J. Richardson, issued a Declaration of Emergency due to the potential spread of COVID-19 within the City of Charlottesville; and WHEREAS, on March 25, 2020, the Charlottesville City Council adopted an ordinance pursuant to Virginia Code Section 15.2-1413 to assure continuity in government; and WHEREAS, the Council’s March 25, 2020 ordinance waived deadlines established by state law and local ordinances related to development review; and WHEREAS, due to the deadline waivers and the potential spread of COVID-19, the Department of Neighborhood Development Services is not currently accepting applications for development review; and WHEREAS, the Director of the Department of Neighborhood Development Services, has determined that appropriate measures are in place to prevent the potential spread of COVID- 19 for the Department to consider administrative review of certain development applications that were administratively reviewed prior to March 12, 2020. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Department of Neighborhood Development Services will commence administrative review of development applications pursuant to the following conditions: The review of development applications must not require any action by the City Council, the Charlottesville Planning Commission, the Charlottesville Board of Architectural Review, or the Charlottesville Board of Zoning Appeals; The development application does not require a community meeting or any other form of community engagement; and The development application can be administratively approved by the Department of Neighborhood Development Services. BE IT FURTHER ORDAINED that the deadlines for the foregoing administrative review of development applications shall be waived in accordance with the Council’s March 25, 2020 ordinance. Pursuant to Charlottesville City Code Section 2-96, this ordinance is enacted on the date of its introduction by a four-fifths vote of the Charlottesville City Council. Page 29 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 15, 2020 Action: Approval of Appropriation Presenter: Dr. Tarron Richardson, City Manager Staff Contacts: Paul Oberdorfer, Deputy City Manager Letitia Shelton, Deputy City Manager Chris Cullinan, Director of Finance Title: Appropriate Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding - $4,123,776 Background: On March 12, 2020, the Council confirmed the City Manager’s declaration of a state of emergency effective that day and subsequent declarations of states of emergency were declared by the President and the Governor of Virginia. Since that time, Congress passed the CARES Act, which established a $150 billion Coronavirus Relief Fund (CRF) to assist state, local, territorial, and tribal governments with direct costs associated with this event. Virginia’s allocation of these funds is $3.1 billion. On May 12, 2020, the Virginia Secretary of Finance notified the City that its allocation of Coronavirus Relief Funds made available through the CARES Act is $4,123,776. This allocation was determined on a population-based distribution. In order to receive these funds, the City had to certify to the state acknowledging the requirements for their use. Eligible expenses include those related to the City’s direct response to the pandemic, which includes public health needs. Additionally, “second order” effects of the pandemic are eligible, including business disruption funding and other economic support to those impacted economically. It is important to note that federal guidance specifically prohibits the use of CARES/CRF funding to offset any losses of revenue incurred by public entities. Discussion: General guidelines for potential uses of these funds include expenditures that: • Are necessary expenditures incurred due to the public health emergency with respect to the Page 30 of 81 Coronavirus Disease 2019 (COVID-19); • were not accounted for in the budget most recently approved as of March 27, 2020 for the locality; and • were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. A broad range of uses are permitted, however, funds must not be used to fill revenue shortfalls. Additionally, funds must only be used for qualifying purposes which were not accounted for in the FY 2020 Adopted Budget. The City must return any unexpended funds remaining after December 30, 2020. While proposed expenditures are not required to be authorized prior to use, appropriate documentation which demonstrates that expenditures made comply with federal law is required. Under the provisions of the CARES Act, the Inspector General of the Department of the Treasury is responsible for determining appropriate use of CRF funds. If a state or locality were to expend funds in a manner inconsistent with the intent of the Act, that expenditure shall become a debt owed to the federal government. The table below lists staff’s recommended uses of the CARES funds which align with the certification requirements and Treasury guidance and the City’s Covid 19 management and strategy. The amounts shown below are primarily for use during the Reopening and Recovery Phase over the next several months based on the information currently available. However, given the fluid and on-going nature of the situation, a Contingency Reserve Fund is included below. Also, the City’s response may require the reallocation some of the items presented below as conditions change. Page 31 of 81 % of Category Description Amount TOTAL Small business grants (administered through Business Support the Economic Development Authority), $825,000 20.0% commercial corridor support. 6 months of basic support services (housing, Community Support feeding, emergency financial needs) for most $654,000 15.9% vulnerable commuity members. City facility modifications including HVAC (air filters, UV lights), enhanced cleaning, Operational Modifications $1,164,000 28.2% hands free devices for common touch points, social distancing measures. Administrative leave for mental/physical Employee Support $420,000 10.2% recuperation, additional PPE purchases. Purchase and upgrades of hardware and Technology software for virtual public/staff meetings, $636,300 15.4% teleworking, cyber security. SUBTOTAL $3,699,300 89.7% Contingency Reserve Fund $424,476 10.3% TOTAL $4,123,776 100.0% Alignment with Council Vision Areas and Strategic Plan: This action aligns with the Council’s Vision as a Great Place to Live for All of Our Citizens. It also aligns with the City Council’s Strategic Plan Goals. Budgetary Impact: There is no direct budget impact. Funds in the amount of $4,123,776 have been allocated to the City by the Commonwealth for one-time uses directly associated with the City’s response to the COVID- 19 pandemic through provisions of the CARES Act. All funds are subject to conditions established by the U.S. Treasury and the Commonwealth and must be expended for eligible expenditures incurred between March 1, 2020 and December 30, 2020. Any unused funds must be returned. Recommendation: Staff recommends approval of the Appropriation so that the one-time CARES Act funds can be expeditiously employed to assist recovery from the pandemic. Page 32 of 81 Attachments: 1. CARES Appropriation 2. Virginia Secretary of Finance, Memorandum to Localities – May 12, 2020 3. U.S. Department of the Treasury, Coronavirus Relief Fund – Guidance for State, Territorial, Local and Tribal Governments – April 22, 2020. Page 33 of 81 APPROPRIATION Coronavirus Aid, Relief, and Economic Act (CARES) Funds $4,123,776.00 WHEREAS, Commonwealth of Virginia has allocated federal funds from the Coronavirus Aid Relief and Economic Security (CARES) Act to the City in the amount of $4,123,776 to address the COVID-19 pandemic; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby appropriated in the following manner which conform with the conditions and guidance established by the Commonwealth, U.S. Treasury, and the City: Revenue $4,123,776 Fund: 208 Cost Center: 9900000000 G/L Account: 430127 $4,123,776 Expenditures Business Support $825,000 Fund: 208 Order: 1900353 G/L Account: 599999 Community Support $654,000 Fund: 208 Order: 1900354 G/L Account: 599999 Operational Modifications $1,164,000 Fund: 208 Order: 1900355 G/L Account: 599999 Employee Support $420,000 Fund: 208 Order: 1900356 G/L Account: 599999 Technology $636,000 Fund: 208 Order: 1900357 G/L Account: 599999 Contingency Reserve Fund $424,476 Fund: 208 Order: 1900358 G/L Account: 599999 BE IT FURTHER RESOLVED, the amounts above appropriated appropriation shall not be deemed to expire at the end of the fiscal year, but are hereby appropriated in the ensuing fiscal year unless altered by further action of this Council. BE IT FURTHER RESOLVED, the amounts hereinabove appropriated for the categories of Business Support, Community Support, Operational Modifications, Employee Support, Technology, Contingency Reserve Fund, may on authorization from the City Manager, or his designee, be transferred between categories as needed to meet unforeseen circumstances. Page 34 of 81 COMMONWEALTH of VIRGINIA Aubrey L. Layne, Jr., MBA, CPA P.O. Box 1475 Richmond, Virginia 23218 Secretary of Finance May 12, 2020 To: County and City Elected Officials Delivered Via: Chief Executive Officer, Manager, or Administrator From: Aubrey L. Layne, Jr. Secretary of Finance Subject: Local Allocations for Federal CARES Coronavirus Relief Funds Background As most of you are aware, Congress passed and the President recently signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. This Act provides funding for a number of different programs to address the COVID-19 pandemic. A primary component of the CARES Act is $150 billion in assistance to state, local, territorial, and tribal governments for the direct impact of the COVID-19 pandemic through the establishment of the Coronavirus Relief Fund (CRF). Allocations were sent to states based on population. Each state received 55 percent of its share based on total state population and the remaining 45 percent was based on the local populations of each state’s cities and counties. Localities with populations greater than 500,000 could apply to receive funds directly. All other CRF funds were distributed to the states to determine the allocations to localities. Virginia has received approximately $3.1 billion as its share of the CRF total. This amount does not include approximately $200 million that went directly to Fairfax County since it qualified to receive its funding directly. These funds may be used for qualifying expenses of state and local governments. The CARES Act provides that payments from the CRF only may be used to cover costs that: 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. Page 35 of 81 County and City Elected Officials and Administrators Cabinet Secretaries May 12, 2020 Page 2 At this point, federal guidance indicates that the CRF funds can only be used for the direct costs associated with the response to the COVID-19 pandemic and cannot be used to make up for revenue shortfalls. State and local government officials have requested that this restriction be lifted or that additional federal funds be provided to address the loss of state and local revenue. To date, no action has been taken by Congress to allow that flexibility or to provide funding for that purpose. Allocation of CRF Funds to Localities While the federal CARES Act does not require that states distribute funding to local governments with populations less than 500,000 residents, the Governor recognizes that localities are experiencing the same COVID-19 related expenses as the Commonwealth. Therefore, fifty (50) percent of the locally-based allocations will be distributed to counties and cities on or around June 1, 2020, by the Department of Accounts (DOA) after receipt of a signed certification from the locality. This distribution will be made to the local treasurer in the same manner that Car Tax Relief Payments are made. Each locality’s allocation will be based on the proportion that the locality’s population represents of the statewide total population. Appendix A reflects the population used by US Treasury to allocate CRF funds to the states. This population data is the basis for determining the allocations to each locality. This table also reflects each locality’s share of the current distribution based on the population data displayed. Please note that the population data for each county includes the populations of the towns within its borders. Consequently, the allocation indicated for each county includes any allocations based on residents that live in the towns located within that county. CRF funds should be considered "one time" monies and should not be used for ongoing services and/or base operations. Because the funds must be expended by December 30, localities are advised not to create services with expenses beyond that period. Any expenses beyond December 30, 2020, must be paid entirely by the locality from local funds. Requirements for Use of Funds and Certifications General The amounts listed in Appendix A reflect the funds that will be transferred to each locality after receipt of a certification form (Appendix D) from the locality signed by the chief executive officer, the chief financial officer, and the chief elected officer. Before signing the certification, I recommend that you read and understand the federal guidance and the frequently asked questions contained in Appendix B and Appendix C, respectively. The most recent information on this guidance and the frequently asked questions can be obtained at: https://home.treasury.gov/policy- issues/cares/state-and-local-governments Page 36 of 81 County and City Elected Officials and Administrators Cabinet Secretaries May 12, 2020 Page 3 Please note that the certification statement includes an acknowledgment that you may be required to return funds to the federal government if it is determined that those funds were spent for purposes that do not qualify. Since these funds are being provided to you “up front” rather than on a reimbursement basis, it is important for you to understand that the burden of ensuring that all CRF funds are spent for qualifying purposes falls to the local government. You are responsible for maintaining all necessary documentation to ensure compliance with the federal requirements. If the federal government determines that you have used CRF funds for purposes that do not qualify, you must return those funds to the state promptly so that they may be returned to the federal government. As a condition of receiving CRF funds, you are agreeing that the state can use state aid intercept to recover any funds necessary for expenses that were not for a qualifying purpose or that were unexpended as of December 30, 2020. For Counties Only As previously stated, the population data for each county includes the populations of the towns within its borders. Consequently, the allocation indicated for each county includes any allocations based on residents that live in the towns located within that county. Counties must ensure that an equitable share of the CRF funds it receives are shared with and granted to each town within its jurisdiction. Just as with the funds retained by the county, the funds granted to towns must be spent in accordance with the same requirements and the same documentation must be retained for audit purposes. The county issuing the grant is responsible for the ensuring compliance with the documentation requirements and must ensure that the use of the funds meets the requirements set forth by the federal government. Submission of Certification The certification in Appendix D contains more specific details on the responsibilities of the local governing body. A fillable .pdf form can be downloaded from the Secretary of Finance’s Website under “Recent News” at: http://finance.virginia.gov/ In order to receive your locality’s allocation, the signed certification form must be submitted no later than May 22, 2020, to the Department of Accounts in electronic or hard copy form: By Email to: GACCT@DOA.Virginia.gov By US Mail to: Department of Accounts Attention: Local CRF Certification P.O. Box 1971 Richmond, VA 23218-1971 If you have any questions about this process, you may contact my office at (804) 786-1148. If you have technical questions about the certification form or the distribution of the funds, please contact Melinda Pearson, Director, General Accounting, Department of Accounts, at Melinda.Pearson@DOA.Virginia.gov or by phone at 804-225-2376. Page 37 of 81 Appendix A – Local Allocations Annual Estimates of the Resident Population for Counties in Virginia: as of Statewide Current July 1, 2019 Total = Allocation Base = 8,535,519 % of Total 1 $744,691,122 Locality Population .Accomack County, Virginia 32,316 0.3786% $2,819,446 .Albemarle County, Virginia 109,330 1.2809% $9,538,621 .Alleghany County, Virginia 14,860 0.1741% $1,296,478 .Amelia County, Virginia 13,145 0.1540% $1,146,851 .Amherst County, Virginia 31,605 0.3703% $2,757,414 .Appomattox County, Virginia 15,911 0.1864% $1,388,173 .Arlington County, Virginia 236,842 2.7748% $20,663,551 .Augusta County, Virginia 75,558 0.8852% $6,592,144 .Bath County, Virginia 4,147 0.0486% $361,810 .Bedford County, Virginia 78,997 0.9255% $6,892,184 .Bland County, Virginia 6,280 0.0736% $547,906 .Botetourt County, Virginia 33,419 0.3915% $2,915,679 .Brunswick County, Virginia 16,231 0.1902% $1,416,092 .Buchanan County, Virginia 21,004 0.2461% $1,832,518 .Buckingham County, Virginia 17,148 0.2009% $1,496,097 .Campbell County, Virginia 54,885 0.6430% $4,788,505 .Caroline County, Virginia 30,725 0.3600% $2,680,638 .Carroll County, Virginia 29,791 0.3490% $2,599,150 .Charles City County, Virginia 6,963 0.0816% $607,495 .Charlotte County, Virginia 11,880 0.1392% $1,036,484 .Chesterfield County, Virginia 352,802 4.1333% $30,780,614 .Clarke County, Virginia 14,619 0.1713% $1,275,451 .Craig County, Virginia 5,131 0.0601% $447,660 .Culpeper County, Virginia 52,605 0.6163% $4,589,583 .Cumberland County, Virginia 9,932 0.1164% $866,529 .Dickenson County, Virginia 14,318 0.1677% $1,249,190 .Dinwiddie County, Virginia 28,544 0.3344% $2,490,354 .Essex County, Virginia 10,953 0.1283% $955,607 .Fairfax County, Virginia 1,147,532 13.4442% N/A .Fauquier County, Virginia 71,222 0.8344% $6,213,845 .Floyd County, Virginia 15,749 0.1845% $1,374,040 .Fluvanna County, Virginia 27,270 0.3195% $2,379,202 .Franklin County, Virginia 56,042 0.6566% $4,889,448 Appendix A – Local Allocations 4 Page 38 of 81 .Frederick County, Virginia 89,313 1.0464% $7,792,215 .Giles County, Virginia 16,720 0.1959% $1,458,756 .Gloucester County, Virginia 37,348 0.4376% $3,258,469 .Goochland County, Virginia 23,753 0.2783% $2,072,358 .Grayson County, Virginia 15,550 0.1822% $1,356,678 .Greene County, Virginia 19,819 0.2322% $1,729,131 .Greensville County, Virginia 11,336 0.1328% $989,022 .Halifax County, Virginia 33,911 0.3973% $2,958,604 .Hanover County, Virginia 107,766 1.2626% $9,402,168 .Henrico County, Virginia 330,818 3.8758% $28,862,595 .Henry County, Virginia 50,557 0.5923% $4,410,903 .Highland County, Virginia 2,190 0.0257% $191,069 .Isle of Wight County, Virginia 37,109 0.4348% $3,237,617 .James City County, Virginia 76,523 0.8965% $6,676,337 .King and Queen County, Virginia 7,025 0.0823% $612,904 .King George County, Virginia 26,836 0.3144% $2,341,338 .King William County, Virginia 17,148 0.2009% $1,496,097 .Lancaster County, Virginia 10,603 0.1242% $925,071 .Lee County, Virginia 23,423 0.2744% $2,043,566 .Loudoun County, Virginia 413,538 4.8449% $36,079,596 .Louisa County, Virginia 37,591 0.4404% $3,279,670 .Lunenburg County, Virginia 12,196 0.1429% $1,064,054 .Madison County, Virginia 13,261 0.1554% $1,156,971 .Mathews County, Virginia 8,834 0.1035% $770,732 .Mecklenburg County, Virginia 30,587 0.3583% $2,668,598 .Middlesex County, Virginia 10,582 0.1240% $923,239 .Montgomery County, Virginia 98,535 1.1544% $8,596,799 .Nelson County, Virginia 14,930 0.1749% $1,302,585 .New Kent County, Virginia 23,091 0.2705% $2,014,601 .Northampton County, Virginia 11,710 0.1372% $1,021,652 .Northumberland County, Virginia 12,095 0.1417% $1,055,242 .Nottoway County, Virginia 15,232 0.1785% $1,328,933 .Orange County, Virginia 37,051 0.4341% $3,232,557 .Page County, Virginia 23,902 0.2800% $2,085,357 .Patrick County, Virginia 17,608 0.2063% $1,536,230 .Pittsylvania County, Virginia 60,354 0.7071% $5,265,654 .Powhatan County, Virginia 29,652 0.3474% $2,587,023 .Prince Edward County, Virginia 22,802 0.2671% $1,989,387 .Prince George County, Virginia 38,353 0.4493% $3,346,151 .Prince William County, Virginia 470,335 5.5103% $41,034,915 .Pulaski County, Virginia 34,027 0.3987% $2,968,725 .Rappahannock County, Virginia 7,370 0.0863% $643,004 .Richmond County, Virginia 9,023 0.1057% $787,222 .Roanoke County, Virginia 94,186 1.1035% $8,217,365 Appendix A – Local Allocations 5 Page 39 of 81 .Rockbridge County, Virginia 22,573 0.2645% $1,969,407 .Rockingham County, Virginia 81,948 0.9601% $7,149,647 .Russell County, Virginia 26,586 0.3115% $2,319,526 .Scott County, Virginia 21,566 0.2527% $1,881,550 .Shenandoah County, Virginia 43,616 0.5110% $3,805,328 .Smyth County, Virginia 30,104 0.3527% $2,626,458 .Southampton County, Virginia 17,631 0.2066% $1,538,237 .Spotsylvania County, Virginia 136,215 1.5959% $11,884,234 .Stafford County, Virginia 152,882 1.7911% $13,338,365 .Surry County, Virginia 6,422 0.0752% $560,295 .Sussex County, Virginia 11,159 0.1307% $973,580 .Tazewell County, Virginia 40,595 0.4756% $3,541,757 .Warren County, Virginia 40,164 0.4706% $3,504,154 .Washington County, Virginia 53,740 0.6296% $4,688,608 .Westmoreland County, Virginia 18,015 0.2111% $1,571,739 .Wise County, Virginia 37,383 0.4380% $3,261,523 .Wythe County, Virginia 28,684 0.3361% $2,502,568 .York County, Virginia 68,280 0.8000% $5,957,167 .Alexandria city, Virginia 159,428 1.8678% $13,909,478 .Bristol city, Virginia 16,762 0.1964% $1,462,420 .Buena Vista city, Virginia 6,478 0.0759% $565,181 .Charlottesville city, Virginia 47,266 0.5538% $4,123,776 .Chesapeake city, Virginia 244,835 2.8684% $21,360,910 .Colonial Heights city, Virginia 17,370 0.2035% $1,515,466 .Covington city, Virginia 5,538 0.0649% $483,169 .Danville city, Virginia 40,044 0.4691% $3,493,685 .Emporia city, Virginia 5,346 0.0626% $466,418 .Fairfax city, Virginia 24,019 0.2814% $2,095,565 .Falls Church city, Virginia 14,617 0.1712% $1,275,277 .Franklin city, Virginia 7,967 0.0933% $695,090 .Fredericksburg city, Virginia 29,036 0.3402% $2,533,279 .Galax city, Virginia 6,347 0.0744% $553,751 .Hampton city, Virginia 134,510 1.5759% $11,735,479 .Harrisonburg city, Virginia 53,016 0.6211% $4,625,442 .Hopewell city, Virginia 22,529 0.2639% $1,965,568 .Lexington city, Virginia 7,446 0.0872% $649,635 .Lynchburg city, Virginia 82,168 0.9627% $7,168,841 .Manassas city, Virginia 41,085 0.4813% $3,584,508 .Manassas Park city, Virginia 17,478 0.2048% $1,524,888 .Martinsville city, Virginia 12,554 0.1471% $1,095,288 .Newport News city, Virginia 179,225 2.0998% $15,636,690 .Norfolk city, Virginia 242,742 2.8439% $21,178,304 .Norton city, Virginia 3,981 0.0466% $347,327 .Petersburg city, Virginia 31,346 0.3672% $2,734,818 Appendix A – Local Allocations 6 Page 40 of 81 .Poquoson city, Virginia 12,271 0.1438% $1,070,597 .Portsmouth city, Virginia 94,398 1.1059% $8,235,862 .Radford city, Virginia 18,249 0.2138% $1,592,155 .Richmond city, Virginia 230,436 2.6997% $20,104,653 .Roanoke city, Virginia 99,143 1.1615% $8,649,844 .Salem city, Virginia 25,301 0.2964% $2,207,415 .Staunton city, Virginia 24,932 0.2921% $2,175,221 .Suffolk city, Virginia 92,108 1.0791% $8,036,068 .Virginia Beach city, Virginia 449,974 5.2718% $39,258,497 .Waynesboro city, Virginia 22,630 0.2651% $1,974,380 .Williamsburg city, Virginia 14,954 0.1752% $1,304,679 .Winchester city, Virginia 28,078 0.3290% $2,449,697 Total Funds Distributed (excludes Fairfax County) $644,573,383 Source: U.S. Census Bureau, Population Division Release Date: March 2020 1 Note: Percentages are displayed as rounded numbers, however, the distributions are calculated using the full values. Appendix A – Local Allocations 7 Page 41 of 81 Appendix B - Guidance From U.S. Treasury Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments April 22, 2020 The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act established the Coronavirus Relief Fund (the “Fund”) and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. The CARES Act provides that payments from the Fund may only be used to cover costs that— 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.1 The guidance that follows sets forth the Department of the Treasury’s interpretation of these limitations on the permissible use of Fund payments. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred “due to” the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The statute also specifies that expenditures using Fund payments must be “necessary.” The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government Appendix B - Coronavirus Relief Fund Guidance from US Treasury 8 Page 42 of 81 officials responsible for spending Fund payments. 1 See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act. Costs not accounted for in the budget most recently approved as of March 27, 2020 The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The “most recently approved” budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 A cost is “incurred” when the responsible unit of government has expended funds to cover the cost. Nonexclusive examples of eligible expenditures Eligible expenditures include, but are not limited to, payment for: 1. Medical expenses such as: ● COVID-19-related expenses of public hospitals, clinics, and similar facilities. ● Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. ● Costs of providing COVID-19 testing, including serological testing. ● Emergency medical response expenses, including emergency medical transportation, related to COVID-19. ● Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. 2. Public health expenses such as: ● Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. ● Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in Appendix B - Coronavirus Relief Fund Guidance from US Treasury 9 Page 43 of 81 connection with the COVID-19 public health emergency. ● Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. ● Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. ● Expenses for public safety measures undertaken in response to COVID-19. ● Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: ● Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. ● Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. ● Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. ● Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. ● COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. ● Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: ● Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. ● Expenditures related to a State, territorial, local, or Tribal government payroll support program. ● Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund’s eligibility criteria. Appendix B - Coronavirus Relief Fund Guidance from US Treasury 10 Page 44 of 81 Nonexclusive examples of ineligible expenditures2 The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. 1. Expenses for the State share of Medicaid.3 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 2 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Furthermore, no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions. 3 See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306. 1 The Guidance is available at: https://home.treasury.gov/policy-issues/cares/state-and-local- governments Appendix B - Coronavirus Relief Fund Guidance from US Treasury 11 Page 45 of 81 Appendix C - Frequently Asked Questions The content below was provided by the US Department of the Treasury. Coronavirus Relief Fund Frequently Asked Questions April 22, 2020 Do governments have to return unspent funds to Treasury? Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Inspector General of the Department of the Treasury of amounts received from the Coronavirus Relief Fund (the “Fund”) that have not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the Department of the Treasury. May a State receiving a payment transfer funds to a local government? Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Inspector General if they have not been used in a manner consistent with section 601(d) of the Social Security Act. May governments retain assets purchased with these funds? Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d) of the Social Security Act. Appendix C - US Treasury Coronavirus Relief Fund Guidance FAQ 12 Page 46 of 81 Coronavirus Relief Fund Frequently Asked Questions Updated as of May 4, 2020 The following answers to frequently asked questions supplement Treasury’s Coronavirus Relief Fund (“Fund”) Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020, (“Guidance”).1 Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Eligible Expenditures Are governments required to submit proposed expenditures to Treasury for approval? No. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. The Guidance says that funding can be used to meet payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. How does a government determine whether payroll expenses for a given employee satisfy the “substantially dedicated” condition? The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. What would qualify as a “substantially different use” for purposes of the Fund eligibility? Costs incurred for a “substantially different use” include, but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency, have been diverted to substantially different functions. This would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty’s ordinary responsibilities. Appendix C - US Treasury Coronavirus Relief Fund Guidance FAQ 13 Page 47 of 81 Note that a public function does not become a “substantially different use” merely because it is provided from a different location or through a different manner. For example, although developing online instruction capabilities may be a substantially different use of funds, online instruction itself is not a substantially different use of public funds than classroom instruction. May a State receiving a payment transfer funds to a local government? Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d) of the Social Security Act. May a unit of local government receiving a Fund payment transfer funds to another unit of government? Yes. For example, a county may transfer funds to a city, town, or school district within the county and a county or city may transfer funds to its State, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? No. For example, a county recipient is not required to transfer funds to smaller cities within the county’s borders. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. Fund payments are not required to be used as the source of funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. In addition, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, are not eligible uses of Fund payments. Are States permitted to use Fund payments to support state unemployment insurance funds generally? To the extent that the costs incurred by a state unemployment insurance fund are incurred due to Appendix C - US Treasury Coronavirus Relief Fund Guidance FAQ 14 Page 48 of 81 the COVID-19 public health emergency, a State may use Fund payments to make payments to its respective state unemployment insurance fund, separate and apart from such State’s obligation to the unemployment insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. The Guidance states that the Fund may support a “broad range of uses” including payroll expenses for several classes of employees whose services are “substantially dedicated to mitigating or responding to the COVID-19 public health emergency.” What are some examples of types of covered employees? The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. These classes of employees include public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers’ compensation coverage. Is the cost of this expanded workers compensation coverage eligible? Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible expense. If a recipient would have decommissioned equipment or not renewed a lease on particular office space or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing lease payments eligible expenses? Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible. Appendix C - US Treasury Coronavirus Relief Fund Guidance FAQ 15 Page 49 of 81 May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees to improve telework capabilities) rather than require employees to incur the eligible cost and submit for reimbursement? Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. As such, unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity, the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. May Fund payments be used for COVID-19 public health emergency recovery planning? Yes. Expenses associated with conducting a recovery planning project or operating a recovery coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section 601(d) of the Social Security Act outlined in the Guidance. Are expenses associated with contact tracing eligible? Yes, expenses associated with contract tracing are eligible. To what extent may a government use Fund payments to support the operations of private hospitals? Governments may use Fund payments to support public or private hospitals to the extent that the costs are necessary expenditures incurred due to the COVID-19 public health emergency, but the form such assistance would take may differ. In particular, financial assistance to private hospitals could take the form of a grant or a short-term loan. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? Yes. To the extent that the relevant government official determines that these expenses are necessary and they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance, these expenses are eligible. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-19 health emergency. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter, providing assistance to recipients to enable them to meet property tax Appendix C - US Treasury Coronavirus Relief Fund Guidance FAQ 16 Page 50 of 81 requirements would not be an eligible use of funds, but exceptions may be made in the case of assistance designed to prevent foreclosures. May recipients create a “payroll support program” for public employees? Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May recipients use Fund payments to cover employment and training programs for employees that have been furloughed due to the public health emergency? Yes, this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. May recipients use Fund payments to provide emergency financial assistance to individuals and families directly impacted by a loss of income due to the COVID-19 public health emergency? Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. The Guidance provides that eligible expenditures may include expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a “small business,” and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. Appendix C - US Treasury Coronavirus Relief Fund Guidance FAQ 17 Page 51 of 81 May Fund payments be used to assist impacted property owners with the payment of their property taxes? Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a direct subsidy payment to all utility account holders? Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. Could Fund payments be used for capital improvement projects that broadly provide potential economic development in a community? In general, no. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures, including related construction costs. The Guidance includes workforce bonuses as an example of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific definition of “hazard pay”? Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. The Guidance provides that ineligible expenditures include “payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency.” Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers’ employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May counties pre-pay with CARES Act funds for expenses such as a one or two-year facility lease, such as to house staff hired in response to COVID-19? A government should not make prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. Appendix C - US Treasury Coronavirus Relief Fund Guidance FAQ 18 Page 52 of 81 Questions Related to Administration of Fund Payments Do governments have to return unspent funds to Treasury? Yes. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the Department of the Treasury. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d) of the Social Security Act May recipients deposit Fund payments into interest bearing accounts? Yes, provided that if recipients separately invest amounts received from the Fund, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits Fund payments in a government’s general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. May governments retain assets purchased with payments from the Fund? Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. What rules apply to the proceeds of disposition or sale of assets acquired using payments from the Fund? If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. 1 The Guidance is available at: https://home.treasury.gov/policy-issues/cares/state-and-local- governments Appendix C - US Treasury Coronavirus Relief Fund Guidance FAQ 19 Page 53 of 81 Appendix D - Certification for Use of Coronavirus Relief Fund Note: Provided for reference only - download a fillable .pdf copy of this form from the Secretary of Finance’s Website under “Recent News” at: http://finance.virginia.gov/ CERTIFICATION for RECEIPT of CORONAVIRUS RELIEF FUND PAYMENTS by [INSERT NAME OF LOCAL GOVERNMENT] We the undersigned represent [insert name of local government] (the locality), and we certify that: 1. we have the authority to request direct payment on behalf of the locality from the Commonwealth of Virginia of revenues from the Coronavirus Relief Fund (CRF) pursuant to section 601(b) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). 2. we understand that the Commonwealth of Virginia will rely on this certification as a material representation in making a direct payment to the locality. 3. the locality 's proposed uses of the funds received as direct payment from the Commonwealth of Virginia under section 601(b) of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for the locality; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 4. any funds that are not expended or that will not be expended on necessary expenditures on or before December 30, 2020, by the locality or its grantee(s), must be returned to Commonwealth of Virginia no later than December 30, 2020, and that the Commonwealth of Virginia is entitled to invoke state aid intercept to recover any such unexpended funds that have not been returned to the Commonwealth within 30 days of December 30, 2020. 5. we understand that the locality will not receive continued funding beyond December 30, 2020, from any source to continue paying expenses or providing services that were initiated or previously supported from CRF funds prior to December 30, 2020. 6. funds received as a direct payment from the Commonwealth of Virginia pursuant to this certification must adhere to official federal guidance issued or to be issued regarding what constitutes a necessary expenditure. 7. any CRF funds expended by the locality or its grantee(s) in any manner that does not adhere to official federal guidance shall be returned to the Commonwealth of Virginia within 30 days of a finding that the expenditure is disallowed, and that the Commonwealth of Virginia is entitled to Appendix D – Local Certification 20 Page 54 of 81 invoke state aid intercept to recover any and all such funds that are not repaid within 30 days of a finding that the expenditure is disallowed. 8. as a condition of receiving the CRF funds pursuant to this certification, the locality shall retain documentation of all uses of the funds, including but not limited to payroll time records, invoices, and/or sales receipts. Such documentation shall be produced to the Commonwealth of Virginia upon request. 9. the locality must maintain proper accounting records to segregate these expenditures from those supported by other fund sources and that all such records will be subject to audit. 10. any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected revenue collections from taxes, fees, or any other revenue source. 11. any CRF funds received pursuant to this certification will not be used for expenditures for which the locality has received funds from any other emergency COVID-19 supplemental funding (whether state, federal, or private in nature) for that same expense nor may CRF funds be used for purposes of matching other federal funds unless specifically authorized by federal statute, regulation, or guideline. For counties only 12. an equitable share of CRF funds received pursuant to this certification shall be shared with and granted to each town within its jurisdiction. Such grant(s) shall be used solely for necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19), that were not accounted for in the budget most recently approved as of March 27, 2020, and that were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. The county issuing the grant is responsible for the ensuring compliance with the documentation requirements required by this certification and shall ensure that the use of the funds meets the requirements set forth in this certification. We certify that we have read the above certification and our statements contained herein are true and correct to the best of our knowledge. By: By: By: _________________________ _________________________ _________________________ Signature: Signature: Signature: _________________________ _________________________ _________________________ Title: Title: Title: _________________________ _________________________ _________________________ Date: Date: Date: _________________________ _________________________ _________________________ Appendix D – Local Certification 21 Page 55 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 15, 2020 Action Requested: Resolution Presenter: Brenda Kelley, Redevelopment Manager, City Manager’s Office Staff Contacts: Dr. Tarron Richardson, City Manager John Sales, Housing Program Coordinator Brenda Kelley, Redevelopment Manager, City Manager’s Office Title: Approval of the Third Amended Grant Agreement, Charlottesville Supplemental Rental Assistance Program (CSRAP) Background: On June 19, 2017, City Council approved the creation of a supplemental rental assistance program for the City of Charlottesville. In October 2017, the City Council approved the Charlottesville Supplemental Rental Assistance Program (CSRAP) and funding for the program. The Grant Agreement between the City and the CRHA was executed in January 2018. The first voucher was issued in April 2018. Currently, the City Council has approved total funding for this program in the amount of $3,495,000 ($900,000 in FY17/18; $945,000 in FY18/19; $750,000 in FY19/20; and $900,000 in FY20/21) which will continue to extend this housing assistance for our vulnerable households. Discussion: Charlottesville Redevelopment and Housing Authority (CRHA) continues to administer this program similar to the federal Housing Choice Voucher program. Each year CHRA staff provides City Council with an update on the status of the program. Recently, City Council approved an amendment to the agreement to allow for administrative costs to be included from the program funding, due to concerns from the U.S. Department of Housing and Urban Development (HUD). This current revised Agreement generally includes additional items that were not previously included to address administration of the program, as well as updating the program timeframe and funding allocation(s) and to allow CRHA staff to make tenant lease agreements available to City staff, versus the administrative burden of providing new and updated copies with every new lease or lease renewal. Page 56 of 81 Alignment with City Council’s Vision and Strategic Plan: The provision of assistance with housing some of our most vulnerable families supports City Council’s visions of Quality Housing Opportunities for All; Community of Mutual Respect; and Smart, Citizen-Focused Government. This program aligns directly with Strategic Plan Goal 1.3: Increase affordable housing options. Community Engagement: Amendment of the Grant Agreement has been reviewed with CRHA staff. Budgetary Impact: This request does not require any additional funding from the City budget. Recommendation: Staff recommends that City Council approve the attached Resolution. Alternatives: City Council could choose to not approve this Resolution which may effectively end this program and/or negatively affect the provision of housing assistance currently providing relief for some of our most vulnerable families. Attachments: Resolution Clean version of amended Agreement Strikethrough/underline version of amended Agreement 2 Page 57 of 81 RESOLUTION APPROVING THE THIRD AMENDED GRANT AGREEMENT FOR THE CHARLOTTESVILLE SUPPLEMENTAL RENTAL ASSISTANCE PROGRAM FOR THE FISCAL YEAR BEGINNING JULY 1, 2020 WHEREAS, on June 19, 2017 the City of Charlottesville approved the creation of a City-funded Supplemental Rental Assistance Program (“CSRAP”), and on April 8, 2019 City Council approved an allocation of $750,000 from Capital Improvement Program funds and on June 1, 2020 City Council approved an allocation of $900,000 from Capital Improvement Program funds to be used for the CSRAP program, which will be administered by CRHA; and WHEREAS, the terms and conditions under which the Charlottesville Redevelopment and Housing Authority (“CRHA”) will administer the CSRAP Program are set forth within a written grant agreement effective for the fiscal year beginning July 1, 2020 which has been reviewed by City Council this same date; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia, THAT: 1. The CSRAP program shall be administered by CRHA in accordance with the terms and conditions set forth within the CSRAP grant agreement effective for the fiscal year beginning July 1, 2020, which is hereby approved by this City Council; and 2. The City Manager is authorized to execute the CSRAP grant agreement on behalf of the City of Charlottesville and the City Manager and City staff are authorized and directed to apply the funding allocated above to the CSRAP program in accordance with the terms set out within the CSRAP grant agreement. Approved by Council June 15, 2020 ________________________ Kyna Thomas, CMC Clerk of Council 3 Page 58 of 81 Third Amended GRANT AGREEMENT Charlottesville Supplemental Rental Assistance Program (CSRAP) This grant agreement provides the terms and conditions upon which the City of Charlottesville ("City") will provide funding to the Charlottesville Redevelopment and Housing Authority ("CRHA") for the purpose of administering the “Charlottesville Supplemental Rental Assistance Program” (“CSRAP”). The CSRAP represents a partnership between the City of Charlottesville and the Charlottesville Redevelopment and Housing Authority. Approval of the program to support CRHA’s administration of the CSRAP was provided by City Council on October 16, 2017. Section 1. Time for Performance: July 1, 2020 through June 30, 2021. Section 2. City Funding Amount: $750,000 (FY19/20) and $900,000 (FY20/21) · Section 3. Conditions of City Funding: I. PURPOSE OF THE PROGRAM A. The City has authorized the transfer of up to $750,000.00 plus carryforward program funding and FY20/21 funding, if any, to the Charlottesville Redevelopment and Housing Authority (CRHA) for use within the Fiscal Year ending June 30, 2021, upon the following conditions: (i) the funding shall be used exclusively by CRHA to provide rental assistance subsidies to individuals who are part of Extremely Low-Income to Low-Income Households, defined as those households earning less than 60% of Area Median Income (Area Median Income) as determined by the US Department of Housing and Urban Development annually within the City of Charlottesville, including, but not limited to, those who are homeless, elderly and/or disabled individuals, or those enrolled in a self-sufficiency program; and (ii) the administration of this funding by CRHA shall be in accordance with the terms of this document. B. The City is authorized by Va. Code §36-7 to provide money to a housing authority, to enable or assist the authority to carry out its purposes. II. FUNDING The CSRAP shall be funded through the City’s Capital Improvement Program (CIP) fund. III. ADMINISTRATION The CSRAP represents a partnership between the City of Charlottesville and the Charlottesville Redevelopment and Housing Authority. The City and CRHA recognize that program funding is required to cover the administrative burden associated with the program. CRHA agrees to administer the CSRAP in a manner similar to the federal Housing Choice Voucher Program (HCVP) rules and regulations, as amended, and the City of 4 Page 59 of 81 Charlottesville’s Housing Policy 1, as amended (attached hereto as Appendix A). An exception to the administration of the program will be permitted to allow for single room housing that might not otherwise meet HUD rules and regulations, in limited circumstances. For purposes of administration of the CSRAP, the term “household” shall mean and include any one (1) or more individual(s) who comprise a single housekeeping unit. IV. ADMISSIONS/PREFERENCES AND THE WAITING LIST A. Eligible Households shall be selected and admitted from the CRHA's existing HCVP waiting list in accordance with the HCVP rules and regulations established by the CRHA for selection and admission for tenant-based housing assistance through the CSRAP unless specified otherwise in this agreement. Only Households with incomes less than 60% AMI shall be issued CSRAP rental assistance subsidies. A Household can apply to participate in the CSRAP Program if individual(s) within the Household live or work within the City of Charlottesville at the time of the application; however, CSRAP rental assistance shall be issued only to subsidize rental payments owed by a Household for rental of a dwelling unit located within the City of Charlottesville, except as per the provision in Section V.B.iii. B. The CHRA shall issue the CSRAP rental assistance according to the following priorities: (i) A minimum of fifteen (15) CSRAP rental assistance subsidies will be issued to Households who are homeless. (These recipients may or may not be enrolled in the CRHA HCV waiting list.) (ii) A minimum of forty (40) CSRAP rental assistance subsidies will be issued to Households enrolled in a local self-sufficiency program. (These recipients may or may not be enrolled in the CRHA HCV waiting list.) (iii) The remainder of the CSRAP funded rental assistance subsidies (i.e., those not issued in accordance with Sections IV.B(i) or IV.B(ii), above) shall be issued to HCVP eligible households, if the individual(s) within those Households live or work in the City of Charlottesville, and if the Household(s) is or are on the CRHA’s HCVP waiting list at the time of the issuance of a CSRAP voucher. (iv) In the administration and issuance of CSRAP funded rental assistance subsidies described in Section IV.B(iii) above, CRHA will insure that vouchers will be issued to households with incomes less than 60% AMI. C. Households on the CRHA’s HCVP waiting list who accept CSRAP voucher(s) shall remain on the HCVP waiting list, and shall retain their ranking on that list. If an individual or household on the HCVP waiting list is selected by CRHA for the HCVP program, CRHA shall offer that Household the opportunity to replace any CSRAP subsidy being received with an HCV. V. TENANT-BASED HOUSING ASSISTANCE 5 Page 60 of 81 A. CSRAP rental assistance subsidies shall be administered as tenant-based housing assistance in a manner similar to CRHA’s HCVP rules and regulations. B. Notwithstanding any CRHA HCVP rule or regulation to the contrary, (see Section V.A, above), the following rules apply specifically to the CSRAP: (i) Rental assistance subsidies shall not be eligible for portability as such term is defined and utilized in 24 C.F.R. §§ 982.351 and 982.353, as amended. (ii) Households receiving a CSRAP voucher shall have 60 days to locate, and lease, a rental housing unit within the City of Charlottesville. (iii) Should a Household be unable to locate a rental unit that it can afford (based on the 30% required contribution referenced in subparagraph (iv), following below) within the City of Charlottesville within the initial 60-day CSRAP voucher term, the CRHA may grant one 120-day extension, during which time the recipient household may continue to search for rental housing in the City of Charlottesville or within Albemarle County. (iv) Households receiving a CSRAP voucher shall be required to contribute 30% of the monthly gross income of that Household toward rent each month. The Household’s required rent contribution shall be determined at the time the Household is accepted into the CSRAP, and thereafter shall not be increased more than once every 24 months; regardless of whether or not the rent contribution is increased during any 24 month period, CRHA shall continue to verify and keep records as to the Household income, report income to the City, and comply with the requirements within this Grant Agreement. (v) CSRAP rental assistance shall be provided monthly. The monthly housing assistance payment shall be equal to the applicable HCVP payment standard for bedroom size for the Charlottesville area, as established annually by the Virginia Housing and Development Authority, minus the tenant’s portion of the rent. (vi) The CRHA shall reexamine the income and family composition of each Household receiving CSRAP rental assistance, at least once every 24 months. Any Household that experiences a decrease in income may request a reexamination and adjustment of the requirement for 30% monthly income participation (see subparagraph (iv), above) at any time. VI. CONTINUING ELIGIBILITY FOR CSRAP FUNDING A. Subject to availability of CSRAP funds and the terms of this Grant Agreement, CSRAP rental assistance may be issued to a Household so long as the Household is in compliance with the CSRAP Program Rules. B. CSRAP-assisted Households shall be entitled to the Informal Hearing Procedures for 6 Page 61 of 81 Applicants and Participants of the Housing Choice Voucher and Moderate Rehabilitation Programs as defined by 24 CFR §982.54(d)(12) and (13) as amended, as administered by the CRHA. VII. PROGRAM FUNDING A. The City’s Housing Program Coordinator has verified that funding in the amount of $750,000 is available and has been appropriated by City Council to support the CSRAP. CSRAP will continue so long as funds from the initial funding allocation of $750,000 plus carryforward program, if any, for support of the CSRAP remain unencumbered or additional funding has been appropriated by City Council in amounts sufficient to support continuation of the CSRAP in subsequent fiscal year(s). B. Each year, in accordance with a schedule established by the City’s Budget Director, CRHA shall prepare and submit to the City an estimate of the amount of money needed during the ensuing fiscal year for the CSRAP, based on the Households then participating in the CSRAP at that time, and based on CRHA’s estimate of any rent increases for those participating Households, and (at CRHA’s option) CRHA’s estimates of the cost of any desired expansion of the CSRAP to additional participants during the ensuing fiscal year. CRHA will be afforded at least 30 days within which to prepare and submit such annual funding estimate. This CSRAP Agreement may be renewed for succeeding fiscal years by written agreement of the parties, subject to the availability and appropriation of public funds. C. The City shall retain the existing program funding reserve of $292,500 as a program reserve fund to ensure funding is available to cover any increases in rental assistance payments due to decreases in participant household income or increases in rent. All unused reserve funds shall be carried over in to the next year’s program funding total. D. When the unencumbered funding balance within the Initial Operational Allocation reaches an amount equal to approximately one month of maximum program rental expenses (or not to exceed $80,000), CRHA shall request and the City shall immediately disperse, from the funds appropriated to CSRAP in the City’s Capital Improvement Program an additional amount equal to approximately three months of maximum rental expenses (or not to exceed $240,000) to CRHA to provide ongoing support for the program. In so doing, at all times during the term of the CSRAP, CRHA will maintain an unencumbered program Operational Allocation balance of no less than $80,000 and no more than $240,000. E. CRHA may retain a portion of the program funding to be used for administration of the program. Administrative costs shall be equal to 7.5% of the annual program funding allocated by the City, or direct costs of administering the program if those costs exceed 7.5%. CRHA shall request and the City shall disperse an amount equal to one-fourth of administrative costs submitted with the rental expenses identified in paragraph (D) above, or on a quarterly basis. Administrative costs shall also be included in the Quarterly Report. F. Initial Reporting Requirements: 7 Page 62 of 81 (i) Upon determining that a Household is eligible to participate in the CSRA Program, CRHA shall make available to the City’s Housing Program Coordinator the following: (a) A copy of the Household’s rental assistance subsidy agreement, lease approval form, rent portions notice, rental unit information (including address and monthly rent), unit inspection report, and Household information (including income, size, composition), and (b) A copy of an invoice or other statement of rent from the Household’s landlord, identifying the monthly rental amount for that Household, at time of initial lease-up. G. Ongoing Reporting Requirements. (i) 30 days following the end of each calendar year quarter (specifically: on October 31, January 31, April 30, and July 31 each calendar year), the CRHA will submit to the City of Charlottesville, an itemized Quarterly Report, listing each recipient Household participating in the CSRA Program as of the date of such Report, and specifying the amount of monthly rent required for each Household (both household rent portion and rental assistance amount) for the calendar year quarter next succeeding the date of the Quarterly Report. Each such Quarterly Report shall add up each of the amounts required for the CSRA Program for the upcoming quarter, and shall give a total amount necessary to satisfy the Program commitments for that upcoming calendar year quarter. H. Each itemized Quarterly Report referenced in Paragraph (G)(i), above, shall be accompanied by the following information (in addition to the information required by paragraph (D), above) and this information shall be presented in an Excel Spreadsheet or other format mutually acceptable to both CRHA and the City’s Housing Program Coordinator. Each Quarterly Report shall provide program and household statistics, including but not necessarily limited to: • Date voucher issued • Date voucher extended (if applicable) • Date unit leased • Name (head of household) • Unit Address • Total Monthly Rent • Amount of Monthly Rental Assistance Provided • Household Income  %AMI • Employment Status • Number of Wage Earners • Household Composition 8 Page 63 of 81  Number of Adults  Number of Children  Number of Children Under 5-years  Number of Elderly (65 years+)  Number of Disabled  Race/Ethnicity • Compliance with admissions preference priorities as defined in Section IV.B. • Administrative costs (i) Following the Initial Operational Allocation, no funds will be released to CRHA, unless and until all required reporting pursuant to Section (E), Section (F) and Section (G) have been properly completed and submitted to the Housing Program Coordinator. (ii) The Housing Program Coordinator shall have 14 days from the date of report submittal to review and certify to CRHA that the reports provided meet the CSRAP reporting standards defined in Section (E), Section (F), & Section (G) above. After 14 days following report submittal (unless otherwise notified), CRHA and the Housing Program Coordinator will consider all reports submitted to be complete, proper and certified. (iii) All reports shall be submitted to the City of Charlottesville’s Housing Program Coordinator. OFFERED BY: City of Charlottesville By: _____________________________ Date: ___________________________ ACCEPTED BY: Charlottesville Redevelopment and Housing Authority By: _____________________________ Date: ____________________________ 9 Page 64 of 81 City of Charlottesville- Charlottesville Affordable Housing Fund (CAHF) Charlottesville Supplemental Rental Assistance Program (CSRAP)- City Account P-0952 Second Third Amended GRANT AGREEMENT Charlottesville Supplemental Rental Assistance Program (CSRAP) This grant agreement provides the terms and conditions upon which the City of Charlottesville ("City") will provide funding to the Charlottesville Redevelopment and Housing Authority ("CRHA") for the purpose of administering the “Charlottesville Supplemental Rental Assistance Program” (“CSRAP”). The CSRAP represents a partnership between the City of Charlottesville and the Charlottesville Redevelopment and Housing Authority. In order to facilitate expedient housing of those in need and to insure that funding resources are provided directly to housing clients, CRHA has proposed to administer the CSRAP at no cost to the City or the CSRAP. Therefore, the City and CRHA recognize that it is critical that the administrative burden associated with the program be kept to an absolute minimum. Funding approval Approval of the program in the amount of $900,000 to support CRHA’s administration of the CSRAP was provided by City Council on October 16, 2017. Section 1. Time for Performance: July 1, 2019 2020 through June 30, 20202021. Section 2. City Funding Amount: $945,000$750,000 (FY19/20) and $900,000 or amount of funding approved (FY20/21) · Section 3. Conditions of City Funding: I. PURPOSE OF THE PROGRAM A. The City of Charlottesville has authorized the transfer of up to $945750,000.00 plus carryforward program funding and FY20/21 funding, if any, from Charlottesville Affordable Housing Fund (CAHF) to the Charlottesville Redevelopment and Housing Authority (CRHA) for use within the Fiscal Year ending June 30, 20210, upon the following conditions: (i) the funding shall be used exclusively by CRHA to provide rental assistance subsidies to individuals who are part of Extremely Low- Income to Low-Income Households, defined as those households earning less than 60% of Area Median Income (Area Median Income) as determined by the US Department of Housing and Urban Development annually within the City of Charlottesville, including, but not limited to, those who are homeless, elderly and/or disabled individuals, or those enrolled in a self-sufficiency program; and (ii) the administration of this funding by CRHA shall be in accordance with the terms of this document. B. The City is authorized by Va. Code §36-7 to provide money to a housing authority, to enable or assist the authority to carry out its purposes. Page 65 of 81 City of Charlottesville- Charlottesville Affordable Housing Fund (CAHF) Charlottesville Supplemental Rental Assistance Program (CSRAP)- City Account P-0952 II. FUNDING The CSRAP shall be funded through the Charlottesville Affordable Housing Fund (CAHF)City’s Capital Improvement Program (CIP) fund. III. ADMINISTRATION The CSRAP represents a partnership between the City of Charlottesville and the Charlottesville Redevelopment and Housing Authority. In order to facilitate expedient housing of those in need and to insure that funding resources are provided directly to housing clients, CRHA has proposed to administer the CSRAP at no cost to the City or the CSRAP. Therefore, tThe City and CRHA recognize that program funding it is critical thatis required to cover the administrative burden associated with the program be kept to an absolute minimum. CRHA agrees to administer the CSRAP in a manner similar to the federal Housing Choice Voucher Program (HCVP) rules and regulations, as amended, and the City of Charlottesville’s Housing Policy 1, as amended (attached hereto as Appendix A). An exception to the administration of the program will be permitted to allow for single room housing that might not otherwise meet HUD rules and regulations, in limited circumstances. For purposes of administration of the CSRAP, the term “household” shall mean and include any one (1) or more individual(s) who comprise a single housekeeping unit. IV. ADMISSIONS/PREFERENCES AND THE WAITING LIST A. Eligible Households shall be selected and admitted from the CRHA's existing HCVP waiting list in accordance with the HCVP rules and regulations established by the CRHA for selection and admission for tenant-based housing assistance through the CSRAP unless specified otherwise in this agreement. Only Households with incomes less than 60% AMI shall be issued CSRAP rental assistance subsidies. A Household can apply to participate in the CSRAP Program if individual(s) within the Household live or work within the City of Charlottesville at the time of the application; however, CSRAP rental assistance shall be issued only to subsidize rental payments owed by a Household for rental of a dwelling unit located within the City of Charlottesville, except as per the provision in Section V.B.iii. B. The CHRA shall issue the CSRAP rental assistance according to the following priorities: (i) A minimum of fifteen (15) CSRAP rental assistance subsidies will be issued to Households who are homeless. (These recipients may or may not be enrolled in the CRHA HCV waiting list.) Page 66 of 81 City of Charlottesville- Charlottesville Affordable Housing Fund (CAHF) Charlottesville Supplemental Rental Assistance Program (CSRAP)- City Account P-0952 (ii) A minimum of forty (40) CSRAP rental assistance subsidies will be issued to Households enrolled in a local self-sufficiency program. (These recipients may or may not be enrolled in the CRHA HCV waiting list.) (iii) The remainder of the CSRAP funded rental assistance subsidies (i.e., those not issued in accordance with Sections IV.B(i) or IV.B(ii), above) shall be issued to HCVP eligible households, if the individual(s) within those Households live or work in the City of Charlottesville, and if the Household(s) is or are on the CRHA’s HCVP waiting list at the time of the issuance of a CSRAP voucher. (iv) In the administration and issuance of CSRAP funded rental assistance subsidies described in Section IV.B(iii) above, CRHA will insure that vouchers will be issued to households with incomes less than 60% AMI. C. Households on the CRHA’s HCVP waiting list who accept CSRAP voucher(s) shall remain on the HCVP waiting list, and shall retain their ranking on that list. If an individual or household on the HCVP waiting list is selected by CRHA for the HCVP program, CRHA shall offer that Household the opportunity to replace any CSRAP subsidy being received with an HCV. V. TENANT-BASED HOUSING ASSISTANCE A. CSRAP rental assistance subsidies shall be administered as tenant-based housing assistance in a manner similar to CRHA’s HCVP rules and regulations. B. Notwithstanding any CRHA HCVP rule or regulation to the contrary, (see Section V.A, above), the following rules apply specifically to the CSRAP: (i) Rental assistance subsidies shall not be eligible for portability as such term is defined and utilized in 24 C.F.R. §§ 982.351 and 982.353, as amended. (ii) Households receiving a CSRAP voucher shall have 60 days to locate, and lease, a rental housing unit within the City of Charlottesville. (iii) Should a Household be unable to locate a rental unit that it can afford (based on the 30% required contribution referenced in subparagraph (iv), following below) within the City of Charlottesville within the initial 60-day CSRAP voucher term, the CRHA may grant one 120-day extension, during which time the recipient household may continue to search for rental housing in the City of Charlottesville or within Albemarle County. (iv) Households receiving a CSRAP voucher shall be required to contribute 30% of the monthly gross income of that Household toward rent each month. The Household’s required rent contribution shall be determined at the time the Household is accepted into the CSRAP, and thereafter shall not be increased Page 67 of 81 City of Charlottesville- Charlottesville Affordable Housing Fund (CAHF) Charlottesville Supplemental Rental Assistance Program (CSRAP)- City Account P-0952 more than once every 24 months; regardless of whether or not the rent contribution is increased during any 24 month period, CRHA shall continue to verify and keep records as to the Household income, report income to the City, and comply with the requirements within this Grant Agreement. (v) CSRAP rental assistance shall be provided monthly. The monthly housing assistance payment shall be equal to the applicable HCVP payment standard for bedroom size for the Charlottesville area, as established annually by the Virginia Housing and Development Authority, minus the tenant’s portion of the rent. (vi) The CRHA shall reexamine the income and family composition of each Household receiving CSRAP rental assistance, at least once every 24 months. Any Household that experiences a decrease in income may request a reexamination and adjustment of the requirement for 30% monthly income participation (see subparagraph (iv), above) at any time. VI. CONTINUING ELIGIBILITY FOR CSRAP FUNDING A. Subject to availability of CSRAP funds and the terms of this Grant Agreement, CSRAP rental assistance may be issued to a Household so long as the Household is in compliance with the CSRAP Program Rules. B. CSRAP-assisted Households shall be entitled to the Informal Hearing Procedures for Applicants and Participants of the Housing Choice Voucher and Moderate Rehabilitation Programs as defined by 24 CFR §982.54(d)(12) and (13) as amended, as administered by the CRHA. VII. PROGRAM FUNDING A. The City’s Housing Program Coordinator has verified that funding in the amount of $945750,000 is available and has been appropriated by City Council to the CAHF to support the CSRAP. CSRAP will continue so long as funds from the initial funding allocation of $945750,000 plus carryforward program funding, if any, to CAHF for support of the CSRAP remain unencumbered or additional funding has been appropriated by City Council in amounts sufficient to support continuation of the CSRAP in subsequent fiscal year(s). B. Each year, in accordance with a schedule established by the City’s Budget Director, CRHA shall prepare and submit to the City an estimate of the amount of money needed during the ensuing fiscal year for the CSRAP, based on the Households then participating in the CSRAP at that time, and based on CRHA’s estimate of any rent increases for those participating Households, and (at CRHA’s option) CRHA’s estimates of the cost of any desired expansion of the CSRAP to additional participants during the ensuing fiscal year. CRHA will be afforded at least 30 days within which to prepare and submit such annual funding estimate. This CSRAP Page 68 of 81 City of Charlottesville- Charlottesville Affordable Housing Fund (CAHF) Charlottesville Supplemental Rental Assistance Program (CSRAP)- City Account P-0952 Agreement may be renewed for succeeding fiscal years by written agreement of the parties, subject to the availability and appropriation of public funds. C. The City shall retain the existing program funding reserve of $292,500 as a program reserve fund to ensure funding is available to cover any increases in rental assistance payments due to decreases in participant household income or increases in rent. All unused reserve funds shall be carried over in to the next year’s program funding total. D. When the unencumbered funding balance within the Initial Operational Allocation reaches an amount equal to approximately one month of maximum program rental expenses (or not to exceed $80,000), CRHA shall request and the City shall immediately disperse, from the funds appropriated to CSRAP in the City’s Capital Improvement Program an additional amount equal to approximately three months of maximum rental expenses (or not to exceed $240,000) to CRHA to provide ongoing support for the program. In so doing, at all times during the term of the CSRAP, CRHA will maintain an unencumbered program Operational Allocation balance of no less than $80,000 and no more than $240,000. E. CRHA may retain a portion of the program funding to be used for administration of the program. Administrative costs shall be equal to 7.5% of the annual program funding allocated by the City, or direct costs of administering the program if those costs exceed 7.5%. CRHA shall request and the City shall disperse an amount equal to one-fourth of administrative costs submitted with the rental expenses identified in paragraph (D) above, or on a quarterly basis. Administrative costs shall also be included in the Quarterly Report. F. Initial Reporting Requirements: (i) Upon determining that a Household is eligible to participate in the CSRA Program, CRHA shall transmit make available to the City’s Housing Program Coordinator the following: (a) A copy of the Household’s rental assistance subsidy agreement, lease approval form, rent portions notice, rental unit information (including address and monthly rent), unit inspection report, and Household information (including income, size, composition), and (b) A copy of an invoice or other statement of rent from the Household’s landlord, identifying the monthly rental amount for that Household, at time of initial lease-up. G. Ongoing Reporting Requirements. (i) 30 days following the end of each calendar year quarter (specifically: on October 31, January 31, April 30, and July 31 each calendar year), Page 69 of 81 City of Charlottesville- Charlottesville Affordable Housing Fund (CAHF) Charlottesville Supplemental Rental Assistance Program (CSRAP)- City Account P-0952 the CRHA will submit to the City of Charlottesville, an itemized Quarterly Report, listing each recipient Household participating in the CSRA Program as of the date of such Report, and specifying the amount of monthly rent required for each Household (both household rent portion and rental assistance amount) for the calendar year quarter next succeeding the date of the Quarterly Report. Each such Quarterly Report shall add up each of the amounts required for the CSRA Program for the upcoming quarter, and shall give a total amount necessary to satisfy the Program commitments for that upcoming calendar year quarter. H. Each itemized Quarterly Report referenced in Paragraph (G)(i), above, shall be accompanied by the following information (in addition to the information required by paragraph (D), above) and this information shall be presented in an Excel Spreadsheet or other format mutually acceptable to both CRHA and the City’s Housing Program Coordinator. Each Quarterly Report shall provide program and household statistics, including but not necessarily limited to: • Date voucher issued • Date voucher extended (if applicable) • Date unit leased • Name (head of household) • Unit Address • Total Monthly Rent • Amount of Monthly Rental Assistance Provided • Household Income  %AMI • Employment Status • Number of Wage Earners • Household Composition  Number of Adults  Number of Children  Number of Children Under 5-years  Number of Elderly (65 years+)  Number of Disabled  Race/Ethnicity • Compliance with admissions preference priorities as defined in Section IV.B. • Administrative costs (i) Following the Initial Operational Allocation, no funds will be released to CRHA, unless and until all required reporting pursuant to Section (E), Section (F) and Section (G) have been properly completed and submitted to the Housing Program Coordinator. (ii) The Housing Program Coordinator shall have 14 days from the date of report submittal to review and certify to CRHA that the reports provided Page 70 of 81 City of Charlottesville- Charlottesville Affordable Housing Fund (CAHF) Charlottesville Supplemental Rental Assistance Program (CSRAP)- City Account P-0952 meet the CSRAP reporting standards defined in Section (E), Section (F), & Section (G) above. After 14 days following report submittal (unless otherwise notified), CRHA and the Housing Program Coordinator will consider all reports submitted to be complete, proper and certified. (iii) All reports shall be submitted to the City of Charlottesville’s Housing Program Coordinator. OFFERED BY: City of Charlottesville By: _____________________________ Date: ___________________________ ACCEPTED BY: Charlottesville Redevelopment and Housing Authority By: _____________________________ Date: ____________________________ Page 71 of 81 CITY OF CHARLOTTESVILLE, VIRGINIA. CITY COUNCIL AGENDA Agenda Date: June 15, 2020 Action Required: Resolution Staff Contacts: Dr. Tarron Richardson, City Manager John Sales, Housing Program Coordinator Brenda Kelley, Redevelopment Manager Hollie Lee, Chief of Workforce Development Strategies Chris Engel, Director of Economic Development Presenter: John Sales, Housing Program Coordinator Title: Allocation of FY20 Charlottesville Affordable Housing Funds Background: Currently, the City utilizes an annual competitive selective process in awarding Charlottesville Affordable Housing Fund (CAHF) monies. The City Council approved $1,370,000 for CAHF funding through the FY 2020 CIP budget and City Council year end appropriation. Before the COVID-19 pandemic a Notice of Funding Availability (NOFA) was issued but shortly after the pandemic began the NOFA was suspended. After the Governor issued a stay at home order, thousands of individuals in our community lost their employment which directly affects their living, including their ability to make rent and mortgage payments. In addition, the community has seen an increase in individuals that were previously incarcerated in a correctional facility released back into the community due to COVID-19. City staff clearly heard City Council concerns about assisting the community with immediate needs and prepared recommendations as to how to use existing CAHF funds to more immediately address basic quality of life needs in our community, especially addressing housing needs. These recommendations were provided to the HAC. Below you will locate the recommendations from City staff and the Housing Advisory Committee (HAC). Discussion: Staff proposes the creation and implementation of four (4) programs utilizing CAHF funding in response to immediate community needs due to the COVID-19 pandemic. Summaries of the proposals are as follows: Page 72 of 81 Program: Short-Term Homeless Rental Assistance Program (ST-HRAP) Administrator: Economic Development Department CAHF Request: $264,000 Cap of Assistance: $9,000 The ST-HRAP is a citywide grant program that provides limited housing assistance (up to 6 months) to households residing in the City that are experiencing homelessness. The program goal is to reduce the number of households at risk of contracting COVID-19 due to their inability to social distance and follow CDC guidelines on hygiene. The funding is provided as a grant with no repayment required. The household must be income qualified. After 6 months the assistance may continue if funding is still available. Assistance will be provided to approximately 27 households with an average not to exceed $1,500 per household per month. Assistance is only provided for rental payments. ST-HRAP can only be used on hotels, apartments, condominiums, townhouses, duplexes, group homes, accessory dwelling units, and single-family detached homes. The administrator of the program must submit a monthly report identifying the funding spent, family size served and AMI level. The administrator will create an application and market the program. All individuals will be required to participate in the supportive services offered such as Bank On, Downtown Job Center, etc. Program: Short-Term Re-Entry Housing Assistance Program (ST-RHAP) Administrator: Economic Development Department CAHF Request: $264,000 Cap of Assistance: $9,000 The ST-RHAP program is a citywide grant program that provides limited housing assistance (up to 6 months) to individuals that were recently released from a correctional institution due to COVID-19. The program goal is to reduce the number of households at risk of contracting COVID-19 due to their inability to social distance and follow CDC guidelines on hygiene. The funding is provided as a grant with no repayment required. After 6 months the assistance may continue if funding is still available. Assistance will be provided to approximately 27 individuals with an average not to exceed $1,500 per individual per month. Assistance is only provided for rental payments. ST-RHAP can only be used on apartments, condominiums, townhouses, duplexes, group homes, accessory dwelling units, and single-family detached homes. ST-RHAP may also be used to pay for up to (2) months for an individual to live in a hotel, motel or extended stay. The administrator of the program must submit a monthly report identifying the funding spent, family size served and AMI level. The administrator will create an application and market the program. If the individual is reincarcerated for longer than (1) month the administrator will begin looking for a new individual to take over the unit. The landlord will be provided with up to (2) months of rental assistance if the tenant is reincarcerated. All individuals will be required to participate in the supportive services offered such as Bank On, Downtown Job Center, etc. Page 73 of 81 Program: Short-Term Landlord Rental Assistance Program (ST-LRAP) Administrator: Economic Development Department CAHF Request: $264,000 CAHF Cost/Unit: $4,500 The ST-LRAP program is a citywide forgivable loan program that provides limited housing assistance (up to 3 months) to landlords who have rental tenants that reside in the City and are at risk of experiencing homelessness due to nonpayment of rent as a result of the COVID-19 pandemic. Landlords that are awarded funding will be required to forgive all late fees that have accrued since the Local Emergency Declaration and allow the household to stay in their unit. The program is designed to reduce household displacement due to the COVID-19 pandemic. The funding is provided as a loan that is forgiven if the landlord does not evict the family during the program plus allows a one-month grace period after the program ends. If the landlord evicts the household before the grace period ends all funding the landlord has received becomes due in full with 3% interest. The landlord may apply to receive assistance for units that have unpaid rent and no payment plan in place. Assistance will be provided to approximately 54 households with a cap of $1,500 per household per month. Assistance is only provided for rental payments. ST- LARP can only be used on apartments, condominiums, townhouses, duplexes, accessory dwelling units and single-family detached homes. The administrator of the program must submit a monthly report identifying the funding spent, family size served and AMI level. The administrator will create an application and market the program. Households that are receiving other forms of housing assistance are eligible for ST-LRAP. All individuals will be encouraged to participate in the supportive services offered such as Bank On, Downtown Job Center, etc. Program: Short-Term Homeowner Mortgage Assistance Program (ST-HMAP) Administrator: Reviewing Options CAHF Request: $363,000 CAHF Cost/Unit: $6,300 The ST-HMAP is a citywide loan program that provides limited housing assistance (3 months with the possibility to renew for 3 additional months) to homeowners that reside in the City and who are at risk of losing their homes due to nonpayment of mortgage as a result of the COVID- 19 pandemic. The program goal is to reduce displacement as a result of the COVID-19 pandemic. Assistance will be provided to approximately 27 families with a cap of up to $2,100 per household per month. The funds are provided as a deferred loan with a 60-month loan term with no set minimum payment, if the property transfers during the 60-month loan term the funds becomes due immediately. If the property is transferred through a non-sale and the individual cannot afford to pay the loan off, then it will continue to be deferred. The loan can be renewed for an additional 60-month term if the household can prove financial hardship. A flat 10% service fee is calculated up front when the funds are provided will be added to all funds provided upon repayment. After 3 months, the assistance may continue if funding is still available. A Deed of Trust (DOT) is recorded, and a Promissory Note is executed to secure the loan. The City Attorney’s office will draft the DOT and Promissory Note and the City will hold the DOT and Promissory Note. Assistance is only provided for mortgage payments and homeowners insurance. The administrator will be responsible with completing loan closing and collecting loan payments. The administrator of the program must submit a monthly report identifying the Page 74 of 81 funding spent, family size served and AMI level. The administrator will create an application and market the program. Upon repayment of the loan it is the homeowner’s responsibility to get the certificate of satisfaction recorded. All individuals will be encouraged to participate in the supportive services offered such as Bank On, Downtown Job Center, etc. Community Engagement: The HAC met in a virtual public meeting on May 26, 2020 to examine the program proposals. HAC did recommend a revision to the Short-Term HMAP program to provide for the loan funds be due and payable at the end of the mortgage term, which could be 30-years. Staff does not concur with this revision because it defers all repayments when some of the community will rebound faster and will be able to pay off the loan. I believe the loans should all have a set loan term but have the flexibility to extend the loan terms as needed. The HAC approved all 4 programs with the suggested amendment to the Short- Term HMAP. Alignment with City Council Vision and Strategic Plan: All of the proposed programs align with City Council Vision “Quality Housing Opportunities for All”. All of the programs also align with Goal 1.3 of the Strategic Plan “Increase affordable housing options”. Budgetary Impact: The total amount of project funding requests equals $1,155,000. There is currently $1,370,000 in previously unappropriated funding in the Charlottesville Affordable Housing Fund that is available for allocation in FY20. Approval of any of the four (4) program proposals presented above will significantly impact CAHF and the City’s ability to fund further projects throughout FY20 and FY21. The staff recommendation below would nearly exhaust the remaining available CAHF funding, resulting in minimal means of funding any new projects that may come before City Council until additional dollars are appropriated to the Charlottesville Affordable Housing Fund. Recommendations: City staff and HAC recommend the following: 1. Fully fund the ST-HRAP, ST-RHAP, ST-LRAP and ST-HMAP programs in the amount of $1,155,000. Funding the programs at $1,155,000 will allow funds to move based upon the demand for the programs which will help respond to the community’s needs. The HAC recommends the following allocations: Page 75 of 81 1. HAC supports an amendment to the ST-HMAP proposal. The HAC supported adding the three (3) deferred loan payments to the end of the homeowner’s mortgage. 2. The HAC also recommended being prepared to utilize other funding sources to fund the programs in the future if other sources become available. The HAC understands the need to create the programs to help the community get through this tough time but they would like to also be prepared to act on potential development opportunities that arise throughout the year. Alternatives: Council could decide to not fund any of the proposed programs, or to provide the proposed programs with a different level of funding. The City Council may also choose to not fund the projects as grants but as zero interest loans with repayment terms to be determined with each approved program. Attachments: Table 1: CAHF Funding Proposed Programs Resolution for COVID-19 Housing Programs Page 76 of 81 CAHF Balance: $1,370,000 Proposed Expenditure: $1,155,000 Reserve: $215,000 Housing Programs in Response to COVID-19 PROGRAM Short Term Homeless Rental Short Term Re-Entry Housing Short Term Landlord Rental Short Term Homeowner Mortgage Assistance Program (ST-HRAP) Assistance Program (ST-RHAP) Assistance Program (ST-LRAP) Assistance Program (ST-HMAP) AUTHORITY City Charter, §50.7 City Charter, §50.7 City Charter, §50.7 City Charter, §50.7 PROGRAM The ST-HRAP program is a The ST-RHAP program is a The ST-LRAP program is a citywide The ST-HMAP is a citywide loan DESCRIPTION citywide grant program that citywide grant program that forgivable loan program that program that provides limited provides limited housing provides limited housing provides limited housing assistance housing assistance (3 months with assistance (up to 6 months) to assistance (up to 6 months) to (up to 3 months) to landlords who the possibility to renew for 3 households residing in the City individuals that were recently have rental tenants that reside in the additional months) to homeowners that are experiencing released from a correctional City and are at risk of experiencing that reside in the City who are at homelessness. The program institution due to COVID-19. homelessness due to nonpayment of risk of losing their homes due to goal is to reduce the number The program goal is to reduce rent as a result of the COVID-19 nonpayment of mortgage as a result of households at risk of the number of households at pandemic. Landlords that are of the COVID-19 pandemic. The contracting COVID-19 due to risk of contracting COVID-19 due awarded funding will be required to program goal is to reduce their inability to social to their inability to social forgive all late fees that have accrued displacement as a result of the distance and follow CDC distance and follow CDC since the Local Emergency COVID-19 pandemic. guidelines on hygiene. guidelines on hygiene. Declaration and allow the household to stay in their unit. The program is designed to reduce household displacement due to the COVID-19 pandemic. FUNDING $264,000 includes 10% $264,000 includes 10% funding $264,000 includes 10% funding for $363,000 includes $48,000 in ALLOCATION funding for administration of for administration of the administration of the program. funding for administration of the the program. program. - $240,000 to fund the program program. - $240,000 to fund the - $240,000 to fund the - $24,000 administrative cost (*if - $315,000 to fund the program program program not administered by the City) - $48,000 administrative cost (*if Page 77 of 81 - $24,000 administrative - $24,000 administrative cost not administered by the City) cost (*if not administered (*if not administered by by the City) the City) WHO The City would look into The City would look into The City would look into The City would look into ADMINSTERS administering the program “in- administering the program “in- administering the program “in- administering the program “in- house”. If a non-profit house”. If a non-profit house”. If a non-profit administers house”. If a non-profit administers administers the program, administers the program, quotes the program, quotes would need to the program, quotes would need to quotes would need to be would need to be solicited be solicited through a small-purchase be solicited through a small- solicited through a small- through a small-purchase procurement procedure, so the non- purchase procurement procedure, purchase procurement procurement procedure, so the profit(s) would be selected through a so the non-profit(s) would be procedure, so the non-profit(s) non-profit(s) would be selected competitive process. selected through a competitive would be selected through a through a competitive process. A contract for administration would process. competitive process. A contract for administration be procured through a simple quote A contract for administration would A contract for administration would be procured through a procedure; we would be looking for be procured through a simple quote would be procured through a simple quote procedure; we a nonprofit that already has procedure; we would be looking for simple quote procedure; we would be looking for a nonprofit experience administering a similar a nonprofit that already has would be looking for a that already has experience program. experience administering a similar nonprofit that already has administering a similar program. program. experience administering a similar program. WHO IT BENEFITS Homeless households who are Individual’s re-entering society Ultimately the program will benefit Households at 0-80% AMI who can 0-50% AMI. upon release from a correctional households at 0-80% AMI who are at demonstrate a financial hardship. institution. risk of becoming homeless. TERM OF 6 Months with the possibility 6 Months with the possibility to Each household that receive 3 Months with the possibility to PROGRAM to renew if funding is renew if funding is available. assistance is eligible to receive renew if funding is available. available. assistance for up to 3 months. A landlord may re-apply after the initial 3-month period ends depending on circumstances and availability of funding. Page 78 of 81 GRANT OR LOAN The funding is provided as a The funding is provided as a The funding is provided as a loan The funds are provided as a grant with no repayment grant with no repayment that is forgiven if the landlord does deferred loan with a 60-month loan required. The household must required. not evict the family during the term with no set minimum be income qualified. program plus a one-month grace payment, if the property transfers period after the program ends. If the during the 60-month loan term the landlord evicts the household before funds becomes due immediately. If the grace period ends all funding the the property is transferred through landlord has received becomes due a non-sale and the individual cannot in full with 3% interest. afford to pay the loan off, then it will continue to be deferred. The loan can be renewed for an additional 60 month if the family can prove financial hardship. A flat 10% service fee is calculated up front when the funds are provided will be added to all funds provided upon repayment. NOTES After 6 months the assistance After 6 months the assistance The landlord may apply to receive After 3 months the assistance may may continue if funding is still may continue if funding is still assistance for units that have unpaid continue if funding is still available. available. Assistance will be available. Assistance will be rent and no payment plan in place. A Deed of Trust (DOT) is recorded, provided to approximately 27 provided to approximately 27 Assistance will be provided to and a Promissory Note is executed households with an average individuals with an average not approximately 54 households with a to secure the loan. Assistance will not to exceed $1,500 per to exceed $1,500 per individual cap of $1,500 per household per be provided to approximately 27 household per month. per month. Assistance is only month. Assistance is only provided families with a cap of up to $2,100 Assistance is only provided for provided for rental payments. for rental payments. ST-LARP can per household per month. The City rental payments. ST-HRAP can ST-RHAP can only be used on only be used on apartments, will hold the DOT and Promissory only be used on hotels, apartments, condominiums, condominiums, townhouses, Note. Assistance is only provided for apartments, condominiums, townhouses, duplexes, group duplexes, accessory dwelling units mortgage payments and townhouses, duplexes, group homes, accessory dwelling units, and single-family detached homes. homeowners insurance. The homes, accessory dwelling and single-family detached The administrator of the program administrator will be responsible Page 79 of 81 units, and single-family homes. ST-RHAP can be used to must submit a monthly report with completing loan closing and detached homes. The pay for up to (2) months for an identifying the funding spent, family collecting loan payments, while the administrator of the program individual to live in a hotel, size served and AMI level. The City Attorney’s office will draft the must submit a monthly report motel or extended stay. The administrator will create an DOT and Promissory Note. The identifying the funding spent, administrator of the program application and market the program. administrator of the program must family size served and AMI must submit a monthly report Households that are receiving other submit a monthly report identifying level. The administrator will identifying the funding spent, forms of housing assistance are the funding spent, family size served create an application and family size served and AMI level. eligible for ST-LRAP. All individuals and AMI level. The administrator market the program. All The administrator will create an will be encouraged to participate in will create an application and individuals will be required to application and market the the supportive services offered such market the program. Upon participate in the supportive program. If the individual is as Bank On, Downtown Job Center repayment of the loan it is the services offered such as Bank reincarcerated for longer than and etc. homeowner’s responsibility to get On, Downtown Job Center and (1) month the administrator will the certificate of satisfaction etc. begin looking for a new recorded. All individuals will be individual to take over the unit. encouraged to participate in the The landlord will be provided supportive services offered such as with up to (2) months of rental Bank On, Downtown Job Center and assistance if the tenant is etc. reincarcerated. All individuals will be required to participate in the supportive services offered such as Bank On, Downtown Job Center and etc. *Funds may be moved between the different programs depending on the demand. * Page 80 of 81 RESOLUTION Allocation of Charlottesville Affordable Housing Fund (CAHF) for programs in response to the COVID-19 pandemic. $1,155,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $1,155,000 be allocated from previously appropriated funds in the Charlottesville Affordable Housing Fund (CAHF) for the creation and implementation of four (4) programs utilizing CAHF funding in response to immediate community needs due to the COVID-19 pandemic. Fund: 426 Project: CP-084 G/L Account: 530670 Short-Term Homeless Rental Assistance Program (ST-HRAP) $264,000 Short-Term Re-Entry Housing Assistance Program (ST-RHAP) $264,000 Short-Term Landlord Rental Assistance Program (ST-LRAP) $264,000 Short-Term Homeowner Mortgage Assistance Program (ST-HMAP) $363,000 Page 81 of 81