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CC SR 20200602 05 - Small Business Finance Assistance Update CITY COUNCIL MEETING DATE: 06/02/2020 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action receive a status report on City’s Small Business Financial Assistance Plan in response to COVID-19. RECOMMENDED COUNCIL ACTION: (1) Receive and file a status report on the City’s Small Business Financial Assistance Plan; (2) Approve modifying the Business License Tax Refund Program to include all 189 businesses categorized as “in-City businesses” and provide automatic refunds without requiring an application; and (3) Provide Staff with direction on the proposed requirements for the Community Development Block Grant Small Business Stimulus Program. FISCAL IMPACT: Reduction of business license tax revenue for amount not to exceed $65,000. Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Vina Ramos, Interim Deputy Director of Finance REVIEWED BY: Trang Nguyen, Director of Finance APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Program Requirements (page A-1) BACKGROUND AND DISCUSSION: On April 7, 2020, the City Council unanimously approved the Small Business Financial Assistance Plan to provide financial assistance to City-defined small businesses that are financially affected by the COVID-19 pandemic. Based on the City Council’s direction, this report is to provide a status update of the approved assistance p lan which encompasses a one-time refund of the 2020 business license tax and a Community Development Block Grant (CDBG) Stimulus Program. 1 2020 Business License Tax Refund The first component of the plan is a one-time refund of the 2020 business license tax paid by the City’s small businesses that provide retail, food and other similar services to the community from a physical (“brick-and-mortar”) location in the City. The required gross (sales) receipts must be less than $1.5 million in 2019. Since the City Council’s approval of the plan, Staff posted the information on the City’s website, the daily COVID-19 updates, the City Manager’s Weekly Administrative Report, and sent the information through the City’s Breaking News listserv. As of May 21, 2020, the program updates are as follows:  Received 16 requests.  Issued just over $2,000 in refunds for six eligible businesses – two gyms, two restaurants, retail shop, and salons.  Denied three businesses that are not eligible because they are located in Rolling Hills Estates and Palos Verdes Estates.  Denied seven businesses that are not eligible. The businesses did not meet the brick-and-mortar requirement. The requests were from the owners of a business office and independent contractors for a business within the City. As reported at the April 7 City Council meeting, there are approximately 189 businesses in the City that may meet these criteria, with an overall potential fiscal impact of approximately $65,000 in potential business license tax refunds. Staff believes that the low turnout of the program is due to the current closures of the businesses and that eligible businesses may not be informed of the program. Additionally, some of the businesses categorized as “in-City business” may not be eligible due to the criteria of providing retail, food and other similar services to the community from a “brick -and- mortar” location in the City. For example, although the seven businesses denied refunds are located within the City, they were deemed ineligible since they are not in the category of retail, food, or similar services that are open to the public. In an effort to support the City’s small businesses impacted by COVID-19, Staff requests the City Council consider modifying the program to include all 189 businesses categorized as “in-City businesses” to receive the one-time business license tax refund. The modified approach would encompass a larger group of in-City small businesses. Additionally, due to the challenges of reaching out to closed businesses, Staff would like to propose issuing refunds automatically to all “in-City businesses” instead of waiting for applications to be completed. With these two proposed modifications, the potential fiscal impact remains the same at approximately $65,000 Community Development Block Grant (CDBG) Stimulus Program The second component of the Council-approved plan is the Community Development Block Grant (CDBG) Stimulus Program authorizing the use of $86,499 of CDBG-CV 2 Coronavirus Aid, Relief, and Economic Security (CARES) Act funding and $30,000 of unallocated CDBG funds. Based on City Council direction, the program would provide assistance in the form of low-interest or interest-free loans, lower the minimum loan amount to maximize the number of available loans, and have the City subsidize any administrative costs related to the loans. Since the approval of the program, Staff has been working with the City’s CDBG consultants to obtain program guidelines and provisions set by the U.S. Department of Housing and Urban Development. In order to formally use CDBG funding, the City must develop program and eligibility requirements and submit the plan to CDBG for final review and approval. Once the plan is approved, the City can move forward with implementing the program. Staff’s goal is to simplify the process while meeting CDBG requirements. Based on Staff research and incorporating City Council direction and guidance from the City’s CDBG consultants, the main points of the preliminary program requirements (Attachment A) are the following:  A small business is defined as a “brick-and-mortar” business located within the geographic boundaries of the City of Rancho Palos Verdes that generated less than $1.5 million in 2019 gross receipts.  Eligible small businesses are deemed non-essential under Governor Newsom’s Executive Order N-33-20 dated March 19, 2020.  Loans are interest-free and/or forgivable.  Loans are for small businesses that are negatively impacted by COVID- 19.  Loans are for short-term working capital for operating expenses to retain jobs and support service delivery.  For microenterprises business with five or fewer employees, loan amounts are up to $15,000.  For small businesses with six or more employees, loan amounts are up to $25,000.  Loan repayment is deferred for the first 12 months unless the Council desires to make the loan forgivable. Staff seeks City Council direction regarding the preliminary program requirements described above. Once approved, Staff will work with CDBG to obtain approval for the plan and post a required public notice on how the funds will be utilized. CONCLUSION: Staff recommends that the City Council receive and file a status report on the City’s Small Business Financial Assistance Plan; approve modifications to the Business License Tax Refund Program; and provide direction on the proposed requirements for the CDBG Small Business Stimulus Program. 3 ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Direct Staff to suspend all or a specific component of the City’s Small Business Financial Assistance Plan in response to COVID-19. 2. Take other action as deemed appropriate. 4 Microenterprise and Small Business Loans Community Development Block Grant (CDBG-CV) Cares Act June 2, 2020 Program Use Example Qualifying Business Expenses Funding Amount Loan/Forgivable Loan Basic Qualifications Assistance to Microenterprises - 5 employees or less 105(a)(22)(42 U.S.C. 5305 (a)(22)); 24 CFR 570.201(o) Provide loans to stabilize microenterprises with 5 or less employees negatively impacted by COVID-19 Loan may be used for payroll, lease/mortgage interest, utilities, or necessary supplies or equipment Up to $15,000 Zero-interest Loan (forgivable after 1 year if criteria is met) 1) Applicant operates out of a physical commercial storefront (“brick and mortar”) within the City limits of Rancho Palos Verdes. 2) Applicant is able to demonstrate financial loss in business operations due to COVID-19 in 2020 year-to-date compared to 2019. 3) Forgivable Loan – After 1 Year if the following criteria is met: A) Applicant must provide receipts showing loan was used for qualifying business expense B) Applicant must report business status:  Open or Closed in the City of Rancho Palos Verdes  If Closed, show closure was due to COVID-19 Pandemic Assistance to Small Businesses - 6 or more employees. 105(a)(17)(42 U.S.C. 5305(a)(17)); 24 CFR 570.203(b) Provide loans to stabilize businesses with 6 or more employees negatively impacted by COVID-19 Loan may be used for payroll, lease/mortgage interest, utilities, or necessary supplies or equipment Up to $25,000 Zero-interest Loan (forgivable after 1 year if criteria is met) A-1 CITY OF RANCHO PALOS VERDES SMALL BUSINESS FINANCIAL ASSISTANCE PROGRAM GRANT APPLICATION RPV 20200512 1 INTRODUCTION To mitigate the impact of COVID-19 on Rancho Palos Verdes small businesses and their employees, the City of Rancho Palos Verdes has approximately $116,000 in one-time Community Development Block Grant (CDBG) Funds to create a Small Business Financial Assistance Loan Program. The objective of this program is to offer relief from economic distress and promote general welfare by providing immediate financial assistance to the small business community within the City of Rancho Palos Verdes. OVERVIEW  Small business is defined as “brick and mortar” business located within the geographic boundaries of the City of Rancho Palos Verdes that generated less than $1.5 million in 2019 gross receipts.  Loans of up to $25,000 for qualified small businesses of 6 employees or more that has been deemed non-essential under the Governor of California’s Executive Order N-33-20 dated March 19, 2020.  Loans of up to $15,000 for qualified microenterprises of 5 employees or less that has been deemed non-essential under the Governor of California’s Executive Order N-33-20 dated March 19, 2020.  Loan funds may be only used to cover the following items: payroll, lease/mortgage payment, utilities, or necessary supplies and/or equipment.  Loans may be forgiven after 1 year if the applicant met the following criteria. a. Applicant must submit a written request for loan forgiveness b. Applicant must provide receipts showing loan was used for qualifying business expense i. Payroll ii. Lease/mortgage payment iii. Utilities iv. Supplies and/or equipment c. Applicant must report current business status: i. Open or Closed in the City of Rancho Palos Verdes ii. If Closed, show closure was due to COVID-19 Pandemic  Loans will be awarded on a first-come, first-serve basis for qualified applicants.  Loan repayment is deferred for 12 months, from the date the fund was received by the applicant. A-2 CITY OF RANCHO PALOS VERDES SMALL BUSINESS FINANCIAL ASSISTANCE PROGRAM GRANT APPLICATION RPV 20200512 2 ELIGIBILITY Please carefully review the eligibility requirements below. 1. To qualify for a Small Business Financial Assistance Loan up to $25,000 the applicant must have 6 employees or more. 2. To qualify for a Microenterprise Financial Assistance Loan of up to $15,000 the applicant must have 5 employees or less. 3. Applicants must operate out of a physical commercial storefront (“brick and mortar”) within the geographic boundaries of the City of Rancho Palos Verdes. 4. Applicants must have been in operation in the City of Rancho Palos Verdes for at least one year as of March 1, 2020. 5. Applicants must verify the business has experienced a loss of income due to COVID-19. 6. Applicants must submit a current copy of its W-9 form. 7. Applicants must have an active City of Rancho Palos Verdes Business License. A-3