Record No: CB 119860    Version: Council Bill No: CB 119860
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 8/12/2020
Ordinance No: Ord 126149
Title: AN ORDINANCE amending Ordinance 126000, which adopted the 2020 Budget; and amending the ordinance introduced as Council Bill 119812, relating to appropriations from the Emergency Fund for public assistance during the COVID-19 civil emergency; and making appropriations from the Revenue Stabilization Fund for public assistance during the civil emergency; all by a 3/4 vote of the City Council.
Sponsors: Teresa Mosqueda
Supporting documents: 1. Summary and Fiscal Note, 2. Proposed Substitute (added; 8/12/20), 3. Signed Ordinance 126149, 4. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE amending Ordinance 126000, which adopted the 2020 Budget; and amending the ordinance introduced as Council Bill 119812, relating to appropriations from the Emergency Fund for public assistance during the COVID-19 civil emergency; and making appropriations from the Revenue Stabilization Fund for public assistance during the civil emergency; all by a 3/4 vote of the City Council.

body

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 2 of the ordinance introduced as Council Bill 119812 is amended as follows:

 ((In order to pay for expenses and obligations to address the economic impacts caused by the COVID-19 epidemic that could not have been anticipated at the time of making the 2020 Budget, appropriations for the following items in the 2020 Budget are increased from the funds shown, as follows:

Item

Department

Fund

Budget Summary Level/BCL Code

Amount

2.1

Executive (Office of Economic Development)

Emergency Fund (10102)

Business Services (BO-ED-X1D00)

 $14,448,000

2.2

Department of Education and Early Learning

Revenue Stabilization Fund (00166)

Early Learning (BO-EE-IL100)

 $3,612,000

2.3

Human Services Department

Emergency Fund (10102)

Addressing Homelessness (BO-HS-H3000)

 $32,643,800

2.4

Executive (Office of Housing)

Emergency Fund (10102)

Homeownership & Sustainability (BO-HU-2000)

$1,708,200

2.5

Executive (Office of Housing)

Revenue Stabilization Fund (00166)

Multifamily Housing (BO-HU-3000)

$1,721,600 

2.6

Executive (Office of Immigrant and Refugee Affairs)

Emergency Fund (10102)

Office of Immigrant and Refugee Affairs (BO-IA-X1N00)

 $18,100,000

2.7

Executive (Office of Sustainability & Environment)

Revenue Stabilization Fund (00166)

Office of Sustainability and Environment (BO-SE-X1000)

 $13,545,000

Grand Total

$85,778,600  

))

In order to pay for expenses and obligations to eliminate or lessen the immediate threats to lives, public health, and safety resulting from the COVID-19 epidemic and to address the economic impacts caused by the COVID-19 epidemic that could not have been anticipated at the time of making the 2020 Budget, appropriations for the following items in the 2020 Budget are increased from the funds shown, as follows:

Item

Department

Fund

Budget Summary Level/BCL Code

Amount

2.1

Executive (Office of Economic Development)

Emergency Fund (10102)

Business Services (BO-ED-X1D00)

 $9,546,217

2.2

Department of Education and Early Learning

Emergency Fund (10102)

Early Learning (BO-EE-IL100)

 $2,385,600

2.3

Human Services Department

Emergency Fund (10102)

Addressing Homelessness (BO-HS-H3000)

 $21,560,091

2.4

Executive (Office of Housing)

Emergency Fund (10102)

Homeownership & Sustainability (BO-HU-2000)

$714,623

2.5

Executive (Office of Housing)

Emergency Fund (10102)

Multifamily Housing (BO-HU-3000)

$1,550,640

2.6

Executive (Office of Immigrant and Refugee Affairs)

Emergency Fund (10102)

Office of Immigrant and Refugee Affairs (BO-IA-X1N00)

 $11,954,828

2.7

Executive (Office of Sustainability & Environment)

Emergency Fund (10102)

Office of Sustainability and Environment (BO-SE-X1000)

9,088,000

2.8

Finance and Administrative Services

Emergency Fund (10102)

Finance and Administrative Services (City Finance (BO-FA-CITYFINAN)

$200,000

Grand Total

$57,000,000 

Section 2. Section 4 of the ordinance introduced as Council Bill 119812 is amended as follows:

  ((The appropriations in Section 2 of this ordinance, amending the 2020 Adopted Budget, shall be subject to the following provisos:

A. Of the funding appropriated to the Office of Economic Development’s Business Services (BO-ED-X1D00) Budget Summary Level in the 2020 Adopted Budget, $14.45 million of the funds shall be used to address the economic hardship small business owners and their employees, and nonprofit organizations and their employees, experience due to loss of business income, grant funding reductions, layoffs and reduced work hours for a significant percentage of this workforce as a result of the COVID-19 crisis and may be used for no other purpose. Up to five percent of these funds may be used for expenditures incurred by the department to administer the investments. The Council intends that this funding will be allocated as follows:

1.                     $14.1 million to provide financial assistance to small business owners or operators and nonprofit organizations, with preference to brick and mortar small businesses, that would be used to reduce the economic hardship caused by COVID-19 crisis and assist small businesses and nonprofit organizations to comply with public health guidelines, thereby protecting the local economy by reducing the number of businesses or nonprofits that are permanently closed and jobs permanently lost due to the short- and long-term economic impacts caused by COVID-19.

2.                     $315,000 to provide training, referral services, and technical assistance to support businesses, including assistance in preparing applications for federal or state loans or grants that provide direct financial assistance to small businesses to prepare such businesses for the road to recovery.

3.                     The Council further intends that:

a.                     Up to $10,000 in financial assistance may be provided to any single eligible small business owner or nonprofit organization under this proviso.

b.                     Assistance should be prioritized for businesses and nonprofit organizations who commit to not reducing wages and benefits provided prior to the COVID-19 emergency, and for business and nonprofit organizations who have historically, or recently, been unable to access other forms of assistance through state or federal programs available to support businesses, including businesses owned by Black, Indigenous, and people of color and those with limited English proficiency, and businesses in the creative industry. Any awards to those in the creative industry should be made in partnership with advocates in the creative industry sphere. 

c.                     For purposes of this proviso, an eligible “small business” is defined as a business with 25 or fewer full time equivalent employees (FTEs) and an eligible “nonprofit organization” is a nonprofit with 25 or fewer FTEs that provides community services that protect or enhance the health, safety, environment, or general welfare of people who live or work in Seattle.

d.                     The Executive should develop eligibility criteria for small businesses who have been economically impacted by the COVID-19 crisis and for whom such assistance will provide economic benefits to the public by saving or creating jobs, moderating impacts to local tax revenue by supporting continue operations of small businesses and ensuring that businesses can modify operations as necessary to comply with public health guidance. Criteria should include consideration of equitably distributing financial assistance to small businesses and nonprofit organizations located in neighborhoods across Seattle. Further, businesses that have previously received financial assistance from the City’s Small Business Stabilization Fund are not eligible for additional assistance.

 

B. Of the funding appropriated to the Department of Education and Early Learning’s Early Learning (BO-EE-IL100) Budget Summary Level in the 2020 Adopted Budget, $3.61 million of the funds shall be used to address the economic hardship child care providers and their employees experience due to loss of income, layoffs and reduced work hours for a significant percentage of this workforce as a result of the COVID-19 crisis and may be used for no other purpose. Up to five percent of these funds may be used for expenditures incurred by the department to administer the investments. The Council intends that:

 

1. Up to $10,000 in financial assistance may be provided to (1) any single eligible family child care provider and (2) other licensed child care providers that adhere to labor laws and has a commitment to labor harmony, under this proviso.

 

2. Up to $500 in financial assistance may be provided to any single eligible family, friends, and neighbors (FFN) child care provider under this proviso.

 

3. Assistance should be prioritized for child care providers who commit to not reducing wages and benefits provided prior to the COVID-19 emergency, and for providers who have historically, or recently, been unable to access other forms of assistance through state or federal programs available to support businesses.

 

4. For purposes of this ordinance (1) family child care is generally defined as licensed child care for mixed-age children and youth (0-12 years) provided by individuals operating in residential homes; and (2) FFN child care is generally defined as an individual who is exempt from child care licensing requirements and provides in-home child care. FFN providers include grandparents, aunts and uncles, elders, older siblings, friends, neighbors, and others who help families by providing child care.

 

5. The Executive should develop eligibility criteria for child care providers who have been economically impacted by the COVID-19 crisis and for whom such assistance will provide economic benefits to the public by saving or creating jobs, providing essential child care services as people return to work, and ensuring that child care providers can modify operations as necessary to comply with public health guidance.

 

C. Of the funding appropriated to the Human Services Department’s Addressing Homelessness (BO-HS-H3000) Budget Summary Level in the 2020 Adopted Budget, $32.64 million of the funds shall be used to address housing insecurity by funding housing programs and services that support low-income households and people experiencing homelessness and may be used for no other purpose. Furthermore, none of the money so appropriated may be spent by the Department on congregate shelter. Up to five percent of these funds may be used for expenditures incurred by the department to administer the investments. The Council intends that the City will partner with CBOs that have a history of trust and success in reaching low-income communities and people experiencing homelessness, including experience reaching those who are traditionally marginalized or typically face barriers to enrolling in assistance programs, such as, but not limited to, language barriers, and other historically marginalized communities, to distribute the funds as follows:

1. $19.5 million for existing homelessness prevention programs, rental assistance that serve individuals and families such as the United Way of King County’s Home Base program and other programs to provide rental assistance; and

2. 10.8 million for shelter de-intensification activities and housing or shelter options for unsheltered homeless individuals and families in non-congregate settings, including costs for new tiny homes, acquiring or leasing hotels or motels or other buildings, or extending leases on such facilities. At least $3.6 million of this funding shall be used to establish four or five new or expanded tiny home village; and

3. 2.35 million to support the ongoing service and operation costs of shelter providers. Eligible service and operating costs can include, but are not limited to: personal protective equipment, overtime or premium pay for staff, food service, or cleaning supplies.

 

D. Of the funding appropriated to the Office of Housing’s Homeownership & Sustainability (BO-HU-2000) Budget Summary Level in the 2020 Adopted Budget, $1.1 million of the funds shall be used for mortgage counseling and foreclosure prevention programs, including costs for housing counselors, legal aid, service coordination, and direct financial assistance. The Council intends that the City will partner with CBOs that have a history of trust and success in reaching low-income communities, including experience reaching those who are traditionally marginalized or typically face barriers to enrolling in assistance programs, such as, but not limited to, language barriers, and other historically marginalized communities. Up to five percent of these funds may be used for expenditures incurred by the department to administer the investments.

E. Of the funding appropriated to the Office of Housing’s Multifamily Housing (BO-HU-3000) Budget Summary Level in the 2020 Adopted Budget, $2.35 million of the funds shall be used for programs that support the ongoing service and operation costs of nonprofit affordable housing providers. Eligible service and operating costs can include, but are not limited to: personal protective equipment, overtime or premium pay for staff, food service, or cleaning supplies. Up to five percent of these funds may be used for expenditures incurred by the department to administer the investments.

F. Of the funding appropriated to the Office of Immigrant and Refugee Affairs’ (BO-IA-X1N00) Budget Summary Level in the 2020 Adopted Budget, $17.05 million shall be for (1) direct financial assistance to Seattle’s low-income immigrant and refugee workers and households who have experienced the economic impacts caused by the COVID-19 crisis, and (2) to advise potential recipients of this temporary financial assistance to ensure it will not impact the recipients eligibility for, or result in loss of, any other income-tested benefits; and may be used for no other purpose. Furthermore, $1.05 million shall be for programs and services that provide language access support for low-income people who need help accessing and understanding federal, state and local assistance programs and may be spent for no other purpose. Up to 11 percent of these funds may be used for expenditures incurred by the department to administer the investments.  The Council intends the following:

1. Prior to the expenditure of any funds for direct financial assistance, the Executive will partner with CBOs who have a history of trust and success in reaching immigrant and refugee communities to provide such assistance, such as the organizations who worked with the City to distribute emergency grocery vouchers.

2  Assistance should include direct cash assistance, including pre-paid debit or credit cards, or other services to assist with basic living expenses. The maximum amount of financial assistance provided per individual will not exceed $1,000.

3. CBOs will determine the eligibility, including criteria to confirm income eligibility, prioritizing those who experience structural or institutional barriers to accessing support from the government (e.g. language barriers, risk of deportation), are ineligible for other federal or state emergency assistance, or are receiving such assistance in a limited or delayed manner that does not meet their needs, or those who have had or whose families have had adverse health impacts from COVID. Requests for documentation of eligibility should comply with Seattle Municipal Code Section 4.18.015, should not impose an unnecessary burden on those applying for assistance, and should not unnecessarily delay the approval and distribution process.

 

G. Of the funding appropriated to the Office of Sustainability and Environment’s Office of Sustainability and Environment (BO-SE-X1000) Budget Summary Level in the 2020 Adopted Budget, $13.6 million shall be used to continue and expand the Emergency Grocery Voucher program to allow more people participating in existing City programs to be served by this program and may be used for no other purpose. Existing City programs include, but are not limited to: Fresh Bucks, Utility Discount Program, Early Childhood Education and Assistance Program, Child Care Assistance Program, and the portion of the Seattle Preschool Program and the Pathway to Seattle Preschool Program that provide services to households that qualify for free tuition. Up to five percent of these funds may be used for expenditures incurred by the department or the CBOs to administer the investments.

The Council intends that vouchers will be made available for use at grocery stores participating in the existing Emergency Grocery Voucher program and expanded to include other community grocers and farmers markets. The Council intends that the Executive will work with CBOs that currently enroll people in the Fresh Bucks program to expand the use of vouchers by identifying culturally appropriate neighborhood grocers to participate in the voucher program.))

 

The appropriations in Section 1 of this ordinance, amending the 2020 Adopted Budget, shall be subject to the following provisos:

A. Of the funding appropriated to the Office of Economic Development’s Business Services (BO-ED-X1D00) Budget Summary Level in the 2020 Adopted Budget, $9.55 million of the funds shall be used to address the economic hardship small business owners and their employees, and nonprofit organizations and their employees, experience due to loss of business income, grant funding reductions, layoffs and reduced work hours for a significant percentage of this workforce as a result of the COVID-19 crisis and may be used for no other purpose. Up to 1.3 percent of these funds may be used for expenditures incurred by the department to administer the investments. The Council intends that this funding will be allocated as follows:

1. $9.3 million to provide financial assistance to small business owners or operators and nonprofit organizations, with preference to brick and mortar small businesses, that would be used to reduce the economic hardship caused by COVID-19 crisis and assist small businesses and nonprofit organizations to comply with public health guidelines, thereby protecting the local economy by reducing the number of businesses or nonprofits that are permanently closed and jobs permanently lost due to the short- and long-term economic impacts caused by COVID-19.

2. $211,000 to provide training, referral services, and technical assistance to support businesses, including assistance in preparing applications for federal or state loans or grants that provide direct financial assistance to small businesses to prepare such businesses for the road to recovery.

3. The Council further intends that:

a. Up to $10,000 in financial assistance may be provided to any single eligible small business owner or nonprofit organization under this proviso.

b. Assistance should be prioritized for businesses and nonprofit organizations who commit to not reducing wages and benefits provided prior to the COVID-19 emergency, and for business and nonprofit organizations who have historically, or recently, been unable to access other forms of assistance through state or federal programs available to support businesses, including businesses owned by Black, Indigenous, and people of color and those with limited English proficiency, and businesses in the creative industry. Any awards to those in the creative industry should be made in partnership with advocates in the creative industry sphere. 

c. For purposes of this proviso, an eligible “small business” is defined as a business with 25 or fewer full time equivalent employees (FTEs) and an eligible “nonprofit organization” is a nonprofit with 25 or fewer FTEs that provides community services that protect or enhance the health, safety, environment, or general welfare of people who live or work in Seattle.

d. The Executive should develop eligibility criteria for small businesses who have been economically impacted by the COVID-19 crisis and for whom such assistance will provide economic benefits to the public by saving or creating jobs, moderating impacts to local tax revenue by supporting continue operations of small businesses and ensuring that businesses can modify operations as necessary to comply with public health guidance. Criteria should include consideration of equitably distributing financial assistance to small businesses and nonprofit organizations located in neighborhoods across Seattle. Further, businesses that have previously received financial assistance from the City’s Small Business Stabilization Fund are not eligible for additional assistance.

 

B. Of the funding appropriated to the Department of Education and Early Learning’s Early Learning (BO-EE-IL100) Budget Summary Level in the 2020 Adopted Budget, $2.39 million of the funds shall be used to address the economic hardship child care providers and their employees experience due to loss of income, layoffs and reduced work hours for a significant percentage of this workforce as a result of the COVID-19 crisis and may be used for no other purpose. Up to 1.3 percent of these funds may be used for expenditures incurred by the department to administer the investments. The Council intends that:

 

1. Up to $10,000 in financial assistance may be provided to (1) any single eligible family child care provider and (2) other licensed child care providers that adhere to labor laws and has a commitment to labor harmony, under this proviso.

 

2. Up to $500 in financial assistance may be provided to any single eligible family, friends, and neighbors (FFN) child care provider under this proviso.

 

3. Assistance should be prioritized for child care providers who commit to not reducing wages and benefits provided prior to the COVID-19 emergency, and for providers who have historically, or recently, been unable to access other forms of assistance through state or federal programs available to support businesses.

 

4. For purposes of this ordinance (1) family child care is generally defined as licensed child care for mixed-age children and youth (0-12 years) provided by individuals operating in residential homes; and (2) FFN child care is generally defined as an individual who is exempt from child care licensing requirements and provides in-home child care. FFN providers include grandparents, aunts and uncles, elders, older siblings, friends, neighbors, and others who help families by providing child care.

 

5. The Executive should develop eligibility criteria for child care providers who have been economically impacted by the COVID-19 crisis and for whom such assistance will provide economic benefits to the public by saving or creating jobs, providing essential child care services as people return to work, and ensuring that child care providers can modify operations as necessary to comply with public health guidance.

 

C. Of the funding appropriated to the Human Services Department’s Addressing Homelessness (BO-HS-H3000) Budget Summary Level in the 2020 Adopted Budget, $21.56 million of the funds shall be used to address housing insecurity by funding housing programs and services that support low-income households and people experiencing homelessness and may be used for no other purpose. Furthermore, none of the money so appropriated may be spent by the Department on congregate shelter. Up to 1.3 percent of these funds may be used for expenditures incurred by the department to administer the investments. The Council intends that the City will partner with CBOs that have a history of trust and success in reaching low-income communities and people experiencing homelessness, including experience reaching those who are traditionally marginalized or typically face barriers to enrolling in assistance programs, such as, but not limited to, language barriers, and other historically marginalized communities, to distribute the funds as follows:

1. $20.01 million for existing homelessness prevention programs, rental assistance programs, rapid rehousing programs, and diversion programs, that serve individuals and families such as the United Way of King County’s Home Base program and other programs to provide rental assistance; and

2. 1.6 million to support the ongoing service and operation costs of shelter providers. Eligible service and operating costs can include, but are not limited to: personal protective equipment, overtime or premium pay for staff, food service, or cleaning supplies.

 

D. Of the funding appropriated to the Office of Housing’s Homeownership & Sustainability (BO-HU-2000) Budget Summary Level in the 2020 Adopted Budget, $0.7 million of the funds shall be used for mortgage counseling and foreclosure prevention programs, including costs for housing counselors, legal aid, service coordination, and direct financial assistance. The Council intends that the City will partner with CBOs that have a history of trust and success in reaching low-income communities, including experience reaching those who are traditionally marginalized or typically face barriers to enrolling in assistance programs, such as, but not limited to, language barriers, and other historically marginalized communities. Up to 1.3 percent of these funds may be used for expenditures incurred by the department to administer the investments.

E. Of the funding appropriated to the Office of Housing’s Multifamily Housing (BO-HU-3000) Budget Summary Level in the 2020 Adopted Budget, $1.6 million of the funds shall be used for programs that support the ongoing service and operation costs of nonprofit affordable housing providers. Eligible service and operating costs can include, but are not limited to: personal protective equipment, overtime or premium pay for staff, food service, or cleaning supplies. Up to 1.3 percent of these funds may be used for expenditures incurred by the department to administer the investments.

F. Of the funding appropriated to the Office of Immigrant and Refugee Affairs’ (BO-IA-X1N00) Budget Summary Level in the 2020 Adopted Budget, $11.3 million shall be for (1) direct financial assistance to Seattle’s low-income immigrant and refugee workers and households who have experienced the economic impacts caused by the COVID-19 crisis, and (2) to advise potential recipients of this temporary financial assistance to ensure it will not impact the recipients eligibility for, or result in loss of, any other income-tested benefits; and may be used for no other purpose. Furthermore, $0.7 million shall be for programs and services that provide language access support for low-income people who need help accessing and understanding federal, state and local assistance programs and may be spent for no other purpose. Up to 7.3 percent of these funds may be used for expenditures incurred by the department to administer the investments.  The Council intends the following:

1. Prior to the expenditure of any funds for direct financial assistance, the Executive will partner with CBOs who have a history of trust and success in reaching immigrant and refugee communities to provide such assistance, such as the organizations who worked with the City to distribute emergency grocery vouchers.

2  Assistance should include direct cash assistance, including pre-paid debit or credit cards, or other services to assist with basic living expenses. The maximum amount of financial assistance provided per individual will not exceed $1,000.

3. CBOs will determine the eligibility, including criteria to confirm income eligibility, prioritizing those who experience structural or institutional barriers to accessing support from the government (e.g. language barriers, risk of deportation), are ineligible for other federal or state emergency assistance, or are receiving such assistance in a limited or delayed manner that does not meet their needs, or those who have had or whose families have had adverse health impacts from COVID. Requests for documentation of eligibility should comply with Seattle Municipal Code Section 4.18.015, should not impose an unnecessary burden on those applying for assistance, and should not unnecessarily delay the approval and distribution process.

 

G. Of the funding appropriated to the Office of Sustainability and Environment’s Office of Sustainability and Environment (BO-SE-X1000) Budget Summary Level in the 2020 Adopted Budget, $9.09 million shall be used to continue and expand the Emergency Grocery Voucher program to allow more people participating in existing City programs to be served by this program and may be used for no other purpose. Existing City programs include, but are not limited to: Fresh Bucks, Utility Discount Program, Early Childhood Education and Assistance Program, Child Care Assistance Program, and the portion of the Seattle Preschool Program and the Pathway to Seattle Preschool Program that provide services to households that qualify for free tuition. Up to 1.3 percent of these funds may be used for expenditures incurred by the department or the CBOs to administer the investments.

The Council intends that vouchers will be made available for use at grocery stores participating in the existing Emergency Grocery Voucher program and expanded to include other community grocers and farmers markets. The Council intends that the Executive will work with CBOs that currently enroll people in the Fresh Bucks program to expand the use of vouchers by identifying culturally appropriate neighborhood grocers to participate in the voucher program.

 

H. Of the funding appropriated to the Department of Finance and Administrative Services (FAS) City Finance (BO-FA-CITYFINAN) Budget Summary Level in the 2020 Adopted Budget, $200,000 shall be used to implement and administer the payroll tax authorized in Ordinance 126108. This will ensure that proceeds from the payroll tax are collected and available to extend funding in 2021 for the COVID relief programs and services described in this ordinance and to replenish the Emergency Fund and Revenue Stabilization Fund as described in the ordinance introduced as Council Bill 119812.

 

Section 3. This ordinance authorizes spending $57 million in 2020 to provide critical services and direct relief to low-income individuals, workers, and businesses impacted by the COVID-19 crisis. The Council acknowledges that the administration of this program will require  new contracts and systems to distribute these critical services and direct relief to the community may take time and could result in not expending the full $57 million in 2020. If the full amount is not expended in 2020, the Council is committed to working with the Executive to continue funding these critical COVID-19 relief programs in 2021 and to address newly identified 2020 revenue shortfalls.

 

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by a 3/4 vote of all the members of the City Council the ________ day of _________________________, 2020, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2020.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2020.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2020.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)