REPORT TO COUNCIL
SUBJECT
Title
Consider Approval of Fifth Substantial Amendment to the 2019/20 HUD Annual Action Plan to Allocate Remaining COVID-19 CARES Funds (CDBG-CV)
Report
SUMMARY OF COMMISSION ACTION
The Housing and Human Services Commission considered this item on July 23, 2025 (Report No. 25-0662). Attachment 1 is the report to the Housing and Human Services Commission.
The Housing and Human Services Commission voted to approve Alternative 1: Approve the Fifth Substantial Amendment to the FY 2019/20 Action Plan as shown in Attachment 3 of the staff report. The vote was 6-0, with Commissioner Davis absent. An excerpt of the draft commission minutes is provided in Attachment 4.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Approve the Fifth Substantial Amendment to the FY 2019/20 Action Plan as shown in Attachment 3 of the report.
2. Alternative 1 with modifications.
3. Do not amend the existing FY 2019/20 Action Plan.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Approve the Fifth Substantial Amendment to the FY 2019/20 Action Plan as shown in Attachment 3 of the report.
JUSTIFICATION FOR RECOMMENDATION
The City Council has already decided how CDBG CARES (“CDBG-CV”) funds should be spent by approving the FY 2019/20 Action Plan. Approving the Fifth Substantial Amendment will release the majority of the City’s remaining CDBG-CV funds meant to assist households affected by the COVID-19 pandemic and allow these released funds to be used for a different purpose. These funds are currently allocated to programs that have ended and for City administration costs that have been lower than anticipated. The Fifth Substantial Amendment would make the funds available for a different purpose and allow City staff to implement this decision. For instance, making a large portion of these funds available for the Sunnyvale Community Services’ Food Assistance program would help households struggling to pay for basic necessities.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Matthew Hazel, Housing Programs Analyst
Reviewed by: Amanda Sztoltz, Homeless Services Manager
Reviewed by: Trudi Ryan, Director of Community Development
Reviewed by: Dennis Jaw, Assistant Director of Finance
Reviewed by: Matt Paulin, Director of Finance
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Report to Housing and Human Services Commission [25-0662, July 23, 2025] (without attachments)
2. Draft Summary of the Fifth Substantial Amendment to the FY 2019/20 Action Plan
3. Draft Fifth Substantial Amendment to the FY 2019/20 Action Plan
Additional Attachments for Report to Council
4. Excerpt of Draft Minutes of the Housing and Human Services Commission Meeting of July 23, 2025