HomeMy WebLinkAbout5A OCRCit}' Council Staff Re{Jort
DATE: January 28, 2021 NEW BUSINESS
SUBJECT: PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM
FROM: David H. Ready, City Manager
BY: Marcus L. Fuller, Assistant City Manager
SUMMARY
At the January 14, 2021, City Council Meeting, the City Council appropriated $1,000,000
from General Fund balance for the Palm Springs COVI D-19 Small Business Assistance
Program (the "Program"). This item allows for City Council approval of the form and
substance of the Program.
The Economic Development & Business Retention Subcommittee (Mayor Holstege,
Councilmember Kors) and Staff have participated in a Business Retention I COVID Re-
Entry Task Force (the "Task Force") and the Task Force recommends that the Program
focus on assisting those small businesses most in need, and in particular, those that may
not qualify or have access to the state and federal programs available to them. In this
way, the City's limited funds available for financial assistance to small businesses will
establish a "safety net" as an attempt to assist small businesses that may otherwise
permanently close as a result of the COVID-19 pandemic.
RECOMMENDATION
1) Approve the Palm Springs COVID-19 Small Business Assistance Program to provide
financial assistance to small businesses and non-profit organizations in the form of 6-
month forgivable loans not to exceed $10,000 per eligible business or non-profit;
2) Direct staff to announce and release the Palm Springs COVID-19 Small Business
Assistance Program and initiate the application process;
3) Authorize the City Manager to prepare administrative regulations necessary to
implement the Palm Springs COVID-19 Small Business Assistance Program;
4) Authorize staff to extend business licenses for businesses located in Palm Springs
that were closed due to the COVID-19 pandemic by the period of time the business
was closed in the prior year;
5) Consider funding for the Palm Springs Chamber of Commerce Restaurant Coupon
Program, and authorize the City Manager to enter into an agreement to facilitate the
Chamber's implementation of the Restaurant Coupon Program;
6) Defer the automatic CPI increase on all City user fees and charges for Fiscal Year
2021 /2022; .
ITEMNO. '5A
City Council Staff Report
January 28, 2021 -Page 2
Small Business Assistance Program
7) Direct staff as appropriate
BACKGROUND
On January 14, 2021, Staff provided a written report on the continuing extent of the
COVID-19 pandemic and the resulting Regional Order issued by the State of California
that has had the effect of significantly disrupting business operations for most of the City's
businesses. A copy of the staff report is included as Attachment A.
Staff presented a recommendation from the Subcommittee and Task Force to appropriate
$1,000,000 from unrestricted General Fund balance for the Program, with the details of
the Program to return to City Council on January 28, 2021, for review and approval.
STAFF ANALYSIS
As outlined in the prior staff report, several other cities have opted to provide COVI D related
financial assistance to businesses using their own funds. Locally, the cities of Palm Desert
and La Quinta have implemented financial assistance programs for small businesses which
are summarized as follows:
• Cathedral City Small Business Assistance Program -$450,000 available from its
CARES Act CDBG funds for 2 programs. Micro-enterprise grant of $7,500 each or
forgivable loans of up to $20,000. Program eligibility:
o Impacted by COVID-19
o Maintain a physical presence within Cathedral City
o Have less than 25 full-time equivalent employees
o Micro-enterprise grant of $7,500 for eligible expenses for businesses with 5 or fewer
employees, including owner
o Physical-improvement focused forgivable loan of up to $20,000 for businesses with
25 or fewer full-time equivalent employees. To be eligible for forgiveness, the
business must propose allowable expenses, comply with City quarterly reporting
requirements, and meet all HUD requirements.
• Rancho Mirage Small Business Relief Grant Program -$500,000 available on first-
come I first-serve basis of grants of $5,000 or $7,500 or $10,000 each based on number
of employees for businesses adversely impacted by the State and Regional Orders
associated by COVID-19. Program eligibility:
o The business was deemed non-essential and was forced to shut down by the state
or local government;
o Business sales are down by 25 percent or more in the last quarter (October,
November, December 2020) when, compared to the previous year during the same
three months (October, November, December 2019) or a comparable 3-month
period in 2019.
2
City Council Staff Report
January 28, 2021 -Page 3
Small Business Assistance Program
Eligible business will be reviewed based on the following criteria:
o Business category funding priority status will be given to retail, locally owned
restaurants, and
o businesses providing personal services that are unable to convert to remote
operations;
o Lost revenue and immediate business needs;
o Date completed application and all supporting documents is received.
Funding allocation:
o 5 or less full-time equivalent employees are eligible for a grant up to $5,000.
o 6-10 full-time equivalent employees are eligible for a grant up to $7,500.
o 11-30 full-time equivalent employees are eligible for a grant up to $10,000.
• Palm Desert-Emergency Relief Loan Program -$500,000 available for 100 loans of
$5,000 each. For existing for-profit, privately held businesses on a first come, first serve
basis. 0% interest loan with no repayment unless terms are violated. Program Eligibility:
o Impacted by December 7 State Regional Stay at Home Orders
o Physically located within the City of Palm Desert
o No businesses with more than four locations outside of Palm Desert
o Current City of Palm Desert Business License
o No employees, elected officials, agents, nor businesses that have an interest held by
any of the aforementioned, nor those businesses currently under contract with the
City of Palm Desert, may qualify
o Be in good standing with the Secretary of State and City of Palm Desert
• La Quinta -Emergency Relief Grant Program -Approx. $1,000,000 available.
Limited application-12/18 to 1/25. Grants up to $10,000 for approved business related
expenses. Funds would be available on a first come, first served basis. Program
Eligibility:
o Qualifications based -requiring profit/loss statements for 2019 and 2020.
o Employ up to 25 full-time equivalent employees.
o Businesses impacted by the mandate, required to modify or cease all indoor
operations, include restaurants; retail; nail salons; facial and esthetician services;
shaving; waxing and threading; massage therapy; body art, tattoo and piercing;
fitness centers; hair salons and barbershops.
3
City Council Staff Report
January 28, 2021 -Page 4
Small Business Assistance Program
Task Force Strategies
Reviewing this information on new State and Federal programs, programs offered by other
cities, along with the City's limited resources, the Task Force formulated the following
COVID related business assistance strategies for the City Council to consider.
1. Aggressive Staff support and advocacy for local businesses with new Federal and
State assistance programs
o Dedicated City Hotline: (760) 323-8273
o Dedicated City E-mail: PSAdvisor@palmspringsca.gov
o Assistance with accountant services
o Assistance with banks for Federal loans
o City to cover costs of staff assistance and outside experts to help
businesses obtain all available funding
2. For those businesses not eligible for Federal/State programs, a City grant/loan could
provide a level of "gap assistance"
3. General discussion on potential City Program summarized as follows;
o Agreement with advocacy work
o City grant/loan could help smaller businesses
o May be better to put those funds towards an expanded "post COVID
tourism and business campaign"
4. Other discussion ideas
o Continued use of outdoor "parklets" post COVID
o Eviction moratorium continuation
o COVID regulation enforcement -fairness, reduction in fines
o Continue to advocate at the state and federal level for funding for those
impacted.
Some of these strategies have already been implemented, such as City Hotline/E-mail,
assistance with accountant services, assistance with banks for Federal loans and State
partners for the California Relief Grant program, having the City cover costs of accountant
services; and staff assistance and outside experts to help businesses obtain all available
funding.
Staff will also be renewing its effort to reach out to the City's business community with the
various forms of financial assistance available, emphasizing the announcement of the
Second Round of the California Small Business COVID-19 Relief Grant Program at 8am
February 2 to 6 pm February 8, 2021.
For more information on Round 2 of the state's program, please visit their website at:
https://carel iefgrant.com/
4
City Council Staff Report
January 28, 2021 -Page 5
Small Business Assistance Program
The Task Force has outlined the following issues and recommendations for City Council
consideration of the proposed Palm Springs COVI D-19 Small Business Assistance
Program:
• How much total assistance to make available?
City Council has appropriated $1,000,000
• How much assistance to provide to each business?
Considering that there are 4,605 licenses issued to businesses located in Palm
Springs, an equal distribution of $1,000,000 would only provide $217 in direct
assistance to each business regardless of type of business or how it was impacted by
the COVID-19 pandemic. This factor requires careful consideration in determining how
· best to directly assist those businesses most in need of financial assistance in ways
that will ensure those businesses can reopen, or stay open, through the Regional
Order and the end of the disruption to business operations.
The Task Force is recommending a maximum of $10,000 be made available to eligible
businesses, with the amount granted by the City dependent on the business' actual
financial need. This will provide financial assistance to 100 or more eligible businesses
dependent upon the actual amount granted to each business (100 minimum at
$10,000 maximum award, reduced by the cost of extending business licenses as
further discussed in this staff report).
To the extent the City finds the demonstrated financial need of small businesses is
grater than $10,000 and fewer businesses are eligible for the Program (in that more
businesses have applied for and received various forms of state and federal financial
assistance), Staff will proposed amendments to the Program adjusting the maximum
assistance available or other parameters of the Program to ensure the funds available
reach the businesses with most financial need.
• What form of assistance? Forgivable loan or grant?
The Task Force gave initial consideration of financial assistance in the form of a grant
to avoid imposing more debt on businesses directly impacted by the COVID-19
pandemic, however, concern has been stated that a direct grant may provide financial
assistance to businesses that will remain closed even with the City's financial
assistance. A forgivable loan with a loan forgiveness period requiring businesses to
remain open helps ensure the City's assistance obtains the stated goal of preventing
business closures.
Given the importance of ensuring that the City's financial assistance serves the best
public purpose by ensuring our local small businesses are able to reopen and remain
open, the Task Force recommends the award of a grant be in the form of a forgivable
loan with the following conditions:
5
City Council Staff Report
January 28, 2021 -Page 6
Small Business Assistance Program
❖ Zero-interest loan
❖ Loan term is 6 months
❖ Loan is forgiven if business is in good standing and remains in good standing ( does
not violate any state, County or local emergency orders), opens within 30 days of
receipt of funds, and remains open throughout the loan term
❖ Loan is reduced and discounted by each month the business remains open, and
extinguished at the end of the loan term
Staff will be required to track loans awarded and document the opening of the
business, and require monthly reporting by the business on its operations.
An example of the type of loan application is included as Attachment B.
• What qualifications required for receiving City assistance?
In light of the recommendations from the Task Force that the assistance be awarded
based on demonstrated need, a qualifications based review will be required. Staff is
suggesting the following eligibility requirements:
❖ Independently owned local business or non-profit;
❖ Employ not more than 25 full-time employees;
❖ Limited to most directly impacted businesses: restaurant, retail, personal care
services (hair salons/barbers, nail salons, facial/esthetician services, massage
therapy, fitness centers/gyms) with a storefront physically established within the
City of Palm Springs;
❖ Priority for businesses that have been closed for the longest period of time (bars,
personal care services, etc.)
❖ Have a current City of Palm Springs Business License and have been in operation
as of March 1, 2020;
❖ Provide a written statement demonstrating a hardship due to COVID-19, such as
a loss in revenue;
❖ Provide a written statement demonstrating inability to access or qualify for current
state and federal financial assistance;
❖ Have written sick leave policies to assist workers impacted by the COVI D-19
pandemic;
❖ Comply with the City's non-discrimination policy;
❖ Be in good standing with the City of Palm Springs as of March 1, 2020 (e.g., no
liens or judgments, etc.); and
• Priority phasing of loan availability
Staff recommends establishing a priority phasing of loan availability, by targeting the
small businesses that have already applied for federal and state funding and can verify
their applications were not approved, or that their business was not eligible for the
funding.
As an example, applications for the federal Paycheck Protection Program ("PPP
Round 2") resumed January 11, 2021 and may be submitted until March 31, 2021.
Any business applying for City financial assistance through the City's Program will be
6
City Council Staff Report
January 28, 2021 -Page 7
Small Business Assistance Program
accepted, but the review and approval will be deferred to the extent the business is
eligible for, but has not yet applied for the PPP Round 2. However, businesses that
did apply, but were not eligible for PPP Round 2 (i.e. did not suffer more than 25%
reduction in gross revenue in any quarter of 2020 compared to 2019) may be
accepted. Staff notes that the other criteria exempting businesses for PPP Round 2
eligibility (i.e. businesses involved in lending, publicly traded companies, businesses
engaged in political or lobbying activities, businesses organized under laws of China
or Hong Kong, and persons registered as foreign agents) are similarly excluded to
participate in the City's Program.
As another example, small businesses had a limited opportunity to apply for the
California COVID Relief Grant Program from December 30, 2020 to January 13, 2021
in Round 1 of the program. Businesses ineligible to apply were those with gross
revenue exceeding $2,500,000. Businesses applying in Round 1 will receive
notifications by January 22, 2021, if their grant was awarded.
Round 2 of the California COVID Relief Grant Program opens 8am February 2 to
6pm February 6, 2021.
In this case, applications for the City's Program may be received, but review and
approval would be deferred until such time as Staff can verify a business did not apply
(and why) or was not awarded a grant by the state (and why) after the notification
period for its Round 2 awards by February 18, 2021 .
As a final example, the US Small Business Administration is processing COVID-19
Economic Injury Disaster Loans ("EIDLs") providing 30 year loans at 3.75% (for profit)
2.75% (non-profit) rates. EIDLs are also available in the form of a forgivable loan called
a "Targeted Advance" of up to $10,000 for businesses located in low-income
communities and suffered more than 30% reduction in revenue during an 8-week
period after March 2, 2020. However, funds for the Targeted Advance program are
not currently available. Businesses applying for City financial assistance will be
required to demonstrate they do not qualify for or unable to access the EIDL program.
By targeting the small businesses in most direct need of financial assistance who are
unable to access other available funding, the pool of small businesses eligible for the
City's financial assistance may be limited, however, the Program may make it possible
to assist up to 100 small businesses who fit this eligibility criteria.
Business License Tax Extension
The City issued 7,525 business licenses and generated $1,021,892 in fees in the 2019/2020
Fiscal Year, equivalent to an average license fee of $136. However, of the total licenses
issued 4,605 licenses are for businesses with a physical location in Palm Springs. The
portion of business license fees generated last year by businesses located in Palm Springs
was approximately $625,000.
7
City Council Staff Report
January 28, 2021 -Page 8
Small Business Assistance Program
Staff has reviewed the City's business license database to determine the approximate
number of the type of businesses most impacted by the COVID-19 pandemic (i.e. personal
care, nail/hair salon, restaurant/bar, lodging, etc.) and identified approximately 1,700
businesses located in Palm Springs. The average business license fee for these businesses
is slightly higher at $225.
Staff recommends that City Council authorize an extension of business licenses targeted to
the small businesses physically located in Palm Springs for their next renewal issued in
2021. This would capture only those businesses currently open, or planning to re-open and
requiring renewal of their business license. The business license term would be extended
by the length of time the business was closed in the prior year at no additional cost to the
business. Assuming most businesses were closed 6 months in the prior year, the cost to the
City in the form of reduced business license revenue is estimated at approximately $200,000
to the extent all of these businesses remain open or re-open and renew their business
license. Assuming not all eligible businesses renew their license, an allowance of $100,000
in reduced revenue is recommended to be funded from the Program.
Palm Springs Chamber of Commerce Restaurant Coupons
The Chamber is proposing a program to provide coupons to incentivize ordering take-out
and delivery from the City's local restaurants. A budget of $25,000 is proposed from the
Program to provide funding to the Chamber for this program with the following details:
❖ Coupons will be provided by the Chamber on its website for ordering at local
restaurants -providing $10 reduction in total price on orders exceeding $30
❖ A $25,000 budget will be provided to the Chamber to use in reimbursing
participating restaurants on coupons collected and honored
❖ Participating restaurants will submit coupons collected to the Chamber, and
Chamber will issue reimbursements for the value of the coupons to the
participating restaurants
Palm Springs Comprehensive Fee Schedule -CPI Deferral
The City Council adopted increases to the City's various user and developer fees in July
2019, and included a provision for an automatic increase subject to the Consumer Price
Index (CPI) rate published February every year. Last year the City Council opted to defer
the CPI increase to the City's various user and developer fees (2.9%) that would have
been implemented July 1, 2020 for the current Fiscal Year. The CPI deferral for the
current Fiscal Year Budget was estimated to reduce revenue by $400,000.
In accordance with state law, the automatic increase to the City's user and developer fees
for the next 2021/2022 Fiscal Year would be scheduled for City Council consideration at
a public hearing in April 2021, to be effective 60 days later by July 1, 2021 for the
upcoming fiscal year.
8
City Council Staff Report
January 28, 2021 -Page 9
Small Business Assistance Program
Staff recommends that the City Council authorize the City Manager to defer the automatic
increase scheduled for the upcoming 2021/2022 Fiscal Year. The most recent CPI data
is for December showing CPI increase of 1.5%; Staff estimates that if this CPI increase
holds for February, the CPI increase would generate approximately $200,000 additional
revenue in the next fiscal year. This reduction in revenue is not considered a cost to be
covered by the Program, in that the Fiscal Year 2021/2022 Budget will be based on
user/developer fee revenue without an adjustment or increase in budgeted revenues.
FISCAL IMPACT:
The Program is funded by an appropriation of $1,000,000 approved by the City Council
on January 14, 2021.
SUBMITTED:
~~
Marcus Fuller, P.E., M.P.A., P.L.S
Assistant City Manager
':;.27~~
David H. Ready, Esq. Ph.:
City Manager
Attachments:
A. January 14, 2021, staff report
B. Loan Application
Jay rat , Director
Comm Ity & Economic Development
9
ATTACHMENT A
10
Cit)! Council Staff Report
DATE: January 14, 2021 NEW BUSINESS
SUBJECT: PALM SPRINGS COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM
FROM: David H. Ready, City Manager
BY: Marcus L. Fuller, Assistant City Manager
SUMMARY
This item generally summarizes the various Federal and state or County financial
assistance that has been available to businesses, and provides a detail summary of the
new Federal Paycheck Protection Program (PPP) Round 2 and California COVID Relief
Grant Program that are now available, as well as recently announced state financial
assistance programs.
The City Council has taken several actions to secure the public health and safety of the
City's residents, workers and tourists while following the State's Emergency Orders that
have impacted businesses throughout the City. The City Council has also taken action to
support businesses in various ways throughout the COVID-19 pandemic.
This item is intended to consider creating a $1,000,000 small business financial
assistance relief program for certain businesses located in Palm Springs. The Economic
Development & Business Retention Subcommittee (Mayor Holstege, Councilmember
Kors) and Staff have participated in a Business Retention/ Re-Entry Task Force (the
"Task Force") that includes business, non-profit, and community members. Meetings of
the Task Force have focused on ways the City can assist its small businesses. The Task
Force has discussed the parameters of a small business financial assistance program in
light of current state and federal programs that offer similar assistance to these same
businesses. The initial recommendation from the Task Force is that the City's financial
assistance should focus on assisting those small businesses most in need, and in
particular, those that may not qualify or have access to the state and federal programs
available to them. In this way, the City's limited funds available for financial assistance to
small businesses will establish a "safety ner as an attempt to assist small businesses
that would otherwise permanently close as a result of the COVID-19 pandemic. The
details of this program are to be discussed as part of this item.
r.cM No._..5_.._B ..... __ _
11
City Council Staff Report
January 14, 2021 -Page 2
Small Business Assistance Program
RECOMMENDATION
1) Discuss alternative strategies to assist the City's local businesses, including current
Federal and state programs, and a local assistance program;
2) Amend the Fiscal Year 2020/2021 Budget to appropriate $1,000,000 from unrestricted
General Fund balance for the Palm Springs COVID-19 Small Business Assistance
Program; and
3) Direct staff as appropriate.
BACKGROUND
Regretfully, the COVID-19 pandemic continues unabated with significant increases in
positive cases confirmed. The Governor initially implemented a state of emergency on
March 4, 2020, and issued a state-wide shelter-in-place order on March 19, 2020, that
effectively closed all non-essential businesses and restricted all non-essential travel for a
period extending through late May 2020. During this first shut-down, most businesses in
Palm Springs were directly impacted and resources were made available through the
original COVID Relief bills passed by the Federal Government and with California COVID
Relief funds. Riverside County, utilizing $430,000,000 of its direct distribution of CARES
Act funding provided grants to businesses. The City received only $585,687 in CARES
Act funding.
Further restrictions were implemented by the Governor in the summer as COVID cases
increased, leading to the current Regional Order that has significantly impacted retail,
restaurants and bars, personal services including salons and spas, fitness related
businesses, accommodations including hotels and vacation rentals, and others by limiting
non-essential businesses, travel and closing or limiting the ability of businesses to
operate.
The Economic Development & Business Retention Subcommittee (Mayor Holstege,
Councilmember Kors) and Staff have participated in a Business Retention / Re-Entry
Task Force (the "Task Force") that includes several community business members
(identified on Attachment 1).
Through the Task Force, the City has established various methods to assist the City's
business community during the COVID-19 pandemic. Initially, direct City financial
assistance was not considered given the federal and state programs that were available,
and in consideration of the impact of COVID-19 on the City's Budget, and the City's long-
term financial investment in tourism to sustain and generate activity for Palm Springs
businesses.
As a reminder of the City's investment in tourism that has developed over the last 20
years to established Palm Springs as an international brand name tourist destination, it
is important to outline this investment that benefits the City's business community.
12
City Council Staff Report
January 14, 2021 -Page 3
Small Business Assistance Program
Palm Springs Investment in Tourism
Counties, larger cities and metropolitan areas generally assume responsibility for
advertising and marketing of their brand and location to generate tourism. However, for
Palm Springs the City's economic engine is driven most directly by local, state and
international tourism. As an internationally known destination, the City benefits from this
tourism in generating over $50 million annually through the Hotel (TOT) taxes and sales
taxes. The City also invests significantly in its tourism to ensure the City continues to
capture local, state and international travelers, as well as capture bookings for
conventions at the City's Convention Center which in turn delivers group hotel room
bookings, translating into business for the City's restaurants, bars and retail stores.
The City long ago determined to reinvent itself into the primary destination it is now known
today. This reinvention required three main components: (1) an expanded Convention
Center; (2) renovated and new Hotels; and (3) a redeveloped Downtown. All three of
these elements were completed with the opening of the Downtown Project including the
Rowan Hotel and the new commercial district in November 2017.
It was clear that the City's investments had paid off through the increased commercial
business and high number of tourists and visitors coming to Palm Springs in the last few
years. This was directly reflected in the continued increasing of the City's Hotel TOT
revenue and sales tax revenue. What helped make this happen and sustained the
increasing number of tourists and visitors is the City's investment in the following areas.
Element Annual Funding {Rounded)
Convention Center Debt Payment $4,700,000
Convention Center Lease Payment $300,000
Convention Center Operations $1,500,000
Hotel Operations Incentive Program $3,300,000
Downtown Redevelopment $3,200,000
Downtown Security/Police Patrol $900,000
Bureau of Tourism Operations $2,300,000
CVB Membership $600,000
PS Resorts $670,000
Golf Fund Subsidy $1,810,000
TOTAL ANNUAL INVESTMENT $19,280,000
This City's overall investment in Tourism in Fiscal Year 2019/2020 represented nearly
18% of the total Fiscal Year 2019/2020 General Fund budget of $109,148,100.
13
City Council Staff Report
January 14, 2021 -Page 4
Small Business Assistance Program
In comparing the City's investment in tourism to other Coachella Valley cities, Staff
obtained the budgets identified for tourism in their General Fund budget:
• Cathedral City; $701, 113
• Coachella; $137,639
• Desert Hot Springs; $172,450
• Indian Wells; $912,698
• Indio; $1,067,725
• La Quinta; $1,293,100
• Palm Desert; $1,264,500
• Rancho Mirage; $1,487,043
• Palm Springs; $19,280,000
= 1.4% of General Fund Budget
= 0.53% of General Fund Budget
= 2.04% of General Fund Budget
= 5.32% of General Fund Budget
= 1.17% of General Fund Budget
= 2.32% of General Fund Budget
= 2.09% of General Fund Budget
= 3.94 % of General Fund Budget
= 17.66 % of General Fund Budget
City Actions Taken to Assist Local Businesses
The City Council has taken public health most seriously during the COVID-19 pandemic,
enacting and enforcing emergency orders and regulations to mitigate and prevent the
continued spread of the pandemic. A summary of the actions taken include the following:
• Passed local Emergency Orders to keep City businesses and workers safe, including
face mask requirements
• Developed and implemented a face mask and social distancing campaign, and "Shop
Local" campaign
• Passed one of the strongest eviction moratorium ordinances in the state to protect
residential and commercial tenants
• Dedicated code enforcement staff and Police patrol to proactively enforce face mask
order -issued citations
• Coordinated with local ABC prior to state's administrative regulations to allow outdoor
sale of alcohol
• Waived fees and dedicated staff to reviewing and issuing 75 land use permits for
outdoor dining and "parklets" -saving businesses $114,000 in fees
• Paid rental fees of $45,000 for concrete k-rails for "parklets"
• Closed Palm Canyon Dr. at request of restaurants
• Reopened Palm Canyon Dr. at request of retailers
• Assisted businesses to apply for Paycheck Protection Program (PPP), and Economic
Injury Disaster Loan (EIDL), and connected with Riverside County funding
opportunities
• Developed and presented workshops and webinars with businesses to assist with
accessing available resources
• Convened and held weekly Task Force meetings with local business stakeholders
• Created with Palm Springs Chamber and Hilton Hotel a discount PPE program, with
Main Street developing education campaign and distributing PPE to businesses
• Passed a local ordinance limiting Postmates and other third party fees on delivery of
food after receiving a request from concerned restaurants
14
City Council Staff Report
January 14, 2021 -Page 5
Small Business Assistance Program
• Funded, developed and ran several campaigns with City's Bureau of Tourism to
promote shopping and dining local, take out, ordering retail online, etc.
Regional Stay-at-Home Order
Factors creating challenges and uncertainty for the City's businesses include the current
Regional Order and not knowing for how long the reduced or closed business operations
will last. The current Regional Order issued by the California Department of Public Health
was issued on December 5, 2020 and is based on regions having Intensive Care Unit
(ICU) capacities lower than 15%. When the Regional Order first went into effect the
Southern California region ICU capacity was at 20%, but with the continued escalation of
COVID-19 cases, ICU capacity has reduced in the entire Region to 0%.
Evidence of how significant the threat to public health caused by the current pandemic is
demonstrated by reviewing the number of ICU positive patients and ICU bed capacity in
Riverside County during the extent of the pandemic from March 2020 to current from
metrics provided by California Department of Public Health:
ICU Positive Patients Line
343
13
·-··-------------------· ---------·· ................ ----------------------------.................... ---------· ----------------.. ·-... ... . . -------·-----------------------·· -. -----------
116 3/'30 4/13 ~ 5111 6m Ol8 9122 716 7/20 813 8117 8131 9114 8'28 10.112 ·11rie ;_tf!J 11123 12/7 12121 114
Graph of ICU Positive Patients -Riverside County
15
City Council Staff Report
January 14, 2021 -Page 6
Small Business Assistance Program
ICU Avallable Beds Ute
... : . .,,.··,.,_,,,.·· .. • .. -..... · ·· ... .-..... ·•·· ... · -:.-..... · ........ , .. ----·---· ---·--..... -·--.... -~~-... ,_,._ .. ,.. ·•· ··-------------------------·---····· -----
16 3/30 4/13 4/27 5/11 5125 818 6122 116 1120 813 8117 8131 8114 9128 10/12 10/26 1119 11123 12/1 12121 114
Graph of ICU Available Beds -Riverside County
Further evidence of the seriousness of the current pandemic can also be demonstrated
by the volume of the COVID-19 virus detected in the City's wastewater. As the owner of
the sewer collection system and wastewater treatment plant (WWTP), the City opted to
voluntarily sample wastewater flowing into the WWTP to detect for the presence of the
COVID-19 virus. Composite samples of wastewater are taken over 24 hour periods on
Mondays and Tuesdays and sent to a laboratory in Colorado specializing in detecting for
the presence of the COVID-19 virus and determining based on best available science the
number of active cases of COVID-19 represented by the volume of virus detected per liter
of wastewater.
Palm Springs initially started this sampling on August 10, 2020, and the volume of virus
detected per liter of wastewater was 260,718 and decreased through the month of August
to 6,685 on September 7, 2020 and steadily increased to 28,161 by October 12, 2020.
However, significant increases in the volume of virus per liter of wastewater was
documented starting on October 13, 2020 and extending through Thanksgiving with a
sample detecting 906,957 on December 1 , 2020. A significant spike in the volume of virus
per liter of wastewater was detected on December 7 with 2,496,629 copies of the virus
per liter of wastewater and continuing through Christmas with the highest volume of virus
per liter of wastewater detected at 2,605,666 on December 28, 2020.
16
City Council Staff Report
January 14, 2021 -Page 7
Small Business Assistance Program
To put this number into context, with 2,605,666 copies of the COVID-19 virus per liter of
wastewater detected, the laboratory specializing in this detection determined this sample
represented 4,823 positive cases of COVID in Palm Springs on December 28. This
compares to the positive cases that have been tested and confirmed in Palm Springs by
Riverside County Health -with 2,602 confirmed, 1,830 recovered and 78 deaths. County
data would indicate 694 positive cases currently in Palm Springs, whereas the wastewater
data identifies 4,823 positive cases.
The effects of the Regional Order restricting non-essential travel is demonstrated by a
recent sample taken at the WWTP on January 4, 2021 , detecting a reduced volume of
virus per liter of 1,833,944 representing 4,119 positive cases in Palm Springs on that day.
This has reduced by 700 cases but exceeds the confirmed active positive cases reported
by Riverside County. A graph showing the history of COVID-19 virus detection at the
WWTP from October 7 through January 4 is provided below.
2750000
2500000
2250000
2000000
1750000
~ 1500000
.9t
0.
8 1250000
1000000
750000
500000
250000
Date
• coples}l -Trendlinl!
Riverside County Health Department also published a report that examined outbreaks of
COVID-19 positive cases (3 or more) from July through November 2020. Using contact
tracing data, the County determined that the height number of outbreaks occurred in the
following segments of the business community:
17
City Council Staff Report
January 14, 2021 -Page 8
Small Business Assistance Program
1. Grocery Stores (80 outbreaks)
2. Retail (71 outbreaks)
3. Warehouses (46 outbreaks)
4. Restaurant/food establishments (33 outbreaks)
All of these business segments remain open with reduced capacity, except for restaurants
that are now currently limited to providing food through take-out or delivery service with
no indoor or outdoor dining allowed.
The Regional Order was initially anticipated to last 3 weeks, however, given the evidence
shown that the pandemic is surging, it has since been extended indefinitely until ICU bed
capacity within our Region increases above 15%.
The Regional Order includes the following restrictions:
• People from different households are prohibited from gathering
• Closed all personal service businesses, including hair and nail salons, spas, fitness
businesses
• Limits retailers to indoor operations of not more than 20% capacity.
• The sale of food, beverages, and alcohol for instore consumption is prohibited.
• Grocery stores are allowed to operate at not more than 35% capacity.
• Individuals living in the Region are required to stay home or at their place of residence
except as necessary to conduct activities associated with the operation, maintenance,
or usage of critical infrastructure.
• Outdoor recreation facilities are allowed to continue to operate but may not sell food
or drink for on-site consumption.
• Except as otherwise required by law, no hotel or lodging entity in California shall
accept or honor out of state reservations for non-essential travel, unless the
reservation is for at least the minimum time period required for quarantine and the
persons identified in the reservation will quarantine in the hotel or lodging entity until
after that time period has expired.
Not knowing how long the current Regional Order will last makes it difficult for businesses
( especially those that are closed such as personal services, fitness, and spas as well as
those with more restrictions such as restaurant, retail, and hospitality businesses), to
make critical decisions such as staying open, or closing; retaining employees; purchasing
supplies; and modifying their work environments. These business decisions are further
complicated as Federal and State resources are created or increased as businesses have
to complete and submit applications for the funds to find out if they qualify, the amount of
funding they may receive, or if the funds qualified for will meet their specific business
needs.
18
City Council Staff Report
January 14, 2021 -Page 9
Small Business Assistance Program
Federal and State/County Financial Assistance
The US Congress passed several federal financial assistance laws since March 27, 2020,
to assist businesses impacted by the COVID-19 pandemic, including:
• $2.2 trillion CARES Act stimulus bill establishing $349 billion first round of
Paycheck Protection Program (PPP)
• $484 billion Paycheck Protection Program & Health Care Enhancement Act
increasing funding to the PPP
Through the CARES Act, California received $15.321 billion of which $1.3 billion was
allocated by the Governor for further distribution to counties and $500 million was
allocated to cities. For cities, the Governor further distributed $225 million to cities with
populations greater than 300,000 and $275 million for cities with populations less than
300,000. For Palm Springs, the City received $585,687 from the state equivalent to
approximately $12 per resident. This allocation was unequal and lower than allocations
to larger cities with over 300,000 population that received a direct allocation equivalent to
$85 per resident and those with over 500,000 receiving around $170 per resident, or
Riverside County that received $431 million equivalent to $175 per resident.
The City used its $585,687 CARES Act distribution to fund the personnel costs of public
safety employees responding to the COVID-19 pandemic calls for service, as well as
securing and implementing safety protocols at various public facilities against the
pandemic, and other related COVID costs incurred early in the pandemic. Riverside
County did establish a Business Assistance Program for assistance to businesses with
its $431 million allocation.
Other programs that have been available include the Economic Injury Disaster Loan
(EIDL), and County Business Loans, that offered low interest loans and grants to assist
businesses suffering from the fiscal impacts caused by the COVID-19 pandemic. These
assistance programs were intended to bridge the gap caused by the immediate shutdown
in March -May and limited restrictions imposed later in the summer; however, the
extended pandemic and on-going business disruptions caused by the Regional Order
have exhausted the benefits that these earlier programs may have had in sustaining small
business operations.
Due to these and related factors disrupting our local economy, the Task Force met on
December 30, 2020, and January 6, 2021, to discuss how to maximize use of new Federal
and State programs available to businesses, and to identify how the City itself can offer
assistance to its local businesses, whether technical and administrative support, or
financial assistance. Meetings were also held with Main Street and other business
organizations.
19
City Council Staff Report
January 14, 2021 -Page 1 O
Small Business Assistance Program
STAFF ANALYSIS
New Federal COVID Relief Programs
The US Congress recently passed the next COVID relief bill, an additional $900 billion
included in the 2021 Consolidated Appropriations Act, that will provide $325 billion for a
PPP Round 2 and other programs.
• Paycheck Protection Program Round 2 (PPP Round 2): $284 billion available for the
Round 2 PPP. Certain changes to the PPP have been implemented by the latest relief
bill, including changes to how loans granted in Round 1 may be used. A summary of
these changes is provided on Attachment 2.
New State COVID Relief Program
Governor Newsom announced the creation of a $500 million COVID Relief Grant Program
by the California Office of the Small Business Advocate (CalOSBA) at the Governor's Office
of Business and Economic Development for small businesses that have been impacted by
the COVID-19 pandemic and the health and safety restrictions. Funds would be awarded to
selected intermediaries with established networks of Community Development Financial
Institutions to distribute relief through grants of up to $25,000 to underserved micro and
small businesses throughout the state. A website has been established for this program at:
https://careliefgrant.com/
Details on the California Relief Grant Program are provided as Attachment 3.
New State Funding in 2021 State Budget
Governor Newsom announced on January 5, 2021, the "Equitable Recovery for California's
Businesses and Jobs" plan, the business and workforce recovery elements of his 2021-22
State Budget that will help California through the COVID-19 pandemic and advance an
equitable, broad-based recovery.
Building on actions the state has taken to support California's businesses throughout the
pandemic, including emergency aid and regulatory relief, these proposals double down on
the Newsom Administration's commitment to rebuilding the economy, with investments
across sectors and benefits for businesses of all sizes.
Notably, the Governor's Budget proposal requests an immediate action to approve an
additional $575 million for the California COVID Relief Grant Program, bringing total funding
to $1.075 billion, and includes a provision of $25 million assistance for small cultural
institutions, including museums and art galleries.
20
City Council Staff Report
January 14, 2021 -Page 11
Small Business Assistance Program
The Budget proposal also requests $777.5 million for a California Jobs Initiative, to focus on
job creation and retention, regional development, small businesses and climate innovation,
including increased funding for: • California Competes Tax Credit (CalCompetes), which incentivizes businesses to locate
in California to stay, grow and create quality full-time jobs in the state and creates a new
CalCompetes grant program to support job creation and investments in infrastructure
($430 million) • Extended Main Street Small Business Tax Credit to encourage hiring new employees
and rehiring former employees ($100 million) • Mitigating the SALT deduction limitation for S-corporation shareholders • The California Dream Fund to seed entrepreneurship and small business creation in
underserved communities ($35 million) • Additional funds for the California Infrastructure and Economic Development Bank's
{I Bank) Small Business Finance Center to provide small business loan and disaster loan
guarantees ($50 million which will be leveraged to provide $250 million in loans) and for
the California Rebuilding Fund ($50 million) • Expanded sales tax exclusions through the Treasurer's Office to reduce the cost of
manufacturing equipment in order to promote innovation and meet the state's climate
goals ($100 million) • $12.5 million to fully capitalize the California Rebuilding Fund to support $125 million
low-interest loans to underserved businesses.
The Budget proposal also requests $70.6 million for fee waivers to individuals and
businesses most impacted by the pandemic -including barbers, cosmetologists,
manicurists, bars and restaurants. These waivers will assist those who have not been able
to operate or are operating at reduced capacity during the pandemic.
Senate Bill 74
The State Legislature has introduced Senate Bill 7 4 {SB 7 4) called "Keep California Working
Act." As indicated in the Legislative Counsel's Digest:
Existing law establishes the Office of Small Business Advocate within the Governor's Office
of Business and Economic Development for the purpose of advocating for the causes of
small business and to provide small businesses with the information they need to survive in
the marketplace.
SB 7 4 proposes $2.6 billion in additional state financial assistance to small businesses or
non-profits defined as:
• Small business is independently owned and operated, and has fewer than 100
employees;
• Small business or non-profit has experienced economic hardship resulting from the
COVID-19 pandemic
21
City Council Staff Report
January 14, 2021 -Page 12
Small Business Assistance Program
Other City Programs
Several other cities have opted to provide COVI D related financial assistance to businesses
using their own funds. Locally, the cities of Palm Desert and La Quinta have implemented
financial assistance programs for small businesses which are summarized as follows:
• Palm Desert-Emergency Relief Loan Program -$500,000 available for 100 loans of
$5,000 each. For existing for-profit, privately held businesses on a first come, first serve
basis. 0% interest loan with no repayment unless terms are violated.
Program Eligibility:
o Impacted by December 7 State Regional Stay at Home Orders
o Physically located within the City of Palm Desert
o No businesses with more than four locations outside of Palm Desert
o Current City of Palm Desert Business License
o No employees, elected officials, agents, nor businesses that have an interest held by
any of the aforementioned, nor those businesses currently under contract with the
City of Palm Desert, may qualify
o Be in good standing with the Secretary of State and City of Palm Desert
• La Quinta -Emergency Relief Grant Program -Approx. $1,000,000 available.
Limited application -12/18 to 1/25. Grants up to $10,000 for approved business related
expenses. Funds would be available on a first come, first served basis.
Program Eligibility:
o Qualifications based -requiring profit/loss statements for 2019 and 2020.
o Employ up to 25 full-time equivalent employees.
o Businesses impacted by the mandate, required to modify or cease all indoor
operations, include restaurants; retail; nail salons; facial and esthetician services;
shaving; waxing and threading; massage therapy; body art, tattoo and piercing;
fitness centers; hair salons and barbershops.
Task Force Strategies
Reviewing this information on new State and Federal programs, programs offered by other
cities, along with the City's limited resources, the Task Force formulated the following
COVID related business assistance strategies for the City Council to consider.
1 . Aggressive Staff support and advocacy for local businesses with new Federal and
State assistance programs
o Dedicated City Hotline: (760) 323-8273
o Dedicated City E-mail: PSAdvisor@palmspringsca.gov
o Assistance with accountant services
22
City Council Staff Report
January 14, 2021 -Page 13
Small Business Assistance Program
o Assistance with banks for Federal loans
o City to cover costs of staff assistance and outside experts to help
businesses obtain all available funding
2. For those businesses not eligible for Federal/State programs, a City grant/loan could
provide a level of "gap assistance"
3. General discussion on potential City Program summarized as follows;
o Agreement with advocacy work
o City grant/loan could help smaller businesses
o May be better to put those funds towards an expanded "post COVID
tourism and business campaign"
4. Other discussion ideas
o Continued use of outdoor "parklets" post COVID
o Eviction moratorium continuation
o COVID regulation enforcement -fairness, reduction in fines
o Continue to advocate at the state and federal level for funding for those
impacted.
Some of these strategies have already been implemented, such as City Hotline/E-mail,
assistance with accountant services, assistance with banks for Federal loans and State
partners for the California Relief Grant program, having the City cover costs of accountant
services; and staff assistance and outside experts to help businesses obtain all available
funding.
Considerations for a local business assistance program offering financial assistance
include the following issues for City Council consideration:
• How much total assistance to make available?
The Task Force and Staff have recommended $1,000,000
• How much assistance to provide to each business?
Considering that there are 4,605 licenses issued to businesses located in Palm
Springs, an equal distribution of $1,000,000 would only provide $217 in direct
assistance to each business regardless of type of business or how it was impacted by
the COVID-19 pandemic. This factor requires careful consideration in determining how
best to directly assist those businesses most in need of financial assistance in ways
that will ensure those businesses can reopen, or stay open, through the Regional
Order and the end of the disruption to business operations.
• What form of assistance? Forgivable loan or grant?
The Task Force is recommending a grant to avoid imposing more debt on businesses
directly impacted by the COVID-19 pandemic, however, concern has been stated that
a direct grant may provide financial assistance to businesses that will remain closed
even with the City's financial assistance. A forgivable loan with a loan forgiveness
23
City Council Staff Report
January 14, 2021 -Page 14
Small Business Assistance Program
period requiring businesses to reopen or stay open helps ensure the City's assistance
obtains the stated goal of preventing business closures, however, the administrative
burden imposed on the City on tracking and monitoring these loans may represent a
challenge.
• What qualifications required for receiving City assistance?
Considerations provided by the Task Force include:
❖ If a business was closed or partially closed, and for how long;
❖ Businesses that did not receive prior Federal or state/County financial assistance,
and why;
❖ Businesses that are eligible for new programs but are unable to qualify
❖ If the business can open or remain open with City assistance (establish a
"Business Re-Opening Grant");
❖ If the business is minority owned;
❖ If the business is most directly impacted (personal care businesses like hair/ nail
salons)
❖ If the business is a sole proprietor working from home
❖ Financial assistance in the form of prospective rent stabilization for closed
businesses facing a backlog of past rent through a cooperative agreement with the
tenant and landlord that accomplishes the landlord's reduction of future rent
payments and the City's assistance with a portion of that rent. This suggestion
would ensure tenants and landlords have resolved past rent while providing
financial support for small businesses closed and once allowed to re-open, can
remain open with the City's rent stabilization assistance
The Task Force does not recommend a "first come/ first serve" approach, and prefers an
approach targeted to those business in most need to establish a "safety net" to preventing
businesses who are unable to or cannot qualify for financial assistance from all of the
available programs. With this approach, consideration must include how much assistance
is required - a factor that might directly relate to the financial need demonstrated by each
business and would vary the maximum assistance provided by the City, and thus, the
total number of businesses potentially offered assistance by the City.
Business License Tax Waiver
The City issued 7,525 business licenses and generated $1,021,892 in fees in the 2019/2020
Fiscal Year, equivalent to an average license fee of $136. However, of the total licenses
issued 4,605 licenses are for businesses with a physical location in Palm Springs. The
portion of business license fees generated last year by businesses located in Palm Springs
was approximately $625,000.
Staff has reviewed the City's business license database to determine the approximate
number of the type of businesses most impacted by the COVID-19 pandemic (i.e. personal
care, nail/hair salon, restauranVbar, lodging, etc.) and identified approximately 1,700
businesses located in Palm Springs. The average business license fee for these businesses
is slightly higher at $225.
24
City Council Staff Report
January 14, 2021 -Page 15
Small Business Assistance Program
City Council may consider temporarily suspending business license fees for the targeted
small businesses physically located in Palm Springs for their next renewal issued in 2021.
This would capture only those businesses currently open, or planning to re-open and
requiring renewal of their business license. The cost to the City in the form of reduced
business license revenue is estimated at $382,500 to the extent all of these businesses
remain open or re-open and renew their business license.
FISCAL IMPACT:
The unrestricted General Fund balance at end of Fiscal Year 2019/2020 (FY 19/20) on
June 30, 2020, was reported to City Council as $25,803,144 as part of the FY 19/20 year-
end financial report given on September 24, 2020.
At the November 12, 2020 meeting Staff provided City Council with the Fiscal Year
2020/2021 (FY 20/21) First Quarter budget Staff reported General Fund revenue
exceeding budgeted revenue by $5,677,472 from which the City Council appropriated
$2,148,000 for personnel, fire radios, palm tree trimming and other items. A balance of
$3,529,472 was added to the unrestricted General Fund balance, increasing the balance
to $29,332,616 as of September 30, 2020.
At the FY 20/21 First Quarter budget update, Staff also reported that Measure J revenues
exceed budget by $2,960,222 -these funds remain available in the Measure J Fund
Balance.
It should be noted that the FY 20/21 General Fund budget was adopted with a deficit of
($17,925,500). Assuming revenues and expenditure remain on budget for the remainder
of FY 20/21, it is estimated that the estimated unrestricted General Fund balance of
$29,332,616 as of September 30, 2020 will be reduced by the adopted deficit of
$17,925,500 to a final balance of $11,407,116.
The restricted CalPERS reserve is $22,250,000.
If the City Council determines to establish the Palm Springs COVID-19 Small Business
Assistance Program, an appropriation of $1,000,000 from unrestricted General Fund
balance is available. Alternatively, City Council may appropriate these funds from the
Measure J Fund Balance.
If the City Council determines to authorize waiver of business license fees for certain
targeted businesses, the estimated reduction in fee revenue of $382,500 will add to the
final deficit for FY 20/21 by the final amount of waived fees.
25
City Council Staff Report
January 14, 2021 -Page 16
Small Business Assistance Program
SUBMITTED:
/~
MarGus Fuller, P.E., M.P.A., P.L.S
Assistant City Manager
Attachments:
1 . Task Force Members
2. Federal PPP Round 2 Information
3. California Relief Grant Program Information
26
ATTACHMENT 1
27
Business Retention/ Re-Entry Task Force
• Mayor Holstege
• Councilmember Kors
• David Ready, City Manager
• Marcu·s Fuller, Assistant City Manager
• Jay Virata, Director of Community & Economic Development
Community Stakeholders
• Celeste Brackley, PSHA-Palm Springs Hospitality Association
• Michael Braun, Grit Development -Commercial Landlord Representative
• Patricia Breslin, Greater Palm Springs Bar and Restaurant Organization
• Aftab Dada, Chairman, PS Resorts
• Ron deHarte, Community Leadership Council
• David Feltman, PS COVID Education Campaign
• Jim Franklin, Palm Springs Regional Association of Realtors
• Chard Gardner, Palm Springs Restaurants United
• Michael C Green, Palm Springs Small Hotel Tourism Business Improvement District
• Jeff Grubbe, Tribal Chairman, Agua Caliente Band of Cahuilla Indians
• Rob Hampton, General Manager, Palm Springs Convention Center/Bureau of Tourism
• Bruce Hoban, Vacation Rental Owners and Neighbors of Palm Springs
• Dean Lavine, President, Arenas District Merchants Association
• Harold Matzner, Chairman, Palm Springs International Film Festival
• Joy Brown Meredith, Main Street Palm Springs
• David Powell, Desert Business Association
• Patrick Service, General Manager, Las Casuelas Terraza representing PS Restaurant Assoc.
• Peter Sipkins, Chair ONE-PS
• Joe Wallace, CEO, Coachella Valley Economic Partnership
• Nona Watson, CEO, Palm Springs Chamber of Commerce
• Scott White, CEO, Greater Palm Springs Convention & Visitor Bureau
28
ATTACHMENT 2
29
PAYCHECK PROTECTION PROGRAM (ROUND 2)
• Paycheck Protection Program Round 2 (PPP Round 2): $284 billion available for the
Round 2 PPP. Certain changes to the PPP have been implemented by the latest relief
bill, including changes to how loans granted in Round 1 may be used, summarized as
follows:
Does the Act expand the types of expenses that are eligible for forgiveness?
Yes. While borrowers are still required to spend at least 60% of their PPP loan proceeds
on eligible 11 payroll costs" in order to be eligible for full forgiveness, the Act expands the
permissible use of PPP loan proceeds for which borrowers may receive forgiveness to
the following: • Group insurance payments for life, disability, vision, dental • Supplier costs for good essential to business operations • Worker protection expenditures related to improvements made to prevent, mitigate
and contain the spread of COVID-19 in the workplace • Operations expenditures relating to software/cloud computing service for business
operations • Property damage costs related to vandalism or looting due to public disturbances
How does the Act otherwise impact a borrower's ability to obtain full forgiveness?
Applicable Covered Period -A borrower may elect, at its option, to choose a "covered
period" ending at any time between 8-weeks and 24-weeks after loan origination.
Regardless of the chosen covered period, each borrower must use the full amount of the
PPP loan proceeds on eligible expenses during its chosen covered period to be eligible
for full loan forgiveness.
Simplified Forgiveness Process for PPP Loans up to $150,000 -The Act provides
for a simplified loan forgiveness process for PPP loans of up to $150,000. Specifically,
applicable borrowers will be eligible for loan forgiveness if the borrower signs and
submits a one page certification to the lender (a) describing the number of employees
the borrower was able to retain because of the PPP loan, the estimated amount spent
on eligible payroll costs and total PPP loan value and (b) attesting that it accurately
provided the required certification and complied with applicable PPP requirements.
Economic lniury Disaster Loans Advances -Borrowers that received both a PPP
loan and an EIDL advance will no longer be required to subtract the EIDL advance from
their PPP forgiveness calculation.
What borrowers are eligible to obtain a PPP Round 2 loan?
In order to be eligible for a PPP Round 2 loan, a borrower must be 11a business concern,
nonprofit organization, housing cooperative, veterans organization, [t]ribal business
concern, eligible self-employed individual, sole proprietor, independent contractor, or
small agricultural cooperative" and be able to demonstrate the following:
30
• it has no more than 300 employees; and • it has suffered a 25% or more reduction in gross revenues between comparable
quarters in 2019 and 2020.
A borrower may either be a first time PPP borrower or have previously received a PPP
loan.
Does the Act expand PPP Round 2 loan eligibility to certain entity types?
Yes. New entities that are eligible to participate in the PPP Round 2 include certain
Section 501(c)(6) nonprofits, including trade organizations and chambers of commerce,
and nonprofits and government instrumentalities that engage in destination or tourism
marketing (defined as "destination marketing organizations") with (a) 300 or fewer
employees, {b) that do not receive more than 15% of their revenue from lobbying
(capped at $1 million during the most recent tax year prior to February 15, 2020) and,
( c) if engaged in lobbying activities, that do not engage in lobbying activities which
comprise 15% or more of total business activities. In addition, certain local newspapers,
television, and radio stations, which were largely ineligible to participate in the first round
of the PPP by their affiliation with other stations, are also eligible to participate.
Are certain entity types ineligible to participate in the PPP Round 2?
Yes. The Act renders the below types of persons and entities ineligible to participate in
the PPP Round 2.
• Those entity types that are generally prohibited from participating in the SSA's 7(a)
lending programs listed at 13 C.F.R. 120.110, which includes, among other things,
financial businesses primarily engaged in lending; • Publicly traded companies, provided that businesses that are owned or controlled by
publicly traded companies may still be eligible. • Any business primarily engaged in political or lobbying activities; • Any business (a) organized under the laws of the People's Republic of China or the
Special Administrative Region of Hong Kong or (b) that has a person who is a
resident of the People's Republic of China on its board of directors; and • Any person required to register as a foreign agent under the Foreign Agents
Registration Act of 1938.
Is a borrower that returned all or part of its first round PPP loan eligible to reapply
for a PPP Round 2 loan?
Yes. The Act provides that a borrower that returned all or part of its first round PPP loan
may reapply for the maximum amount applicable under the Act.
Is a borrower that is in bankruptcy eligible for a PPP Round 2 loan?
Yes, under certain circumstances. Pursuant to the Act, a procedure is established for
certain bankruptcies, including Chapter 11 bankruptcies, whereby a debtor in
possession, or a trustee of a debtor, may request the Bankruptcy Court's permission to
obtain a PPP Round 2 loan. The PPP Round 2 loan will be "treated as a debt to the
extent the loan is not forgiven" and will have super-priority equal to "administrative
expenses."
31
Are borrowers still required to apply the affiliation rules in determining whether
the borrower is eligible to participate in the PPP Round 2?
Yes. The Act explicitly provides that the affiliation rules are applicable. However, the Act
maintains existing expansions in eligibility for businesses assigned a North American
Industry Classification System f'NAICS") Code 72 (Accommodation and Food Services).
What is the maximum loan amount a borrower is eligible for under the PPP Round
2?
Under the PPP Round 2, a borrower will be eligible to obtain a loan amount equal to the
lesser of (a) 2.5x its average monthly payroll costs, as measured during either (i) the one
year period before the date the PPP Round 2 loan is disbursed or (ii) calendar year 2019,
or (b) $2 million. In addition, for a borrower assigned a NAICS Code of 72
(Accommodation and Food Services), the borrower will be eligible to receive a PPP
Round 2 loan in an amount equal to the lesser of (a) 3.5x its average monthly payroll
costs or (b) $2 million.
Did the Act render expenses paid with the proceeds of a forgiven PPP loan
deductible?
Yes. In a reversal of the Department of Treasury's and Internal Revenue Service's prior
guidance, the Act provides that no deduction for business expenses funded with the
proceeds of a forgiven PPP loan may be denied by reason of the exclusion of the loan
forgiveness from gross income.
Did the Act extend payroll tax deferral periods?
Yes. In prior guidance, the Internal Revenue Service permitted employers to defer
withholding of the employee's share of social security payroll taxes from September 1,
2020 through December 31, 2020 and to withhold and deposit the applicable taxes
ratably between January 1, 2021 and April 30, 2021. The Act extends the withholding
and depositing deadline to December 31, 2021.
Did the Act extend the Employee Retention Tax Credit?
Yes, the Act extends the Employee Retention Tax Credit ("ERTC") through June 30,
2021. In addition, for calendar quarters beginning after December 31, 2020, the ERTQ
was expanded by (a) increasing the amount of the tax credit from 50% to 70% of
"qualified wages" paid to an employee up to $10,000 per calendar quarter and (b)
expanding a business' eligibility by reducing the threshold for the decline in gross
receipts to qualify as an "eligible employer'' from 50% to 20%. Further, the Act allows
employers that obtained PPP loans to claim the ERTC on eligible wages not used to
support PPP loan forgiveness.
32
• Economic Injury Disaster Loan {EIDL)-The new COVID relief bill also appropriated
$20 billion in additionai funding to the EIDL and extended the application covered period
for EIDL grants through December 31, 2021. Small businesses and nonprofits in low
income communities that suffered a 30% economic loss and have fewer than 300
employees are eligible to apply for and receive an advance grant of $10,000, or the
difference between $10,000 and a previous advance grant amount. The Act allows the
SBA up to 21 days after receiving a request for an EIDL grant to review the borrower's
eligibility and either provide the grant or an explanation why the borrower is ineligible to
receive it. The EIDL grants are not taxable, and under the Act, there is no deduction to
any PPP loan forgiveness amount for borrowers who received both an EIDL grant and
a PPP Loan. If a borrower's PPP loan forgiveness amount was previously reduced by
the EIDL grant, the Act directs the SBA to issue rules ensuring all borrowers receive
equal treatment.
33
ATTACHMENT 3
34
COVID RELIEF GRANT PROGRAM
This program provides grants of $5,000 to $25,000 based on a business' gross revenue as
follows:
Gross Revenue
$1,000 to $100,000
$100,000 to $1,000,000
$1,000,000 to $2,500,000
Over $2,500,000
Grant Available
$5,000
$15,000
$25,000
Not Applicable
Note: Revenue is determined based on the IRS tax form definition of "Gross Sales" (less
any returns and allowances) as reported on Line 1.c. on both the 1120 ( corporate return) or
1120S (S-Corp return); on Line 3 on IRS Schedule C for single member LLCs and sole
proprietorships; on Line 1.c. on Form 1065, for partnerships; on Line 1.c. and Line 2 on Form
Schedule F for farming businesses; and Line 12 on Form 990 for non-profits. Schedule E is
not eligible.
Eligible costs are only those costs incurred due to the COVID-19 pandemic and the health
and safety restrictions such as business interruptions or business closures incurred as a
result of the COVID-19 pandemic. The following are the eligible uses of grant funds:
• All employee expenses including payroll costs, health care benefits, paid sick, medical,
or family leave, and insurance premiums; • Working capital, overhead (including rent, utilities, mortgage principal and interest
payments (excluding mortgage prepayments), debt payments (principal and interest)
incurred before March 1, 2020; • Costs associated with re-opening business operations after being fully or partially closed
due to state-mandated COVID-19 health and safety restrictions and business closures; • Costs associated with complying with COVID-19 federal, state or local guidelines for
reopening with required safety protocols, including but not limited to equipment,
plexiglass barriers, outdoor dining, PPE supplies, testing, and employee training
expenses;or • Any other COVID-19 related expenses not already covered through grants, forgivable
loans or other relief through federal, state, county or city programs.
Lendistry has been designated by the state to act as the intermediary for the Program to
disburse the grant funds. Lendistry is a technology partner that hosts and manages the
portal for the Program's grant application and will make grant payments to approved
applicants. Applicants will receive notifications from Lendistry on the status of their
application and requests for business information and supporting documents, including their
business bank account information. Visit www.lendistry.com to learn more about Lendistry.
Technical assistance is offered through Lendistry's partners. Lendistry's partners include
mission-based lenders and small business advisory and technical assistance providers who
are available to help small businesses with the application process. This includes many of
the State of California supported small business centers who prioritize the expansion of
35
technical assistance to underserved business groups. Riverside County partners are
identified online at: https://careliefgrant.com/partner/riverside/
The closest Riverside County partner organization is the Coachella Valley SBDC:
44-199 Monroe St., Ste B, Indio
760-848-4096
Email: cvsmallbusiness@ociesbdc.com
Web: http://coachellavalleysbdc.org/
The state has rolled the Program out in two rounds offunding, with the first round of $237.5
million in a short application period that started on December 30, 2020, and ends at midnight
on January 13, 2021.
A Round 2 of $237.5 million will be announced in the future. It should be noted that if a
business or nonprofit applied in the first round and is not funded, the application will be
automatically rolled over into the second round and a new application is not necessary.
This program is not a ''first come I first serve" grant, but is based on eligibility requirements.
First, applications will be reviewed to determine whether the applicant meets the eligibility
requirements. Eligible businesses will then be scored based on COVID-19 impact factors
incorporated into the Program's priority criteria. The Program will prioritize distribution based
on priority key factors, including the following:
• Geographic distribution based on COVID-19 health and safety restrictions following
California's Blueprint for a Safer Economy, county status and the new Regional Stay At
Home Order which can be found at https://covid19.ca.gov/safer-economy/ • Industry sectors most impacted by the pandemic • Underserved small business groups served by the State supported network of small
business centers (i.e., businesses majority owned and run on a daily basis by women,
minorities/persons of color, veterans and businesses located in low-to-moderate income
and rural communities)
The following documents will be required to submit an application online through the
Lendistry.com portal:
• A copy of a signed certification form. • Most recent tax return filed, or for nonprofit entities, IRS Form 990 filed (2019 or 2018)-
provided in an electronic form for online upload, such as PDF/JPEG or other approved
upload format. • An acceptable form of government-issued photo ID, provided in an electronic form for
online upload, such as PDF/JPEG or other approved upload format.
36
Once selected for funding, applicants will be required to provide the following additional
documentation:
• Copy of official filing with the California Secretary of State (which must be active), if
applicable or local municipality for your business such as one of the following, which
must be provided in electronic format for upload, such as PDF/JPEG or other approved
upload format:
❖ Articles of Incorporation
❖ Certificate of Organization
❖ Fictitious Name of Registration
❖ Government-issued Business License
❖ For eligible nonprofit entity applicants, a copy of the entity's most recent IRS tax
exemption letter. • Verification of bank account via electronic registration or other approved review process.
Frequently Asked Questions regarding this program are provided online at:
https://careliefgrant.com/50440-2/
37
ATTACHMENT B
38
City of Palm Springs
COVID-19 Small Business Assistance Program
COVID-19 SMALL BUSINESS
ASSISTANCE PROGRAM
For City of Palm Springs Businesses Impacted by COVID-19
The City of Palm Springs (City) recognizes that coronavirus disease (COVID-19) has put a
difficult burden on our small business community. As a response to this unprecedented
challenge, the City is establishing a $1,000,000 COVID-19 Small Business Assistance
Program (the "Program"), which will help to provide small businesses with emergency cash
flow during this immediate health crisis. Funds will be provided to qualified eligible
businesses physically located in Palm Springs that have a demonstrated need for financial
assistance and are unable to qualify for or access other available state and federal financial
assistance for small businesses. Funds will be granted in the form of a forgivable loan
carrying zero interest, in amounts up to $10,000 based on actual financial need.
Loan applications are administered through the City's Finance Department. Applications for
the Program will begin to be accepted on February 1, 2021 at 8am. The application period
will close once all funds have been allocated. Eligibility and Program Guidelines are
described in the following pages.
*IMPORTANT*
Did you know the City of Palm Springs has compiled a list of resources for small businesses,
employers, and employees? This list includes other financing opportunities and
important information for you to take advantage of from Third-Party, Local,
County, State, and Federal providers. Please visit the following website for further
information:
https://www.palmspringsca.gov/government/ covid-19-updates/ businesses
1
39
City of Palm Springs
COVID-19 Small Business Assistance Program
LOAN TERMS
1) Repayment Term: 0% interest for a term up to one year. Loan payments deferred
and forgiven provided the business remains in good standing, opens within 30 days
of receipt of loan proceeds, and remains open during the loan term of 6 months.
2) Loan Amount: Up to $10,000 per business.
3) Loan Proceeds: Funds shall be used for operational needs such as lease/mortgage
payments, payroll, materials, supplies and services.
4) One-time loan per business.
5) Businesses receiving a loan are required to execute a promissory note in order to
receive funding allotment.
ELIGIBILITY
• Independently owned local business or non-profit;
• Employed not more than 25 full-time employees as of March 1, 2020;
• Limited to most directly impacted businesses: restaurant, retail, personal care
services (hair salons/barbers, nail salons, facial/esthetician services, massage
therapy, fitness centers/gyms) with a storefront physically established within the City
of Palm Springs;
• Priority for businesses that have been closed for the longest period of time (bars,
personal care services, etc.)
• Have a current City of Palm Springs Business License and have been in operation as
of March 1, 2020;
• Provide a written statement demonstrating a hardship due to COVID-19, such as a
loss in revenue;
• Provide a written statement demonstrating inability to access or qualify for current
state and federal financial assistance;
• Have written sick leave policies to assist workers impacted by the COVID-19
pandemic;
• Comply with the City's non-discrimination policy;
• Not include a business owner that has previously applied for a zero-interest loan
under this program;
• Be in good standing with the City of Palm Springs as of March 1, 2020 (e.g., no liens
or judgments, etc.); and
• Application is deemed complete by City Staff.
2
40
City of Palm Springs
COVID-19 Small Business Assistance Program
Meaning of "Full-time Employee"
The abbreviation FTE is short for "full-time equivalent." The City of Palm Springs determines
the total number of employees of a business on a FTE basis. A full-time employee is one
who works 40 hours per week. For example, one employee who works 40 hours per week
equals one FTE. To determine the FTE number for part-time employees, add the total
number of hours worked in a week by all part-time employee, and then divide that number
by 40. For example, if a business has four part-time employees who work a total of 10 hours
per week, those employees equal one FTE.
APPROVAL PROCESS
Loan applications are to be reviewed by City Staff on an ongoing basis until all funds are
disbursed. Funding decisions will be made within 30 days of receiving a complete
application. If the City determines that additional information or supporting documents are
needed to review an application, then the application will not be deemed complete and will
remain on hold until all requested information is provided. Funding may be released within
two weeks of approval (pending approval of third-party fiscal intermediary).
3
41
City of Palm Springs
COVID-19 Small Business Assistance Program
APPLICATION QUESTIONS
Disclosure of Information
The City of Palm Springs understands and supports the public's right to access
public records. Information submitted through this application is a public record
and may be subject to disclosure under the California Public Records Act (PRA).
In addition, the City of Palm Springs may be required to disclose information
submitted through the application by some other legal process, for example, a
subpoena. Please note, that all identifiable personal information will be redacted
from any such request.
I agree that the City of Palm Springs may determine in its sole discretion whether
information submitted through this application is subject to disclosure under the California
Public Records Act or through another legal process.
PRINTED NAME: ________________________ _
SIGNATURE: _________________________ _
Please submit the following required documentation along with your application.
If selected, the loan applicant may be required to provide additional
documentation including most recent tax returns, 941s, etc.
1. Current City of Palm Springs Business License
2. W-9 Form
3. Balance Sheets for the month(s) of January and[or Februarv and for the
month(s) of the identified financial hardship
4. A current calendar year-to-date profit-and-loss statement
5. Payroll records for the months of January and February 2020 (Confidential
information such as social security numbers or employee birth dates should
be excluded).
4
42
City of Palm Springs
COVID-19 Small Business Assistance Program
CONTACT INFORMATION
Applicant Name: __________________________ _
Applicant Email: __________________________ _
Applicant Phone Number: ______________________ _
BUSINESS INFORMATION
Business Name (dba): ________________________ _
Business Address: _________________________ _
Primary Business Owner Name: ____________________ _
Primary Business Owner Home Address: _________________ _
Do you own or lease your establishment at this location? ___________ _
If Owned: Please attach a copy of grant deed.
If Leased: Please attach a copy of current executed lease.
Please list the names and share of ownership of all other business owners:
Owner 1 / Share %: ________________________ _
Owner 2 / Share %: ________________________ _
Owner 3 /Share%: ________________________ _
Owner 4 / Share %: ________________________ _
Type of Business Entity -Please provide Articles of Incorporation or bylaws for type of entity
D Corporation (C-corp, S-corp)
D Limited Liability Company (LLC)
D Partnership (LLP, joint venture)
D Individual/Sole Proprietorship
D Franchise
D Nonprofit
D Other
5
43
City of Palm Springs
COVID-19 Small Business Assistance Program
Primary Business Activity
D Retail
D Restaurant
D Other (applicant can specify, esp. nonprofits) _____________ _
Please describe your business: (Include what the business produces and how it generates
revenue.)
Normal Business Hours (Pre-COVID-19):
Normal Day(s) of the Week (Pre-COVID-19): _______________ _
Current Business Hours:
New Day(s) of the Week: _______________________ _
Number of Full-time Employees -Please provide copy of certified payroll: __ Employees
Number of Part-time Employees -Please provide copy of certified payroll: Employees
How many years has this establishment been in business? ___________ _
6
44
City of Palm Springs
COVID-19 Small Business Assistance Program
IMPACT OF COVID-19
Please describe the business hardship that has resulted from COVID-19 and, if funded, how
would you utilize these resources:
Please address impacts on revenues, number of employees, modified business hours, etc.
(verification may be required)
When did the hardship begin?
What do you envision the impacts might be over the course of the next 30 days?
Are there any other services you may need, such as Marketing or Remote Work Assistance?
7
45
City of Palm Springs
COVID-19 Small Business Assistance Program
FINANCIAL INFORMATION
The City of Palm Springs reserves the right to request supporting documentation
for all requested information. Please be prepared to provide Tax information, a
current Preliminary Title Report, Certified Payroll documentation, and other items
as necessary.
Federal Tax ID (EIN): _______________________ _
City of Palm Springs Business License#: __________________ _
Total Business Revenue in 2019 (Please only include revenue from the business for which
you are requesting assistance.):
$ _____________ _
Average Weekly Payroll in 2019:
$ ____________________ _
Average Total Weekly Hours in 2019 (Calculated as the total hours worked by all employees
per week, on average in 2019, not including overtime):
Amount of Monthly Rent or Mortgage (please provide copy of mortgage statement or current
lease):
$ ____________________ _
Does the business or owner have any outstanding liens or judgements?
•Yes
• No
Is the business or business owner currently the subject of any litigation?
•Yes
• No
8
46
City of Palm Springs
COVID-19 Small Business Assistance Program
CERTIFICATIONS
D I understand that I am applying for a loan that will be forgiven on the condition that
I open and remain open for the term of the loan, and the loan may require repayment.
D I hereby certify that my business is unable to qualify for or access other available
state and federal financial assistance provided to small businesses
D I hereby certify that my business follows all applicable laws and emergency orders,
including providing paid sick leave and following anti-discrimination laws.
D I hereby certify that I will use the funds allotted as described in this application.
D I hereby certify that all of the information submitted in this application is true and
correct and is subject to audit by the City of Palm Springs.
PRINTED NAME: _______________________ _
SIGNATURE: ________________________ _
Please visit our COVID-19 website for critical information to keep you and
your loved ones safe:
https://www.palmsprinqsca.gov/qovernment/covid-19-updates
Please visit our COVID-19 Updates and Small Business Resources website
for additional financing opportunities from Third-Party, Local, County,
State, and Federal providers:
https://www.palmsprinqsca.gov/qovernment/covid-19-
updates/businesses
9
47