O1261
,
~
e e
CA:RMM:r
City council Meeting 11-9-82 Santa Monica, California
ORDINANCE NUMBER 1261(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING
POLICIES AND PROCEDURES FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Sections 2940 through 2947 are hereby added to
the Santa Monica Municipal Code to read as follows:
Chapter 13--CDBG Program
Procedures and Policies
Section 2940. Findin~s. The City
Council finds and declares:
(a) The Congress of the United
States has passed and the President of
the United States has signed the Housing
and Community Development Amendments of
1981, Public Law 97-35, amending the
Housing and Community Development Act of
1974, Public Law 93-383.
(b) The
Housing
and Community
Development Act of 1974 established a
community Development Block Grant Program
1
~
.
e
to provide grants to local communities to
meet housing and community development
needs principally of low and moderate
income persons.
(c) The Housing
Development Amendments
and Community
of 1981 have
eliminated many requirements concerning
applications and plannlng documents and
the participation of low and moderate
income persons in the planning,
development, and implementation of the
Community Development Block Grant
Program.
(d) The City Council desires to
ensure that procedures exist for maximum
participation by citizens in the
planning, development, and implementation
of the Community Development Block Grant
Program in the City of Santa Monica.
(e) The City Council desires to
ensure that low and moderate income
persons are the primary beneficiaries of
the Community Development Block Grant
Program.
Section 2941.
Definitions.
The
following words and phrases as used in
2
~
e
e
this Chapter shall have the following
meanings:
(a) Low income person. A person
an annual income of not more than
having
50% of
the
median
income for
the Los
Angeles - Long Beach - Anaheim Standard
Metropolitan Statistical Area for a
family of similar size as determined in
accordance with the Housing and Community
Development Act of 1974, as amended.
(b) Moderate Income person. A
person having an annual income of not
more than 80% of the median income for
the Los Angeles - Long Beach - Anaheim
Standard Metropolitan Statistical Area
for a family of similar size as
1etermined in accordance with the Housing
and Community Development Act of 1974, as
amended.
(c) Beneficiary. A person who is
the recipient of programs or activities
funded by the Community Development Block
Grant Program such as the direct
recipient of a public or social service
funded by the Community Development Block
Grant Program, an employee of a job
created or retained because of the
3
.
.
Community
Development
Block
Grant
Program, or an owner or occupant of
housing assisted or rehabilitated because
of the COMmunity Development Block Grant
Program, or an individual residing in a
project area deriving benefits from a
Community Development Block Grant
activity. A project area is a geograph-
ical area determined by the City and need
not be coterminous with census tract.
(d) Community Development Block
Grant Pro9ram. All programs and
activities of the City of Santa Monica
that are funded in whole or in part by
COmMunity Development Block Grants made
pursuant to the Housing and Community
Development Act of 1974, as amended.
Section 2942. Pro9ram Policies and
Restrictions.
(a) Each program or other activity
funded by the Community Development Block
Grant Program shall primarily benefit low
and moderate income persons. Each
project or activity funded by the
COMmunity Development Block Grant Program
shall give maximum priority to low and
moderate income persons and shall be
4
~
e
e
consistent with purposes and policies set
forth in this Chapter.
(b) A program or other activity
funded by the Community Development Block
Grant Program will be not be considered
to primarily benefit low and moderate
~ncome persons unless:
(1) At
least 75% of its
direct beneficiaries are low and moderate
income persons, or
(2) At least 51% of the
population of the project area benefited
by the activiies are low and moderate
income persons.
(c) Notwithstanding subdivision
(b), the City Council may, upon a finding
of important community need as set forth
in the
provide
if at
Community Development Plan,
funding to a program or activity
least 51% of the direct
beneficiaries are low and moderate income
persons.
(d) A principal activity of the
Co~unity Development Block Grant Program
shall be to address the housing needs of
low and moderate income persons. In
prioritizing programs and activities, the
5
e
e
highest priority shall be
cost-effective programs that
affordable housing opportunities
and moderate income persons
given to
expand
to low
or
that
improve the ability of low and moderate
income persons to pay for decent housing
through economic development activites.
(e) Any Community Development
Block Grant Program funds used for
economic development, including
commercial or industrial development,
must directly create or retain jobs for
persons of low and moderate income or
directly impact upon commercial
revitalization in a project area and must
be consistent with the following
standards:
(1) At least 75% of funds
allocated for economic development must
be allocated to and expended in project
areas composed of at least 51% low and
moderate income residents or must
directly and positively impact upon low
and moderate residents of these areas; or
(2) Economic development
activities must assist in creating or
retaining jobs for low and moderate
6
..
e
e
income persons, improve neighborhood
commercial activity in low and moderate
income neighborhoodsof the City, or
improve opportunities for small
businesses,
cooperatives, or community
development corporations or neighborhood
organizations serving low and moderate
income persons or project areas.
The Department of Community and
Economic Development shall develop and
implement appropriate reporting
mechanisms to assess the impact of all
economic development activities on low
and moderate income persons and
neighborhoods.
(f) No more than 20% of any year's
allocation of Community Development Block
Grant funds shall be expended on general
administrative costs.
Section 2943.
ment Plan.
(a) Expenditure of Community
Development Block Grant funds shall be
made only in accordance in the annual
Community Development Plan.
(b) The Community Development Plan
shall be prepared by the Department of
Community Develop-
7
~
tit
e
Community and Economic Development as
part of the annual planning process for
the Community Development Block Grant
Program and shall contain the following
components:
(1) A description of the
geographic boundaries of each program or
activity the City intends to fund.
(2) Using the best available
data, a comprehensive assessment of the
community development needs of low and
moderate income persons, including the
social and economic characteristics of
each neighborhood in which Community
Development Block Grant Program funds are
to be expended and the identification of
each neighborhood that will be affected
or served by a program or activity the
City intends to fund.
(3) The manner in which low
and moderate income persons will be
benefited or affected by programs and
activities the City intends to fund.
(4) The
neighborhoods will
affected by programs
City intends to fund.
manner
in which
be benefited or
and activities the
8
..
e
e
(5) The manner in which
minority residents will be benefited or
affected by programs and activities the
City intends to fund.
(6) A
detailed
Housing
Action
Plan
containing
an accurate
analysis of the housing needs of each
neighborhood in which Community
Development Block Grant Program funds
will be expended and an explanation of
how Community Development Block Grant
Program funds will be used to meet those
needs.
(7) The amount of money the
City intends to allocate for each program
or activity.
(8) The estimated cost of
administrating each program or activity
the City intends to fund.
(9) The estimated cost of
general administration by the City.
(10) A Residential Anti-
Displacement Plan for preventing the
displacement of low and moderate income
residents from their neighborhoods
including progra~s and measures the City
will undertake to prevent displacement of
9
"
e
e
low and moderate income persons from
their neighborhoods.
Section
2944.
Citizen partici-
pation.
(a) Public hearings required by
this Chapter shall be held at times and
locations convenient to low and moderate
income persons. All interested persons
shall have the right to express their
views and comments at any and all public
hearings.
(b) Prior to the preparation of
the annual Community Development Plan,
neighborhood hearings shall be held to
receive comments on the community
development activities of the City.
(c) Upon completion of the
proposed Community Development Plan, a
city-wide public hearing shall be held so
that all interested persons may comment
on the proposed Community Development
Plan before it is submitted to the City
Council in accordance with Section 2945.
At least two weeks prior to this public
hearing, the proposed Community
Development Plan shall be made available
to all interested persons.
10
e
e
(d) Notice of any public hearing
required by this Chapter shall be
provided as follows:
(1) At least 10 days prior
public hearing, notice shall be
to the
published
non-legal
general
in easily-readable type in the
section of all newspapers of
circulation in the City. The
notice shall indicate the date, time,
place, and
the case of
notice shall
newspaper.
purpose of the hearing. In
non-English newspapers, the
be in the language of the
(2) Appropriate
press
releases describing the purpose of the
hearing shall be distributed to
newspapers
City, to
moderate
television
of general circulation in the
newspapers serv1ng low and
income neighbhorhoods, to
and radio stations, and to
organizations serving low and moderate
income persons in the City.
(3) Radio and
television
stations shall be requested to provide
public service announcements indicating
the date, time, place, and purpose of the
public hearing.
11
~_..~'-
e
e
(4) At least 14 days prior
to the public hearing, notice of the
date, time, place, and purpose of the
public hearing shall be mailed to any
person who has requested to be placed on
Citizen Participation Mailing List to be
maintained by the Department of Community
and Economic Development.
(e) The failure to receive notice
by any person entitled thereto pursuant
this Chapter does not affect the validity
of any action taken pursuant to this
Chapter.
Section 2945. Approval and
Amendment of Community Development Plan.
(a) Prior to the submission to the
United States Department of Housing and
Urban Develop~ent of a Statement of
Community Development Objectives or
similar document, the proposed Community
Development Plan shall be presented to
the City Council for its approval. Upon
approval, the Community Development Plan
shall become the vehicle for local
design, implementation, and evaluation of
12
e
e
the Community Development Block Grant
Program.
(b) Prior to taking action on the
proposed Community Development Plan; the
City Council shall hold at least one
public hearing. Following the public
hearing, the City Council shall approve
the Community Development Plan with such
amendments that it deems appropriate.
(c) The City Council may approve
amendments to the Community Development
Plan. Any amendments made after the
initial approval of the Community
Development Plan shall be approved
following public hearing as provided for
in this Chapter if the amendment either
individually or in combination with
previous amendments concerns more than
10% of the current year's entitlement
amount.
Section 2946.
(a) The City
Pr09ram Review.
Council shall
be
provided with semi-annual reports
containing the following information:
(1) A description of the
progress made on each program or activity
funded by the Community Development Block
13
~
e
e
Grant Program during the period covered
by the report, including a description of
the objectives that have been achieved,
the amount of service or assistance
provided, the location or area where
service was provided, the total number of
persons receiving service or assistance,
and the total number of low and moderate
income
persons
receiving service or
assistance.
(2) The
total
amount of
funds expended for each program or
activity during the period covered by the
report including the amount expended for
administration.
(3) The total amount of any
allocated but unexpended Community
Development Block Grant Program funds,
the year the funds were allocated, and
the progra~ or activity for which the
allocated funds remain unexpended.
(4) The total amount of
unexpended and unallocated Community
Development Block Grant Program funds.
(b) The reports required by this
section shall be made available to the
City Council as follows:
14
e
e
(1) On or before February 15
of each year covering the preceding July
1 through December 31.
(2) On or before
of
each
year
covering
the
August 15
preceding
January 1 through June 30.
(c) Within the first three months
of each Community Development Block Grant
Program year, the City Council shall hold
a public hearing for the purpose of
reviewing the performance of the
Community Development Block Grant Program
during the previous program year.
(d) Any interested person may file
with the Department of Community and
Economic Development a written complaint
concerning the Community Development
Block Grant
Program
or any
activity
Development
Department
funded
Block
by
the
program or
Community
Grant
Program.
The
of Community and Economic
Development
response to
shall
the
provide a written
complaint within 15
the filing of the
working days
complaint.
of
15
..
e
e
Section 2947. Information Avail-
able to the Public. All records
maintained by the City in connection with
the Community Development Block Grant
Program shall be available to the public
in accordance with the California Public
Records Act. The City shall provide to
residents without cost a reasonable
number of copies of the Community
Development Plan, any proposed Community
Development Plan or amendment thereto,
the Statement of Objectives, the annual
Grantee Performance Report, the reports
required by Section 2946, and this
Chapter.
SECTION 2. Any provision of the
or appendices thereto inconsistent
Santa Monica Municipal
with the provisions of
Code
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council hereby
declares that it would have passed this ordinance and each and
every
section,
subsection,
sentence,
clause or phrase not
16
~
,~
.
e
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. This City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
The ordinance shall become
effective after 30 days from lts adoption.
APPROVED AS TO FORM:
~M.~~-
Robert M. Myers . .
City Attorney
17
:)
.
e
ADOPTED AND APPROVED THIS
9th
DAY
OF
November
~ 1982.
[2'.~, ~.,~~c4~f
/ MAYOR ~
l
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~
NO. 1261
(CCS)~ WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE
26th DAY OF Oct9ber
1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 9th DAY OF ~ovember
1982 BY THE FOLLOWING COUNCIL VOTE:
AYES: COUNCILMEMBERS: Conn, Edwards, Press, Reed,
Zane and l'layor Yannatta Go1dway
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jennings
ABSTAIN: COUNCILMEMBERS: Kone
ATTEST:
r, ~
<~-'
t iT CLERK