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O1467 e e CA:RMM:rmd837jhpca City Council Meeting 2-28-89 Santa Monica, California ORDINANCE NUMBER 1467(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 2940, 2942, 2943, 2944, AND 2946 RELATING TO PROCEDURES AND POLICIES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1 . Santa Monica Municipal Code section 2940 is amended to read as follows: SECTION 2940. Findings. 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 1987, amending the Housing and community Development Act of 1974. (b) The Housing and Community Development Act of 1974 established a community Development Block Grant Program to provide grants to local communities to meet housing and community development - 1 - e e needs principally of low and moderate income persons. (c) The Housing and community Development Amendments of 1987 have eliminated many requires concerning applications and planning 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 2. Santa Monica Municipal Code Section 2942 is amended to read as follows: - 2 - e e SECTION 2942. program 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 consistent with the purposes and policies set forth in this Chapter. (b) A program or other activity funded by the Community Development Block Grant Program will not be considered to primarily benefit low and moderate income 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 activities are low and moderate income persons. (e) Notwithstanding subdivision (b), the city Council may, upon a finding of important community need as set forth in the Community Development Plan, - 3 - e e provide funding to a program or activity if at least 51% of the direct beneficiaries are low and moderate income persons. (d) A principal activity of the community Development Block Grant Program shall be to address the housing needs of low and moderate income persons. In prioritizing programs and activities, the highest priority shall be given to cost effective programs that expand affordable housing opportunities to low and moderate income persons or that improve the ability of low and moderate income persons to pay for decent housing through economic development activities. (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 - 4 - e e 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 area; or (2) Economic development activities must assist in creating or retaining jobs for low and moderate income persons, improve neighborhood commercial activity in low and moderate income neighborhoods of 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. - 5 - e e (g) At least sixty percent (60%) of all CDBG funds expended pursuant to the City's two year Community Development Plan will be for activities which benefit low and moderate income persons. Such activities will be described in the City's Final statement of Projected Uses as submitted to HUD. SECTION 3. Santa Monica Municipal Code Section 2943 is amended to read as follows: SECTION 2943. ment Plan. (a) Expenditure of Community Development Block Grant funds shall be made only in accordance with the Community Development Plan. (b) The Community Development Plan shall be prepared by the Department of Community and Economic Development as part of a two year program 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. community Develop- - 6 - e e (2) Using the best available data, a description of the 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 manner in which neighborhoods will be benefited or affected by programs and activities the City intends to fund. (5) The manner in which minority residents will be benefited or affected by programs and activities the City intends to fund. (6) The amount of money the city intends to allocate for each program or activity. (7) The estimated cost of general administration by the city. SECTION 4. Santa Monica Municipal Code Section 2944 is amended to read as follows: - 7 - e e SECTION 2944. 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. ci tizen partici- (b) Prior to the preparation of the Community Development Plan, a community-wide meeting shall be held to receive comments on the community development activities of the city. (c) Upon completion of the proposed Community Development Plan, it shall be released to the public no later than twenty-elght (28) days prior to city Council action on the Plan in accordance with Section 2945. A community review period of fourteen (14) days shall commence with the release of the Plan. All interested persons may submit written comments during this review period to the Department of Community and Economic Development, Community and Neighborhood Services Division. Written comments received through the end of the business - 8 - e tit day of the 14th day of the community review period shall be transmitted to the City council. (d) Notice of any public hearing required by this Chapter shall be provided as follows: (1) At least ten (10) days prior to the public hearing, notice shall be published in easily-readable type in the nonlegal section of all newspapers of general circulation in the city. The notice shall indicate the date, time, place, and purpose of the hearing. In the case of non-English newspapers, the notice shall be in the language of the newspaper. (2) Appropriate press releases describing the purpose of the hearing shall be distributed to newspapers of general circulation in the City, to newspapers serving low and moderate income neighborhoods, to television 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 - 9 - e . the date, time, place, and purpose of the public hearing. (4) At least fourteen (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 a citizen Participation Mailing List to be maintained by the Department of Community and Economic Development. (el The failure to receive notice by any person entitled thereto pursuant to this Chapter does not affect the validity of any action taken pursuant to this Chapter. SECTION 5. Santa Monica Municipal Code Section 2946 is amended to read as follows: SECTION 2946. Program Review. (a) The City council shall be provided with an annual Grantee Performance Report containing the following information: (1) A description of the progress made on each program or activity funded by the Community Development Block Grant Program during the period covered by the report, including a description of - 10 - e e 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 program 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 report required by this section shall be made available to the city Council on or before January 31st of each year covering the activity for the previous program year. - 11 - e e (c) On or before January 31st of each year, the City council shall hold a public hearing for the purpose of reviewing the performance of the Community Development Grant Program during the previous program year. The public hearing shall be held in conjunction with the Department of community and Economic Development's written presentation of the Community Development Program funding rationale for the next year to the City council. (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 program or activity funded by the Community Development Block Grant Program. The Department of community and Economic Development shall provide a written response to the complaint within fifteen (15) working days of the filing of the complaint. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no - 12 - e . further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 7. 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 this Ordinance. The City council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~.~ -- ROBERT M. MYERS U city Attorney - 13 - e e Adopted and approved this 28th day of February, 1989. . D~aYo~ . r I hereby certify that the foregoing Ordinance No. l467(CCS) was duly and regularly introduced at a meeting of the City Council on the 14th day of February 1989; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 28th day of February 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~~- '- ~ ~-/- ~ 'L;C~ ---- - ci ty c~rk -