SR-300-002-01 (29)
.
.
30o--ooz-o/
~~
CA:RMM:rmd838a/hpca
City Council Meeting 2-28-89
Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Amendlng Santa Monica Municipal Code
Sections 2940, 2942, 2943, 2944, and 2946 Relating
to Procedures and Polices of the Community
Development Block Grant Program
At lts meeting on February 14, 1989, the City council
introduced for first reading an ordinance amending Santa Monica
Municipal Code sections 2940, 2942, 2943, 2944, and 2946 relating
to policies and procedures for the Community Development Block
Grant Program.
The ordinance is now presented to the city
Council for its adoptlon.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
Barbara stinchfield, Community Development
Manager
b-B
FEB 2 8 1989
.
.
CA:RMM:rmd837/hpca
City council Meeting 2-28-89
Santa Monica, california
ORDINANCE NUMBER
(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 Monlca 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 Unlted 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 -
.
.
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 24 Santa Monl.ca Municipal Code Section 2942 is
amended to read as follows:
- 2 -
. .
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
proj ect or acti vi ty funded by the
Community Development Block Grant Program
shall give maximum priorlty 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 wl11 not be considered to
prlmarily benefit low and moderate income
persons unless:
(1) At least 75% of its
dlrect beneficiaries are low and moderate
income persons; or
(2) At least 51% of the
population of the project area benefited
by the acti vi ties are low and moderate
income persons.
ec) Notwithstanding subdivision
(b), the City Council may, upon a finding
of important community need as set forth
in the Communlty Development Plan,
- 3 -
.
.
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
hlghest priority shall be given to cost
effective programs that expand affordable
housing opportunities to low and moderate
income persons or that improve the
abllity 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 lndustrial 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 -
.
.
be allocated to and expended in proj ect
areas composed of at least 51% low and
moderate incone 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 activlty in low and moderate
income neighborhoods of the City, or
improve opportunities for small
businesses, cooperat1ves, 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 -
.
.
(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 beneflt
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 -
.
.
(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
beneflted or affected by programs and
actlvities the City intends to fund.
(4) The manner in which
nelghborhoods will be benefited or
affected by programs and activities the
City intends to fund.
(5) The manner in which
mlnority residents will be benefited or
affected by programs and activities the
City intends to fund.
(6) The amount of money the
Clty 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 -
.
.
SECTION 2944.
pation.
(a) PubllC hearings required by
this Chapter shall be held at times and
locations convenient to low and moderate
Citizen partici-
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 community Development Plan, a
communi ty-wide meetlng shall be held to
receive comments on the community
development actlvities of the city.
(c) Upon completion of the
proposed community Development Plan, it
shall be released to the public no later
than twenty-eight (28) days prior to city
Council action on the Plan in accordance
Wl th section 2945.
A community rev iew
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 -
.
.
day of the 14th day of the community
review period shall be transmitted to the
City Council.
(d) Notlce 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 lndicate 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 descrIblng the purpose of the
hearing shall be distributed to
newspapers of general circulation in the
Clty, 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 -
.
.
the date, time, place, and purpose of the
public hearlng.
( 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 Cl tizen Part~cipation 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
to this Chapter does not affect the
val~dity 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 wi th 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 -
.
.
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
Sectlon 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 -
.
.
(c) On or before January 31st of
each year, the C1ty 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 lnterested person may file
with the Department of Community and
Economic Development a written complaint
concernlng 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 wri tten
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 -
.
.
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
jurisdlction, such decision shall not affect the validity of the
remainlng 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 lnvalid or unconstl.tutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstltutional.
SECTION 8.
The Mayor shall sign and the city Clerk shall
attest to the passage of thlS 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 -