Loading...
SR-300-002-01 (30) e e '3po-OCJZ--o/ b-B ~- MO\J 9 \~82 CA:RMH:r city Council Meeting 11-9-82 Santa Mon1ca, California STAFF REPORT p-~L.: r.... r tJ I:=r..,. C ;._ { /" i ___ /~ ~....... .~ ~ L r' .S ~-; . \....._ :Cc/.~ . ~:J" <~-- ",,- . ~ L- (~~ l;Z If' ..... TO: Mayor and City Council FROB: City Attorney SUBJECT: Ordinance Establishing CDBG Program Procedures ano Policies At its meeting on October 26, 1982, the City Council introduced for f1rst reading an ordinance establishlng procedures and policies for the CDBG program. The ordinance is now presented to the City Council for adoption. REcor.u-mNDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. ~~ers, City Attorney 1 6-(3 NOV 9 1S32 e e .. DISTRIBUTION OF RESOLUTION # * ORDBiA\iCE it Council Meetlng Date 7l...{L~ 9 t I '7 tf ~ Introduced~ J,-~ b / (pc/- ;If:." i1f)- }t cZ- -. 1; / '7'? d-- Agenda Item # &-6 Adopted~ Was it amended" rvo VOTE ~ Affirmative: ;'IJegative~ Abstain' Absent: /. t..-I P L- ,r * ALWAYS pt13LISH fl.DOFrtED ORDINANCES ~.~ /2 } ~d/ ->t- Y c- DISTRIBUTION~ J~~~ ORIGINAL to be signed, sealed and filed in Vault. NEWSPAPER PUBLICATION (Date' ., ......- -; /Z-t"""'~. <" ( 1/ /9r d-- ) ) ~ Department originating staff report ( City Attorney (those with their codes) Agency mentioned lTI document or staff report 1 (certified") SubJect file (agenda packet) Counter file 1 1 Others: Airport Parking Auth. Auditorum Personnel BU11ding Dept. Planning Environ. Servo Police (en- forcement?) Finance Purchasing .. Fire Recr/Parks General Servo Transportation Library Treasurer Manager SEND FOU~ COPIES OF ALL ORDINA~CES TO: CODFD SYSTEMS, Attn Peter Maclearie PROFESSIONAL CENTER, RQUTE 71 BRIELLEl NEW JERSEY 08730 SEND FOUR COPIES OF AT.T. 0RnT~aNrF~ to: PRES ID DIG JUDGE SANTA ~IO~'iICA ~fU~ICIPAL COURT 1725 \1AI:-l STREET SANTA MONICA, CA 90401 TOTAL COPIES e e CA:RMM:r City Council ~eeting 11-9-82 Santa Monica, California ORDINANCE NUMBER 1261(CCS) (Citv Council Series) AN ORDIN~~CE OF THE CITY COV~CIL OF THE CITY OF SANTA MONICA ESTABLISHING POLICIES AND PROCEDURES FOR THE COMMUNITY DEVELOPMENT BLOCK GR&~T PROGRAM THE CITY COUNCIL OF ~HE CITY OF SANTA MONICA DOES ORDAI~ 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. Findinss. 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 e to provide grants to local cornmunit2es to meet housi~g and community development needs principally of low and moderate income persons. (c) The Housing and Community of 1981 have Development Amendments eliminated many requirements concerning applications and planning documents and the part1cipation of low and moderate income persons in the planning, development, and implementation of the Corrununity Program. (d) The City Council ~esires to Development Block Grant 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 th~s Chapter shall have the following meanings: (a) Low income person. A person having an annual income of not nore than 50% of the median income for the Los Angeles - Long Beach - Anaheim Standard Metropol~tan Statistical Area for a family of similar size as determined in accordance with the Housing and Cowmunity 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 Statist~cal Area for a family of similar size as determined 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 e e Communlty Development Block Grant Program, or an o~ner or occupant of housing ass1sted or rehabilltated because of the Community Development Block Grant Program, or an individual residing in a project area deriving benefits from a Community Development Block Grant activlty. A proJect area is a geograph- ical area determined by the City and need not be coterminous with census tract. (d) C~mrnunity 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. Pro~ram 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 policles set forth in this Chapter. (b) A progra~ or other activity funded by the Community Development Block Grant Program will be 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 activiies are low and moderate ~ncome persons. (e) Notwithstand~ng subdivision (b), the City Council may, upon a finding of important community need as set forth in the Community Development Plan, 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 activit1es, the 5 e e highest pr20rity shall be given to cost-effect~ve 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 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, lmprove neighborhood commercial activity in low and moderate inCOMe improve nelghborhoodsof opportunities the City, or for small businesses, cooperatives, or corrununity 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 yearts 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 e 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: (I) A description of the geographic boundaries of each program or activity the Clty intends to fund. (2) Using the best avallable data, a comprehensive assess~ent of the cOMmunity development needs of low and moderate income persons, including the social and economic characteristics of eac~ 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 affected by programs City intends to fund. be benefited or and actlvities the 8 e e ( 5 ) Th e :'lanner in which minority residents will be benefited or affected by programs and activities the C1ty intends to fund. (6) A detailed Housing Action Plan containing an accurate analysis of neighborhood the housing needs of each in which community Development Block Grant Program funds will be expended and an explanation of how Community Development Block Grant Program funds w111 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 programs and measures the City will undertake to prevent displacement of 9 e e low and moderate lncome persons fro~ thelr ne~ghborhoods. Section pation. (a) Public hearings required by thls Chapter shall be held at times and locations convenient to low and moderate 2Q44. 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 annual Community Development Plan, neighborhood hearings shall be held to receive comments on the community development activities of the City. (e) Upon completion of the proposed Community Development Plan, a city-wide publ~c 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 (d) ~otice of requ~red by this provided as follows: (1) At least 10 days prior to the pUblic hearing, notice shall be published in easily-readable type in the non-legal section of all newspapers of general circulation in the City. The notice shall indicate the date, time, any public hearing Chapter shall be 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 City, to moderate television of general circulat~on in the newspapers serving 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 pr10r to the pUblic hearing, not1ce of the date, tine, place, and purpose of the public hearing shall be mailed to any person who has requested to be placed on Citizen Part1cipation Mailing Llst 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 Co~unity Development Plan. (a) Prior to the submission to the United States Department of Houslng 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 t~e Community Develop~ent 310ck Grant Program. (b) Prior to taking actlon on the proposed Communlty Development Plan, the Clty Council shall hold at least one public hearing. Followlng the publlC 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 DevelopITent Plan shall be approvec following public hearing as provided for in this Chapter lf 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 prosram 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 Grant Program dur~ng the period covered by the report, including a descr~ptlon of the objectives that have been achleved, the aMount of service or assistance provided, the location or area wher~ service was provided, the total number of persons receivlng serVlce or assistance, and the total number of low and Moderate income persons assistance. receiving serVlce or (2) The total amount of funds expended for each program or activity during the perlod 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 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 prececting July 1 through Dece~ber 31. (2) On or before August 15 of each year covering the 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 activity Development Department Development response to Program or any program or funded by the Community Block Grant Program. The of Community and Economic shall provide a written the complaint within 15 working days complaint. of the filing of the 15 e e Section 2947. Information Avail- able to the Public. All records ~aintained by the City 10 connect1on w1th the Community Development Block Grant Program shall be available to the pUblic in accordance with the Californ1a Public Records Act. The City shall prov1de 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 Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of 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 e declared invalid or unconstltutional wlthout regard to whether any portion of the ordlnance would be subsequently declared invalld or unconstitutlonal. SECTION 4. The ~ayor shall sign and the City Clerk shall attest to the passage of this ordinance. This City Clerk shall cause the same to be publlshed once in the officlal newspaper within 15 days after its adoption. The ordlnance shall become effective after 30 days from its adoption. APPROVED-AS TO FORM: ~~~~~ Robert M. Myers City Attorney 17 e e ADOPTED AND APPROVED THIS 9th DAY OF 1\ovember , 1982. v2i 4...::.//c:li;ru-Z:7 (Y MAYOR ~ 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 October 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 ~fayor Yannatta Go1dway NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jennings ABSTAIN: COUNCIlMEMBERS: None ATTEST: r, ~ \ l \ ~ o IT CLERK