SR-300-002-01 (30)
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MO\J 9 \~82
CA:RMH:r
city Council Meeting 11-9-82
Santa Mon1ca, California
STAFF REPORT
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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
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DISTRIBUTION OF RESOLUTION #
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ORDBiA\iCE it
Council Meetlng Date
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Introduced~
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Agenda Item #
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Adopted~
Was it amended"
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VOTE ~
Affirmative:
;'IJegative~
Abstain'
Absent:
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* ALWAYS pt13LISH fl.DOFrtED ORDINANCES
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DISTRIBUTION~
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ORIGINAL to be signed, sealed and filed in Vault.
NEWSPAPER PUBLICATION (Date'
., ......- -;
/Z-t"""'~. <" ( 1/
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)
)
~
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
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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
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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
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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
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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
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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
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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
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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-
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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
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( 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
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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.
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(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.
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(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
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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
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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:
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(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
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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
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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
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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:
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o IT CLERK