Attachment D
City Council Meeting: April 11, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 2.70
TO CREATE THE CLIENT ADVISORY BOARD (CAB)
WHEREAS, Housing Authority of the City of Santa Monica (“SMHA”) was created on January 7, 1975, as the governing agency to administer the federal funds allocated to the SMHA by the United States Department of Housing Community Development (“HUD”) to assist the City’s low-income residents in obtaining rental housing; and
WHEREAS, the SMHA administers approximately 1,675 rental assistance vouchers to extremely low-, very low-, and low-income Santa Monica households amongst five federal housing programs (Housing Choice Voucher (HCV); Continuum of Care (CoC); HOME Investment Partnerships Program (HOME); Veterans Affairs Supportive Housing (VASH), and Emergency Housing Voucher (EHV)); and
WHEREAS, each year, the SMHA must submit to HUD an Annual Plan, reporting progress made towards the goals identified in the SMHA’s prior adopted 5-Year Plan, and presenting any changes to the Administrative Plan (which contains the federal regulations, discretionary policies, and some local procedures that govern the SMHA’s operations), seventy-five days before the beginning of the fiscal year; and
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WHEREAS, every five years the SMHA must also submit a 5-Year Plan to HUD within the same deadline. Together, the 5-year Plan, Annual Plan, and Administrative Plan (collectively, the “SMHA Plans”) represent the SMHA’s Annual Plan process; and WHEREAS, the SMHA Board will consider the SMHA’s Fiscal Year (FY) 2023-24 Annual Plan on April 11, 2023; and
WHEREAS, federal law requires the SMHA to provide opportunities for public participation, including federally assisted residents, during the development of the SMHA Plans; and
WHEREAS, federal law contemplates that participation by federally assisted residents will occur through the SMHA’s establishment of one or more Resident Advisory Boards (RABs); and WHEREAS, the purpose of these RABs is to provide the SMHA and federally assisted residents with a forum for sharing information about the SMHA Plans before they are adopted; and
WHEREAS, federal law does not specify how a RAB must be formed or governed; however, HUD has provided significant policy guidance, recognizing that the form of the RAB should be flexible enough to ensure participation by resident stakeholders, depending upon the nature of their interests; and
WHEREAS, with one exception, federal law also requires that the governing board of the PHA must have not less than one eligible RAB member, who must be a Section 8 program recipient. (24 CFR § 964.415(a); § 964.420); and
WHEREAS, HUD provides policy guidance in numerous publications about RAB formation and membership, the most comprehensive of which is the Public Housing [PHA] Plan Desk Guide (Chapter 4); and
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WHEREAS, the Desk Guide states that a Public Housing Authority (PHA) has discretion “in determining the method of appointment of RABs, as long as the PHA ensures that its RAB or RABs reflect and represent all the residents assisted by the PHA”; and WHEREAS, Because the SMHA does not own or operate any public housing, the SMHA is considered is a “Section 8-only PHA”; and
WHEREAS, according to the Desk Guide (p. 94), "Section 8-only PHAs have discretion in the RAB appointment process. Participation in a RAB is limited only to residents that are assisted under federally assisted public housing and the Section 8 tenant-based program;” and WHEREAS, only Section 8 recipients are eligible to serve on the SMHA Board as to the single RAB member required by federal law to be included on the SMHA Board; and WHEREAS, the Desk Guide (p. 95) also provides that if the PHA is not successful in establishing a RAB, it may appoint all of the agency’s assisted residents as members of the RAB; and
WHEREAS, the SMHA RAB is currently comprised of all Section 8 residents based upon HUD guidance; and
WHEREAS, City Charter section 1000 also authorizes the City Council to create by ordinance such additional advisory boards or commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of the City Charter; and
WHEREAS, while the City and SMHA are legally distinct bodies with different legal mandates, there does not appear to be any conflict if the City Council adopts an ordinance creating a RAB as a City board and commission; and
WHEREAS, in 2022, Council directed staff to present its best recommendation for the formation of an inclusive Client Advisory Board (CAB) to supplement and/or replace the current RAB, which is currently comprised of all the SMHA’s Section 8 voucher holders; and Attachment D
WHEREAS, Council desires that the CAB function as the RAB, but include all federally assisted residents (including HCV, CoC, HOME, VASH, and EHV voucher holders) instead of just Section 8 HCV voucher holders; and
WHEREAS, the SMHA has historically included provisions relating to its administration of all federally assisted voucher holders (versus just HCV holders) in its SMHA Plans, and HUD has never taken exception to this; and
WHEREAS, given the flexibility in federal law regarding the formation and governing structure of the RABs, there does not appear to be a legal conflict in including other federally assisted residents in the CAB, as long as the CAB functions equivalently to a RAB; and WHEREAS, due to federal requirements, at least one Section 8 voucher holder in the CAB must serve on the SMHA Board; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.70 of the Santa Monica Municipal Code is hereby added as follows:
CHAPTER 2.70 CLIENT ADVISORY BOARD
2.70.020 Creation of the Client Advisory Board
(a) Pursuant to Section 1000 of the Santa Monica City Charter, a Client Advisory Board (CAB) is hereby established. The membership of the CAB shall consist of seven members chosen by appointment of the Housing Authority Board. None of the members shall hold any paid office or employment in City of Santa Monica government. (b) No less than two of the CAB members shall consist of Section 8 Housing Choice Voucher recipients residing in the City of Santa Monica.
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(c) Two of the CAB members shall be appointed by the Housing Authority Board for two-year terms as Housing Authority Board members, with terms commencing at the next scheduled CAB meeting after appointment provided however, that no less than one appointed member shall be a Section 8 Housing Choice Voucher recipient. (d) The seven CAB members shall serve four-year terms, or until such time as the appointments by the Housing Authority Board are completed. (e) The CAB shall meet on a quarterly basis with the option to meet more frequently, when necessary, via designation of a special meeting and in accordance with the Brown Act. Further, the CAB may establish ad hoc or standing committees that may meet more frequently than quarterly.
(f) The CAB shall be subject to City Resolution No. __________ establishing rules and procedures for the City’s Board and Commissions, as updated from time to time.
2.62.040 Powers and duties of the CAB
The CAB shall have the power and be required to:
(a) Provide recommendations and/or input to the SMHA on the SMHA Plan process within the 45-day public comment period, in accordance with federal requirements. The CAB would provide input to the SMHA specifically on the subject matters that pertain to:
i. the development of the Annual Plan
ii. the development of the 5-Year Plan
iii. amendments/progress to the 5-year Plan
iv. recommendations/input on policy changes to the Administrative Plan, and Attachment D
v. comment on the SMHA’s discretionary policy changes to the Administrative Plan (if any).
(b) Support the SMHA during the PHA Plan/ Annual Plan Process by using at least one of the four designated yearly meetings to act as a forum for voucher participants/public to provide input during the public comment period of the Annual Plan process.
(c) Consult with and maintain contact with the SMHA staff, voucher participants, groups, and individuals regarding the SMHA’s voucher programs. (d) Provide a written report on its activities to the SMHA Board on an annual basis.
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, is hereby repealed or modified to that extent necessary to effect 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 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 4. 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.
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APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney