(a)
The City shall create within the
Housing Trust Fund a new Homelessness Prevention and Affordable Housing
Fund.
(b)
The City shall also create a new
School Fund.
(c)
On an annual basis, the City shall deposit into the Homelessness Prevention and Affordable Housing Fund and the School Fund all funds collected pursuant to the Third Tier Tax Rate imposed by Section 6.96.020(c) that are in excess of six dollars for each one thousand dollars of consideration or property value, or fractional part thereof as follows:
(1)
The first ten million dollars of
funds to the School Fund;
(2)
The next forty million dollars of
funds to the Homelessness Prevention and Affordable Housing Fund;
and
(3)
Any funds above fifty million dollars
shall be deposited twenty percent to the School Fund and eighty percent
to the Homelessness Prevention and Affordable Housing Fund.
(Added by Measure GS, 11/8/22)
(a)
The City shall provide annually to
the Santa Monica Malibu Unified School District (SMMUSD) the funds
in the School Fund. The City is authorized to establish an agreement
with SMMUSD to provide for this contribution for use for school purposes
by the SMMUSD.
(b)
In the event of a unification of Malibu schools, the school district that serves residents of the City of Santa Monica shall receive all of the funds referenced in subsection (a) of this Section. In the event of a unification of Malibu schools, any school district that is located outside of Santa Monica is not entitled to any portion of these funds, regardless whether that district offers enrollment to any students that reside in Santa Monica. The City is authorized to modify any agreement(s) regarding the distribution of the funds under subsection (a) of this Section to direct the funds to the appropriate Santa Monica school district.
(c)
In enacting this Initiative, it is
the intent of the voters that any funds allocated to the SMMUSD or
any future school district pursuant to this Section should be additional
to, and not a replacement of, any funds the City otherwise provides
to the school district, including any funds provided according to
existing agreements or in accordance with prior advisory measures
regarding City funding for public education.
(Added by Measure GS, 11/8/22)
(a)
No more than six percent of the funds
deposited into the Homelessness Prevention and Affordable Housing
Fund annually may be used for compliance, implementation, and administration,
including, but not limited to, enforcement of the City's local system
of priorities among potentially eligible recipients and support for
the Resident Oversight Committee.
(b)
No less than thirty percent, and no more than fifty percent, of all funds deposited into the Homelessness Prevention and Affordable Housing Fund annually that are not used pursuant to subsection (a) of this Section, shall be used to provide ongoing or emergency income assistance to Santa Monica households that are both rent burdened and either extremely low income households, very low income households or low income households. Households with seniors, minor children or persons facing physical or mental challenges shall have priority in programs funded pursuant to the subsection.
(c)
No less than fifty percent of all funds deposited into the Homelessness Prevention and Affordable Housing Fund annually that are not used pursuant to subsection (a), shall be used to acquire and rehabilitate existing rental properties as deed-restricted affordable housing or to create new deed-restricted affordable housing for extremely low income households, very low income households, low income households or moderate income households. In addition, to the extent that funds allocated to ongoing or emergency income assistance pursuant to subsection (b) for a particular fiscal year are not spent during that fiscal year due to undersubscription in the programs funded under that subsection, those one-time unexpended funds shall be used in the next fiscal year for programs funded pursuant to this subsection (c).
(d)
To the extent funds are deposited into the Homelessness Prevention and Affordable Housing Fund annually that are not used pursuant to subsections (a) through (c) above, they may be used to fund: (1) programs and services designed to preserve the tenancies of or units serving extremely low income households, very low income households, low income households or moderate income households, including, but not limited to, code compliance enforcement, legal services or loans or grants for landlord earthquake retrofit or other unit improvements; or (2) a reserve fund for future funding of programs serving the purposes set forth in subsections (b) through (d).
(e)
In enacting this Initiative, it is
the intent of the voters that any funds allocated to the Homelessness
Prevention and Affordable Housing Fund should be additional to, and
not a replacement of, any funds the City otherwise provides for the
purposes described above, including any funds provided in accordance
with prior advisory measures regarding City funding for affordable
housing.
(Added by Measure GS, 11/8/22)
(a)
The City Council shall appoint a Resident Oversight Committee to make recommendations to the City Council for: (1) guidelines to govern the Homelessness Prevention and Affordable Housing Fund, including, but not limited to, guidelines regarding eligible expenditures, local priorities and preferences, funding award procedures, budgeting procedures, program evaluation procedures, and public reporting procedures; and (2) the allocation of annual funding among programs, consistent with Section 4.90.030. In making its recommendations, the Resident Oversight Committee shall consider, among other factors, the cost-effectiveness of programs.
(b)
The Resident Oversight Committee
shall consist of eleven members as follows:
(1)
Four members shall be members of
lower income households in Santa Monica, at least one of whom is a
participant in a locally funded rent subsidy program (such as the
Preserve Our Diversity programs), at least one of whom is a senior,
at least one of whom has minor children, at least one of whom faces
mental or physical challenges, and at least one of whom is formerly
homeless. At least two of these individuals must live in units that
are not deed-restricted and at least one must live in a unit that
is deed restricted.
(2)
Seven members of any income level,
including at least one member with expertise in affordable housing
financing, at least one member with expertise in affordable housing
development, at least one member with expertise in the legal field,
at least one member with accounting expertise, and at least one member
with expertise in homelessness prevention. If, after the City Council
undertakes its best efforts, there is no candidate with expertise
in one of the required fields, the Council may, at its discretion,
appoint a resident with a different expertise.
(3)
All members of the Resident Oversight
Committee, regardless of income level or category above, shall be
residents of Santa Monica. Registered lobbyists, and persons working
for organizations seeking funding from the Homelessness Prevention
and Affordable Housing Fund, are ineligible to serve on the Resident
Oversight Committee.
(4)
Two of the lower income household
members and three of the other members shall be appointed to an initial
two-year term upon formation of the Resident Oversight Committee.
All other members shall be appointed to an initial four-year term
upon formation of the Resident Oversight Committee. Appointments and
re-appointments after these initial terms expire shall be for four-year
terms.
(c)
The Resident Oversight Committee
shall meet no less than six times annually.
(Added by Measure GS, 11/8/22)
The City of Santa Monica's auditors
shall audit the Homelessness Prevention and Affordable Housing Fund
on an annual basis, and publicly provide the results of that audit
to both the Audit Subcommittee of the City Council and to the Resident
Oversight Committee.
(Added by Measure GS, 11/8/22)
The provisions of this Chapter 4.90 may not be amended absent a vote of the people of the City of Santa Monica.
(Added by Measure GS, 11/8/22)
To the extent the expenditure of any monies from the Homelessness Prevention and Affordable Housing Fund results in, or contributes to, the development, construction, or acquisition of low rent housing projects in the City of Santa Monica by public agencies, that development, construction, or acquisition is hereby deemed authorized by the People of Santa Monica, having been duly approved by a majority of qualified electors of the City of Santa Monica, and with such authorization constituting the approval required by Article XXXIV of the California Constitution. The development, construction, and/or acquisition of low rent housing units authorized by this Section shall be in addition to any other authorization of the development, construction, and/or acquisition of such housing by the voters of the City of Santa Monica before or after adoption of this Section. This Section in no way restricts or limits the City's authority to develop or assist in the development of housing that is not subject to Article XXXIV. This Section 4.90.070 shall be interpreted to maximize affordable housing production and acquisition. As used in this Section 4.90.070, the terms "public entity," "develop," "construct," "acquire," and "low rent housing projects" shall be interpreted in accordance with Article XXXIV of the California Constitution, California Health and Safety Code Section 37000 et seq., and any successor legislation thereto.
(Added by Measure GS, 11/8/22)
shall have the same meaning as in Section 50106 of the California
Health and Safety Code.
shall have the same meaning as in Section 50105 of the California
Health and Safety Code.
shall mean lower income households whose gross incomes exceed
the maximum for very low income households.
shall have the same meaning as in Section 50079.5 of the
California Health and Safety Code.
shall have the same meaning as the term "persons and families
of moderate income" as defined in Section 50093(b) of the California
Health and Safety Code.
(Added by Measure GS, 11/8/22)
If any Section, subsection, subdivision,
paragraph, sentence, clause or phrase of this Chapter or any part
thereof is for any reason held to be invalid, unlawful or unconstitutional,
such decision shall not affect the validity of the remaining portions
of this Chapter or any part thereof. The voters of the City of Santa
Monica hereby declare that they would have passed each Section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional.
(Added by Measure GS, 11/8/22)
