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Record No: CB 118361    Version: 1 Council Bill No: CB 118361
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 4/20/2015
Ordinance No: Ord 124756
Title: AN ORDINANCE relating to funding for housing and community development programs; adopting the City of Seattle 2015 Annual Action Plan to the 2014 - 2017 Consolidated Plan for Housing and Community Development and authorizing its submission to the United States Department of Housing and Urban Development; authorizing acceptance of grant funds from that department for programs and activities included in the Annual Action Plan; modifying appropriations to various departments and budget control levels in the 2015 Adopted Budget; and ratifying and confirming prior acts, all by a three-fourths vote of the City Council.
Sponsors: Tim Burgess
Attachments: 1. Att 1: 2015 Annual Action Plan
Supporting documents: 1. Summary and Fiscal Note, 2. Briefing Memo, 3. Proposed Amendment (added 4/20/15), 4. Signed Ord 124756
CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to funding for housing and community development programs; adopting the City of Seattle 2015 Annual Action Plan to the 2014 - 2017 Consolidated Plan for Housing and Community Development and authorizing its submission to the United States Department of Housing and Urban Development; authorizing acceptance of grant funds from that department for programs and activities included in the Annual Action Plan; modifying appropriations to various departments and budget control levels in the 2015 Adopted Budget; and ratifying and confirming prior acts, all by a three-fourths vote of the City Council.
body
WHEREAS, the United States Department of Housing and Urban Development (HUD) has required each local jurisdiction seeking certain federal assistance to provide an annual action plan for its current Consolidated Plan for Housing and Community Development, which guides the allocation of funds from the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships Program, Emergency Solutions Grant Program (ESGP), and Housing Opportunities for Persons with AIDS ("HOPWA") Program; and
WHEREAS, Ordinance 124496 adopted the City's 2014 - 2017 Consolidated Plan for Housing and Community Development (the Consolidated Plan); and
WHEREAS, the Mayor has proposed a 2015 Annual Action Plan (AAP) to the Consolidated Plan; and
WHEREAS, a draft version of the AAP was released for public review and comment in March of 2015; and
WHEREAS, the AAP was developed with input from a number of publicly-vetted needs assessments and policy documents, and the AAP has been available for public review and comment for 30 days prior to submittal to HUD; and
WHEREAS,  Ordinance 124648 adopted the City's 2015 Annual Budget based upon assumptions about CDBG, HOME, ESG, and HOPWA grant amounts from HUD;
WHEREAS, the actual grant amounts from HUD differ from those assumptions; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1.  The Seattle City Council adopts the 2015 Annual Action Plan to the 2014 - 2017 Consolidated Plan for Housing and Community Development, attached to this ordinance as Attachment 1 (AAP).
Section 2.  The Mayor and the Director of Human Services (Director) and their designees are authorized to submit the adopted AAP, together with any necessary supplementary material, to the United States Department of Housing and Urban Development (HUD) as the application by the City for financial assistance under certain HUD programs; to represent the City in seeking HUD approval of the AAP; to make and submit to HUD such modifications to the AAP as HUD may require, provided that no substantial policy changes are involved; and to sign and deliver on behalf of the City such assurances and certifications as may be necessary to obtain HUD approval. The Director is further authorized to make such technical and conforming changes to the AAP as may be deemed reasonably necessary, and to amend the AAP, if necessary or appropriate under federal regulations, to reflect funding of specific activities, final appropriations in any Adopted Budget or amendments to an Adopted Budget, or changes in activities that are consistent with the policies and priorities established in the City's 2014 - 2017 Consolidated Plan for Housing and Community Development (Consolidated Plan).  Any substantial amendment as defined by the Citizen Participation Plan of the Consolidated Plan shall require approval by the Council by ordinance or resolution.
Section 3. The allocations set forth in the AAP do not constitute appropriations and are not final decisions to undertake any project or to award any subgrant or contract.  The authority of the respective City departments and offices to implement the activities set forth in the AAP is subject to sufficient appropriations in The City of Seattle 2015 Adopted Budget, as amended by this ordinance or in any separate ordinance. Implementation of any specific project or program is also subject to a final determination by the appropriate office or department after completion of any necessary review under environmental and related laws.  No part of the AAP is intended to confer any legal rights or entitlements on any persons, groups, or entities.
Section 4.  The Mayor or the Mayor's designee is authorized to execute, deliver, and perform for and on behalf of The City of Seattle such agreements as are reasonably necessary to accept financial assistance from HUD for the following grant programs up to the maximum amounts listed below:
Community Development Block Grant (CDBG)      $9,107,424
HOME Investment Partnership (HOME)      $2,262,246
Housing Opportunities for Persons with AIDS (HOPWA)        $1,770,821
Emergency Solutions Grant (ESG)      $833,959      
CDBG funds, when received, shall be deposited into the CDBG Main Fund (17810).  HOME funds, when received, shall be deposited into the HOME Subfund of the Low-Income Housing Fund (16490).  HOPWA and ESG funds, when received, shall be deposited into the Human Services Operating Fund (16200).  The Mayor or the Mayor's designee is further authorized to execute and deliver such other documents relating to the agreements as may be required.
Section 5. The appropriations for the following items in the 2015 Adopted Budget, which was enacted by Ordinance 124648, are decreased for the funds shown, as follows:
 
Item
Fund Name and Number
Department
Budget Control Level
Amount
5.1
Low Income Housing Fund(16400)
Executive
Low-Income Housing Fund (XZ-R1)
($404,685)
5.2
Community Development Block Grant Fund (17810)
Human Services Department
CDBG - Human Services (6HSD10)
($248,537)
      
      Section 6. The appropriations for the following items in the 2015 Adopted Budget, which was enacted by Ordinance 124648, are increased for the funds shown, as follows:
Item
Fund Name and Number
Department
Budget Control Level
Amount
6.1
Human Services Operating Fund (16200)
Human Services Department
Transitional Living and Support (H30ET)
$44,782
 
      Section 7. Unspent funds so appropriated in this ordinance shall carry forward to subsequent fiscal years until they are exhausted or abandoned by ordinance.  In accordance with RCW 35.32A.060,  the foregoing appropriations are made to meet actual necessary expenditures of the City for which insufficient appropriations have been made due to causes which could not reasonably have been foreseen at the time of the making of the 2015 Budget.
      Section 8.  Execution of the agreements authorized in Section 4 of this ordinance, and other acts pursuant to the authority and prior to the effective date of this ordinance, are ratified and confirmed.
 
 
Section 9.  This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
      Passed by a three-fourths (3/4) vote of all the members of the City Council the ____ day of ________________________, 2015, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2015.
 
                                    _________________________________
                                    President __________of the City Council
 
      Approved by me this ____ day of _____________________, 2015.
 
                                    _________________________________
                                    Edward B. Murray, Mayor
 
      Filed by me this ____ day of __________________________, 2015.
 
                                    ____________________________________
                  Monica Martinez Simmons, City Clerk
(Seal)
 
Attachment 1: 2015 Annual Action Plan to the 2014 - 2017 Consolidated Plan for Housing and Community Development