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JOINT MEETING: GLENDALE CITY COUNCIL AND GLENDALE HOUSING AUTHORITY
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MARCH 28, 2023
ROLL CALL
-
3:00 PM
-
Report of the City Clerk of the City Council and Housing Authority, re: Posting of Agenda.
The Agenda for the Tuesday, March 28, 2023 joint public meeting of the City Council and Housing Authority was posted on Thursday, March 23, 2023 , on the Bulletin Board outside City Hall.
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A
JOINT PUBLIC MEETING
of the City Council and Housing Authority is hereby called to meet at
3:00 PM
on
Tuesday, March 28, 2023
, in the Council Chamber, 613 E. Broadway,
2nd Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. Community Development, re: Establishment of the Burbank-Glendale-Pasadena Regional Housing Trust, a Joint Powers Agency, Created Pursuant To Senate Bill No. 1177, and Appointment of Council Member to Serve as a Representative to the Burbank-Glendale-Pasadena Regional Housing Trust Board, Along with a Designated Alternate.
a. City Council Resolution Approving the Establishment of the Burbank-Glendale- Pasadena Regional Housing Trust, a Joint Powers Authority, Created Pursuant To Senate Bill No. 1177; and
b. City Council Motion Appointing a Council Member to Serve as a Board of Director Representative to the Burbank-Glendale-Pasadena Regional Housing Trust Board Along with a Designated Alternate.
2. Community Development, re: Public Hearing on Submission of Substantial Amendment to the CDBG, ESG, and HOME 2021-2022 Annual Action Plan, allocating HOME-ARP funds in the amount of $5,109,346
a. City Council Motion to approve a Substantial Amendment to CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022, allocating HOME-ARP funds in the amount of $5,109,346, and to authorize submission of the FY 2021-22 Annual Action Plan Substantial Amendment to the U.S. Department of Housing and Urban Development; and b. Housing Authority Motion to approve a Substantial Amendment to CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022, allocating HOMEARP funds in the amount of $5,109,346, and to authorize submission of the FY 2021-22 Annual Action Plan Substantial Amendment to the U.S. Department of Housing and Urban Development
ADJOURNMENT
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1 CITY OF GLENDALE, CALIFORNIA
REPORT TO THE JOINT MEETING OF THE GLENDALE CITY
COUNCIL AND GLENDALE HOUSING AUTHORITY
AGENDA ITEM
Report: Establishment of the Burbank-Glendale-Pasadena Regional Housing Trust, a Joint Powers Agency, Created Pursuant To Senate Bill No. 1177, and Appointment of Council Member to Serve as a Representative to the Burbank-Glendale-Pasadena Regional Housing Trust Board, Along with a Designated Alternate.
1. City Council Resolution Authorizing Execution of Joint Exercise of Powers Agreement to Establish the Burbank-Glendale-Pasadena Regional Housing Trust, a Joint Powers Agency, Created Pursuant To Senate Bill No. 1177; and
2. City Council Motion Appointing a Council Member to Serve as a Board of Director Representative to the Burbank-Glendale-Pasadena Regional Housing Trust Board Along with a Designated Alternate.
COUNCIL ACTION
Item Type: Action Item
Approved for March 28, 2023 calendar
EXECUTIVE SUMMARY
SB 1177, passed by the California State legislature and signed into law by the Governor in August 2022, authorized the creation of the Burbank-Glendale-Pasadena Regional Housing Trust (BGPRHT). The bill authorizes the BGPRHT to fund the planning and construction of housing, receive public funds, and authorize and issue bonds for the purposes of funding affordable housing for people of extremely low, very low, low, and moderate-income households. Additionally, an appropriation of $23 million was made in the state budget to the BGPRHT for said purposes.
The legislation allows the three cities to enter into a joint powers agreement and develop bylaws1 for the regional housing trust. The BGPRHT will be a critical tool to generate funding to the tri-city area for the creation of affordable housing. A draft Joint Exercise of Powers Agreement, attached as Exhibit 1, establishing the BGPRHT has been prepared jointly by the staff of the three cities. If the Glendale City Council (along with the councils of Burbank and Pasadena) approves establishment of the BGPRHT, the Joint Exercise 1 Bylaws are a set of rules or regulations adopted by an organization for internal management -- in this case, the management of the BGPRHT.
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5 of Powers Agreement (JPA) will be finalized and executed. Along with establishment of the BGPRHT, staff is also requesting that an appointment be made for a City Council member to serve as a Board of Director representative to the BGPRHT, along with a designated Alternate.
Once the JPA is established and appointments to the BGPRHT Board of Directors (Directors) are made, the Directors will meet and move forward with the finalization of Bylaws (draft attached as Exhibit 2) and the Operations Agreement that will outline all parameters and methodologies to utilize and award BGPRHT funds for the development of affordable housing in the tri-city area, as well as the staffing and day to day operations of the BGPRHT.
COUNCIL PRIORITIES
Housing: The Burbank-Glendale-Pasadena Regional Housing Trust will fund new quality affordable housing projects in Glendale, as well as within nearby Burbank and Pasadena.
RECOMMENDATION
That the City Council adopt a Resolution authorizing establishment of the Burbank- Glendale-Pasadena Regional Housing Trust Joint Powers Agency and approve a Motion appointing a City Council member as representative to the Burbank-Glendale-Pasadena Regional Housing Trust Board of Directors, along with a designated Alternate.
BACKGROUND
SB1177, signed into law by the Governor in August 2022, created the BGPRHT, a joint powers authority/agency, by and between the cities of Burbank, Glendale, and Pasadena, with the stated purpose of funding housing to assist the homeless population or for persons and families of extremely low, very low, low, and moderate income. The bill authorizes the BGPRHT to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds. The bill also requires that a Joint Exercise of Powers Agreement establishing the BGPRHT incorporate specified annual financial reporting and auditing requirements.
Based upon that criterion, staff of the three agencies have worked collaboratively to propose a Joint Exercise of Powers Agreement (JPA) for the approval of the respective city councils. The JPA establishes the BGPRHT per State law under the following categories:
1. Creation and Purpose;
2. Term of the BGPRHT;
3. Powers and Duties;
4. Members;
5. Board of Directors;
6. Additional Officers and Employees;
7. Financial Provisions;
8. Amendment Procedures;
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5 9. Non-Liability for Obligation Provisions;
10.Withdrawal of Parties Provisions;
11.Notices; and
12.Miscellaneous Provisions.
Highlights of the JPA include the following:
•Once established, the BGPRHT can be terminated by agreement of all parties, subject to the retirement of all outstanding loans and bonds. •If terminated, the assets of the BGPRHT would be distributed to the members in proportion to contributions.
•In addition to funding and financing affordable housing, the BGPRHT has the ability to:
1. Enter into contracts;
2. Contract and hire staff and consultants;
3. Sue and be sued;
4. Receive funding;
5. Invest funding;
6. Apply for letters of credit;
7. Incur debt;
8. Employ legal counsel and other professional services;
9. Enforce affordable housing covenants;
10.Rent space; and
11.Acquire, hold, or dispose of property.
•Additionally, the BGPRHT cannot:
1. Regulate land use;
2. Incentivize or exact impact fees;
3. Require Inclusionary Zoning;
4. Fund a project that is not supported by the Party whose jurisdiction the project is proposed to be located in; and
5. Require housing quotas on the Parties.
•The BGPRHT will be governed by a Board of Directors comprised of 3 Directors, each of which serving as an elected (city council member) from each Party, along with a designated Alternate.
•Directors shall serve 2-year terms.
•Directors are constrained by a 2-term limit.
•Directors shall serve without compensation, but may be reimbursed for any expenses incurred in connection with service to the BGPRHT. •Meetings will be held and conducted in accordance with the Brown Act. •Budget and auditing procedures must be implemented and conducted annually. •Debt, liabilities, and obligations of the BGPRHT are not considered debts, liabilities, and obligations of the Parties.
•A Party may withdraw from the BGPRHT upon adoption of resolution of the BGPPRHT.
Staff is requesting that the City Council make a Councilmember representative appointment to the BGPRHT Board, along with a designated Alternate. The City of 5 of 68
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5 Pasadena has already made their Board appointment and the City of Burbank is scheduled to make (or has already made) their Director appointment as well.
Once the BGPRHT Board of Directors are in place and adopt bylaws, the next step will be to develop an Operations Agreement to flesh out and formalize the activities of the BGPRHT as outlined in the legislation:
a) Fund the planning, acquisition, and construction of housing of all types and tenures for the homeless population and persons and families of extremely-low, very-low, low and moderate income, including but not limited to permanent supportive housing.
b) Receive public and private financing and funds.
c) Authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by the BGPRHT.
There are several areas to be negotiated in an Operations Agreement. Including, but not limited to: 1) fair share of funds to each city; 2) criteria for distributing funds; and 3) program management and staffing. Staff from all three cities recommend utilizing a consultant to assist with the development of an Operations Agreement to ensure an equitable agreement for all parties. Furthermore, a consultant could assist with the recruitment and selection of BGPRHT staff if that is agreed to in the Operations Agreement. As of the writing of this report, a Request for Proposals (RFP) has been issued. Proposals received will be presented to the BGPRHT Board for review and selection. If the Board agrees to utilize a consultant and makes a selection, the consultant will be funded through the initial funding allocation to the BGPRHT.
NEXT STEPS
Once the JPA is executed and all members are appointed to the BGPRHT Board, the first meeting will be scheduled by staff. The following is a tentative timeline for the continued formation of the BGPRHT.
•April 2023: 1) First BGPRHT Board Meeting
2) Appointment of Chairperson and Vice Chairperson
3) Possible selection of a consultant
•May – June 2023: Development of Operations Agreement
•July 2023: First Round of Projects Funded
Staff will return with updates to the City Council throughout the process.
ANALYSIS
The BGPRHT will provide a new funding source of affordable housing both for, and controlled by, the tri-city area. Utilizing seed money provided by the State of California, the BGPRHT can fund affordable housing projects in each of the respective cities and utilize contract staffing to operate the Trust, while also seeking additional revenue for ongoing operations. Establishment of the BGPRHT does not preclude the individual cities from pursuing their respective independent housing projects or preclude them from obtaining direct allocation of affordable housing funding, either individually or through 6 of 68
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5 other Trust organizations, such as the soon to be established Los Angeles County Affordable Housing Solutions Agency (LACAHSA).
STAKEHOLDERS/OUTREACH
No stakeholder outreach was conducted or deemed necessary for the action of establishing the Burbank-Glendale-Pasadena Regional Housing Trust and appointing City representatives for such.
FISCAL IMPACT
There is no Fiscal Impact related to the actions proposed for the Burbank-Glendale- Pasadena Regional Housing Trust. Trust funding is separate from City funds and staff and consulting costs will be contracted out by the Directors.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
Staff has determined that establishment of the BGPRHT is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15320 (changes in organization of local agencies). This exemption applies whenever local governmental agencies are organizing and this organization does not change the geographical area in which previously existing powers are exercised, and includes as an example, the creation of a subsidiary organization or consolidation of organizations having identical powers. Moreover, the establishment of the BGPRHT is exempt under Section 15061(b)(3), as the mere creation of the BGPRHT will not allow for or promote physical changes in the environment and, therefore, it can be seen with certainty that there is no possibility that the establishment of the BGPRHT may have a significant effect on the environment. Further, the activity is arguably not a Project under CEQA and is therefore not subject to CEQA review pursuant to CEQA Guidelines, Sections 15378(a) & 15378(b)(4), because it does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and because it constitutes creation of a government funding mechanism or governmental fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The establishment of the BGPRHT does not apply to or authorize any specifically identified affordable housing projects and as such, it is speculative to evaluate any such future project now and, moreover, any such projects will be subject to appropriate environmental review at such time as approvals for those affordable housing project are considered; and/or is not intended to, nor does it, provide CEQA clearance for future development- related projects by mere establishment of the BGPRHT. Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements. 7 of 68
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5 ALTERNATIVES
Alternative 1: Approve the establishment of the Burbank-Glendale-Pasadena Regional Housing Trust and Appoint a Council member and alternate to serve as a representative(s).
Alternative 2: Reject approval of the establishment of the Burbank-Glendale-Pasadena Regional Housing Trust. The BGPRHT would then not be formed and the City would miss out on funding for affordable housing projects.
Alternative 3: Any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Peter Zovak, Assistant Director
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Draft Joint Exercise of Powers Agreement
Exhibit 2: Draft Bylaws
Exhibit 3: Senate Bill No. 1177 (text)
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE
AUTHORIZING EXECUTION OF A JOINT EXERCISE OF POWERS
AGREEMENT TO ESTABLISH THE BURBANK-GLENDALE-PASADENA
REGIONAL HOUSING TRUST, A JOINT POWERS AGENCY CREATED
PURSUANT TO SENATE BILL NO. 1177
WHEREAS, California Government Code sections 6500 et seq. ("Joint Exercise of Powers Act" or "Act") permits two or more public agencies to create a joint powers authority for the purposes cited herein, and permits such agencies to exercise jointly any power that the public agencies could exercise separately; and WHEREAS, California Government Code section 6539.8 authorizes the cities of Burbank, Glendale, and Pasadena to create a joint powers agency known as the Burbank-Glendale-Pasadena Regional Housing Trust ("BGPRHT"), which may do any of the following: 1) fund the planning and construction of housing of all types and tenures, including but not limited to, housing for the homeless population, and/or for persons and families of extremely low, very low, low income, and moderate income, as defined in section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing; 2) receive public and private financing and funds; and, 3) authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by BGPRHT; and
WHEREAS, the City of Glendale is authorized to take such actions as those that promote the public health, safety and welfare of residents; and WHEREAS, there is a statewide shortage of affordable housing as a result of various causes; and
WHEREAS, the City of Glendale is committed to providing additional housing opportunities and reducing homelessness in a coordinated and comprehensive manner; and
WHEREAS, an adequate supply of housing will provide social and economic benefits to residents and taxpayers of the City of Glendale; and WHEREAS, the City of Glendale has the power to fund the planning and construction of affordable housing projects within its jurisdictional boundaries and to carry out all of the purposes set forth in California Government Code section 6539.8, but finds it in its best interest to enter into a Joint Exercise of Powers Agreement to establish the BGPRHT in order to provide a coordinated response to addressing shortages in workforce housing, affordable housing, and supportive housing in the City and in the neighboring cities of Burbank and Pasadena; and
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WHEREAS, additionally, the City of Glendale wishes to establish the BGPRHT to promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of public and private funds, when available, to efficiently accelerate housing for homeless, moderate, low, very low and extremely low-income individuals and families; and WHEREAS, the establishment of the BGPRHT shall not in any way be interpreted to limit the City of Glendale’s authority over land-use decisions within its respective jurisdiction, including, but not limited to, whether any project or program supported by BGPRHT is to be implemented within the City; and
WHEREAS, the Council has reviewed and considered the draft Burbank- Glendale-Pasadena Regional Housing Trust Joint Exercise of Powers Agreement, attached as Exhibit 1 to the March 28, 2023 report to the joint meeting of the Glendale City Council and Glendale Housing Authority (“Report”), the contents of the Report, and the recommendation of staff to enter into the Agreement and establish the BGPRHT; and
WHEREAS, the Council has found that authorizing the City Manager, or his designee, to enter into the Joint Exercise of Powers Agreement to establish the BGPRHT promotes and protects the public health, safety, comfort, convenience, and general welfare of the community as a whole; and WHEREAS, the Council has reviewed and considered exemption(s) under the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) for the establishment of the BGPRHT (“Project”) pursuant to Section 15320 (changes in organization of local agencies) and Section 15061(b)(3), (that the mere creation of the BGPRHT will not allow for or promote physical changes in the environment and, therefore, it can be seen with certainty that there is no possibility that the establishment of the BGPRHT may have a significant effect on the environment); and has also reviewed and considered that the activity is not a Project under CEQA and is therefore not subject to CEQA review pursuant to CEQA Guidelines, Sections 15378(a) & 15378(b)(4), because it does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and because it constitutes creation of a government funding mechanism or governmental fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; and has also reviewed and considered that the establishment of the BGPRHT does not apply to or authorize any specifically identified affordable housing projects and as such, it is speculative to evaluate any such future project now and, moreover, any such projects will be subject to appropriate environmental review at such time as approvals for those affordable housing project are considered; and/or has reviewed and considered that the Project is not intended to, nor does it, provide CEQA clearance for future development-related projects; and after such review and consideration, finds the Project exempt from further environmental review. 10 of 68
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF GLENDALE AS FOLLOWS:
Section 1. The recitals set forth above are true and correct.
Section 2. The City Manager, or his designee, is authorized to enter into a Joint Exercise of Powers Agreement to establish the BGPRHT and the City of Glendale’s membership in the BGPRHT, in substantially the same form as that which is attached as Exhibit 1 to the Report; the City Manager or his designee is further authorized to execute any subsequent amendments to such Joint Exercise of Powers Agreement, as may be required from time to time.
This resolution shall become effective immediately upon adoption.
Adopted this day of , 2023.
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF GLENDALE )
I, SUZIE ABAJIAN, Ph.D., Clerk of the City of Glendale, certify that the foregoing Resolution was adopted by the Council of the City of Glendale, California, at a regular meeting held on the ______day of _________, 2023, and that same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_________________________
City Clerk
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MOTION
Moved by Council Member ____________________________, seconded by Council Member ____________________________, that the City Council has reviewed the March 28, 2023, staff report to the Joint Meeting of the Glendale City Council and Glendale Housing Authority from the Assistant Director of Community Development regarding establishment of the Burbank-Glendale-Pasadena Regional Housing Trust ("BGPRHT"), and hereby appoints the following Council Member to serve as a Board of Director Representative to the BGPRHT, as well as the following Council Member to serve as a Designated Alternate to the BGPRHT:
City Council Board of Director Representative to BGPRHT: ______________________; City Council Designated Alternate to BGPRHT: _______________________________.
Vote as Follows:
Ayes:
Noes:
Absent:
Abstain:
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3 BURBANK-GLENDALE-PASADENA REGIONAL HOUSING TRUST JOINT EXERCISE OF
POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is made this _______ day of _____________, 2023 (the "Effective Date"), by and between the City of Burbank, City of Glendale, and City of Pasadena (hereafter, individually, a “Party” and collectively, the "Parties").
RECITALS
A. The Parties are authorized to take such actions that promote the public health, safety and welfare of residents.
B. The Parties acknowledge that a shortage of affordable housing exists as a result of various causes.
C. The Parties are committed to providing additional housing opportunities and reducing homelessness in a coordinated and comprehensive manner.
D. The Parties acknowledge that an adequate supply of housing will provide social and economic benefits to residents and taxpayers of each Party.
E. Each Party has the individual power to fund the planning and construction of affordable housing projects within its jurisdictional boundaries and to carry out all of the purposes of this Agreement.
F. The Parties find it in their mutual interest to enter into this Agreement to provide a coordinated response to addressing shortages in workforce housing, affordable housing, and supportive housing in the Parties’ respective jurisdictions.
G. California Government Code sections 6500 et seq. ("Joint Exercise of Powers Act" or "Act") permits two or more public agencies to create a joint powers authority for the purposes cited herein, and permits such agencies to exercise jointly any power that the public agencies could exercise separately.
H. California Government Code section 6539.8 authorizes the Cities of Burbank, Glendale, and Pasadena to create a joint powers agency known as the Burbank-Glendale-Pasadena Regional Housing Trust ("BGPRHT"), which may do any of the following:
1. fund the planning and construction of housing of all types and tenures, including but not limited to, housing for the homeless population, and/or for persons and families of extremely low, very low, low income, and moderate income, as defined in section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive 13 of 68
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3 housing;
2. receive public and private financing and funds; and
3. authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by BGPRHT.
I. The Parties are establishing the BGPRHT to promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of public and private funds, when available, to efficiently accelerate housing for homeless, moderate, low, very low and extremely low-income individuals and families.
J. This Agreement shall not in any way be interpreted to limit any Party’s authority over land-use decisions within their respective jurisdictions, including, but not limited to, whether any project or program supported by BGPRHT is to be implemented within such Party’s jurisdiction.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows:
Section 1. Creation and Purpose.
a) Creation of BGPRHT. Pursuant to the Joint Exercise of Powers Act, including Section 6539.8 of the Government Code, there is hereby created a public entity to be known as the "Burbank- Glendale-Pasadena Regional Housing Trust." BGPRHT shall be a public entity separate and apart from the Parties, and shall administer this Agreement. b) Purpose. This Agreement is made pursuant to the Joint Exercise of Powers Act for the purpose of creating BGPRHT as a public entity separate from the Parties to: (i) exercise common powers with respect to providing funding for the planning and construction of housing of all types and tenures including but not limited to, housing for the homeless population and/or for persons and families of extremely low, very low, low income, and moderate income, as defined in section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing; (ii) receive public and private financing and funds; and (iii) authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by BGPRHT. The purpose of this Agreement shall be accomplished and common powers exercised in the manner set forth in this Agreement.
Nothing contained in this Agreement shall preclude any Party from establishing, maintaining or providing social programs or services to its respective residents as it deems proper and necessary.
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3 Section 2. Term and Termination.
a) Term. This Agreement shall become effective, and BGPRHT shall come into existence, on the Effective Date, which date shall be the date upon which this Agreement has been approved by each of the three Parties, and this Agreement shall thereafter continue in full force and effect until terminated pursuant to subdivision (b) of this section. b) Termination. This Agreement may be terminated by agreement of all the Parties, but shall remain in full force and effect until all bonds or BGPRHT liabilities have been paid. Upon such liabilities being paid, the assets of BGPRHT shall be distributed to the Parties in proportion to the contributions of each Party to BGPRHT and the amounts paid by each Party in connection with BGPRHT's activities.
Section 3. Powers and Duties of BGPRHT.
a) General Powers. BGPRHT shall have all the powers common to the Parties to this Agreement necessary or convenient, specified or implied, to accomplish the purpose of this Agreement, as set forth in Section 1, subject to the restrictions set forth in Section 3, subdivision (c) below.
Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act, including without limitation all powers set forth in Government Code section 6539.8, and, except as expressly set forth herein.
b) Specific Powers. Without limiting the generality of the powers conferred in subdivision (a) of this Section 3, BGPRHT is hereby authorized, in its own name, to do all of the acts necessary or convenient to the accomplishment of the purposes of this Agreement and the full exercise of the powers conferred in subdivision (a) of this Section 3, including but not limited to the following:
1. to make and enter into contracts;
2. to contract for staff assistance, including, but not limited to, contracting with other public agencies;
3. to sue and be sued in its own name;
4. to apply for, accept, receive and disburse grants, loans and other aids from any Federal, State or local program that is related to the purposes of this Agreement in accordance with the funding source’s guidelines;
5. to invest any money in the treasury pursuant to section 6505.5 of the Joint Exercise of Powers Act that is not required for the immediate necessities of BGPRHT, as BGPRHT determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to section 53601 of the California Government Code; 15 of 68
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3 6. to apply for letters of credit or other forms of financial guarantees in order to enter into agreements in connection therewith;
7. to incur and discharge debts, liabilities, and obligations, subject to the limitations provided in this Agreement and to the extent permitted under the law;
8. to issue and receive loans;
9. to engage the services of private consultants to render professional, financial and technical assistance and advice in carrying out the purposes of this Agreement;
10.to employ and compensate legal counsel, including bond counsel, determined appropriate by BGPRHT in the accomplishment of the purposes of this Agreement;
11.to contract for engineering, construction, architectural, accounting, environmental, land use, or other services determined necessary or convenient by BGPRHT in connection with the accomplishment of the purposes of this Agreement;
12.for the purposes of enforcing affordable housing covenants or holding security interests for loans, to take title to, and transfer, sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which BGPRHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement;
13.for the purposes of renting space for BGPRHT to operate, to lease to, and to lease from, a Party or any other person or entity lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which BGPRHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement;
14.to solicit charitable contributions from private sources;
15.to acquire, hold, or dispose of property, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities;
16.to partner with Parties on funding solicitations and other opportunities for the purposes set forth in this Agreement, including but not limited to jointly exercising powers with a Party pursuant to the Joint Exercise of Powers Act;
17.to the extent not herein specifically provided for, to exercise any powers in the manner and according to methods provided under the laws applicable to the BGPRHT; and
18.to carry out and enforce all the provisions of this Agreement in compliance with the Joint Exercise of Powers Act.
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3 c) Limitation on Powers. This Agreement does not authorize BGPRHT to do any of the following:
1. regulate land use within the jurisdiction of any of the Parties;
2. levy, or advocate or incentivize the levying of, any land use exaction such as an impact fee, charge, dedication, reservation or tax assessment, as a condition of approving the funding for or approval of, a development project;
3. require inclusionary zoning requirements;
4. fund or otherwise approve an agreement for a housing project that is not supported by the Party within whose jurisdiction the project is proposed to be located; or
5. require the Parties to this Agreement to accept or provide any specific number of housing units as a prerequisite to joining or remaining a Party to this Agreement.
Section 4. Members.
The members of BGPRHT shall be the Parties to this Agreement who have not withdrawn from BGPRHT in accordance with Section 10 of this Agreement. Only the Cities of Burbank, Glendale, and Pasadena may become members of BGPRHT.
Section 5. Board of Directors.
a) Selection of Directors. The membership of the Board of Directors of BGPRHT shall be governed by Government Code section 6539.8 and as it may be amended. As currently provided therein, BGPRHT shall be governed by a Board of Directors appointed by the Parties consisting of a minimum of three (3) Directors selected as follows:
1. Each Director must be an elected City Council member representing one of the Parties.
2. The Directors must consist of members equally appointed by each of the Parties.
3. Alternates for each Director position may be established by the Board of Directors under bylaws adopted by the Board of Directors; provided that such alternates shall meet the requirements set forth in subsection (a)(1) above and established in Government Code section 6539.8, as it may be amended.
b) Board Powers. Subject to the limitations of this Agreement and the laws of the State of California, the powers of BGPRHT shall be vested in and exercised by, and its property controlled and its affairs conducted by, the Board of Directors. c) Director Terms. The Parties shall select the Directors for the BGPRHT Board of Directors no later than the Effective Date, or at such other time as the Board determines. Each Director shall serve a term of two years, which will coincide with their elected term of office. At a regular meeting preceding the end of the Directors’ terms by at least 15 days, each Party shall 17 of 68
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3 select their new Director membership or re-select current Director membership for the new terms of office. There is a two term limit that a Director may serve. In the event of a vacancy on the Board of Directors, the Party with the vacancy shall appoint a replacement within 60 days of such vacancy, who shall serve out the remainder of term of the Director that he or she has replaced.
d) Advisory Board. The Board of Directors may appoint advisory boards that may include such persons as designated by the Board of Directors. The Board of Directors shall adopt bylaws that govern the appointment of advisory boards should it determine in its discretion to appoint such advisory boards.
e) Compensation. Directors shall serve without compensation but may be reimbursed for any expenses actually incurred in connection with serving as a Director; provided such expenses have been previously approved by the Board of Directors and incurred in accordance with any BGPRHT policies or procedures governing same.
f) Meetings of the Board of Directors.
1.Call, Notice and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular, special meetings and adjourned special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code sections 54950 et seq.
2. Regular Meetings. Regular meetings of the Board of Directors shall be held at such dates and times as the Board of Directors may fix by resolution; a copy of such resolution shall be furnished to each Party hereto. No notice of any regular meeting of the Board of Directors need be given to the individual Directors.
3. Special Meetings. Special meetings of the Board of Directors shall be held whenever called by the Chairperson of the Board or by a majority of the Directors. Notices of all special meetings shall be provided to all Parties.
4. Quorum. A quorum is established if at least a majority of Directors are present at a meeting, except that less than a quorum may adjourn a meeting to another time and place. Unless otherwise provided in this Agreement, actions and decisions of the Board of Directors may be taken by a majority of the quorum present at any meeting.
5. Minutes. The Board of Directors shall cause minutes of all regular, adjourned regular, and special meetings to be kept and present same for approval by the Board of Directors.
6. Officers. The Board of Directors shall elect a chairperson and a vice chairperson from 18 of 68
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3 among its Directors at the first meeting held in each calendar year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs or at a special meeting called for that purpose. In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson. The chairperson, or in the chairperson's absence, the vice chairperson, shall preside at and conduct all Board of Director meetings.
7. Rules and Regulations. The Board of Directors may adopt, from time to time, by resolution, such rules, regulations and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient.
Section 6. Additional Officers and Employees
a) Officers and Contract Staff.
1. BGPRHT may contract with officers and staff of a Party to this Agreement, or other independent contractors, agents, or volunteers as the Board of Directors may deem necessary to carry out any of BGPRHT's powers, upon such terms and conditions as the Board may require, including the retaining of professional and technical assistance, provided that adequate funds are available in BGPRHT's budget and are appropriated by BGPRHT therefore.
2. None of the officers, agents or staff, if any, directly contracted by BGPRHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by any Party.
3. If BGPRHT contracts with a Party to this Agreement to provide BGPRHT with administrative services through persons who are employees and/or officers of the Party, then any retirement liabilities associated with that Party's employees and/or officers shall not constitute a liability of BGPRHT or any other Party to this Agreement.
4. All privileges and immunities from liability, exemptions from laws, ordinances and rules, and benefits that apply to officers, agents or employees of a member Party shall apply to the same extent when performing duties for BGPRHT.
b) Treasurer and Auditor/Controller. Pursuant to Government Code sections 6505.5 and 6505.6, the Board of Directors shall appoint an officer or employee of BGPRHT to hold the offices of treasurer and auditor of BGPRHT. This officer or employee can be either the treasurer of a Party to this Agreement or a certified public accountant. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for BGPRHT required by 19 of 68
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3 sections 6505, 6505.5 and 6505.6 of the Government Code, including any amendments thereto. Pursuant to Government Code section 6505.1, the auditor and treasurer shall have charge of certain property of BGPRHT. The treasurer and auditor shall ensure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of BGPRHT.
The treasurer and auditor of BGPRHT shall be required to file an official bond as required by Government Code section 6505.1 with the Board of Directors in an amount, which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein.
The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of BGPRHT.
c) Attorney. The Board of Directors shall have the power to appoint one or more legal advisors to BGPRHT who shall perform such duties as may be prescribed by the Board.
Section 7. Financial Provisions
a) Fiscal Year. The Fiscal Year of BGPRHT shall, unless and until changed by the Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of BGPRHT shall commence on the effective date of this Agreement and end on the immediately following 30th day of June.
b) Budget.
1. General Budget. Within one hundred and twenty days (120) after the first meeting of the Board of Directors, a general budget for the first fiscal year shall be adopted by the vote of a majority of the membership of the Board of Directors.
2. Expenditures for the Approved Budget. The payment of all BGPRHT obligations is limited to the amount of appropriations allowed in BGPRHT's approved budget, except as it may be revised with the approval of a majority of all of the Directors of the Board of Directors.
3. Administrative Cap of 10%. For the initial state budget appropriation of $23 million in 2022, and future funds, there is a cap of 10% of those funds for Administrative costs.
In the case of specific funding requirements for future funding sources (beyond the initial $23 million state budget appropriation) any funding requirements will be adhered to. c) Accounts and Reports.
1. Books and Records. There shall be strict accountability of all BGPRHT funds and accounts and report of all BGPRHT receipts and disbursements. Without limiting the 20 of 68
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3 generality of the foregoing, BGPRHT shall establish and maintain such funds and accounts as may be required by good government accounting practice. The books and records of BGPRHT shall be open to inspection at all reasonable times by each Party and its duly authorized representatives.
2. Annual Audit. The person appointed by the Board of Directors to perform the auditor function for BGPRHT shall cause an annual independent audit of the accounts and records of BGPRHT and records to be made by a certified public accountant or firm of certified public accountants in accordance with Government Code section 6505. Such audits shall be delivered to each Party and shall be made available to the public.
3. Annual Financial Report. Pursuant to section 6539.8 of the Government Code, BGPRHT shall publish an Annual Financial Report that shall describe the funds received by BGPRHT and the use of such funds by BGPRHT. The Annual Financial Report shall describe how the funds received by BGPRHT have furthered the purpose of BGPRHT.
d) Funds. Subject to the applicable provisions of any instrument or agreement which BGPRHT may enter into, which may provide for a trustee or other fiscal agent to receive, have custody of and disburse BGPRHT funds, the person appointed by the Board of Directors to perform the treasurer function for BGPRHT shall receive, have the custody of and disburse BGPRHT funds in accordance with generally accepted accounting practices, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement.
Section 8. Amendments.
Unless otherwise specifically provided herein, this Agreement may not be amended or modified except by writing and with approval of two-thirds of the governing bodies of all the Parties and no other amendment or modification shall be of any force and effect unless approved in accordance with this Agreement.
Section 9. Non-Liability for Obligations of BGPRHT.
The debts, liabilities and obligations of BGPRHT shall not be considered the debts, liabilities or obligations of any Party or its respective officers, agents, employees, representatives or volunteers. a ) Indemnification. The BGPRHT shall defend, indemnify and hold harmless each Party, its officers, agents, employees, representatives and volunteers (the “Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense, or damages of any kind or nature 21 of 68
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3 (collectively, “Claims”) brought by a third party which arises out of or in connection with BGPRHT’s administration of this Agreement, including such third party claims arising out of or in connection with any Indemnitees acting within their authorized capacity as an officer, agent, employee, representative or volunteer of BGPRHT. The BGPRHT’s duty to defend and indemnify under this Section shall not extend to Claims otherwise arising out of the Indemnitees’ own active negligence, omissions or willful misconduct, whether in whole or part.
The BGPRHT shall finance its obligation pursuant to this Subsection by establishing a liability reserve fund, and/or by purchasing commercial insurance, and/or by joining a joint powers insurance authority (JPIA) as determined by the Board. In the event the BGPRHT’s financial obligations to indemnify, defend and hold harmless, pursuant to this Subsection, exceed the liability reserve fund and/or the proceeds from any applicable insurance and/or JPIA coverage maintained by the BGPRHT (hereinafter “Unfunded Liability”), a Party or Parties may meet and confer with BGPHRT in good faith to negotiate alternative means or mechanisms by which BGPHRT may fund such Unfunded Liability; however, in no event shall the event of an Unfunded Liability relieve, limit or waive BGPHRT’s obligations of indemnity or defense to each Party as first set forth above in this Section. Nothing herein shall obligate any Party to indemnify or hold harmless BGPRHT for any Unfunded Liability.
b ) Assignment. Each Party shall assign to the BGPRHT its rights, title, and interest to recover damages from any third party for Claims arising out of this Agreement, to the extent that the BGPRHT has met its obligations to defend and indemnify such Party pursuant to this Section. c ) Survival. BGPRHT’s duty to defend, indemnify and hold harmless shall survive and continue in full force and effect after withdrawal of any Party from this Agreement, including as to the withdrawing Party, or termination of this Agreement for any reason with respect to any Claims that occurred before the date of such withdrawal or termination.
Section 10. Withdrawal of Parties.
Withdrawal from BGPRHT. A Party may withdraw from BGPRHT upon that Party’s governing body's adoption of a resolution stating its intent withdraw from BGPRHT. The withdrawal of any Party, unless otherwise provided by the Board of Directors, shall be conditioned as follows:
1. The withdrawal shall be effective at the end of the BGPRHT fiscal year which is at least six months after the receipt by BGPRHT of a written notice of the Party’s intent to withdraw, accompanied by a copy of the governing board resolution stating its intent to withdraw; and
2. Unless otherwise provided by a unanimous vote of the Board of Directors, withdrawal shall result in the forfeiture of the withdrawing Party's rights and claims relating to distribution of 22 of 68
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3 property and funds upon termination of BGPRHT as set forth in Section 2 above. Withdrawn members shall not be entitled to any reimbursement of contributions to administrative costs described in Section 7 of this Agreement.
Section 11. Notices.
Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the persons and entities listed at the addresses set forth below, or to such other address as may be designated to BGPRHT for formal notice.
City of Burbank
Attn: Patrick Prescott, Community Development Director 275 East Olive Avenue
Burbank, CA 91502
(818) 238-5176
[email protected]
City of Glendale
Attn: Peter Zovak, Assistant Director of Community Development 141 N. Glendale Avenue, Room 202
Glendale, CA 91206
(818) 548-3111
[email protected]
City of Pasadena
Attn: William Huang, Director of Housing
649 N. Fair Oaks Ave.
Pasadena, CA 91103
(626) 744-8320
[email protected]
Section 12. Miscellaneous.
a) Section Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing or in any manner affecting the scope, meaning or intent 23 of 68
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3 of the provisions or language of this Agreement.
b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement.
c) Laws Governing. This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California.
d) Severability. Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, it shall be deemed severable, and the remainder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the agreement the Parties intended to enter into in the first instance.
e) Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Parties hereto. No party may assign any right or obligation hereunder without the written consent of a majority of the other Parties.
IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed and attested by their duly authorized officers, as follows:
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3 CITY OF BURBANK
Signature
Name (Please Print)
Title
ATTEST:
Office of the City Clerk
[insert typed name and title]
Approved as to Form
Burbank City Attorney’s Office
Signature
Name
By:
Title
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3 CITY OF GLENDALE
Signature
Name (Please Print)
Title
ATTEST:
Office of the City Clerk
[insert typed name and title]
Approved as to Form
Glendale City Attorney’s Office
Signature
Name
By:
Title
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3 CITY OF PASADENA
Signature
Name (Please Print)
Title
ATTEST:
Office of the City Clerk
[insert typed name and title]
Approved as to Form
Pasadena City Attorney’s Office
Signature
Name
By:
Title
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1 Burbank-Glendale-
Pasadena
Regional Housing Trust
Bylaws
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TABLE OF CONTENTS
ARTICLE I NAME..............................................................................................3 ARTICLE II BGPRHT MEMBERSHIP................................................................3 ARTICLE III BOARD OF DIRECTORS ...............................................................4 ARTICLE IV DUTIES OF OFFICERS AND BOARD DIRECTORS .....................4 ARTICLE V MEETINGS .....................................................................................5 ARTICLE VI FINANCIAL REVIEW AND OVERSIGHT .......................................7 ARTICLE VII BGPRHT BOARD CODE OF CONDUCT .......................................7 ARTICLE VIII ADOPTION AND AMENDMENT OF BYLAWS..................................9 2 29 of 68
3 Recitals
A. Government Code section 6539.8 authorizes the Cities of Burbank, Glendale, and Pasadena to create a joint powers agency known as the Burbank-Glendale-Pasadena Regional Housing Trust ("BGPRHT"), which is authorized to do any of the following:
1. fund the planning and construction of housing of all types and tenures, including, but not limited to, housing for the homeless population, and/or for persons and families of extremely low, very low, low, and moderate income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing;
2. receive public and private financing and funds; and
3. authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by BGPRHT.
B. The BGPRHT was established on _____________ _____, 2023, by the execution of the Joint Exercise of Powers Agreement (the “Agreement”) by and between the City of Burbank, City of Glendale, and City of Pasadena.
C. The BGPRHT Board of Directors (“Board”) adopts these bylaws to provide for the organization and administration of BGPRHT, to be effective on _____________ ___, 2023 (“Bylaws”).
D. These Bylaws supplement the Agreement.
ARTICLE I - Name
Bylaws
The name of the entity established by the Agreement and as referenced in these Bylaws shall be the “Burbank-Glendale-Pasadena Regional Housing Trust” or “BGPRHT”.
ARTICLE II – BGPRHT Membership
BGPRHT is comprised of those entities that have executed the Agreement and not withdrawn (“Members”). As of the date these Bylaws were adopted, membership consists of the Cities of Burbank, Glendale, and Pasadena. If any entity withdraws, these Bylaws do not need to be amended.
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4 ARTICLE III – Board of Directors
Section A: Eligibility
Eligibility and appointment to the Board shall be as set forth in Government Code section 6539.8 and the Agreement and as they may be amended. As set forth in the Agreement, Board Directors are appointed by the Members.
Section B: Terms and Vacancies
Terms of office for Directors and vacancies shall be as set forth in Government Code section 6539.8 and the Agreement and as they may be amended.
Section C. Officers
The Board shall select a Chair and a Vice-Chair from its membership on an annual basis at the first meeting of the calendar year. In the event new officers are not selected at such meeting, the current officers shall remain in such positions until successors are elected.
In the event of a mid-term vacancy in the position of Chair, the Vice-Chair shall become the Chair and the Board shall appoint a Director to the position of Vice-Chair at its next meeting or as soon thereafter as determined by the Board. In the event of a mid-term vacancy of the Vice-Chair, the Board shall appoint a Director to the position of Vice-Chair at its next meeting or as soon thereafter as determined by the Board. There shall be no limit on the number of terms a Director may serve as Chair or Vice-Chair.
Section D: Alternates
An Alternate may be appointed to each seat by the respective Members. Alternates shall count toward a quorum and have all other rights of the Director for whom they serve as an alternate when the Director is absent from a meeting.
ARTICLE IV – Duties of Officers and Board Directors
Section A: Duties of the Chair and Vice-Chair
It shall be the duty of the Chair to preside at the meetings of the BGPRHT. In the Chair’s absence, the Vice-Chair shall preside at the meetings of the BGPRHT. If both the Chair and Vice-Chair are absent from a meeting, the Board shall select a Director as the presiding officer for that meeting. The Chair, with the Board’s consent, may change the order in which the Board addresses items listed on any meeting agenda. 31 of 68
5 Section B: Duties of the Board of Directors:
In addition to those other duties set forth in these Bylaws and the Agreement, the Directors shall fulfill the following duties:
1. Attend regular meetings of the BGPRHT.
2. Attend special meetings when called by the Chair or a majority of the Board.
3. Plan and coordinate the business and proposed activities of BGPRHT;
4. Review and consider applications for project funding;
5. Review and consider BGPRHT’s financial information, including the Annual Financial Report, any related independent audit, and the BGPRHT’s annual budget;
6. Serve on subcommittees or task forces when appropriate; and
7. Approve agreements that are not within the authority of the Executive Director.
Section C: Formation of Subcommittees
The Board may create subcommittees or task forces to accomplish the goals and purposes of BGPRHT and to otherwise advise the Board. Appointments to subcommittees shall be made by the Chair with the concurrence of the Board.
Section D: Executive Director
The Executive Director, subject to the authority of and as directed by the Board, is to serve as chief administrative officer of the BGPRHT and to determine and appoint such staff as is necessary to administer the affairs of the BGPRHT in compliance with all applicable laws and Board adopted policies and regulations.
With the approval of the majority of the Board, the Executive Director is to take such actions as may be necessary to further the BGPRHT’s mission that due to time constraints, cannot await the next regular meeting of the Board, which actions include, but are not limited to, approving a contract that exceeds the Executive Director’s purchasing authority by no more than 20%, and submitting applications for grant funds and similar administrative matters that are time sensitive. All actions requiring approval of the majority of the Board shall, upon such approval, be reported by the Executive Director in writing to the Board, either at the time of such approval, or as part of the agenda for the Board’s immediately following regular meeting.
ARTICLE V – Meetings
Section A: Regular Meetings
Regular meetings of the Board shall be held at least annually at times and locations as 32 of 68
6 determined by resolution of a majority of the Board. Meeting notice, agenda, and public comment procedures shall comply with the provisions of the Ralph M Brown Act, Government Code sections 54950 et seq. (“Brown Act”). The Secretary of the Board shall prepare meeting agendas and minutes and assure compliance with all noticing requirements.
Section B: Special Meetings
In accordance with the Brown Act, special meetings of BGPRHT may be held at any time upon call of the Chair or a majority of the Board.
Section C: Quorum
A majority of the membership of the Board shall constitute a quorum at any meeting of the Board except that less than a quorum may adjourn a meeting to another time and place. In the absence of a quorum, no action may be taken by the Board.
Section D: Voting
All actions of the Board may be taken by a majority of the quorum present at any meeting, except as provided in Article VIII below relating to amendments to these Bylaws. Voting requirements for amendments to the Agreement shall be as set forth in the Agreement.
Section F: Minutes
The Secretary of the Board shall take minutes for all BGPRHT meetings. Minutes shall be prepared in a modified action-taken format, rather than a transcript format. A previous meeting’s minutes shall be considered and approved at the Board’s next meeting or as soon thereafter as the minutes can be prepared.
Section G: Meeting Procedure
The conduct of meetings shall be in accordance with the Brown Act. In the event a question of procedure is raised, it shall be decided in accordance with Robert's Rules of Order (most recent published edition) where the question at issue is not determined by these Bylaws. General Counsel shall advise the Board on such rules of procedure.
Section H: Location of Meetings
The Board shall endeavor to hold its meetings in locations typical for hosting government meetings, such as council chambers, community rooms or county board or conference rooms. If such location is not available or convenient, the Board may meet at such other location as determined by the Board in accordance with the Brown Act. 33 of 68
7 ARTICLE VI – Financial Review and Oversight
Section A: Annual Financial Report
To ensure the strict accountability of the BGPRHT’s funds, transparency and that such funds are expended to further the purposes for which BGPRHT was formed, the Board shall do the following:
1. Ensure that an Annual Financial Report is prepared, reviewed, adopted and made public annually in accordance with Government Code section 6539.8. As a part of the development of the Annual Financial Report, the Board shall engage a certified public accountant to conduct an independent audit of BGPRHT’s operations in accordance with Government Code section 6505. The auditor must report all findings to the Board in a public meeting, a copy of the audit delivered to each Member, and the audit will be made available to the public for review.
Section B: Budget
The Annual Budget of BGPRHT shall be prepared by the Executive Director and reviewed and approved by the Board in May or June of each year, in advance of the start of BGPRHT’s next Fiscal Year.
Section C: BGPRHT Fiscal Year
The Fiscal Year of BGPRHT shall be from July 1 to June 30 of each year.
ARTICLE VII – BGPRHT Board Code of Conduct
The purpose of the Code of Conduct is to represent BGPRHT’s commitment to high standards of ethics, public service, collegiality, and transparency. Directors shall at all times endeavor to maintain standards of professional integrity, impartiality, diligence, creativity and productivity consistent with standards for public officials and their oath of office. BGPRHT will act in accordance with federal, state, and local laws and regulations.
Section A: Compliance with Policies
Directors and any subcommittees appointed by the Board will conduct the BGPRHT’s business in accordance with the Agreement and these Bylaws.
Section B: Conflicts of Interest
1. Directors shall not make or participate in the making of a BGPRHT decision if they have a conflict of interest as defined by the Levine Act—Government Code section 84308, the California Political Reform Act--Government Code section 81000, et. seq., and the regulations promulgated thereunder. In the event a Director has a 34 of 68
8 conflict of interest, the Director with the conflict shall disclose the nature thereof in accordance with State law and when required, leave the meeting room.
2. A Director should abstain from a decision even if the Director does not have a conflict of interest as defined in the preceding paragraph, but has a personal bias against a person or entity seeking funding, a contract or other entitlement from the Board to such a degree that the Director cannot participate in the decision in a reasonably impartial manner. In such an event, the Director may simply state that he or she is abstaining from the decision.
3. The Board may not make or enter into a contract in which a Director has a financial interest as defined in Government Code section 1090 et seq. In the event it comes to the attention of a Director that he or she may have such a financial interest, it shall be reported to the Chair and General Counsel for further review. If such a financial interest exists, the Board may not take action on the contract.
4. Directors are required to file a Statement of Economic Interest (Form 700) in the disclosure category as designated in the BGPRHT Conflict of Interest Code.
5. Directors shall not attempt to personally coerce or influence staff in its recommendations regarding the award of contracts, funding or selection of consultants; provided that this shall not be interpreted to in any way to interfere or limit in any way a Director’s discretion to accept or reject staff recommendations in any of these instances.
Section C: Confidentiality
Directors shall maintain the confidentiality of information that is of a confidential nature, whether written or oral, and unless otherwise authorized by the Board, shall not disclose such information to outside parties. Directors shall not report out any information received in a closed session or which is otherwise subject to the attorney/client privilege without Board authorization. This confidential information shall include information which is considered confidential under State law and may otherwise not be subject to disclosure under the Public Records Act, such as personal and private information in applications for funding, which is provided by Members or funding agencies.
Section D: Gifts or Honoraria
Directors shall not solicit or accept gifts, gratuities, honoraria, donations, favors or personal rewards for the purpose of influencing BGPRHT decisions or activities. The receipt of such items shall be further subject to the Political Reform Act. Directors may solicit donations to the BGPRHT to further the BGPRHT purposes. In the event a donation is made to the BGPRHT at the “behest” of a Director, as that term is used in the Political Reform Act, it shall be reported as required by the Political Reform Act. 35 of 68
9 Section E: Harassment
Directors shall not engage in any type of unlawful harassment or discrimination. In the event of such conduct, the Chair shall be notified and if the conduct cannot be rectified, the Chair shall report such conduct to the Executive Director and General Counsel for possible removal of the Director for engaging in the unlawful conduct. In the event the Chair is the person engaging in such conduct, it shall be reported to the Vice Chair in the same manner.
Section F: Participation in Meetings
Directors shall respect each other’s individual points of view and refrain from making personal attacks against fellow Directors, staff, presenters and the public. Directors shall participate and vote on all matters on the agenda, unless precluded by law from participation.
Section F: Laws and Regulations
Directors shall conduct themselves and the business of BGPRHT, in accordance with both the letter and intent of all applicable federal, state, and local laws and regulations governing the BGPRHT’s operations.
Article VIII- Amendments and Adoption of Bylaws
These Bylaws shall be adopted and may be amended only by a majority of the membership of the Board. The Bylaws shall not contain any provision in conflict with applicable laws or the Agreement. To the extent there is an inconsistency between the Bylaws and the Agreement, the Agreement shall control. Proposed amendments should, whenever possible, be presented to all Directors at least 15 days prior to the meeting at which the proposed amendment is to be considered by the Board. 36 of 68
S
enate Bill No. 1177
CHAPTER 173
An act to add Section 6539.8 to the Government Code, relating to housing. [Approved by Governor August 22, 2022. Filed with Secretary of State August 22, 2022.]
legislative counsel ’s digest
SB 1177, Portantino. Joint powers authorities: Cities of Burbank, Glendale, and Pasadena.
The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. That act authorizes the agreement to set forth the manner by which the joint powers authority will be governed. That act specifically authorizes the creation of the Orange County Housing Finance Trust, a joint powers authority, for the purposes of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the County of Orange.
This bill would similarly authorize the creation of the Burbank-Glendale-Pasadena Regional Housing Trust, a joint powers authority, by the Cities of Burbank, Glendale, and Pasadena, with the stated purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, low, and moderate income. The bill would authorize the Burbank-Glendale-Pasadena Regional Housing Trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds. The bill would require that the joint powers agreement establishing the Burbank-Glendale-Pasadena Regional Housing Trust incorporate specified annual financial reporting and auditing requirements.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of Burbank, Glendale, and Pasadena.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) California has an affordable housing crisis, which is especially acute i
n the Arroyo Verdugo areas of Burbank, Glendale, and Pasadena due to the high cost of housing in those areas.
(b) The Cities of Burbank, Glendale, and Pasadena each operate their own respective housing authority, which enables each city to provide a full spectrum of affordable housing opportunities ranging from rental subsidies 96 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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Ch. 173 — 2 —
for projects targeting very and extremely low-income households to large affordable housing project development.
(c) The Cities of Glendale and Pasadena are two of only three cities in the state to have their own homeless continuum of care and both cities have greatly outperformed their surrounding larger continuums of care in reducing homelessness.
(d) Collectively, the Cities of Burbank, Glendale, and Pasadena have nearly 3,000 affordable housing units in the combined development pipeline, including permanent supportive housing, senior housing, missing middle housing, and affordable home ownership units, with insufficient funding to bring all their pipeline affordable housing projects to completion. Moreover, the insufficient funding hinders the ability of these cities to grow the pipeline to meet the affordable housing need.
(e) The establishment of the Burbank- Glendale-Pasadena Regional Housing Trust to receive available public and private funds would help finance affordable housing projects for hom eless and low -income populations. Furthermore, this trust would benefit not only the immediate region, but would be a benefit to all of those in need in the area of the County of Los Angeles, as well.
SEC. 2. Section 6539.8 is added to the Government Code, to read:
6539.8. (a) (1) Notwithstanding any other law, the Cities of Burbank, Glendale, and Pasadena may enter into a joint powers agreement pursuant to this chapter to create and operate a joint powers agency to fund housing to assist the homeless population and persons and families of extremely low, very low, low income, and moder ate income, as defined in Section 50093 of the Health and Safety Code within those jurisdictions. (2)
T
he joint powers agency created pursuant to this section shall be known as the Burbank- Glendale-Pasadena Regional Housing Trust, and shall be created and operated in accordance with this section and pursuant to the joint powers agreement entered pursuant to paragraph (1). (b) (1) The Burbank-Glendale-Pasadena Regional Housing Trust shall be governed by a board of directors consisting of a minimum of three directors who are elected officials representing the cities that are party to the joint powers agreement. Those directors shall consist of members equally appointed by each of the three representative cities that are a party to the joint powers agreement.
(2) The board of directors shall elect a chairperson and a vice chairperson from among its members at the first meeting held in each calendar year. (3) (A) Members of the board of directors shall serve without compensation.
(B)
M
embers of the board of directors may be reimbursed for actual expenses. Actual expenses shall be approved before they are incurred. (4) (A) A member of the board of directors shall serve a term of two years.
(B) I
f a vacancy occurs on the board of directors, an individual shall fill the vacancy as outlined in the joint powers agreement. An appointment to 96 38 of 68
— 3 — Ch. 173
fill a vacancy pursuant to this subparagraph shall be effective only for the remainder of the term of the office that became vacated. (c) Notwithstanding any other law, the Burbank- Glendale-Pasadena Regional Housing Trust may do any of the following:
(1) Fund the planning, acquisition, and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, low, and moderate income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing.
(2) Receive public and private financing and funds.
(3) Authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received pursuant to paragraph (2) and pledged by the Burbank- Glendale-Pasadena Regional Housing Trust.
(d) The Burbank- Glendale-Pasadena Regional Housing Trust shall incorporate into its joint powers agreement annual financial reporting and auditing requirements that shall maximize transparency and public information as to the receipt and use of funds by the ag ency. The annual financial report shall show how the funds have furthered the purposes of the Burbank-Glendale-Pasadena Regional Housing Trust.
(e) The Burbank-Glendale-Pasadena Regional Housing Trust shall compl y
w
ith the regulatory guidelines of each specific state funding source received.
SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances, described in Section 1 of this act, in the Cities of Burbank, Glendale, and Pasadena.
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2 CITY OF GLENDALE, CALIFORNIA
REPORT TO THE JOINT MEETING GLENDALE CITY COUNCIL AND
GLENDALE HOUSING AUTHORITY
AGENDA ITEM
Report: Public Hearing on Submission of Substantial Amendment to the CDBG, ESG, and HOME 2021-2022 Annual Action Plan, allocating HOME-ARP funds in the amount of $5,109,346
1. City Council Motion to approve a Substantial Amendment to CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022, allocating HOME-ARP funds in the amount of $5,109,346, and to authorize submission of the FY 2021- 22 Annual Action Plan Substantial Amendment to the U.S. Department of Housing and Urban Development; and
2. Housing Authority Motion to approve a Substantial Amendment to CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022, allocating HOME- ARP funds in the amount of $5,109,346, and to authorize submission of the FY 2021-22 Annual Action Plan Substantial Amendment to the U.S. Department of Housing and Urban Development.
COUNCIL ACTION
Item Type: Public Hearing
Approved for March 28, 2023 calendar
EXECUTIVE SUMMARY
In 2021, President Biden signed the American Rescue Plan (ARP) into law, which provides over $1.9 trillion in relief to address the continued impact of the COVID-19 pandemic on the economy, public health, State and local governments, individuals, and businesses.
To address the need for homelessness assistance and supportive services, Congress appropriated $5 billion in ARP funds to be administered through the Home Investment Partnerships Program (HOME) to perform four activities. Those activities must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations. These activities include:
(1) development and support of affordable housing,
(2) tenant-based rental assistance (TBRA),
(3) provision of supportive services; and
(4) acquisition and development of non-congregate shelter units. 40 of 68
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7 The US Department of Housing and Urban Development (HUD) has allocated $5,109,346 in HOME-ARP funds to the City of Glendale. To receive the funds, the City must develop a HOME-ARP Allocation Plan and submit it to HUD as a substantial amendment to the CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022.
COUNCIL PRIORITIES
Housing: Approving the Substantial Amendment to the CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022, and authorizing submission of the Substantial Amendment to HUD will provide additional funding needed to help the Glendale City Council and Glendale Housing Authority address the demand for affordable housing among populations at greatest risk of housing instability.
RECOMMENDATION
That the City Council and Housing Authority conduct the Public Hearing, approve a motion to Substantially Amend the CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022, allocating HOME-ARP funds in the amount of $5,109,346; and authorize submission of the FY 2021-22 Annual Action Plan Substantial Amendment to HUD.
BACKGROUND
In 2021, Congress passed the American Rescue Plan Act of 2021 (ARP), a $1.9 trillion economic stimulus bill in response to the Covid-19 pandemic. To address the need for homelessness assistance and supportive services, Congress appropriated $5 billion in ARP funds to be administered through the HOME program (HOME-ARP). Funding was intended to perform four activities to primarily benefit individuals and families in the following specified “qualifying populations:”
1. Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. 22304(s)) (“McKinney-Vento”);
2. At risk of homelessness, as defined in section 401 of McKinney-Vento;
3. Fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking;
4. Part of other populations where providing supportive services or assistance would prevent a family’s homelessness or would serve those with the greatest risk of housing instability.
This population includes one or more of the following:
•families requiring services or housing assistance to prevent homelessness
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7 •households at greatest risk of housing instability, including (a) those with an annual income less than or equal to 30% of the Area Median Income (AMI), and
(b) households with an annual income less than or equal to 50% of AMI AND meet the McKinney-Vento definition of At Risk of Homelessness; or
5. Veterans and families that include a veteran family member that meet the criteria in one of (1)-(4) above. 24 CFR 91.5 Homeless (1), (2), or (3):
(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence.
(2) An individual or family who will imminently lose their primary nighttime residence.
(3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition The activities allowed under the HOME-ARP program, to benefit one or more of the aforementioned qualifying populations, include:
1. Development and support of affordable housing
- Includes acquisition, rehabilitation or construction of affordable rental housing,
2. Tenant Based Rental Assistance (TBRA),
3. Provision of Supportive Services; and
4. Acquisitions and development of non-congregate shelter units.
Up to 15% of HOME-ARP funding may be used for payment of reasonable administrative and planning costs.
HUD has allocated $5,109,346 in HOME-ARP funding to the City of Glendale. In order to receive the funding, the City must develop and submit a HOME-ARP Allocation Plan to HUD. The Allocation Plan must be submitted as a substantial amendment to the 2021-2022 CDBG, ESG, and HOME Annual Action Plan.
The Allocation Plan must describe how the City intends to distribute HOME-ARP funds, including how it will use the funds to address the needs of HOME-ARP qualifying populations. Before developing the Allocation Plan, the City must consult with agencies and service providers whose clientele include the HOME-ARP qualifying populations to identify unmet needs and gaps in housing or service delivery systems, and to determine the size and demographic composition of each qualifying population. 42 of 68
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7 The City also must provide for and encourage citizen participation in the development of the Allocation Plan. Citizens must be given a minimum of 15 days to comment on the amount of HOME-ARP funds the City will receive, and the range of activities the City may undertake using HOME-ARP funding.
To this end, staff published a Public Notice in the Glendale Independent from March 6- 20, 2023 (a total of 5 publications for a period of 15 days). The notice invited comments on the City’s intent to use the funding to acquire, rehabilitate or construct affordable rental housing for households that fit within one or more of the qualifying populations.
Stakeholder organizations were encouraged to complete a survey created to gauge the housing and supportive service needs of qualifying populations within the City and region. In addition to the public notice, the stakeholder organization survey was distributed to organizations within the City’s Continuum of Care.
Citizens were also encouraged to complete a survey created to help quantify the number of residents in Glendale and the region who fall within the Qualifying Populations. In addition to the public notice, a citizen survey was emailed to 16,378 people on the City’s affordable housing interest/notification list.
Results from the surveys, as well as various Housing Data reports including the City of Glendale’s 2022 Homeless Count, the US Census American Community Survey (ACS) 2015-2019, and the Comprehensive Housing Affordability Strategy (CHAS), formed the basis for developing an Allocation Plan to be submitted to HUD upon approval by the Glendale City Council and Glendale Housing Authority.
ANALYSIS
To assess the housing needs of HOME-ARP qualifying populations, staff conducted the following research:
•Reviewed data from the City of Glendale’s 2022 Homeless Count, the ACS and CHAS.
•Consulted with Community Services and Parks staff members and organizations within Glendale’s Continuum of Care.
•Obtained survey data from organizations and developers in the region and obtained data from the City’s affordable Housing Portfolio as well as Housing Authority data.
DATA
Based on the data analyzed for the homeless population, including victims of domestic violence and veterans, staff determined that Glendale has a gap of 107 units for homeless adults (see table below).
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7 Homeless
Current Inventory Homeless Population Gap Analysis
Family Adults Only Vets Family Adults Only
# of
Beds
# of
Units
# of
Beds
# of
Units
# of
Beds
Family
HH (at
least 1
child)
Adult
HH
(w/o
child)
Vets Victims
of DV # of
Beds
# of
Units
# of
Beds
# of
Units
Emergency
Shelter 35 0 54 0 0
Transitional
Housing 49 13 1 13 0
Permanent
Supportive
Housing
68 11 101 11 12
Other Permanent
Housing 0 24 5 24 0
Sheltered
Homeless 22 52 4 16
Unsheltered
Homeless 0 103 3 2
Current Gap 0 0 0 107
Data Sources: 1. City of Glendale: 2022 Glendale Homeless Count Comprehensive Report; 2. City of Glendale Affordable Housing Portfolio. 3. City of Glendale 2022 Housing Inventory Count.
Staff also analyzed data on households at risk of homelessness, as well as those at greatest risk of housing instability (including households at 30% of AMI). Based on data analyzed, at least 14,400 Glendale households are at risk of homelessness; and at least 6,578 Glendale households are at greatest risk of housing instability (see table below).
Non-Homeless
Current Inventory Level of Need Gap Analysis
# of Units # of Households # of Households
Total Rental Units 50,179
Rental Units Affordable to HH at 30%
AMI (At-Risk of Homelessness) 195
Rental Units Affordable to HH at 50%
AMI (Other Populations) 627
0%-30% AMI Renter HH w/ 1 or more
severe housing problems
(At-Risk of Homelessness)
14,595
30%-50% AMI Renter HH w/ 1 or more
severe housing problems
(Other Populations)
7,205
Current Gaps 20,978
Data Sources: 1. US Census American Community Survey (ACS) 2015-2019; 2. Comprehensive Housing Affordability Strategy (CHAS), Glendale Housing Authority Affordable Housing Portfolio 44 of 68
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7 CONSULTATION
Staff consulted with organizations within Glendale’s Continuum of Care to determine the unmet needs and gaps in services for each qualifying population. Organizations serving the homeless population indicated the following gaps:
1. Insufficient services for homelessness prevention.
2. Need for more outreach services, including during non-working hours.
3. Need for a 2 nd organization within the city to provide homeless services.
4. Need for short term hotel vouchers for emergencies.
5. Need for shelters that accommodate individuals who are independent with no medical needs.
Organizations serving those at risk of homeless and other populations at greatest risk of housing instability indicated the following gaps:
1. There is a need for more affordable housing units.
2. Few opportunities for residents of Glendale to participate in low-income housing due to limited number of units available in the City.
3. Services needed to help seniors find apartments and senior housing, including transportation services and assistance with moving.
4. Education needed for seniors to help them research housing opportunities, and to help them apply for wait lists.
Organizations serving those fleeing domestic violence, dating violence, sexual assault, stalking or human trafficking indicated the following gaps/unmet needs:
1. Population has the feeling that they are more at risk of being stopped/cited/arrested by police.
2. Need for staff to provide specific directions and shortcuts to get in and out of City quickly.
3. Experiencing discrimination from landlords and companies (like taxi services) once the client is identified as a DV survivor.
Finally, staff sent a citizen survey to over 16,000 individuals on the City’s affordable housing interest/notification list. 834 individuals responded to the survey. 81.8% of respondents indicated that they had an income at either 30% or below of AMI, or an income between 30%-50% of AMI.
Following are additional details on the responses received.
54.6% of survey respondents reported an income at or below 30% of AMI, and 89% of the respondents in this income category reported paying more than 30% of their income toward rent. Of this group:
•88% were Glendale residents
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7 •36% reported being at risk of homelessness
•.02% (11 respondents) reported being homeless
•.005% (2 respondents) reported being veterans
•.005% (2 respondents) reported being domestic violence survivors
27.2% of survey respondents reported an income between 30% and 50% of AMI, and 90% of the respondents in this income category reported paying more than 30% of their income toward rent. Of this group:
•77% were Glendale residents
•20.8% reported being at risk of homelessness
•.009% (2 respondents) reported being homeless
•.024% (5 respondents) reported being domestic violence survivors Finally, staff analyzed the self reported income of households currently on the Section 8 waitlist. Of the 1,847 households analyzed, 85% self reported income at 30% of AMI or below. 14% self reported income between 30% and 50% of AMI.
SUMMARY
Based on data analyzed and consultations conducted for HOME-ARP qualifying populations, staff has determined that the greatest need for HOME-ARP funding is among households at risk of homelessness, and those households at greatest risk of housing instability.
As a result, staff is recommending that the HOME-ARP allocation the City will receive be used for development of affordable housing units (either via new construction and/or rehabilitation) to house this population. Staff will submit an allocation plan to HUD describing demographics of HOME-ARP qualifying populations within the city and region, as well as the housing activity the city will undertake in order serve the needs of those qualifying populations (development of affordable housing units).
STAKEHOLDERS/OUTREACH
A Public Notice was published in the Glendale Independent from March 6-20, 2023 (a total of 5 publications for a period of 15 days). The notice invited comments on the City’s intent to use the funding to acquire, rehabilitate or construct affordable rental housing for households that fit within one or more of the qualifying populations.
Stakeholder organizations were encouraged to complete a survey created to gauge the housing and supportive service needs of qualifying populations within the City and region. In addition to the public notice, the stakeholder organization survey was distributed to organizations within the City’s Continuum of Care.
Citizens were also encouraged to complete a survey created to help quantify the number of residents in Glendale and the region who fall within the Qualifying Populations. In addition to the public notice, a citizen survey was emailed to 16,378 46 of 68
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7 people on the City’s affordable housing interest/notification list.
FISCAL IMPACT
There is no fiscal impact associated with this report at this time. Staff will return to Council to appropriate the funds once HUD accepts and approves the HOME-ARP allocation plan. Upon award of funding, the City of Glendale would receive $5,109,306 in HOME-ARP funding.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action of amending the 2021-2022 CDBG, ESG and HOME Annual Action Plan to allocate HOME-ARP Funds, and authorize submission of the Substantial Amendment to HUD: (1) is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15061(b)(3) (common sense exemption), as it can be seen with certainty that there is no possibility that the actions will have a significant effect on the environment; and (2) is not a project under CEQA Guidelines Sections 15060(c)(3) and 15378(b)(4) because it constitutes a governmental fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; and (3) is not intended to apply to specifically identified affordable housing projects/other projects and as such it is speculative to evaluate any such future project now. Moreover, the activities/actions are not intended to, nor do they, provide CEQA clearance for future development-related projects by the approval of the above-referenced actions; any such future projects will be subject to appropriate environmental review at such time as approvals for those affordable housing projects/other projects are considered. Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES
Alternative 1: Approve the Motions to substantially amend the 2021-2022 CDBG, ESG and HOME Annual Action Plan to allocate HOME-ARP Funds, and authorize submission of the Substantial Amendment to HUD.
Alternative 2: Do not approve the Motions to substantially amend the 2021-2022 CDBG, ESG and HOME Annual Action Plan to allocate HOME-ARP Funds, and authorize submission of the Substantial Amendment to HUD. In this case, the City would not receive the HOME-ARP funds in the amount of $5,109,346.
Alternative 3: Consider any other alternative not proposed by staff. 47 of 68
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7 ADMINISTRATIVE ACTION
Prepared by:
Peter Zovak, Assistant Director of Community Development Michael Fortney, Principal Housing Project Manager
Pamela Jackson, Housing Coordinator
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: HOME-ARP Allocation Plan
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MOTION
Moved by Council Member , seconded by Council Member , that the Council of the City of Glendale hereby approves a Substantial Amendment to CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022, allocating HOME-ARP funds in the amount of $5,109,346; and authorizes the City Manager or his designee, and/or Community Development Department staff to submit the FY 2021-22 Annual Action Plan Substantial Amendment to the U.S. Department of Housing and Urban Development, as further described in the Report dated March 28, 2023 from the Assistant Director of Community Development, and to execute all application materials, agreements, amendments, certifications, and documents necessary to apply for and/or accept such funding.
Vote as Follows:
Ayes:
Noes:
Absent:
Abstain:
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MOTION
Moved by Authority Member , seconded by Authority Member , that the Housing Authority of the City of Glendale hereby approves a Substantial Amendment to CDBG, ESG, and HOME Annual Action Plan for Program Year 2021-2022, allocating HOME- ARP funds in the amount of $5,109,346; and authorizes the Executive Director/City Manager or his designee, and/or Community Development Department staff to submit the FY 2021-22 Annual Action Plan Substantial Amendment to the U.S. Department of Housing and Urban Development, as further described in the Report dated March 28, 2023 from the Assistant Director of Community Development, and to execute all application materials, agreements, amendments, certifications, and documents necessary to apply for and/or accept such funding.
Vote as Follows:
Ayes:
Noes:
Absent:
Abstain:
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1 CITY OF GLENDALE HOME-ARP ALLOCATION PLAN
Consultation
In accordance with Section V.A of the Notice (page 13), before developing its HOME-ARP allocation plan, at a minimum, a PJ must consult with:
•CoC(s) serving the jurisdiction’s geographic area,
•homeless service providers,
•domestic violence service providers,
•veterans’ groups,
•public housing agencies (PHAs),
•public agencies that address the needs of the qualifying populations, and •public or private organizations that address fair housing, civil rights, and the needs of persons with disabilities.
State PJs are not required to consult with every PHA or CoC within the state’s boundaries; however, local PJs must consult with all PHAs (including statewide or regional PHAs) and CoCs serving the jurisdiction.
Template:
Describe the consultation process including methods used and dates of consultation:
The City of Glendale consulted with organizations within its Continuum of Care, developers, Housing Authority staff, and City Homeless Programs staff to determine the size and demographics of each qualifying population. Consultation was primarily accomplished through use of a survey. Staff also contacted organizations and city staff by phone to obtain data.
Consultation dates were from February 13, 2022 to March 20, 2022. 51 of 68
2 List the organizations consulted:
Agency/Org
Consulted
Type of
Agency/Org
Method of
Consultation Feedback
Glendale Tenant
Union
Public or private
organizations that
address fair housing
Stakeholder
Survey
•Need more affordable
housing.
•Need more funds to aid the
current homeless
population.
City of Glendale:
Glendale Library,
Arts & Culture
Public agencies that
address the needs of
the qualifying
populations
Stakeholder
Survey
•At our branches, we have
all levels of homeless
services needs.
•We use Ascencia to
connect homeless patrons
and we also service
resistant to services
patrons.
•We could use more people
in the library to help
connect people to services.
City of Glendale:
Glendale Police
Department
Public agencies that
address the needs of
the qualifying
populations
Stakeholder
Survey
•Outreach services are not
available during non-
working hours such as
evening and weekend
hours
Armenian Relief
Society of Western
USA, Social Services
Homeless Service
Provider
Stakeholder
Survey
•At the present time, we are
encountering insufficient
services for homelessness
prevention. Specifically,
for single older adults with
limited income.
Adventist Health Homeless Service
Provider
Stakeholder
Survey
•Not enough housing
capacity within Glendale
•No organization of existing
programs and resource
collaboration
•Not enough funding
directed to Hospital Social
Workers to better place
homeless patients
Glendale Community
Services, Parks &
Recreation
Commission
Homeless Service
Provider
Stakeholder
Survey
•Need more Homeless
outreach personnel.
•Also, need a second
organization similar to
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3 Ascencia to help with
finding housing.
Community
Resource Center for
Aging
USC Verdugo Hills
Hospital
Public or private
organizations that
address the needs of
the qualifying
populations.
Stakeholder
Survey
•Need for low-
income/affordable housing
for seniors and the disabled
Glendale Unified
School District
Public agencies that
address the needs of
the qualifying
populations.
Stakeholder
Survey
•Short-term hotel vouchers
for emergencies.
•Short-term housing for
undocumented
•Linkage with several housing
agencies to provide homeless
prevention
USC Verdugo Hills
Hospital - Community
Resource Center for
Aging
Public or private
organizations that
address the needs of
the qualifying
populations.
Stakeholder
Survey
•Housing navigator to help
older adults find
apartments and senior
housing.
•Navigator who can help
transport seniors to look at
apartments - some do not
have transportation and
limited mobility.
•Assistance with moving
and moving costs.
•Educate older adults re
section 8 housing projects
and vouchers and
research/apply for wait lists
even outside of Glendale -
do some longer range
planning to prevent
housing insecurity.
Glendale Memorial
Hospital and Health
Center
Public or private
organizations that
address the needs of
the qualifying
populations.
Stakeholder
Survey
•Shelters that can
accommodate individuals
who are independent with
no medical needs requiring
a place to stay and linkage
to services to establish
more permanent housing.
Door of Hope Public or private
organizations that
address the needs of
Stakeholder
Survey
•Lack of affordable
housing.
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4 the qualifying
populations.
YWCA Glendale and
Pasadena
Public or private
organizations that
address the needs of
the qualifying
populations.
Stakeholder
Survey
•Personal Safety: having
faced discrimination
because of being a
Domestic Violence
survivor, being denied
services from local Taxi
Service companies, being
refused completion of
services. Feeling
unwelcomed and a sense of
not belonging. Staff at
Domestic Violence service
provider have to perform
additional duties to ensure
clients can have external
services and respond to the
following:
•- Changing
pickup/destination
location, changing to Uber
services vs local Taxi
companies.
•- For one Armenian client,
when visiting another city,
felt discriminated against
for Armenian identity.
•Public Safety: Feeling at a
higher likelihood of being
stopped/cited/arrested by
the Glendale Police
Department. DV Service
Provider staff need to
provide specific directions
and shortcuts to get in and
out of City quickly. One
client was arrested and sent
to jail over outstanding car
tax. One client questioned
and made to cry over a
different type of car seat
for one of her children (in
front of her child)
•Housing Access: Being
discriminated against by
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5 local landlords and
property managers once
they identify client as DV
survivor. DV Service
Provider staff need to
create and maintain
relationships with
landlords. Not enough City
programs to educate,
correct, and intervene with
property owners.
•Public Schools: Some
students will tease children
from shelters. On some
occasions, children from
shelters are the only ones
NOT invited to kid’s
parties. Students and
families need education
from City programs to not
alienate, or somewhat
facilitate the othering of
children from DV survivor
families.
Home Again L.A. Public or private
organizations that
address the needs of
the qualifying
populations.
Stakeholder
Survey
•We do not have Crisis
Housing available. Should
someone/family contact an
agency in Glendale who
needs shelter it's not
possible to get them into
shelter immediately. Some
of our agencies are at
maximum capacity.
•We are in need of Security
Deposit Assistance, Case
Management (Staffing),
Landlord Incentives.
Summarize feedback received and results of upfront consultation with these entities:
The City of Glendale consulted with organizations within Glendale’s Continuum of Care to determine the unmet needs and gaps in services for each qualifying population. Organizations serving the homeless population indicated the following gaps:
1. Insufficient services for homelessness prevention.
2. Need for more outreach services, including during non-working hours.
3. Need for a 2 nd organization within the city to provide homeless services. 55 of 68
6 4. Need for short term hotel vouchers for emergencies.
5. Need for shelters that accommodate individuals who are independent with no medical needs.
Organizations serving those at risk of homeless and other populations at greatest risk of housing instability indicated the following gaps:
1. There is a need for more affordable housing units.
2. Few opportunities for residents of Glendale to participate in low-income housing due to limited number of units available in the City.
3. Services needed to help seniors find apartments and senior housing, including transportation services and assistance with moving.
4. Education needed for seniors to help them research housing opportunities, and to help them apply for wait lists.
Organizations serving those fleeing domestic violence, dating violence, sexual assault, stalking or human trafficking indicated the following gaps/unmet needs:
1. Population has the feeling that they are more at risk of being stopped/cited/arrested by police.
2. Need for staff to provide specific directions and shortcuts to get in and out of City quickly.
3. Experiencing discrimination from landlords and companies (like taxi services) once the client is identified as a DV survivor.
Public Participation
In accordance with Section V.B of the Notice (page 13), PJs must provide for and encourage citizen participation in the development of the HOME-ARP allocation plan. Before submission of the plan, PJs must provide residents with reasonable notice and an opportunity to comment on the proposed HOME-ARP allocation plan of no less than 15 calendar days. The PJ must follow its adopted requirements for “reasonable notice and an opportunity to comment” for plan amendments in its current citizen participation plan. In addition, PJs must hold at least one public hearing during the development of the HOME-ARP allocation plan and prior to submission.
PJs are required to make the following information available to the public:
•The amount of HOME-ARP the PJ will receive, and
•The range of activities the PJ may undertake.
Throughout the HOME-ARP allocation plan public participation process, the PJ must follow its applicable fair housing and civil rights requirements and procedures for effective communication, accessibility, and reasonable accommodation for persons with disabilities and 56 of 68
7 providing meaningful access to participation by limited English proficient (LEP) residents that are in its current citizen participation plan as required by 24 CFR 91.105 and 91.115.
Describe the public participation process, including information about and the dates of the public comment period and public hearing(s) held during the development of the plan:
•Date(s) of public notice: 3/6/2023
3/9/2023
3/13/2023
3/16/2023
3/20/2023
•Public comment period: start date - 3/6/2023 end date - 3/20/2023 •Date(s) of public hearing: 3/28/2023
Describe the public participation process:
City of Glendale’s public notice invited comments on the City’s intent to use the funding to acquire, rehabilitate or construct affordable rental housing for households that fit within one or more of the qualifying populations.
Stakeholder organizations were encouraged to complete a survey created to gauge the housing and supportive service needs of qualifying populations within the City and region. In addition to the public notice, the stakeholder organization survey was distributed to organizations within the City’s Continuum of Care.
Citizens were also encouraged to complete a survey created to help quantify the number of residents in Glendale and the region who fall within the Qualifying Populations. In addition to the public notice, a citizen survey was emailed to 16,378 people on the City’s affordable housing interest/notification list.
HOME-ARP funding was discussed at a community meeting designed to obtain input from the community on its housing needs.
Describe efforts to broaden public participation:
City of Glendale staff contacted developers, community organizations, organizations within the Glendale Continuum of Care, and over 16,000 citizens, seeking their input through a survey created to gauge the needs of qualifying populations.
Summarize the comments and recommendations received through the public participation process either in writing, or orally at a public hearing:
While the City of Glendale didn’t receive specific comments during the public participation period, it did receive 834 responses to a survey sent out to over 16,000 individuals on the City’s affordable housing interest/notification list. 834 individuals responded to the survey.
81.8% of respondents indicated that they had an income at either 30% or below of AMI, or an 57 of 68
8 income between 30%-50% of AMI.
Following are additional details on the responses received.
54.6% of survey respondents reported an income at or below 30% of AMI, and 89% of the respondents in this income category reported paying more than 30% of their income toward rent. Of this group:
•88% were Glendale residents
•36% reported being at risk of homelessness
•.02% (11 respondents) reported being homeless
•.005% (2 respondents) reported being veterans
•.005% (2 respondents) reported being domestic violence survivors
27.2% of survey respondents reported an income between 30% and 50% of AMI, and 90% of the respondents in this income category reported paying more than 30% of their income toward rent. Of this group:
•77% were Glendale residents
•20.8% reported being at risk of homelessness
•.009% (2 respondents) reported being homeless
•.024% (5 respondents) reported being domestic violence survivors Based on data received from the survey, the majority of respondents were paying more than 30% of their income toward rent, and therefore in need of affordable housing Summarize any comments or recommendations not accepted and state the reasons why:
Not applicable. The City accepted all comments and/or recommendations received during the Public Comment period.
Needs Assessment and Gaps Analysis
In accordance with Section V.C.1 of the Notice (page 14), a PJ must evaluate the size and demographic composition of all four of the qualifying populations within its boundaries and assess the unmet needs of each of those populations. If the PJ does not evaluate the needs of one of the qualifying populations, then the PJ has not completed their Needs Assessment and Gaps Analysis. In addition, a PJ must identify any gaps within its current shelter and housing inventory as well as the service delivery system. A PJ should use current data, including point in time count, housing inventory count, or other data available through CoCs, and consultations with service providers to quantify the individuals and families in the qualifying populations and their need for additional housing, shelter, or services. 58 of 68
9 Homeless Needs Inventory and Gap Analysis Table
Homeless
Current Inventory Homeless Population Gap Analysis
Family Adults Only Vets Family Adults Only
# of
Beds
# of
Units
# of
Beds
# of
Units
# of
Beds
Family
HH (at
least 1
child)
Adult
HH
(w/o
child)
Vets Victims
of DV # of
Beds
# of
Units
# of
Beds
# of
Units
Emergency
Shelter 35 0 54 0 0
Transitional
Housing 49 13 1 13 0
Permanent
Supportive
Housing
68 11 101 11 12
Other Permanent
Housing 0 24 5 24 0
Sheltered
Homeless 22 52 4 16
Unsheltered
Homeless 0 103 3 2
Current Gap 0 0 0 107
Data Sources: 1. City of Glendale: 2022 Glendale Homeless Count Comprehensive Report; 2. City of Glendale Affordable Housing Portfolio. 3. City of Glendale 2022 Housing Inventory Count.
Housing Needs Inventory and Gap Analysis Table
Non-Homeless
Current Inventory Level of Need Gap Analysis
# of Units # of Households # of Households
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10 Total Rental Units 50,179
Rental Units Affordable to HH at 30%
AMI (At-Risk of Homelessness) 195
Rental Units Affordable to HH at 50%
AMI (Other Populations) 627
0%-30% AMI Renter HH w/ 1 or more
severe housing problems
(At-Risk of Homelessness)
14,595
30%-50% AMI Renter HH w/ 1 or more
severe housing problems
(Other Populations)
7,205
Current Gaps 20,978
Data Sources: 1. US Census American Community Survey (ACS) 2015-2019; 2. Comprehensive Housing Affordability Strategy (CHAS), Glendale Housing Authority Affordable Housing Portfolio Describe the size and demographic composition of qualifying populations within the PJ’s boundaries:
Homeless as defined in 24 CFR 91.5
According to the City of Glendale 2022 Homeless Count Report, 225 persons were homeless (sheltered and unsheltered).This represented a 33% increase from 2020 (a count was not conducted in 2021 due to the Covid-19 pandemic.
Of the 225 total persons counted as homeless in 2022, 32% counted were persons in families with children, a 9% increase since 2020. 68% were individuals without children, a 48% increase since 2020.
Following is demographical information about the homeless population:
20% under the age of 18
2% Ages 18-24
78% 25 years of age and over
14% Over 65 years of age
At Risk of Homelessness as defined in 24 CFR 91.5
Based on data from the American Community Survey (ACS) 2015-2019 and the most recent Comprehensive Housing Affordability Strategy (CHAS), at least 14,400 Glendale households are at risk of homelessness in the City of Glendale.
Based on survey results sent to 16,378 citizens, and 834 respondents, 54.6% of survey respondents reported an income at or below 30% of AMI, and 89% of the respondents in this income category reported paying more than 30% of their income toward rent. Of this group:
•88% were Glendale residents
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11 •36% reported being at risk of homelessness
•.02% (11 respondents) reported being homeless
•.005% (2 respondents) reported being veterans
•.005% (2 respondents) reported being domestic violence survivors Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice Based on survey results sent to 16,378 citizens, and 834 respondents, 12 respondents indicated that they were fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking or human trafficking.
21% of sheltered homeless in the City of Glendale’s 2022 Point in Time Count indicated that they were fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking or human trafficking.
Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability, as defined by HUD in the Notice Based on data from the American Community Survey (ACS) 2015-2019 and the most recent Comprehensive Housing Affordability Strategy (CHAS), at least 14,400 Glendale households are at risk of homelessness in the City of Glendale.
Based on survey results sent to 16,378 citizens, and 834 respondents, 27.2% of survey respondents reported an income between 30% and 50% of AMI, and 90% of the respondents in this income category reported paying more than 30% of their income toward rent. Of this group:
•77% were Glendale residents
•20.8% reported being at risk of homelessness
•.009% (2 respondents) reported being homeless
•.024% (5 respondents) reported being domestic violence survivors Identify and consider the current resources available to assist qualifying populations, including congregate and non-congregate shelter units, supportive services, TBRA, and affordable and permanent supportive rental housing (Optional):
The City of Glendale has 4 affordable housing projects, with a total of 48 units which service the needs of qualifying populations. It also works with Ascencia Glendale, the YWCA, and other organizations within its Continuum of Care to serve the needs of qualifying populations.
Describe the unmet housing and service needs of qualifying populations:
Homeless as defined in 24 CFR 91.5
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12 Through the consultation process, organizations expressed the need for emergency housing, hotel vouchers and more support services, including mental health and services available during non-working hours.
At Risk of Homelessness as defined in 24 CFR 91.5
Data and consultation feedback showed that the greatest need for those at risk of homelessness was the availability of affordable housing units.
Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice Enter narrative response here.
Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability as defined by HUD in the Notice Data and consultation feedback showed that the greatest need for those at greatest risk of housing instability was the availability of affordable housing units.
Identify any gaps within the current shelter and housing inventory as well as the service delivery system:
Organizations within the Continuum of Care indicated that more outreach personnel were needed, including during non-working hours, to address the homeless population.
Under Section IV.4.2.ii.G of the HOME-ARP Notice, a PJ may provide additional characteristics associated with instability and increased risk of homelessness in their HOME- ARP allocation plan. These characteristics will further refine the definition of “other populations” that are “At Greatest Risk of Housing Instability,” as established in the HOME- ARP Notice. If including these characteristics, identify them here:
N/A
Identify priority needs for qualifying populations:
Based on results of data analysis and consultation, and evaluating gaps and unmet needs, the City of Glendale has identified that those at risk of homelessness and those at the greatest risk of housing instability have the greatest need for affordable housing units.
Explain how the PJ determined the level of need and gaps in the PJ’s shelter and housing inventory and service delivery systems based on the data presented in the plan:
The City evaluated data from surveys, housing data from ACS and CHAS reports, Housing Authority data, and analysis of the existing affordable housing portfolio within the City. 62 of 68
13 HOME-ARP Activities
Template:
Describe the method(s)that will be used for soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors:
The City of Glendale / Glendale Housing Authority solicits proposals to develop affordable housing projects using either a Request for Qualifications (RFQ) or a Request for Proposals (RFP). The RFQ or RFP is issued to over 100 organizations and over 250 individuals who have expressed an interest in developing affordable housing projects in Glendale. These organizations are spread out throughout Southern California. Staff from Housing, Planning, Building and Safety, and others form a review committee and review each proposal and make a recommendation to the Housing Authority Board based on criteria outlined in the RFQ or RFP. The Housing Authority can accept staff’s recommendation or select another developer team to partner with to develop the affordable housing project. The developer team is provided an Exclusive Negotiating Agreement upon selection. Staff then works with the developer team to further plan the project, entitle the project, secure financing, and ultimately enter into an Affordable Housing Agreement (AHA). After the AHA is executed and financing is in place, the project begins construction per the AHA, which details the scope of work, schedule of performance, method of financing, and many more details.
Describe whether the PJ will administer eligible activities directly:
The City will work directly with developers to develop an affordable housing project that creates units for qualifying populations.
If any portion of the PJ’s HOME-ARP administrative funds are provided to a subrecipient or contractor prior to HUD’s acceptance of the HOME-ARP allocation plan because the subrecipient or contractor is responsible for the administration of the PJ’s entire HOME-ARP grant, identify the subrecipient or contractor and describe its role and responsibilities in administering all of the PJ’s HOME-ARP program:
N/A
In accordance with Section V.C.2. of the Notice (page 4), PJs must indicate the amount of HOME-ARP funding that is planned for each eligible HOME-ARP activity type and demonstrate that any planned funding for nonprofit organization operating assistance, nonprofit capacity building, and administrative costs is within HOME-ARP limits. 63 of 68
14 Template:
Use of HOME-ARP Funding
Funding Amount Percent of the
Grant
Statutory
Limit
Supportive Services $ #
Acquisition and Development of Non-
Congregate Shelters $ #
Tenant Based Rental Assistance (TBRA) $ #
Development of Affordable Rental Housing $ 4,342,944
Non-Profit Operating $ # # % 5%
Non-Profit Capacity Building $ # # % 5%
Administration and Planning $ 766,402 # % 15%
Total HOME ARP Allocation $ 5,109,345
Describe how the PJ will distribute HOME-ARP funds in accordance with its priority needs identified in its needs assessment and gap analysis:
HOME-ARP funds will be used to develop affordable housing units for qualifying populations.
Once a developer is approved by the City Council and Housing Authority, and the Authority has entered into an Affordable Housing Agreement with the developer, funds will be distributed upon construction of affordable housing units.
Describe how the characteristics of the shelter and housing inventory, service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund eligible activities:
The City compared the number of available affordable housing units and services for each qualifying population to the size of the population and found that the greatest need was for affordable units for households at 30% or below of AMI.
HOME-ARP Production Housing Goals
Template
Estimate the number of affordable rental housing units for qualifying populations that the PJ will produce or support with its HOME-ARP allocation:
The City tentatively expects to produce 25-30 units of affordable housing using HOME-ARP dollars. The funding will be leveraged with other sources of funds to produce additional units.
Describe the specific affordable rental housing production goal that the PJ hopes to achieve and describe how the production goal will address the PJ’s priority needs:
The Glendale City Council and Glendale Housing Authority have made production of affordable housing units its top priority. It uses a variety of funding, including local Measure S funds to 64 of 68
15 accomplish this goal. HOME-ARP funds will enable the City to meet its goal of addressing the demand for affordable housing among qualifying populations. 65 of 68
16 Preferences
A preference provides a priority for the selection of applicants who fall into a specific QP or category (e.g., elderly or persons with disabilities) within a QP (i.e., subpopulation) to receive assistance. A preference permits an eligible applicant that qualifies for a PJ-adopted preference to be selected for HOME-ARP assistance before another eligible applicant that does not qualify for a preference. A method of prioritization is the process by which a PJ determines how two or more eligible applicants qualifying for the same or different preferences are selected for HOME- ARP assistance. For example, in a project with a preference for chronically homeless, all eligible QP applicants are selected in chronological order for a HOME-ARP rental project except that eligible QP applicants that qualify for the preference of chronically homeless are selected for occupancy based on length of time they have been homeless before eligible QP applicants who do not qualify for the preference of chronically homeless.
Please note that HUD has also described a method of prioritization in other HUD guidance.
Section I.C.4 of Notice CPD-17-01 describes Prioritization in CoC CE as follows:
“Prioritization. In the context of the coordinated entry process, HUD uses the term “Prioritization” to refer to the coordinated entry-specific process by which all persons in need of assistance who use coordinated entry are ranked in order of priority. The coordinated entry prioritization policies are established by the CoC with input from all community stakeholders and must ensure that ESG projects are able to serve clients in accordance with written standards that are established under 24 CFR 576.400(e). In addition, the coordinated entry process must, to the maximum extent feasible, ensure that people with more severe service needs and levels of vulnerability are prioritized for housing and homeless assistance before those with less severe service needs and lower levels of vulnerability. Regardless of how prioritization decisions are implemented, the prioritization process must follow the requirements in Section II.B.3. and Section I.D. of this Notice.”
If a PJ is using a CE that has a method of prioritization described in CPD-17-01, then a PJ has preferences and a method of prioritizing those preferences. These must be described in the HOME-ARP allocation plan in order to comply with the requirements of Section IV.C.2 (page 10) of the HOME-ARP Notice.
In accordance with Section V.C.4 of the Notice (page 15), the HOME-ARP allocation plan must identify whether the PJ intends to give a preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project. •Preferences cannot violate any applicable fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a). •The PJ must comply with all applicable nondiscrimination and equal opportunity laws and requirements listed in 24 CFR 5.105(a) and any other applicable fair housing and civil rights laws and requirements when establishing preferences or methods of prioritization.
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17 While PJs are not required to describe specific projects in its HOME-ARP allocation plan to which the preferences will apply, the PJ must describe the planned use of any preferences in its HOME-ARP allocation plan. This requirement also applies if the PJ intends to commit HOME- ARP funds to projects that will utilize preferences or limitations to comply with restrictive eligibility requirements of another project funding source. If a PJ fails to describe preferences or limitations in its plan, it cannot commit HOME-ARP funds to a project that will implement a preference or limitation until the PJ amends its HOME-ARP allocation plan.
For HOME-ARP rental housing projects, Section VI.B.20.a.iii of the HOME-ARP Notice (page 36) states that owners may only limit eligibility or give a preference to a particular qualifying population or segment of the qualifying population if the limitation or preference is described in the PJ’s HOME-ARP allocation plan. Adding a preference or limitation not previously described in the plan requires a substantial amendment and a public comment period in accordance with Section V.C.6 of the Notice (page 16).
Template:
Identify whether the PJ intends to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project:
As a result of data collected through the consultation and public participation process, staff has determined that the greatest need for HOME-ARP funding is among households at risk of homelessness, and those households at greatest risk of housing instability, specifically households at or below 30% of AMI.
If a preference was identified, explain how the use of a preference or method of prioritization will address the unmet need or gap in benefits and services received by individuals and families in the qualifying population or subpopulation of qualifying population, consistent with the PJ’s needs assessment and gap analysis:
Producing affordable units for households at or below 30% of AMI will help decrease the number of households at risk of homelessness and at greatest risk of housing instability.
Limitations in a HOME-ARP rental housing or NCS project Limiting eligibility for a HOME-ARP rental housing or NCS project is only permitted under certain circumstances.
•PJs must follow all applicable fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a).
This includes, but is not limited to, the Fair Housing Act, Title VI of the Civil Rights Act, section 504 of Rehabilitation Act, HUD’s Equal Access Rule, and the Americans with Disabilities Act, as applicable.
•A PJ may not exclude otherwise eligible qualifying populations from its overall HOME- ARP program.
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18 •Within the qualifying populations, participation in a project or activity may be limited to persons with a specific disability only, if necessary, to provide effective housing, aid, benefit, or services that would be as effective as those provided to others in accordance with 24 CFR 8.4(b)(1)(iv). A PJ must describe why such a limitation for a project or activity is necessary in its HOME-ARP allocation plan (based on the needs and gap identified by the PJ in its plan) to meet some greater need and to provide a specific benefit that cannot be provided through the provision of a preference. •For HOME-ARP rental housing, section VI.B.20.a.iii of the Notice (page 36) states that owners may only limit eligibility to a particular qualifying population or segment of the qualifying population if the limitation is described in the PJ’s HOME-ARP allocation plan.
•PJs may limit admission to HOME-ARP rental housing or NCS to households who need the specialized supportive services that are provided in such housing or NCS. However, no otherwise eligible individuals with disabilities or families including an individual with a disability who may benefit from the services provided may be excluded on the grounds that they do not have a particular disability.
Template
Describe whether the PJ intends to limit eligibility for a HOME-ARP rental housing or NCS project to a particular qualifying population or specific subpopulation of a qualifying population identified in section IV.A of the Notice:
A portion of HOME-ARP funds may be used for seniors at or below 30% of AMI.
If a PJ intends to implement a limitation, explain why the use of a limitation is necessary to address the unmet need or gap in benefits and services received by individuals and families in the qualifying population or subpopulation of qualifying population, consistent with the PJ’s needs assessment and gap analysis:
Based on citizen survey, 39.5% of respondents were seniors and fell within the category of either at risk of homelessness, or at greatest risk of housing instability. While HOME-ARP funds may be used for qualifying populations who are not seniors, a portion of the funding may be used in a project that houses seniors at or below 30% of AMI.
If a limitation was identified, describe how the PJ will address the unmet needs or gaps in benefits and services of the other qualifying populations that are not included in the limitation through the use of HOME-ARP funds (i.e., through another of the PJ’s HOME-ARP projects or activities):
HOME-ARP funding may also be used to fund the development of affordable housing units for other qualifying populations at or below 30% of AMI.
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