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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE GLENDALE CITY COUNCIL
AGENDA ITEM
Report: Approval of Amended Joint Powers Agreement of the Burbank-Glendale- Pasadena Regional Housing Trust, a Joint Powers Authority, Created Pursuant To Senate Bill No. 1177, and Re-Appointment of Councilmember Dan Brotman to a New Two-Year Term.
1. City Council Resolution Approving Amended Burbank Glendale Pasadena Regional Housing Trust Joint Powers Agreement Removing the 2-Term Limit for Board of Director Representatives Serving on the Trust;
2. City Council Motion Appointing Councilmember Dan Brotman to Serve a New Two-Year Term as a Board of Director Representative to the Burbank-Glendale- Pasadena Regional Housing Trust.
COUNCIL ACTION
Item Type: Action Item
Approved for March 18, 2025 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 Burbank-Glendale-Pasadena Regional Housing Trust (Trust). The legislation allowed the three cities to enter into a Joint Powers Agreement (JPA). The Trust Board currently consists of Burbank Mayor Nikki Perez (Chair), Glendale Councilmember Dan Brotman (Vice Chair), and Pasadena Mayor Victor Gordo (Director). The JPA provides that each term of service to the Board is two years and each Director is limited to two terms, however, the term limits are only required by the JPA, and not by state law.
The Director terms all began when the JPA came into existence on March 28, 2023. If all three of the current directors complete their first term and are reappointed to the Board by their respective cities, the Board will fully turn over in March of 2027. On February 5, the Board considered whether and how to stagger appointments to avoid this situation, as institutional and procedural knowledge contributes to the Trust’s smooth operation.
The Board discussed options for staggering terms and concluded that both the staggering of terms and the filling of vacancies can be resolved by removing the two-term limit. If the term limits were lifted, at any time a Director steps down from the Board for any reason, 2{{section.number}}e
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another Director would be appointed by their respective city to finish out that term.
In addition, the first term for Councilmember Brotman on the Board will expire on March 28, 2025, and the City Council is requested to take action to fill that position.
Councilmember Brotman has indicated a desire to continue serving on the Trust for a second term.
RECOMMENDATION
That the City Council:
1. Approve the Amended Burbank Glendale Pasadena Regional Housing Trust Joint Powers Agreement removing the two-term limit for Board of Director representatives serving on the Trust; and
2. Appoint Councilmember Dan Brotman to serve a new two-year term as a Board of Director representative to the Burbank-Glendale-Pasadena Regional Housing Trust.
ANALYSIS
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 (Trust). The Trust is charged with funding 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.
The legislation allowed the three cities to enter into a Joint Powers Agreement (JPA) and develop bylaws for the regional housing trust for the purpose of funding 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.
The JPA was approved and became effective on March 28, 2023. Each term of service to the Board is two years and each Director is limited to two terms under the existing JPA; however, the term limits are only required by the JPA, and not by state law. The Director terms all began when the JPA came into existence on March 28, 2023. If all three of the current directors complete their first term and are reappointed to the Board by their respective cities, the Board will fully turn over in March of 2027.
The Trust Board discussed options for how terms could be staggered and came to the conclusion that both the staggering of terms and the filling of vacancies can be resolved by removing the two-term limit. As noted above, this requirement is not found in the state law, but only in the JPA. If the term limits were lifted, at any time a Director steps down from the Board for any reason, another Director would be appointed by their respective city to finish out that term.
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A draft amended JPA to effectuate this change has been prepared by the Trust attorney and has been reviewed and approved as to form and legality by the City Attorney Offices of the member cities. The Amended JPA is attached as Exhibit 1 for City Council review and approval.
STAKEHOLDERS/OUTREACH
Not Applicable.
FISCAL IMPACT
There is no Fiscal Impact related to the actions proposed of authorizing the City Manager to enter into the amended Joint Powers Agreement and selection of a Councilmember for a new two-year term.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
Staff has determined that authorizing entering into an amended JPA for the Trust 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 action is exempt under Section 15061(b)(3), as the authorization of an amended JPA and appointment of a Director to the Trust 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 action 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 amended JPA and selection of a Director for the Trust does not 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 the activity. 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. 4{{section.number}}e
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ALTERNATIVES TO STAFF RECOMMENDATION
Alternative 1: Approve the amended Joint Powers Agreement for the Burbank- Glendale-Pasadena Regional Housing Trust and appoint a Councilmember to serve as a Board of Director.
Alternative 2: Reject approval of the amended Joint Powers Agreement for the Burbank-Glendale-Pasadena Regional Housing Trust and appoint a new Councilmember to serve as a Board of Director.
Alternative 3: Any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Submitted by:
Bradley Calvert, Director of Community Development
Prepared by:
Peter Zovak, Assistant Director
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
1. Amended Joint Powers Agreement