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Packet Pg. 642 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 19 be secured generally as follows:
1. Type and Cost of Participation. A developer seeking to satisfy the child care requirements of this Chapter through participation in the construction or establishment of new child care facilities shall submit documentation acceptable to the Director of Planning and Community Development to support the request for participation in lieu of fees. The documentation shall establish that the type and cost of participation including, but not limited to, construction, rehabilitation of existing structures conforming to license and zoning requirements, or land or premises dedication, bears a reasonable relationship to the fee otherwise required in subsection (A). Construction Cost Indexes, prevailing wage rates, and the best available index of costs of equipment and supplies shall be utilized to determine the level of participation relative to the required fee. In the case of land or premises dedication, the market value of land or premises dedicated shall be reasonably related to the fee otherwise required in subsection (A). If the actual construction cost or market value is greater than the required relevant fees, the City shall have no obligation to pay the excess amount.
2. Approval of Participation. The Director of Planning and Community Development, after consultation with the Director of the Community and Cultural Services Department, shall determine and approve the type and cost of participation in the construction or establishment of facilities.
3. Verification of Participation. The Director of Planning and Community Development shall require that the developer submit a written verification of participation in meeting these requirements. Said verification shall consist of documentation sufficient to enable the Director to readily determine compliance with the provisions of this Chapter.
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Packet Pg. 643 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 20 Upon receipt of documentation sufficient to demonstrate compliance, the Director shall issue a notice that the developer has complied with the requirements of this Chapter.
4. The Director’s determination of the type and cost of participation in the construction or establishment of child care facilities pursuant to this Section may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Section 9.37.130.
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Packet Pg. 644 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 21 CHAPTER 9.66 TRANSPORTATION IMPACT FEE PROGRAM
Section 9.66.040 Transportation Mitigation Requirement
Except as provided in Section 9.66.050, the developer of a project shall pay a transportation impact fee in accordance with the following:
A. Transportation Impact Fee. Fees shall be computed as follows:
1. For single-unit-family residential development projects that result in the addition of a dwelling unit:
a. Seven thousand six hundred dollars per multi-unit-family dwelling unit in Area 1.
b. Seven thousand eight hundred dollars per multi-unit-family dwelling unit in Area 2.
2. For multi-unit-family residential development projects that result in the addition of a dwelling unit:
a. Two thousand six hundred dollars per multi-unit-family dwelling unit in Area
1. b. Three thousand three hundred dollars per multi-unit-family dwelling unit in Area 2.
c. Two thousand six hundred dollars per multi-unit-family dwelling unit in Area 3 overlay for housing development projects that satisfy the requirements of subsection (A)(6)(a), (b), and (c) of this Section.
3. All nonresidential projects shall pay the following based on the square footage of the proposed project:
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Packet Pg. 645 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 22 a. Retail.
i. Twenty-one dollars per square foot in Area 1.
ii. Thirty dollars and ten cents per square foot in Area 2. b. Office.
i. Nine dollars and seventy cents per square foot in Area 1. ii. Ten dollars and eighty cents per square foot in Area 2. c. Medical Office.
i. Twenty-eight dollars and ten cents per square foot in Area 1. ii. Twenty-nine dollars and eighty cents per square foot in Area
2. d. Hospital.
i. Not applicable.
ii. Fourteen dollars and seventy cents per square foot in Area 2. e. Lodging.
i. Three dollars and sixty cents per square foot in Area 1. ii. Three dollars and sixty cents per square foot in Area 2. f. Industrial.
i. One dollar and twenty cents per square foot in Area 1. ii. One dollar and thirty cents per square foot in Area 2. g. Auto Sales and Display Areas.
i. One dollar and twenty cents per square foot in Area 1. ii. One dollar and thirty cents per square foot in Area 2.
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Packet Pg. 646 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 23 4. The land use categories identified in subsections (3)(a) through (g) shall have the following meanings:
a. Single-unit-family residential shall include single-unit-family dwelling. b. Multi-unit-family residential shall include congregate care— nonsenior, congregate care—seniors, and multiple-unit dwelling multi-family. c. Retail shall include: animal kennels and veterinary hospitals, auto repair, car wash, community meeting facilities, community centers and nonresidential adult care facilities, retail and wholesale construction- related materials, nurseries and garden centers, entertainment and recreational facilities, gas station, library, museums, aquariums and art galleries, nightclubs and bars, personal services, post-secondary educational facility, pre-school/child day care, private studio, restaurants—fast food and cafés, restaurants—sit down, retail durable goods, retail food and markets, retail mixed, and retail nonfood. d. Office shall include: creative office, financial institutions and office, and general office.
e. Medical office shall include: medical office, including medical clinics, and offices for medical professionals.
f. Hospital shall include: full service hospitals.
g. Lodging shall include: hotels, motels and other overnight accommodations.
h. Industrial shall include: surface or structured auto inventory storage, City maintenance facilities and bus yards, heavy industrial and manufacturing, light industrial, utilities, warehouse and self-storage, and wholesale distribution and
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Packet Pg. 647 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 24 shipping.
5. For mixed residential/nonresidential development, the sum of the fee required for each component as set forth in subsections (A)(2) and (A)(3) of this Section.
6. Housing development projects within the Area 3 overlay that meet the following characteristics shall pay a transportation impact fee of two thousand six hundred dollars per multi-unit-family dwelling unit:
a. The housing development is located within one-half mile of a transit station and there is direct access between the housing development and the transit station along a barrier-free walkable pathway not exceeding one-half mile in length; and
b. Convenience retail uses, including a store that sells food, are located within one-half mile of the housing development; and
c. The housing development provides either the minimum number of parking spaces required by the municipal code, or no more than one on- site parking space for zero- to two-bedroom units, and two on-site parking spaces for three or more bedroom units, whichever is less.
7. The amount of legally permitted square footage to be demolished in an existing building or structure, or to be removed from an outdoor area used as part of a service station or for auto dealer sales, display and inventory storage, as a part of a project shall be a credit in the calculation of the transportation impact fee. Outdoor area used as part of a gas station shall not include setbacks, landscaping, parking and other paved areas used solely for access and circulation.
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Packet Pg. 648 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 25 B. Timing of Fee Payment.
1. The project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid, except that the project applicant for a project that has vested rights under State or local law shall pay the applicable fees in accordance with those vested rights. except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete, as automatically adjusted.
2. The Transportation Impact Fee shall be paid in full upon issuance of a certificate of occupancy or final inspection, whichever occurs last. No building permit for any project shall be issued unless the fees have been paid or, if state law requires the City to accept later fee payment, a contract to pay the fees has been executed with the City, in which case no final inspection shall be approved until the fees have been paid. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection.
3. For all projects subject to this Chapter, the City may require the payment of fees at an earlier time if the fees will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the City has a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the City for expenditures previously made.
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Packet Pg. 649 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 26 CHAPTER 9.67 PARKS AND RECREATION DEVELOPMENT IMPACT FEE
PROGRAM
9.67.040. Parks and Recreation Mitigation Requirement.
Except as provided in Section 9.67.050, the developer of a Project shall pay a Parks and Recreation Development Impact Fee in accordance with the following:
A. Parks and Recreation Development Impact Fee. Fees shall be computed as follows:
1. For Single-Unit Family residential development projects that result in the addition of a dwelling unit:
a. $7,636 per single-unit family dwelling unit.
2. For Multi-Unit-Family residential development projects that result in the addition of a dwelling unit:
a. $4,138 per studio/one-bedroom multi-unit-family dwelling unit. b. $6,665 per multi-unit-family dwelling unit with two or more bedrooms.
3. All nonresidential projects shall pay the following based on the gross square footage of the proposed project:
a. Office: $2.31 per square foot.
b. Medical Office: $1.27 per square foot.
c. Retail: $1.49 per square foot.
d. Lodging: $3.11 per square foot.
e. Industrial: $1.30 per square foot.
4. The land use categories identified in paragraphs (1)—(3), above, shall have the following meanings:
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Packet Pg. 650 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 27 a. Single-Unit Family Residential shall include Single-Unit Dwelling Family.
b. Multi-Unit-Family Residential shall include: congregate care—non senior, congregate care—seniors, and multiple-unit dwelling multi-family. c. Office shall include: creative office, financial institutions and office, and general office.
d. Medical office shall include: full service hospitals and medical offices, including medical clinics, and offices for medical professionals. e. Retail shall include: animal kennels and veterinary hospitals, auto repair, car wash, nonresidential adult care facilities, retail and wholesale construction-related materials, nurseries and garden centers, entertainment and recreational facilities, gas stations, and art galleries, nightclubs and bars, Personal services, Post-secondary educational facility, private studio, restaurants—fast food and cafes, restaurants—sit down, retail durable goods, retail food and markets, retail mixed, and retail nonfood.
f. Lodging shall include: hotels, motels and other overnight accommodations.
g. Industrial shall include: surface or structured auto inventory storage, heavy industrial and manufacturing, light industrial, utilities, warehouse and selfstorage, and wholesale distribution and shipping.
5. For mixed residential/nonresidential development, the sum of the fee required for each component as set forth above in paragraphs (A)(2) and (A)(3) of this subsection.
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Packet Pg. 651 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 28 6. The amount of legally permitted square footage to be demolished in an existing building or structure as a part of a Project shall be a credit in the calculation of the Parks and Recreation Development Impact Fee.
B. Timing of Fee Payment.
1. The project Project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid, except that the project applicant for a project that has vested rights under State or local law shall pay the applicable fees in accordance with those vested rights, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete, as automatically adjusted.
2. The Parks and Recreation Development Impact Fee shall be paid in full upon issuance of a certificate of occupancy or final inspection, whichever occurs last. No building permit for any Project shall be issued unless the fees have been paid, except for residential uses where state law requires payment before final inspection or the issuance of certificate of occupancy, whichever comes first. If state law applies, a contract to pay the fees shall be executed with the City, in which case, no final inspection shall be approved until the fees have been paid. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project.
Each fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection.
3. For all Projects subject to this Chapter, the City may require the payment of fees at an earlier time if the fees will be collected for public improvements or facilities for
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Packet Pg. 652 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 29 which an account has been established and funds appropriated and for which the City has a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the City for expenditures previously made.
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Packet Pg. 653 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 30 CHAPTER 9.68 AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE
PROGRAM
9.68.040. Affordable Housing Mitigation Requirement.
Except as provided in Section 9.68.050, the developer of a Project shall pay an affordable housing commercial linkage fee in accordance with the following:
A. Affordable Housing Commercial Linkage Fee. Fees shall be computed as follows:
1. All nonresidential portions of a Project shall pay the following based on the gross square footage of each use included in the proposed Project:
a. Retail: $9.75 square foot.
b. Office: $11.21 per square foot.
c. Hotel/Lodging: $3.07 per square foot.
d. Hospital: $6.15 per square foot.
e. Industrial: $7.53 per square foot.
f. Institutional: $10.23 per square foot.
g. Creative Office: $9.59 per square foot.
h. Medical Office: $6.89 per square foot.
2. The land use categories identified in paragraphs (a)—(h) above shall have the following meanings:
a. Retail shall include: animal kennels and veterinary hospitals, auto repair, car wash, retail and wholesale construction-related materials, nurseries and garden centers, entertainment and recreational facilities, gas stations, art galleries, nightclubs and bars, Personal services, Post-secondary educational facility,
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Packet Pg. 654 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 31 private studio, restaurants—fast food and cafes, restaurants—sit down, retail durable goods, retail food and markets, retail mixed, and retail nonfood. b. Office shall include: financial institutions and office, and general office.
c. Hotel/Lodging shall include: hotels, motels and other overnight accommodations.
d. Hospital shall include: full service hospitals.
e. Industrial shall include: surface or structured auto inventory storage, City maintenance facilities and bus yards, heavy industrial and manufacturing, light industrial, utilities, warehouse and self-storage, and wholesale distribution and shipping.
f. Institutional shall include: educational and cultural facilities. g. Creative Office shall include: offices, production spaces and work spaces of establishments that are in the business of the development of creative property, including but not limited to, advertising, architectural services, broadcasting, communications, computer software design, entertainment, engineering, graphic design, interior design, internet content, landscape design, and similar uses.
h. Medical Office shall include: Medical office, including medical clinics, and offices for medical professionals.
3. The amount of legally permitted nonresidential square footage to be demolished in an existing building or structure, or to be removed from an outdoor area used as part of a service station or for auto dealer sales, display and inventory storage,
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Packet Pg. 655 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 32 as a part of a Project shall be a credit in the calculation of the Affordable Housing Commercial Linkage Fee. Outdoor area used as part of a gas station shall not include setbacks, landscaping, parking and other paved areas used solely for access and circulation. Credit shall be applied on a per square foot basis according to per square foot fee assigned to the type of commercial use that existed on the site prior to the new Project application submittal.
B. Timing of Fee Payment.
1. The project Project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid except that the project applicant for a project that has vested rights under State or local law shall pay the applicable fees in accordance with those vested rights, except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete, as automatically adjusted.
2. The Affordable Housing Commercial Linkage Fee shall be paid in full upon issuance of a certificate of occupancy or final inspection, whichever occurs last. No building permit for any Project shall be issued unless the fees have been paid.
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Packet Pg. 656 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 08.07.241
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Packet Pg. 657 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation) CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 08.07.24 CASE STUDY: RESIDENTIAL ZONE
2030 MONTANA AVE
2 EXISTING FIRST FLOOR PLAN
2030 MONTANA AVE
PARCEL SIZE: 8,747 SF
EXISTING USE: MARKET
EXISTING BUILDING: 4,000 SF
ZONING: R2
CURRENT ALLOWANCE MAX FAR: 4 UNITS
CURRENT ALLOWANCE MAX HEIGHT: 2
STORIES, 30 FT
PARCEL COVERAGE: 50%
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Packet Pg. 658 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 2030 MONTANA AVE
ADAPTIVE REUSE
FIRST FLOOR PLAN
2030 MONTANA AVE
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Packet Pg. 659 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 2030 MONTANA AVE
ADAPTIVE REUSE
SECOND FLOOR PLAN
2030 MONTANA AVE
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Packet Pg. 660 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 2030 MONTANA AVE
PARCEL SIZE: 8,747 SF
EXISTING USE: MARKET
EXISTING BUILDING: 4,000 SF
ZONING: R2
CURRENT ALLOWANCE MAX FAR: 4 UNITS
CURRENT ALLOWANCE MAX HEIGHT: 30 FT
PARCEL COVERAGE: 50%
ADAPTIVE REUSE OF SITE TO BE:
RETAIL/OFFICE: 2,646 SF
RESIDENTIAL: 11,779 SF / 13 UNITS
NEW TOTAL: 14,759 SF
NEW TOTAL HEIGHT: 39 FT
NEW PARCEL COVERAGE: 84%
ADAPTIVE REUSE OF SITE
2030 MONTANA AVE
5 FIRST FLOOR PLAN
15 FT
12 FT
12 FT
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Packet Pg. 661 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation) CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 08.07.24 CASE STUDY: NC ZONE
1730 OCEAN PARK BLVD
6 EXISTING FIRST FLOOR PLAN
1730 OCEAN PARK BLVD
PARCEL SIZE: 7,200SF
EXISTING USE: OFFICE/RETAIL
EXISTING BUILDING: 3,988 SF
ZONING: NC
CURRENT ALLOWANCE MAX FAR: 2.5
CURRENT ALLOWANCE MAX HEIGHT: 50 FT
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Packet Pg. 662 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 1730 OCEAN PARK BLVD
ADAPTIVE REUSE
7 SECOND FLOOR PLAN
1730 OCEAN PARK BLVD
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Packet Pg. 663 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 8 FT
1730 OCEAN PARK BLVD
PARCEL SIZE: 7,200SF
EXISTING USE: OFFICE/RETAIL
EXISTING BUILDING: 3,988 SF
ZONING: NC
CURRENT ALLOWANCE MAX FAR: 2.5
CURRENT ALLOWANCE MAX HEIGHT: 50 FT
ADAPTIVE REUSE OF SITE TO BE:
RETAIL/OFFICE: 2,166 SF
RESIDENTIAL: 8,564 SF / 14 UNITS
NEW TOTAL: 10,346 SF
NEW TOTAL HEIGHT: 42 FT
FAR: 10,346 SF / 7,200 SF = 1.4
1730 OCEAN PARK BLVD
8 ADAPTIVE REUSE OF SITE
SECOND FLOOR PLAN
12 FT
12 FT
11 FT
11 FT
12 FT
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Packet Pg. 664 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation) CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 08.07.24 CASE STUDY: MUB ZONE
1661 LINCOLN BLVD
9 EXISTING FIRST FLOOR PLAN
1661 LINCOLN BLVD
PARCEL SIZE: 35,000SF
EXISTING USE: OFFICE W/ PARKING
EXISTING BUILDING: 58,031 SF + 5,692 SF
OFFICE
ZONING: MUB
CURRENT ALLOWANCE MAX FAR: 3.25
CURRENT ALLOWANCE MAX HEIGHT: 70 FT
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Packet Pg. 665 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 10 FIRST FLOOR PLAN
1661 LINCOLN BLVD
1661 LINCOLN BLVD
ADAPTIVE REUSE
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Packet Pg. 666 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE #
SECOND FLOOR PLAN (THIRD & SIXTH FLOOR SIM)
2ND FLOOR (3RD & 6TH FLOOR SIM)
12,507 SF RESIDENTIAL
15 UNITS
834 SF AVERAGE UNITS SIZE
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Packet Pg. 667 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 12 FOURTH FLOOR PLAN (FIFTH FLOOR SIM)
1661 LINCOLN BLVD
1661 LINCOLN BLVD
ADAPTIVE REUSE
4TH FLOOR (5TH FLOOR SIM)
24,642 SF RESIDENTIAL
30 UNITS
821 SF AVERAGE UNITS SIZE
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Packet Pg. 668 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 1661 LINCOLN BLVD
PARCEL SIZE: 35,000SF
EXISTING USE: OFFICE W/ PARKING
EXISTING BUILDING: 58,031 SF + 5,692 SF OFFICE
ZONING: MUB
CURRENT ALLOWANCE MAX FAR: 3.25
CURRENT ALLOWANCE MAX HEIGHT: 70 FT
ADAPTIVE REUSE OF SITE TO BE:
RETAIL/OFFICE: 19,823 SF
RESIDENTIAL: 86,805 SF / 105 UNITS
NEW TOTAL: 125,407 SF
NEW TOTAL HEIGHT: 72 FT
FAR: 125,407 SF / 35,000 SF = 3.6
ADAPTIVE REUSE OF SITE
13 FOURTH FLOOR PLAN (FIFTH FLOOR SIM)
12 FT
12 FT
12 FT
12 FT
12 FT
12 FT
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Packet Pg. 669 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation) CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 08.07.24 CASE STUDY: GC ZONE
1020 PICO BLVD 14
EXISTING FIRST FLOOR PLAN
1020 PICO BLVD
PARCEL SIZE: 6,000 SF
EXISTING USE: OFFICE
EXISTING BUILDING: 6,317 SF
ZONING: GC
CURRENT ALLOWANCE MAX FAR: 2.0
CURRENT ALLOWANCE MAX HEIGHT: 45 FT
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Packet Pg. 670 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 15 FIRST FLOOR PLAN
1020 PICO BLVD
1020 PICO BLVD
ADAPTIVE REUSE
7 UNITS
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Packet Pg. 671 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 16 FIRST FLOOR PLAN
1020 PICO BLVD
1020 PICO BLVD
ADAPTIVE REUSE
2 UNITS
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Packet Pg. 672 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 1020 PICO BLVD 17
1020 PICO BLVD
PARCEL SIZE: 6,000 SF
EXISTING USE: OFFICE
EXISTING BUILDING: 6,317 SF
ZONING: GC
CURRENT ALLOWANCE MAX FAR: 2.0
CURRENT ALLOWANCE MAX HEIGHT: 45 FT
ADAPTIVE REUSE OF SITE TO BE:
RETAIL/OFFICE: 0 SF
RESIDENTIAL: 5,483 SF / 9 UNITS
NEW TOTAL: 6,317 SF
NEW TOTAL HEIGHT: (E) HEIGHT
FAR: 6,317 SF / 6,000 SF = 1.0
ADAPTIVE REUSE OF SITE
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Packet Pg. 673 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation) CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 08.07.24 CASE STUDY: LT ZONE
720 WILSHIRE BLVD 18
EXISTING FIRST FLOOR PLAN
720 WILSHIRE BLVD
PARCEL SIZE: 22,492 SF
EXISTING USE: OFFICE
EXISTING BUILDING: 25,789 SF
ZONING: LT
CURRENT ALLOWANCE MAX FAR: 3.0
CURRENT ALLOWANCE MAX HEIGHT: 65 FT
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Packet Pg. 674 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 19 EXISTING FIRST FLOOR
720 WILSHIRE BLVD PLAN
720 WILSHIRE BLVD
EXISTING
EXISTING USE: OFFICE
EXISTING BUILDING: 25,789 SF
ZONING: LT
CURRENT ALLOWANCE MAX FAR: 3.0
CURRENT ALLOWANCE MAX HEIGHT: 65 FT
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Packet Pg. 675 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 20 EXISTING SECOND FLOOR PLAN
720 WILSHIRE BLVD
EXISTING USE: OFFICE
EXISTING BUILDING: 25,789 SF
ZONING: LT
CURRENT ALLOWANCE MAX FAR: 3.0
CURRENT ALLOWANCE MAX HEIGHT: 65 FT
720 WILSHIRE BLVD
EXISTING
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Packet Pg. 676 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 21 FIRST FLOOR PLAN
720 WILSHIRE BLVD
720 WILSHIRE BLVD
ADAPTIVE REUSE
1ST FLOOR
13,099 SF RESIDENTIAL
15 UNITS
873 SF AVERAGE UNITS SIZE
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Packet Pg. 677 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 22 SECOND FLOOR PLAN
720 WILSHIRE BLVD
720 WILSHIRE BLVD
ADAPTIVE REUSE
2ND FLOOR (3RD-4TH FLOOR SIM)
15,665 SF RESIDENTIAL
19 UNITS
825 SF AVERAGE UNITS SIZE
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Packet Pg. 678 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation)
08.07.24 CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 720 WILSHIRE BLVD 23
ADAPTIVE REUSE OF SITE
720 WILSHIRE BLVD
PARCEL SIZE: 22,492 SF
EXISTING USE: OFFICE
EXISTING BUILDING: 25,789 SF
ZONING: LT
CURRENT ALLOWANCE MAX FAR: 3.0
CURRENT ALLOWANCE MAX HEIGHT: 65 FT
ADAPTIVE REUSE OF SITE TO BE:
RETAIL/OFFICE: 0 SF
RESIDENTIAL: 61,991 SF / 73 UNITS
NEW TOTAL: 69,373 SF
NEW TOTAL HEIGHT: 66 FT
FAR: 69,373 SF / 22,492 SF = 3.1
OPEN AIR STAIR
15 FT
15 FT
12 FT
12 FT
12 FT
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Packet Pg. 679 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation) CITY OF SANTA MONICA: ADAPTIVE REUSE ORDINANCE 08.07.24 [email protected]
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Packet Pg. 680 Attachment: Attachment E - Omgivning Adaptive Reuse Physical Feasibility Testing (1) (6371 : Housing Element Phase 2 Implementation) Attachment G
Informational Memo for Housing Element Program 2.B, Explore the Opportunity for a Right of First Offer Ordinance.
Program 2.B directs the City to consider the opportunity for a right of first offer ordinance, which would allow non-profit affordable housing providers the first offer to purchase properties, granting them an advantage over market rate developers. This program was derived from State Bill 1079, which created a new sale process for foreclosed properties of 2 to 4 units. The bill, effective January 1, 2021, requires foreclosed homes to be sold individually to single buyers, rather than by private corporations in bulk. Once an initial bid is made, the foreclosed property must then be offered to tenants, local governments, and affordable housing developers to expand home ownership.
The City has the opportunity to build off of this law to provide non-profit housing providers the right of first offer on all properties, including those outside of foreclosure, granting them a competitive edge in the land-buying market. This informational memo provides an overview of cities that have adopted variations of right of first offer ordinances including San Francisco, San Diego, and Berkeley.
Right of first offer provides the City an opportunity to preserve the existing housing stock and can be tailored to prioritize the preservation of certain types of units, like San Diego’s proposed ordinance that applies to properties with at-risk deed restricted units set to expire.
Typically, as seen in ordinances proposed by cities like Berkeley or San Diego, right of first offer ordinances require residential landlords to notify a list of predetermined purchasers of the sale before putting a property on the market. In San Diego the list is composed of pre-qualified affordable housing providers. In addition to affordable housing providers, the City of Berkeley also offers existing tenants the right of first refusal.
While these programs may be effective in preserving existing, at-risk affordable housing stock, there is a cost associated with the development and maintenance of such a program. Based on a review of cities that have implemented a right of first offer program, it appears that for an ordinance to be truly effective, the right of first offer must be paired together with significant financial assistance in order to allow affordable housing providers to successfully compete against market rate providers in the landbuying market. Several full-time staff would also be needed to administer the program, which would include tracking for-sale properties and ensuring property sales are being noticed in compliance with the program. A long standing program in Washington, D.C. has shown success with a tenant opportunity to purchase act (TOPA), with one case study pointing to the retention of 140 units within an existing low-income development.
Although this case study maintained the affordability of 140 units and renovated an aging building from ongoing maintenance issues, the investment was significant totaling
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Packet Pg. 681 Attachment: Attachment F - Right of First Offer Info Memo (6371 : Housing Element Phase 2 Implementation) 2 $1.4M for acquisition and an additional $16.1M for the phase 1 of rehabilitation, excluding any additional costs for staff hours.
Berkeley Case Study
The City of Berkeley is developing an ordinance, the Tenant Opportunity to Purchase Act (TOPA), which empowers existing tenants to purchase any multi-unit rental property of more than four units that is listed for sale. The TOPA program proposes three protections: 1) right of first offer to purchase for existing tenants, 2) right of first refusal to match any market-rate bids, and 3) right for tenants to assign rights to a qualified affordable housing organization.
When a property owner decides to sell a multi-unit property, they are required to notify existing tenants and also the City-developed list of qualified non-profit developers.
Under TOPA, there is a window of time to submit a Statement of Interest to purchase the property. During this time the property owner is prohibited from listing the property for sale on the market. The program requires tenants to form a tenant organization to make the bid, or to formally transfer their rights to a qualified nonprofit to make the bid.
Once these options are exhausted, the seller may list the property on the market. Any offer received on the open market must be disclosed to the list of qualified purchasers, who then have the opportunity to match that bid and become the purchaser of the property. The property owner is incentivized to sell to existing tenants through a 50% transfer tax refund.
The estimated costs associated with this program come mostly from two categories:
staffing and pre-development/project management funds. Berkeley initially proposed 6 full-time employees to manage the program, a cost of approximately $750,000 per year for staff hours alone. Berkely has since reduced the staffing down to one full time employee (FTE) for on-going staffing and management of the program, totaling approximately $220,000 annually. Additionally, Berkeley supports qualified organizations (non-profit housing providers) with $25,000 per project, covering the outof-pocket costs of the project. These costs are expected to be drawn from developer fees. The City also loses 50% of the base transfer tax per property that participates in the program. Berkely also expects a need for initial funds to support ongoing outreach and education on the new program. The updated total expected costs for the program is approximately $373,000 annually.
San Diego Case Study
San Diego has taken a different approach to their right of first offer ordinance. The Affordable Housing Preservation Ordinance requires owners of deed-restricted affordable housing projects who wish to sell their property to provide a notice of intent to sell to the City of San Diego, the San Diego Housing Commission, and a predetermined list of affordable housing developers.
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Packet Pg. 682 Attachment: Attachment F - Right of First Offer Info Memo (6371 : Housing Element Phase 2 Implementation) 3 The City of San Diego has tailored their ordinance to target at-risk deed restricted affordable units that are set to expire by 2040. San Diego has approximately 13,450 of these units that are slated for expiration in the next twenty years. In an effort to preserve existing affordable housing, the City has created a preservation action plan that includes this right of first refusal ordinance along with the re-direction of the Residual Redevelopment Property Tax Trust Fund (RPTTF) towards affordable housing preservation.
The ordinance proposed by the City of San Diego differs from the requirements of SB 1079 in that the right of first refusal is expanded to include deed restricted properties with 5 units or more. The City has similar noticing requirements to Berkeley’s proposed program, requiring property owners to file a Notice of Intent to Sell to the existing tenants, the local government, and list of qualified developers. The property owner has the option to accept or reject the first offer, at which point they then can put the property on the open market. Any offer received on the market can be counteroffered by the existing tenants, local government, or qualified entities.
Monitoring and enforcement of the program is currently proposed through the court system, where qualified entities may take action against property owners that do not follow the required procedures for noticing. Concerns were raised about the lack of enforcement and the City is continuing to explore alternative means for enforcement.
San Diego staff states that the program has no fiscal impact.
Santa Monica Context
Santa Monica could benefit from a right of first offer program that expands beyond the requirements of SB1079, although such a program would require additional staff and substantial funds to effectively preserve affordable housing for existing tenants. Data from the Housing Element also highlighted that housing costs and by extension, land costs in Santa Monica are among the highest in the nation. This would suggest that the City would need to make a substantial investment into a right of first offer program in order to increase the opportunity for success. Given limited financial resources, the City has instead chosen to commit public land to support the production of affordable housing (in accordance with Housing Element Program 2.E) and continues to support a variety of programs that preserve existing housing. Further, the housing unit replacement requirements of the Housing Crisis Act (SB 330) have appeared to be effective as a housing preservation measure.
Although the staff report on San Diego’s program states that there will be no fiscal impact from this program, research done for the Berkeley TOPA ordinance shows that substantial investment is needed to effectively prevent displacement of existing tenants.
The TOPA program in Washington, D.C., one of the oldest TOPA programs that started in 1980, sets aside a minimum of $10 million from their Housing Production Trust Fund annually, although reports show even more money spent on these programs. In FY
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Packet Pg. 683 Attachment: Attachment F - Right of First Offer Info Memo (6371 : Housing Element Phase 2 Implementation) 4 2018, the TOPA program was allocated $22.5 million to acquire and rehabilitate about 449 units in 9 projects.
SB1079 currently provides protection for existing tenants in foreclosed multi-unit projects of up to 4 units. Santa Monica may choose to explore an expansion of this program to prevent displacement and protect existing tenants, although significant investments would be needed to effectively ensure the protection of at-risk affordable units.
Sources
1. Legislative Information, Senate Bill Number 1079, 2020.
2. Mayor Jesse Arreguin (Berkeley), Tenant Opportunity to Purchase Act Staff Report, 2022.
3. Mayor Jesse Arreguin (Berkeley), Tenant Opportunity to Purchase Act Staff Report, 2023.
4. Molly Chase, Staff Report to the Land Use and Housing Committee (San Diego), 2023.
5. Steve Glaude, The Role of the Tenant Opportunity to Purchase Act (TOPA) in Washington, DC, 2023.
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Packet Pg. 684 Attachment: Attachment F - Right of First Offer Info Memo (6371 : Housing Element Phase 2 Implementation) 1 David Yakobson
From: Noma Boardmember <[email protected]>
Sent: Tuesday, September 24, 2024 12:52 PM
To: councilmtgitems; Oscar de la Torre; Lana Negrete; Christine Parra; Phil Brock; Jesse Zwick; Caroline Torosis; Gleam Davis; David White; Douglas Sloan Cc: Nancy Coleman; Bruce Leddy
Subject: Oppose Item 12A - 9-24-24
EXTERNAL
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
To: City Council
Re: Agenda Item 12A, City Council meeting of Sept. 24, 2024 From Bruce Leddy, Chair of NOMA
Re: OPPOSE Council action on “minor revision” to SB9, Request that it be REMOVED for full discussion and public comment
Dear City Council,
In the opinion of NOMA's Board, the revisions considered in this evening's Agenda Item 12A are far from "minor" revisions. They will extend the provisions of SB9 beyond the state's intention, allowing corporations rather than individual owners to take advantage of SB9 multi-unit development.
We ask that this item be pulled from consideration until such time as the Council and public can fully consider the implications.
Thank you,
Bruce Leddy
NOMA'S Next Meeting: SPECIAL DAY, THUR. OCTOBER 10TH
at 7PM on ZOOM
Item 12-A
September 24, 2024
Item 12-A
September 24, 2024
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Packet Pg. 685 Attachment: Written Comments [Revision 1] (6371 : Housing Element Phase 2 Implementation) 2 https://us02web.zoom.us/j/81526517066
smnoma.org
[email protected]
Item 12-A
September 24, 2024
Item 12-A
September 24, 2024
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Packet Pg. 686 Attachment: Written Comments [Revision 1] (6371 : Housing Element Phase 2 Implementation) 1 David Yakobson
From: Greg Orshansky <[email protected]>
Sent: Tuesday, September 24, 2024 5:18 PM
To: councilmtgitems
Subject: "City Council 9/24/24 agenda item #12A - Stanford neighbors lawsuit"
EXTERNAL
Hello, I have lived in Santa Monica since 1998, went to Santa Monica high school and my children have all gone through the public schools at Santa Monica (currently).
I strongly oppose corporations or out of state LLC from getting SB9 lot splits on empty lots - not legal by the way the statute was written and certainly not the intent. I support the lawsuit by the Stanford neighbor’s and currently live on Stanford Street.
Greg Orshansky
310-357-7753
Sent from my iPhone
Item 12-A
September 24, 2024
Item 12-A
September 24, 2024
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Packet Pg. 687 Attachment: Written Comments [Revision 1] (6371 : Housing Element Phase 2 Implementation) 1 David Yakobson
From: Tricia Crane <[email protected]>
Sent: Tuesday, September 24, 2024 11:27 AM
To: councilmtgitems; Oscar de la Torre; Lana Negrete; Christine Parra; Phil Brock; Jesse Zwick; Caroline Torosis; Gleam Davis; David White; Douglas Sloan Subject: Agenda Item 12.A - OPPOSE Council any action on “minor revision” to SB9
EXTERNAL
To: City Council
Re: Agenda Item 12A, City Council meeting of Sept. 24, 2024 From Tricia Crane, Chair of Northeast Neighbors
Re: OPPOSE Council action on “minor revision” to SB9, Request that it be REMOVED for full discussion and public comment
Dear City Council,
On behalf of the residents of all R1 neighborhoods and in the interest of an honest and fair implementation of SB9, this Council must direct staff to remove the proposed “minor revision” (see that language embedded below) from Agenda Item 12A.
There is nothing “minor” about this proposed “cleanup” given that residents are challenging the legality of the proposed SB9 project on Lipton and Stanford.
We ask that this be pulled out for full discussion and not be included as an acceptable “clarification” until the impact and implications are fully explained and discussed.
Thank you
Tricia Crane
Item 12-A
September 24, 2024
Item 12-A
September 24, 2024
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Packet Pg. 688 Attachment: Written Comments [Revision 1] (6371 : Housing Element Phase 2 Implementation) 2 Item 12-A
September 24, 2024
Item 12-A
September 24, 2024
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Packet Pg. 689 Attachment: Written Comments [Revision 1] (6371 : Housing Element Phase 2 Implementation) City Council
Housing Element Phase 2 Adoption Hearing
September 24, 2024
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Packet Pg. 690 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Background & Purpose
Background
• Housing Element Phase 1 Implementation completed in 2023 • Deadline to implement Phase 2 by October 15, 2024
Tonight’s Hearing
• Overview of Mandatory Implementation of Phase 2 Housing Element programs & consistency with State law
• Key Policy Questions
• SB684
• Adaptive Reuse Ordinance
• Bergamot Standards
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Packet Pg. 691 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Schedule for Phase 2 Implementation
Date (2024) Zoning Topics
January 17 • Planning Commission introduction to Housing Element Phase 2 implementation January - March • Stakeholder outreach (development community, affordable housing providers, etc.) April 10 • Building & Fire Life Safety Commission (Adaptive Reuse Ordinance) May 2 • Adaptive Reuse Technical Working Group #1
May 8 • Planning Commission study session
June 5 • Adaptive Reuse Technical Working Group #2
June 11 • City Council study session for policy direction August 7 • Planning Commission recommendation
September 24 • City Council adoption
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Packet Pg. 692 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Out of Compliance - Consequences
Implementation of Phase 2 Housing Element program is mandatory Immediate short-term consequences
• Re-open potential for filing of "builder's remedy" projects • Loss of funding for affordable housing
• Potential for 3rd party (private) litigation
Long-term consequences
• SB423 (formerly SB35) determination based on building permits issued relative to prorated RHNA • If Above Moderate RHNA not met – streamlined process for projects with at 10% affordability • If Lower Income RHNA not met – streamlined process for projects with at least 50% affordability • Requires ministerial approval process for housing projects that include these affordability levels State can also seek judicial relief and impose penalties and fines
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Packet Pg. 693 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Summary of Changes for Mandatory
Phase 2 Housing Element Programs
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Packet Pg. 694 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Program 1.B
Summary of Changes
• Amend Section 9.31.915 to indicate that qualifying SB 35 (now SB 423) projects must comply with adopted
objective design standards
• Amend Chapter 9.55 Architectural Review
establishing:
• ARB cannot reduce density or have the effect of
denying a housing project
• ARB hearing limit - 3 noticed public hearings subject to State law (SB 330)
Streamline The Architectural Review Process and Ensure Design Review Objectivity For Housing Projects
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Packet Pg. 695 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Program 1.I
Summary of Changes
• Reduced Plan check fees for Factory Built (FBH)
already in effect June 2024 – factory constructed
version of residential building, unit, room, or building components
• Delete Section 9.31.180, Manufactured Housing, of the Zoning Ordinance due to outdated provisions
Ensure That Local Regulations Support Innovations In Construction Technology To The Extent Technically Feasible
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Packet Pg. 696 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Program 2.B
Informational Memo
• SB 1079 created new sale process for foreclosed
properties of 2 to 4 units
• Housing Element obligates City to explore options
for right of first offer ordinance
• Case Study Highlights (Berkeley, San Diego)
• Tool for preserving at-risk units with expiring deed
restrictions
• Expands homeownership opportunities
• Relies on partnerships with non-profits
• Requires significant annual funding: Full-time staff, financial assistance for downpayments
Right Of First Offer Ordinance For Nonprofit Affordable Housing Providers
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Packet Pg. 697 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Program 2.C (part 2)
Summary of Changes
• State Density Bonus Law provides strong incentive for on-site affordable units
• Unnecessary to expand alternatives for off-site option, fee option, or mixed compliance option
• Cleanups to Chapter 9.64, AHPP
• Clarify that 5-unit projects can also provide on-site affordable units to qualify for State Density Bonus
• Clarify that replacement unit requirements of State law override the AHPP
• Align dispersal requirements of affordable units to the Health and Safety Code
• Clarify timing for payment of in-lieu affordable housing fees for vested projects
Update The City’s Affordable Housing Production Program
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Packet Pg. 698 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Program 2.I & Program 5.B
Summary of Changes • Revisions to residential land use classifications for compliance with State law
• Reorganization of land use classifications and land use tables to differentiate between Residential Dwelling Types and Housing Types for Specific Needs
• Revisions to definitions of “household” and “disability”, and Reasonable Accommodation ordinance to remove
barriers to fair housing
• As required by AB 101, establishment of a new Low Barrier Navigation Center land use classification (already a
permitted use) • Permitted by
-right in mixed-use and nonresidential zones that
permit multiple-unit dwellings
Updating Residential Land Use Classifications and
Removing Barriers to Fair Housing
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Packet Pg. 699 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Program 3.A
Summary of Changes
• Add new Chapter 9.34, Residential Unit Replacement
Requirements to Zoning Ordinance
• All projects must comply with all applicable residential unit replacement requirements
• Exemption – Projects that do not result in new construction and would not involve the reduction of protected units as defined by State law • June 11, 2024 Council direction
• Replacement units in certain situations shall be rent controlled instead of deed-restricted for lower income households
• Clarify that in event of conflict between AHPP and State law, replacement unit requirements of State law will control Restrict The Removal Of Existing Rental Units For Site Redevelopment And Require That Protected Units Are Replaced
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Packet Pg. 700 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Consistency with State Law
Summary Changes + Policy Questions
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Packet Pg. 701 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Revisions for Clean –Ups & Clarity
• Applicability reference for Administrative
Approval
• SB 9 implementation (declarative of existing
State law and City practice)
• Removed nonobjective language from
mezzanine definition
• Applicability of aggregate setbacks in the R1
• Connect between private and common
open space total amount
• Setback exemption MUDs build on
surface parking lots
Subsequent to adoption of Phase 1 Housing Element implementation, minor revisions necessary to Zoning Ordinance, DCP, and LUCE for cleanup and clarification purposes.
See table in staff report for more detail
• Active use applicability on “defined” Commercial
Blvds
• Removal of full bathroom limitation in accessory
structures
• Incorporate fortune telling & tattoo parlors uses
• Vesting of Development Impact Fees
(declarative of existing State law)
• DCP entitlement and tier system
• LUCE policy consistency with changes to
development standards
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Packet Pg. 702 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Revisions for Consistency with State Law
AB 1033 –ADU Ownership
Background
• Effective January 1, 2024
• October 24, 2023 Council Direction
• Support AB 1033 and draft a local ordinance to allow the separate sale or conveyance of primary dwelling units and ADUs as condominiums
Implementation
• Create new Section 9.31.026, Accessory Dwelling Unit Condominiums, to incorporate provisions for ADU ownership pursuant to AB 1033
Authorize separate sale or conveyance of ADUs through creation of condominiums Establish modified process (no public hearing) for projects that result in four or fewer airspace parcels
• Does not authorize the establishment of more ADUs than are otherwise permitted under the Zoning Ordinance
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Packet Pg. 703 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Revisions for Consistency with State Law
AB 602 –Development Impact Fee Payment Timing
Background
• Effective January 1, 2022
• Requires jurisdiction to collect applicable fees for a project upon the issuance of a certificate of occupancy or final inspection, whichever occurs last • Some impact fees (e.g. TIF, parks & recreation fee) currently require payment prior to issuance of building permit
Implementation
• Change timing for payment of development impact fees to issuance of Certificate of Occupancy or final inspection, whichever occurs last
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Packet Pg. 704 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Revisions for Consistency with State Law
Government Code Section 65583.2 –Ministerial Approval for Lower Income Shortfall Sites Background
• "Lower Income Shortfall" - difference between the lower income units that could be achieved through existing Zoning and the RHNA (i.e. 1,884 units) • Criteria for sites identified to address lower income shortfall must require:
• At least 50% residential use
• 20% affordability requirement
• Approved through ministerial process (no public hearing) • Housing Element Program 1.K - City-owned Sites identified for lower-income shortfall Implementation
• Revise Section 9.39.020 of the ZO to allow for Administrative Approval Housing projects on City-owned site identified in the 6th Cycle Housing Element, where at least 20% affordable to lower-income households
Any project with at least 50% residential proposed on City-owned sites, where 20% are affordable to lower-income households that are sold or leased and used to satisfy the City’s shortfall of lower income units as identified in the 6th Cycle Housing Element
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Packet Pg. 705 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Revisions for Consistency with State Law
SB 684 –Ministerial streamlining for ownership housing of 10 units or less Background
• Effective July 1, 2024
• Affords ownership housing projects of 10 units or less the following • Process subdivision maps ministerially (no public hearing) within 60 days • Reduce minimum side and rear setbacks to 4 feet OR retain existing setbacks if reconstructed within same footprint
• Side and rear setbacks in multiple-unit zones are generally 8 feet and 15 feet,respectively • Allows a jurisdiction to prohibit ADUs/JADUs and SB9 urban lot splits • No Council direction has been received regarding expanding these provisions - proposed changes prohibit ADUs/JADUs and SB9 urban lot splits when a project utilizes SB 684
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Packet Pg. 706 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) SB 684 Policy Question
Planning Commission Recommendation
• For consistency in implementation, allow ownership and rental projects to have the same side and rear setbacks (4 feet)
Policy Question #1:
Should rental housing projects in the multiple unit districts have the same minimum setbacks as ownership housing projects?
Yes means… No means…
• Ownership and rental projects
will have the same 4-foot side
and rear setbacks
• Ownership projects will have 4-
foot side and rear setbacks
• Rental projects will have side and
rear setbacks of generally 8 feet
and 15 feet
PC Recommendation
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Packet Pg. 707 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Adaptive Reuse Ordinance
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Packet Pg. 708 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Program 1.H
Three Guiding Principles
1. Establish incentives for conversion of existing commercial space to residential use as an alternative to new construction
2. Provide a feasible alternative for smaller scale housing projects in context with existing land uses as a counterbalance to larger density bonus projects
3. As a new program, commit to revisions to the ARO if standards are not incentivizing adaptive reuse projects
Adaptive Reuse Of Existing Buildings For Permanent Residential Use
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Packet Pg. 709 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Typical Characteristics Suitable for AR
Building Size
• Study for San Francisco found that best candidates
for adaptive re-use were high rise buildings with floor plates between 12,000 – 20,000 SF • Typically residential buildings are at least 60 feet
deep
Vacancy
• Buildings must be vacant in order to be converted to
residential. Buildings more than 50% vacancy more
likely to be adaptively reused
Building Age
• Older buildings are more likely to be converted
because their prior uses may now be obsolete.
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Packet Pg. 710 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) SM Opportunities Adaptive Reuse
High office vacancy rate (20%)
Untapped opportunities for small scale AR projects
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Packet Pg. 711 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) AR
– Conversion Only
1. Allow for Conversion (partial or full)
2. Addition of units/floor area within building not
counted towards density or height
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Packet Pg. 712 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Incentivizing AR – Bonus Floor Area
2 story addition
Top Addition:
Additional 2 stories above existing building
Allow AR projects to include bonus floor additions that are “appropriate to scale”.
Bonus floor area would be entitled to same incentives as existing building.
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Packet Pg. 713 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Incentivizing AR – Bonus Floor Area
Rear/Side Addition for Residential and NC Zones
New
addition (1
story above
existing)
Small lot incentive – additional floor area needed to
promote adaptive reuse of smaller parcels that are
15,000 SF or less
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Packet Pg. 714 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Incentivizing AR – Bonus Floor Area
Rear/Side Addition for All Other Zones
New addition (1
story above
existing and 100%
floor area)
Limitation applies to ensure spirit of AR and
that new construction is not out of
scale/context with the existing building
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Packet Pg. 715 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Incentivizing AR – Bonus Floor Area
Enclosures of Covered Outdoor Walkways
and Similar Spaces
Allow projects to convert inactive and
underutilized covered outdoor spaces
near existing street frontages to
residential use.
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Packet Pg. 716 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Commercial Use in
Residential Zone
Parcel Size: 8,747 sf
Building Size: 4,000 sf
AR Modeling
Physical feasibility modeling to understand allowable scale of new addition and whether guiding principles are being achieved
• Small lots (Residential and NC)
• Typical commercial lots
• Full conversion without addition
Small Lot in NC Zone
Parcel Size: 7,200 sf
Building Size: 3,988 sf
2030 Montana
1730 Ocean Park
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Packet Pg. 717 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) AR Modeling – 2030 Montana Ave
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Packet Pg. 718 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) AR Modeling – 1730 Ocean Park Blvd
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Packet Pg. 719 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) MUB Zone
Parcel Size: 35,000 sf
Building Size: 63,600 sf
AR Modeling
• Typical commercial lots
• Full conversion without addition
LT Zone
Parcel Size: 22,492 sf
Building Size: 25,789 sf
GC Zone Small Lot
Parcel Size: 6,000 sf
Building Size: 6,317 sf
1601 Lincoln
720 Wilshire 1020 Pico
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Packet Pg. 720 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) AR Modeling
– 1661 Lincoln Blvd
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Packet Pg. 721 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) AR Modeling
– 720 Wilshire Blvd
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Packet Pg. 722 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) AR Modeling
– 1020 Pico Blvd
Second Floor
First Floor
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Packet Pg. 723 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Findings
– AR Scenario Modeling
• Feasibility of top additions depend on building type
and construction
• Where there is space, side/rear additions increase
feasibility but ideally might need to be detached
• In NC where active groundfloor commercial is
required, flexibility needed for new units in new
construction
• Retaining parking has design implications • Limiting the bonus area in side/rear to 100% of existing floor area is insufficient for small parcels and small buildings
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Packet Pg. 724 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) AR Eligibility
• Applicability – Must occur within existing building envelope and not result in demolition
• Bonus Floor Area with incentives permitted, up to ARO limits • AR Project Types – Must be housing development project resulting in minimum 2 units
Nonresidential to Residential (except for hotel/motel) Nonresidential to Live/Work in Nonresidential Districts Any Building (not previously used for multi dwelling) to Multiple Dwelling Units Any existing floor area to 100% affordable housing or Extremely Affordable Adaptive Reuse Project
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Packet Pg. 725 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Adaptive Reuse Ordinance
Procedures for AR Projects
Processed as Administrative Approvals
Waiver of impact fees, except for Parks and Recreation fee Exempt from Chapter 9.64, AHPP
Based on City of Los Angeles’ AR feasibility study, research in other cities with AROs, and discussions with adaptive reuse experts from the Technical Working Group, the inclusionary requirements of the AHPP would render adaptive reuse projects financially infeasible.
12.A.h
Packet Pg. 726 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Adaptive Reuse Ordinance • Incentives –Waiver from development standards Residential Districts Non-Residential Districts
• Density Limits • Floor Area Ratios (where applicable) • Stories and Building Height • Parcel Coverage • Setbacks • Stepbacks • Transitional Requirements Adjacent to R1 District
• Open Space & Landscaping • Unit Mix • Bicycle Parking • Vehicle Parking • Floor Area Ratios • Building Height • Setback • Stepbacks • Daylight Plane • Open Space & Landscaping. • Unit Mix • Bicycle Parking • Vehicle Parking
12.A.h
Packet Pg. 727 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Adaptive Reuse Policy Question
• Currently, a new housing project is required to maintain or replace at least 50% of the existing parking serving an existing Policy Question #2:
Should adaptive reuse projects consisting of partial conversion be required to retain existing parking for the land use to remain?
Yes means… No means…
• Maintain or replace at least 50%
of existing parking
• No existing parking will be
retained
PC Recommendation
12.A.h
Packet Pg. 728 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Bergamot Area
12.A.h
Packet Pg. 729 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Program 1.E
Summary of Changes
• Repeal Chapter 5 of BAP and integrate into Zoning Ordinance • Use Classifications
• Development Standards
Establish New Chapter 9.12 Bergamot Districts- Development Standards • Updated Land Use Table
• Updated Standards including standards previously endorsed by Council in 2023
• Housing FAR/Height remains unchanged per Phase I implementation • New Standards • Open Space
• Taller Buildings
• New Process Incentive: Special Project Standards for Housing Projects on Large Sites
Revise The Bergamot Area Plan (BAP)To Support Housing Production
12.A.h
Packet Pg. 730 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Updated Land Use Table & BAP ODS Standards
• Updated Land Use Table
• Updates & Aligns Land Uses established in 2015 Zoning Ordinance Update • Inconsistencies eliminated
• Simplifies certain land use review consistent with recent Economic Recovery efforts • Clerical fixes
• Updated Standards
• Build-to Line
• Ground floor active use and pedestrian-oriented design • Modulation and Stepback Standards (street, side, daylight plane, roofline) • Ground Level Pathways (initial concepts)
12.A.h
Packet Pg. 731 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Council Direction on Bergamot Standards
• Taller Building Standards
• Maximum Podium Height & Footprint
• Maximum Tower Footprint
• Minimum Tower Spacing
• Open Space
• Maximize open space particularly on ground floor
12.A.h
Packet Pg. 732 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Proposed Taller Building Standards
• Minimum Height at which Taller Building
Standards Apply: 90 feet
• Max. Tower Footprint: 12,000 sf • Max. Podium Height : 35 feet • Max. Podium Footprint: 35,000 sf • Min. Tower Spacing: 80 feet • Min. Offset Tower Spacing: 40 feet (when diagonally opposite)
12.A.h
Packet Pg. 733 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Tower Spacing
Considerations • Intention to allow for light/air
between buildings
• Several cities have tower
spacing standards – 80 feet is
common requirement
12.A.h
Packet Pg. 734 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Bergamot Existing Conditions
• Unusually large
block and parcel
sizes compared to
rest of city
• Limited services • Impacts walkability
12.A.h
Packet Pg. 735 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Bergamot Open Space
- Vision
• Vision for walkable neighborhood
with social gathering spaces in key
areas connected by pathways
• BAP vision was intended to be
implemented through Development
Agreements
• How do we achieve the vision
without Development Agreements?
12.A.h
Packet Pg. 736 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Bergamot Open Space
- Implementation
Open Space Achieved In Two Ways • Standard Open Space Requirements • Focus on maximizing open space • Piggyback on utilizing service roads/access already required for a project as open space
• Special Process Incentive Program • New process incentive program (no public hearing) for housing projects on large sites over 1
acre and less than 3 acres
• Must provide certain project commitments that
support BAP vision for Open Space and
Connections
12.A.h
Packet Pg. 737 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Bergamot Open Space
- Strategy
• 3 Key Components of Standard Open Space
Requirements • Open Space based on • Number of units/residents (project size) • Parcel size (for ground floor open space) • On-Site Open Space for project occupants (e.g. balconies, decks)
• Ground Floor Open Space available to the
public on larger parcels: • Ground Floor requirement increases with parcel size
• Minimum dimension for ground floor
open space
12.A.h
Packet Pg. 738 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Achieving BAP Open Space Vision:
Residential & Community Open Space
Standard Requirements
• Ground floor open space
available to everyone
• Require ground floor
pathway to support on-site
circulation & encourage
connections through
adjacent properties, where
feasible
• Incentivize open space to
be located next to public
streets
12.A.h
Packet Pg. 739 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Creating Walkable Neighborhoods
Walkability Achieved by Enlarging and Activating
Pedestrian Space • Open Space Near the Sidewalk • Additional space between curb & building for pedestrians & activity.
• Additional space can be used for landscaping,
outdoor dining, etc.
• Active Ground Floor Use & Design • Enhance the pedestrian experience at the sidewalk • Ensure opportunities for ground floor commercial uses that are neighborhood serving.
12.A.h
Packet Pg. 740 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Creating Walkable Neighborhoods
Building Setback from Street • Based on Downtown requirement • Ensures adequate spacing between buildings & street, results in improved sidewalk
accessibility
• Targeted Area for Activation: • Nebraska Between Stewart & Berkeley
• Pennsylvania Between 26th& Stewart
• Varies in depth based on existing sidewalk
conditions & future expected development • 20’ • 15’ • 10’ • Setback Measured from Curb to Building
12.A.h
Packet Pg. 741 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Pathway Examples
12.A.h
Packet Pg. 742 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Special AA Process Incentive for Housing Projects on Large Sites For Council Consideration:
For Sites Greater than 1 Acre
• Voluntary project commitments that support BAP vision for open space & connections may request
Administrative Approval (no public hearing)
1. Unit Mix to Require Family-Size Units
Max 15% Studio Units
Min 15% 2 Bed Units
Min 10% 3 Bed Units
2. More Ground Floor Open Space
Adjacent to public street
Dedicated for public use
3. Implement BAP Vision
Ground Level Pedestrian Pathway OR New Street dedicated for public use per BAP Figure 7.01
Adopted BAP
Street Network
12.A.h
Packet Pg. 743 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Planning Commission Recommendation
• Presented to Commission
• Fence around private
outdoor living area may not
exceed 5’ and must be 50%
transparent over 42”
• Consistent with DCP
requirements
• PC Recommendation
• Fence around private
outdoor living area may not
exceed 4.5’
• No transparency
requirement
Fences Around Private Outdoor Living Area Adjacent to a Street
12.A.h
Packet Pg. 744 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Planning Commission Recommendation
• Presented to Commission
• Minimum: 1 acre
• Maximum: 3 acres
• PC Recommendation
• Minimum: 1 acre
• Maximum: no limit
• If cap is considered, should be
no less than 4 acres
Special AA Process Incentive for Housing Projects on Large Sites – Parcel Size Eligibility
12.A.h
Packet Pg. 745 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Planning Commission Recommendation
• Presented to Commission
• 14% of parcel area
• Intent: Supported by modelling
conducted by AECOM
• PC Recommendation
• 1 acre – 2.25 acres: 12% of parcel
area
• > 2.25 acres: 14% of parcel area
• Intent: Ensure sites between 1-2.25
acres are incentivized to
participate in the incentive
program and not unduly impacted
by higher ground-level open space
requirement
Special AA Process Incentive for Housing Projects on Large Sites – Ground Level Open Space Requirement
12.A.h
Packet Pg. 746 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Planning Commission Recommendation
• Presented to Commission
• 20% of ground level open space
can be covered by enclosed
building
• Intent: Ensure that vast majority
of ground level open space is
open to the sky
• PC Recommendation
• 25% of ground level open space
can be covered by enclosed
building as long as there is
minimum 20 feet height
clearance for open space
• Intent: Incentivize greater height
clearance for open space
underneath enclosed buildings
Special AA Process Incentive for Housing Projects on Large Sites – Percent Building Cover of Ground Level Open Space
12.A.h
Packet Pg. 747 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) BAP Special Process Incentive Policy Questions
Policy Question #3:
If Council is interested in the proposed special incentive program for housing projects on sites over 1 acre in the Bergamot area, should there be a cap on parcel size to qualify for this voluntary special process incentive program? Yes means… No means…
Parcels greater than 1 acre and no more
than 4 acres are eligible to use voluntary
special process
Parcels greater than 1 acre are eligible to
use voluntary special process (no cap on
parcel size)
PC Recommendation PC Recommendation
12.A.h
Packet Pg. 748 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) BAP Special Process Incentive Policy Questions
Policy Question #4:
Should there be other project commitments to be considered in this voluntary special process incentive program?
• Voluntary incentive program provides flexibility in creating requirements but balance with having program that will be used • Consider relationship to achieving Bergamot Area Plan vision
12.A.h
Packet Pg. 749 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) Recommendation
1. Adopt a finding that the proposed amendments to the LUCE, BAP, DCP, and Zoning Ordinance were analyzed as part of the 2021-2029 6th Cycle Housing Element EIR and Addendum, and no further review pursuant to CEQA is required
2. Adopt Resolution Amending the Text of the Land Use and Circulation Element of the General Plan
3. Adopt Resolution Amending the Text of the Bergamot Area Plan
4. Adopt Resolution Amending the Text of the Downtown Community Plan
5. Introduce for First Reading and Adoption of an Ordinance Amending the Text of the Zoning Ordinance
12.A.h
Packet Pg. 750 Attachment: PowerPoint Presentation (6371 : Housing Element Phase 2 Implementation) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request by Councilmember Oscar de la Torre that the City Council endorse Measure A on the November 2024 ballot. Measure A is a countywide measure to repeal and replace the Measure H ¼ cent sales tax that expires in 2027, replacing it with a ½ cent sales tax, which is expected to raise approximately $1,076,076,359.00 annually until voters decide to end it, with new audits and oversight. The funds from Measure A will require accountability and results, create affordable housing, support home ownership, provide rental assistance, increase mental health and addiction treatment, reduce and prevent homelessness and provide services for children, families, veterans, domestic violence survivors, seniors, and disabled people experiencing homelessness.
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:
A. Measure A
B. 16 Item - Measure A - Text
C. Written Comments
D. Written Comments
16.A
Packet Pg. 751
Affordable Housing, Homelessness
Solutions & Prevention Now
A L.A. County Citizens’ Initiative
proposed by the
Our Future L.A. County Coalition
1 16.A.a
Packet Pg. 752 Attachment: Measure A (6655 : Support Measure A for Ballot Measure Proponents
These 5 leaders formally filed the measure as ballot measure proponents:
● Elise Buik
○ President & CEO, United Way of Greater L.A.
● Edgar Campos
○ Executive Director, T.R.U.S.T. South LA
● Andrew Kerr
○ Chief Financial Officer, Crew Inc.
● Veronica Lewis
○ Executive Director, HOPICS
● Miguel Santana
○ President & CEO, California Community Foundation
2 16.A.a
Packet Pg. 753 Attachment: Measure A (6655 : Support Measure A for Despite Heroic Work, Homelessness Keeps Climbing
● 30,000+ people are currently
receiving services funded by the
existing countywide tax for
homeelessness & 100,000+ people
have ended their homelessness
over the last 5 years
● The average rent is $2,349 for a
two bedroom apartment in L.A.
County, which requires a wage of
$45 an hour to afford
● Only 1 in 4 people who are eligible
for federal rental subsidies can use
them
● We do not have a dedicated
countywide revenue stream for
affordable housing production &
preservation or technical
assistance to small cities to update
their land use/housing policies
3 16.A.a
Packet Pg. 754 Attachment: Measure A (6655 : Support Measure A for Housing Production in L.A. County is at an All-Time Low ● Less housing is being built
now than at any point in the
last 80 years
● Cities are being asked to do a
lot- without adequate
resources to support
● And we’re losing the
affordable housing we havebetween 2009 and 2019 we
lost nearly 200,000 units
that rent for less than $1k a
month in the L.A. Metro Area
4 16.A.a
Packet Pg. 755 Attachment: Measure A (6655 : Support Measure A for We won’t make progress ending homelessness unless we do a better job of preventing it in the first place
● We’ve never had a
coordinated, well resourced
countywide strategy to
produce more affordable
housing, protect the affordable
housing we have, and support
renters at risk of homelessness
● Until Now! LACAHSA exists
for this purpose.
5 16.A.a
Packet Pg. 756 Attachment: Measure A (6655 : Support Measure A for A Bold, New
Approach
The purpose of this citizens initiative is to
use goals-based accountability to fund
L.A. County’s comprehensive
homelessness response system as well
as invest in new strategies to address
street encampments, prevent
homelessness and create affordable
housing.
This measure would terminate and
replace the existing ¼ cent sales tax
that currently funds the homelessness
response system and expires in 2027 with
a ½ cent countywide sales tax.
6 16.A.a
Packet Pg. 757 Attachment: Measure A (6655 : Support Measure A for Core Citizens Initiative Ballot
Measure Components
Outcome Goals
Focus the measure’s intent
and impact.
Accountability, Governance and
Oversight
A new approach to accountability & oversight
Local Solutions Fund, Technical
Assistance & Innovation Fund
Shared responsibility, experimentation
and implementation support for cities
Revenue Source
Replace existing ¼ cent sales
tax with ½ cent sales tax
Revenue Allocation & Accountability
A flexible allocation plan with
clear guardrails
01 02
05 03
04 7
16.A.a
Packet Pg. 758 Attachment: Measure A (6655 : Support Measure A for 8 OUTCOME GOALS- Accountability in Action
1. Increase the number of people moving from encampments into permanent housing in order to reduce unsheltered homelessness.
2. Reduce the number of people with a mental illness and/or substance use disorder who are experiencing homelessness.
3. Increase the number of people permanently leaving homelessness.
4. Reduce the number of people falling into homelessness.
5. Increase the number of affordable housing units in L.A. County.
The goals shall be determined by the Executive Committee informed by the L.A. County Leadership Table and relevant Agencies/Departments, no later than April 1, 2025.
Each goal will have specific metrics as well as short, medium, and long term time bound deadlines, at minimum 5 and 10 years.
16.A.a
Packet Pg. 759 Attachment: Measure A (6655 : Support Measure A for Accountability,
Governance and
Oversight
Mirroring and connecting to the ongoing
implementation of L.A. County’s Blue Ribbon
Commission on Homelessness.
● Needs Assessment +
Regional Plan
● Real Time Evaluation &
Accountability
● Transparency &
Communication
9 16.A.a
Packet Pg. 760 Attachment: Measure A (6655 : Support Measure A for 10 A Balanced Approach
Core Programs:
● Homeless Services: 50%
● Flexible: Services or Housing- 10%
○ Local Solutions Fund
○ Innovation Fund
● Housing Production: 24%
● Homelessness Prevention, Renter Supports: 11%
● Accountability, Data, Evaluation- 1.25%
*LACAHSA’s allocation can never be reduced below 33% of total funds, and services funding may be shifted to LACAHSA in future years as the landscape changes- this will support the bonding capacity of the agency.
16.A.a
Packet Pg. 761 Attachment: Measure A (6655 : Support Measure A for Revenue Allocation- Assumes $1.25B
Allocation Amount (*rounding) % Share of Total Revenue 02 Core Homeless Services (Substance Use Treatment, Mental Health Services, Outreach, Emergency Shelter, Supportive Housing Services, Short Term Rental Assistance) ( 86.6% of services allocation) $612,000,000 Local Housing & Services Solutions Fund for Cities (15% of services allocation) $110,000,000 Innovation Fund (3.3% of services allocation) $12,000,000 Services & Emergency Housing (County & Cities) Subtotal $735,000,000 60% L.A County Development Authority Housing Production Fund $36,000,000 3% Accountability, Data & Evaluation Fund $15,000,000 1.25% LACAHSA - Production, Preservation & Affordable Ownership (minimum 40%) (assumes 61.5%) $262,000,000 LACAHSA- Renter Supports & Homelessness Prevention (minimum 30%) (assumes 30%) $131,000,000 LACAHSA- Flexible (any eligible agency use (minimum 15%) (assumes 100% allocation to Production) LACAHSA- Cities Technical Assistance (minimum 5%) $21,000,000 LACAHSA Admin & Operations (maximum 10%; assumes 5%) $21,000,000 LACAHSA (County & Cities) Subtotal $438,000,000 35.75%
11 16.A.a
Packet Pg. 762 Attachment: Measure A (6655 : Support Measure A for Key Facts & Outputs
Affordable Housing &
Homelessness Prevention:
● $3 Billion+ for Affordable Housing
Production & Preservation over the
next 10 years
○ Triple the current local funding
investment
● $1 Bilion+ for homelessness
prevention & at-risk renter
supports
○ Current Measure H investment in
prevention is $20M in current budget-
$200M over 10 years
Homeless Services System
● Ensures 30,000+ people continue
to receive housing and services
(possible 25% in homelessness) :
● 22,000 people in supportive
housing continue to receive
services
● 8,700 emergency/interim
housing beds continue
operating
12 16.A.a
Packet Pg. 763 Attachment: Measure A (6655 : Support Measure A for 13 Allocation Analysis- Cities
Cities- 36% of total annual revenue raised is earmarked for cities directly ($444M out of $1.25B)
● $110M in guaranteed annual services funding through Local Solutions Fund ○ 15% of services category
○ 4X the current Measure H Local Solutions Fund ($25M in FY23-24 budget) ● $312M in guaranteed annual housing production / renter supports funding ○ 5 largest cities can self administer, others through COGs ○ 70% of production & preservation categories allocated to cities/unincorporated/COGs by Low Income RHNA goal
○ 70% of renter protections & supports categories allocated to cities/unincorporated/COGs by per capita low income renter
● $21M in guaranteed annual LACAHSA funding for cities under 50k ○ Technical assistance for program design, policy creation, land use updates
16.A.a
Packet Pg. 764 Attachment: Measure A (6655 : Support Measure A for Funding AdjustmentsAccountability & Innovation
● If Outcome Goals are not achieved, that County and LACAHSA shall each move at least 2.5% of funding from existing programs to different programs that have demonstrated higher effectiveness. ● Funding to LACDA shall be contingent upon LACDA continuing to receive $100M in annual funding from the County annual budget.
● Any reduction in this annual appropriation results in a dollar for dollar reduction in the 3% allocation, with those funds instead going to LACAHSA
14 16.A.a
Packet Pg. 765 Attachment: Measure A (6655 : Support Measure A for Revenue Source
½ Cent Sales Tax, replacing
existing ¼ cent increment
● A net increase of ¼ cent for most cities
in L.A. County
○ 5 cities are currently not paying
Measure H would increase by ½ cent
■ Compton, Lynwood, Pico
Rivera, Santa Monica, South
Gate
● Sales Tax does not apply to:
○ Rent
○ Groceries
○ Medicine
○ Gas
○ Items purchased with EBT
15 16.A.a
Packet Pg. 766 Attachment: Measure A (6655 : Support Measure A for Next Steps
● The Measure was filed on
Monday, November 6
● 400,000 submittable
signatures are required to
achieve 260,000 valid
signatures
● Signature collection began in
early December and will take
approx. 5 months
16 16.A.a
Packet Pg. 767 Attachment: Measure A (6655 : Support Measure A for THANK YOU!
17 16.A.a
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16.A.b
Packet Pg. 769 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 770 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 771 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 772 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 773 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 774 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 775 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 776 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 777 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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Packet Pg. 779 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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Packet Pg. 780 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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Packet Pg. 781 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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Packet Pg. 782 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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Packet Pg. 784 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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Packet Pg. 785 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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16.A.b
Packet Pg. 786 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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Packet Pg. 787 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election)
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Packet Pg. 788 Attachment: 16 Item - Measure A - Text (6655 : Support Measure A for November 2024 Election) 1 David Yakobson
From: Dexter O'Connell <[email protected]>
Sent: Monday, September 23, 2024 1:45 PM
To: councilmtgitems
Subject: Safe Place for Youth Requests -- Please Support 16A
EXTERNAL
Hello!
Safe Place for Youth strongly encourages your support of Item 16 A on the Tuesday evening Council agenda. Measure A is important to ending homelessness, and your support will make a meaningful difference.
Thanks,
Dexter
--
Dexter O'Connell, (He/Him/His)
Director of Youth Policy & Advocacy
424-322-0208
Safe Place for Youth | 340 Sunset Ave, Venice CA 90291
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Item 16-A
September 24, 2024
Item 16-A
September 24, 2024
16.A.c
Packet Pg. 789 Attachment: Written Comments (6655 : Support Measure A for November 2024 Election) 2 David Yakobson
From: Kristen Aster <[email protected]>
Sent: Monday, September 23, 2024 1:21 PM
To: councilmtgitems
Subject: 16A Public Comment (Support)
EXTERNAL
One of Los Angeles County’s largest housing and social services agencies and present in every Service Planning Area (SPA), The People Concern is an expert in connecting with people on the streets, bringing them inside and then keeping them inside. 92% of people placed in permanent housing by The People Concern never experience homelessness again. The People Concern is proud to have worked in the City of Santa Monica for over 60 years.
The People Concern has endorsed Measure A and supports the proposed endorsement by the City of Santa Monica. Measure A would help prevent homelessness by increasing the supply of aƯordable housing and providing rental assistance. The measure would protect services funded in the City of Santa Monica including street outreach, interim housing, services in permanent supportive housing, mental health services, and more; without Measure A these services would end when Measure H expires in 2027. Importantly, Measure A creates strong new accountability measures, including legally required goals and a requirement for stronger data sharing and evaluation.
We support Measure A and urge the council to vote yes.
Kristen Asterௗௗ
Pronouns: (she/her)
Director of Public Policy and Advocacy
The People Concern
2116 Arlington Ave. Ste. 100, Los Angeles, CA 90018
Phone: (323) 973-0093
TPC7000
Item 16-A
September 24, 2024
Item 16-A
September 24, 2024
16.A.c
Packet Pg. 790 Attachment: Written Comments (6655 : Support Measure A for November 2024 Election) 1 David Yakobson
From: Linda H <[email protected]>
Sent: Tuesday, September 24, 2024 10:33 AM
To: councilmtgitems
Subject: Public Comment - agenda item 16A
EXTERNAL
Hello,
My name is Linda H, and I support Measure A. I strongly encourage Santa Monica City Council to support Measure A as well. I work in the City of Santa Monica and see firsthand the impacts of services-led approaches for people experiencing homelessness in the city. We need more resources for homelessness prevention, including affordable housing and rental assistance; we need to protect the lifesaving housing and homeless services we have that are at risk of ending, and we need more accountability. Measure A will do all of these things. I urge the Council to vote yes on 16A.
Sincerely,
Linda H
Item 16-A
September 24, 2024
Item 16-A
September 24, 2024
16.A.d
Packet Pg. 791 Attachment: Written Comments (6655 : Support Measure A for November 2024 Election) 1 David Yakobson
From: Dexter O'Connell <[email protected]>
Sent: Monday, September 23, 2024 1:45 PM
To: councilmtgitems
Subject: Safe Place for Youth Requests -- Please Support 16A
EXTERNAL
Hello!
Safe Place for Youth strongly encourages your support of Item 16 A on the Tuesday evening Council agenda. Measure A is important to ending homelessness, and your support will make a meaningful difference.
Thanks,
Dexter
--
Dexter O'Connell, (He/Him/His)
Director of Youth Policy & Advocacy
424-322-0208
Safe Place for Youth | 340 Sunset Ave, Venice CA 90291
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CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.
Item 16-A
September 24, 2024
Item 16-A
September 24, 2024
16.A.d
Packet Pg. 792 Attachment: Written Comments (6655 : Support Measure A for November 2024 Election) 2 David Yakobson
From: Kristen Aster <[email protected]>
Sent: Monday, September 23, 2024 1:21 PM
To: councilmtgitems
Subject: 16A Public Comment (Support)
EXTERNAL
One of Los Angeles County’s largest housing and social services agencies and present in every Service Planning Area (SPA), The People Concern is an expert in connecting with people on the streets, bringing them inside and then keeping them inside. 92% of people placed in permanent housing by The People Concern never experience homelessness again. The People Concern is proud to have worked in the City of Santa Monica for over 60 years.
The People Concern has endorsed Measure A and supports the proposed endorsement by the City of Santa Monica. Measure A would help prevent homelessness by increasing the supply of aƯordable housing and providing rental assistance. The measure would protect services funded in the City of Santa Monica including street outreach, interim housing, services in permanent supportive housing, mental health services, and more; without Measure A these services would end when Measure H expires in 2027. Importantly, Measure A creates strong new accountability measures, including legally required goals and a requirement for stronger data sharing and evaluation.
We support Measure A and urge the council to vote yes.
Kristen Asterௗௗ
Pronouns: (she/her)ௗ
Director of Public Policy and Advocacyௗ
The People Concernௗ
2116 Arlington Ave. Ste. 100, Los Angeles, CA 90018
ௗ
Phone: (323) 973-0093
ௗ
TPC7000
Item 16-A
September 24, 2024
Item 16-A
September 24, 2024
16.A.d
Packet Pg. 793 Attachment: Written Comments (6655 : Support Measure A for November 2024 Election) City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 16.B
1 of 2
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request by Councilmember Oscar de la Torre that the City Council discuss Measure G which will be on the November 2024 ballot. Measure G is a proposed County charter amendment which would amend the LA County Charter to create an elected County Executive, create an independent Ethics Commission to increase restrictions on lobbying and investigate misconduct, establish a nonpartisan Legislative Analyst to review proposed County policies, increase the Board of Supervisors from five to nine elected members; require County departments to present annual budgets in public meetings; using existing funding sources with no additional taxes to implement, as detailed in the charter amendment ordinance. This item is being brought to the City Council by Councilmember de la Torre as the City’s voting delegate at the Westside Cities Council of Governments. At its August 8, 2024 board meeting, the WSCCOG received a presentation on Measure G and direction was given to WSCCOG members to seek direction from their respective governing bodies and return prepared to discuss and possibly vote to take a position on Measure G at the WSCCOG’s next board meeting which is scheduled for October 10, 2024. Councilmember de la Torre is asking for the City Council to discuss this item so he can best represent the City during the WSCCOG Board discussion in October. ( Attachment includes Measure G presentation and text of the Motion adopted by the LA County Board of Supervisors.)
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
16.B
Packet Pg. 794
2 of 2
Attachments:
A. Measure G Presentation and Motion
B. Measure G - Background Attachment
C. 16 Item - Measure G - Text
16.B
Packet Pg. 795
LA County
Governance &
Ethics Reform
AUTHORS:
Chair Lindsey P. Horvath
Supervisor Janice Hahn
Item 7A
54 16.B.a
Packet Pg. 796 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on 100 Years and Little Change
Los Angeles County’s form of government has not changed since 1912 when the population was 500,000, before women even had the right to vote.
Today, five elected supervisors serve the most populous county in the nation, each representing two million constituents. 55 16.B.a
Packet Pg. 797 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on Why Reform? Why Now?
• Increase effectiveness, accountability, representation, and transparency of LA County government.
• Build checks and balances into governance structure.
• Separate legislative and executive powers—like other governments LA County's size.
• Establish clarity that supports our County workforce in serving our communities.
It's time to bring LA County into the 21st century, with governance Angelenos can trust to address our greatest challenges. 56 16.B.a
Packet Pg. 798 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on LA County Today
57 16.B.a
Packet Pg. 799 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on Elected County Executive
This is a newly created position directly accountable to voters (ex: Governor, Mayor).
Responsibilities: Oversee department leadership; propose budget Improves:
• Accountability of County operations and budget management. • Checks and balances and separation of powers found at all other levels of government.
This is not making current CEO elected.
• An appointed Director of Budget and Management would oversee fiscal and key administrative duties currently held by the CEO.
This change would be implemented at no additional cost to taxpayers. 58 16.B.a
Packet Pg. 800 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on LA County Post-Reform
Electorate
Assessor District Attorney Sheriff Elected County
Executive
Budget &
Management
Director
Department
Directors
Board of
Supervisors
County
Legislative
Analyst Three new positions:
• Elected County Executive
• Appointed Budget & Management Director
• Appointed County Legislative Analyst
59 16.B.a
Packet Pg. 801 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on Expanding the Board
• Today, each Supervisor represents 2 million constituents each–more than any other local elected official.
• By expanding the Board of Supervisors, we can:
• Build diverse representation that truly reflects LA County. • Bring our elected officials closer to the people they represent.
• Smaller districts also remove barriers to running for office and create opportunities for diverse candidates.
60 16.B.a
Packet Pg. 802 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on LA County’s Third Supervisorial District
• Porter Ranch is 26 mi. from Malibu
• 3rd District overlaps:
• 7 Assembly Districts
• 5 State Senate Districts
• 8 US House Districts
• 9 LA City Council Districts
• 10 independent cities
San Fernando Valley portion
of SD3 alone includes:
• Approx. 1.3M people
• 5 Assembly Districts
• 3 State Senate Districts
• 4 US House Districts
• 3 independent cities
61 16.B.a
Packet Pg. 803 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on 62 16.B.a
Packet Pg. 804 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on Why Nine?
• Study after study for the past 50 years explored nine Supervisors as a common-sense expansion.
• Nine Supervisors cuts current districts in half, with each Supervisor representing 1 million constituents instead of 2 million (eg. State Senate districts).
• We promised to implement an expanded Board with no additional cost to taxpayers—expanding to nine is a measured approach that is possible with our current budget.
• As the LA Times Editorial Board said in support of expansion, “the point here isn't to have more government; it's to have a more effective government.” 63 16.B.a
Packet Pg. 805 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on Ethics Reforms
This is a comprehensive reform package with ethics front and center:
• Independent ethics commission to investigate misconduct and strengthen County integrity and accountability
• "Revolving door” policy prohibiting former County officials from lobbying the County at least two years after leaving • Authorize suspension of elected County officials criminally charged with a felony.
64 16.B.a
Packet Pg. 806 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on Building Public Trust & Transparency
Budget Transparency: County departments and agencies must present proposed budgets annually to the Board in open public meetings.
Robust Democracy: All legislation must be publicly posted for at least five days before action is taken.
Governance Reform Task Force: Public will help shape and be part of lead governance reform implementation body.
65 16.B.a
Packet Pg. 807 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on Implementation & Timeline
This measure would be implemented at no additional cost to taxpayers. • If the Board approves, a charter reform ballot measure will be voted on in November.
• If passed by voters, three bodies will be created:
• Governance Reform Task Force: 180 days after certification • Independent Ethics Commission: by 2026
• Charter Review Commission: convenes every ten years
• 2028: County Executive would be elected
• 2032: Board expansion to take effect after the Census and redistricting processes are completed
• Opportunities for community engagement every step of the way 66 16.B.a
Packet Pg. 808 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on Q&A
67 16.B.a
Packet Pg. 809 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on
Los Angeles County Governance Reform
For a more representative, accountable, and efficient County The Need for Reform
The Los Angeles County government has remained unchanged since 1912, before women had the right to vote and the population was 500,000. Today, five elected supervisors serve the most populous county in the nation, each representing two million constituents. Now is the time to reform Los Angeles County’s form of government to be responsive to our region’s greatest challenges.
Comprehensive Reform Package
LA County deserves a governance structure that is effective, representative, and transparent. By expanding the Board, electing a County Executive, and establishing an independent Ethics Commission, we can build a government that truly serves and reflects the needs of our communities.
1. REPRESENTATION: EXPANSION OF THE BOARD
Expand from Five to Nine Supervisors: Increasing the Board to nine Supervisors would allow more diverse voices, truly reflective of LA County, to shape County policy. The expansion would also increase accessibility of Supervisors to the communities they represent.
2. EFFICIENCY: ELECTED COUNTY EXECUTIVE
Transition from Appointed to Elected: Moving from an appointed CEO to an elected County Executive would ensure the County’s operations and budget management are more efficient and accountable to the public. This separation between an executive and legislative branch would create necessary checks and balances within LA County government.
3. TRANSPARENCY: INDEPENDENT ETHICS COMMISSION
Transparency and Trust: An independent Ethics Commission would increase transparency, build public trust, and combat corruption. The commission enhance accountability and integrity within the County’s governance, ensuring ethical conduct.
Additional reforms include a commission to review the County Charter every ten years; a Department of Budget and Management and a County Legislative Analyst; open budget hearings by departments annually; and creating a task force to oversee reform implementation.
Why Now?
This is a once in a generation opportunity to create the necessary structural changes within LA County to tackle our greatest challenges through Charter reform that will go before voters as a ballot measure in November 2024.
We can no longer let a dated bureaucracy prevent us from more effectively addressing our homelessness crisis, making real progress on justice reform, or actualizing a government where Angelenos can meaningfully be at the decision-making table. Reform has been studied for decades – the time to act is now. This is the change our communities have called for and now voters have an opportunity to bring Los Angeles County into the 21st century this November. 68 16.B.a
Packet Pg. 810 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) MOTION
SOLIS __________________________
MITCHELL __________________________
HAHN __________________________
BARGER __________________________
HORVATH __________________________
AGN. NO.
MOTION BY SUPERVISORS LINDSEY P. HORVATH AND July 9, 2024
JANICE HAHN
Increasing Effectiveness, Responsiveness and Accountability of County Government through Charter Reform
When the Los Angeles County Charter was adopted by the voters in 1912, Los Angeles County’s (County) population was a little over 500,000. Since our governance model was adopted, the County has grown massively in scale and scope, becoming the most populous county in the nation with nearly 10 million residents and 88 incorporated cities within its borders. If the County were a state, it would be ranked as the 11th most populous, just below Michigan and above New Jersey. Economically, Los Angeles County has a larger Gross Domestic Product (GDP) than all but five U.S. states (California, Texas, New York, Florida, and Illinois). Yet our governance structure, established before women had the right to vote, has remained unchanged.
As a result, Los Angeles County residents suffer deficits of representation and accountability. Each of the five-person Board of Supervisors (Board), elected directly by voters, represents approximately 2 million constituents. In the unincorporated areas of the County, Supervisors additionally serve in the same capacity as mayors and councilmembers, responsible for direct municipal services such as waste collection and 69 16.B.a
Packet Pg. 811 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) street repair. Furthermore, a governance structure that lacks an elected executive does not benefit from clearly delineated roles of accountability and district-specific interests might be prioritized over the County as a whole. A countywide official, elected by and answerable to the voters, is best positioned to consider the common interests of the entire County population and to be held accountable for their implementation. Such a system would sharply reduce the potential for parochialism and focus an essential regional perspective.
Processes vital to how the County functions, such as the creation and passage of the County budget, should be led by an official who is chosen by and directly accountable to the voters.
For over half a century, multiple efforts have been made to reform the County's governance structure, including the expansion of the Board of Supervisors and the creation of an elected County Executive. County and State efforts on governance reform include:
• Proposition D: Board Expansion (1962)
• Proposition A: Elected County Mayor (1976)
• Proposition B: Board Expansion (1976)
• Proposition B: Elected County Executive (1992)
• Proposition C: Enlarging the Board of Supervisors (1992) • SCA 7 (Polanco): Mandated Board Expansion (2000)
• Measure A: Board Expansion (2000)
• SCA 8 (Mendoza): Charter Counties: Board of Supervisors: Redistricting (2015) • SCA 12 (Mendoza): Counties: Governing Body: County Executive (2017) • Equitable Representation through Possible Expansion of the Los Angeles County (Solis-Hahn) (2023)
• Improving Los Angeles County Board Governance to Strengthen Equity and Transparency (Mitchell-Horvath) (2023) [revised motion]. 70 16.B.a
Packet Pg. 812 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) Moreover, numerous studies on Los Angeles County governance reform have been published over the years, including:
• Study of Los Angeles County Charter, Los Angeles County Citizens’ Economy and Efficiency Committee (1970)
• Final Report, Los Angeles County Grand Jury (1973)
• To Serve Seven Million, Public Commission on Los Angeles County Government, Los Angeles County Bar Association (1976)
• Report on the Executive Structure of Los Angeles County Government (Organization), Los Angeles County Citizens’ Economy and Efficiency Committee (1990)
• Final Report, Los Angeles County Civil Grand Jury (2016) • Final Report, Los Angeles County Citizens Redistricting Commission (2021) Though most studies recommend the creation of an elected County Executive and/or an expansion of the Board of Supervisors, the aforementioned reports lead to the same conclusion: Los Angeles County’s governmental structure is in need of reform.
While the data points may change over time, issues of accountability and the need for better representation remain. As we have faced and continue to face numerous crises on multiple fronts—the COVID-19 pandemic, massive wildfires, homelessness, criminal justice reform, and climate change to name a few—the lack of strong, elected executive leadership has impacted our ability to address those challenges as nimbly and efficiently as possible.
Further, in order to achieve the checks and balances essential to our democracy, creating an elected County Executive must be accompanied by an expansion of the Board of Supervisors. Including additional members to the Board increases equitable 71 16.B.a
Packet Pg. 813 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) representation for the County’s 10 million residents in all their diversity, with varied perspectives to balance a strong County Executive. Los Angeles is an anomaly in terms of local government representation. Table A below illustrates how disproportionate representation is in Los Angeles relative to large metropolitan areas across the country:
Table A: County Comparisons
JURISDICTION TOTAL
POPULATION
LOCAL
REPRESENTATIVES
CONSTITUENTS
PER DISTRICT
ELECTED
COUNTY
EXECUTIVE
San Francisco
City and County,
CA1
875,000 11 County Supervisors 79,500 Yes
Prince George's
County, MD 950,000 11 County Councilmembers 86,000 Yes
Montgomery
County, MD 1 million 11 County Councilmembers 91,000 Yes Cuyahoga
County, OH 1.2 million 11 County Councilmembers 109,000 Yes Wayne County,
MI 1.9 million 15 County Commissioners 127,000 Yes
King County,
WA 2.3 million 9 County Councilmembers 256,000 Yes
Miami-Dade
County, FL 2.7 million 13 County Commissioners 208,000 Yes Cook County, IL 5.2 million 17 County
Commissioners 306,000 Yes
New York City2 8.3 million 51 Councilmembers 163,000 Yes Los Angeles
County, CA 10 million 5 County Supervisors 2 million No With additional elected representation comes the need for independent oversight to maintain public trust. The numerous reports of ethics and corruption scandals in local government over the last two decades reinforce this need. An impartial body charged with 1 Other than San Francisco, which is a consolidated city-county, California's counties are governed by an elected five-member Board of Supervisors.
2 New York City consists of five boroughs coterminous with county boundaries. Boroughs function as counties for certain purposes, but there is no county government. When New York City was consolidated into its present form in 1898, all previous town and county governments within it were abolished in favor of the present five boroughs and a unified, centralized city government. 72 16.B.a
Packet Pg. 814 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) administering county and state laws related to such areas as campaign finance, government contracts, land use developers, governmental ethics, and lobbying must be formed to increase public confidence in local government and elections.
As we near the halfway point to the decennial reapportionment process and approach a presidential election which traditionally yields a higher voter turnout, now is the time to turn to the residents of Los Angeles County to reform government, improve accountability and representation, and take on the complex challenges of our time.
WE, THEREFORE, MOVE that the Board of Supervisors direct County Counsel to draft the necessary documents, including an ordinance, for a proposed Charter amendment reconstituting the Los Angeles County governance structure for placement on the November 5, 2024 ballot, to be consolidated with the Statewide election to be held that day, to be considered for two ordinance readings, with the second reading to be completed at a Board of Supervisors meeting by no later than 88 days before the November 5, 2024 Statewide Election, containing the following provisions:
1. By 2028, establish an office of County Executive to be elected directly by voters countywide at a general election for a term of four years and every four years thereafter. The County Executive shall have all executive and administrative powers and duties of the Board of Supervisors except for administrative oversight of the County Legislative Analyst and the Clerk of the Board of Supervisors.
Legislative and quasi-judicial powers shall be retained by the Board of Supervisors. In addition, the County Executive shall have the following powers and duties:
a. To perform all powers and duties provided by State law and 73 16.B.a
Packet Pg. 815 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) County Code to the county chief administrative officer. b. To appoint and dismiss all appointed department heads, subject to confirmation by the Board of Supervisors unless prohibited by law, except for the County Legislative Analyst and Clerk of the Board of Supervisors.
c. To supervise, direct, evaluate, and manage the conduct of all appointed department heads, unless prohibited by law, except for the County Legislative Analyst and the Clerk of the Board of Supervisors.
d. To develop and submit the County annual budget to the Board of Supervisors for approval or amendment by that body, which shall transmit back any amendments to the budget, to the County Executive, in accordance with State law.
e. To veto amendments made by the Board of Supervisors to the budget, except that the Board of Supervisors have seven days (excluding Saturdays, Sundays and holidays) from such veto to restore an amendment by two-thirds majority vote of the Board, within the time for adopting the County budget specified in State law.
2. Expand the Board of Supervisors from five members to nine members following the 2030 decennial census and reapportionment process. a. Seven Supervisors shall be elected in 2032. Two of the seven Supervisors will serve a term of two years. The initial two-year term shall not count towards the term limits established in the 74 16.B.a
Packet Pg. 816 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) County Charter but will also not create a break in service for incumbent Supervisors for purposes of determining consecutive terms. The Supervisorial Districts subject to an initial two-year term shall be selected randomly. Four Supervisors shall be elected in 2034 for a full term expiring in 2038. Thereafter, Supervisors shall be elected in staggered elections of five Supervisors and four Supervisors in even numbered years for four-year terms.
3. By 2028, establish the position of the Director of Budget and Management to prepare the County Executive’s annual budget, to advise and provide recommendations to the County Executive on the fiscal condition, financial status, and future needs of the County, and to promote productivity, economic development, and efficiency in the conduct of County government.
a. The Director of Budget and Management shall be appointed by the County Executive subject to confirmation by the Board of Supervisors.
b. The Director of Budget and Management shall prepare the County’s annual budget and administer the budget upon
adoption.
c. The Director of Budget and Management shall coordinate additional administrative functions currently performed by the Chief Executive Office.
4. By 2028, establish the position of County Legislative Analyst. 75 16.B.a
Packet Pg. 817 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) a. The County Legislative Analyst shall be appointed and removed by a two-thirds majority vote of the Board of Supervisors. b. The County Legislative Analyst shall provide nonpartisan legislative support and analysis for the Board of Supervisors on County policy issues.
5. By 2026, require all non-urgency legislation be publicly posted for a minimum of 120 hours (five days) before action is taken by the Board of Supervisors.
6. By 2026, establish an independent Ethics Commission charged with the following:
a. Investigate allegations of misconduct by County officials and to monitor and enforce laws in coordination with other agencies related to governmental ethics, including but not limited to campaign finance, conflicts of interest, lobbying, postgovernment employment, government contracts, and land use developer conflicts.
b. Regularly review the County Code and make recommendations to the Board of Supervisors for updates regarding governmental ethics including, but not limited to, campaign finance, conflicts of interest, lobbying, post-government employment, government contracts, and land use developer conflicts.
c. Develop and/or implement additional updates and features to enable searchable public data portals related to governmental ethics, including but not limited to all lobbying activity, defined as 76 16.B.a
Packet Pg. 818 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) but not limited to registration, activity, contributions, and expenditures updated in real time, or as close to real time as practicable.
d. The Board of Supervisors shall provide reasonable funding and staffing for the Ethics Commission.
7. Authorize suspension of an elected county officer, including a member of the Board of Supervisors, with or without pay, who has been criminally charged with felony related to a violation of official duties to the extent permitted by law.
8. By 2026, establish the Office of Ethics Compliance to be led by the Ethics Compliance Officer to support the work of the independent Ethics Commission.
9. Require a “revolving door” policy for Los Angeles County that prohibits former Los Angeles County officials from lobbying the County for a minimum of two years after leaving County service, not the current one year.
10. Establish a Governance Reform Task Force, reporting to the Board of Supervisors, responsible for implementation of this Charter amendment upon adoption by the voters, including robust community and stakeholder outreach. The Task Force shall convene no later than 180 days after certification of the vote and provide initial recommendations to the Board of Supervisors within a reasonable timeframe in order to carry out the effects of the Charter amendment. The Task Force shall disband upon completion of implementation no later than December 3, 77 16.B.a
Packet Pg. 819 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) 2028, unless otherwise directed by the Board of Supervisors.
11. Establish a Charter Review Commission to meet, at a minimum, decennially to review Los Angeles County governance and the Los Angeles County Charter. The Charter Review Commission shall make recommendations to the Board of Supervisors. Upon transmittal of the Commission’s recommendations, the Board must place the
recommendations on the agenda and vote no later than 90 days after receipt.
12. Require County departments and agencies to present their budgets to the Board of Supervisors in open, public meetings, prior to the annual budget being adopted.
13. Require that the implementation of this measure may only use existing County funding sources, and there not be any additional costs to or taxes imposed on taxpayers to implement this measure.
WE, FURTHER, MOVE that:
1. The Board of Supervisors shall provide, by ordinance, any process, office, or action necessary to implement this measure, if approved by the voters, consistent with the intent of the measure; and
2. County Counsel shall:
a. Draft all necessary documents to effectuate this motion, including incorporation of a severance clause and language from the 2000 Charter amendment ordinance proposing the establishment of a County Executive and expansion of the Board, to the extent appropriate but not inconsistent with this motion, and
78 16.B.a
Packet Pg. 820 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) b. Ensure all changes proposed in this measure are publicly disseminated in the languages required for County election materials as set forth in Section 203 of the federal Voting Rights Act and Section 14201 of the California Elections Code.
3. Ensure that the proposed Charter amendment is clear that should any provision or part of the proposed Charter amendment be found unconstitutional or invalid, it would be severable, and its invalidity or unconstitutionality shall not affect the remaining provisions or application, which would be implemented without the invalid or unconstitutional part. # # #
LPH:jo:cc
AGN. NO.
MOTION BY SUPERVISORS LINDSEY P. HORVATH AND July 9, 2024
JANICE HAHN
79 16.B.a
Packet Pg. 821 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) VOTES REQUIRED: ☒ 3-VOTES ☐ 4-VOTES
☐5-VOTES
CATEGORIES: (Please check ☒ those that apply)
☐ 1. Child Welfare ☐ 2. Community and Youth Empowerment ☐ 3. County and Municipal Services ☐ 4. Economic Justice ☐ 5. Economic and Workforce Development ☐ 6. Education ☐ 7. Environment and Environmental Justice ☐ 8. Fiscal ☒ 9. Governance ☐ 10. Health ☐ 11. Homelessness and Housing ☐ 12. Immigration ☐ 13. Public Safety and Diversion ☐ 14. Social Justice and Human Rights ☐ 15. Technology and Data ☐ 16. Arts, Culture, and the Creative Economy ☐ 17. Legislation ☐ 18. Parks and Open Space ☐ 19. Planning/Land Use ☐ 20. Transportation ☐ 21. Veterans ☐ 22. Delegated Authority 80 16.B.a
Packet Pg. 822 Attachment: Measure G Presentation and Motion (6656 : Discussion of Measure G on November 2024 Ballot) Measure G – LA County Government Structure, Ethics, and Accountability Charter Amendment Request by Councilmember Oscar de la Torre that the City Council discuss Measure G which will be on the November 2024 ballot. Measure G is a proposed County charter amendment which would amend the LA County Charter to create an elected County Executive, create an independent Ethics Commission to increase restrictions on lobbying and investigate misconduct, establish a nonpartisan Legislative Analyst to review proposed County policies, increase the Board of Supervisors from five to nine elected members; require County departments to present annual budgets in public meetings; using existing funding sources with no additional taxes to implement, as detailed in the charter amendment ordinance. This item is being brought to the City Council by Councilmember de la Torre as the City’s voting delegate at the Westside Cities Council of Governments. At its August 8, 2024 board meeting, the WSCCOG received a presentation on Measure G and direction was given to WSCCOG members to seek direction from their respective governing bodies and return prepared to discuss and possibly vote to take a position on Measure G at the WSCCOG’s next board meeting which is scheduled for October 10, 2024. Councilmember de la Torre is asking for the City Council to discuss this item so he can best represent the City during the WSCCOG Board discussion in October. ( Attachment includes Measure G presentation and text of the Motion adopted by the LA County Board of Supervisors.)
INTRODUCTION
This item requests the City Council to review a proposed Los Angeles County ballot measure, which is on the November 5, 2024 General Election ballot. As written, Measure G proposes to amend Los Angeles County’s Charter to change the governance structure. This amendment would, amongst numerous items, establish a directly elected County Executive, expand the number of County Supervisors from five to nine, and create other Los Angeles County ("County") positions such as the Director of Budget and Management and County Legislative Analyst.
DISCUSSION
On July 9, 2024, the Los Angeles County Board of Supervisors (the “Board”) directed the Office of County Counsel to prepare the necessary documents, including an ordinance, for a special election to vote on an amendment to the County Charter on November 5, 2024, which is the same day as the General Election for other local, state, and federal elections.
If approved by a majority of the voters (50% + 1), the proposed County Charter amendment would:
By 2028, establish the office of an elected County Executive, and the positions of a Director of Budget and Management and County Legislative Analyst. o The County Executive would be able to
Appoint and dismiss all appointed department heads subject to the approval of the Board;
Supervise, manage and evaluate all appointed department heads except for the Clerk of the Board and County Legislative Analyst;
Develop and submit the annual budget for approval by the Board; and Veto amendments made to the budget by the Board unless the Board by a 4/5s vote overrides the veto
Expand the membership of the Board of Supervisors from five to nine elected members following the 2030 redistricting process;
By 2026, establish an independent County Ethics Commission, an Office of Ethics Compliance, and the position of Ethics Compliance Officer; By 2026, require all items of business of the Board be on the posted agenda at least 120 hours before a regular meeting;
16.B.b
Packet Pg. 823 Attachment: Measure G - Background Attachment (6656 : Discussion of Measure G on November 2024 Ballot) Establish a Governance Reform Task Force and Charter Review Commission; Authorize the suspension, with or without pay, of an elective County officer who has been criminally charged with a felony related to a violation of official duties; Prohibit former County officials from lobbying the County for a minimum of two years after leaving County service;
Require the presentation of department budgets during a public hearing; and Require implementation of the Charter amendment using existing County funding sources, with no additional taxes to implement.
For the first time, the County Registrar will print a nonpartisan fiscal analysis of all countywide ballot measures on the sample ballot that registered voters will receive in the mail (Attachment 2). According to the Measure G non-partisan fiscal analysis, the Charter Amendment will:
“… likely result in additional future costs in two categories — for implementation of the Charter Amendment, and for the ongoing costs of operating the new offices and positions it creates.
The Charter Amendment requires that implementation costs be funded with existing County funding sources and result in no additional costs to, or taxes imposed on taxpayers.” As with the implementation of any new position(s) or creation of new departments, there are associated start-up costs. These costs cover a wide range of items including but not limited to office space, technology, and election costs. The nonpartisan fiscal analysis estimates these costs at $8 million. Most likely, this funding would come from reallocating funds from other County functions and/or programs, savings from operating efficiencies, and/or setting aside funding from existing revenue sources as Measure G contains language that the County cannot increase taxes for these expenses.
Should the Charter Amendment pass, there would also be ongoing, annual costs such as salaries, benefits, and the continuing costs for maintaining office space. Unfortunately, the nonpartisan fiscal analysis cannot estimate the costs associated with this since some of the changes will not begin until 2030 and those future impacts may be impacted by current and future policymaker decisions.
It is worthwhile to note the ongoing costs are not bound by the same funding constraints as the implementation costs meaning they may be funded by “reallocating existing resources, reserving future revenue growth, achieving operating efficiencies, or by utilizing alternative and/or new funding sources.”
On July 30, 2024, Measure G was placed on the November 5, 2024 ballot by a 3-2 vote of the Board with Supervisors Barger and Mitchell dissenting. Supervisors Mitchell and Barger stated they could not support the Measure. Supervisor Mitchell stated several concerns with the proposed measure during a Board Meeting, including but not limited to:
No meaningful collaboration with the community to develop a solution for better representation.
Community groups expressed concerns to her that an elected County Executive would consolidate power and diminish the voices of the elected supervisors who serve marginalized communities more effectively.
While the ordinance states there will be no additional taxes, there were concerns with the notion the Charter Amendment would not result in costs, even indirectly, to the residents of the County. Specifically, if no new revenue is generated to fund the increase in size of the Board framework, and the County will need to absorb those costs with existing resources, then what reductions would need to occur and at what costs to the services residents currently receive.
The intent of the ordinance is to create greater representation for the uniqueness of each district in the County, yet there could be challenges in obtaining agreement from five out
16.B.b
Packet Pg. 824 Attachment: Measure G - Background Attachment (6656 : Discussion of Measure G on November 2024 Ballot) of nine Supervisors for making investments with the budget. The ability of a Supervisor’s ability to truly fight and advocate for the unique needs of their districts will be severely compromised.
On August 8, a representative from the County made a presentation to the Westside Cities Council of Governments (WSCCOG). Some of the stated reasons for the proposed charter amendments include:
1) The current five-member Board was established in 1912 when there were 500,000 in Los Angeles County and now there are over 10,000,000 residents 2) Increase effectiveness, accountability, representation, and transparency; and 3) Separate legislative and executive powers
The WSCCOG is now requesting each member City consider supporting Measure G at the request of Supervisor Horvath’s Office. Councilmember de la Torre is asking for the City Council to discuss this item so he can best represent the City during the WSCCOG Board discussion at the October 4th meeting.
As of September 19, 2024, the following City Councils have taken the following actions:
Beverly Hills voted 4-1 to Oppose Measure G.
Culver City voted 4-0 (one member absent) to Oppose Measure G.
FISCAL IMPACT
The fiscal impact of Measure G is unknown. While there are no direct costs to the City, it is unknown if the Los Angeles County will need to make budget reductions in order to cover the expenses related to the one time implementation costs and ongoing costs for the new Board Members, new County positions, and their officers. It is difficult to determine what the net impact may be to the City should program reductions need to occur at the County level to cover the expenses associated with this Measure.
16.B.b
Packet Pg. 825 Attachment: Measure G - Background Attachment (6656 : Discussion of Measure G on November 2024 Ballot) ~ couN~r
COUNSEL
County of dos Angeles July 23, 2024
Dawyn R. Harrison
_.. c ?~ Couns~
The Honorable Board of Supervisors
County of Los Angeles
Board of Supervisors 383 Kenneth Hahn Hall of Administration Hilda L. Solis 500 West Temple Street
Supervisor, First District Los Angeles, California 90012 Holly J. Mitchell Re: Los Angeles County Charter Amendment Ordinance for Supervisor, Second District the Placement of a County Charter Amendment on the Lindsey P. Horvath November 2024 General Election Ballot Supervisor, Third District
Janice Hahn Dear Supervisors:
Supervisor, Fourth District
On July 9, 2024, your Board directed our office to prepare the Kathryn Barger necessary documents, including an ordinance, for a special election Supervisor, Fifth ~istr~ct to vote on an amendment to the County of Los Angeles ("County") Charter on November 5, 2024, to be held on the same date as the ~~°F LO3 November 5, 2024, General Election. Enclosed is the analysis and t ordinance for your Board's consideration, which also includes the ~ ~ ~ proposed Charter amendment to change the County governance ' X X' structure ("Ordinance").
C'~GFONN~r
The Ordinance requires two readings and a majority vote of your Board for placement on the ballot. If approved by a majority of the voters (50% + 1), the proposed Charter amendment would:
• By 2026, require all items of business of the Board of Supervisors ("Board") be on the posted agenda at least 120 hours before a regular meeting;
• By 2026, establish an independent County Ethics
Commission, an Office of Ethics Compliance, and the position of Ethics Compliance Officer;
• By 2028, establish the office of an elected County Executive, and the positions of a Director of Budget and Management and County Legislative Analyst;
HOA.104860749.13 648 Kenneth Hahn Hall of Administration 500 West Temple Street
Los Angeles, California 90012-2713
TEL 213.443.0461
TDD 213.633.0901
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Packet Pg. 826 Attachment: 16 Item - Measure G - Text (6656 : Discussion of Measure G on November 2024 Ballot) The Honorable Board of Supervisors
July 23, 2024
• Expand the membership of the Board of Supervisors from five to nine elected members following the 2030 redistricting process;
• Establish a Governance Reform Task Force and Charter Review Commission; • Authorize the suspension, with or without pay, of an elective County officer who has been criminally charged with a felony related to a violation of official duties;
• Prohibit former County officials from lobbying the County for a minimum of two years after leaving County service;
• Require the presentation of department budgets during a public hearing; and • Require implementation of the Charter amendment using existing County funding sources, with no additional taxes to implement.
To place this Charter amendment measure on the November 5, 2024, ballot, the Board must approve both the Ordinance and a Resolution calling and consolidating the election (to be presented at the same meeting as the second reading of the Ordinance), by no later than August 9, 2024.
The Ordinance and Resolution will take immediate effect upon approval by a majority vote of your Board. If approved by the voters, the proposed Charter amendment will be effective upon formal filing and acceptance by the California Secretary of State.
APPROVED AND RELEASED:
County Counsel
EWC:ch
Enclosures
HOA.104860749.13
Very truly yours,
DAWYN R. HARRISON
County Counsel
By
EVA W. CHU
Senior Deputy County Counsel
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Packet Pg. 827 Attachment: 16 Item - Measure G - Text (6656 : Discussion of Measure G on November 2024 Ballot) HOA.104862270.16
ANALYSIS
This ordinance calls for a special election to be held on November 5, 2024, for the purpose of voting upon an amendment to the Charter of the County of Los Angeles ("County") that would:
• By 2026, require all items of business of the Board be on the posted agenda at least 120 hours before a regular meeting;
• By 2026, establish an independent Los Angeles County Ethics Commission, an Office of Ethics Compliance and the position of Ethics Compliance Officer;
• By 2028, establish the office of an elected County Executive, the position of Director of Budget and Management, and the position of County Legislative Analyst; • Expand the membership of the Board of Supervisors from five to nine following the 2030 redistricting process;
• Establish a Governance Reform Task Force and Charter Review Commission;
• Authorize the suspension, with or without pay, of an elective County officer who has been criminally charged with a felony related to a violation of official duties; • Prohibit former County officials for a minimum of two years after leaving County service from lobbying the County;
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Packet Pg. 828 Attachment: 16 Item - Measure G - Text (6656 : Discussion of Measure G on November 2024 Ballot) HOA.104862270.16
• Require the presentation of department budgets during a public meeting; and
• Be funded with existing County funding sources and result in no additional costs to, or taxes imposed on taxpayers, with any implementation costs to be offset by cost savings, as determined through the annual County budgeting process.
The ordinance also directs the consolidation of the special election with the Statewide general election to be held on the same day.
DAWYN R. HARRISON
County Counsel
By:
Eva W. Chu
Senior Deputy County Counsel
Government Services Division
EC:ch
Requested: 7/5/2024
Revised: 7/17/2024
16.B.c
Packet Pg. 829 Attachment: 16 Item - Measure G - Text (6656 : Discussion of Measure G on November 2024 Ballot) HOA.104862270.16
ORDINANCE NO.
An ordinance calling a special election to be held on November 5, 2024, throughout the County of Los Angeles for the purpose of voting upon an amendment to the Charter of the County of Los Angeles and directing the consolidation of the election with the presidential general election to be held on the same day.
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Call of Election and Purpose.
A special election is hereby called, proclaimed, and ordered to be held on November 5, 2024, for the purpose of voting upon a proposed amendment to the Charter of the County of Los Angeles.
SECTION 2. Form of Measure.
The exact form of the measure as it is to appear on the ballot and the complete text of the proposed Charter amendment is as follows:
PROPOSED COUNTY CHARTER AMENDMENT.
LOS ANGELES COUNTY GOVERNMENT STRUCTURE,
ETHICS AND ACCOUNTABILITY CHARTER
AMENDMENT. Shall the measure amending the Los Angeles
County Charter to create an elected County Executive; create an independent Ethics Commission to increase restrictions on lobbying and investigate misconduct; establish a nonpartisan Legislative Analyst to review proposed County policies; increase the Board of Supervisors from five to nine elected members; require County departments to present annual budgets in public meetings; using existing funding sources with no additional taxes to implement, as detailed in the charter amendment ordinance, be adopted?
YES
NO
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Packet Pg. 830 Attachment: 16 Item - Measure G - Text (6656 : Discussion of Measure G on November 2024 Ballot) HOA.104862270.16 2
MEASURE__________
This measure (XXXXX) will become effective only if submitted to the voters at the election held on November 5, 2024, and only after approval by a majority of the qualified voters voting in the election on the issue.
The Charter amendment will take effect as provided for in sections 23713 and 23714 of the Government Code.
SECTION 3. Article I, Section 2 is hereby amended to read as follows:
Section 2.
The powers mentioned in the preceding Section can be exercised only by a Board of Supervisors, or by agents and officers acting under their authority or by authority of law of this Charter.
This Section shall remain in effect until December 4, 2028 or until the County Executive assumes office, and as of that date, is inoperative.
Section 2.
The powers mentioned in the preceding Section can be exercised only by a Board of Supervisors, or by agents and officers acting under their authority or by authority of law of this County is organized on the principle of separation of powers, the legislative and quasi-judicial powers of the County being conferred upon the Board of Supervisors and the executive and administrative powers of the County being conferred upon the other elective officers of the County. Whenever laws of the State, heretofore or hereafter enacted, delegate executive or administrative powers or impose executive
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or administrative duties on Boards of Supervisors, such powers shall be exercised and duties performed in the County by the County Executive.
This Section shall become operative on December 4, 2028 or as soon as the County Executive assumes office.
SECTION 4. Article II, Section 4 is hereby amended to read as follows:
Section 4.
The County of Los Angeles shall have a Board of Supervisors consisting of five members, each of whom must be an elector of the district which hethey represents, must reside therein during histheir incumbency, must have been such an elector for at least one-yearthirty days immediately preceding his electionelectionthe filing of their nomination papers, and shall be elected by such district. Following the 2030 redistricting process, the County of Los Angles shall have a Board of Supervisors consisting of nine members, each of whom must be an elector of the district which they represent, must reside therein during their incumbency, must have been such an elector for at least thirty days immediately preceding the filing of their nomination papers, and shall be elected by such district.Their terms of office shall be four years, and each shall hold until his successor is elected and qualified. No person while a member of the Board of Supervisors shall receive any compensation, in addition to that provided for by this Section, for services rendered to any public or governmental entity.
They shall each receive as compensation for their services a salary, payable monthly from the County Treasury, which shall be the same as that now or hereafter prescribed by law for a judge of the Superior Court in and for the County of Los Angeles, except
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that retirement benefits shall be those now or hereafter provided by law for officers and employees of the County of Los Angeles. They shall devote all their time during business hours to the faithful service of the public.
Notwithstanding any other provisions of this Charter, this amendment shall be operative as to incumbent members of said Board during their respective terms. If any provision of this amendment is held inoperative as to incumbent members during their current terms, then no change made by this amendment shall be operative as to incumbent members during their current terms, but in all other respects this amendment shall be operative to the extent legally possible.
No person shall be elected and qualified for the office of member of the Board of Supervisors if such person has been elected or served in such office for three consecutive terms, commencing with a term of office which begins in December 2002.
The limitation on terms shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the terms is less than one-half of the full term of office.
SECTION 5. Article II, Section 5 is hereby amended to read as follows:
Section 5.
The County is hereby divided into five supervisorial districts, as required by law the boundaries of which shall be and remain as they are now or until otherwise changed in this-Charter.
Following the 2030 redistricting process, the County shall be divided into nine supervisorial districts, as required by law.
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SECTION 6. Article II, Section 6 is hereby amended to read as follows:
Section 6.
At each general election at which the Governor is to be elected, and every four years thereafter, supervisors shall be elected from the First and Third Supervisorial districts, whose terms shall be four years, beginning at noon the first Monday in December following their election, and ending at noon on the first Monday in December, four years thereafter; provided that each shall hold office until histheir successor is elected and qualified.
At each general election at which the office of President appears on the ballot, and every four years thereafter, supervisors shall be elected from the Second, Fourth and Fifth districts, whose terms shall be four years, beginning at noon on the first Monday in December following their election, and ending at noon on the first Monday in December, four years thereafter; provided that each shall hold office until histheir successor is elected and qualified.
This Section shall remain in effect until December 2, 2030 and as of that date, is inoperative.
Section 6.
At each general election at which the Governor is to be elected, and every four years thereafter, supervisors shall be elected from the First and Third Supervisorial districts, whose terms shall be four years, beginning at noon the first Monday in December following their election, and ending at noon on the first Monday in December,
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Packet Pg. 834 Attachment: 16 Item - Measure G - Text (6656 : Discussion of Measure G on November 2024 Ballot) HOA.104862270.16 6
four years thereafter; provided that each shall hold office until his successor is elected and qualified.
At each general election at which the office of President appears on the ballot, and every four years thereafter, supervisors shall be elected from the Second, Fourth and Fifth districts, whose terms shall be four years, beginning at noon on the first Monday in December following their election, and ending at noon on the first Monday in December, four years thereafter; provided that each shall hold office until his successor is elected and qualified.
In the 2032 general election, supervisors shall be elected from the Second, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Supervisorial Districts.
Two of the Supervisorial Districts to be elected in the 2032 general election shall be selected randomly following the 2030 redistricting process for a two-year term of office which shall begin at noon the first Monday in December following their election in 2032, and end at noon on the first Monday in December, two years thereafter in 2034. Each supervisor shall hold office until a successor is elected and qualified. The two-year term shall not count towards the term limits established in Article II, Section 4 of this Charter. The two-year term will not create a break in service for incumbent supervisors for purposes of determining consecutive terms pursuant to Article II, Section 4 of this Charter.
At the 2034 general election, supervisors shall be elected from the two Supervisorial Districts previously selected as subject to the two-year term and Supervisorial Districts One and Three. The term for the office of supervisors elected
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at the 2034 general election shall be four years, beginning at noon the first Monday in December following their election in 2034, and ending at noon on the first Monday in December, four years thereafter in 2028, provided that each shall hold office until a successor is elected and qualified.
At the 2036 general election, supervisors shall be elected from the five Supervisorial Districts that did not have elections in 2034. The term for the office of supervisors elected at the 2036 general election shall be four years, beginning at noon the first Monday in December following their election in 2036, and ending at noon on the first Monday in December, four years thereafter in 2040, provided that each shall hold office until a successor is elected and qualified.
Thereafter, the election of supervisors in the County shall be staggered, such that four supervisors will be elected at each general election at which the Governor is to be elected, and every four years thereafter, and five supervisors will be elected at each general election at which the office of President appears on the ballot, and every four years thereafter. The term of office shall be four years, beginning at noon the first Monday in December following their election, and ending at noon on the first Monday in December, four years thereafter, provided that each shall hold office until a successor is elected and qualified.
This Section shall become operative on December 3, 2030.
SECTION 7. Article II, Section 7 is hereby repealed in its entirety.
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SECTION 8. Effective December 4, 2028, or as soon as the County Executive assumes office, Article III, (beginning with Section 10) is hereby repealed in its entirety.
SECTION 9. Effective December 4, 2028, or as soon as the County Executive assumes office, Article III-A (beginning with Section 10.2) is added to the Charter of the County of Los Angeles to read as follows:
ARTICLE III-A
GENERAL POWERS OF THE BOARD OF SUPERVISORS
Section 10.2. The legislative and quasi-judicial power of the County is vested in the Board of Supervisors.
Section 10.4. The Board of Supervisors may enact ordinances and adopt resolutions and Board orders as provided in Article lll-C of this Charter. Action by the Board of Supervisors shall be by ordinance or resolution, except where the Board is authorized by this Charter to act on specific matters by Board order.
Section 10.5. The Board of Supervisors may by order, remove from office any person it has exclusive authority to appoint.
Section 10.6. The Board of Supervisors may initiate amendments to the County Charter and put questions to referendum as provided by law. Resolutions and ordinances adopted pursuant to this Section are not subject to veto or approval by the County Executive.
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Section 10.10. The Board of Supervisors through its County Legislative Analyst shall receive nonpartisan legislative support and analysis on County policy issues.
Section 10.12. The Board of Supervisors may conduct public hearings pertaining to any matter concerning which the Board is empowered to act.
Section 10.14. The Board of Supervisors is authorized, and it shall be the duty of the Board:
A. To provide, by ordinance, the functions to be performed, the services to be provided, and the policies to be followed by County offices, departments and agencies.
B. Except as otherwise provided by law, to provide, by ordinance, for the compensation of elective and appointive officers and employees of the County.
C. To provide, by ordinance, for the number of assistants, deputies, clerks, attaches, and other persons to be employed from time to time in the several offices, departments and agencies of the County.
D. To provide, by ordinance, for the creation of County offices other than those required by the Constitution and laws of the State.
E. To provide, by ordinance, for the consolidation or separation of offices provided for in this Charter or by law.
F. To require, if deemed expedient, any County officer or employee, before or after entering upon the duties of their office or service, to give bond for the faithful performance thereof, in such penal sums as may be fixed by the Board.
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G. To limit implementation costs necessary to expand the membership of the Board of Supervisors from five to nine members, to establish the positions of elected County Executive, Director of Budget and Management, County Legislative Analyst, and Ethics Compliance Officer, and to establish the Los Angeles County Ethics Commission, the Office of Ethics Compliance, the Governance Reform Task Force, and the Charter Review Commission, so that such implementation costs are funded with existing County funding sources and result in no additional costs to, or taxes imposed on taxpayers, with any implementation costs to be offset by cost savings, as determined through the annual County budgeting process and in coordination with the County Executive.
Section 10.16. The Board of Supervisors shall, by resolution, appropriate and authorize the expenditure of any and all funds of the County, including funds made available from State, federal or private sources. Budget adjustments shall be made by resolution. No officer, employee, department or agency of the County shall make any expenditure of County funds that has not been authorized by appropriation of the Board of Supervisors or otherwise authorized by law.
Section 10.18. The Board of Supervisors shall, by resolution, not subject to approval or veto by the County Executive, set the property tax rate. All powers of the County to levy taxes, fees, excises, or like exactions are vested in the Board of Supervisors, acting by ordinance or resolution.
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Section 10.20. For the conduct of its functions, the Board of Supervisors may by Board order, establish rules of organization and procedure, and establish committees of its members or other appropriate assignments.
Section 10.22. The Board of Supervisors may request the County Executive to submit regular reports to the Board relating to the conduct of County business and programs, the quality of County services, and the productivity of County programs. The County Executive shall respond to such requests.
Section 10.24. The Board of Supervisors may authorize and regulate expenditures from funds which have been appropriated to the Board for its own operations. All such expenditures are subject to the audit procedures applicable to all County departments and operations.
Section 10.26. The Board of Supervisors may establish an office of the Clerk of the Board of Supervisors, appoint a Clerk, and specify the authority and duties of the Clerk and the Clerk's subordinates. Specific duties of the Clerk of the Board of Supervisors shall be prescribed by ordinance which shall not be subject to veto by the County Executive.
Section 10.28. The Board of Supervisors shall appoint a County Legislative Analyst to provide nonpartisan legislative support and analysis for the Board of Supervisors on County policy issues. The County Legislative Analyst may only be removed by a two-thirds majority vote of the Board of Supervisors. Specific duties of the Legislative Analyst shall be prescribed by ordinance which shall not be subject to veto by the County Executive.
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SECTION 10. Effective December 4, 2028, or as soon as the County Executive assumes office, Article III-B (beginning with Section 11.2) is added to the Charter of the County of Los Angeles to read as follows:
ARTICLE lll-B
COUNTY EXECUTIVE
Section 11.2. At the general election to be held in 2028, a County Executive shall be elected, whose term shall begin at noon on the first Monday in December after their election and shall end at noon on the first Monday in December four years thereafter. The County Executive shall thereafter be elected at each general election for which the office of President appears on the ballot. The County Executive shall hold office until a successor is elected and qualifies.
Section 11.4. A person elected to the Office of County Executive must have been an elector of the County for at least thirty days immediately preceding the filing of their nomination papers and must reside in the County during their incumbency.
Section 11.6. The County Executive shall receive as compensation for their services an annual salary payable monthly from the County Treasury and shall have the retirement benefits now or hereafter provided by law for officers and employees of the County. The annual salary of the County Executive shall be set by the Board of Supervisors and be subject to Article XII, Section 52 of this Charter. However, the compensation of the County Executive shall at all times be at least $1.00 more than the compensation of any other County elective officer. A County Executive may not receive any compensation, in addition to that provided by this Section, for services
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rendered to any public or governmental entity. The County Executive shall devote all of their time during business hours to the faithful service of the public.
Section 11.8. The County Executive shall perform all powers and duties provided by State law and the County Code to the county chief administrative officer.
The executive and administrative authority of the County is vested in the County Executive except for administrative oversight of the County Legislative Analyst and the Clerk of the Board of Supervisors, and the County Executive is responsible for the faithful execution and fair administration of all laws and ordinances relating to the County except insofar as such authority and responsibility is vested by law in other County officers.
Section 11.10. The County Executive shall supervise, direct and manage the conduct of all County officers and the operation of all departments and agencies of the County, including all districts for which the Board of Supervisors is the governing board to the extent permitted by State law, except the Board of Supervisors, Sheriff, District Attorney, Assessor, Clerk of the Board of Supervisors, County Legislative Analyst, and their departments. All officers, employees, departments and agencies of the County under the supervision of the County Executive will report exclusively to the County Executive and will be bound by their directives and pronouncements.
Section 11.12. Except as otherwise provided by local, State or federal law, the County Executive may prescribe, for all County officers, departments, and agencies, including all districts for which the Board of Supervisors is the governing board to the extent permitted by State law, except the Board of Supervisors, Sheriff, District
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Attorney, Assessor, Clerk of the Board of Supervisors, County Legislative Analyst, and their departments, administrative priorities, policies, procedures, and practices necessary to efficiently and economically carry out the law and the functions of the County officer, employee, department or agency concerned.
Section 11.14. The County Executive shall have the power to approve or veto an ordinance or resolution adopted by the Board of Supervisors and to veto or reduce an appropriation item in an ordinance or resolution or in the annual budget or budget adjustment adopted by the Board of Supervisors except as otherwise expressly provided in this Charter.
Section 11.16. The County Executive or their designee shall be the sole representative of the public employer and shall have the duty to negotiate as such representative as required by federal or State law or County ordinance.
Section 11.18. The County Executive shall appoint the head of each County department and agency, including all districts for which the Board of Supervisors is the governing board to the extent permitted by State law, except elective offices, the County Legislative Analyst, and the Clerk of the Board of Supervisors.
Appointments by the County Executive, except to positions within the department of the County Executive, shall not be effective until confirmed by the Board of Supervisors.
Section 11.20. The County Executive may remove, at any time, with or without cause, any person whom they are authorized to appoint, except that person may be reinstated by a two-thirds vote of the Board of Supervisors.
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Section 11.22. The County Executive may formally delegate any of the powers vested in them by this Charter to officers whose appointment is subject to confirmation by the Board of Supervisors, except that the County Executive may not delegate the power to appoint or remove nor the power to veto or approve ordinances or resolutions adopted by the Board of Supervisors.
Section 11.24. The County Executive shall develop and submit the County annual budget to the Board of Supervisors for approval or amendment by that body, which shall transmit back any amendments to the budget to the County Executive, in accordance with State law. The County Executive shall also have the power to veto amendments made by the Board of Supervisors to the budget, except that the Board of Supervisors has seven days (excluding Saturdays, Sundays and holidays) from such veto to restore an amendment by two-third vote of its members, within the time for adopting the County budget specified in State law.
Section 11.26. The County Executive shall appoint a Director of Budget and Management, subject to confirmation by the Board of Supervisors. It shall be the duty of the Director of Budget and Management, under the direction of the County Executive, to advise and provide recommendations to the County Executive on the fiscal condition, financial status, and future needs of the County, to prepare the County's annual budget and administer the budget upon adoption, to promote productivity, economic development, and efficiency in the conduct of County government, and to coordinate and perform additional administrative functions as directed by the County Executive.
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Section 11.28. The County Executive shall, from time to time, but not less often than once each year, make in person a report to the Board of Supervisors concerning the state of the County and recommend to the Board of Supervisors, for its consideration, such measures as the County Executive believes to be necessary and expedient.
Section 11.30. The County Executive shall submit a proposed budget to the Board of Supervisors within the time required by law.
Section 11.32. If the Board of Supervisors determines by a two-thirds vote of its members that the County Executive is temporarily disabled, the Chair of the Board shall become the Acting County Executive for the period of such temporary disability or until a vacancy in the office of County Executive is declared. A temporary disability is terminated when the County Executive files a declaration with the Board of Supervisors stating that the temporary disability has ended. Such declaration shall be based upon the sworn written testimony of three competent physicians licensed to practice medicine in the State of California that the County Executive’s temporary disability has ended and that the County Executive is physically and mentally competent and able to carry out the duties of Office. For the purposes of this action, the Acting County Executive shall have the full powers of the County Executive except they shall not have the power to remove any person subject to the appointment authority of the County Executive. If the Chair of the Board is disabled or there is no Chair, the Chair Pro Tempore shall become the Acting County Executive. If the Chair Pro Tempore is disabled or there is no Chair Pro
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Tempore, the most senior Supervisor in years of service shall become the Acting County Executive.
Section 11.34. A vacancy exists in the Office of County Executive upon the death, removal or resignation of the County Executive or when the County Executive is continuously disabled from performing the duties of the office for a period of 180 days or more, and the Board of Supervisors, by Board order approved by a unanimous vote of its members, finds that it is probable that this disability will substantially impair the County Executive's ability to perform their duties over the balance of the term. When there is such a vacancy in the Office of County Executive, the Chair of the Board shall become the Acting County Executive with the full powers of the County Executive provided in this Charter until an elected successor qualifies, or until a County Executive is appointed or the Chair of the Board shall become County Executive as hereinafter provided, whichever first occurs.
When a vacancy occurs in the Office of County Executive, the vacancy shall be filled by election if the Board of Supervisors adopts an ordinance calling a special election for such purpose on or before the thirtieth day after the vacancy occurs. In such case, a successor shall be elected to fill the vacancy for the unexpired term. In the event that the Board of Supervisors fails to call such an election, the vacancy shall be filled by appointment by the Governor made not earlier than the thirty-first day nor later than the ninetieth day after the vacancy occurs. In the event the Governor fails to appoint a successor within such period, the Chair of the Board or the Supervisor who is
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the Acting County Executive pursuant to Section 11.34 shall become the County Executive.
Whenever a County Executive is appointed or the Chair of the Board becomes County Executive because the Governor failed to appoint a County Executive as herein provided, the appointee shall hold office until the election and qualification of their successor. In such case, a successor shall be elected at the next general election, to fill the vacancy for the unexpired term, unless such term expires on the first Monday of December succeeding said election.
Section 11.36. Subject to State law, the County Executive shall be responsible for initiating, coordinating, and directing the County's activities and operations relating to emergency and disaster preparedness, response, and recovery, and shall be the designated operational area coordinator and the chair of the County's Emergency Management Council. Any ordinance adopted by the Board of Supervisors relating to the County's emergency and disaster preparedness, response, and recovery, and the exercise of the County's emergency powers shall be consistent with this Section.
Section 11.38. The County Executive shall, in coordination with the Board of Supervisors, limit implementation costs necessary to expand the membership of the Board of Supervisors from five to nine, to establish the positions of elected County Executive, Director of Budget and Management, County Legislative Analyst, and Ethics Compliance Officer, and to establish the Los Angeles County Ethics Commission, the Office of Ethics Compliance, the Governance Reform Task Force, and the Charter
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Review Commission, so that such implementation costs are funded with existing County funding sources and result in no additional costs to, or taxes imposed on taxpayers, with any implementation costs to be offset by cost savings, as determined through the annual County budgeting process.
Section 11.40. The County Executive shall have such additional powers and duties as may be prescribed by law or ordinance.
SECTION 11. Effective December 4, 2028, or as soon as the County Executive assumes office, Article III-C (beginning with Section 11.50) is added to the Charter of the County of Los Angeles to read as follows:
ARTICLE IIl-C
ORDINANCES, RESOLUTIONS AND BOARD ORDERS
Section 11.50. The enactment of an ordinance, or adoption of a resolution or Board order may be proposed by any member of the Board of Supervisors.
Section 11.52. An ordinance adopted by the Board of Supervisors is subject to the approval or veto by the County Executive except when such approval or veto is expressly made inapplicable by a provision of this Charter.
Section 11.54. A resolution adopted by the Board of Supervisors is subject to the approval or veto by the County Executive except when such approval or veto is expressly made inapplicable by a provision of this Charter.
Section 11.56. A Board order may be adopted by the Board of Supervisors.
Board orders do not require approval, nor are they subject to veto by the County Executive, except as otherwise provided in this Charter.
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Section 11.58. After an ordinance or resolution has been adopted by the Board of Supervisors, it shall be presented to the County Executive by the Clerk of the Board of Supervisors.
Section 11.60. Within five business days after the County Executive is presented an ordinance or resolution which the Board of Supervisors has designated an urgency measure and within twelve business days in all other cases, the County Executive shall either approve the ordinance or resolution by signing it and returning it to the Clerk of the Board of Supervisors or the County Executive shall disapprove and veto the ordinance or resolution and return the ordinance or resolution to the Clerk of the Board of Supervisors with the County Executive’s written objections thereto. The failure of the County Executive to return an ordinance or resolution to the Clerk of the Board of Supervisors within the time limits herein specified shall constitute their approval thereof and the ordinance or resolution shall take effect without the signature of the County Executive, the Clerk of the Board of Supervisors making note of such fact on the official copy of the ordinance or resolution.
When the County Executive has been out of the County for a period of ten business days, the power of the County Executive to veto an ordinance or resolution shall devolve on the Chair of the Board. When the County Executive is out of the County, the Chair of the Board may immediately approve or veto an urgency ordinance or resolution necessary to protect the public health and safety.
Section 11.62. The County Executive may veto or reduce one or more appropriation items in an ordinance or resolution and approve the remainder of such
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ordinance or resolution. In such case, the County Executive shall return the ordinance or resolution to the Clerk of the Board of Supervisors with their written objections to the appropriation items therein which the County Executive vetoed or reduced.
Section 11.64. When the County Executive has vetoed an ordinance or resolution or appropriation item or has reduced an appropriation item, the Board of Supervisors may reconsider the same. If, after such reconsideration, two-thirds of its members vote in favor of the passage thereof, within thirty days after it is returned to the Clerk of the Board of Supervisors, the ordinance, resolution, or appropriation item shall become effective, notwithstanding the prior veto or the reduction of the appropriation item. If by law a larger than two-thirds vote by the Board of Supervisors is required for the adoption of a particular ordinance or resolution, such larger vote shall also be required to overcome the veto or appropriation item reduction by the County Executive.
When an ordinance, resolution or appropriation item becomes effective pursuant to this Section, the Clerk of the Board of Supervisors shall make note thereof on the official copy of the ordinance or resolution.
Section 11.65. Except as otherwise provided or required by law or in this Charter, the contracting authority of the County shall be exercised by the Board of Supervisors by Board order with the concurrence of the County Executive. The Board of Supervisors may delegate contracting authority to the County Executive as necessary to carry out the functions of the County Executive's office.
Section 11.66. By 2026, all items of business to be transacted or discussed at a regular meeting of the Board of Supervisors shall be on the posted agenda at least
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120 hours (five days) before the regular meeting, subject to exceptions permitted by, and in compliance with all other applicable requirements under, State law.
SECTION 12. Article III-D (beginning with Section 11.68) is added to the Charter of the County of Los Angeles to read as follows:
ARTICLE III-D
ETHICS AND CHARTER REVIEW
Section 11.68. The Los Angeles County Ethics Commission.
A. By 2026, there shall be an independent Los Angeles County Ethics Commission that shall have the powers, duties and responsibilities set forth in this Charter and provided by ordinance in the County Code. The Commission shall:
(1) Investigate allegations of misconduct by County officials; (2) Monitor and enforce laws in coordination with other agencies related to governmental ethics, including, but not limited to, campaign finance, conflicts of interest, lobbying, post-government employment, government contracts, and land use developer conflicts;
(3) Regularly review the County Code and make recommendations to the Board of Supervisors for updates regarding governmental ethics including, but not limited to, campaign finance, conflicts of interest, lobbying, post-government employment, government contracts, and land use developer conflicts; (4) Develop and/or implement additional updates and features to enable searchable public data portals related to governmental ethics, including, but not
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limited to, all lobbying activities such as registration, activity, contributions and expenditures, to be updated in real time, or as close to real time as practicable.
B. The Board of Supervisors, and the County Executive upon establishment of the office of County Executive, shall provide reasonable funding and staffing for the Commission.
Section 11.70. Office of Ethics Compliance.
By 2026, there shall be an Office of Ethics Compliance established to support the Los Angeles County Ethics Commission and to accomplish the Commission's duties and objectives. The Office of Ethics Compliance shall be led by an Ethics Compliance Officer, who shall perform duties as provided in this Charter and by ordinance in the County Code.
Section 11.72. The Board of Supervisors shall by ordinance prohibit former County officials, including a member of the Board of Supervisors, the Sheriff, the Assessor, the District Attorney, the County Executive and any County employee or member of a County board or commission required to file a statement of economic interests pursuant to the Political Reform Act of 1974, as amended, from engaging in direct communication with any County agency, for the purpose of attempting to influence any action or decision on any matter pending before that County agency on behalf of any person or entity, other than a government agency, for a minimum of two years after leaving County service.
Section 11.74. Governance Reform Task Force.
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The Board of Supervisors shall establish a Governance Reform Task Force, with representation from the County workforce, responsible for implementation of this Charter amendment upon adoption by the voters, including robust community and stakeholder outreach. The Governance Reform Task Force's role shall be advisory to the Board of Supervisors. The Governance Reform Task Force shall convene no later than 180 days after certification of the vote and provide recommendations to the Board of Supervisors within a reasonable timeframe in order to carry out the effects of the Charter amendment. The Government Reform Task Force shall disband upon completion of implementation no later than December 3, 2028, unless otherwise directed by the Board of Supervisors. Implementation efforts and recommendations by the Government Reform Task Force shall use existing County funding sources, and any implementation costs shall be offset by cost savings determined through the annual County budgeting process, with no additional costs to, or taxes imposed on taxpayers.
Section 11.76. Charter Review Commission.
A. By 2034, there shall be an advisory Charter Review Commission that shall have the duties and responsibilities set forth in this Charter and provided by ordinance in the County Code.
B. The Charter Review Commission shall meet, at a minimum, decennially to review Los Angeles County governance and the County Charter. The Commission shall make recommendations relating to County governance and the County Charter to the Board of Supervisors. Upon transmittal of the Commission's recommendations, the Board of Supervisors must place the recommendations on the Board of Supervisors'
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meeting agenda and vote on the recommendations by no later than 90 days after receipt.
SECTION 13. Article IV, Section 12 is hereby amended to read as follows:
Section 12.
The elective County officers other than members of the Board of Supervisors and the County Executive (starting in 2028) shall be: Sheriff, District Attorney and Assessor.
No person shall be elected and qualified for the office of Sheriff, District Attorney or Assessor if such a person has been elected or served in such office for three consecutive terms, commencing with a term of office which begins in December, 2002.
The limitation on terms shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the terms is less than one-half of the full term of office.
SECTION 14. Article IV, Section 14 is hereby amended to read as follows:
Section 14.
The appointive County officers shall be:
Auditor
Board of Education, Members of
Board of Law Library Trustees, Members of
Civil Service Commission, Members of
Clerk of the Board of Supervisors
Coroner
County Clerk
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County Counsel
Director of Budget and Management (starting in 2028)
Ethics Compliance Officer (starting in 2026)
Fish and Game Warden
Health Officer
Horticultural Commissioner
County Legislative Analyst (starting in 2028)
License Collector
Livestock Inspector
Probation Committee, Members of
Probation Officer
Public Administrator
Public Defender
Purchasing Agent
Recorder
Registrar of Voters
Road Commissioner
Superintendent of Schools
Surveyor
Tax Collector
Treasurer
Director of Hospitals
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Director of Public Social Services
Director of Adoptions
Director of Personnel
Such other officers as may hereafter be provided by law shall also be appointive.
The treasurer shall be ex officio Tax Collector and License Collector.
The Coroner shall be a physician who is a certified pathologist.
SECTION 15. Article IV, Section 16 is hereby amended to read as follows:
Section 16.
Except as otherwise expressly provided in this Charter, Wwhenever a vacancy occurs in an elective County office other than a member of the Board of Supervisors, the Board shall fill such vacancy, and the appointee shall hold office until the election and qualification of histheir successor. In such case, there shall be elected at the next general election an officer to fill such vacancy for the unexpired term, unless such term expires on the first Monday in December succeeding said election.
SECTION 16. Article IV, Section 17 is hereby added to the Charter of the County of Los Angeles to read as follows:
Section 17.
A. The Board of Supervisors shall have the authority to suspend from office, an elective County officer, including a member of the Board of Supervisors, with or without pay, after the elective County Officer has been criminally charged with a felony related to a violation of official duties. Suspension may be made by the Board only after the elective County officer has been:
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(1) Served with a written statement of the alleged grounds for suspension; and
(2) Provided a reasonable opportunity to be publicly heard in their own defense.
B. The Board of Supervisors may provide for procedures by which a suspension proceeding pursuant to this Section shall be conducted.
C. This Section shall not be applied to interfere with the independent and constitutionally and statutorily designated investigative function of a Sheriff or the investigative and prosecutorial function of a District Attorney.
SECTION 17. Effective December 4, 2028, or as soon as the County Executive assumes office Article VI, Section 21 is hereby amended to read as follows:
Section 21. The County Counsele shall represent and advise the Board of Supervisors, the County Executive, and all County township and school district officers, in all matters and questions of law pertaining to their duties, and shall have exclusive charge and control of all civil actions and proceedings in which the County, or any officer thereof, is concerned or is a party. The County CounselHe shall also act as attorney for the Public Administrator in the matter of all estates in which such office is executor, administrator with the will annexed, or administrator, and the County Counsel shall, in every such matter, collect the attorney’s fees allowed therein by law and pay the same into the County Treasury. The Board of Supervisors may authorize the County Counsel to file or dispose of suits or proceedings on behalf of the County with
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the concurrence of the County Executive. If the County Executive does not concur, disposition shall be by two-thirds majority vote of the Board of Supervisors.
SECTION 18. Article VI, Section 25-1/3 is hereby added to the Charter of the County of Los Angeles to read as follows:
Section 25-1/3.
Notwithstanding any provision to the contrary in Sections 22, 22-1/4, 22-1/2, 22- 3/4, 23, 24, 24-1/3, 24-2/3, 27 or any other provision of this Charter, the head of each department, except the Sheriff, District Attorney, Assessor, County Legislative Analyst and Clerk of the Board, shall report to and be under the general supervision and direction of the County Executive pursuant to Article III-B of this Charter.
SECTION 19. Article VI, Section 25-2/3 is hereby added to the Charter of the County of Los Angeles to read as follows:
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Section 25-2/3.
The head of each County department and agency shall present their requested budget at a public meeting of the Board of Supervisors, prior to adoption of the annual County budget.
SECTION 20. Article IX, Section 32 is hereby amended to read as follows:
Section 32.
Director of Personnel.
The Board of Supervisors shall appoint the Director of Personnel who shall under the general direction of the Board of Supervisors, administer the Civil Service system in accordance with the provisions of this Charter and the Civil Service Rules. The Director of Personnel shall, under the direction of the Board of Supervisors, perform such other duties as may be prescribed by said Board pursuant to the provisions of Section 22¾ hereof. The Director of Personnel shall appoint all assistants, deputies, and other persons in the department.
This Section shall remain in effect until December 4, 2028 or until the County Executive assumes office and as of that date, is inoperative.
Section 32.
Director of Personnel.
The Board of Supervisors County Executive shall appoint the Director of Personnel, subject to confirmation by the Board of Supervisors, who shall under the general direction of the Board of SupervisorsCounty Executive, administer the Civil Service system in accordance with the provisions of this Charter and the Civil Service
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Rules. The Director of Personnel shall, under the direction of the Board of SupervisorsCounty Executive, perform such other duties as may be prescribed by said Board pursuant to the provisions of Section 22¾ hereof. The Director of Personnel shall appoint all assistants, deputies, and other persons in the department.the County Executive.
This Section shall become operative on December 4, 2028 or as soon as the County Executive assumes office.
SECTION 21. Article IX, Section 33 is hereby amended to read as follows:
Section 33.
The Civil Service of the County is hereby divided into the unclassified and the classified service.
The unclassified service shall comprise:
All officers elected by the people.
Members of all commissions, committees and boards created by this Charter, statute or ordinance.
All heads of County agencies and departments. In the office of the District Attorney: The Chief and one other deputy, Bureau Chiefs, Assistant Bureau Chiefs, Administrative Deputy-District Attorney, Chief Field Deputy, three Special Assistants, one secretary, and three detectives; and special counsel and special detectives for temporary employment.
In the office of the Sheriff: The Undersheriff, or Chief Deputy, one Executive Assistant, one Executive Secretary, three Field Deputies, three Assistant
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Sheriffs, one of whom may be non-sworn and may be appointed from outside the office of the Sheriff, and twelve Division Chiefs, two of whom may be non-sworn and may be appointed from outside the office of the Sheriff. In the office of the Assessor: The Chief Deputy, one Assistant Assessor, one Executive Secretary, three Special Assistants, and four Directors.
Superintendents, principals and teachers in the school system.
All officers and other persons serving the County without compensation.
In the office of each Supervisor: All Deputies. Some or all of these Deputies may by ordinance be given a job title other than Deputy.
In each County agency and department: The positions, if any, of Chief Deputies, and of assistants or deputies next in line of authority to Chief Deputies.
In the Office of the County Executive: All Deputies. Some or all of these positions may, by ordinance, be given a job title other than Deputy.
The classified service shall include all other positions now existing or hereafter created.
SECTION 22. Article IX, Section 33.5 is hereby repealed in its entirety.
SECTION 23. Article XII, Section 52 is hereby amended to read as follows:
Section 52.
The compensation of an elective County or township officer shall not be increased nor diminished, unless suspended pursuant to Article XI, Section 17 of this Charter, during the term for which hethey waswere elected, nor within ninety days preceding histheir election provided, however, that the Board of Supervisors may adopt an ordinance thirty or more days preceding the election increasing or
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diminishing the salary of an elective office upon taking office of a new officer who was not the holder of the office during the immediately preceding term. Whenever the Board of Supervisors fills a vacancy pursuant to Section 16 of this Charter, the compensation of the office may be increased or diminished by an ordinance adopted prior to the appointment of the new officer.
SECTION 24. Legal Effect of Inoperative Provisions.
In the event that the amendment to the Charter of the County of Los Angeles contained in this measure is rendered inoperative because of the actions of any court, legislative or other body, or for any other reason, the provisions of the County Charter in effect on November 5, 2024, will remain in full force and effect.
SECTION 25. Legal Effect of Invalid Provisions.
If any section, subsection, subdivision, paragraph, sentence, clause, phrase, or word of this proposition is for any reason held to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or words of the Los Angeles County Charter. The voters of the County declare that they would have independently adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase, or word of this measure irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or words are declared invalid or unenforceable.
SECTION 26. Consolidation.
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The special election will be consolidated with the Presidential general election to be held on Tuesday, November 5, 2024. The measure will be placed on the same ballot as that provided for the general election. The precincts, polling places or vote centers, and precinct board members will be the same as provided for the Statewide general election.
SECTION 27. Proclamation.
Pursuant to section 12001 of the Elections Code, the Board of Supervisors of the County hereby PROCLAIMS that a special Countywide election will be held on Tuesday, November 5, 2024, to vote upon the Charter amendment described in Section 2 of this ordinance.
SECTION 28. Effective Date.
Pursuant to section 9141 of the Elections Code and section 25123 of the Government Code, this ordinance will take effect upon the adoption thereof.
SECTION 29. Authority.
This ordinance is adopted pursuant to sections 23720, 23730, and 23731 of the Government Code, and sections 9141, 10402, 10403, and 12001 of the Elections Code.
SECTION 30. Publication.
This ordinance must be published once before the expiration of fifteen days after its passage in a daily newspaper of general circulation, printed, published, and circulated in the County pursuant to section 25124 of the Government Code.
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The Executive Officer of the Board of Supervisors is ordered to file a copy of this ordinance with the Los Angeles County Registrar-Recorder/County Clerk at least eightyeight days prior to the day of the election. [CHARTAMENDART1ECCC]
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Report
City Council Meeting: September 24, 2024
Agenda Item: 16.C
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To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request by Vice-Mayor Lana Negrete and Councilmember Christine Parra that the City Council allocate up to $2,500 from the Council Discretionary Fund to pay for programming at the Roll @ Santa Monica through its scheduled closure on October 14, 2024.
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:
A. Discretionary Funds as of 9.19.24
16.C
Packet Pg. 865
Council Discretionary Funds
As of 9/19/24
FY 2023-24 - Status of Unspent Funds
Description Amount Notes
Unspent, committed funds from prior year $ 8,578.66 programmed but not spent yet Santa Monica Pony League to repair scoreboard at Los Amigos Park $ (5,000.00) Support City's public libraries (2,986.19)
Total FY 2023-24 unspent, uncommitted funds $ 592.47 Not needed for hosting Sister City Mazatlan FY 2024-25 - New Appropriation and allocations
Description Amount Programmed Date
FY 2024-25 - New Appropriation 127,653.00 Budget Adoption FY 2024-25, 6/25/24 Reappropriation of unused travel funds to Council discretionary funds 7,963.33 Council meeting, 6/27/23, Item 16C Ocean Park Association for Annual 4th of July Parade (15,000.00) Budget Adoption FY 2024-25, 6/25/24 Business Improvement District (BID) Annual Support (29,000.00) Budget Adoption FY 2024-25, 6/25/24 Pico Youth and Family Center (PYFC) Car Show (6,000.00) Budget Adoption FY 2024-25, 6/25/24 Westside Coalition for Martin Luther King, Jr. Celebration (9,000.00) Budget Adoption FY 2024-25, 6/25/24 Santa Monica High School Grad Nite (20,000.00) Budget Adoption FY 2024-25, 6/25/24 Provide funds to assist in covering Samohi Latino Graduation event expenses (6,000.00) Budget Adoption FY 2024-25, 6/25/24
Provide funds to cover costs of the Memorial Day event (5,000.00) Budget Adoption FY 2024-25, 6/25/24 Sponsor Pride activities throughout the City (10,000.00) Budget Adoption FY 2024-25, 6/25/24 Total Programmed $ 35,616.33
Unprogrammed Balance Available $ 36,208.80
9/19/2024
16.C.a
Packet Pg. 866 Attachment: Discretionary Funds as of 9.19.24 (6664 : Support Roll @ Santa Monica)