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HomeMy Public PortalAbout11) 10C_PLHA Staff ReportMANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: October 5, 2021 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Tinny Chan, Management Analyst SUBJECT: PERMANENT LOCAL HOUSING ALLOCATION PROGRAM RECOMMENDATION: The City Council is requested to discuss and provide direction on how the City should appropriate its Permanent Local Housing Allocation funding for Fiscal Year 2021-22. BACKGROUND: 1.On September 2017, the California Legislature passed Senate Bill (SB) 2 (Building Homes and Jobs Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing. To administer the funds, the State created the Permanent Local Housing Allocation (PLHA) program, to be administered by the California Department of Housing and Community Development (HCD) via Los Angeles County Development Authority (LACDA). The five-year PLHA program is meant to provide a source of funding for cities and counties to help meet the unmet need for affordable housing and increase supply of affordable housing. 2.On October 6, 2020, the City Council passed Resolution 20-5492 (see Attachment “A”) to use the City’s PLHA funding for accessibility modifications in lower-income owner-occupied housing for its Year 1 allocation of $124,815. To date, the City has not received the funding from the LACDA for its Year 1 allocation. LACDA has delayed disbursement of PLHA due to delayed communication from the State, as well as needing to amend its own Five-Year PLHA plan. 3.On April 6, 2021, the City Council voted in favor of joining the San Gabriel Valley Housing Trust (SGVRHT) as an affiliate member during Fiscal Year 2021-22. The one-time joining fee as an affiliate member was $3,000 with an annual membership fee of $3,027 for each year thereafter. At the time, it was understood that the annual membership fee of $3,027 could be paid using PLHA funds with no further contribution required. The City would have taken funds from its Year 2 PLHA to AGENDA ITEM 10.C. City Council October 5, 2021 Page 2 of 4 pay the annual administrative fee. See Attachment “B” for the staff report. 4.On May 13, 2021, the LACDA issued a letter asking for cities to submit their Council decisions for Year 2 PLHA funding (See Attachment “C”). Temple City’s PLHA funding for Year 2 is $194,001. It was communicated that Year 1 and Year 2 allocations would be disbursed together and that another Council resolution needed to be passed, regardless of whether the city previously submitted a resolution for Year 1. When staff communicated to the LACDA that the City wished to use a portion of its PLHA funding for SGVRHT administrative fees, LACDA informed the City that in order to use its PLHA allocation on administrative fees for joining the Housing Trust, the City would have to allocate at least $30,270 of PLHA funds to the Trust (up to 10 percent of the funds allocated to the SGVRHT can be used for covering the administrative fees). 5.On September 20, 2021, the Homelessness Standing Committee reviewed the City’s Year 1 and Year 2 PLHA funding and recommended the item be brought to City Council for a decision. ANALYSIS: The City of Temple City will be receiving a total of $318,810 for both Year 1 and 2 of the PLHA program. LACDA will require the City to pass resolutions in regards to which eligible activity the City chooses to use its PLHA funds on. Previously, the City Council discussed using Year 1 PLHA funds between the following options: ●Establishing a loan or grant program to create up to 12 affordable junior accessory dwelling units. ●Accessibility modifications in lower-income owner-occupied housing. Council ultimately voted on using first-year PLHA funding on the latter option due to the following reasons: ●The PLHA eligibility requirements for the junior accessory dwelling units were not flexible; additionally, ●There is a strong demand for the City’s Handyworker Grant and Housing Rehabilitation Programs which indicated a demand, and that this existing program would benefit from additional PLHA funding. When the discussion to join the Housing Trust was presented to Council in April 2021, staff had informed Council that the annual administrative fee could be fully funded using PLHA. However, after further clarification from LACDA, this could only be done if the City matched PLHA funds to the SGVRHT. Tonight’s discussion would be for Council to discuss how the City should utilize the City’s Year 1 and 2 PLHA funds. City Council October 5, 2021 Page 3 of 4 The City Council could consider supporting the following activities: ●Accessibility modifications in lower-income owner-occupied housing. ○This is the activity Council passed a Resolution to spend its funding on for Year 1. ○This would allow for more additional funds along with the existing allocation of CDBG funds of $80,000 to be used for the City's existing handworker grant and home rehabilitation grant programs. There is a consistent demand and interest from residents with the existing program. ○As this program already exists, there would not be a need to create a new program or to establish any new city policies for this. ●Allocate funding to the SGVRHT, to assist the Trust in its objectives to create more affordable housing in the San Gabriel Valley. ○This option supports the City and the overall region in its affordable housing goals. ○This option aligns with action steps and goals outlined in the City’s Homeless Plan, specifically Goal D to “continue to participate in regional and countywide homelessness prevention and response planning and coordination activities”, with specific mention to utilize and allocate PLHA funds to the SGVRHT for Fiscal Year 2021-22. ○10% of an affiliate member’s PLHA allocation to the SGVRHT may be applied to cover affiliate fee, up to 100% of the affiliate fee. In the case of Temple City, a PLHA allocation of $30,270 would allow the City to use PLHA to cover its full affiliate fee of $3,027. Remaining funds will be used as capital for affordable and emergency housing. An additional $3,000 in PLHA could be used for the joining fee, which is not subject to the 10% allocation rule. The City Council could consider using the City’s PLHA funding for both activities described above, with $288,540 allocated to expanding the City’s Housing Rehabilitation Programs and $30,270 to the SGVRHT. Year 1 Year 2 Accessibility modifications in lower-income owner- occupied housing $124,815 $163,731 SGVRHT $0 $30,270 City Council October 5, 2021 Page 4 of 4 Total $124,815 $194,001 If the Council wishes to join the SGVRHT as a full member, the cost of the membership would be $18,000 for the first year, and $15,000 for subsequent years. For full members, 10 percent of the City’s PLHA allocation could cover up to 50 percent of the administrative fees. The annual PLHA contribution to the SGVRHT would have to be at least $75,000 to cover 50 percent of the administrative fees and the remaining $7,500 will need to come out of the City’s General Fund. Joining as a full member in Fiscal Year 2021-22 will leave a balance of $119,001 for the City’s selected program. Please note that the City’s annual PLHA fund will fluctuate from year to year, depending on the State’s real estate activity. Once Council makes a decision on how to use its PLHA funding, staff will send a resolution, to be placed at a subsequent meeting to the LACDA on how the City would like to use its allocation. Once approved by the State, the LACDA will send an agreement to the City and funds will be released thereafter. LACDA has not given a definitive date on when PLHA funds will be disbursed. The City will have an option to change its funding allocation each fiscal year, with City Council approval. CITY STRATEGIC GOALS: Actions contained in this report align with Council’s Strategic Goal of quality of life and good governance. FISCAL IMPACT: Temple City will be allocated $124,815 for the first year of the PLHA program and $194,001 for the second year of the PLHA program. The City would receive a total of $318,810. Depending on the Council's decision on how to use this funding, there will be different fiscal impacts. ATTACHMENTS: A.October 6, 2020 Staff Report B.April 6, 2021 Staff Report C.Letter from LACDA MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: October 6, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Brian Haworth, Assistant to the City Manager Via: Scott Reimers, Interim Community Development Director By: Tinny Chan, Management Analyst SUBJECT: PERMANENT LOCAL HOUSING ALLOCATION FUNDING RECOMMENDATION: The City Council is requested to: 1. Provide direction on how the City should appropriate its Permanent Local Housing Allocation (PLHA) funding for fiscal year 2020-2021; and 2. Approve Resolution No. 20-5492, should Council direct staff to use PLHA funding for eligible, city-specific initiatives (Attachment “A”). BACKGROUND: 1.On Sept. 29, 2017, Governor Jerry Brown signed SB 2, the Building Homes and Jobs Act. The law established a permanent funding source—otherwise known as Permanent Local Housing Allocation (PLHA) funding—to increase the state’s supply of affordable housing. This was done by imposing a $75 recording fee on real estate documents. 2.On Feb. 26, 2020, the state’s Housing and Community Development Department announced that the County of Los Angeles would receive over $11 million in PLHA funding for fiscal year 2020-2021. Of this amount, the City would receive its first formula-based grant of $124,815. Subsequent fiscal year allocations will fluctuate based on the local real estate market. 3.On June 17, 2020, the Los Angeles County Development Authority (LACDA)—as the funding administrator—held a teleconference with local cities to introduce the new funding source. A proposal was also unveiled for this year’s countywide allocation of ATTACHMENT A City Council October 6, 2020 Page 2 of 3 $11 million (in PLHA funds) for the LACDA’s Expanded Eviction Defense Program. Funds would support the tenant outfall of the current pandemic, i.e., limited and full scope legal representation, short-term rental assistance, case management, and “know-your-rights” workshops (Attachment “B”, pg. 4). 4.On June 26, 2020, it was confirmed that local cities could determine how to use its PLHA funding for eligible activities (Attachments “C” and “D”) rather than appropriating funding to the LACDA’s recommended eviction defense program. Once Council makes a decision on how to use this year’s allocation, staff must notify the LACDA of the City’s proposed funding activities—via resolution—no later than October 15, 2020. Funds would then be released in late-December with programs to start in January 2021. ANALYSIS: Tonight’s discussion centers on two questions: 1.Does Council wish to use this fiscal year’s PLHA funding on the LACDA’s Expanded Eviction Defense Program; or 2.Does Council wish to use this fiscal year’s PLHA funding on other eligible activities that better support local housing policies (e.g., RHNA, General Plan)? Should Council pursue the first option, no other action is needed. However, if Council wishes to pursue the second option, the attached matrix identifies eligible and city-specific initiatives for consideration (Attachment “E”). Staff will provide a presentation of the matrix, which identifies six eligible activities. The matrix details each activity's pros and cons and determines how they can further city policies. Staff Recommendations: 1.While the LACDA is encouraging local cities to allocate its PLHA funds to their Expanded Eviction Defense Program, staff does not recommend this because: •There is no quantifiable way to show that the City’s PLHA funds will directly help Temple City residents; and •There are more efficient ways to use the City’s PHLA funds that better align with local housing policies. Council may wish to consider funding the Expanded Eviction Defense Program next year, especially if this need is identified in the City’s soon-to-be-completed Homeless City Council October 6, 2020 Page 3 of 3 Plan. 2.Staff recommends using this year’s PLHA funding on Matrix Activity No. 2, which establishes a loan or grant program to create up to 12 affordable junior accessory dwelling units. The initiative also: •Helps the City meet its regional housing needs assessment (RHNA) goals; and •Is consistent with strategies identified in the General Plan to reduce impacts on single-family neighborhoods. As an alternative recommendation, Council is encouraged to consider Matrix Activity No. 5, which funds accessibility modifications in lower-income, owner- occupied housing. While it does not help the City meet its RHNA goals, it would: •Provide additional funding for the City’s existing handyworker and home rehabilitation grant program, which has a large waiting list; and •Yield an additional 12 handyworker grants or three housing rehabilitation loans for this fiscal year. CITY STRATEGIC GOALS: Actions contained in this report align with the following strategic goals: quality of life and good governance. FISCAL IMPACT: Annual funding is limited to a five-percent administration fee. For this fiscal year, that amount is $6,240.75. The use of subsequent year funding allocations will require Council review and approval. ATTACHMENTS: A.Resolution No. 20-5492 B.Expanded Eviction Defense Program C.Confirmation Letter D.Eligible PLHA Funding Activities E.Matrix of Eligible and City-Specific Initiatives RESOLUTION 20-5492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY PERMANENT LOCAL HOUSING ALLOCATION PROGRAM BY AUTHORIZING THE MAYOR (OR DESIGNEE) TO SIGN A CONTRACT FOR FUNDING FOR THIS PROGRAM FROM THE COUNTY OF LOS ANGELES WHEREAS, Senate Bill 2, enacted in 2017 and codified in Government Code section 27388.1 and Health and Safety Cody section 50470, provided a funding source (Permanent Local Housing Allocation) to all local governments in California to help cities and counties implement plans to increase the affordable housing stock; and WHEREAS, as a result, the City of Temple City will receive $124,815 for fiscal year 2020-2021; and WHEREAS, the City of Temple City would be able to use these funds (PLHA funds) for certain eligible activities defined by the California Department of Housing and Community Development; and WHEREAS, the PHLA funds would be administered by the Los Angeles County Development Authority; and WHEREAS, the City of Temple City desires to participate in the Los Angeles Urban County Permanent Local Housing Allocation (PLHA) Program for the period beginning January 2021; and WHEREAS, the City authorizes the execution of a contract with the County of Los Angeles to receive said PLHA funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temple City as follows: SECTION 1. The City Council approves eligible, city-specific initiatives to be implemented using PLHA funds for fiscal year 2020-2021, which are identified in Exhibit 1. SECTION 2. The City Council authorizes the Mayor (or designee) to execute any and all documents necessary for participation in the Los Angeles Urban County PLHA Program on behalf of the City of Temple City. SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council SECTION 3. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED on this 6th day of October, 2020. Tom Chavez, Mayor DRA F T Resolution No. 20-5492 Page 2 of 2 I hereby certify that the foregoing Resolution was adopted by the City Council of the City of Temple City at a meeting held on the 6th of October, 2020, by the following vote: ATTEST:APPROVED AS TO FORM: Peggy Kuo, City Clerk Gregory Murphy, City Attorney YES:Councilmember- NO:Councilmember- ABSENT:Councilmember- ABSTAIN:Councilmember- ATTEST: Peggy Kuo, City ClerkDRA F T Resolution No. 20-5492 Page 2 of 2 PROPOSED ACTIVITY OR ACTIVITIES FOR THE STATE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM City Name ________________________ Date _________________ Name and Descrip2on of the Eligible Ac2vity or Ac2vi2es the City would like to Implement Using PLHA funds: Budget (s) Proposed for Ac2vity or Ac2vi2es: Per2nent Facts and Informa2on about the Priority Need for this Ac2vity or Ac2vi2es in your City: SubmiJed to LACDA By: _________________________ Date: ___________________ Title: _________________________________________ DRA F T 1 Permanent Housing Local Allocation Plan 2019-2023 302 (c)(4) Plan Eligible Applicant Type Entitlement Local Government Recipient of PLHA Formula Allocation County of Los Angeles Approximate PLHA Formula Allocation Amount $11,025,126 Approximate PLHA Formula Five-Year Allocation Amount $66,150,756 §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. The County of Los Angeles will use PLHA formula allocation funds to deliver homelessness prevention services under its Expanded Eviction Defense Program (EDP), to be launched in the last quarter of calendar year 2020: 1) limited and full scope legal representation; 2) short- term (90 day) rental assistance; 3) program navigation and case management; and 4) tenant legal clinics/"Know-Your-Rights" workshops. The primary goal of the County’s EDP is to provide low-income renters making up to 30% of the Area Median Income (AMI) and at-risk of becoming homeless due to a pending eviction case with free services and resources to aid them in maintaining and stabilizing their rental housing before, during, and after undergoing formal eviction proceedings—and thus, preventing the multitude of negative outcomes associated with evictions and disruptive displacements. PLHA funds would be used to provide free comprehensive legal services, case management, and short-term rental assistance to ensure low-income renters have the resources at their disposal to stabilize their housing and avoid becoming homeless due to a financial hardship. In addition, PLHA funds would be used to provide tenant/legal education to communities that are at high risk for displacement due to the number of low-income and rent burdened households, among other key socio-economic indicators for tenant vulnerability. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). The County of Los Angeles will prioritize investments that increase the supply of housing for households with income at or below 60% of AMI by using PHLA funds to provide critical homelessness prevention services to low income households making up to 30% of the AMI. 2 §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element. The Plan is consistent with the programs set forth in the 2014-2021 Los Angeles County Housing Element because it aligns with and supports three key policies that drive several of the programs outlined in the Housing Element: 1) provide financial assistance and ensure that necessary supportive services are provided to assist low and moderate income households and those with special needs to attain and maintain affordable housing (Policy 4.1); 2) enforce laws against illegal acts of housing discrimination (Policy 8.2); and 3) ensure collaboration among County departments and other agencies in the delivery of housing and related services (Policy 9.1). The County's EDP supports Policy 4.1 via its short-term rental assistance component that will provide up to three months of financial assistance to households that need aid to stabilize their housing; Policy 8.2 via limited scope and full scope legal representation that will be provided to low income renters undergoing an eviction case as a result of landlord intimidation or retaliation; and Policy 9.1 via collaborations with the Los Angeles County Development Authority and various community-based organizations and legal service providers to implementation the eligible activities that will be funded by the PLHA. Lastly, the County's Plan aligns with and complements the following programs set forth in the Housing Element: 1) Program 10, First 5 LA Supportive Housing for Homeless Families Fund; 2) Program 24, Fair Housing Program; and 3) Program 30, Housing Element Annual Report. §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. The County's proposed plan will dedicate 100% of allocated PLHA funds to implement two core components of the County's EDP: 1) legal services, which includes limited and full scope legal representation 2) short-term rental assistance 3) program navigation & case management 4) Tenant legal clinics/workshops 3 Proposed PLHA Activity 2019-2023 302(c)(4)(E) Pe r m a n e n t §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) n/a n/a n/a n/a n/a §302(c)(4)(E)(ii) Projected Number of Households Served 0 800 4800 4800 4800 §302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level n/a n/a n/a n/a n/a 30%30%30% Type of Activity for Persons Experiencing or At Risk of Homelessness Pe r m a n e n t Pe r m a n e n t Pe r m a n e n t §302(c)(4)(E)(ii) Area Median Income Level Served 30% §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 100%100%100%100% Funding Allocation Year 2019 2020 2021 2022 2023 15200 0 TOTAL 4 §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. September 10, 2019-L.A. County Board of Supervisors directs the Department of Consumer and Business Affairs (DCBA) to develop an implementation and evaluation plan for an Expanded Eviction Defense Program (EDP) March 4, 2020-Board of Supervisors declares State of Emergency in Los Angeles County due to the COVID-19 pandemic June 2020-DCBA, in partnership with non-profit legal service providers and community based organizations, to launch a countywide, 6-month Emergency Eviction Prevention Program in response to the COVID-19 emergency. This program will provide limited legal services, in addition to general and targeted tenant outreach and education, to address the immediate short-term needs of County residents during the COVID-19 emergency. This emergency program will fill a service gap while the long-term Expanded Eviction Defense Program ramps up for launch in November of 2020. November 2020-expected disbursement of PLHA funds November 2020-Begin year two delivery of PLHA funded activities, which include comprehensive legal services, including full scope legal representation, short-term rental assistance, case management/program navigation, and tenant clinics/workshops December 2020-Expiration of countywide Emergency Eviction Prevention Program. Residents in need of full scope legal services, rental assistance, and case management will be folded into the Expanded Eviction Defense Program. January 2021-Begin year three implementation PLHA funded EDP activities January 2022-Begin year four implementation of PLHA funded EDP activities January 2023-Begin year five implementation of the PLHA funded EDP activities December 2023-End of five-year PLHA funded EDP activities 111OSINOCOMMUNITY ECONOMIC LACDA Los Angeles County Development Authority June 26, 2020 Bryan Cook, City Manager City of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Dear Mr. Cook: PERMANENT LOCAL HOUSING ALLOCATION GRANT APPLICATION This letter has been prepared by the Los Angeles County Development Authority (LACDA) to announce our intention to apply for the California Department of Housing & Community Development's (HCD) Permanent Local Housing Allocation (PLHA) Grant. The PLHA Grant Program is funded by California State Property Transfer Fees (SB 2, 2017) and it is anticipated that it will be an annual program. Due to the impending deadlines, the LACDA is currently working to submit an application for the PLHA grant to the HCD on behalf of the County and its participating cities. It is estimated that the County will be allocating approximately $5,056,130 to participating cities through this program. Because of the limited timeline we have to submit the application and State PLHA Plan this upcoming fiscal year, the County has identified the activity to be funded as the Eviction Defense Program (EDP) to provide legal defense and eviction prevention resources for all eligible residents at risk of homelessness via methods including, but not limited to, rental assistance and supportive/case management services that allow people to obtain and retain housing. Should your City elect to utilize the grant funds for another eligible program or project (see Attachment A), the City will be expected to identify the program or project, in writing to the LACDA, no later than October 15, 2020, along with documentation of council approval. We will provide additional information on eligible projects in upcoming notifications to include sample documents for submission. We expect to receive funding in December 2020 and interested cities should be prepared to participate by January 2021. For information on what your City's allocation will be, please see the Attachment B. Note that the LACDA will retain all administration authority for planning, reporting, and monitoring purposes. If your City's program or project is deemed eligible, and once funds become available from the State of California, the LACDA will send an agreement to your City to be signed and returned before funds are released in January 2021. We estimate that that deadline to be approximately December 14, 2020 but will know more as we have more information from the State. The LACDA will need to amend the State PLHA Plan which requires the Board of Supervisors' approval prior to submission. We plan to do this by December 15, 2020 to include projects that were not previously identified. 0 0 700 West Main Street, Alhambra, CA 91801 Tel: (626) 262-4511 TDD: (626) 943-3898 cr) Iacda.org Acting Executive Director: Emilio Salas Commissioners: Hilda L. Solis, Mark Ridley -Thomas, Sheila Kuehl, Janice Hahn, Kathryn Barger Bryan Cook, City Manager June 26, 2020 Page 2 of 2 Estimated Deadlines: October 15, 2020 — Letter Identifying Program or Project due to the LACDA with Council Approval December 14, 2020 --- Signed Agreements due to the LACDA December 15, 2020 - Board of Supervisors' Approval of Amended Plan January 1, 2021 — PLHA Grant Agreement Start Date Should you have any questions or concerns, please contact Linda Jenkins at (626) 586-1765 or lindajenkins@lacda.org. lacda.org. Sincerely, DAVON BARBOUR, Director Community & Economic Development Division DB:LJ:HR:ob IOWA COMMONIGPPAIPESTIPLHA Letter of Inquiries Attachments c: Scott Reimers, Interim Community Development Director Adam Gulick, Associate Planner PERMANENT LOCAL HOUSING ALLOCATION (PLHA) LIST OF ELIGIBLE ACTIVITIES Eligible activities for the formula allocations are: 1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary operating subsidies. 2. The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120-percent of AMI, or 150- percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. 3. Matching portions of funds placed into Local or Regional Housing Trust Funds. 4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. 5. Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. 6. Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. A. This activity may include sub-awards to administrative entities as defined in HSC Section 50490(a)(1-3) that were awarded the CESH program or HEAP funds for rental assistance to continue assistance to these households. B. Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8225(b)(8). An applicant allocated funds for the new construction, rehabilitation, and preservation of permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b). 7. Accessibility modifications in lower-income owner-occupied housing. 8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. 9. Homeownership opportunities, including, but not limited to, down payment assistance. 10.Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects, or matching funds invested by a county in an affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing project. ATTACHMENT B Permanent Local Housing Allocation 2020 Total Urban County Entitlement $11,025,126 Less Administration (5%)$551,256 Total 2020-2021 to be Allocated $10,473,870 City Population 2015 Poverty 2015 Overcrwding 205 Factor Allocation AGOURA HILLS 20,697 1194 65 0.004345193 $45,511 ARCADIA 57,564 5486 735 0.017424818 $182,505 AVALON 3,777 539 313 0.002380354 $24,932 AZUSA 48,033 7569 1,758 0.023293918 $243,977 BELL 35,998 9947 2,394 0.027934862 $292,586 BELL GARDENS 42,842 11935 3,556 0.035962885 $376,671 BEVERLY HILLS 34,663 3100 317 0.009723729 $101,845 CALABASAS 24,075 1897 62 0.005785489 $60,596 CLAREMONT 35,762 2591 300 0.009000859 $94,274 COMMERCE 13,017 2052 724 0.007213434 $75,553 COVINA 48,587 5245 1,042 0.017183349 $179,976 CUDAHY 24,138 7527 1,922 0.021198893 $222,034 CULVER CITY 39,469 3491 803 0.012618399 $132,163 DIAMOND BAR 56,471 3919 322 0.013396981 $140,318 DUARTE 21,769 3313 535 0.009425774 $98,724 EL SEGUNDO 16,929 1224 208 0.004496691 $47,098 HAWAIIAN GARDENS 14,475 4426 806 0.011318428 $118,548 HIDDEN HILLS 1,557 76 2 0.000295148 $3,091 HERMOSA BEACH 19,747 783 79 0.003660287 $38,337 IRWINDALE 1,426 178 31 0.000542803 $5,685 LA CANADA-FLINTRIDGE 20526 518 129 0.003520497 $36,873 LA HABRA HEIGHTS 5,425 186 39 0.001023701 $10,722 LA MIRADA 49,182 3453 1,257 0.015277139 $160,011 LA PUENTE 40,496 5853 1,911 0.020385377 $213,514 LA VERNE 31,920 2576 352 0.008744464 $91,588 LAWNDALE 33,231 5915 1,639 0.018693836 $195,797 LOMITA 20,622 3009 479 0.008629249 $90,382 MALIBU 12,856 1339 95 0.003815106 $39,959 MANHATTAN BEACH 35,603 1416 90 0.006415414 $67,194 MAYWOOD 27,739 8284 2,405 0.024512447 $256,740 MONROVIA 37,164 3738 685 0.012315745 $128,994 RANCHO PALOS VERDES 42,464 1799 277 0.008437302 $88,371 ROLLING HILLS ESTS 8188 444 43 0.001738249 $18,206 SAN DIMAS 34,073 2283 223 0.008062317 $84,444 SAN FERNANDO 24,296 4563 947 0.013120635 $137,424 SAN GABRIEL 40,198 5492 1,402 0.017948713 $187,992 SAN MARINO 13,353 740 108 0.002996815 $31,388 SANTA FE SPRINGS 17,162 2153 660 0.007591641 $79,514 SIERRA MADRE 11,084 636 62 0.002420530 $25,352 SIGNAL HILL 11,332 2041 515 0.006251968 $65,482 SOUTH EL MONTE 20,483 4200 995 0.012318315 $129,020 SOUTH PASADENA 25,999 2025 319 0.007127353 $74,651 TEMPLE CITY 36,079 3414 745 0.011916778 $124,815 WALNUT 29,970 1999 223 0.007175079 $75,151 WEST HOLLYWOOD 35,332 5408 311 0.013320883 $139,521 WESTLAKE VILLAGE 8,471 512 16 0.001775713 $18,599 TOTAL PARTICIPATING CITIES 1,234,244 150,488 31,901 0.482737559 $5,056,130 Supervisorial Districts (Unincorporated Area only) * I.262483 52,187 13,007 0.156276164 $1,636,816 II.253210 64,961 12,653 0.173593546 $1,818,196 III.21,410 1,826 60 0.005377334 $56,321 IV.223783 24,416 6,599 0.086079046 $901,581 V.279396 31,613 4,587 0.095936351 $1,004,825 TOTAL DISTRICTS 1,040,282 175,002 36,907 0.517262441 $5,417,739 TOTAL ALLOCATIONS 2,274,526 325,490 68,808 100% $10,473,870 * Supervisorial District boundary updated after 2011 adopted reapportionment borders; the population numbers are based on 2011- 2015 ACS Data All Participating Cities $5,056,130 All Supervisorial Districts $5,417,739 County Administration $551,256 TOTAL URBAN COUNTY DISTRIBUTION $11,025,126 Permanent Local Housing Allocation Funds Possible Programs for Fiscal Year 2020-2021 ELIGIBLE ACTIVITY PROS CONS ALIGNMENT WITH LOCAL POLICIES STAFF RECOMMENDATION No. 1: The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is affordable to extremely low -, very low -, low -, or moderate-income households, including necessary operating subsidies. Can possibly be used to redevelop the former Chamber of Commerce site at 9050 E. Las Tunas Drive. May be expensive to fund. No previous Council direction on the site’s redevelopment. Future PLHA funding may be insufficient to make a project “pencil out.” This has not been included in the Housing Element’s list of existing programs. Not recommended. For Consideration: If Council wants to redevelop the property into affordable housing, it would be best to join San Gabriel Valley Regional Housing Trust. Participation would allow for the possible allocation of regional housing funds. No. 2: The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120-percent of AMI, or 150- percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. Is consistent with the General Plan’s strategy to reduce impacts on single-family neighborhoods. Would be a good way to increase affordable housing throughout the city. Helps with RHNA numbers. Could focus funding on low- to moderate-income seniors. Allows affordable housing to be spread out, instead of concentrated to one area. Staff-intensive; would require much Council policy to establish the program. Creates additional density in single-family zoned areas. Is consistent with the Housing Element, i.e., Category 2, Program 8: Second Unit Ordinance. Recommended. For Consideration: The City would need to hire a consultant to monitor affordability covenants. The program could possibly produce 8-12 net new junior ADU units with individual $10K-$15K grant/loans. ELIGIBLE ACTIVITY PROS CONS ALIGNMENT WITH LOCAL POLICIES STAFF RECOMMENDATION No. 3: Matching portions of funds placed into local or regional housing trust funds. N/A N/A This has not been included in the Housing Element’s list of existing programs. Not recommended. For Consideration: Council would need to first approve membership in the San Gabriel Valley Regional Housing Trust. A staff report outlining membership options and responsibilities will be presented on Nov. 3. No. 4: Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, p roviding rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. Funds can be used for homeless prevention initiatives and homeless plan strategies (e.g., case management, etc.). No existing guiding policy. Does not help with RHNA numbers. Is consistent with the Housing Element, i.e., Program 5: Rental Assistance (for Existing Cost Burdened Households). Not recommended. For Consideration: LACDA has created the Eviction Defense program. It would be more prudent to opt-in to their program rather than creating a program ourselves. Reconsider this as an option after the City’s Homeless Plan is adopted. No. 5: Accessibility modifications in lower-income, owner-occupied housing. Leverages the City’s existing CDBG handyworker grant program. Does not help with RHNA numbers. Is consistent with the Housing Element, i.e., Program 12: Reasonable Accommodation. Recommended alternative. For Consideration: There is a large waiting list for the City’s handyworker grant program; additional funding would help meet demand. ELIGIBLE ACTIVITY PROS CONS ALIGNMENT WITH LOCAL POLICIES STAFF RECOMMENDATION No. 6: Homeownership opportunities including, but not limited to, down payment assistance. Addresses the reality that it’s difficult for younger people (or young families) to buy homes in Temple City. Limited availability of loans/grants (acting as second mortgages) because of locally- high real estate prices. Is a staff intensive program, i.e., program development and the monitoring of affordability covenants. Does not help with RHNA numbers. Is consistent with the Housing Element, i.e., Program 6: Home Ownership Program for Lower-Income Households. Not recommended. For Consideration: This program is not the most efficient use of funds given it may only assist two or three households. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: April 6, 2021 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Tinny Chan, Management Analyst SUBJECT: SAN GABRIEL VALLEY REGIONAL HOUSING TRUST MEMBERSHIP RECOMMENDATION: The City Council is requested to: 1.Provide direction on whether the City of Temple City should become a member of the San Gabriel Valley Regional Trust, and if so; 2.Identify a desired membership level for the remaining fiscal year; and 3.Direct the City Manager to allocate available funding for membership fees. BACKGROUND: 1.In October 2019, Governor Newsom signed SB 751 to establish the San Gabriel Valley Regional Housing Trust (SGVHRT). Operating as a joint powers authority between local cities and the San Gabriel Valley Council of Governments (SGVCOG), the housing trust creates a mechanism that increases the region’s competitiveness to capture funding and financing for affordable housing activities (Attachment “A”). 2.In February 2020, the SGVHRT was established by 16 full-member and two affiliate- member cities. The collaborative operates under an appointed nine-member board; accomplishments to date include securing a $1.35 million grant for affordable housing projects, applying for funding under t he state’s housing trust fund, and initiating a strategic planning process (Attachment “B”). 3.In June 2020, the City began the development of its first-ever homelessness response plan. Sponsored by the SGVCOG, the initiative assesses existing conditions a nd needs, and formalizes a localized strategy that prevents homelessness and provides for affordable housing. ATTACHMENT B City Council April 6, 2021 Page 2 of 4 4.In March 2021, the City adopted its first City-based Homeless Plan, among its recommended strategies is to consider membership in the SGVRHT. ANALYSIS: Senate Bill 751 has enabled the creation of the SGVRHT which will finance affordable housing projects. The SGVRHT allows San Gabriel Valley cities to collaborate to bring additional affordable housing resources to the San Gabriel Valley region. Full Membership Full membership allows the City to receive funding for affordable housing projects. It also avails a council member to sit on the SGVRHT Board of Directors. While a full membership does not commit the City (or Council) to a quota for affordable housing projects, it does allow the City to leverage and identify funding that may not be available just to Temple City. For example, it can use allocated affordable housing funds from another participating city to financially package an affordable housing project in Temple City. It would also allow the City to access funding sources not typically available to municipalities, e.g., private grants and financing. The cost for full membership is $18,000 for the first year: a $3,000 joining fee and an annual administrative fee of $15,000. Membership can be withdrawn at the end of each fiscal year with proper notice. Attachment “C” identifies SGVRHT full-membership cities. Affiliate Membership The affiliate membership allows Council to show support for SGVRHT; however, it does not provide access to available funding sources or a seat on the Board of Directors. The cost for affiliate membership is $6,000 for the first year: a $3,000 joining fee and an annual administrative fee of $3,000. Currently, two cities in the area have affiliate memberships: San Gabriel and La Canada Flintridge. Staff would recommend that if the City Council were to consider membership, that the City consider affiliate membership since both the affordable housing crisis and homelessness have become regional issues that impact all cities in the San Gabriel Valley. City Council April 6, 2021 Page 3 of 4 The City’s participation in the SGVRHT is a recommended implementation measure of the recently adopted homeless plan. Additionally, affiliate membership may be of assistance as an implementation measure of the City’s upcoming Housing Element Update. Since there are currently no affordable housing projects that the City is currently considering, if in the future a project that met the City’s General Plan and Zoning requirements came before City, a transition to full membership could allow for the potential use of future funding to meet the needs and requirements of the City. Tonight’s discussion centers on two questions: Does Council elect to join the SGVHRT? If so, what membership level: full or affiliate? NEXT STEPS Should Council choose to become an affiliate member of the SGVRHT, the City Manager will send a letter of intent to join as an affiliate member. Should Council choose to become a full member of the SGVRHT, the City will need to enter into a Joint Powers of Exercise agreement (Attachment “A”) with the SGVRHT. CITY STRATEGIC GOALS: Recommended actions contained in this report align with the City Strategic Goals of Quality of Life and Good Governance. FISCAL IMPACT: Staff’s recommendation to pursue an affiliate membership level represents a $6,000 cost for this fiscal year, and $3,000 for each year thereafter. Should Council wish to pursue a full membership, it would cost $18,000 for this fiscal year, and $15,000 for each year thereafter. Funding should be appropriated from the unassigned General Fund balance. For Council’s consideration, starting next fiscal year 2021-22, the City may allocate a portion (up to 10%) of its Permanent Local Housing Authority funding to pay for up to 100% of the affiliate fee or 50% of the full membership fee. See Attachment “D”. City Council April 6, 2021 Page 4 of 4 ATTACHMENTS: A.Joint Powers Agreement B.SGVCOG Presentation C.Full-Membership Cities D.SGVRHT Staff Report on Permanent Local Housing Authority Funds 1471730.1 THE SAN GABRIEL VALLEY REGIONAL HOUSING TRUST_JOINT EXERCISE OF POWERS AGREEMENT THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is made this____ day of ______ 2020 (the "Effective Date"), by and between the public agencies listed in the attached Exhibit “A” (hereafter, individually, a “Party” and collectively, the "Parties"). RECITALS A.The Parties are authorized to take such actions that promote the public health, safety and welfare of residents. B.The Parties acknowledge that a shortage of affordable housing exists as a result of various causes. C.The Parties are committed to providing additional housing opportunities and reducing homelessness in a coordinated and comprehensive manner. D.The Parties acknowledge that an adequate supply of housing will provide social and economic benefits to residents and taxpayers of each Party. E.Each Party has the individual power to fund the planning and construction of affordable housing projects within its jurisdictional boundaries and to carry out all of the purposes of this Agreement. F.The Parties find it in their mutual interest to enter into this Agreement to provide a coordinated response to addressing shortages in workforce housing, affordable housing, and supportive housing in the San Gabriel Valley. G.California Government Code sections 6500 et seq. ("Joint Exercise of Powers Act" or "Act") permits two or more public agencies to create a joint powers authority for the purposes cited herein, and permits such agencies to exercise jointly any power that the public agencies could exercise separately. 1471730.1 H.California Government Code section 6539.6 authorizes the County of Los Angeles and any of the cities within the jurisdiction of the San Gabriel Valley Council of Governments to create a joint powers agency known as the San Gabriel Valley Regional Housing Trust ("SGVRHT"), which may do any of the following: 1.fund the planning and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing; 2.receive public and private financing and funds; and 3.authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by SGVRHT. I.The Parties are establishing the SGVRHT to promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of public and private funds, when available, to efficiently accelerate housing for homeless, low, very low and extremely low-income individuals and families. J.This Agreement shall not in any way be interpreted to limit any Party’s authority over land-use decisions within their respective jurisdictions, including, but not limited to, whether any project or program supported by SGVRHT is to be implemented within such Party’s jurisdiction. NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties agree as follows: Section 1. Creation and Purpose. a)Creation of SGVRHT. Pursuant to the Joint Exercise of Powers Act, including Section 6539.6 of the Government Code, there is hereby created a public entity to be known as the "San Gabriel Valley Regional Housing Trust." SGVRHT shall be a public entity separate and apart from the Parties, and shall administer this Agreement. 1471730.1 b) Purpose. This Agreement is made pursuant to the Joint Exercise of Powers Act for the purpose of creating SGVRHT as a public entity separate from the Parties to: (i) exercise common powers with respect to providing funding for the planning and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing; and (ii) receive public and private financing and funds. The purpose of this Agreement shall be accomplished and common powers exercised in the manner set forth in the Agreement. Nothing contained in this Agreement shall preclude any Party from establishing, maintaining or providing social programs or services to its respective residents as it deems proper and necessary. Section 2. Term and Termination. a) Term. This Agreement shall become effective, and SGVRHT shall come into existence, on the Effective Date, which date shall be the date upon which this Agreement has been approved by four eligible members, and this Agreement shall thereafter continue in full force and effect until terminated pursuant to subdivision (b) of this section. b) Termination. This Agreement may be terminated by agreement of a majority of the Parties, but shall remain in full force and effect until all bonds or SGVRHT liabilities have been paid. Upon such liabilities being paid, the assets of SGVRHT shall be distributed to the Parties in proportion to the contributions of each Party to SGVRHT and the amounts paid by, each Party in connection with SGVRHT's activities. Section 3. Powers and Duties of SGVRHT. a)General Powers. SGVRHT shall have all the powers common to the Parties to this Agreement necessary or convenient, specified or implied, to accomplish the purpose of this Agreement as set forth in Section 1, subject to the restrictions set forth in Section 3, subdivision (c) below. Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act, including without limitation all powers set forth in Government Code section 6539.6, and, except as expressly 1471730.1 set forth herein, subject only to such restrictions upon the manner of exercising such powers as are imposed upon the City of West Covina, a general city. b)Specific Powers. Without limiting the generality of the powers conferred in subdivision (a) of this Section 3, SGVRHT is hereby authorized, in its own name, to do all of the acts necessary or convenient to the accomplishment of the purposes of this Agreement and the full exercise of the powers conferred in subdivision (a) of this Section 3, including but not limited to the following: 1.to make and enter into contracts; 2.to contract for staff assistance, including, but not limited to, contracting with other public agencies; 3.to sue and be sued in its own name; 4.to apply for, accept, receive and disburse grants, loans and other aids from any Federal, State or local program that is related to the purposes of this Agreement; 5.to invest any money in the treasury pursuant to Section 6505.5 of the Joint Exercise of Powers Act that is not required for the immediate necessities of SGVRHT, as SGVRHT determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code; 6.to apply for letters of credit or other forms of financial guarantees in order to enter into agreements in connection therewith; 7. to incur and discharge debts, liabilities, and obligations, subject to the limitations provided in this Agreement and to the extent permitted under the law; 8. to issue and receive loans; 9.to engage the services of private consultants to render professional, financial and technical assistance and advice in carrying out the purposes of this Agreement; 10. to employ and compensate legal counsel, including bond counsel, determined appropriate by SGVRHT in the accomplishment of the purposes of this Agreement; 11. to contract for engineering, construction, architectural, accounting, 1471730.1 environmental, land use, or other services determined necessary or convenient by SGVRHT in connection with the accomplishment of the purposes of this Agreement; 12. for the purposes of enforcing affordable housing covenants or holding security interests for loans, to take title to, and transfer, sell by installment sale or otherwise, lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which SGVRHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement; 13. for the purposes of renting space for SGVRHT to operate, to lease to, and to lease from, a Party or any other person or entity lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and other interests in real or personal property which SGVRHT determines are necessary or convenient in connection with the accomplishment of the purposes of this Agreement; 14. to solicit charitable contributions from private sources; 15. to acquire, hold, or dispose of property, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities; 16. to partner with Parties on funding solicitations and other opportunities for the purposes set forth in this Agreement, including but not limited to jointly exercising powers with a Party pursuant to the Joint Exercise of Powers Act; 17. to the extent not herein specifically provided for, to exercise any powers in the manner and according to methods provided under the laws applicable to the SGVRHT; and 18. to carry out and enforce all the provisions of this Agreement in compliance with the Joint Exercise of Powers Act. c)Limitation on Powers. This Agreement does not authorize SGVRHT do any of the following: 1.regulate land use within the jurisdiction of any of the Parties; 1471730.1 2.levy, or advocate or incentivize the levying of, any land use exaction such as an impact fee, charge, dedication, reservation or tax assessment, as a condition of approving the funding for or approval of, a development project; 3.require inclusionary zoning requirements; 4.fund or otherwise approve an agreement for a housing project that is not supported by the Party within whose jurisdiction the project is proposed to be located; or 5.require the Parties to this Agreement to accept or provide any specific number of housing units as a prerequisite to joining or remaining a Party to this Agreement. Section 4. Members/Affiliates. a)Members. The members of SGVRHT shall be the Parties to this Agreement who have not withdrawn from SGVRHT, and such other entities that may join SGVRHT after execution of this Agreement. New members may join on the terms and conditions set forth in Section 10 hereof. Only the County of Los Angeles and cities within the jurisdiction of the San Gabriel Valley Council of Governments may become members of SGVRHT. b)Affiliates. Entities that are eligible to be a party to this Agreement may join the SGVRHT as an affiliate. Entities that join as an affiliate are not eligible to have a member of their governing board serve on the Board of Directors or receive funding for a project within their jurisdiction until such time, if ever, they become of a Party of SGVRHT. An eligible entity may become an affiliate through written notice from the executive officer of the entity, but shall not be a Party to this Agreement. Section 5. Board of Directors. a)Selection of Directors. The membership of the Board of Directors of SGVRHT shall be governed by Government Code section 6539.6 and as it may be amended. As currently provided therein, SGVRHT shall be governed by a Board of Directors selected by the San Gabriel Valley Council of 1471730.1 Governments Governing Board (“SGVCOG Board”) consisting of nine Directors selected as follows: 1. Seven Directors who are members of the SGVCOG Board that either represent: (i) a County of Los Angeles board of supervisor district that is located wholly or partially within the territory of the San Gabriel Valley Council of Governments, provided the County of Los Angeles is a Party to this Agreement; or (ii) a city that is a Party to this Agreement. 2.Two Directors that are experts in homeless or housing policy. 3.Alternates for each Director position may be established by the Board of Directors under bylaws adopted by the Board of Directors; provided that such alternates meet the requirements established in Government Code section 6539.6 and as it may be amended. b)Board Powers. Subject to the limitations of this Agreement and the laws of the State of California, the powers of SGVRHT shall be vested in and exercised by and its property controlled and its affairs conducted by the Board of Directors. c)Director Terms. At its first regular meeting following the Effective Date or at such other time as it determines, the SGVCOG Board shall select the Directors for the SGVRHT Board of Directors. Each Director shall serve a term of two years. At a regular SGVCOG Board meeting preceding the end of the Directors’ terms by at least 15 days, the SGVCOG Board shall select new Directors or re-select current Directors for the new terms of office. There is no limit on the number of terms a Director may serve. In the event of a vacancy on the Board of Directors, the SGVCOG Board shall appoint a replacement within 60 days of such vacancy who shall serve out the remainder of term of the Director that he or she has replaced. d)Advisory Board. The Board of Directors may appoint advisory boards that may include such persons as designated by the Board of Directors. The Board of Directors shall adopt bylaws that govern the appointment of advisory boards should it determine in its discretion to appoint such advisory boards. 1471730.1 e) Compensation. Directors shall serve without compensation but may be reimbursed for any expenses actually incurred in connection with serving as a Director; provided such expenses have been previously approved by the Board of Directors and incurred in accordance with any SGVRHT policies or procedures governing same. f)Meetings of the Board of Directors. 1.Call, Notice and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular, special meetings and adjourned special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code sections 54950 et seq. 2.Regular Meetings. Regular meetings of the Board of Directors shall be held at such dates and times as the Board of Directors may fix by resolution; a copy of such resolution shall be furnished to each Party hereto. If any day so fixed for a regular meeting shall fall upon a legal holiday, then such regular meeting shall be held on the next succeeding business day at the same hour, unless otherwise determined by the Board of Directors. No notice of any regular meeting of the Board of Directors need be given to the individual Directors. 3.Special Meetings. Special meetings of the Board of Directors shall be held whenever called by the Chairperson of the Board or by a majority of the Directors. Notices of all special meetings shall be provided to all Parties. 4. Quorum. A quorum is established if at least five (5) Directors are present at a meeting, except that less than a quorum may adjourn a meeting to another time and place or constitute a “committee of the whole” for purposes of hearing reports or other matters not requiring action by the Board of Directors. Unless otherwise provided in this Agreement, actions and decisions of the Board of Directors may be taken by a majority of the quorum present at any meeting. 1471730.1 5. Minutes. The Board of Directors shall cause minutes of all regular, adjourned regular, and special meetings to be kept and present same for approval by the Board of Directors. 6.Officers. The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors at the first meeting held in each calendar year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs or at a special meeting called for that purpose. In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson. The chairperson, or in the chairperson's absence, the vice chairperson, shall preside at and conduct all Board of Director meetings. 7.Rules and Regulations. The Board of Directors may adopt, from time to time, by resolution, such rules, regulations and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient. Section 6. Additional Officers and Employees a)Officers and Contract Staff. 1.SGVRHT may contract for officers and staff with a Party to this Agreement, the San Gabriel Valley Council of Governments or other independent contractors, agents, or volunteers as the Board of Directors may deem necessary to carry out any of SGVRHT's powers, upon such terms and conditions as the Board may require, including the retaining of professional and technical assistance, provided that adequate funds are available in SGVRHT's budget and are appropriated by SGVRHT therefore. 2.None of the officers, agents or staff, if any, directly contracted by SGVRHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by any Party. 3.If SGVRHT contracts with a Party to this Agreement to provide SGVRHT 1471730.1 with administrative services through persons who are employees and/or officers of the Party, then any retirement liabilities associated with that Party's employees and/or officers shall not constitute a liability of SGVRHT or any other Party to this Agreement. 4.All privileges and immunities from liability, exemptions from laws, ordinances and rules, and benefits that apply to officers, agents or employees of a member Party shall apply to the same extent when performing duties for SGVRHT. b)Treasurer and Auditor/Controller. Pursuant to Government Code Sections 6505.5 and 6505.6, the Board of Directors shall appoint an officer or employee of SGVRHT, the treasurer of a Party to this Agreement or a certified public accountant to hold the offices of treasurer and auditor for SGVRHT. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for SGVRHT required by Sections 6505, 6505.5 and 6505.6 of the Government Code, including any amendments thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer shall have charge of certain property of SGVRHT. The treasurer and auditor shall ensure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of SGVRHT. The treasurer and auditor of SGVRHT shall be required to file an official bond as required by Government Code section 6505.1 with the Board of Directors in an amount, which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of SGVRHT. c)Attorney. The Board of Directors shall have the power to appoint one or more legal advisors to SGVRHT who shall perform such duties as may be prescribed by the Board. Section 7. Financial Provisions a)Fiscal Year. The Fiscal Year of SGVRHT shall, unless and until changed by the 1471730.1 Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of SGVRHT shall commence on the effective date of this Agreement and end on the immediately following 30th day of June. b) Budget. 1.General Budget. Within one hundred and twenty days (120) after the first meeting of the Board of Directors, a general budget for the first fiscal year shall be adopted by the vote of a majority of the membership of the Board of Directors. 2.Expenditures for the Approved Budget. The payment of all SGVRHT obligations is limited to the amount of appropriations allowed in SGVRHT's approved budget, except as it may be revised with the approval of a majority of all of the Directors of the Board of Directors. c)Contributions by the Parties. 1.Administrative Cost Contributions. The Parties agree that they shall make annual contributions (“Administrative Fee”) towards the budgeted administrative costs of SGVRHT in accordance with a cost allocation formula as outlined below: Population Annual Administrative Fee Up to 30,000 $10,000 30,001 – 60,000 $15,000 60,001 – 100,000 $20,000 100,001 – 175,000 $25,000 County (per district) $25,000 Affiliate Membership Population Annual Administrative Fee Up to 30,000 $2,000 30,001 – 60,000 $3,000 60,001 – 100,000 $4,000 1471730.1 100,001 – 175,000 $5,000 The Administrative Fee and Affiliate Fee (collectively, “Fees”) shall be assessed annually. After the first fiscal year, the Fees shall increase annually in an amount equal to the U.S. Bureau of Labor Statistics consumer price index for the Los Angeles-Long Beach-Anaheim area for the 12-month period preceding the year the Fees are assessed. Payment of the Fees shall be due within 30 days of receipt of an invoice from the SGVRHT. The invoice shall indicate how the Fees were calculated. A Party's contribution to SGVRHT's administrative costs shall be in the form of money, unless the Board of Directors approves another form of contribution such as services, personal property or use of real or personal property, or other in- kind contributions. The acceptance and valuation of any such non-monetary contributions may be used to offset in whole or part a Party’s contribution as determined in the sole and absolute discretion of the Board of Directors. If a Party has received funding through the County Measure H Program and allocates that funding to support the start-up and operations of the SGVRHT, the funding will be credited towards the Party’s first year Administrative Fee only. Notwithstanding the above, after the first fiscal year the Board of Directors may establish Fees in an amount the Board of Directors deems financially prudent; provided it shall roughly be proportional as to each Party in the amounts reflected in the table above. 2.Program Cost Contributions. In addition to a Party’s annual Administrative Fee set forth above, the level of, and mechanism for involvement by SGVRHT or a Party to any particular programs and program budget, funded, sponsored or operated by SGVRHT, shall be determined and approved by the Board of Directors. d)Accounts and Reports. 1.Books and Records. There shall be strict accountability of all SGVRHT funds and accounts and report of all SGVRHT receipts and disbursements. 1471730.1 Without limiting the generality of the foregoing, SGVRHT shall establish and maintain such funds and accounts as may be required by good government accounting practice. The books and records of SGVRHT shall be open to inspection at all reasonable times by each Party and its duly authorized representatives. 2.Annual Audit. The person appointed by the Board of Directors to perform the auditor function for SGVRHT shall cause an annual independent audit of the accounts and records of SGVRHT and records to be made by a certified public accountant or firm of certified public accountants in accordance with Government Code section 6505. Such audits shall be delivered to each Party and shall be made available to the public. 3.Annual Financial Report. Pursuant to section 6539.6 of the Government Code, SGVRHT shall publish an Annual Financial Report that shall describe the funds received by SGVRHT and the use of such funds by SGVRHT. The Annual Financial Report shall describe how the funds received by SGVRHT have furthered the purpose of SGVRHT. e) Funds. Subject to the applicable provisions of any instrument or agreement which SGVRHT may enter into, which may provide for a trustee or other fiscal agent to receive, have custody of and disburse SGVRHT funds, the person appointed by the Board of Directors to perform the treasurer function for SGVRHT shall receive, have the custody of and disburse SGVRHT funds in accordance with generally accepted accounting practices, shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. Section 8. Amendments. Unless otherwise specifically provided herein, this Agreement may not be amended or modified except by writing and with approval of two-thirds of the governing bodies of all the Parties and no other amendment or modification shall be of any force and effect unless approved in accordance with this Agreement. Section 9. Non-Liability for Obligations of SGVRHT. 1471730.1 The debts, liabilities and obligations of SGVRHT shall not be considered the debts, liabilities or obligations of any Party or its respective officers, agents, employees, representatives or volunteers. a) Indemnification. The SGVRHT shall defend, indemnify and hold harmless each Party, its officers, agents, employees, representatives and volunteers (the “Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense, or damages of any kind or nature (collectively, “Claims”) brought by a third party which arises out of or in connection with SGVRHT’s administration of this Agreement, including such third party claims arising out of or in connection with any Indemnitees acting within their authorized capacity as an officer, agent, employee, representative or volunteer of SGVRHT. The SGVRHT’s duty to defend and indemnify under this Section shall not extend to Claims otherwise arising out of the Indemnitees’ own active negligence, omissions or willful misconduct, whether in whole or part. The SGVRHT shall finance its obligation pursuant to this Subsection by establishing a liability reserve fund, and/or by purchasing commercial insurance, and/or by joining a joint powers insurance authority (JPIA) as determined by the Board. In the event the SGVRHT’s financial obligations to indemnify, defend and hold harmless, pursuant to this Subsection, exceed the liability reserve fund and/or the proceeds from any applicable insurance and/or JPIA coverage maintained by the SGVRHT (hereinafter “Unfunded Liability”), a Party or Parties may meet and confer with SGVHRT in good faith to negotiate alternative means or mechanisms by which SGVHRT may fund such Unfunded Liability; however, in no event shall the event of an Unfunded Liability relieve, limit or waive SGVHRT’s obligations of indemnity or defense to each Party as first set forth above in this Section. Nothing herein shall obligate any Party to indemnify or hold harmless SGVRHT for any Unfunded Liability. b) Assignment. Each Party shall assign to the SGVRHT its rights, title, and interest to recover damages from any third party for Claims arising out of this Agreement, to the extent that the SGVRHT has met its obligations to defend and indemnify such Party pursuant to this Section. 1471730.1 c)Survival. SGVRHT’s duty to defend, indemnify and hold harmless shall survive and continue in full force and effect after withdrawal of any Party from this Agreement, including as to the withdrawing Party, or termination of this Agreement for any reason with respect to any Claims that occurred before the date of such withdrawal or termination. Section 10. Admission and Withdrawal of Parties. a)Admission of New Parties. It is recognized that additional eligible entities other than the Parties, may wish to join SGVRHT after the Effective Date. Such eligible entities may become a Party to this Agreement upon such terms and conditions as are established by this Agreement and the Board of Directors. As a condition precedent to becoming a Party more than six months after the Effective Date, an eligible entity may thereafter become a Party to this Agreement; provided that (1) this Agreement is adopted by its governing body and (2) the eligible entity pays, a late joining fee. The late joining fee shall be calculated by totaling the annual affiliate fee the eligible entity would have paid under this Agreement had it been an affiliate in all years prior to becoming a Party, minus any affiliate fees it actually paid during those years. Notwithstanding the foregoing, an eligible entity’s late joining fee shall not exceed two times the amount of the applicable annual administrative fee existing at the time it becomes a Party. Payment shall be due within 30 days of receipt of an invoice from SGVRHT. b)Withdrawal from SGVRHT. A Party may withdraw from SGVRHT upon its governing board's adoption of a resolution stating its intent withdraw from SGVRHT. The withdrawal of any Party, unless otherwise provided by the Board of Directors, shall be conditioned as follows: 1.The withdrawal shall be effective at the end of the SGVRHT fiscal year which is at least six months after the receipt by SGVRHT of a written notice of the Party’s intent to withdraw, accompanied by a copy of the governing board resolution stating its intent to withdraw; and 2.Unless otherwise provided by a unanimous vote of the Board of Directors, withdrawal shall result in the forfeiture of the withdrawing Party's rights and 1471730.1 claims relating to distribution of property and funds upon termination of SGVRHT as set forth in Section 2 above. Withdrawn members shall not be entitled to any reimbursement of Administrative Fees. Section 11. Notices. Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the persons and entities listed at the addresses set forth in the attached Exhibit “A”, or to such other address as may be designated to SGVRHT for formal notice. Section 12. Miscellaneous. a)Section Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing or in any manner affecting the scope, meaning or intent of the provisions or language of this Agreement. b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same Agreement. c)Laws Governing. This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California. d) Severability. Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, it shall be deemed severable, and the remainder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the agreement the Parties intended to enter into in the first instance. e)Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Parties hereto. No party may assign any right or obligation hereunder without the written consent of a majority of the other Parties. IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed and attested by their duly authorized officers, as follows: 1471730.1 Party: By: Supervisor/Mayor Attest: Clerk 1 Temple City City Council April 6, 2021 Background •Dedicated funds held in trust for the planning & construction of homeless, extremely low, very low, and low income housing •Authorized by SB 751 (Rubio) -signed October 2019 ○Allows any city in the San Gabriel Valley and the County of Los Angeles in the San Gabriel Valley to join a San Gabriel Valley Regional Housing Trust Joint Powers Authority ○Allows Trust to issue bonds & other debt instruments ○Allows Trust to receive public & private funds and financing 2 SGVRHT Opportunities •Vehicle to fund and finance affordable housing & homeless housing projects with dedicated funds/structure for San Gabriel Valley •Regional engagement •Pool resources & leverage funds •Maximize economies of scale •Collaboration with stakeholders •Local control ○Locally-appointed Board of Directors ○No projects funded in a city without approval of City Council ●Appointed by SGVCOG Governing Board ●9 members ○7 members representing Parties to the SGVRHT Agreement ○2 Housing/Homeless Experts ●2-year terms ●Oversee activities of the SGVRHT ○Priority/Goal Setting ○Funding disbursement ○Program development/management SGVRHT Board of Directors 3 ●Jurisdictional Representatives o Northeast District: Gary Boyer (City of Glendora) o Northwest District: Becky Shevlin (City of Monrovia) o Southeast District: Patty Cortez (City of Covina) o Central District: Jerry Velasco (City of El Monte) o At-large Member: Adele Andrade-Stadler (City of Alhambra) o At-large Member: Margaret Finlay (City of Duarte) ●Housing/Homeless Experts: o Jed Leano, Councilmember, City of Claremont (Delegate); Carol Averell, Housing Manager, City of Baldwin Park (Alternate) o Benita DeFrank, Neighborhood Services Director, City of Pomona (Delegate); Alma Martinez, City Manager, City of El Monte (Alternate) SGVRHT Board of Directors ●Must be SGVCOG member ●Must execute joint powers agreement to join ●Payment of annual administrative fees ●Must provide written notice of exit 6 months prior to start of new fiscal year ○If existing project in city, will be responsible for administrative fee to manage project SGVRHT Participation 4 ●Ensures ongoing revenues for SGVRHT operations ●Provides funding for grant-ineligible activities ●Population-based SGVRHT Annual Administrative Fee Population Amount Up to 30,000 $10,000 30,001 -60,000 $15,000 60,001 -100,000 $20,000 100,001 -175,000 $25,000 County (per District)$25,000 ●Allows city to show support for regional affordable housing production ●Cannot receive funding for project or serve on Board of Directors ●Population-based Administrative Fee SGVRHT Annual Administrative Fee Affiliate Membership Population Amount Up to 30,000 $2,000 30,001 -60,000 $3,000 60,001 -100,000 $4,000 100,001 -175,000 $5,000 County (per District)$5,000 5 Participating Cities •Alhambra •Arcadia •Azusa •Baldwin Park •Claremont •Covina •Diamond Bar •Duarte •El Monte •Glendora •Irwindale •La Canada Flintridge* •La Verne •Montebello •Monrovia •Pomona •San Gabriel* •South El Monte •South Pasadena •West Covina * Affiliate Member •Submitted a $1.2 million application to State Local Housing Trust Fund (LHTF) grant program ○125 affordable housing units of affordable housing in cities of Pomona, Claremont, and El Monte •Approved project pipeline with 13 projects totaling 585 units across the region •Initiating fundraising campaign Progress to Date 6 •Awarded annually to entitlement jurisdictions to help meet the unmet need for affordable housing and increase the supply of affordable units •Eligible activity: matching funds for Regional Housing Trust •Approximately $1.3 million in allocated PLHA funds: Alhambra, Baldwin Park, Claremont, Covina, Duarte, La Canada Flintridge, La Verne, Monrovia, South El Monte Permanent Local Housing Allocation (PLHA) Funds Upcoming Activities •Foundational planning efforts o SGVRHT Strategic Plan o San Gabriel Valley Surplus Land Use Study o Housing Finance and Construction Innovation Study and Pilot Program o SGVRHT Housing Incubator o Foundational planning efforts •Preparation for spring 2021 LHTF application •Ongoing fundraising efforts 7 Questions? 13 Project Pipeline 8 LHTF Application SAN GABRIEL VALLEY REGIONAL HOUSING TRUST FULL-MEMBER CITIES •Alhambra •Arcadia •Azusa •Baldwin Park •Claremont •Covina •Diamond Bar •Duarte •El Monte •Glendora •La Verne •Monrovia •Pomona •South El Monte •South Pasadena REPORT DATE: December 2, 2020 TO: Board of Directors FROM: Marisa Creter, Executive Director RE: PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDS AND SGVRHT ANNUAL ADMINISTRATIVE AND AFFILIATE FEES RECOMMENDED ACTION Adopt Resolution 20-21 allowing use of PLHA funds for a portion of SGVRHT annual administrative and affiliate fees. BACKGROUND In 2017, Governor Brown signed Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act, which established a $75 recording fee on real estate documents to increase the supply of affordable housing. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD). The PLHA program provides a permanent source of funding to cities and counties to help address the unmet need for affordable housing and increase the supply of affordable housing units. PLHA funding is provided annually. Eligible activities for the PLHA funding include the development of affordable rental housing, assisting persons experiencing or at risk of homelessness, supporting efforts to acquire and rehabilitate foreclosed or vacant homes and apartments, or as matching portions of funds placed into local or regional housing trust funds. SGVRHT has also been informed that an eligible use of PLHA funds is for the administrative costs associated with operating a regional housing trust. PLHA program funding is awarded as formula grants to entitlement and non-entitlement jurisdictions based on the formula prescribed under federal law for the Community Development Block Grant (CDBG) program. Those cities that partner with the County of Los Angeles to administer their CDBG funds will receive their annual PLHA allocation through the County. In this fiscal year, the County has indicated that it will use its PLHA funding to administer a Countywide Eviction Defense Program (EDP) to provide legal defense and eviction prevention resources for all eligible residents at-risk of homelessness. Cities were also able to request that their funds instead be allocated towards another eligible program. For FY 2020-21, the County requested notification by October 15, 2020, if a City were interested in allocating funds towards another program. LA County has indicated that it intends to return to its participating cities in the spring of 2021 to request notification on how cities intend to use their FY 2021-22 PLHA funding allocation. The San Gabriel Valley Regional Housing Trust (SGVRHT) is able to receive both private and public funds. One potential source of public funds is PLHA funds. Member cities could allocate their PLHA funds to the SGVRHT for program eligible expenses, which include use as capital funds to produce affordable and homeless housing. Additionally, PLHA funds are eligible for use as matching funds for the State Local Housing Trust Fund (LHTF) application, which is anticipated to be released in the spring of 2020. DISCUSSION Annual administrative fees and affiliate member fees support the general operational expenses of the SGVRHT. Cities are responsible for their annual administrative fee or affiliate member fee to the SGVRHT and have inquired about using PLHA as a source for this fee. The SGVRHT would like to encourage member agencies to allocate PHLA funds to the SGVRHT in order to leverage and maximize capital funds, and staff recognizes allowing a portion of the funds to be used to cover annual administrative fees could be an incentive to do so. To this end, staff has developed proposals for both the annual administrative fee for full members and the affiliate membership fee. Annual Administrative Fee (Full Members) Staff therefore proposes that 10% of a member’s city’s PLHA allocation to the SGVRHT may be applied to cover annual administrative fees, up to 50% of the city’s annual administrative fee. Annual administrative fee PLHA allocation to SGVRHT PLHA allocation applied to annual administrative fee (10% of PLHA Allocation or 50% of administrative fee) Limit on PLHA applied to annual administrative fee (50% of administrative fee) City A $10,000 $30,000 $3,000 $5,000 City B $10,000 $50,000 $5,000 $5,000 City C $20,000 $120,000 $10,000 $10,000 In the case of City A, which allocated $30,000 of its PLHA to the SGVRHT, their PLHA allocation eligible to be applied towards the annual administrative fee would be $3,000, equal to 10% of their PLHA allocation. This is less than the limit of $5,000, equal to 50% of the City A’s $10,000 annual administrative fee which would be achieved by a PLHA allocation of $50,000 or more. In the case of City B, its allocation of $50,000 of PLHA funds would allow for $5,000 in PLHA funds to be applied towards their annual administrative fee and would equal the limit of 50% of their $10,000 annual administrative fee. In the case of City C, 10% of their PLHA allocation of $120,000 totals $12,000, which exceeds the limit of 50% of their annual administrative fee. In this case, City C’s PLHA eligible to be applied towards annual administrative fee would be subject to the aforementioned limit and would equal $10,000. Affiliate Membership Free Staff also proposes that 10% of an affiliate member’s PLHA allocation to the SGVRHT may be applied to cover affiliate fee, up to 100% of the affiliate fee. Examples are shown in the chart below: Affiliate fee PLHA allocation to SGVRHT PLHA allocation applied to affiliate fee (10% of PLHA Allocation or 100% of administrative fee) Limit on PLHA applied to affiliate fee (100% of affiliate fee) City A $2,000 $5,000 $500 $2,000 City B $2,000 $20,000 $2,000 $2,000 City C $5,000 $120,000 $5,000 $5,000 In the case of City A, which allocated $5,000 of its PLHA funding to the SGVRHT, their PLHA allocation eligible to be applied to towards the annual affiliate fee would be $500. This is less than the limit of 100% of the affiliate fee which would be achieved by a PLHA allocation of $20,000 or greater. In the case of City B, its allocation of $20,000 of PLHA funds would mean that their PLHA allocation eligible towards the affiliate fee would equal their affiliate fee. In the case of City C, 10% of their PLHA allocation of $120,000 totals $12,000, which exceeds the limit of 100% of the City’s affiliate fee, and City C would be eligible to apply $5,000 towards their affiliate fee. NEXT STEPS If approved, this policy would come into effective for the PLHA awards to be announced in spring 2021 and will be applied to administrative and affiliate fees for FY 2021-2022. PLHA allocations are only eligible to be applied to annual administrative and affiliate member fees in the fiscal years that the allocation is made to the SGVRHT cannot be applied across multiple years. At the time a member agency or affiliate member allocates PLHA funds to SGVRHT, it shall state in writing the percentage of its allocation it desires to be applied toward its annual administrative fee or annual affiliate fee, up to the Board approved capped amounts. Prepared by: ____________________________________________ Brielle Acevedo Principal Management Analyst Approved by: ____________________________________________ Marisa Creter Executive Director ATTACHMENTS Attachment A – Resolution 20-21 RESOLUTION NO. 20-21 A RESOLUTION OF THE SAN GABRIEL VALLEY REGIONAL HOUSING TRUST APPROVING PERCENTAGE OF PERMANENT LOCAL HOUSING (PLHA) ALLOCATION TO SGVRHT APPLIED TO ANNUAL ADMINISTRATIVE AND AFFILIATE FEE WHEREAS, the San Gabriel Regional Housing Trust (SGVRHT) charges annual administrative fees to members and affiliate fees to affiliate members to support the ongoing operations and administration of the SGVRHT; and WHEREAS, cities will be awarded Permanent Local Housing Allocation (PLHA) funds to support the development of affordable housing and prevent residents from falling into homelessness; and WHEREAS, eligible activities for the use of these PLHA funds is as matching funds for a regional housing trust and for the administration of a regional housing trust; and WHEREAS, member and affiliate cities would like to apply a percentage of their PLHA allocations to the SGVRHT to their annual administrative and affiliate member fees. NOW, THEREFORE, NOW, THEREFORE, BE IT RESOLVED that the Board adopts the following PLHA Percentage Allocation to Administrative and Affiliate fee: 1.Member agencies: A member agency may apply up to 10% of its annual PLHA allocation to the SGVRHT toward no more than 50% of its annual administrative fee. 2.Affiliate members: An affiliate member may apply up to 10% of its annual PLHA allocation to the SGVRHT toward no more than 100% of its annual affiliate fee. 3.At the time a member agency or affiliate member allocates PLHA funds to SGVRHT, it shall state in writing the percentage of its allocation it desires to be applied toward its annual administrative fee or annual affiliate fee, as applicable. PASSED AND ADOPTED at a regular meeting of the Board of Directors of SGVRHT held, on the 2nd day of December, 2020. San Gabriel Valley Regional Housing Trust _______________________________ Jed Leano, Chair Attest: I, Marisa Creter, Executive Director and Secretary of the Board of Directors of the San Gabriel Valley Regional Housing Trust, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Board of Directors held on the 2nd day of December 2020, by the following vote: AYES: NOES: ABSTAIN: ABSENT: _________________________________ Marisa Creter, Secretary NUMBER: 21-0004 DATE: MAY 13, 2021 SUBJECT: 2020 PROGRAM ALLOCATIONS, YEAR 2 FOR THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM FOR URBAN COUNTY PARTICIPATING CITIES EFFECTIVE DATE: IMMEDIATELY PAGE 1 OF 2 TO: PARTICIPATING CITIES The Los Angeles County Development Authority (LAGOA) would like to inform our Partner Cities about the status of the Permanent Local Housing Allocation (PLHA) Program funding for Year 1 and the Notice of Funding Availability (NOFA) released for Year 2. As some of you may know, the State was initially delayed in starting Year 1 (2019 Allocation) of this new program and is now trying to get on a schedule. The Year 1 Allocation for the PLHA Program is now being followed quickly by the Year 2 Allocation (2020 Allocation). The program year for the PLHA Program will begin on July 1st and end on June 30th• The initial PLHA application for Year 1, which was submitted to the State on July 27, 2020 requested that 100% of the funding be dedicated to Eviction Defense activities (see attachment B for Eligible Activities). Because we were still learning about the legislation and this new program, and we had a short time frame to submit the application to the State it was determined that Eviction Defense would be the best activity to request funds for; Rental Assistance was critically needed this past year, and still is for many households in Los Angeles County. We knew that we would submit an amendment to the State-approved PLHA Plan to include activities for the cities that would support other housing efforts. Last fall, in October 2020 the California State Department of Housing and Community Development (HCD) determined that the PLHA Program funding for Year 1 would be approved and awarded a grant to the County for funding activities under PLHA Program Eligible Activity 301 (a)(6). All funds (with the exception of the administrative allocation) would be directed to Eviction Defense activities. At the time, the HCD informed us that funding for other eligible activities would require an amendment to the PLHA Program Five (5) Year Plan. During the months of November and December, we inquired from cities what activities they would like to implement with the PLHA funding. In January 2021, the LAC DA received approval of the original PLHA Five (5) Year Plan and was issued a Standard Agreement from the State. The Board of Supervisors approved and adopted the Amended Plan on February 9, 2021, which was submitted to PLHA State officials. However, because the timing was so close to the release of the NOFA for Year 2 of the PLHA Program they would review the amendment together with our application for Year 2 of the PLHA Program. ATTACHMENT C Participating Cities May 13, 2021 Page 2 The NOFA for Year 2 of the PLHA Program has been released. The LACDA, on behalf of the County, will apply for its annual allocation. This allocation includes funding for the LACDA to administer the program and for the Urban County Participating Cities to implement affordable housing programs. Cities that are partners of the County through the Urban County Cooperation Agreement will be able to access their allocations for this housing program through the LACDA. We have been informed that the County will receive an allocation of $17,136,476 for Year 2 of this program. Attachment A indicates in more detail how the allocation is distributed. Cities should consider the proposed activity they would like to fund (Attachment B) for Year 2 of this program. Funding will not be released for the City PLHA funded activities until the State approves our amendment. We have already learned that there will be some changes to the PLHA eligible activities and Partner Cities will have the option to reconsider their activity or designate their funding to a local or Regional Housing Trust. Any unused funding will be rolled over to the following calendar year and can be designated to the Eligible Activity. Cities should utilize the grant funds for eligible activities and identify them, using the enclosed form "Proposed Program for the State Permanent Local Housing Allocation Program" (Attachment C). This form should be completed and submitted to the LACDA, along with a Resolution (Sample Resolution enclosed, Attachment D) indicating City Council approval by no later than June 30, 2021. Given the unique set of circumstances that we continue to find ourselves in this year, we can only convey the information we have to date. The County and its' Partner Cities should be prepared to begin implementing these programs by July 1, 2021. We will communicate closely with cities and keep you apprised of information and the schedule regarding this program as soon as we receive information from the State. Please be aware that the County cannot issue PLHA funding until we receive funding from the State. You may contact Jenny Salazar, PLHA Specialist, at 626.586.1533 or jenny.salazar@lacda.org, should you need assistance in this matter or have any questions related to the PLHA Program. Sincerely, `)/w(-(4___cyp LINDA JENKINS, Acting Director Community & Economic Development Division LJ:HR:ob K:1GMU COMMON\BULLETINS (Working File - WORD Version)\CDBG\202112020 Program Allocation PLHA.docx Attachments pages 1 Attachment A Permanent Local Housing Allocation 2020 Total Urban County Entitlement $17,136,461 Less Administration (5%) ($856,823) Total 2021-2022 to be Allocated $16,279,638 Population Poverty Overcrwding City 2015 2015 2015 Factor Allocation AGOURA HILLS 20,697 1194 65 0.004345193 $70,738 ARCADIA 57,564 5486 735 0.017424818 $283,670 AVALON 3,777 539 313 0.002380354 $38,751 AZUSA 48,033 7569 1,758 0.023293918 $379,217 BELL 35,998 9947 2,394 0.027934862 $454,769 BELL GARDENS 42,842 11935 3,556 0.035962885 $585,463 BEVERLY HILLS 34,663 3100 317 0.009723729 $158,299 CALABASAS 24,075 1897 62 0.005785489 $94,186 CLAREMONT 35,762 2591 300 0.009000859 $146,531 COMMERCE 13,017 2052 724 0.007213434 $117,432 COVINA 48,587 5245 1,042 0.017183349 $279,739 CUDAHY 24,138 7527 1,922 0.021198893 $345,110 CULVER CITY 39,469 3491 803 0.012618399 $205,423 DIAMOND BAR 56,471 3919 322 0.013396981 $218,098 DUARTE 21,769 3313 535 0.009425774 $153,448 EL SEGUNDO 16,929 1224 208 0.004496691 $73,204 HAWAIIAN GARDENS 14,475 4426 806 0.011318428 $184,260 HIDDEN HILLS 1,557 76 2 0.000295148 $4,805 HERMOSA BEACH 19,747 783 79 0.003660287 $59,588 IRWINDALE 1,426 178 31 0.000542803 $8,837 LA CANADA-FLINTRIDGE 20526 518 129 0.003520497 $57,312 LA HABRA HEIGHTS 5,425 186 39 0.001023701 $16,665 LA MIRADA 49,182 3453 1,257 0.015277139 $248,706 LA PUENTE 40,496 5853 1,911 0.020385377 $331,867 LA VERNE 31,920 2576 352 0.008744464 $142,357 LAWNDALE 33,231 5915 1,639 0.018693836 $304,329 LOMITA 20,622 3009 479 0.008629249 $140,481 MALIBU 12,856 1339 95 0.003815106 $62,109 MANHATTAN BEACH 35,603 1416 90 0.006415414 $104,441 MAYWOOD 27,739 8284 2,405 0.024512447 $399,054 MONROVIA 37,164 3738 685 0.012315745 $200,496 RANCHO PALOS VERDES 42,464 1799 277 0.008437302 $137,356 ROLLING HILLS ESTS 8188 444 43 0.001738249 $28,298 SAN DIMAS 34,073 2283 223 0.008062317 $131,252 SAN FERNANDO 24,296 4563 947 0.013120635 $213,599 SAN GABRIEL 40,198 5492 1,402 0.017948713 $292,199 SAN MARINO 13,353 740 108 0.002996815 $48,787 SANTA FE SPRINGS 17,162 2153 660 0.007591641 $123,589 SIERRA MADRE 11,084 636 62 0.002420530 $39,405 SIGNAL HILL 11,332 2041 515 0.006251968 $101,780 SOUTH EL MONTE 20,483 4200 995 0.012318315 $200,538 SOUTH PASADENA 25,999 2025 319 0.007127353 $116,031 TEMPLE CITY 36,079 3414 745 0.011916778 $194,001 WALNUT 29,970 1999 223 0.007175079 $116,808 WEST HOLLYWOOD 35,332 5408 311 0.013320883 $216,859 WESTLAKE VILLAGE TOTAL PARTICIPATING 8,471 512 16 0.001775713 $28,908 CITIES 1,234,244 150,488 31,901 0.482737559 $7,858,793 Supervisorial Districts (Unincorporated Area only) * I. 262483 52,187 13,007 0.156276164 $2,544,119 II. 253210 64,961 12,653 0.173593546 $2,826,040 III. 21,410 1,826 60 0.005377334 $87,541 IV. 223783 24,416 6,599 0.086079046 $1,401,336 V. 279396 31,613 4,587 0.095936351 $1,561,809 TOTAL DISTRICTS 1,040,282 175,002 36,907 0.517262441 $8,420,845 TOTAL ALLOCATIONS 2,274,526 325,490 68,808 100% $16,279,638 ATTACHMENT B PERMANENT LOCAL HOUSING ALLOCATION (PLHA) LIST OF ELIGIBLE ACTIVITIES Eligible activities for the formula allocations are: 1.The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of High-cost areas ), including necessary Operating subsidies. Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance. 2.The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California. Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of Affordable rental and ownership housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance. 3.Matching portions of funds placed into Local or Regional Housing Trust Funds. Matching funds must be utilized as required by PLHA guidelines Section 301(a). 4.Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. Matching funds must be utilized as required by PLHA guidelines Section 301(a). 5.Capitalized Reserves for Services connected to the preservation and creation of new Permanent Supportive Housing. 6.Assisting persons who are experiencing or At risk of homelessness in conformance with 24 Code of Federal Regulations (CFR Section 578.3),including Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services; Rental assistance with a term of at least six (6) months (rental arrears is not eligible); Street outreach, and other Supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing; Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. a.This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) Program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households. b.Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with Welfare Institutions Code (WIC) Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255(b). 7.Accessibility modifications in Lower-income (up to 80 percent of AMI) Owner-occupied housing. 8.Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. 9.Homeownership opportunities, including, but not limited to, down payment assistance. 10.Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low interest deferred loan to the Affordable housing project. ATTACHMENT C PROPOSED ACTIVITY OR ACTIVITIES FOR YEAR TWO OF THE STATE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM City Name: __________________________________ Date: __________________ Name and Description of the Eligible Activity or Activities the City would like to Implement Using PLHA funds: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Budget(s) Proposed for Activity or Activities: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Pertinent Facts and Information about the Priority Need for this Activity or Activities in your City: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Please check box to continue implementing PLHA Eligible Activity from prior year $____________ (PLHA Funds distribution) to ___________________________ $____________ (PLHA Funds distribution) to ___________________________ Submitted by: _________________________________ Date: ________________________________________ Title: ________________________________________ x ATTACHMENT D RESOLUTION NO.______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ________________ APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY PERMENENT LOCAL HOUSING ALLOCATION PROGRAM BY AUTHORIZING THE MAYOR, OR HIS/HER DESIGNEE, TO SIGN A REIMBURSABLE CONTRACT WITH THE LOS ANGELES COUNTY DEVELOPMENT AUTHORITY (LACDA) ACTING ON BEHALF OF THE COUNTY. WHEREAS,the City of ______________________________ desires to participate in the Los Angeles Urban County Permanent Local Housing Allocation (PLHA) Program; and WHEREAS,the city authorizes the execution of a Reimbursable Contract with the County of Los Angeles in order to receive said PLHA funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF _________ AS FOLLOWS: SECTION 1. The City Council authorizes the Mayor, or his/her designee, to execute any and all documents necessary forparticipation in the Los Angeles UrbanCountyPLHA Program onbehalfof the City of ___________________. PASSED, APPROVED, AND ADOPTED this (date) day of __________ 2021. ______________________________ (name), Mayor ATTEST: _____________________________ (NAME), City Clerk I, ______________, City Clerk of the City of ___________, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of ___________ held on the (date) day of _______, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ (name), City Clerk K:\CDBG COMMON\PLHA\PLHA \sample resolution for a city.docx