CHAPTER
1. General Provisions
64700.
This title shall be known, and may be cited, as the Los Angeles County Regional Housing Finance Act.64701.
The Legislature finds and declares the following:(a) Los Angeles County is facing the most significant housing crisis in the region’s history, as tens of thousands of residents are living in overcrowded housing, being pushed out of their homes, spending hours driving every day to and from work, one paycheck away from an eviction, or experiencing homelessness.
(b) The impacts of Los Angeles County’s affordable housing crisis are disproportionately being borne by people of color, including Black, Latino, Asian and Pacific Islander Americans, and low-income residents.
(c) Women of color face an even greater burden due to systemic barriers, including wage discrimination, unsafe transit options, and lack of access to affordable childcare.
(d) Los Angeles County faces this crisis because, as a region, it has failed to produce enough housing at all income levels,
particularly at the lowest levels of affordability, preserve affordable housing, protect existing residents from displacement, and address the housing issue throughout the county in a comprehensive fashion.
(e) Housing costs have dramatically outpaced wage growth. An average two-bedroom apartment in Los Angeles County requires a household income of forty-one dollars and ninety-six cents ($41.96) per hour.
(f) The housing crisis in Los Angeles County is regional in nature and existing municipality-specific
programming would benefit from a regional agency that could supplement the programming with additional supports and services, especially in the context of ambitious Regional Housing Needs Assessments goals – 341,000 affordable units in the sixth cycle, which the county as a whole is on track to produce 25,000.
(g) Seventy-nine percent of extremely low income households in Los Angeles County are paying more than half of their income on housing costs compared to just 3 percent of moderate-income households.
(h) However, the current process is anything but regional; instead each city and the county is each responsible for their own decisions around housing financing and renter protection programs.
(i) Based on the most recent regional housing needs assessment cycle, Los Angeles County faces an annual gap of 39,375 units between what is being created and what is needed to achieve the sixth cycle affordable housing countywide goals.
(j) A multistakeholder countywide agency is necessary to help address the affordable housing crisis in Los Angeles County by supplementing resources and technical assistance at a regional scale, including:
(1) Generating new dedicated regional funding for critical capital and other supports for affordable housing developments across Los Angeles County to supplement, rather than supplant, existing funding.
(2) Providing staff support to local jurisdictions that require capacity
or technical assistance to expedite the preservation and production of housing.
(3) Funding renter programs and services, such as emergency rental assistance and access to counsel.
(4) Assembling parcels, acquiring land, and supporting community land trusts for the purpose of building affordable housing.
(5) Monitoring and reporting on progress at a regional scale.
64702.
For purposes of this title:(a) “Agency” means the Los Angeles County Affordable Housing Solutions Agency established pursuant to Section 64710.
(b) “Board” means the governing board of the Los Angeles County Affordable Housing Solutions Agency.
(c) “Los Angeles County” means the entire area within the territorial boundary of the County of Los Angeles.
64703.
The Legislature finds and declares that providing a regional financing mechanism for affordable housing development, preservation, and renter protections in Los Angeles County, as described in this section and Section 64701, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this title applies to all cities within Los Angeles County, including charter cities.64704.
The provisions of this title are severable. If any provision of this title or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
CHAPTER
2. The Los Angeles County Affordable Housing Solutions Agency and Governing Board
64710.
(a) The Los Angeles County Affordable Housing Solutions Agency is hereby established with jurisdiction extending throughout Los Angeles County, except that the agency shall only have jurisdiction to act in a supplemental capacity when a municipality has, as of January 1, 2022, an existing program that provides similar supports and services, and in no circumstances shall any functions of existing programs be transferred to or undertaken by the agency, nor shall the agency perform or undertake any functions related to supports and services provided to people experiencing homelessness, unless such supports and services are explicitly authorized by this chapter or are directly related to the provision of other supports and
services authorized explicitly by this chapter.(b) The formation and jurisdictional boundaries of the agency are not subject to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5).
(c) The agency’s purpose is to increase the supply of affordable housing in Los Angeles County by providing for significantly enhanced funding and technical assistance at a regional level for renter protections, affordable housing preservation, and new affordable housing production of 100 percent affordable housing for households earning 80 percent of the appropriate area median income or below, with financing priority on the lowest levels of affordability.
(d) The agency shall complement and supplement existing efforts by cities, counties, districts, and other local, regional, and state entities, related to addressing the goals described in this title.
64711.
(a) The agency shall be governed by a board of directors composed of 19 21 voting members and one nonvoting member, as follows:(1) Five members of the Los Angeles County Board of Supervisors. If the number of members of the Los Angeles County Board of Supervisors is increased, the agency shall, within 60 days of the increase, submit a plan to the Legislature for revising the composition of the agency.
(2) (A) The mayor of the City of Los Angeles.
(B) Three members appointed by the mayor of the City of Los Angeles, each of whom shall be either a member of the Los Angeles City Council or a housing expert or advocate.
(C) One member who is a city council member or a housing expert or advocate appointed by the President of the Los Angeles City Council.
(3) The mayor of the City of Long Beach or the vice mayor of the City of Long Beach, as determined by the mayor of the City of Long Beach.
(4) (A) Four Five
members, each of whom shall be a mayor or a member of a city council, appointed by the Los Angeles County City Selection Committee.
(B) For purposes of the selection of the four of the members appointed pursuant to subparagraph (A), Los Angeles County, excluding the City of Long Beach, Beach and the City of Los Angeles, shall be divided into the following four sectors:
(i) The North County and San Fernando Valley
sector.
(ii) The Southwest Corridor sector.
(iii) The San Gabriel Valley sector.
(iv) The Southeast sector.
(C) For purposes of the selection of one of the members appointed pursuant to subparagraph (A), one of the members shall be an at-large member who will be selected each term from one of the four sectors described in subparagraph (B), in the following order: the Southeast sector; the San Gabriel Valley sector; the Southwest Corridor sector; and the North County and San Fernando Valley sector.
(C)
(D) The League of California Cities, Los Angeles County Division, shall define the sectors. Every city within a sector shall be entitled to vote to select a candidate from that sector for consideration for appointment by the Los Angeles County City Selection Committee. A city’s vote shall be weighted in the same proportion that its population bears to the total population of all cities within the sector.
(D)
(E) The members appointed
pursuant to this subdivision
subparagraph (A) shall be appointed by the Los Angeles County City Selection Committee upon an affirmative vote of its members that represent a majority of the population of all cities within the county, excluding the City of Los Angeles and the City of Long Beach.
(E)The members selected by the city selection committee shall serve four-year terms with no limitation on the number of terms that may be served by any individual. The city selection committee may shorten the initial four-year term for one or more of the members
for the purpose of ensuring that the members serve staggered terms.
(5) (A) One at-large member that is an eligible small city and is appointed by all members of the Los Angeles County City Selection Committee that are eligible for the seat, as determined by the board.
(B) For purposes of this paragraph, “eligible small city” means a city in the County of Los Angeles that meets all of the following requirements:
(i) The city has a population of less than 100,000,
according to the most recent census, as of the date that the at-large member is selected.
(ii) The city is in the top 50 percent of the most impacted cities in the County of Los Angeles, as determined by the proportion of households that are low-income and severely cost-burdened according to data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database, as used in the CalEnviroScreen Housing Burden tool.
(iii) As of January 1, 2024, the city is in substantial compliance with housing element law.
(iv) As of January 1, 2027, the city has adopted programs and policies to support low-income renters at risk of eviction.
(v) The city has adopted at least one model land use standard created by the agency, or a substantially similar land use policy, by January 2027, or within two years after those land use standards are created, whichever date is later. If the agency has updated a particular model land use standard less than two years prior to the appointment, a city that has adopted the current or immediately preceding version of the model standard shall be considered a small city.
(C) The board shall compile a list of cities that satisfy the definition of “eligible small city.”
(5)
(6) (A) (i) The interim chair of the citizens’ oversight committee created by Section 64718.
(ii) The interim chair shall be selected by the three members described in subparagraph (A) of paragraph (6)
(7) and then submitted to the full board for approval.
(iii) The interim chair shall have lived or experienced homelessness or housing instability.
(B) The chair of the citizens’ oversight committee created by Section 64718 after the chair is elected pursuant to Section 64718.1, at which time the chair shall replace the interim chair described in subparagraph (A).
(6)
(7) (A) Until permanent expert members
are selected, three members as follows:
(i) One member with expertise in affordable housing production, who shall be a designee from the Southern California Association of Non Profit Housing.
(ii) One member with expertise in affordable housing preservation, who shall be a designee from the Los Angeles Community Land Trust Coalition.
(iii) One member with expertise in renter protection and support, who shall be a designee from the steering committee for Stay Housed L.A. County.
(B) (i) The chief executive officer of the agency shall facilitate a selection process that results in three members as follows:
(I) One member with clear and demonstrated expertise in affordable housing production, including, but not limited to, affordable housing project finance and development.
(II) One member with clear and demonstrated expertise in affordable housing preservation, including, but not limited to, naturally occurring affordable housing, expiring affordability covenants, community land trusts, or related affordable housing preservation strategies.
(III) One member with clear and demonstrated expertise in renter protection and support, including, but not limited to, experience in advocating for or enforcing tenants’ rights.
(ii) (I) The chief
executive officer of the agency shall create three lists, one for each subclause in clause (i), each with at least five candidates who satisfy the criteria of that subclause.
(II) Members of the public shall be entitled to submit their names for consideration or to nominate other persons for consideration by the chief executive officer of the agency for inclusion in the candidates list required by subclause (I).
(III) The candidates required by subclause (I) shall be subject to the agency’s conflict-of-interest policies.
(iii) The members described in clause (i) shall be selected by a vote of the 15 elected members of the board described in paragraphs (1) to (4), inclusive, from the lists created pursuant to this clause.
(7)
(8) The Executive Director of the Southern California Association of Governments shall be a nonvoting member.
(b)If the population of the City of Los Angeles, at any time, becomes less than 35 percent of the combined population of all cities in the county, the position of one of the three members appointed pursuant to subparagraph (B) of paragraph
(2) of subdivision (a), as determined by the mayor of the City of Los Angeles by lot, shall be vacated, and the vacant position shall be filled by appointment by the city selection committee pursuant to paragraph (4) of subdivision (a) from a city not represented by any other member appointed pursuant to paragraph (4) of subdivision (a).
(c)
(b) The board members specified in paragraphs (1) to (4), inclusive, of subdivision (a) may each appoint an alternate member to the agency to represent, at a meeting of the agency, a regular member it has appointed, but only if the regular member cannot attend the meeting.
(d)
(c) For purposes of this section, an alternate member shall be:
(1) In the case of the member of the City Council of the City of Los Angeles appointed by the mayor of the City of Los Angeles, any person appointed by the mayor with the consent of the city council. If the alternate member is a member of the city council, then consent of that city council is not necessary.
(2) In the case of any public members, any persons designated by the appointing member so long as that person is a resident of Los Angeles County.
(e)
(d) The board shall designate a chair, vice chair, and second vice chair, as well as establish guidelines for designation process and the term of each office.
(f)
(e) (1) A member of the board may receive a per diem for each board meeting that the member attends. The board shall set the amount of that per diem for a member’s attendance, but that amount shall not exceed one hundred dollars ($100) per meeting. A member shall
not receive a payment for more than two meetings in a calendar month.
(2) A board member may waive a payment of per diem authorized by this subdivision.
(3) Out-of-state travel and conference travel shall be compensated by the board member’s home city or county.
(h)
(f) In addition to the requirements under
imposed pursuant to subdivision (i),
(g), the agency shall engage in public participation processes, which shall include the following:
(1) Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, including, but not limited to, affordable housing and homelessness advocates, nonprofit developers, neighborhood and community groups, environmental advocates, equity organizations, home builder representatives, and business organizations.
(2) The agency shall require proactive community engagement related to any project or development funded by the agency, in advance of any public meeting or notice of impending action, with a focus on residents of an impacted building and immediately adjacent
residents. The agency shall give public notice, through posting on the internet, of any plans or projects funded directly by the agency or by any eligible jurisdiction, at least 30 days in advance of that action. The agency staff may hold a public meeting where deemed appropriate, at a time and a location convenient for members of the public for any project that receives funding from the agency
either through the agency itself or a local jurisdiction. The board may choose to hold a public meeting to discuss a project or development when appropriate.
(3) A process for enabling members of the public to provide an annual written request to receive agency notices, information, and updates.
(i)
(g) (1) Members of the board are subject to Article 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5.
(2) The agency shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).
64711.1.
Notwithstanding paragraph (5) of subdivision (a) (c) of Section 64711, if a member appointed by the mayor of the City of Los Angeles is not a member of the city council of that city, the person appointed may serve for 60 days without consent of the city council.64711.2.
Every member of the board is subject to Section 87200. Article 2 (commencing with Section 87200) of Chapter 7 of Title 9.64711.3.
(a) Except as provided in subdivision (b), each member of the board shall serve a term of four years or until a successor is appointed and qualified. A member may be removed at the pleasure of the appointing entities described in subdivision (a) of Section 64711. A member that is not an elected official shall only be reappointed for one additional term.(b) The membership of any member serving on the agency as a result of holding another public office shall terminate when the member ceases holding the other public office.
64711.4.
(a) The board shall appoint a full-time chief executive officer who shall act for the agency under its direction and perform those duties delegated by the agency.(b) The chief executive officer shall be appointed to a renewable term of four years and shall be removed from office only upon the occurrence of one or both of the following:
(1) A two-thirds majority of the members of the board votes for removal.
(2) The board determines that the chief executive officer violates
has violated a federal or state law, regulation, local ordinance, or policy or practice of the agency, relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions.
(c) The agency shall appoint a general counsel, inspector general, and board secretary.
64711.5.
(a) The board shall appoint an inspector general to a renewable term of office of four years. The inspector general shall be removed from office by a two-thirds vote of the members of the board if the board determines that the inspector general violates has violated a federal or state law or regulation, a local ordinance, or a policy or practice of the agency, relative to ethical practices, including, but not limited to, acceptance of gifts or contributions.(b) The inspector general shall, at a
noticed public hearing of the agency, report quarterly on the expenditures of the agency for travel, meals and refreshments, private club dues, membership fees and other charges, and any other expenditures specified by the agency.
(c) Any investigatory file compiled by the inspector general is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to subdivision (f) of Section 6254. Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1.
64712.
(a) The agency may determine its organizational structure, which may include, but is not limited to, the establishment of departments, divisions, subsidiary units, or similar entities. Any department, division, subsidiary unit, or similar entity established by the agency shall be referred to in this chapter as an “organizational unit.”(b) The board may delegate to an organizational unit or to its chief executive officer any powers and duties it deems appropriate. Powers and duties that may be delegated to an organizational unit include, but are not limited to, the following:
(1) Approval of contracts up
to authority limits established by the board, except that final approval of labor contracts shall require board approval.
(2) Hearing and resolving bid protests.
64713.
(a) In light of the purpose of the agency, the agency shall be exempt from Chapter 5 (commencing with Section 54220) of Part 1 of Division 2 of Title 5.(b) Notwithstanding subdivision (a), the agency shall be deemed a local public entity, as defined in Section 50079 of the Health and Safety Code, for the purposes of receiving notice of the disposing of surplus land by a local agency, pursuant to paragraph (1) of subdivision (a) of Section 54222.
64714.
The members of the board shall be appointed by April 1, 2022. 2023. The agency shall have no powers, duties, or responsibilities until April 1, 2022. 2023.64715.
A member of the board shall exercise independent judgment on behalf of the interests of the residents, the property owners, and the public of Los Angeles County in furthering the intent and purposes of this title.64716.
(a) The board shall hold its first meeting at a time and place within Los Angeles County fixed by the Los Angeles County Clerk, as a ministerial duty.(b) After the first meeting described in subdivision (a), the board shall hold meetings at times and places determined by the board.
64717.
(a) The board may make and enforce rules and regulations necessary for governing the board, the preservation of order, and the transaction of business. business, including by establishing an executive committee and other committees as necessary. (b) In exercising the powers and duties conferred on the agency by this title, the board may act by ordinance, resolution, or minute action.
64717.5.
(a) Five years after the voters approve an initial ballot measure proposed pursuant to Section 64721, the board shall review the implementation of the measure. The review shall include the following:(1) An analysis of the expenditures to date.
(2) The number of affordable housing units produced and preserved at different household income levels.
(3) The tenant protection services provided, and the role of the agency.
(b) No earlier than five years after approval of a funding measure under Chapter 2 (commencing with Section 64810) and subject to consultation with the agreement of the citizens’ oversight committee by a two-thirds vote, the board may change any of the minimum requirements in subdivision (d) of Section 64830 if the board adopts a finding that both allocated funding has been unspent in a given category across multiple years and the region’s needs in a given category differ from those requirements. The board is required to approve the finding by a two-thirds vote. Approval of the finding shall be subject to the public participation requirements provided in subdivision (h) (f)
of Section 64711.
(c) (1) The board shall, after the citizens’ oversight committee approves the annual expenditure plan, adopt the annual expenditure plan for the use of housing revenue by July 1 of each year, except the board shall select the deadline to adopt the first annual expenditure plan. To support long-term planning, the annual expenditure plan may cover multiple years, as determined by the board. In the event any of the planned annual expenditures do not correspond to actual expenditures that meet the minimum annual expenditure requirements set forth in this chapter, the board shall ensure subsequent expenditure plans account for previous underspending so that the average spending over at least a three-year budget period achieves the minimum annual expenditure set forth in this
chapter.
(2) The annual expenditure plan shall set forth the share of revenue and estimated funding amount to be spent on each of the categories established in subdivision (d) of Section 64830, indicate the household income levels to be served within each category of expenditures, and estimate the number of affordable housing units to be built or preserved and the number of tenants to be protected. To the extent feasible, the annual expenditure plan shall include a description of any specific project or program proposed to receive funding, including the location, amount of funding, and anticipated outcomes.
64718.
(a) The board shall form a citizens’ oversight committee that adheres to the guiding principles of ensuring that the region produce enough housing at all income levels, particularly at the lowest levels of affordability, while preserving affordable housing, and protecting residents from displacement. The committee shall be composed of 11 voting members and 1 nonvoting member with knowledge and experience in the areas of affordable housing finance and development, or tenant protection, or housing preservation. The citizens’ oversight committee shall meet as necessary and provide substantial assistance in the development of funding guidelines and the overall implementation of agency programs. The committee shall have a vote
to approve the annual organizational expenditure plan prior to approval by the board pursuant to subdivision (e) (c) of Section 64830. 64717.5. The committee shall report directly to the board and the public. Consistent with the provisions of this chapter, the committee shall provide consultation and make recommendations to the board. The committee shall meet as often as is necessary to fulfill its roles and responsibilities.(b) Committee members shall carry out the responsibilities laid out in
this section and play a valuable and constructive role in the ongoing improvement and enhancement of the agency. Committee members will offer their unique knowledge and experience in the areas of affordable housing finance and development, tenant protection, and housing preservation. The committee members shall meet the following requirements:
(1) All members shall reside in Los Angeles County.
(2) All members shall be subject to conflict-of-interest provisions. No person currently serving as an elected or appointed city, county, special district, state, or federal public
officeholder, or currently employed by a city or county agency, shall be eligible for membership on the committee.
(3) In addition to all conflict-of-interest provisions all members shall be required to divest of any investments from which their participation on the committee may further their personal or institutional financial interests.
(c) A person may apply to the office Office of the inspector general Inspector General to become
a member of the committee. The office Office of the inspector general Inspector General shall select the members of the committee by
a date set by the board. The committee shall have at least one member representing each of the following professions or areas of expertise, except as provided in subdivision (d):
(1) A person with experience in the field of municipal or public finance and budgeting with a minimum of five years of relevant experience in that field.
(2) A person with experience in senior-level decision making decisionmaking in affordable housing development, preservation, and
operations and with a minimum of five years of relevant experience in that field.
(3) A person with experience in housing finance and with a minimum of five years of experience in that field.
(4) A person with experience in tenant rights organizing or advocacy and with a minimum of five years of experience in that field.
(5) A
person with experience in housing seniors or people with disabilities and with a minimum of five years of experience in that field.
(6) A person with experience as a legal expert advancing or enforcing fair housing policies on behalf of a community-based organization and with a minimum of five years of experience in that field.
(7) A person with experience in the management of large-scale housing construction projects and associated labor practices and with a minimum of five years of experience in that field.
(8) A person with a minimum of five years of lived experience as a low- or
moderate-income tenant (minimum five years) experiencing homelessness (minimum one year). or who has experienced being homeless for a minimum of one year.
(9) A person with a minimum of five years of lived experience as a low- or moderate-income tenant (minimum five years) or experiencing homelessness (minimum one year). or who has experienced being homeless for a minimum of one year.
(10) A recognized representative of employees at the Los Angeles Homeless Services Authority.
(11) A person with experience in managing, forming, serving, or operating community land trusts or community development corporations and with a minimum of five years of experience in that field.
(12) A young person between 18 and 24 years of age with demonstrated lived experience of homelessness, experience as a low- or moderate-income tenant, or demonstrated experience as an organizer or advocate for tenant rights with community based organizations, who shall be a nonvoting member.
(d) If, after making a good faith effort to select individuals who meet the
requirements of subdivision (c), the office Office of the inspector general Inspector General is unable to identify individuals who meet the requirements of subdivision (c), then no more than two members from one or more of the remaining areas of expertise may be selected, except in the case of paragraphs (8) and (9) of subdivision (c), which positions shall remain vacant until filled.
(e) A committee member may be removed from their position if a majority of the committee members votes for removal upon finding
that the committee member has violated a federal or state law, a regulation, a local ordinance, or a policy or practice of the agency, relative to ethical practices.
64718.1.
(a) The members of the citizens’ oversight committee shall be subject to the agency’s conflict-of-interest policies. The members shall have no legal action pending against the agency and are prohibited from acting in any commercial activity directly or indirectly involving the agency, such as being a consultant to the agency or to any party with pending legal actions against the agency during their committee tenure. Committee members shall not have direct commercial interest or employment with any public or private entity that receives funds authorized by this title.(b) The committee members shall receive a reasonable stipend as compensation, which shall be
set by the office Office of the inspector general Inspector General and shall be subject to board approval. A member may choose to waive this stipend in its entirety.
Each member of the committee shall serve for a term of five years, and until a successor is appointed, except that initial appointments may be staggered with terms of three
years as proposed by the inspector general. Inspector General.
(c) A committee member shall serve no more than two terms on the committee.
(d) Any member may, at any time, resign from the committee upon written notice delivered to the agency. Acceptance of any public office, the filing of intent to seek public office, including a filing under Section 85200, or change of residence to outside Los Angeles County shall constitute a member’s automatic resignation.
(e) The members shall elect a chair and vice chair at the first meeting
of the citizens’ oversight committee. The chair and vice chair shall each serve a renewable one-year term for as long as the chair or vice chair is eligible to serve on the commission.
64718.2.
The committee shall, at a minimum, meet on a quarterly basis to carry out its responsibilities and is hereby charged with the following responsibilities:(a) The committee shall have the annual responsibility to consider and approve the annual expenditure plan pursuant to subdivision (e) (c) of Section 64830 64717.5 as a precondition to approval by the
full board of directors.
(b) Each recipient of revenue under this title shall contract for an annual audit, to be completed within six months after the end of the fiscal year being audited, for the purpose of determining compliance by the recipient with the provisions of this title relating to the receipt and expenditure of revenues during the fiscal year.
The audit shall be required by any contract between the agency and any recipient. The board may establish standards for these audits, and the committee may provide input on the standards for recipients that are not public agencies. Audits of public agencies shall comply with generally applicable standards. The committee shall review the results of the audits and audits, prepare an annual report on the audits, and hold an annual public hearing to report on the results of the audits.
(c) The agency, led by the Office of the Inspector General and in partnership
with the Citizens Oversight Committee, citizens’ oversight committee, shall conduct a comprehensive review of all projects and programs implemented under the expenditure plan every five years. The review shall evaluate project and program performance and make recommendations to improve plan performance, based on current practices, best practices, and organizational changes that could improve coordination.
(d) The agency shall establish an internet website dedicated to the oversight of
demonstrating compliance with this title. The internet website shall include the agency’s periodic financial reports and its current adopted plans required by this title. The committee shall review all audits and hold an annual public hearing to report on the results of the audits. All audit reports, findings, and recommendations shall be made accessible to the public on the internet website prior to the public hearing and upon request.
(e) The committee may review all of the following, in its discretion:
(1) For each agency area of focus, the efficiency and effectiveness of the agency’s use of funds.
(2) For local direct allocations of funding pursuant to subdivision (b) of Section 64830.5, the programmed program revenues and uses for each local jurisdiction.
(3) The percentage of the expenditure plan expenditures compared to project milestone completion.
CHAPTER
3. Powers of the Los Angeles County Affordable Housing Solutions Agency
64720.
In implementing this title, the agency may do all of the following:(a) Place on the ballot in Los Angeles County, including all of its incorporated cities, funding measures, in accordance with applicable constitutional and statutory
requirements, to raise and allocate funds to Los Angeles County, the cities in Los Angeles County, and other public agencies and affordable housing projects within its jurisdiction for purposes of preserving and enhancing existing housing, funding renter protection programs, and financing new construction of housing developments that are 100 percent affordable to households earning 80 percent of the relevant area median income or below, with a priority on the lowest levels of affordability.
(b) Apply for and receive grants from federal and state agencies.
(c) Incur and issue indebtedness and assess fees on the purchaser of any debt issuance and agency loan products for reinvestment of those fees and loan repayments in affordable housing production and preservation
in accordance with applicable constitutional requirements.
(d) Incur debt and issue bonds and otherwise incur liabilities or obligations in accordance with Article 2 (commencing with Section 64820) of Chapter 2 of Part 2, and in accordance with applicable constitutional requirements.
(e) Solicit and accept gifts, fees, grants, and other allocations from public and private entities.
(f) Deposit or invest moneys of the agency in banks or financial institutions in the state.
(g) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(h) Engage counsel and other professional services.
(i) Enter into and perform all necessary contracts.
(j) Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).
(k) Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.
(l) Assemble parcels Land bank, assemble parcels, and lease, purchase, or otherwise acquire land for
housing development. Sell or dispose of land or assets consistent with the agency’s purpose and eligible activities or where a parcel under the agency’s control is deemed to be inappropriate for housing development.
(m) Collect data on housing production and monitor progress on meeting regional and state housing goals.
(n) Provide support and technical assistance to local governments in relation to producing and preserving affordable housing.
(o) Provide public information about the agency’s housing programs and policies.
(p) Act in compliance with the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584))
6584) of Chapter 5 of Division 7 of Title 1.
1).
(q) Allocate and deploy capital and generated fees or income in the form of grants, loans, equity, interest rate subsidies, and other financing tools to the cities and other public agencies within the Los Angeles County area, and private affordable housing developers to finance affordable housing development, preserve and enhance existing affordable housing, and fund tenant protection programs, pursuant to this title, in accordance with applicable constitutional requirements.
(r) Collaborate with staff employed by the Los Angeles Metropolitan Transportation Authority with shared planning and services.
(s) Any other express or implied powers necessary to carry out the
intent and purposes of this title.
64720.3.
Both of the following shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code:(a) Any action taken by the agency to finance, fund, or issue grants, loans, or bonds.
(b) Any action taken by the agency to purchase or lease real property for the purpose of any of the following:
(1) The preservation of existing housing that involves negligible or no expansion of use.
(2) The development of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(3) The provision of technical assistance to local jurisdictions to promote affordable housing, including, but not limited to, drafting model affordable housing land use ordinances and policies and providing staff support to local jurisdictions.
64720.5.
(a) Any construction or rehabilitation project receiving funding or financing from the agency, a measure proposed by the agency pursuant to subdivision (a) of Section 64720, or a joint powers authority of which the agency is a member, including, but not limited to, a project with under 40 units, shall constitute a public work for which prevailing wages shall be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.(b) Any construction or rehabilitation on a project with 40 units or greater that receives funding or financing from the agency, a measure proposed by the agency pursuant to subdivision (a) of Section 64720, or a joint powers authority of which the agency is a member shall
be subject to the City of Los Angeles Department of Public Works PLA. For purposes of this subdivision, the number of units means the maximum number of units authorized in an entitlement granted by the land use permitting authority for the development project, regardless of whether construction or rehabilitation proceeds in phases or ownership is divided.
(c) Notwithstanding subdivision (b), if a specific countywide project labor agreement is negotiated with mutual agreement between the Los Angeles/Orange Counties Building and Construction Trades Council and the Southern California Association of Nonprofit Housing and approved by the agency, then a contractor performing construction or rehabilitation work on a project that receives funding or financing from the agency, a measure proposed by the agency pursuant to subdivision (a) of Section 64720, or a joint powers authority of which the agency is a member shall be required to comply with the
specific countywide project labor agreement rather than the Department of Public Works PLA.
(d) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(e) For purposes of this subdivision, “Department of Public Works PLA” means the City of Los Angeles Department of Public Works Project Labor Agreement 2020-2030 with Los Angeles/Orange Counties Building and Construction Trades Council, effective August 25, 2021.
64721.
(a) If the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section 64720 that will generate revenues, the board of supervisors of Los Angeles County Board of Supervisors shall call a special election on the measure. The special election shall be consolidated with a statewide election and the measure shall be submitted to the voters of Los Angeles County.(b) (1) For the purpose of placement of a measure on the ballot, the
agency is a district, as defined in Section 317 of the Elections Code. Except as otherwise provided in this section, a measure proposed by the agency or by a qualified voter initiative that requires voter approval shall be submitted to the voters of Los Angeles County, as determined by the agency, in accordance with the provisions of the Elections Code applicable to districts, including the provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.
(2) Because the agency has no revenues as of the operative date of this section, the appropriations limit for the agency shall be originally established based on receipts from the initial measure that would generate revenues for the agency pursuant to
as described in
subdivision (a), and that establishment of an appropriations limit shall not be deemed a change in an appropriations limit for purposes of Section 4 of Article XIII B of the California Constitution.
(c) (1) Notwithstanding Section 10520 of the Elections Code, for any election at which the agency or a qualified voter initiative proposes a measure pursuant to subdivision (a) of Section 64720 that would generate revenues, the agency shall reimburse Los Angeles County for the incremental costs incurred by the county elections official related to submitting the measure to the voters with any eligible funds transferred to the agency.
(2) For purposes of this subdivision, “incremental costs” include all of the following:
(A) The cost to prepare, review, and revise the impartial analysis of the measure.
(B) The cost to prepare a translation of ballot materials into a language other than English by the county.
(C) The additional costs that exceed the costs incurred for other election races or ballot measures, if any, appearing on the same ballot in Los Angeles County, including both of the following:
(i) The printing and mailing of ballot materials.
(ii) The canvass of the vote regarding the measure pursuant to Division 15 (commencing with Section 15000) of the Elections Code.
(d) Notwithstanding Section 9313 of the Elections Code, the legal counsel for the board shall prepare an impartial analysis of the measure. The impartial analysis prepared by the legal counsel for the board shall be subject to review and revision by the county counsel.
(e) The summary of the annual expenditure plan shall be prepared by the board and include all of the following:
(1) A description of the purpose and goals of the measure.
(2) A description of the categories of eligible expenditures to be funded.
(3) An estimate of the number of affordable housing units to be built or preserved by
household income category served, and a description of any specific projects planned to be funded.
(4) An estimate of minimum funding levels to be provided to different expenditure categories.
(5) An overview of decisionmaking and oversight provisions applicable to the funds.
(f) The county elections official for Los Angeles County shall serve as the elections official of the agency for purposes of administering the ballot measure process and any election for the purposes set forth in this chapter. In the alternative, the board, at its discretion, may appoint an elections official to administer any election for the purposes set forth in this chapter. If the board appoints an elections official, the board may authorize
that elections official to retain the services of the elections official of Los Angeles County to administer the ballot measure process and any election, and the elections official of Los Angeles County shall perform those services.
64722.
The board and the agency shall not do either of the following:(a) Regulate or enforce local land use decisions.
(b) Acquire property by eminent domain.