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SB-1344 San Gabriel Valley Regional Housing Trust: joint powers authority.(2021-2022)



Current Version: 03/16/22 - Amended Senate

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SB1344:v98#DOCUMENT

Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1344

Introduced by Senator Rubio

February 18, 2022

An act to amend Section 6539.6 of the Government Code, relating to joint powers.


LEGISLATIVE COUNSEL'S DIGEST


SB 1344, as amended, Rubio. San Gabriel Valley Regional Housing Trust: joint powers authority.
The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law authorizes the agreement to set forth the manner by which the joint powers authority will be governed.
Existing law authorizes the creation of the San Gabriel Valley Regional Housing Trust, a joint powers authority, by the County of Los Angeles and any or all of the cities within the jurisdiction of the San Gabriel Valley Council of Governments, with the stated purpose of funding housing to assist the homeless population and persons and families of extremely low, very low, and low income within the San Gabriel Valley region. Existing law requires the San Gabriel Valley Regional Housing Trust to be governed by a board of directors, composed of 9 members who serve 2-year terms. Existing law requires that 7 of the 9 members be either a local elected official from the County of Los Angeles or a member of a city council from a city that is a member of the San Gabriel Valley Council of Governments that represents either a city that is a party to the joint powers agreement or a specified County of Los Angeles board of supervisors district. Existing law requires the remaining 2 of the members to be experts in homelessness or housing policy and to meet prescribed eligibility requirements.

This bill would make a nonsubstantive change to the provision creating the San Gabriel Valley Regional Housing Trust.

This bill would additionally authorize the Cities of Chino, Montclair, and Ontario to enter into a joint powers agreement, as described above, relating to the San Gabriel Valley Regional Housing Trust. The bill would increase the number of members on the board of directors of the trust from 9 to 10 and would require that the additional member be a council member recommended and currently serving within the City of Chino, Montclair, or Ontario, if one or more of those cities is a party to the joint powers agreement. The bill would require that this member’s seat rotate among council members of those cities every 2 years. The bill would revise the duties of the 2 homelessness or housing policy expert members of the board to require that one of these members be an advisory member without voting rights. The bill would revise the duties of the San Gabriel Valley Regional Housing Trust to authorize it to fund housing to assist the homeless population and persons and families of extremely low, very low, and low income within the jurisdiction of its member cities. The bill would make additional technical and conforming changes.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of Chino, Montclair, and Ontario.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6539.6 of the Government Code is amended to read:

6539.6.
 (a) (1) Notwithstanding any other law, the County of Los Angeles and Angeles, any or all of the cities within the jurisdiction of the San Gabriel Valley Council of Governments Governments, and the Cities of Chino, Montclair, and Ontario may enter into a joint powers agreement pursuant to this chapter to create and operate a joint powers agency to fund housing to assist the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, within the San Gabriel Valley region. the jurisdiction of its member cities.
(2) The joint powers agency created pursuant to this section shall be known as the San Gabriel Valley Regional Housing Trust, and shall be created and operate pursuant to this section.
(b) (1) The San Gabriel Valley Regional Housing Trust shall be governed by a board of directors consisting of nine 10 directors appointed by the governing board of the San Gabriel Valley Council of Governments. Governments, as follows:
(A) One member of the board shall be a council member recommended and currently serving within the City of Chino, Montclair, or Ontario, provided that one or more of these cities is a party to the joint powers agreement. This seat on the board shall rotate among recommended and currently serving council members of the Cities of Chino, Montclair, and Ontario and shall rotate every two years. This position shall have voting rights under the San Gabriel Valley Regional Housing Trust.

(2)(A)

(B) Seven members of the board of directors shall be local elected officials from the County of Los Angeles or members of a city council from a city that is a member of the San Gabriel Valley Council of Governments party to the joint powers agreement that represents either of the following:
(i) A city that is a party to the joint powers agreement.
(ii) A County of Los Angeles board of supervisors district that is located wholly or partially within the territory of the San Gabriel Valley Council of Governments, if the county is a party to the joint powers agreement.

(B)

(C) Two members of the board of directors shall be experts in homeless homelessness or housing policy. One expert shall be a voting member and the other expert shall serve as an advisor without any voting rights. These experts shall meet all of the following criteria:
(i) They shall not be local elected officials or employees of a city that currently has a representative on the board of directors.
(ii) They shall have regional experience with affordable housing projects in multiple San Gabriel Valley cities. within the San Gabriel Valley Regional Housing Trust’s jurisdiction.
(iii) They shall have at least five years of experience in homeless homelessness or housing policy.

(3)

(2) The board of directors shall elect a chairperson and a vice chairperson from among its members at the first meeting held in each calendar year.

(4)

(3) (A) Members of the board of directors shall serve without compensation.
(B) Members of the board of directors may be reimbursed for actual expenses subject to the approval of the governing board of the San Gabriel Valley Council of Governments. Actual expenses shall be approved before they are incurred.

(5)

(4) (A) A member of the board of directors shall serve a term of two years. After initial members of the board are selected, the governing board of the San Gabriel Valley Council of Governments shall designate staggered terms for the board of directors to require five members to be appointed in odd-numbered years and four five members to be appointed in even-numbered years.
(B) Notwithstanding subparagraph (A), staggered terms shall be established by drawing lots at the first meeting of the board so that a simple majority of the members shall initially serve a two-year term, and the remainder shall initially serve a one-year term.
(C) If a vacancy occurs on the board of directors, the governing board of the San Gabriel Valley Council of Governments shall appoint a qualified individual to fill the vacancy within 60 days of the vacancy. An appointment to fill a vacancy pursuant to this subparagraph shall be effective only for the remainder of the term of the office that became vacated.

(6)

(5) Each member of the board of directors that represents a city that is a party to the joint powers agreement shall be a resident of a different city.
(c) Notwithstanding any other law, the San Gabriel Valley Regional Housing Trust 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.
(3) Authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received pursuant to paragraph (2) and pledged by the San Gabriel Valley Regional Housing Trust.
(d) The San Gabriel Valley Regional Housing Trust shall incorporate into its joint powers agreement annual financial reporting and auditing requirements that shall maximize transparency and public information as to the receipt and use of funds by the agency. The annual financial report shall show how the funds have furthered the purposes of the San Gabriel Valley Regional Housing Trust.
(e) The San Gabriel Valley Regional Housing Trust shall comply with the regulatory guidelines of each specific state funding source received.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions found in the Cities of Chino, Montclair, and Ontario.