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The General Manager Community Development shall have the power to appoint and remove an Assistant General Manager Community Development and such Deputy General Managers as may be authorized, who shall assist the General Manager in the performance of the General Manager’s duties. The Assistant General Manager and the Deputy General Managers shall not be appointed or removed except in accordance with the civil service provisions of the Los Angeles City Charter, including the provisions of the Los Angeles City Charter permitting exemption from civil service pursuant to Sec. 1001 of the Charter.
The Assistant General Manager Community Development shall be authorized to exercise all powers and duties of the General Manager in the General Manager’s absence.
The Deputy General Managers shall direct the work of their respective staffs, as well as other projects, programs and activities assigned by the General Manager.
SECTION HISTORY
Added by Ord. No. 148,792, Eff. 10-16-76, Oper. 1-1-77.
Amended by: Ord. No. 173,290, Eff. 6-30-00, Oper. 7-1-00.
a. Subject to the provisions of this chapter, as well as applicable Federal and State, and local laws, the General Manager Community Development shall:
1. Have full charge and control of all work of the Department;
2. Be responsible, upon the provision of resources, for the proper administration of its activities including the community development, comprehensive employment and training, community analysis, funded by the Federal Government or the State of California or a County through various Federal, State or County departments via grants-in-aid, block grants, special revenue sharing, loans, and other community development programs, and other activities assigned by the Council and the Mayor.
3. Recommend to the Council and Mayor for their approval community development plans and programs pursuant to the purpose of the Department as set forth in this chapter;
4. Prepare and maintain a comprehensive analysis of the City relative to physical, economic and social factors of community development;
5. Provide technical assistance and information relative to community development to City departments, bureaus, agencies, officers and offices;
6. Prior to the beginning of each fiscal year submit an annual administrative budget covering the anticipated revenues and expenditures of the Department conforming to the forms and dates provided in the Charter and ordinances in relation to the general City budget;
7. From time to time prepare for consideration of the Council and the Mayor plans for utilization of funds available for community development purposes, such as Housing and Community Development Act, and CETA funds.
8. Expend the funds of the Department in accordance with the provisions of the budget appropriations or appropriations made subsequent to the budget;
9. Certify all expenditures to the Chief Accounting Employee of the Department;
10. Execute contracts and contract amendments, subject to the provisions of the Charter, on behalf of the City to implement projects previously approved by the Council and the Mayor as to scope, dollar amount, area and persons served in approving Federal or State grant award contracts for receipt of financial or technical assistance. Prior to execution, such contracts and contract amendments shall be approved by the Council and Mayor, subject to approval by the City Attorney as to form and legality. Provided, however, that the General Manager shall have the power to execute modifications to contracts with parties other than grantors as indicated hereafter. Such modifications shall be serially numbered or alphabetically lettered for each contract modified, shall be duly executed by the appropriate parties, approved as to form by the City Attorney, and shall be filed with the City Clerk, the Controller, and other interested agencies. It is the intent of this paragraph to provide for the expeditious processing of contracts and administrative requirements thereto in order to implement programs, projects and contracts approved by the Mayor and Council. It is not the intent that this paragraph be used to make substantial changes or modifications of contracts, programs, or projects not consistent with the intent of the Mayor and Council. This paragraph shall apply to modifications to contracts as follows:
a. Adjust funds between cost categories within contracts. Funds may be reallocated between costs categories, provided such reallocation does not alter the scope of service or general level services specified in the contract. Adjustments may not increase or decrease the cost categories in excess of $25,000 per adjustment up to a maximum of $25,000 per each Council approved contract period.
b. Review and approve all modifications which change any salaries or fringe benefits.
c. Non-Financial Modifications. Contracts may be modified to correct administrative errors or oversights, to modify the term, to modify the conditions, etc., provided the modifications do not change the scope or level of services to be provided, or the area or segment of the population to be served.
d. Modifications which must comply with policies and procedures established by the Director of the Office of Administrative and Research Services include the following: modifications to change the contract funding level by an amount not to exceed $1,000 per Council approved contract period to correct administrative errors, oversights, provide for unanticipated costs increases of contract items previously budgeted or provide for other costs deemed reasonable and necessary by the General Manager, provided that the modification does not substantially change the scope or level of service to be provided or the area or segment of the population to be served. Accordingly, subject to the prior approval of the Director of the Office of Administrative and Research Services, funds of not more than $1,000 per Council approved contract period may be transferred between project contracts accounts of all special funds administered by the Department. Notwithstanding the foregoing, modifications which are not within the prerogative of the City shall not be made without prior written authorization of the grantor.
b. It is anticipated that financial assistance for community development programs and projects will include, among other sources, Federal general and/or special revenue sharing grants, State funds, County funds, City appropriated funds and other funds and that such funds shall be applied to redevelopment, water, sewage, open space, neighborhood facilities, community programs, model neighborhood programs, employment and training, and other community development activities. The Department is intended to serve as the entity responsible for carrying out or causing to be carried out community development programs with such funds.
c. The Department is further intended to serve as the entity responsible for planning and coordinating of remedial community development activities which are to be executed by the Community Development Department and other City departments. Subject to the approval of the Mayor and the Council, approved funding for community development projects shall be provided in the budget for the Community Development Department and such other City departments or other governments/agencies as may be responsible for assisting in the execution of community development activities.
SECTION HISTORY
Added by Ord. No. 148,792, Eff. 10-16-79, Oper. 1-1-77.
Amended by: Subsec. a.10., Ord. No. 152,954, Eff. 10-26-79; Subsec. a.2., a.7., and b., Ord. No. 157,596, Eff. 5-15-83; Subsec. a.2. and b., Ord. No. 166,009, Eff. 8-2-90; Ord. No. 170,123, Eff. 11-23-94; Subsec. d. added, Ord. No. 170,388, Eff. 3-18-95; Ord. No. 173,363, Eff. 7-29-00, Oper. 7-1-00.
The Community Development Department shall provide procedures and assistance to ensure compliance with the legal requirements for citizen participation in activities administered by the Department
SECTION HISTORY
Added by Ord. No. 148,792, Eff. 10-16-76, Oper. 1-1-77.
All departments, employees, and officers of the City of Los Angeles shall cooperate to the fullest extent with the Community Development Department; provided, however, that no such department or officer shall be required to do anything in this connection which would conflict with the lawful, proper and necessary conduct of the department’s or officer’s duties as provided by the Los Angeles City Charter.
SECTION HISTORY
Added by Ord. No. 148,792, Eff. 10-16-76, Oper. 1-1-77
(a) Definitions. The following words and phrases, whenever used in this section, shall be construed as defined herein. Words and phrases not defined herein shall be construed as defined in Sections 12.03 or 91.0401 of the Los Angeles Municipal Code, if defined therein.
Affordable Housing Facility. Either: (1) a building containing one or more dwelling units, or (2) a Single Room Occupancy Hotel, which in either case is used for rental and occupancy by a low income household or a very low income household and which is, pursuant to this section, newly constructed or rehabilitated and is located within the City of Los Angeles. The rents for these units shall not exceed the maximum allowable rent.
Community Based Non-profit. An organization which complies with either Internal Revenue Code Section 501(c)3 or 501(c)4, and whose stated purpose includes the development, ownership, or management of affordable housing for low and very low income households.
Department. The Housing Department of the City of Los Angeles.
Low Income Household. A household whose income does not exceed 80% of the Los Angeles Area Standard Metropolitan Statistical Area (SMSA) median income as established by the U.S. Department of Housing and Urban Development (HUD) and as adjusted for family size.
Maximum Allowable Rent. The maximum rent that may be charged on any dwelling unit in an Affordable Housing Facility pursuant to this section. This amount shall be based upon:
(1) 25% of 80% of the median income is adjusted for bedroom and family size for low income households and
(2) upon 25% of 50% of the median income is adjusted for bedroom and family size for very low income households as determined by the Housing Department.
Public Financing Source. Funding or credits obtained from any of the following sources: Federal Low Income Housing Tax Credits, State Low Income Housing Tax Credits, Housing and Community Development Block Grant, Housing Development Action Grant, Proposition 77 (California Earthquake Safety and Housing and Homeless Bond Act of 1988), Proposition 84 (California Housing and Homeless Bond Act of 1988), the California Housing Rehabilitation Program, the California Rental Housing Construction Program, the California Family Housing Demonstration Program, or tax increment revenues.
Rehabilitated Unit. A dwelling unit in a building or structure that has been made to comply with Division 88 of Article 1 of Chapter IX of the Los Angeles Municipal Code (Earthquake Hazard Reduction in Existing Buildings) subsequent to citation of noncompliance with Division 88 of Article 1 of Chapter IX and with both of the following:
(1) any applicable provisions of the Los Angeles Municipal Code, and
(2) any habitability requirements, as set forth in Title 24, Part 882, Section 109 of the Code of Federal Regulations.
Single Room Occupancy Hotel. An apartment building, hotel, or other structure containing six (6) or more guest rooms in which thirty percent (30%) or more of the units do not contain a private bath and toilet facility within the unit.
Very Low Income Household. A household whose income does not exceed 50% of the Los Angeles area Standard Metropolitan Statistical Area (SMSA) median income as established by the U.S. Department of Housing and Urban Development (HUD) and is adjusted for family size.
(b) Credits. The developer or project owner required to pay a fee pursuant to the Affordable Housing Mitigation Fee Ordinance shall receive a credit against the fee by providing Affordable Housing Facilities within a ten (10) mile radius of the project which received notice pursuant to Los Angeles Municipal Code Section 91.0304(k). The facility shall be credited by the Department against the requirement of the payment of a mitigation fee for affordable housing purposes in an amount listed in this section.
However, the Department shall first find that the following standards have been met:
(1) That each dwelling unit qualifying for a credit is located within an Affordable Housing Facility, subject to a document in favor of the City recorded in the Office of the Los Angeles County Recorder against the site of the Affordable Housing Facility restricting the use and occupancy of the facility for very low or low income households, and the rent is restricted to maximum allowable rent for at least thirty (30) years or for the life of the building, whichever is longer; and
(2) That the applicant for any credit had received notice pursuant to Section 91.0304(k) of the Los Angeles Municipal Code prior to the effective date of an Affordable Housing Mitigation Fee Ordinance.
(c) Requirements. Immediately following the effective date of an Affordable Housing Mitigation Fee Ordinance, the Department shall issue written notification to each developer or project owner who is subject to that ordinance. This notification shall state the amount of the fee imposed by that ordinance for that development or project. Subsequent to the mailing of this notification, the developer or project owner shall either:
(1) Present to the Department within thirty (30) calendar days a Certificate of Occupancy dated after the effective date of this section for all Affordable Housing Facilities which are intended to qualify as a credit pursuant to this section; or
(2) Complete both of the following:
(a) Post with the Department within thirty (30) calendar days an irrevocable letter of credit equal to the amount of the fee imposed. The letter of credit shall name the City of Los Angeles as the recipient and beneficiary. The letter of credit may be drawn upon to cover any Affordable Housing Mitigation Fee if the project intended to qualify as a credit does not receive a Certificate of Occupancy within the time requirements, including any extensions, of this section; and
(b) present to the Department a Certificate of Occupancy for the Affordable Housing Facilities which are intended to qualify as a credit pursuant to this section within the later of either:
(1) Twelve (12) months from the initial issuance of the letter of credit; or
(2) Twelve (12) months from the date of any Certificate of Occupancy first issued for the project which received notice pursuant to Los Angeles Municipal Code Section 91.0304(k).
The Department shall grant to the developer or project owner a credit for any Affordable Housing Facilities in an amount as established in this section.
(d) Regulations. Upon the direction of the City Council, the Department shall promulgate regulations in order to effectuate the purpose of this section. These regulations shall become effective upon approval by the City Council and publication once in a daily newspaper of general circulation in the City of Los Angeles.
(e) Amount of Credit.
(1) Credits in the following amounts shall be granted when the developer or project owner certifies that no funds from public financing sources were used for the Affordable Housing Facility for which credit is sought:
(A) The credit granted for each newly constructed unit in an Affordable Housing Facility shall be in the following amounts:
Single Room Occupancy Hotel guest rooms: $40,000 for very low income and $32,000 for low income.
Single room units: $71,500 for very low income and $55,000 for low income.
One bedroom units: $76,500 for very low income and $60,000 for low income.
Two bedroom units: $86,500 for very low income and $70,000 for low income.
Three bedroom units: $96,500 for very low income and $80,000 for low income.
Additional rooms: Each additional room in excess of three bedrooms shall be $10,000 per additional room.
(B) The amount of the credit granted for each Rehabilitated Unit in an Affordable Housing Facility shall be in the following amounts:
Single room units and single room occupancy hotel guest rooms: $25,000 for very low income and $19,600 for low income.
One bedroom: $25,000 for very low income and $19,600 for low income.
Two bedroom: $30,000 for very low income and $23,400 for low income.
Three bedroom: $35,000 for very low income and $27,300 for low income.
(2) Credits in the following amounts shall be granted when the Department determines that funds from one or more public financing sources have been used in developing the Affordable Housing Facility:
(A) If the Department determines that a community based non-profit is involved with the development of the Affordable Housing Facility, then the credit granted to a developer or project owner for each unit shall be fifty percent (50%) of the credit amounts set forth in Subsection (e).
(B) If the Department determines that a community based non-profit is not involved with the development of the Affordable Housing Facility, then the credit granted to a developer or project owner for each unit shall be thirty-three percent (33%) of the credit amounts set forth in Subsection (e).
(f) Extensions of Time. A developer or project owner may obtain one or more extensions of up to six (6) months each in order to complete the Affordable Housing Facilities pursuant to this section. An extension may be obtained by submitting an application to the Director of Planning with a copy to the Mayor’s office upon the forms supplied by the Department of Planning. An extension of time may be granted by the Director of Planning subsequent to a determination that the extension of time for compliance with this section is reasonable. The determination shall be made based on consideration of the following factors:
Whether significant activity is proceeding upon the project including, but not limited to, the acquisition of land, completion of project plans, and an application for necessary City approvals is deemed to be complete pursuant to Government Code Section 65950.
SECTION HISTORY
Added by Ord. No. 165,531, Eff. 4-5-90.
Amended by: Ord. No. 182,718, Eff. 10-30-13; Ord. No. 187,122, Eff. 8-8-21.
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