Bills

AB 1038: Surplus residential property: City of Pasadena: City of South Pasadena.

Session Year: 2023-2024
House: Assembly
Latest Version Date: 2024-09-22

Current Status:

Passed

(2024-09-22: Chaptered by Secretary of State - Chapter 347, Statutes of 2024.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

(1)Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow, including specified procedures for the sale of specified property in the City of Pasadena and the City of South Pasadena.

Under existing law, a state agency disposing of surplus residential property in the City of Pasadena is required to first offer the property to former owners and present occupants, as specified, then to specified present tenants at fair market value, and then, if not occupied by tenants, to the city, subject to terms and conditions that include the use of proceeds generated from the subsequent sale of unoccupied homes to finance the production or acquisition of affordable housing units, as prescribed. Existing law also requires, if the City of Pasadena does not resell a surplus residential property within 2 years of closure of the sale, that the property be used as affordable housing pursuant to prescribed provisions of existing law applicable to the City of South Pasadena. Existing law requires the City of Pasadena to commence construction or complete acquisition of all affordable units numbering at least 3 times the total number of unoccupied homes acquired by the city by December 31, 2026. After the foregoing order of offers, existing law requires the property in the City of Pasadena to be offered in accordance with specified generally applicable existing law. Existing law requires the Department of Transportation, before selling unimproved property within the State Route 710 corridor (SR710 corridor) in the City of Pasadena, to offer to sell the property to a housing-related entity for affordable housing purposes, pursuant to specified terms and conditions, but at the price paid by the department for original acquisition.

Similar provisions govern a state agency disposing of surplus residential property in the City of South Pasadena. Existing law specific to the City of South Pasadena requires that a property within the City of South Pasadena that has a historic home not occupied by tenants be offered to the city, as prescribed. Existing law specific to the City of South Pasadena on the order of offers then requires that surplus residential property be offered to the City of South Pasadena, as a housing-related entity, and then to another housing-related entity, subject to prescribed terms and conditions, including the propertys use as affordable housing.

This bill would revise the City of South Pasadena provisions to more closely parallel the City of Pasadena provisions. The bill, in the case of the City of South Pasadena, would add to the terms and conditions for the use of property for affordable housing by the City of South Pasadena the requirements that any parcel used for the development of specified affordable units be granted streamlined ministerial approval and that such parcels be exempt from any initiative or other measure that may preclude achieving maximum densities, including, but not limited to, any height restriction requirements. The bill would make related findings. The bill would require the City of South Pasadena to commence construction or complete acquisition of all affordable units numbering at least 3 times the total number of unoccupied homes acquired by the city by July 1, 2028.

This bill would require, for both cities, that if a surplus residential property purchased by a housing-related public entity is not resold as provided, that the property be used as affordable housing, subject to prescribed requirements. The bill, with regard to the SR710 corridor unimproved properties, would require the department to offer to sell the property to the City of Pasadena or the City of South Pasadena as a housing-related entity for affordable housing purposes, and then to another housing-related entity, pursuant to prescribed terms and conditions.

This bill, by imposing new requirements on the City of Pasadena and the City of South Pasadena, would impose a state-mandated local program.

(2)Existing law, known as the Administrative Procedure Act, governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Under existing law, a regulation, amendment, or repeal adopted as an emergency regulatory action may only remain in effect for up to 180 days, unless the adopting agency complies with specified requirements relating to notice of regulatory action and public comment. Existing law required the Department of Transportation to file and adopt emergency regulations for specified provisions of law relating to surplus residential property along the SR 710 corridor and authorized those emergency regulations to remain in effect until specified dates, notwithstanding the 180-day limit for emergency regulations.

This bill would, notwithstanding the 180-day limit for emergency regulations and for any of those emergency regulations in effect on September 15, 2024, extend the effective date of those emergency regulations to January 31, 2026, or until permanent regulations are adopted. The bill would also, notwithstanding the 180-day limit for emergency regulations, provide that any necessary emergency regulations adopted by the department to implement the bill shall remain in effect until January 31, 2026, or until new emergency regulations are adopted.

(3)This bill would also make conforming changes.

(4)This bill would make findings regarding the public purpose served by the bill.

(5)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pasadena and the City of South Pasadena.

(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(7)This bill would declare that it is to take effect immediately as an urgency statute.

This bill, by imposing new requirements on the City of Pasadena and the City of South Pasadena, would impose a state-mandated local program.

(3)This bill would also make conforming changes.

(4)This bill would make findings regarding the public purpose served by the bill.

(5)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pasadena and the City of South Pasadena.

This bill would provide that no reimbursement is required by this act for a specified reason.

(7)This bill would declare that it is to take effect immediately as an urgency statute.

This bill would require, for both cities, that if a surplus residential property purchased by a housing-related public entity is not resold as provided, or if such property is offered to and purchased by a housing-related private entity, as specified, that the property be used as affordable housing, subject to prescribed requirements. The bill, with regard to the SR710 corridor unimproved properties, would require the department to offer to sell the property to the City of Pasadena or the City of South Pasadena as a housing-related entity for affordable housing purposes, and then to another housing-related entity, pursuant to prescribed terms and conditions.

This bill, by imposing new requirements on the City of Pasadena and the City of South Pasadena, would impose a state-mandated local program.

The

(3)This bill would also make conforming changes.

(2)

(4)This bill would make findings regarding the public purpose served by the bill.

(3)

(5)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pasadena and the City of South Pasadena.

(4)

This bill would provide that no reimbursement is required by this act for a specified reason.

(5)

(7)This bill would declare that it is to take effect immediately as an urgency statute.

This bill, by imposing new requirements on the City of Pasadena and the City of South Pasadena, would impose a state-mandated local program.

The bill would also make conforming changes.

(2)This bill would make findings regarding the public purpose served by the bill.

(3)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Pasadena and the City of South Pasadena.

(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(5)This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of child care and development services for children up to 13 years of age. The act requires the department to contract with entities organized to operate family childcare home education networks that support educational objectives for children in licensed family childcare homes that serve families eligible for subsidized care. Existing law requires the family childcare home education network programs to include certain components, including an assessment of each family childcare home provider to ensure that services are of high quality and are educationally and developmentally appropriate. Existing law also imposes various requirements on family childcare home education network contractors, including ensuring that a developmental profile is completed for each child.This bill would require that tools used to make the family assessments be appropriate to family childcare home settings, and would require a family childcare home education network program to maintain a developmental portfolio for each child, as provided, and include opportunities for parent involvement. This bill would impose additional requirements on family childcare home education network contractors, including that the developmental profiles specified above be completed in accordance with the providers observations, and that the contractors conduct site visits and offer training and technical assistance to providers, as specified. The bill would also impose various duties on family childcare home education network providers, including requiring providers to adopt and use a curriculum and to provide age-appropriate and developmentally appropriate educational activities for children.

This bill would require that tools used to make the family assessments be appropriate to family childcare home settings, and would require a family childcare home education network program to maintain a developmental portfolio for each child, as provided, and include opportunities for parent involvement. This bill would impose additional requirements on family childcare home education network contractors, including that the developmental profiles specified above be completed in accordance with the providers observations, and that the contractors conduct site visits and offer training and technical assistance to providers, as specified. The bill would also impose various duties on family childcare home education network providers, including requiring providers to adopt and use a curriculum and to provide age-appropriate and developmentally appropriate educational activities for children.

Existing law prohibits a contracting agency from expelling or unenrolling a child in the California state preschool program because of a childs behavior, except as provided. The California Child Day Care Facilities Act requires the State Department of Social Services to consider, in determining whether to issue a citation or impose civil liability pursuant to the act to a child daycare facility that contracts with the State Department of Education whether the child daycare facility is in the process of complying with the above law relating to the expelling or unenrolling of a child in the California state preschool program, as provided. Existing law requires that, upon presentation of evidence by the facility that it was in the process of complying with the above law, the department must withdraw all citations or civil penalties.This bill would require those citations or civil penalties to be withdrawn within 30 days.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 54237 of the Government Code is amended to read:54237.

(a)Notwithstanding Section 11011.1, an agency of the state disposing of surplus residential property shall do so in accordance with the following priorities and procedures:

(1)First, all single-family residences presently occupied by their former owners shall be offered to those former owners at the appraised fair market value.

(2)Second, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property for two years or more and who are persons and families of low or moderate income.

(3)Third, all single-family residences shall be offered, pursuant to this article, to their present occupants who have occupied the property for five years or more and whose household income does not exceed 150 percent of the area median income.

(4)Fourth, a single-family residence shall not be offered, pursuant to this article, to present occupants who are not the former owners of the property if the present occupants have had an ownership interest in real property in the last three years.

(b)Single-family residences offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a) shall be offered to those present occupants at an affordable price. The price shall not be less than the price paid by the agency for original acquisition, unless the acquisition price was greater than the current fair market value, and shall not be greater than fair market value. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions to ensure that the housing will remain available to persons and families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for these prices, terms, conditions, and restrictions. The selling agency shall provide repairs required by lenders and government housing assistance programs, or, at the option of the agency, provide the present occupants with a replacement dwelling pursuant to Section 54237.5.

(c)If single-family residences are offered to their present occupants pursuant to paragraphs (2) and (3) of subdivision (a), the occupants shall certify their income and assets to the selling agency. When a single-family residence is offered to present occupants at a price that is less than fair market value, the selling agency may verify the certifications, in accordance with procedures used for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency and with regulations adopted for the verification of assets by the United States Department of Housing and Urban Development. The income and asset limitations and term of residency requirements of paragraphs (2) and (3) of subdivision (a) shall not apply to sales that are described as mitigation measures in an environmental study prepared pursuant to the Public Resources Code, if the study was initiated before this measure was enacted.

(d)(1)Except as otherwise provided in paragraph (2), all other surplus residential properties and all properties described in paragraphs (1), (2), and (3) of subdivision (a) that are not purchased by the former owners or the present occupants shall be then offered as follows:

(A)Except as required by subparagraph (B), the property shall be offered to a housing-related private or public entity at a reasonable price, which is best suited to economically feasible use of the property as decent, safe, and sanitary housing at affordable rents and affordable prices for persons and families of low or moderate income, on the condition that the purchasing entity shall cause the property to be rehabilitated and used as follows:

(i)If the housing-related entity is a public entity, the entity shall dedicate profits realized from a subsequent sale, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within the Cities of Pasadena, South Pasadena, Alhambra, La Canada Flintridge, and the 90032 postal ZIP Code.

(ii)If the entity is a private housing-related entity or a housing-related public entity, the entity shall cause the property to be developed as limited equity cooperative housing with first right of occupancy to present occupants, except that where the development of cooperative or cooperatives is not feasible, the purchasing entity shall cause the property to be used for low- and moderate-income rental or owner-occupied housing, with first right of occupancy to the present tenants. The price of the property in no case shall be less than the price paid by the entity for original acquisition unless the acquisition price was greater than current fair market value and shall not be greater than fair market value. Subject to the foregoing, it shall be set at the level necessary to provide housing at affordable rents and affordable prices for present tenants and persons and families of low or moderate income. When residential property is offered at a price that is less than fair market value, the selling agency shall impose terms, conditions, and restrictions that will ensure that the housing will remain available to persons and families of low or moderate income. The Department of Housing and Community Development shall provide to the selling agency recommendations of standards and criteria for prices, terms, conditions, and restrictions.

(B)(i)If the property is a historic home, the property shall be offered first to a housing-related public entity subject to clause (i) or (ii) of subparagraph (A) or to a nonprofit private entity dedicated to rehabilitating and maintaining the historic home for public and community access and use subject to clause (ii) of subparagraph (A).

(ii)For purposes of this subdivision, historic home means single-family surplus residential property that is listed on, or for which an application has been filed for listing on, at least one of the following by January 1, 2015:

(I)The California Register of Historical Resources, as established pursuant to Article 2 (commencing with Section 5020) of Chapter 1 of Division 5 of the Public Resources Code.

(II)The National Register of Historic Places, as established pursuant to Chapter 3021 of Title 54 of the United States Code.

(III)The National Register of Historic Places, as previously established pursuant to the federal National Historic Preservation Act (54 U.S.C. Sec. 300101 et seq.).

(2)This subdivision shall not apply to properties offered for sale pursuant to Section 54239.1, 54239.5, or 54239.6.

(e)A surplus residential property not sold pursuant to subdivisions (a) to (d), inclusive, or Section 54239.1, 54239.5, or 54239.6, as applicable, shall then be sold at fair market value, with priority given first to purchasers who are present tenants in good standing with all rent obligations current and paid in full, second to former tenants who were in good standing at the time they vacated the premises, with priority given to the most recent tenants first, and then to purchasers who will be owner occupants. The selling agency may commence the sale of property that former tenants may possess a right to purchase as provided by this subdivision 30 days after the selling agency has done both of the following:

(1)Posted information regarding the sale under this subdivision on the selling agencys internet website.

(2)Made a good faith effort to provide written notice, by first-class mail, to the last known address of each former tenant.

(f)(1)Tenants in good standing of nonresidential properties shall be given priority to purchase, at fair market value, the property they rent, lease, or otherwise legally occupy.

(2)(A)A tenant in good standing of a nonresidential property shall be given priority to purchase, at the lesser of fair market value or value in use, if the tenant is a city or a nonprofit organization qualified as exempt under Section 501(c)(3) of the Internal Revenue Code.

(B)The Department of Transportation shall not sell a nonresidential property to a tenant described in subparagraph (A) at a value below the minimum sales price, as defined by Section 1476 of Title 21 of the California Code of Regulations as that regulation read on July 1, 2019.

(C)If a nonresidential property is offered at a price that is less than fair market value, the selling agency shall impose appropriate terms, conditions, and restrictions.

(D)As used in this paragraph, value in use means the value of a nonresidential property assuming a specific use, that may or may not be the propertys highest and best use on the effective date of the propertys appraisal.

SEC. 2.Section 54237.10 of the Government Code is amended to read:54237.10.

(a)The Legislature finds and declares that the states homelessness crisis has compounded the need for affordable housing described in Section 54235. To help mitigate the need for affordable housing and to speed up sales pursuant to this article, the Legislature further finds and declares that an emergency exists for purposes of Sections 11342.545, 11346.1, and 11349.6.

(b)The Department of Transportation shall file proposed emergency regulations or permanent regulations with the Office of Administrative Law for adoption to implement this article not later than six months after this article is enacted, or six months after any amendment to this article.

(c)Notwithstanding Section 11346.1, the emergency regulations in effect on September 15, 2024, that were adopted to implement this article and that are contained in Chapter 9.5 (commencing with Section 1475) of Division 2 of Title 21 of the California Code of Regulations, including, but not limited to, the regulations adopted pursuant to subdivision (f) of Section 54239.4 as it read on January 1, 2024, and subdivision (e) of Section 54239.5 as it read on January 1, 2024, shall remain in effect until January 31, 2026, or until permanent regulations are adopted, whichever is sooner.

(d)Notwithstanding Section 11346.1, any necessary emergency regulations adopted by the Department of Transportation to implement the changes made to this article by the act that added this subdivision shall remain in effect until January 31, 2026, or until permanent regulations are adopted, whichever is sooner.

SEC. 3.Section 54239.4 of the Government Code is amended to read:54239.4.

(1)The surplus residential property shall be subject to a covenant recorded against the property to ensure the propertys use as affordable housing pursuant to this paragraph.

(A)In the event that the surplus residential property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires according to the provisions of this paragraph.

(B)Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation or the monitoring entity.

(C)For each surplus residential property purchased under this subdivision, the housing-related entity shall cause the property to be used for either of the following:

(i)(I)Low- or moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years.

(II)In the event the housing-related entity is no longer able to provide affordable housing on the property, the housing-related entity shall either sell the property to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant or transfer the title to the city in which the property is located, which shall subsequently transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. The housing-related entity shall provide first right of occupancy to the present tenants. The rental amount shall be in accordance with income certification if the current tenants qualify as low or moderate income. If the current tenants income exceeds the limits for that level, the rent for that tenant shall be no less than the current rent, or adjusted no higher than current market rates for the ZIP Code in which the surplus residential property is located. The housing-related entity shall cause any additional new units added to the property to be used only for low- or moderate-income rental housing, and the new units shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, during the covenant period.

(ii)If the surplus residential property is a single-family residence, it may be used for owner-occupied affordable housing for a term of at least 45 years. The housing-related entity shall sell the property to a person or family of low or moderate income for ownership and occupancy as affordable housing, as defined in Section 62250, and specifically as the primary residence of that buyer. The housing-related entity shall dedicate profits realized from the sale during the covenant period, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within the city in which the surplus residential property is located. The housing-related entity shall provide first right of refusal to present tenants if they are a person or family of low or moderate income. All subsequent sales of the property during the covenant period shall be to a person or family of low or moderate income for ownership and occupancy as affordable housing, as defined in Section 62250. The property owner shall cause any additional new units added to the property to be used only for low- or moderate-income rental housing, and the new units shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, during the covenant period. The monitoring entity shall ensure that subsequent sales are made in compliance with this paragraph by conducting and certifying the income qualifications of the buyer(s) prior to purchase and sales contracts being consummated and prior to the opening of escrow.

(2)The Department of Transportation may designate in regulations to, or delegate by agreement to, a public agency to monitor the purchasers compliance with the terms, conditions, and restrictions required by this subdivision.

(A)If the monitoring is not performed by a state agency, the monitoring entity shall prepare and submit to the Legislature reports that describe how the purchasers complied with this subdivision and how they were monitored for compliance. The first report shall be submitted five years after the first property is sold pursuant to this subdivision, and subsequent reports shall be submitted every five years thereafter until the last covenant expires. A report to be submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795.

(B)The monitoring entity may charge the property owner a fee to recover the cost of this monitoring and reporting.

SEC. 4.Section 54239.5 of the Government Code is amended to read:54239.5.

Notwithstanding subdivision (d) of Section 54237, after a surplus residential property located within the City of Pasadena is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237, the surplus residential property shall be offered for sale in accordance with all of the following priorities and procedures:

(b)After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivision (a) of this section, and if the property is not occupied by tenants, the property shall be offered to the City of Pasadena subject to all of the following:

(1)The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation.

(2)Surplus residential property sold pursuant to this subdivision shall be sold in its existing as is condition.

(3)The City of Pasadena shall, with the proceeds generated from the subsequent sale of unoccupied homes, finance the production or acquisition of affordable housing units. Units produced must have a regulatory agreement requiring an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental and 45 years for owner-occupied affordable housing. Units acquired must have a regulatory agreement requiring an affordable rent, as defined in Section 50053 of the Health and Safety Code, for a minimum of 55 years for rental. Proceeds may be used to finance either or both of the following:

(A)The production of three housing units affordable to persons and families of very low, low and moderate income, as defined in Section 50093 of the Health and Safety Code, for every unoccupied home purchased by the City of Pasadena.

(B)The acquisition of three existing units for use as rental housing affordable to persons and families of very low, low, and moderate income, as defined in Section 50093 of the Health and Safety Code, for every unoccupied home purchased by the City of Pasadena.

(4)Prior to closing escrow on the purchase of the surplus residential property from the Department of Transportation, the City of Pasadena shall demonstrate to the Department of Housing and Community Development the zoned capacity on parcels suitable for housing development to produce at least three affordable units, as defined in paragraph (3), for each housing unit on the surplus residential property being purchased and identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing affordable to persons and families of low income, including housing for people with disabilities, on said parcels to the satisfaction of the Department of Housing and Community Development. The analysis must also demonstrate local efforts to remove constraints that hinder development of the parcels and evaluate their impact on the speed of delivery and depth of affordability of the necessary affordable units prescribed in paragraph (3).

(5)Units may be produced or acquired on a single site, or on multiple sites.

(6)All units acquired or produced shall be within high or highest resource census tracts within the City of Pasadena, as identified by the latest edition of the California Tax Credit Allocation Committees opportunity maps. To the greatest extent possible, units acquired or produced shall be in geographic proximity to the unoccupied homes that were sold by the City of Pasadena.

(7)The City of Pasadena shall commence construction or complete acquisition of all affordable units numbering at least three times the total number of unoccupied homes acquired by the city by December 31, 2026.

(8)Notwithstanding any other law, funds generated through the sale of unoccupied homes by the City of Pasadena shall be held by the City of Pasadena for the sole purpose of the financing of these units.

(9)The City of Pasadena shall include as an attachment to its annual report required by paragraph (2) of subdivision (a) of Section 65400 all of the following:

(A)Current ownership status of unoccupied homes in the State Route 710 corridor purchased by the City of Pasadena, and an accounting of funds spent by the city on the purchase of these homes and generated through their sale.

(B)The City of Pasadena shall provide documents to the Department of Housing and Community Development that evidence sale. These documents shall include purchase and sale agreements, escrow instructions, and final HUD-1 form closing statements.

(C)Documentation of rezoning actions taken by the City of Pasadena to ensure the continued availability of sufficient capacity for development of sufficient affordable housing to accommodate all units prescribed in paragraph (3).

(D)Documentation of other actions taken by the City of Pasadena to support its compliance with paragraph (3), including the acquisition of homes for use as affordable housing, rehabilitation of acquired homes or apartment units, or new construction of homes or apartment units for the same purpose.

(E)Other information requested by the Department of Housing and Community Development regarding the City of Pasadenas compliance with this paragraph.

(10)At the end of the period defined in paragraph (7), the City of Pasadena shall additionally report all of the following information to the Department of Housing and Community Development:

(A)A summary of all prior reporting.

(B)Supporting documentation that evidences the acquisition or commencement of construction on a sufficient number of units of affordable housing to satisfy paragraphs (3) and (7) in a form agreeable to the Department of Housing and Community Development.

(C)An accounting of total funds spent to acquire unoccupied homes from the Department of Transportation pursuant to this paragraph.

(D)An accounting of funds generated through the sale of these homes.

(E)Aggregate data on low- and moderate-income tenants and owners residing in the newly acquired or constructed units, including, but not limited to, information relating to income eligibility, household size, and other information as required by the Department of Housing and Community Development that is not individually identifiable.

(F)Other information requested by the Department of Housing and Community Development regarding the City of Pasadenas compliance with this paragraph.

(11)Failure to comply with any of paragraphs (1) to (10), inclusive, shall require the City of Pasadena to pay a fine of an amount equal to the funds generated through the sale of unoccupied homes pursuant to this paragraph less the citys acquisition cost. Fines shall be deposited into an account held by the Department of Housing and Community Development under the stipulations of Section 50470 within 30 calendar days of notification of failure to comply, and made accessible for the development of housing for persons and families of low and moderate income residing exclusively in the City of Pasadena.

(12)Terms of paragraph (11) may be subject to up to two two-year extensions from the deadline specified in paragraph (7), provided the City of Pasadena is able to demonstrate sufficient progress on the development or acquisition of all required affordable units. Sufficient progress may include, but is not limited to, an executed option agreement or exclusive negotiation agreement for purchase of property intended for conversion to affordable units, completed project entitlements or building permits, executed purchase agreements and draft covenants for the acquisition or rehabilitation of market rate units for the purpose of conversion to affordable units, a combination thereof, or other proof of progress at the discretion of the Director of the Department of Housing and Community Development.

(13)Any surplus funds remaining after the completion of the construction of the required affordable units shall be used at the discretion of the City of Pasadena for the production or acquisition of rental or for-sale housing affordable to persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

(14)Compliance with any clause in paragraphs (3) to (13), inclusive, shall be determined by the Department of Housing and Community Development and is not subject to appeal.

(15)The Department of Housing and Community Development may review, adopt, amend, and repeal the standards, forms, or definitions to implement paragraph (3) to (14), inclusive. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.

(16)The surplus residential property subject to this subdivision shall be subject to a covenant recorded against the property to ensure the propertys use as pursuant to this subdivision.

(17)Notwithstanding paragraphs (3) to (15), inclusive, if the City of Pasadena does not resell a surplus residential property sold to it by the Department of Transportation within two years of closure of the sale, the property shall be used as affordable housing pursuant to subdivision (a) of Section 54239.4.

(18)Terms of paragraph (17) may be subject to up to one two-year extension provided the City of Pasadena is able to demonstrate sufficient progress on the sale of the surplus residential properties. Sufficient progress may include proof that the property has been listed for 180 days at a price that does not exceed fair market value based on comparable sales in the City of Pasadena with no offers, unexpected structural damage due to a natural disaster or similar occurrence, or other proof of progress at the discretion of the Director of the Department of Housing and Community Development.

(19)The City of Pasadena shall monitor compliance with the covenant required by paragraph (16). The City of Pasadena may charge the property owner a fee to recover the cost of this monitoring.

(c)(1)After the surplus residential property is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237 and subdivisions (a) and (b) of this section, the property shall be offered in accordance with the priorities and procedures specified in subdivision (d) of Section 54237 and then in accordance with the priorities and procedures specified in subdivision (e) of Section 54237.

(B)The monitoring entity may charge the property owner a fee to recover the cost of this monitoring and reporting.

(d)Before selling unimproved property within the State Route 710 corridor in the City of Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property to the City of Pasadena, as a housing-related entity for affordable housing purposes, and then to another housing-related entity, pursuant to the terms and conditions provided in subdivision (d) of Section 54237, but at the price paid by the Department of Transportation for original acquisition.

(e)(1)(A)As a condition of the sale of property to a housing-related entity pursuant to subdivision (c) or (d), the housing-related entity shall provide an enforceable commitment to the selling agency that, if a construction project is undertaken on the property, and the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, all construction workers employed on the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.

(B)As a condition of the sale of property to the city pursuant to subdivision (b), the city shall provide an enforceable commitment to the selling agency that all construction workers employed on the following projects will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate:

(i)Any project involving construction of units pursuant to paragraph (3) of subdivision (b), if the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(ii)Any project involving construction on properties subsequently sold to a housing-related entity by the city pursuant to subdivision (b), if the entirety of the project is not a public work for which prevailing wages must be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(2)If the project is subject to paragraph (1), then for those portions of the project that are not a public work all of the following shall apply:

(A)The housing-related entity or city shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work.

(B)All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.

(C)Except as provided in subparagraph (E), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein.

(D)Except as provided in subparagraph (E), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.

(E)Subparagraphs (C) and (D) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this paragraph, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

(F)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.

SEC. 5.Section 54239.6 is added to the Government Code, to read:54239.6.

Notwithstanding subdivision (d) of Section 54237, after a surplus residential property located within the City of South Pasadena is offered for sale pursuant to subdivisions (a) to (c), inclusive, of Section 54237, the surplus residential property shall be offered for sale in accordance with all of the following priorities and procedures:

(1)The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation.

(2)Surplus residential property sold pursuant to this subdivision shall be sold in its existing as is condition.

(3)The City of South Pasadena shall, with the proceeds generated from the subsequent sale of unoccupied homes, finance the production or acquisition of affordable housing units. Units produced must have a regulatory agreement requiring an affordable sales price or an affordable rent, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, for a minimum of 55 years for rental and 45 years for owner-occupied affordable housing. Units acquired must have a regulatory agreement requiring an affordable rent, as defined in Section 50053 of the Health and Safety Code, for a minimum of 55 years for rental. Proceeds may be used to finance either or both of the following:

(4)(A)Prior to closing escrow on the purchase of the surplus residential property from the Department of Transportation, the City of South Pasadena shall demonstrate to the Department of Housing and Community Development the zoned capacity on parcels suitable for housing development to produce at least three affordable units, as defined in paragraph (3), for each housing unit of the surplus residential property being purchased and identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing affordable to persons and families of low income, including housing for people with disabilities, on said parcels to the satisfaction of the Department of Housing and Community Development. The analysis must also demonstrate local efforts to remove constraints that hinder development of the parcels and evaluate their impact on the speed of delivery and depth of affordability of the necessary affordable units prescribed in paragraph (3).

(B)Any parcel used for the development of these units shall be granted streamlined, ministerial approval and not be subject to a conditional use permit or other nonlegislative discretionary approval, and shall be exempt from any initiative or other measure that may preclude achieving maximum densities, including, but not limited to, any height restriction requirement. The Legislature finds and declares that, in light of the shortage of affordable housing in the state, facilitating the development of affordable housing as provided in this subparagraph is necessary to support the development and speed of delivery and the depth of affordability of the necessary affordable units prescribed in paragraph (3), as well as the sale of surplus residential properties to the City of South Pasadena by the Department of Transportation.

(5)Units may be produced or acquired on a single site, or on multiple sites.

(6)All units acquired or produced shall be within high or highest resource census tracts within the City of South Pasadena, as identified by the latest edition of the California Tax Credit Allocation Committees opportunity maps. To the greatest extent possible, units acquired or produced shall be in geographic proximity to the unoccupied homes that were sold by the City of South Pasadena.

(7)The City of South Pasadena shall commence construction or complete acquisition of all affordable units numbering at least three times the total number of unoccupied homes acquired by the city by July 1, 2028.

(8)Notwithstanding any other law, funds generated through the sale of unoccupied homes by the City of South Pasadena shall be held by the City of South Pasadena for the sole purpose of the financing of these units.

(9)The City of South Pasadena shall include as an attachment to its annual report required by paragraph (2) of subdivision (a) of Section 65400 all of the following:

(A)Current ownership status of unoccupied homes in the State Route 710 corridor purchased by the City of South Pasadena, and an accounting of funds spent by the city on the purchase of these homes and generated through their sale.

(B)The City of South Pasadena shall provide documents to the Department of Housing and Community Development that evidence sale. These documents shall include purchase and sale agreements, escrow instructions, and final HUD-1 form closing statements.

(C)Documentation of rezoning actions taken by the City of South Pasadena to ensure the continued availability of sufficient capacity for development of sufficient affordable housing to accommodate all units prescribed in paragraph (3).

(D)Documentation of other actions taken by the City of South Pasadena to support its compliance with paragraph (3), including the acquisition of homes for use as affordable housing, rehabilitation of acquired homes or apartment units, or new construction of homes or apartment units for the same purpose.

(E)Other information requested by the Department of Housing and Community Development regarding the City of South Pasadenas compliance with this paragraph.

(10)At the end of the period defined in paragraph (7), the City of South Pasadena shall additionally report all of the following information to the Department of Housing and Community Development:

(A)A summary of all prior reporting.

(C)An accounting of total funds spent to acquire unoccupied homes from the Department of Transportation pursuant to this paragraph.

(D)An accounting of funds generated through the sale of these homes.

(F)Other information requested by the Department of Housing and Community Development regarding the City of South Pasadenas compliance with this paragraph.

(11)Failure to comply with any of paragraphs (1) to (10), inclusive, shall require the City of South Pasadena to pay a fine of an amount equal to the funds generated through the sale of unoccupied homes pursuant to this paragraph less the citys acquisition cost. Fines shall be deposited into an account held by the Department of Housing and Community Development under the stipulations of Section 50470 within 30 calendar days of notification of failure to comply, and made accessible for the development of housing for persons and families of low and moderate income residing exclusively in the City of South Pasadena.

(12)Terms of paragraph (11) may be subject to up to two two-year extensions from the deadline specified in paragraph (7), provided the City of South Pasadena is able to demonstrate sufficient progress on the development or acquisition of all required affordable units. Sufficient progress may include, but is not limited to, an executed option agreement or exclusive negotiation agreement for purchase of property intended for conversion to affordable units, completed project entitlements or building permits, executed purchase agreements and draft covenants for the acquisition or rehabilitation of market rate units for the purpose of conversion to affordable units, a combination thereof, or other proof of progress at the discretion of the Director of the Department of Housing and Community Development.

(13)Any surplus funds remaining after the completion of the construction of the required affordable units shall be used at the discretion of the City of South Pasadena for the production or acquisition of rental or for-sale housing affordable to persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

(14)Compliance with any clause in paragraphs (3) to (13), inclusive, shall be determined by the Department of Housing and Community Development and is not subject to appeal.

(16)The surplus residential property subject to this subdivision shall be subject to a covenant recorded against the property to ensure the propertys use as pursuant to this subdivision.

(17)Notwithstanding paragraphs (3) to (15), inclusive, if the City of South Pasadena does not resell a surplus residential property sold to it by the Department of Transportation within two years of closure of the sale, the property shall be used as affordable housing pursuant to subdivision (a) of Section 54239.4.

(18)Terms of paragraph (17) may be subject to up to one two-year extension provided the City of South Pasadena is able to demonstrate sufficient progress on the sale of the surplus residential properties. Sufficient progress may include proof that the property has been listed for 180 days at a price that does not exceed fair market value based on comparable sales in the City of South Pasadena with no offers, unexpected structural damage due to a natural disaster or similar occurrence, or other proof of progress at the discretion of the Director of the Department of Housing and Community Development.

(19)The City of South Pasadena shall monitor compliance with the covenant required by paragraph (16). The City of South Pasadena may charge the property owner a fee to recover the cost of this monitoring.

(B)The monitoring entity may charge the property owner a fee to recover the cost of this monitoring and reporting.

(d)Before selling unimproved property within the State Route 710 corridor in the City of South Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property to the City of South Pasadena, as a housing-related entity for affordable housing purposes, and then to another housing-related entity, pursuant to the terms and conditions provided in subdivision (a) of Section 54239.4, but at the price paid by the Department of Transportation for original acquisition.

(2)If the project is subject to paragraph (1), then for those portions of the project that are not a public work all of the following shall apply:

(A)The housing-related entity or city shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work.

SEC. 6.

The Legislature finds and declares that the addition of Section 54239.6 to the Government Code by this act serves the public purpose of encouraging the creation and maintenance of affordable rentals and homes, and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.

SEC. 7.

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 circumstances in the City of Pasadena and the City of South Pasadena.

SEC. 8.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 9.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to address the shortage of affordable housing and make surplus residential properties available as soon as possible, it is necessary that this act take effect immediately.