HomeMy WebLinkAboutCity Council - 2020-13 RESOLUTION NO.2020-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING MEMBERSHIP
IN THE ORANGE COUNTY HOUSING FINANCE TRUST
WHEREAS,homelessness in the Orange County region has increased over time to at least
6,860 people as of the preliminary 2019 Point in Time Count data; and
Homelessness locally is a result of various causes that can include a lack of affordable
and supportive housing units,the high cost of workforce housing, a shortage of jobs that result
in wages that pay for local rents, mental illness,substance use,the high cost of land and housing
development,and more; and
As homelessness increases, it causes humanitarian, financial, and community safety
crises, as Orange County residents and others without adequate shelter reside in and on
communities'public facilities, including streets,parks, sidewalks, transit centers, riverbeds and
storm channels, restrooms, libraries, and more; and
The costs of homelessness on our community resources and facilities are estimated in
a 2017 study (based on 2014-15 dollars), done by United Way of Orange County and the
University of California, Irvine, to be in the range of$300 million per year,and likely growing;
and
Families, children, the aged, veterans, and persons with mental illness and other
disabilities are all subject to homelessness depending on their individual circumstances, and
all are worthy of our community's respect and care; and
The provision of adequate housing for persons formerly homeless can include a range
of housing types, from emergency and bridge shelters to transitional housing to rapid
rehousing to supportive housing to affordable housing;and
In Orange County, there appears to be a shortfall of beds and units in each housing
category, making the goal of ending homelessness in our region extremely difficult to attain
without adding more housing units;and
The concept of adding to the supply of supportive housing - meaning where a person
who may have formerly been homeless is able to secure and maintain his or her housing
provided that services are provided to the individual to help them stay successfully in housing
-is deemed to be beneficial to solving especially the needs of the chronically homeless; and
In 2018, Orange County leaders worked to develop and secure legislation that created a
joint powers mechanism that would share the power of securing funding for various types of
housing that can address our homelessness crisis, with a focus on developing more supportive
Resolution No. 2020-13
housing units; and
This legislation(AB 448)allowed for the creation of the Orange County Housing Finance
Trust (Trust), a Trust established to secure both public and private dollars and to ensure that
Orange County as a region attains its share of State resources approved by California residents and
the California Legislature to address housing and homelessness via the provision of more
housing units, especially supportive housing;and
To join the Trust, cities in Orange County and the County of Orange may execute a
Joint Powers Agreement that makes them a member of the Trust and describes the roles and
responsibilities of the Trust, as well as its Governance structure;and
Our city's estimated contribution for administrative costs would be less than $25,000
annually and due on July 1, 2020, and the City's actual payment will require City Council
approval; and
The City of Huntington Beach desires to join the Orange County Housing Trust by
authorizing the City Manager to execute the Joint Powers Agreement that is attached hereto
as Exhibit "A" and incorporated herein by reference.
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find,
determine and resolve as follows:
Section 1. The Recitals provided above are true and correct and are hereby incorporated
into this Resolution.
Section. 2. The City Council finds that in accordance with the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this
Resolution is exempt from CEQA pursuant to Section 15061(b)(3) and Section 15273(a)(1) of
Title 14 of the California Code of Regulations because CEQA applies only to projects which
have the potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA. This Resolution authorizes the City's
membership into a joint powers authority, and does not undertake any project that has the
potential for causing a significant effect on the environment. Thus, this action is exempt from
CEQA, and staff is directed to file a Notice of Exemption with the Orange County Clerk's
Office within five(5)working days of approval.
Section 3.The City Council of the City of Huntington Beach hereby authorizes the City's
membership in the Orange County Housing Finance Trust, as described by the attached Joint
Powers Agreement(Exhibit A).
Section 4. The City Council of the City of Huntington Beach hereby encourages the
Trust's Governing Board to use every effort to minimize and offset the Trust's administrative
costs, including by using contracted staff, partnering with other like-minded entities for an
office site or other administration functions, and by actively seeking grant, bond, or other
20-8470/224826 2
Resolution No. 2020-13
non-General Fund sources to offset any administrative costs.
Section 5. The documents and materials associated with this Resolution that constitute
the record of proceedings on which these findings are located at I Iuntington Beach City Hall,
2000 Main Street, Iuntington Beach, California 92648. The City Clerk is the custodian of the
record of proceedings.
Section 6. The City Council of the City of Huntington Beach authorizes the City
Manager and City Attorney, to execute the Joint Powers Agreement on the City's behalf.
Section 7. The City Clerk shall attest as to the adoption and execution of this Resolution
and cause the same to be maintained in the permanent records of the City.
PASSED AND ADOPTED by ttl e City Council of the City of Huntington Beach at a
regular meeting thereof held on the ►0 day of 2020.
Mayor
APPROVED AS TQ FORM:
VIE D AN PP ED:
Ci y Attorney
City Manager
INITIATED A ROVED:
O
Director of Community Development
COUNTERPART'
20-8470/224826 3
Resolution No. 2020-13
non-General Fund sources to offset any administrative costs.
Section 5. The documents and materials associated with this Resolution that constitute
the record of proceedings on which these findings are located at Huntington Beach City Hall,
2000 Main Street, Huntington Beach, California 92648. The City Clerk is the custodian of the
record of proceedings.
Section 6. The City Council of the City of Huntington Beach authorizes the City
Manager and City Attorney, to execute the Joint Powers Agreement on the City's behalf.
Section 7. The City Clerk shall attest as to the adoption and execution of this Resolution
and cause the same to be maintained in the permanent records of the City.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of February , 2020.
Ma r
APPROVED AS T FORM:
REVIEWED AND APPROVED:
\\\ -,k I\,) 1 6!t:Vt
�,..n City Attorney
City Manager
INITIATED1AMUV4
A ROVED:
..��
Director of Community Development
COUNTERPART
20-8470/224826 3
RE-'R)cuPeNAvj, -2-D&- 3
t'XN1gir 'Af
CLERK Or 7?1EEOARD
ORANGE COUK1'
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is
made thislWay ot`,71t.1 . 2019 (the "Effective Date"), by and between the
following public entities (collectively, the "Parties"): and
(collectively, the "Cities") and the COUNTY OF ORANGE (the "County').
RECITALS
A. The Parties are responsible for the health and safety of the residents
within their geographic boundaries.
B. Each Party has the individual power to implement affordable housing
projects and programs generated within its jurisdictional boundaries, as well as to
create and issue development agreements for such activities.
C. The parties find it in their mutual economic interest to address work
force housing, affordable housing, and supportive housing issues on a regional level.
D. A countywide adequate supply of housing will provide social and
economic benefits to residents and taxpayers of the parties.
E. The Parties desire to act in the public interest to lessen the burden of
government by reducing the need for each party to act individually, and to provide
charitable support for affordable housing in Orange County.
F. California Government Code section 6500 et seq. ("Joint Exercise of
Powers Act" or"Act") permits two or more public agencies to create joint powers
authorities for the purposes cited herein, and permits the agencies to exercise
jointly any power that the public agencies could exercise separately, and further i
grants certain additional powers to such joint powers authorities. !
G. California Government Code section 6639.5 authorizes the County of
Orange and any of the cities within the County of Orange to create a joint powers
agency known as the Orange County Housing Finance Trust ('OCHFT'), which may
do any of the following: (1) fund the planning and construction of housing of all
types and tenures for the homeless population and persons and families of
extremely low, very low, and low income, as defined in Section 60093 of the Health
and Safety Code, including, but not limited to, permanent supportive housing; and
(2) receive public and private financing and funds.
H. California Government Code section 6539.5 also authorizes the parties
to a oint powers agreement, which is executed pursuant to its provisions, to grant
01 the power to authorize and issue bonds, certificates of participation, or any
other debt instrument repayable from funds and financing received and pledged by
OCHFT. However, at this point in time, it is the consensus of the Parties to the
Agreement not to grant OCHFT the power to authorize and issue bonds or other
debt instruments. This Agreement may be amended in the future to grant OCHFT
the power to issue bonds or other debt instruments.
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J. Local land-use decisions remain solely with each party. Nothing in
this Agreement deprives any party of its sovereign powers with respect to land-use
or transfers such powers to the joint powers authority.
NOW, THEREFORE, in consideration of the mutual promises set forth
below, the parties agree as follows:
Section 1. Creation and Purpose.
(a) Creation of OCHFT. Pursuant to the Joint Exercise of Powers Act,
including Section 6539.5 of the Government Code, there is hereby- created a public
entity to be known as the "Orange County- Housing Finance Trust." OCHF"1' shall
be a public entity separate and apart from the Parties, and shall administer this
Agreement.
(b) Purpose. This Agreement is made pursuant to the Joint Powers Act for
the purpose of creating OCFHT as a public entity separate from the Parties to: (i)
exercise Common Powers with respect to providing funding for the planning and
construction of housing of all types and tenures for the homeless population and
persons and families of extremely low, very low, and low income; as defined in
Section 50093 of the Health and Safety Code, including, but not limited to,
permanent supportive housing; and (ii) receive public and private financing and
funds. The purpose of this Agreement shall be accomplished and common powers
exercised in the manner set forth in the Agreement. Nothing contained in this
Agreement shall preclude the Parties from establishing, maintaining or providing
social programs or services to its residents as it deems proper and necessary.
Section 2. Term and Termination.
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(a) Term. 'Phis Agreement shall become effective, and OCHFT shall come
into existence, on the Effective Date, and this Agreement shall thereafter continue
in full force and effect until terminated pursuant to subdivision (b) of this section.
(b) Termination. This Agreement may be terminated by agreement of the
Parties. Upon termination of this Agreement, OCHFT shall be dissolved and, after
payment or provision for payment of all liabilities, the assets of OCHFT shall be
distributed to the Parties in proportion to the contributions of each Party to OCH FT
and the amounts paid by each Party in connection with OCHFT's activities.
Section 3. Powers and Duties of OCHFT.
(a) General Powers. OCHFT shall have all the powers common to the
Parties to this Agreement necessary or convenient, specified or implied, to
accomplish the purpose of this Agreement as set forth in Section 1, subject to the
restrictions set forth in Section 3, subdivision (c) below. Said powers shall be
exercised in the manner provided in the Joint Exercise of Powers Act and, except as
expressly set forth herein; subject only to such restrictions upon the manner of
exercising such powers as are imposed upon the Parties in the exercise of similar
powers.
(b) Specific Powers. Without limiting the generality of the powers
conferred in subdivision (a) of this Section 3, OCHFT is hereby authorized, in its
own name, to do all of the acts necessary or convenient to the accomplishment of the
purposes of this Agreement and the full exercise of the powers conferred in
subdivision (a) of this Section 3, including but not limited to the following:
(1) to make and enter into contracts;
(2) to contract for staff assistance;
(3) to sue and be sued in its own name;
(4) to apply for, accept, receive and disburse grants, loans and other
aids from any agency of the United States of America or of the State of California;
(5) to invest any money in the treasury pursuant to Section 6505.5
of the Joint; Powers Act. that is not required for the immediate necessities of
OCHFT, as OCHFT determines is advisable, in the same manner and upon the
same conditions as local agencies, pursuant to Section 53601 of the California
Government Code:
(6) to apply for letters of credit or other forms of financial
guarantees in order to enter into agreements in connection therewith;
(7) to carry out all the provisions of this Agreement;
I
(8) to purchase obligations of any Party;
(9) to engage the services of private consultants to render 1
professional and technical assistance and advice in carrying out the purposes of this j
Agreement; I
(10) to employ and compensate counsel including bond counsel,
financial consultants, and other advisers determined appropriate by OCHFT in the
accomplishment of the purposes of this Agreement;
(11) to contract for engineering, construction, architectural,
accounting, environmental, land use, or other services determined necessary or
convenient by OCHFT in connection with the accomplishment of the purposes of
this Agreement;
(12) for the purposes of enforcing affordable housing covenants or
holding security interests for loans, to take title to, and transfer, sell by installment
sale or otherwise, lands, structures, real or personal property, rights, rights-of-way,
franchises, easements, and other interests in real or personal property which
OCHFT determines are necessary or convenient in connection with the
accomplishment of the purposes of this Agreement;
(13) for the purposes of renting space for OCHFT to operate, to lease
to, and to lease from, a Party or any other person or entity lands, structures, real or
personal property, rights, rights-of-way, franchises, easements, and other interests
in real or personal property which OCHFT determines are necessary or convenient
in connection with the accomplishment of the purposes of this Agreement;
(14) to solicit charitable contributions from private sources;
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(15) to propose amendments to this Agreement, including
amendments that would allow OCHFT to authorize and issue bonds, certificates of
participation, or any other debt instrument repayable from funds and financing
received and pledged by OCHFT; and
(16) to exercise any and all other powers as may be provided for
OCH F F in the Joint Powers Act or any other applicable law.
(c) Limitation on Powers. Neither this Agreement nor section 6539.5 of
the Government Code authorize OCHFT do any of the following:
(1) regulate land use in Cities or in the unincorporated area of the
County:
(2) serve as an owner or operator of housing units;
(3) levy, or advocate or incentivize the levying of, an exaction,
including an impact fee, charge, dedication, reservation or tax assessment, as a
condition for approval of a development project;
(4) require or incentivize inclusionary zoning requirements;
(5) require the Parties to this Agreement to dedicate or assign
funding for any OCHFT obligations or programs;
(6) approve a housing project or progrann that is not supported by I
the governing body of the jurisdiction (a City or the County) in which the project is
proposed to be sited; or
(7) require the Parties to this Agreement to acceptor,provide any
number of housing units as a prerequisite to joining or remaining a member of
OCHFT.
Section 4. Members
The members of OCHFT shall be the parties to this Agreement who have not
withdrawn from OCHFT, and such other parties as may join OCHFT after
execution of this Agreement. New members may join on the terms and conditions
set forth in Section 10 hereof. Only the County of Orange and cities within the
County of Orange may be a party to this Agreement and a member of OCHFT.
Section 5. Board of Directors
(a) Selection of Directors. OCHFT shall be governed by a Board of
Directors consisting of nine Directors selected as follows:
(1) Two members of the Board of Supervisors of the County of
Orange selected by the Board of Supervisors.
(2) Two countywide elected officials selected from the following six
Orange County elected officials: Assessor, Auditor-Controller, Clerk-Recorder,
District Attorney-Public Administrator, Sheriff-Coroner, and the Treasurer Tax-
Collector by the Board of Supervisors of the County- of Orange.
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(3) One city council member for the city member with the greatest
population in the North Region Service Planning Area as depicted in Exhibit A.
(4) One city council member for the city member with the greatest
population in the Central Region Service Planning Area as depicted in Exhibit A.
(5) One city council member for the city member with the greatest
population in the South Region Service Planning Area as depicted in Exhibit A.
(6) rwo city council members who are each selected from member
cities, which are not already represented on the Board of Directors. The selection of
these Directors shall be made by a City Selection Committee from votes cast on a
one-city-one-vote basis by representatives of the city members that are not already
represented pursuant to Section 5, subdivisions (a)(3), (a)(4) and (a)(5).
(b) Board Powers. Subject to the limitations of this Agreement and the
laws of the State of California, the powers of OC1iFT shall be vested in and
exercised by and its property controlled and its affairs conducted by the Board of
Directors.
(c) Advisory Board. In accordance with OCHETs bylaws, the Board of
Directors may convene an ex officio advisory board that may include a public
member, city managers or assistant city managers, the County F..xecutive Officer, a
representative from law enforcement, and a representative from a housing
authority.
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(d) Compensation. Members of the Board shall serve without
compensation but shall be entitled to reimbursement for any expenses actually
incurred in connection with serving as a Director. Any obligation to pay expenses
pursuant to this paragraph shall be a charge against any unencumbered funds of
OCHFT available for the purpose.
(e) 14eetings of the Board of Directors.
(1) Call Notice and Conduct of Meetings. All meetings of the Board
of Directors, including without limitation, regular, adjourned regular, special
meetings and adjourned special meetings, shall be called, noticed, held and
conducted in accordance with the provisions of the Ralph 1M. Brown Act.
(2) Regular Meeting . Regular meetings of the Board of Directors
shall be held at such dates and times as the Board may fix by resolution from time
to time. If any day so fixed for a regular meeting shall fall upon a legal holiday, then
such regular meeting shall he held on the next succeeding business day at the same
hour. No notice of any regular meeting of the Board of Directors need be given to
the individual Directors.
(3) Special Meetings. Special meetings of the Board of Directors
shall be held whenever called by the Chairperson of the Board or by a majority of
the Directors.
(4) Quorum. A majority of the seated members of the Board of
Directors shall constitute a quorum at any meeting of the Board except that less
than a quorum may adjourn a meeting to another time and place. Every act or
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decision done or trade by a majority of the Directors present at ally meeting at
which a quorum is present shall be the act of the Board of Directors.
(5) Minutes. The Board of Directors shall keep minutes of all
regular, adjourned regular, and special meetings, and shall, as soon as possible
after each meeting, cause a copy of the minutes to be forwarded to each Director
and to the Parties.
(6) Officers. The Board of Directors shall elect a chairperson and a
vice chairperson from among its members at the first meeting held in each fiscal
year. In the event that the chairperson or vice chairperson so elected ceases to be a
Director, the resulting vacancy shall be filled at the next regular meeting of the
Board of Directors held after such vacancy occurs or at a special meeting called for
that purpose. In the absence or inability of the chairperson to act, the vice
chairperson shall act as chairperson. The chairperson, or in the chairperson's
absence, the vice chairperson, shall preside at and conduct all Board of Director's
meetings.
(7) Rules and Regulations. The Board of Directors may adopt, from
time to time, by resolution, such rules, regulations and bylaws for the conduct of its
meetings and affairs as the Board determines is necessary, or convenient.
Section 6. Additional Officers and Employees
(a) Officers and Contract Staff.
(1) OCHFT may contract with a Party to this Agreement for officers
and staff pursuant to Section 6, subdivision (d), or retain independent: contractors,
agents, or volunteers as the Board of Directors may deem necessary to carry out any
of OCIIFT's powers, upon such terms arid conditions as the Board may require, .
including the retaining of professional and technical assistance; provided that
adequate funds are available in OCHF1°s budget and are appropriated by OCHFT
therefore.
(2) None of the officers, agents or staff, if any; directly contracted
by OCHFT shall be deemed, by reason of their roles or duties or contracted status,
to be employed by the Parties.
(b) Treasurer and Auditor/Controller. Pursuant to Government Code
Sections 6505.5 and 6505.8, the Board of Directors shall appoint an officer or
employee of OCHFT, an officer or employee of a public agency that is a Party to this
Agreement or a certified public accountant to hold the offices of treasurer and
auditor for OCHFT. Such person or persons shall possess the powers of and shall
perform the treasurer and auditor functions for OCHFT required by Sections 6505,
6505.5 and 6505.6 of the Government Code, including any subsequent amendments
thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer
shall have charge of certain property of OCHFT. The treasurer and auditor shall
assure that there shall be strict accountability of all funds and reporting of all
receipts and disbursements of OCHFT. The 'treasurer and auditor of OCHFT shall
be required to file an official bond with the Board of Directors in an amount, which
shall be established by the Board. Should the existing bond or bonds of any such
officer be extended to cover the obligations provided herein, said bond shall be the
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official bond required herein. The premiums on any such bonds attributable to the
coverage required herein shall be an appropriate expense of OC1111'.
(c) Attorney. The Board of Directors shall have the power to appoint one
or more legal advisors to OCHFT who shall perform such duties as may be
prescribed by the Board. The County Counsel of the County shall be OCHFT's
counsel unless and until the Board of Directors appoints other counsel to serve such
function.
(d) Administrative Services and Reimbursement of Costs.
(1) The Board of Directors may contract with a Party to this
Agreement to provide necessary administrative services to OCHF'I', including the
services described in Section 6, subdivisions (a), (b) and (c). The amount charged by
the Party to provide such services to OCHFT shall be fixed by agreement between
the Board of Directors and the governing board of the Party providing such services.
In the absence of an agreement on costs, the Party providing services to OCHFT
under this Section 6 may charge OCIIFT the amounts necessary to recover the
direct and indirect costs of such services.
(2) If OCHFT contracts with a Party to this Agreement to provide
OCHFT with administrative services through persons who are employees and
officers of the Party, then any retu•ement liabilities associated with that Party's
employees and officers shall not constitute a liability of OCHFT or any other Party
to this Agreement. This Section 6, subdivision (d)(2), shall not preclude a Party
providing administrative services to OCI-IFT pursuant to a contract with OCHFT
from accounting for such salary and benefit costs when negotiating the rates that
the Party will charge OCHFT for providing such services.
Section 7. Financial Provisions
(a) Fiscal Year. The Fiscal Year of OCHFT shall, unless and until
changed by the Board of Directors. commence on the 1st day of July of each year
and shall end on the 30th day of June of the next succeeding year except that the
initial Fiscal Year of OCHFT shall commence on the effective date of this
Agreement and end on the immediately following 30th day of J tine.
(b) Budget.
(1) General Budget. Within one hundred and twenty days (120)
after the first meeting of the Board of Directors, a general budget for the first fiscal
year shall be adopted by the vote of a majority of all of the Directors. The budget
shall distinguish between administrative costs (i.e.. the cost of operating OCHFT)
and Program costs (i.e., the financing of the programs funded or sponsored by
OCHFT). Thereafter, at or prior to the last meeting of the Board of Directors for
each fiscal year, a general budget shall be adopted for the ensuing fiscal year or
years by a vote of at least a majority of all of the Directors of the Board.
(2) Expenditures for the Approved Budget. The payment of all
OCHFT obligations is limited to the amount of appropriations allowed in OCHFT's
approved budget, except as it may be revised with the approval of a majority of all
of the Directors of the Board of Directors.
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(c) Contributions by the Parties.
(1) Administrative Cost Contributions. The County shall be
responsible for OCIIFT's administrative costs for one year following the creation of
OCHFT. After ibis initial year, and in consideration of the mutual promises
contained herein, the Parties agree that they shall make annual contributions
towards the budgeted administrative costs of OCHFT in accordance with a cost
allocation formula to be approved by the Board of Directors. By unanimous vote, the
Board of Directors may waive a parties' contribution toward OCHFT's
administrative costs. A Party's contribution to OCHFT's administrative costs shall
be in the form of money, unless the Board approves another form of contribution
such as services, personal property or use of real or personal property, or other in-
kind contributions. The acceptance and valuation of any such non-monetary
contributions shall be as determined by the Board.
(2) Program Cost Contributions. The particular programs and
program budget, funded, sponsored or operated by OCHFT, as well as the level of,
and mechanisms for, the involvement of OCHFT and each Party, in such programs
and program budget, shall be determined and approved by the Board of Directors.
A Party's individual contribution, involvement and role in any particular program
or the budgeted program costs shall be as may be mutually agreed between the
Party and OCHFT.
(d) Accounts and Reports.
(1) Books and Records. There shall be strict accountability of all
OCHFT funds and accounts and report of all OCHFI' receipts and disbursements.
Without limiting the generality of the foregoing, OCHFT shall establish and
maintain such funds and accounts as may be required by good accounting practice.
The books and records of OCIIFT shalt be open to inspection at all reasonable times
by each Party and its duly authorized representatives.
(2) Annual Audit. The person appointed by the Board of Directors to
perform the auditor function for OCHFf shall cause an annual independent audit of
the accounts and records of OCHFT and records to be made by a certified public
accountant or firm of certified public accountants in accordance with Government
Code section 6505. Such audits shall be delivered to each Party and shall be made
available to the public.
(3) Annual Financial Report. Pursuant to section 6539.5 of the
Government Code, OCHFT shall publish an Annual Financial Report that shall
describe the funds received by OCHFT and the use of such funds by OCHFT. The
Annual Financial Report shall describe how the funds received by OCHFT have
furthered the purpose of OCHFT.
(e) Funds. Subjectt to the applicable provisions of any instrument or
agreement which OCHFT may enter into, which may provide for a trustee or other
fiscal agent to receive, have custody- of and disburse OCHFT funds, the person
appointed by the Board of Directors to perform the treasurer function for OCHFT
shall receive, have the custody of and disburse OCHFT fiords as nearly as possible
in accordance with generally accepted accounting practices, shall make the
disbursements required by this Agreement or to carry out any of the provisions or
purposes of this Agreement.
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Section S. Amendments and Additional Parties.
(a) This Agreement may not be amended or modified except by a vote of
two-thirds of all of the Parties through formal action approving such an amendment
by the Parties' respective governing bodies.
(b) No addition to, or alteration of, the terms of this Agreement, whether
by written or oral understanding of the parties, their officers, employees or agents,
shall be valid or effective unless made in the form of a written amendment; which is
formally adopted and executed by the Parties in the same manner as this
Agreement..
Section 9. Non-Liability for Obligations of OCHFT.
The debts. liabilities and obligations of OCHFT shall not be the debts,
liabilities and obligations of any of the Parties or personal debts, liabilities and
obligations of the Directors, officers or employees of OCHFT; provided that a Party
may, by an agreement separate from this Agreement, contract for, or assume
responsibility for, specific debts, liabilities, or obligations of OCI[FT.
Section 10. Admission and Withdrawal of Parties
(a) Admission of New Parties. It is recognized that additional parties
other than the original parties, may wish to join OCHFT. The County of Orange and
any Orange County city may become a party to OCHt"r upon such terms and
conditions as established by the Board of Directors. An Orange County city shall ;
become a party to OCHFT by the adoption by the city council of this _Agreement and
the execution of a written addendum thereto agreeing to the terms of this i
Agreement and agreeing to any additional terms and conditions that may be
established by the Board of Directors.
(b) Withdrawal from OCHFF. Parties may withdraw from OCHFT at any
time upon their governing board's adoption of a resolution that so states the party s
intent to leave OCHFT. The withdrawal of any party, either voluntary or
involuntary, unless otherwise provided by the Board of Directors, shall be
conditioned as follows:
(1) In the case of a voluntary withdrawal, written notice shall be
given to OCHFT six months prior to the effective date of withdrawal; and
(2) Unless otherwise provided by a unanimous vote of the Board of
Directors, withdrawal shall result in the forfeiture of that party's rights and claims
relating to distribution of property and funds upon termination of OCHFT as set
forth in Section 2 above.
Section 11. Notices.
Notices required or permitted hereunder shall be sufficiently given if made in
writing and delivered either personally or by registered or certified mail, postage
prepaid, to the persons and entities listed herein at the following addresses, or to
such other address as may be designated to OCHFT for formal notice:
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(a) County of Orange:
Santa Ana, California
(b) City of
Section 12. Miscellaneous.
(a) Section Headinae. The section headings herein are for convenience
only and are not to be construed as modifying or governing or in any manner
affecting the scope, meaning or intent of the provisions or language of this
Agreement.
(b) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all together shall
constitute but one and the same Agreement.
(c) Laws Governine. This Agreement is made in the State of California
under the Constitution and laws of such State and shall be construed and enforced
in accordance with the laws of California.
(d) Severability. Should any part, term, portion or provision of this
Agreement, or the application thereof to any person or circumstance, be held to be
illegal or in conflict with any law of the State of California, or otherwise be rendered
unenforceable or ineffectual, it shall be deemed severable, and the remainder of this
Agreement or the application thereof to other persons or circumstances shall
continue to constitute the agreement the Parties intended to enter into in the first
instance.
(e) Successors. This Agreement shall be binding upon and shall inure to
the benefit of the successom of the respective Parties hereto. No party may assign
any right or obligation hereunder without the written consent ofe. majority of the
other Parties.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to
be executed and attested by their duly authorized officers as of the date first above
written.
COUNTY OF ORANGE, a political
sub 'visi of the State of California
Dated: By:
Chairwom not the oard o up sors
10
SIGNED AND CERTIFIED THAT`A
COPY- OF THIS DOCU\4ENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE OARD ��r o,01,
Clerk of the Board of Supervisors ^�"J
County of Orange, California
NOTICE TO COUNTS" OF ORANGE
TO BE GIVEN TO:
FRANK IiIM
COUNTY EXECUTIVE OFFICER
10 Civic Center Plaza
SANTA ANA, CA 92702-4062
APPROVED AS TO FOR�4:
LEON PAGE
COUNTY COUNSEL
By: 11
Dated: _ Z�0 015
11
CITY OF HUNTINGTON BEACH
T
WED AND APPROVED:
City Manager
NOTICE TO CITY TO BE GIVEN TO: APPROVED AS TO FORM:
City Manager: Oliver Chi
City of Hunt`_:gto: Beach
2000 Main Street
Huntington Beach, CA 92648 City Attorney
Phone: 714-536-5202
Fax: 714-536-5233
Orange County Housing Finance Trust - Joint Powers Agreement Signature Page
COUNTERPART
CITY OF HUNTINGTON BEACH
REVIEWED AND APPROVED:
City Manager
NOTICE TO CITY TO BE GIVEN TO: APPROVED AS TO FORM:
City Manager: Oliver Chi
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648 4WU City Attorneg tgbP.
Phone: 714-536-5202
Fax: 714-536-5233
COUNTERPART
Orange County Housing Finance Trust - Joint Powers Agreement Signature Page
CITY OF GRnD.EN GROVE
Dated: z �
By Steve Jones, J,tayor
ATTEST
i
City Clerk
NOTICE TO CITY TO BE GIVENI TO
City Manager Scott Stiles
City of Garden Grove
1.1.222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714) 741•0100
Fax (714) 741-5044
APPROVED AS TO FORT!
By: _ _
ty Attorne
Orange County Ilousing Finance Trust—Joint Powers Agreement Signature Page
CITY OF 1,0f41u- Tee6-
Dated: 2
By. [Macorl
ATTEST_:n
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager:
City of Loll m 2SU.-
Street Address: — }—�Y Od t"C
!OS{A 1Vle: O- CA a2 Z(2
Phone: IN 1 5 SDQ�
Fax:
APPROVE 9S F 14:
By:
ty r tto ey
Orange County Mousing Finance Trust—Joint Powers Agreement Signature Page
CITY OF FULLERTON
Cy �
Dated: ` /
B us J. Sih a, 1\1avor
ATT SST:
c
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Kenneth A. Domer
City of Fullerton
Street Address: 303 E. Commonwealth Avenue
Fullerton, CA 92832
Phone: 714-738-6310
Fax: 714-738-6758
APkityorTney
FORDO:
By:
Orange County Housing Finance Trust—Joint Powers Agreement Signature Page
MISSION VIEJO HOUSING AUTHORM
Data}; -fZ7 /I//
l
By: Greg Raths, Chair
ATTEST:
Kar In Hamman, ecretary��
NOTICF, TO CITY TO BE GIVEN TO:
City Manager: Dennis Wilberg
City of Mission Viejo
Street Address: 200 Civic Center
!\Mission Viejo, CA 92691
Phone: (949) 470-3051
Fax: (949) 859-1386
APPROVED AS TO FORM:
By:
William P. Curley, City At r ey
Orange County blousing Finance Trust—Joint Powers Agreement Signature Page
CITY OF
Dated:
By: _ [Mayor]
ATTEST:
Po)��,
44
City lerk 0 t n
� 2
NOTICE TO CITY TO BE GIVEN TO:
C'4LI FOB'
City Manager: 6eGAC e , r_tt—
City of NCwna,-j P3taGL, _
StreetAddres: Io0 nv'Ir- �rrter .
Ngmjw t Bead, , CA Q v
Phone: Cf qxjl/f.LLH - 300 1
Fax:
r1PPROVED AS TO FORM:
By U
F,(L CvV_ ttorn y
Orange County Housing Finance Trust-Joint Powers Agreement Signature Page
CITY OF SAN JUAN CAPISTRANO
Dated: S'17-fq
y: Benjamin Si gel, City Manager
ATTEST:
1 P.
� tU
CKy Jerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Benjamin Siegel
City of San Juan Capistrano
Street Address: 32400 Paseo Adelanto,
San Juan Capistrano, CA 92675
Phone: (949) 493-1172
Fax: (949) 493-1053
i
APPROVED AS TO FORM:
,,Q4y Attorney
Orange County Housing Finance Trust —Joint Powers Agreement Signature Page
CITY OF D�ANA POINT
Dated. _�Vt al(I 'LZ, .2 o 4 /" ` 2
JOSEPH L. MULLER, MAYOR
ATTEST:
i
KAPY M. W RD, CITY CLERK
NOTICE TO BE GIVEN TO:
Mark Denny, City Manager
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
APPROVED AS TO FORM:
f
B : '
Patrick Munoz, Ci Attorne
Dated: !D� /�
CIT OF L HAB
Dated: �� l - AD (q
By: J mes G mezMaVor
ATTEST:
une windel , MC
ity Clerk
NOTICE TO CITY TO BE GIVEN TO:
JIM SADRO, CITY MANAGER
CITY OF LA HABRA
110 E. LA HABRA BLVD.
LA HABRA, CA 90631
PHONE: (562) 383-4010
FAX: (562) 383-4474
APPR02YE O FORM.
By:
Ric=
ity Attorney
12
CITY OF PL�ACCE/jNTIA
Dated: ( r rl
By: Rhonda Shader, Mayor
ATTEST:
fi"4w
Robert M. McKinnell, City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Administrator: Damien R. Arrula
City: Placentia
Street Address: 401 E. Chapman Ave
Placentia, CA 92870
Phone: (714) 993-8117
Fax: (714) 961-0283
APPROVED AS TO FORM:
I
Chris ian Bettenhausen, City Attorney
Orange County Housing Finance Trust—Joint Powers Agreement Signature Page
CITY OF ALI SO VIEJO
Dated:
By: Ross Chun, D4ayor
ATTEST:
City C irk�
NOTICE TO CITY TO BE G1\7EN TO:
City Manager: David A. Doyle
City of Aliso Viejo
Street Address: 12 Journey, Su-ite 100
Aliso Viejo, CA 92656
j
Phone: (949) 425-2510 �
Fax: (949) 425-3899
APPROVED AS TO FORA:
BY A—
_crw cull -�
City Attorney
Orange County Housing Finance Trust—Joint Powers Agreement Signature Page
CITY OF Laguna Hills
Dated: August 27, 2019 1w,
lzz _ fiylayorl
Don Sedgwick
ATTEST:
City'Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Don White
City of Laguna Hills
Street Address: 24035 E1 Toro Road
Laguna hills CA 92653
Phone: 949-707-2610
Fax: 949-707-2614
APPROVED AS TO FORM:
By:
City Attorney
Orange County Mousing Finance Trust -Joint Powers Agreement Signature Page
ATTFST CITY OF SANTA AN?A
l�, 4
DAISY GOMEZ Kfistine Ridge
h CLERK OF THE COUNCIL City Manager
APPROVTD AS TO FORM
Sonia It. Carvalho
City Attorney
al
Ry D. ge
Asa , ant ty Attorney
RECOM YIENDED FOR APPROVAL
r
Aten _ . NI o�
Executive Di i or
Community- Development Agency
12
CITY OF A\AHEIIM
Dated:
B arry Sidhu, Mayor ��✓✓
ATTEST:
THer -_a Bass, City Jerk
NOTICE. TO CITY TO BE GIVE\ TO:
City NManager: Chris Zapata
City of Anaheim
200 S. Anaheim Boulevard, 7 h Floor
Anaheim, CA 92805
Phone: (714) 765-5165
Fax: (714) 765-5164
I
APPROVED AS TO FORDO:
By:
Rober hela, City Attorney
Orange County Housing Finance-trust—Joint Powers Agreement Signature Page
I
,
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
March 12, 2019
Submitting Agency/Deportment: OC COMMUNITY RESOURCES
Approve Orange County I lousing Finance Trust Joint Powers Authority Agreement; and receive and file draft bylaws to
facilitate the establishment of the Orange County Housing Finance Trust to provide and receive funds for housing the
homeless population and persons and families of low income under certain conditions-All Districts
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED 0 OTIiER O
Unanimous ® (1) DO: V (2) STEEL: Y(3) VACANT: (4) CHAFFEF: Y(5)BARTLETT: Y
Vote Key: Y=Yes;N=No;A=Abstain;X=Excused; B.O.=Board Order
Documents accompanying(his matter.
O Resolution(s)
O Ordinances(s)
O Contract(s)
Item No. S22C
Special Notes:
Copies Sent to:
OCCR—Dylan Wright
0
1 certify that the foregoing is a we and correct copy of the Minute Order adopted
by the Board of Supervisors,orange County,State of California.
Robin 51ieler,Clerk of the Board
By. Q-..-
Deputy
1
i
i
Res. No. 2020-13
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on February 18, 2020 by the following vote:
AYES: Posey, Delgleize, Hardy, Semeta, Carr, Brenden
NOES: Peterson
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California