HomeMy WebLinkAboutOrange County Housing Finance Trust (OCHFT) - 2020-02-18 -Nv)
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City of Huntington Beach
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File #: 20-1400 MEETING DATE: 2/18/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Ursula Luna-Reynosa, Community Development Director
Subiect:
Consider adopting Resolution No. 2020-13 related to the Joint Exercise of Powers for
Membership in the Orange County Housing Finance Trust (OCHFT) , and authorize the City
Manager to execute the Orange County Housing Finance Trust Joint Powers Authority (JPA)
Agreement
Statement of Issue:
Jamboree Housing, which is currently pursuing the development of a 43-unit senior permanent
supportive housing project at 18431 Beach Boulevard, recently requested that the City of Huntington
Beach consider joining the Orange County Housing Finance Trust ("OCHFT"), in order to allow them
the opportunity to pursue affordable housing funds available through that particular entity. OCHFT
was formed in 2019 as a Joint Powers Authority ("JPA") between the County of Orange and cities
throughout the County. Enacted by Assembly Bill 448, the OCHFT is intended to provide a greater
opportunity for Orange County cities to attract and secure funding for affordable housing and
supportive housing. Services associated with supportive housing may include social services, mental
health services, health care, counseling, job placement, veterans' affairs, and life and budget
planning. The State has provided additional funding for affordable housing and is providing several
billion dollars for eligible efforts and projects. The City's membership in the OCHFT would provide
affordable housing developers access to gap funding for projects located in Huntington Beach as this
source of funding is not available within nonmember municipalities. This added source of funding
makes it more likely that affordable housing projects proposed within Huntington Beach would be
financially viable. Adopting the proposed City Council Resolution and the executing the Joint Powers
Agreement would enable the City to join the OCHFT.
Financial Impact:
The estimated fiscal impact, effective, 7/1/2020, would be approximately $21,060 annually. If
approved, the City will identify a funding source for this expenditure as part of the budget process.
Additional information related to this expenditure follows.
Administration of the OCHFT will be funded through a combination of grants as well as annual
payments from the County and the member cities on a pro-rats share basis based on population.
Staffing for the first year of the OCHFT (Fiscal Year 2019-2020) includes contract employees and
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consultants. The County is assuming all administrative costs incurred during Fiscal Year 2019-2020.
Moving forward, the OCHFT's administrative costs are calculated through an allocation formula
where the County pays for 4/9 of the total annual costs and the member cities pay the remaining 5/9
share.
Preliminary cost estimates provided by the OCHFT estimate Huntington Beach would contribute
$21,060 per year (Attachment 1). Variables affecting cost include the number of member cities,
funding sources that can be used to cover administrative expenses, and the adopted
administrative budget.
If costs exceed a certain threshold, the City would have the option to terminate its membership.
The City maintains the right to withdraw from the JPA subject to a written resolution and by
providing a six-month notice.
Recommended Action:
A) Adopt Resolution No. 2020-13, "A Resolution of the City Council of the City of Huntington Beach
Relating to the Joint Exercise of Powers for Membership in the Orange County Housing Finance
Trust;" and,
B) Authorize the City Manager to execute the proposed Joint Powers Agreement to join the Orange
County Housing Finance Trust.
Alternative Action(s):
Do not pass the Resolution to join the OCHTF.
Background:
In June 2018, the Orange County Board of Supervisors approved a Housing Funding Strategy in
response to the shortage of affordable housing in Orange County. The Housing Funding Strategy
set a target for the development of 2,700 new supportive housing units within seven years and
identified a need for an additional 2,700 affordable housing units during the same time period. The
County estimated the capital funding requirements for the 2,700 supportive housing units at $930
million. Given the potential funding sources known at the time, a capital gap of$353 million was
identified, along with an estimated $350 million funding gap in operating and rental subsidies (per
the Orange County Community Resources: Housing Funding Strategy report). In September 2018,
the Association of California Cities, Orange County ("ACC-OC") worked with state legislators to pass
Assembly Bill 448 (Attachment 2).
AB 448 allows Orange County cities and the County to work together to form the OCHTF and
provide Orange County with greater opportunity to attract and secure competitive funding for
affordable housing projects, such as state bond funds, grants and private contributions. The
OCHFT applies for and receives funding from federal and state agencies and then awards funding
to individual projects in Orange County based on certain criteria. Examples of funding sources
include Proposition 1, Senate Bill 2, and Community Development Block Grant funds. Funding
sources approved by the Governor through the State Budget or legislation could provide additional
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funding opportunities.
The OCHFT is structured as a JPA that shares, among city members and the County of Orange, the
power to secure and allocate funding for affordable housing projects and programs. The JPA
Agreement (Attachment 3) sets forth the powers, generally to fund affordable and support housing
projects that the member cities and County would share. The OCHFT Board of Directors includes
nine total members. There are four representatives from the County of Orange and five
representatives from member cities. Currently, the County Appointed Representatives include
Supervisors Do and.Chaffee, Treasurer/Tax Collector Shari Friedenrich, and Sheriff Don Barnes.
City Representatives include Anaheim Councilmember Stephen Faessel, Dana Point
Councilmember Jamey Federico, Laguna Niguel Mayor Mark Jennings, Mission Viejo
Councilmember Ed Sachs, and Santa Ana Councilmember David Penaloza. Per the terms of the
JPA, the OCHFT does not build, own, or manage projects. OCHFT cannot require projects be
located in specific cities, require member cities to take an allocation of supportive housing units, or
require that cities provide a local funding match. The OCHFT Board of Directors determines whether
a funding application meets its criteria. The local jurisdiction maintains land use control and
processes the entitlement consistent with its municipal code requirements.
The County of Orange became a member of the OCHFT on March 12, 2019. As of the writing of this
staff report, there are twenty-two member cities of the OCHFT, including Aliso Viejo, Anaheim, Buena
Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, La Habra, Laguna Beach,
Laguna Hills, Lake Forest, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Placentia, San
Juan Capistrano, Santa Ana, Stanton, Tustin and Westminster. If the attached Resolution
(Attachment 4) is adopted by the City Council, Huntington Beach would be able to become a member
of the OCHFT.
Current Status
The OCHFT Board of Directors held its inaugural meeting on Thursday, June 27, 2019. During this
meeting, the Board of Directors adopted its Conflict of Interest Code and received presentations
related to the OCHFT. On August 30, 2019, the Board of Directors held its second meeting. During
this meeting, the Board adopted the Trust By-laws (Attachment 5), elected officers of Chair and Vice
Chair, and authorized the OCHFT to start applying for funding opportunities.
Over the next few months, the OCHFT will apply for state funding specifically allocated to local
housing trusts. The OCHFT will also lobby for additional discretionary state and federal funding.
To date, the County of Orange approved $5 million to the OCHFT towards the development of
supportive housing. Additionally, the State of California recently approved $1 million to OCHFT
for the same purpose. On January 24, 2020, the OCHFT issued its first Notice of Funding
Availability ("NOFA") that would total up to $11.5 million.
The OCHFT allows the Orange County region to be more competitive for federal or state funds. This
regional approach is intended to bring back to Orange County tax dollars that would otherwise be
distributed to other jurisdictions. Membership in the OCHFT allows developers building affordable
housing to access additional sources of gap funding for projects. A city must be a member of the
OCHFT for a developer to apply for funds for a project within that city.
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Discussion:
Huntington Beach, our Housing Element, and the OCHFT
In late January of 2020, Jamboree Housing Corporation ("Jamboree") closed on the property
located at 18431 Beach Boulevard (Beach and Main). The City provided a $3 Million acquisition
loan to subsidize affordable housing for extremely low seniors. Jamboree has requested the City
apply for membership to the OCHTF so that their proposed Huntington Beach project can qualify
for available funds under the NOFA issued in January 2020. (Attachment 6)
On February 3, 2020, the City Council approved amendments to the City's Housing Element and
Beach Edinger Corridor Specific Plan which put the City's Housing Element in compliance with
state housing law and eligible for Housing and Community Development ("HCD") certification. With
this approval, the City is now in compliance with state law and is able to access state funding
through the OCHFT, as well as other funding sources.
Environmental Status:
Staff has determined the project is not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) the activity is not a project as defined
in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. OCHFT Administrative Expense Allocation Formula Policy and Procedures
2: OCHFT Authorizing Bill - AB 448 (2018)
3. Resolution No. 2020-13, w/Exhibit "A" OCHFT Joint Powers Authority Agreement
4. OCHFT Joint Powers Authority By-laws
5. Request to Join OCHFT from Jamboree
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ATTACHMENT # 1
Orange ! Housing
I Finance
County AGENDA ITEM:4
j Tru st
REQUEST FOR ORANGE COUNTY HOUSING FINANCE TRUST(TRUST) BOARD ACTION
MEETING DATE: January 15, 2020
SUBJECT: Approval of Proposed Trust Administrative Expense Allocation Formula Policy and
Procedures.
Adam B. Eliason, Manager
RECOMMENDED ACTION:
1. APPROVE THE PROPOSED TRUST ADMINISTRATIVE EXPENSE ALLOCATION FORMULA
POLICY AND PROCEDURES.
BACKGROUND:
At the October Trust Board Meeting it was requested that the January Board Meeting include a
discussion and recommendation on how the administrative expenses for the Trust would be
allocated to Trust Members for the 2020-2021 Fiscal Year Budget.
The Funding Strategy Ad Hoc Committee reviewed a proposed allocation at their December 3,
2019 meeting. This allocation formula is the same as prepared by the Association of California
Cities—Orange County (ACC-OC) when they led the effort to recruit cities to join the Trust.
While not binding, ACC-OC provided this example allocation formula to cities who were
considering a membership with the Trust.
The ACC-OC allocation formula followed the Board composition ratio with the County always
paying 4/9th of the Trust administrative budget and the cities always paying 5/9th of the Trust
administrative budget. Member cities were then divided by population size with large cities
(>95,000) paying twice as much as medium cities (60,000—95,000) and medium cities paying
twice as much as much as small cities (<60,000). Any outside grant/donation funding that
allows payment for administrative expenses would lower the total amount required by all Trust
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members. ACC-OC also calculated scenarios with 15-28 cities and at different administrative
expense levels with the highest at $350,000 a year.
The ACC-OC expense number does not provide any level of detail. Attachment B provides the
formula allocation and amounts per member based upon current membership and Trust
administrative expenses of$454,900 for the Fiscal Year 2020-21. Even at the ACC-OC lesser
amount of$350,000,the ACC-OC member contributions were in the range of$2,000-$6,000 for
small cities,$4,000-$12,000 for medium cities and$8,000-$24,000 for large cities. Based upon
twenty-one (21)Trust Members and the$454,900 amount, the formula allocation has each city
size category paying less than the maximum ACC-OC estimated amounts.
The Trust will be applying for a State Grant in 2020 and has a very strong chance of not only
receiving a sizable project funding grant but up to$50,000 per year for 5 years in administrative
expenses which will lower the net Trust administrative expense total each year. However,
grant awards will be in September 2020 and start benefiting the Trust next fiscal year.
Staff and the Funding Strategy Ad Hoc Committee recommends approval of this agenda item.
ATTACHMENT:
Attachment A-Administrative Expense Allocation Formula Policy and Procedures
Attachment B—FY 2020-2021 Administrative Funding Sources
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Attachment:A
DRAFT
ORANGE COUNTY HOUSING FINANCE TRUST (Trust)
Administrative Expense Allocation Formula Policy and Procedures
DRAFT January 15, 2020
1. The County shall pay 4/9th and Member Cities shall pay 5/91h of the annual Trust
administrative expenses, less any grant or donated funds approved for administrative
expenses, or other Trust reserve funds approved by the Board.
2. Member Cities shall pay their 5/9th allocation based upon the following formula
allocation:
a. Small Cities shall be cities with a population size less than 60,000.
b. Medium Cities shall be cities with a population size between 60,000 and 95,000
and shall pay twice as much as Small Cities.
c. Large Cities shall be cities with a population size greater than 95,000 and shall
pay twice as much as Medium Cities
3. Annual Member contribution amounts shall be reviewed and approved by the Board at
the May Board Meeting.
4. Annual Member contributions will be invoiced to Trust Members no later than June 1st
and due July 111 of each year.
5. Member contributions to the Trust 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 determined
by the Board in advance of such services. (JPA Section 7(c)(1))
6. In the case of a voluntary withdrawal of any Member from the Trust, written notice shall
be given to the Trust six months prior to the effective date of withdrawal (JPA Section
10(b)(1)).
7. Unless otherwise provided by a unanimous vote of the Board of Directors,withdrawal
from the Trust shall result in the forfeiture of that Members rights and claims relating to
distribution of property and funds upon termination (JPA Section 10(b)(2)).
S. Non-Member cities that join the Trust after the annual May Board Meeting will pay a
pro-rated amount based upon the most recent allocation formula approved by the
Board and based upon their size category. The pro-rated amount will be calculated
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based upon their Council date approving membership with the Trust and through June
30cn
9. Initial date of Trust membership requires the payment of the pro-rated Member
contribution.
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817
Orange Housing Attachment B
� Finance
County Trust
FY 2020-2021 Administrative Funding Sources
TOTALUNAING NEEDED
.OUTSIDE FU1IDlN.G SpURCE5
2020 LHTF 5%Admin
Total Cit Members Funding Needed $`252,725
CITY SIZE POPULATION QUANTITY EACH TOTAL TOTAL
SMALL <60,000 8 $5,265.10 $ 42,121
TOTAL OUTSIDE FUNDING`.SOURCES. $0 MEDIUM 60,000-95,000 6 $10,530.21 $ 63,181
LARGE >96.000 7 $21,060.42 $ 147,423
TOTAL MEMBER FUNDING NEEDED 5454,9DD 100.00% 21 Total $ 252.725
LESS COUNTY MEMBER CONTRIBUTION $2D2,17fi 44.44%
TOTAL CITY'MEMBERS CONTRIBUTION 5262,725 55.56% POPULATION SMALL MEDIUM LARGE
Aliso Viejo $5,265 51,950 1
Anaheim $21,060 357,084 1
Buena Park $10,530 83.995 1
Costa Mesa $21,060 115.2961 1
Dana Point $5,265 34.071 1
Fountain Valley $5,265 56,920 1
FulleRon $21,060 144,214 1
Garden Grove $21,060 176,896 1
La Habra $10,530 62,850 1
Laguna Beach $5,265 23,309 1
Laguna Hdls $5,265 31,818 1
Laguna Niguel $10,530 65,377 1
Mission Vie' $21,060 95,987 1
Newport Beach $10,530 87,182 1
Orange $21,060 141,952 1
Placenta $5,265 52,755 1
San Juan Capistrano $5,265 36,759 1
Santa Ana $21,060 338,247 1
Stanton $5,265 39,470 1
Tustin $10,530 82,344 1
Westminster $10,530 94,476 1
TOTAL:MEMBER FUNDING 5252,726 e 6 7
Page 1 818
ATTACHMENT #2
��.r. ST..TL+of C.11.3f17f1N1A
AUTNENT{CATEO
. EIFCEAONIC LEGAL MAiFAIAL
Assembly Bill No.448
CHAPTER 336
An act to add Section 6539.5 to the Government Code,relating to joint
powers.
[Approved by Governor September 11,2018.Filed with
Secretary of State September 11,2018]
legislative counsel's digest
AB 448,Daly.Joint powers authorities:Orange County Housing Finance
Trust.
Existing law authorizes 2 or more public agencies,by agreement,to form
a joint powers authority to exercise any power common to the contracting
parties,as specified.Existing law authorizes the agreement to set forth the
manner by which the joint powers authority will be governed.
This bill would authorize the creation of the Orange County Housing
Finance Trust,a joint powers authority,for the purposes of funding housing
specifically assisting the homeless population and persons and families of
extremely low,very low,and low income within the County of Orange,as
specified.
This bill would make legislative findings and declarations as to the
necessity of a special statute for the County of Orange.
The people of the State of California do enact as follows:
SECTION 1.The Legislature finds and declares all of the following:
(a) The County of Orange is in the midst of a fluid and worsening
homelessness crisis. Since 2013,the county has experienced a 53-percent
increase in the unsheltered homeless population,many ofwhom have sought
shelter over the last five years on the Santa Ana riverbed and at the Orange
County Civic Center in SantaAna.
(b) There has been a lack of regional focus that continues to stymie the
implementation of a long-term solution to homelessness in the County of
Orange.
(c) The County of Orange and the cities within the county have worked
together to develop an approach under the Joint Exercise of Powers Act
(Article 1 (commencing with Section 6500)of Chapter 5 of Division 7 of
Title 1 of the Government Code) to establish and authorize the use of an
Orange County Housing Finance Trust that would not only be responsible
for responding to the homelessness crisis with the development of capital
projects and the acquisition of necessary funds for those projects,but also
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Ch.336 —2—
for helping the county respond to the low-income and affordable housing
crisis that the region is experiencing in tandem with the homelessness crisis.
(d) Permanent supportive housing and other services provided to those
within that form of housing is a nationally recognized model for ending
chronic homelessness, and can assist the County of Orange in its response
to the homelessness crisis.
(e) Neither the Orange County Housing Finance Trust nor the act
authorizing the creation of the Orange County Housing Finance Trust do
any of the following:
(1) Regulate land use in cities or in the unincorporated area ofthe County
of Orange.
(2) Authorize the Orange County Housing Finance Trust to serve as an
owner or operator of housing units.
(3) Authorize the Orange County Housing Finance Trust to, in any
manner,exercise any authority to levy,or advocate or incentivize the levying
of,any fee,charge,dedication,reservation,tax assessment,or other exaction
related to development projects.
(4) Authorize the Orange County Housing Finance Trust to require or
incentivize inclusionary zoning requirements. It is the intent of the
Legislature that the power to adopt inclusionary zoning ordinances remain
with the entities that possess land use and planning authority.
SEC.2.Section 6539.5 is added to the Government Code,to read:
6539.5. (a) (1) Notwithstanding any other law,the County of Orange
and any of the cities within the County of Orange may enter into a joint
powers agreement pursuant to this chapter to create and operate a joint
powers agency to fund housing to assistthe homeless population and persons
and families of extremely low, very low, and low income, as defined in
Section 50093 of the Health and Safety Code,within the County of Orange.
(2) The joint powers agency created pursuant to this section shall be
known as the Orange County Housing Finance Trust, and shall be created
and operate in accordance with this section.
(b) The Orange County Housing Finance Trust shall be governed by a
board of directors consisting of elected officials representing the County of
Orange and representative cities that are party to the joint powers agreement.
(c) Notwithstanding any other law,the Orange County Housing Finance
Trust may do any of the following:
(1) Fund the planning and construction ofhousing of all types and tenures
for the homeless population and persons and families of extremely low,
very low, and low income, as defined in Section 50093 of the Health and
Safety Code,including,but not limited to,permanent supportive housing.
(2) Receive public and private financing and funds.
(3) Authorize and issue bonds,certificates of participation,or any other
debt instrument repayable fi•om funds and financing received pursuant to
paragraph(2)and pledged by the Orange County Housing Finance Trust.
(d) The Orange County Housing Finance Trust shall incorporate into its
joint powers agreement annual financial reporting and auditing requirements
that shall maximize transparency and public information as to the receipt
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—3— Ch.336
and use of funds by the agency.The annual financial report shall show how
the funds have furthered the purposes of the Orange County Housing Finance
Trust.
(e) The Orange County Housing Finance Trust shall comply with the
regulatory guidelines of each specific state funding source received.
SEC. 3. 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 lb of Article 1V of the California Constitution because
of the unique challenges faced by the County of Orange and the cities located
within the county in addressing the housing needs of extremely low,very
low,and low-income households and the homeless within the county.
O
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ATTACHMENT #3
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 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 tt e City Council of the City of Huntington Beach at a
regular meeting thereof held on the ► day of �eb rttiw� , 2020.
Mayor
APPROVED AS T FORM:
UIE D AN PP ED: Al
n City Attorney �\
City Manager V
INITIATED A ROVED:
AXA_,a
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 TO FORM:
REVIEWED AND APPROVED:
n City Attorney \,
City Manager
INITIATED A ROVED:
Director of Community Development
COUNTERPART
20-8470/2.24826 3
,QF%WPJAJ Ald. U20-13
��i-tiger A ,
ORI SNAL
CLERK OF Tt4E HOARD
ORANGE CJUtf"Y
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is
made this,*day off 7l"EF— , 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.
1
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
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 50093 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 I 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.
t
I
d. 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 powors 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 OCFFT 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 500M 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 bo 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 I
social programs or services to its residents as it deems proper and necessary.
Section 2. Term and Termination.
(a) 'Perm. This Agreement, shall become effective, and OCHE"P shall come
into existence; on the Fffective 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 he dissolved and. after
payment or provision for payment of all liabilities, the assets of OCHFT shall he
distributed to the Parties in proportion to the contributions of each Party to OCHFT
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
2
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 clisburse grants, loans and other
aids from any agency of the United States of America or of the State of California;
(5) to invest anc money in the treasury pursuant to Section G505.5
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;
(8) to purchase obligations of any Party;
(0) to engage the services of private consultants to render
professional and technical assistance and advice in carrying out the purposes of this i
Agreement:
I
(10) to employ and compensate counsel including bond counsel, I
financial consultant's, 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;
3
(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 OCHE F; and
(16) to exercise any and all other powers as may be provided for
OCHFT 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;
I
(6) approve a housing project or program that is not supported by
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 accept or 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.
4
(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) Two city- council members who are each selected from member
cities. which are not already represented on the Board of llirectors. 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 OCUF F 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 OCHF F s bylaws, the Board of f
Directors may convene an ea o(ficio advisory board that may include a public f
member, city managers or assistant city managers, the County Executive Officer, a
representative from law enforcement, and a representative from a housing
authority.
' I
(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 it 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) Jloetinas 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 A1. Brown Act.
(2) Regular il4eetings. 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 he 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
5
decision done or made by a majority of the Directors present at any 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 and conditions as the Board may require. .
including the retaining of professional and technical assistance, provided that;
adequate funds are available in OCHFT'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 OCIIFT. 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
6
official bond required herein. The premiums on any such bonds attributable to the
coverage required herein shall be an appropriate expense of OCIIFT.
(c) Attorney. The Board of Directors shall have the power to appoint one
or more legal advisors to OCIIFT 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 OCHFT, including the
services described in Section G, 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 OCHF"1' 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 retirement 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 G, subdivision (d)(2), shall not preclude a Party
providing administrative services to OCIIFT pursuant to a contract with OCI-Ii T
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 clay 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 June.
(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.
7
(c) Contributions by the Parties.
(1) Administrative Cost Contribution:. The County shall be
responsible for OCHFT's administrative costs for one year following the creation of
OCHFT. After this 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 OCHFTs
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 OCHFT 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 OCHFT" shall 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 OCHFT 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.
8
Section 8. 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 OCHPT.
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 OC111"r.
I
Section 10. Admission and Withdrawal of Parties j
i
(a) Admission of New Parties. It is recognized that additional parties i
other than the original parties, may wish to join OCHFT. The County of Orange and
any Orange County city may become a party to OCHFT 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 j
Agreement and agreeing to any additional terms and conditions that may be I
established by the Board of Directors.
1
(b) �Vithdrawal from OCHE E 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 OCI-IFT. 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 OCHF7 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 OCHF"1' for formal notice:
9
(a) County of Orange:
Santa Ana, California
(b) City of
Section 12. Miscellaneous.
(a) Section Headings, 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) u � This Agreement may be executed in any number of
counterparts,eae of�which shall be deemed to be an original, but all together shall
constitute but one and the same Agreement.
(c) Laws Governing. 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.
(a) Successors. This Agreement shall be binding upon and shall inure to
the benefit of the successors of the respective Parties hereto.'No party may assign
any nght or obligation hereunder without the written consent of a 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 of SiiiobrOisors
10
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE.BOARD *0'
1 � ,.
Clerk of the Board of Supervisors
County of Orange, California
NOTICE TO COUNTY OF ORANGE
TO 13E GIVEN TO:
FRANK KIM
COUNTY EXECUTIVE OFFICER
10 Civic Center Plaza
SANTA ANA, CA 92 i02.4062
APPROVED AS TO FORM:
LEON PACE
COUNTY COUNSEL
By OVA
Dated:
11
CITY OF HUNTINGTON BEACH
REVI WED AND APPROVED:
City Yianager
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 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 PORAd:
City Manager: Oliver Chi
City of Huntington Beach
•2000 Main Street
Huntington Beach, CA 92648 1�Citt
y Attorne}l
Phone: 714-536-5202
Fax: 714-536-5233
COUNTERPART
Orange County Housing Finance Trust - Joint Powers Agreement Signature Page
CITY O��F�GRRDE\ GROVE
Dated: Z? G ( ,lN""�
By: Steve Jones. Dlayor
ATTEST
City- Clerk
NOTICE TO CITY TO BE GINTEN TO:
City Manager: Scott Stiles
City of Garden Grove
1.1222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714) 741-b100
Fax: (714) 741-5044
APPROVED AS TO FORDO:
By:
ty Attorne
Orange County Housing Hnance Trust—Joint Powers Agreement Signature Page
CITY OF
i
Dated: -6 Z- 1 G(
a
By. Itirayorl
�1'I"1'F,ST:
Citv Clerk
NOTICE TO CITY TO BF. GIVEN TO:
City Manager:
City of Pf2Ck.
Street Address: -J_P�"GA1 L7vi V-P
_(04M Mew CA aZ 26
Phone: 1 I N-1 5't} 5ocfl 1
Fax:
APPROVE, AS F VI:
Bv:
itv f
to ey
Orange County Housing Finance "Crust--Joint Powers Agreement Signature Page.
CITY OF FULLERTON
Dated: ` lY /
B esus J. Silva, Itlavor
ATT :ST:
c
i
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
AP kyo
TO FOIZl1:
Bv:
ney
0range County I lousing Finance Trust--Joint Powers Agreement Signature Page
MISSION VI :JO HOUSING AUTHORITY
Dated:
By: Greg Raths, Chair
A'I"PEST:
Kal�m Ham an, ecrUarN
NOTICE TO Cl`TY TO ICE GIVEN TO:
City Manager: Dennis Wilberg
City of Mission Viejo
Street Address: 200 Civic Center
IN-Mission Viejo, CA 92691
Phone: (949) 470-3051
Fax: (949) 859-1386
APPR0VH;D, AS_TO �rORN—I:
13v:
William P. Curlev, Citv At r ev
Orange County I Iousing Finance "Trust— Joint Powers Agreement Signature Page
CITY OF
Dated: �'e� ( Jn
By: -.favor]
ATTEST:
PORr
4� eY
City- , erk O f n
1 2
NOTICE TO CITY TO BE GIVEN TO: 'J w
�P
Cq LIFOP-e�
City Manager: leC� rJe�_
City of }3rac P� I
Street Address: I6t7 G'✓i e Cr-- Ater
I�Nkmgor- B a CA 92foloo
Phone: LT4n. (oL114 — 300.1
Fax:
APPROVED AS TO FORM:
By': IG>tac�GymmP✓l^ U
F X 4Cty_ ttorn y
Orange County I lousing Finance Trust—Joint Powers Agreement Signature Page
CITY OF SAN JUAN CAPISTRANO
Dated: S.17-tj
Y y: Benjamin Si gel, City Manager
ATTEST:
I� tv(
C 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
I
APPROVED AS TO FORM:
By: Ay�Attorney
�
Orange County Housing Finance Trust—Joint Powers Agreement Signature Page
CITY OF DDAANNA POIN
Dated: M alb L2r Z o 1 cj 2
JOSEPH L. MULLER, MAYOR
ATTEST:
KA7HY 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:
I
i
B . i
Patrick Munoz, Ci Attorne
Dated: f� ' �/ //1
CIT OF L4HABDated: �� ( � 1 � (q By: J mes
ATTEST:
une Swindell , 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
APPRO O FORM:
By:
Ric Jon Cily Attorney
12
CITY OF/PLACENTIA
Dated:
By: Rhonda Shader, Mayor
ATTEST:
&4�'W
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:
2
By: /i./ ( ,c). .
Cans ran Bettenhausen, City Attorney
Orange County Housing Finance Trust—Joint Powers Agreement Signature Page
CITY OI' M.180 VIEJO
Date,:
By: Ross Chun, -layor
ATTEST:
G
city IC -ri�
;
NOTICE TO CITY TO RE GIVEN TO:
City Mannger: David A. Doyle
City of Aliso Viejo
Street Address: 12 Journey, Suite 100 ,
.Viso Viejo, CA 92656
Phone: (949) 425-2510
Fax: (949) 425-3S99 i
-,WPRO'v�D AS TO FOR:II: i
By: ��
Cit} Attornec
Orange County Housing Finance Trus'.—Joint Powers Agreement Signature Page
CITY OF Laguna Hills
Dated: August 27, 2019 '
_,mayor
Don Sedgriick
ATTEST:
City Clerk ZI/
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Don White
City of tuna Hills
Street Address: 24035 El Toro mad
Laguna Hills__ , CA 32653
Phone: 949-707-2610
Fax: 949-707-2614
APPROVED AS TO FORM:
By:
City Attorney
Orange County I lousing Finance Trust -Joint Powers Agreement Signature Page
ATTEST CITY OF SANTA ANA
DAISY GOMEZ Kristine Ridge
J CLERK OF THE COUNCIL City- Manager
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
al
Ry ge
Ass an%t ty Attorney
RECOMMENDED FOR APPROVAT,
teven Y Ai or
Executive Di i or
Community Development Agency
12 !
CITY 0FANALIElM
Dated:
B ttrrp Sidhu; �4avor
ATTEST:
0
T as Bass, Ciiy le- k
NOTICE: TO CITY TO BE GIVEN TO:
City ?vfanager: Chris Zapata
Cii.v of Anaheim
200 S. Anaheim Boulevard, Floor
Anaheim. CA 92805
Phone: (714) 765-57.65 �
Fax: (714) 765-516,1
i
APPROVED AS TO FORM: �
By:
Robert •ahela, tatty Attorney
Orange County (lousing Finance Trust —Joint Powers Agreement Signature Page
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
March 12, 2019
S146m tin en /I)gparrmenl- OC COMMUNITY RESOURCES
Approve Orange County Housing 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 RF:COMMENDE•D ® OTIIER O
Unanimous N (1) DO: Y (2)STEEL: V (3)VACANT: (4)CHAFFEE: Y(5)BARTLETT: Y
Vote Key: Y-Yes: N=No:A-Abstain:X•-Frcused; B.O.-Board Order
Documents accompanying this matter:
13 Resolution(s)
O Ordinanccs(s)
O Contract(s)
Item No. S22C
Special Notes:
Copies sent to:
OCCR—Dylan Wright
1 certify that the foretwng is a true and coned copy of the Minute Order adopt d
by the Board of Supervisors,Orange Cat:nty,Slate of Califomia
Robin StiOcr.Clcrk of�tt)iee Board
fly in,—
Deputy
1
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
ATTACHMENT #4
ORANGE COUNTY
HOUSING FINANCE TRUST
Bylaws
APPROVED BY THE
ORANGE COUNTY HOUSING FINANCE TRUST
BOARD OF DIRECTORS
ON AUGUST 30, 2019
837
OC Housing Finance Trust Bylaws
Page 2 of 12
TABLE OF CONTENTS
PART1. INTRODUCTION....................................................................................................... 3
SECTION 1.01 AUTHORIZING LEGISLATION ....................................................................3
SECTION 1.02 OCHFT MISSION AND VISION.................................................................... 3
SECTION 1.03 OCHFT GUIDING PRINCIPLES.................................................................... 3
PART2. BYLAWS.................................................................................................................. 4
ARTICLE1 NAME......................................................................................................... 4
ARTICLE 2 MEMBERSHIP AND PURPOSE........................................................................ 4
ARTICLE 3 BOARD OF DIRECTORS................................................................................ 6
ARTICLE 4 DUTIES OF OFFICERS AND BOARD MEMBERS............................................. S
ARTICLE5 MEETINGS.................................................................................................. 9
ARTICLE 6 FINANCIAL REVIEW AND OVERSIGHT ...................................................... 10
ARTICLE 7 OCHFT Board CODE OF CONDUCT ......................................................... 10
838
OC Housing Finance Trust Bylaws
Page 3 of 12
Part 1 — Introduction to the Orange County Housing Finance Trust
(OCHFT)
1.1 Establishment
Chapter 336 of the California Statutes of 2018 (AB 448, 2018, Quirk-Silva, Daly, and Moorlach)
was entered into law on September 11, 2018. Chapter 336 authorized 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, 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 50093 of the Health
and Safety Code, including, but not limited to, permanent supportive housing; (2) receive public
and private financing and funds; and(3) authorize and issue bonds, certificates of participation, or
any other debt instrument repayable from funds and financing received and pledged by the Orange
County Housing Finance Trust.
The OCHFT was established on March 12, 2019 by the execution of the Joint Exercise of Powers
Agreement (the "Agreement") by and between the Cities of Fullerton, Newport Beach, Garden
Grove, San Juan Capistrano,and Costa Mesa(collectively,the"Cities")and the County of Orange
the "County"). These Bylaws were adopted by OCHFT's Board of Directors and provide for the
organization and administration of OCHFT. These By-Laws supplement the Agreement.
1.2 OCHFT Guiding Vision and Mission
Following the passage of AB 448, the County of Orange and ACC-OC formed a collaborative
working group to establish the OCHFT. As such,the working group, comprised of elected
officials and staff from both the County and Cities worked to create the guiding vision and
mission as follows:
The vision of OCHFT is to provide innovative financial solutions for the humanitarian crisis
of homelessness in our local communities.
The mission of OCHFT is to strengthen the communities in Orange County by financing the
development of housingfor homeless and low-income individuals and families.
1.3 -OCHFT Guiding Principles
The guiding principles of the OCHFT:
1. Implement the findings and declarations of AB 448.
2. Provide funding based on principles of fiscal responsibility and demonstrated value to the
taxpayer and funder.
839
OC Housing Finance Trust Bylaws
Page 4 of 12
3. Retain local control and the ability for local governments to use OCHFT funding for
housing solutions when needed,or to participate within the region as a whole.
4. Demonstrate accountability and transparency for members of the JPA and the public.
5. Promote public-private partnerships,nonprofit collaborations, and community building to
maximize sources of funds public and private,when available, and to efficiently
accelerate housing for low, very low and extremely low income individuals and families.
5. Provide opportunities to strengthen local partnerships and increase capacity of local cities
and agencies engaged in fulfilling housing goals.
7. Commit to innovation and best practices in financing,production, and service delivery in
supportive housing.
8. Serve the region's needs geographically by(1) extremely low, very low, low income, and
supportive housing types and(2)by population.
9. Foster collaborative planning to allow for project prioritization and establish a pipeline of
projects.
10. Provide access to funding to ensure that Orange County receives the maximum benefit for
the resources provided.
11. Incorporate County's Coordinated Entry System in conjunction with the cities' locally-
driven protocols to ensure that the developed housing resources has appropriately
targeted and prioritized eligible homeless populations for each project.
Part 2 — Bylaws of the OC Housing Finance Trust
ARTICLE I -Name
The name of this entity shall be the"Orange County Housing Finance Trust"or"OCHFT" in
these Bylaws.
ARTICLE II—Membership and Purpose
Section A: OCHFT Membership
840
OC Housing Finance Trust Bylaws
Page 5 of 12
OCHFT is comprised of the County of Orange and the cities have executed OCHFT's Joint
Powers Agreement(see Exhibit "A"). The Agreement may be amended from time to time, as
needed, and is incorporated herein subject to those amendments.
Section B: Purposes,Functions and Preclusions
The vision of OCHFT shall be to provide innovative financial solutions for the humanitarian
crisis of homelessness in our local communities, in furtherance of OCHFT's mission as stated in
Part 1, Introduction. More specifically, the purpose and functions of OCHFT shall be:
1. To fund the planning and construction of housing 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,housing that includes supportive
services;
2. To receive public and private financing and funds;
3. To follow annual financial reporting and auditing requirements that maximize transparency
and maximize public information as to the receipt and use of funds by the agency. The annual
financial report shall show how the funds have furthered the purposes of the Orange County
Housing Finance Trust; and
4. To comply with the regulatory guidelines of each specific state and federal funding source
received.
OCHFT is specifically precluded from:
1. Regulating land use in cities or in the unincorporated area of the County of Orange.
2. Serving as an owner or operator of housing units.
3. Exercising any authority to levy, or advocate or incentivize the levying of, any fee, charge,
dedication,reservation,tax assessment,or other exaction related to development projects.
4. Requiring or incentivizing inclusionary zoning requirements.The power to adopt inclusionary
zoning ordinances remain with the entities that possess land use and planning authority.
841
OC Housing Finance Trust Bylaws
Page 6 of 12
5. Providing OCHFT funding for a project that is opposed by the elected body (if within an
incorporated area, the City Council, or if in an unincorporated area,the Orange County Board
of Supervisors)in which the project is proposed to be located.
ARTICLE III—Board of Directors
Section A: OCHFT Board of Directors
1. All members of the Board of Directors must be from a member of the governing board of a
party to the Agreement.
2. Board of Directors. The nine(9)voting members of the Board of Directors of OCHFT shall
be as described below. Each member shall be entitled to one (1) vote on the Board:
a) County Representatives (4):
i. Two members of the Board of Supervisors of the County of Orange,
selected by the Board of Supervisors; and
ii. 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.
A city member within each Service Planning Area with a population larger than a
current appointee under Section A.2 (b)(i)-(iii), shall be seated to the Board of
Directors at the end of the term of the currently seated Director for that Service
Planning Area.
b) City Representatives (5):
i. One City Council member for the city member with the greatest
population in the North Region Service Planning Area as measured in the most recent
decennial census.
ii. One City Council member for the city member with the greatest
population in the Central Region Service Planning Area as measured in the most
recent decennial census.
iii. One City Council member for the city member with the greatest
population in the South Region Service Planning Area as measured in the most recent
decennial census.
842
OC Housing Finance Trust Bylaws
Page 7 of 12
iv. One City Council member from a city member with a population of over
60,000 persons as measured in the most recent decennial census; and
V. I One City Council member from a city member with a population of under
60,000 persons as measured in the most recent decennial census.
The selection of Directors under categories iv. and v., above, shall be made by the
City Selection Committee from votes cast by eligible city members in each respective
category on a one-city-one-vote basis and who are not already represented pursuant to
Section A.2, subdivisions(b) (i), (b) (ii), and (b) (iii).
3. Advisory Board(7). An advisory board consisting of the following members shall advise the
Board of Directors with respect to all matters that OCHFT Board of Directos has taken in
furtherance of OCHFT's purpose as expressed in the Agreement:
a) One Public Member who also serves on the Orange County Commission to End
Homelessness(or its successor body);
b) Three(3)members who are city managers or assistant city managers, whose cities are
not represented on the Board of Directors,with these three members representing
cities in each of the three Service Planning Areas or their successor delineation;
c) The Chief Executive Officer of the County of Orange, or his or her designee;
d) A police chief(or his or her designee); and
e) A city from a Housing Authority in Orange County, which receives Housing Choice
Voucher funding and which is not otherwise represented as a city on the Board of
Directors,
4. All Advisory Board members are entitled to attend all OCHFT regular and special meetings
and to fully participate in such meetings,but cannot vote on project applications or
amendments to OCHFT bylaws,rules, or procedures.
5. Advisory Board members need not be elected officials.
Section B: Selection of Advisory Board Members
Appointments to the Advisory Board shall be as follows:
1. The Chair of the Orange County Board of Supervisors, with ratification by a majority of the
Board of Supervisors, shall appoint the representative from the Orange County Commission
to End Homelessness;
2. The Orange County City Managers Association shall select the three City Manager or
843
OC Housing Finance Trust Bylaws
Page 8 of 12
Assistant City Manager representatives;and
3. The Orange County Police Chiefs Association shall select the Police Chief representative.
4. The City members of OCHFT shall select a representative from a City member,whose
Housing Authority receives Housing Choice Voucher funding and which is not otherwise
represented on the Board of Directors from votes cast on a one-city-one-vote basis.
Section C: Terms and Vacancies
1. Board of Directors: Terms of office for members of the Board of Directors shall be for two
(2) years. A Board of Director's seat shall be deemed vacant if he or she leaves elected
office, or if his or her appointing body removes him or her. Upon a vacancy,the appointing
body shall be notified and shall attempt to fill the vacancy within sixty(60) days of the
vacancy occurring.
2. Advisory Board: Terms of office for members of the Advisory Board shall be for two (2)
years. An Advisory Board member's seat shall be deemed vacant if he or she fails to attend
three consecutive regular or special meetings, or if his or her appointing body removes him
or her. Upon a vacancy, the appointing body shall be notified and shall attempt to fill the
vacancy within sixty(60) days of the vacancy occurring.
Section D. Board of Director Officers
The Board of Directors shall select a Chair and a Vice-Chair on an annual basis at the first
meeting after the start of the fiscal year. Only members of the Board of Directors may serve as
Chair or Vice-Chair. If a County representative is the Chair for any one period, a City
representative shall serve as Vice-Chair. If a City representative is Chair for any one period, a
County representative shall serve as Vice-Chair.
ARTICLE IV—Duties of Officers and Board Members
Section A: Duties of the Chair and Vice-Chair
It shall be the duty of the Chair to preside at the meetings of the OCHFT. In the Chair's absence,
the Vice-Chair shall preside at the meetings of the OCHFT.
Section B: Duties of the Board of Director Members:
1. Meet when called by the Chair to plan and coordinate the business and proposed activities of
OCHFT;
2. Review and consider applications for project funding;
844
OC Housing Finance Trust Bylaws
Page 9 of 12
3. Review and consider OCHFT's financial information, including the Annual Financial Report,
any related independent audit, and the OCHFT's annual budget; and
4. Serve on subcommittees or task forces when appropriate.
Section C: Formation of Subcommittees
The Board may create subcommittees or task forces to accomplish the goals and purposes of
OCHFT.
ARTICLE V—Meetings
Section A: Regular Meetings
Regular meetings of OCHFT's Board shall be held once every two (2) months, unless otherwise
called by the Chair. Meeting notice, agenda, and public comment procedures shall comply with
the provisions of the Ralph M Brown Act. The Clerk of the Board shall prepare meeting agendas
and handle noticing requirements.
Section B: Special Meetings
Special meetings of OCHFT may be held at any time upon call of the Chair, provided that the
special meetings' noticing and agenda complies with the Ralph M. Brown Act.
Section C: 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.
Section D: Voting on Project Funding
1. The Board should strive to attain a unanimous decision on all projects which receive funding
from OCHFT;however
2. Every act or decision done or made by a majority of the Directors present at any meeting at
which a quorum is present shall be the act of the Board of Directors.
Section E: Voting on Amending OCHFT's Bylaws, Principles,or Procedures
1. Amendments to OCHFT's Bylaws, Principles or Procedures shall be considered at a regular
meeting, and shall comply with the Ralph M. Brown Act.
2. An amendment to these Bylaws is deemed approved following a majority vote of the Board
of Directors.
845
OC Housing Finance Trust Bylaws
Page 10 of 12
Section F: Minutes
The Clerk of the Board shall take minutes for OCHFT. A previous meeting's minutes shall be
considered and approved at a subsequent meeting by a majority vote of the Board of Directors.
Section G: Meeting Procedure
The conduct of meetings shall be governed by Robert's Rules of Order(most recent published
edition)where the question at issue is not determined by these Bylaws.
Section H: Location of Meetings
The Board must meet in publicly-accessible places typical for hosting public meetings, such as
Council Chambers, city community rooms,or County board or conference rooms.
ARTICLE VI—Financial Review and Oversight
Section A: Annual Financial Report
1. The Board shall ensure that an Annual Financial Report is prepared,reviewed, adopted and
made public annually,to ensure transparency and demonstrate actions that have furthered the
purposes of OCHFT.
2. As a part of the development of the Annual Financial Report,the Board shall engage an
independent auditor to complete an independent financial audit of OCHFT's operations. The
audit must be provided to the public, and the auditor must report all findings to the Board in a
public meeting.
Section B: Budget
The Annual Budget of OCHFT shall be reviewed and approved by the Board of Directors in May
or June of each year,in advance of the start of OCHFT's next Fiscal Year.
Section C: OCHFT Fiscal Year
The fiscal year of OCHFT shall be from July 1 to June 30 of each year.
ARTICLE VII—OCHFT Board Code of Conduct
This OCHFT Board Code of Conduct represents OCHFT's commitment to high standards of
ethics,public service, collegiality, and transparency. The following standards should be
regarded as minimum expectations for conduct. OCHFT Board Members will act in accordance
846
OC Housing Finance Trust Bylaws
Page 11 of 12
with and maintain the highest standards of professional integrity, impartiality, diligence,
creativity and productivity. OCHFT will act in accordance with federal, state, and local laws and
regulations.
Section A: Compliance with Policies
1. Members of the Board of Directors and Advisory Board will conduct the OCHFT business in
accordance with the Agreement and the bylaws of OCHFT, including conflict of interest
policies.
Section B; Conflicts of Interest
l. The Board of Directors may not have a conflict of interest as determined by the California
Political Reform Act(the"Act"),inclusive of the Levine Act, California Government Code
section 81000, et. seq., and the regulations promulgated to effectuate the Act.Nor shall the
Board of Directors have a conflict of interest under California Government Code section
1090.
2. Members of the Board of Directors and Advisory Board are required to file a Statement of
Economic Interest(Form 700) in the disclosure category as designated on the OCHFT
Conflict of Interest Code.
Section C: Confidentiality
Members of the Board of Directors and Advisory Board must maintain the highest standards of
confidentiality regarding information obtained directly or indirectly through their involvement
with the OCHFT. This includes but is not limited to information about applications for funding,
OCHFT members and their organizations and funded agencies. Members must also avoid
inadvertent disclosure of confidential information through casual public discussion,which may
be overheard or misinterpreted. Notwithstanding the foregoing,when applicable,the California
Public Records Act and Ralph M. Brown Act apply to the OCHFT.
Section D: Gifts or Honoraria
It is not permissible for members of the Board of Directors and Advisory Board to offer or
accept gifts, gratuities, excessive favors or personal rewards intended to influence OCHFT
decisions or activities.
Section G: Harassment
Harassment, interpreted as unwelcome conduct, comment, gesture, contact, or intimidating and
offensive behavior likely to cause offense or humiliation, will not be tolerated and may result in
disciplinary measures up to and including removal from OCHFT Board.
847
OC Housing Finance Trust Bylaws
Page 12 of 12
Section H: Laws and Regulations
OCHFT business will be conducted in a manner that reflects the highest standards and in
accordance with all federal, state, and local laws and regulations.
848
EXHIBIT "A"
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
March 12,2019
SubnaittingAgencv!Departnzent: OC COMMUNITY RESOURCES
Approve Orange County Housing 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
Thefollowing is action taken by the Board of Supervisors:
APPROVED AS RECOW.IENDED OTHER 0
Unanimous 181 (1)DO:Y (2)STEEL:Y(3)VACANT: (4)CHAFFEE:Y(5)BARTLETT: Y
Vote Key: Y=Yes;N=No;A =Abstain, X Excused; B.0.=Board Order
Documents accompanying this matter:
0 Resolution(s)
0 Ordinances(s)
0 Contract(s)
Item No. S22C
Special Notes:
Copies sent to:
I certify that the foregoing is a true and correct copy of the Minute Order adopted
by the Board of Supervisors ,Orange County, State of California.
Robin Stieler,Clerk of the Board
By=--==—————————————
Deputy
849
' County Executive Office
Memorandum
e
March 7, 2019 1'
To: Cleric of the Board of Supervisors r � +
From: Frank Kim,County Executive Officer!n a y YLL/A_ _ J:®. - l d
Subject: Exception to Rule 21
The County Executive Office is requesting a Supplemental Agenda Staff Report for the
March 12,2019,Board Hearing.
Agency: OC Cornmtmity Resources
Subject: Orange County Housing Finance Trust Joint Powers Authority Agreement
Districts: All Districts
Reason for supplemental: This item needs to go to the Board as a supplemental item to
advance the progress made from the collaborative efforts of Orange County cities and the
County of Orange towards the financing and continued development of supportive and
affordable housing. This Agenda Staff Report and attachments were finalized after the filing
deadline to the Clerk of the Board.
Concur:
Chairwoman Lisa A. Bartlett, Supervisor, Fifth District
cc: Board of Supervisors
Connty Executive Office
County Counsel
850
Agenda Item 0 '/f9
Clerk's Use On[),_....)Ic::. T—
_ SUPPLEMENTAL AGENDA ITEM
ar. 0
AGENDA STAFF REPORT
a
c°a M
MEETING DATE: 3/12/19
LEGAL ENTITY TAKING ACTION: Board of Supervisors
BOARD OF SUPERVISORS DISTRICT(S): All Districts
SUBMITTING AGENCY/DEPARTMENT: OC mm i Resources
DEPARTMENT HEAD REVIEW:
13eji t sisE ead 5ig�ariire. �'
DEPARTMENT CONTACT PERSON(S): Dylan Wright(714)480-2788
Julia Bidwell (714)480-2991
SUBJECT: Orange County Housing Finance Trust Joint Powers Authority Agreement
CEO CONCUR CLERK OF THE BOARD
Discussion
I Action
/7 JC'14, t t tti. U /h 3 Votes Board Majority
CJI6 Siyrattire County Counsel Shmature
Budgeted: N/A Current Year Cost: N/A Annual Cost:N/A
Staffing Impact: N/A #of Positions: N/A Sole Source: N/A
Current Fiscal Year Revenue: N/A
Funding Source: N/A County Audit in last 3 years: No
Prior Board Action: 6/12/2018 #S2A 6/12/2018#1
RECOMMENDED ACTION(S)
1. Approve the Orange County Housing Finance Trust Joint Powers Authodty Agreement and delegate
authority .to the Chairwoman or her designee to sign and execute the Agreement upon the approval
and signature of three cities within the Orange Courity within 12 months of this Agreement's
approval by the Board of Supervisors.
2. Receive and file the draft bylaws, which are subject to formal adoption by the Orange Coun,ty
Housing Finance Trust's Board of Directors following its creation through the execution of the
Orange County Housing Finance Trust Joint Powers Agreement by the County and three cities.
SUMMARY:
Approving the Orange County Housing Fin nee Trust Joint Powers Authority Agreement and receiving
the draft bylaws will facilitate the establishment of the Orange County Housing Finance Trust to provide
and receive funds for housing for the homeless population and persons and families of extremely low,
very low and low income within the County of Orange.
Page 1
851
public and private financing and funds. This Agreement allows OCHFT to consider the issuance of debt
in the future through amendments to the Agreement.
The Agreement also preserves certain powers for the participating parties. The Agreement does not
authorize OCHFT to 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 ofhousing units, (3) levy, or advocate or inpentivize 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 program that is not supported by 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 accept or provide any number of housing units as a prerequisite to joining
or remaining a member of the OCHFT.
The Agreement establishes a governing board comprised of two members of the Board of S-upervisors,
two county-wide elected officials and five city council members.
FINANCIAL IMPACT:
NIA
STAFFING IMPACT:
NIA
ATTACHMENT(S):
Attachment A-Orange County Housing Finance Trust Joint Powers Authority Agreement
Attachment B-Orange County Housing Finance Trust Joint Powers Authority Bylaws
Attachment C-Assembly Bill 448
Attachment D- Section 50093 of the Health and Safety Code
Page 3
852
THIS IS A
ECT CO
TRUMENT
THE ORIG INAL ON FILE NaTHIS OFF CEY OF
O tC•9 " Al
r ATTEST(DATE.). CLERKOFTt-!E (.>ARO
ROSINSTIELER ORANGE COUP'"iY
CLERK OF THE BOARD ._
JOINT EXERCI E OF POWERS AGIJ.t'PJEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is
made thisklfi.day o Ztul e.J- , 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
governinent 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") pennits 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
grants certain additional powers to such joint powers authorities.
G. California Government Code section 6539.5 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. (I) fund the planning and construction of housing of all
types and tenures for the homeless population and persons and families of
extremely low, very low, and low income, as defined in Section 50093 of the Health
and Safety Code,, including, but not limited to, permanent supportive housing; and
(2) receive public and private financing and funds.
H. California Government Code section 6539.5 also authorizes the parties
to a joint powers agreement, which is executed pursuant to its provisions, to grant
OCHFT the power to authoI ize 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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853
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 ofOCHFT. Pursuant to the Joint Exercise ofPowers 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." OCHFT shall
be a public entity separate and apart from the Parties, and shall administer this
Agreement.
(b) Pur pose. 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 1•espectto 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 ofthis 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.
(a) Term. This 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 OCHFT
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
2
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purposes of this Agreement and the full exercise of the powers confened 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;
(8) to purchase obligations of any Party;
(9) to engage the services of private consultants to render
professi,onal and technical assistance and advice in carrying out the purposes of this
Agreement;
(10) to employ and compensate counsel including bond counsel,
financial consultants, and other advisers determined appropriate by OCHFT in the
accomplishment of the purpqses of this Agreement;
(11) to contract for engineering, construction, architectural,
accounting, enviromnental, 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;
3
855
(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 instruinent repayable from funds and financing
received and pledged by OCHFT; and
(16) to exercise any and all other powers as may be provided for
OCHFT 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 levyingof, 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 program that is not supported by
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 accept or provide any
number of housing units as a prerequisite to j oining or remaining a member of
OCHFT.
Section 4. Members
The members of OQHFT 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 ofOCHFT.
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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856
(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) Two city council memb rs 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 OCHFT 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 OCHFTs 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 Executive Officer, a
representative from law enforcement, and a representative from a housing
authority.
(d) Compensation. Members of the Board shall serve without
compensation but shall be entitled to reimbuTsement 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) Meetings 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 M. Brown Act.
(2) Regular Meetings. 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 be 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 ofthe 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
5
857
decision done or made by a majority of the Directors present at any 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 OCHFT's powers, upon such terms and conditions as the Board may require, .
including the retaining of professional and technical assistance, provided that
adequate funds are available in OCHFT'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,
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 ofOCHFT. The treasurer and auditor ofOCIIFT 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
6
858
official bond required herein. The premiums on any such bonds attributable to the
coverage required herein shall be an appropriate expense of OCHFT.
(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 OCHFT, including the
services described in Section 6, subdivisions (a), (b) and (c). The amount charged by
the Party to provide such services to OCIIFT 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 OCHFT the amounts necessary to recover the
direct and indirect costs of such servic s.
(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 retirement 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 OCHFT 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 Yea h. The Fiscal Year of OCHFT shall, unless and until
changed by the Board of Directors, commence on the 1 st 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 ofOCF-EFT shall commence on the effective date ofthis
Agreement and end on the immediately following 30th day of June.
(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.
7
859
(c) Contributions by the Parties.
(1) Administrative Cost Contributions. The County shall be
responsible for OCHFT's administrative costs for one year following the creation of
OCHFT. After this 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) Progl.'am 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 OCHFT 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 OCHFT shall 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 OCHFT 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. Subject 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 OCIIFT
shall receive, have the custody of and disburse OCHFT funds 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.
8
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Section 8. 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 O CHFT;provided that a Party
may, by an agreement separate from this Agreement, contract for, or assume
responsibility for,specific debts, liabilities, or obligations of OCHFT.
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 j oin OCHFT. The County of Orange and
any Orange County city may become a party to OCHFT 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
Agreement and agreeing to any additional terms and conditions that may be
established by the Board of Directors.
(b) Withdrawal from OCHFT. Parties may withdraw from O CHFT 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:
9
861
(a) County of Orange:
Santa Ana, California
(b) Cityof
Sction 12.Miscellaneous.
(a) Section Headings The section headings herein are for convenience
only and are not to be eonstrued as mod.i.fying ox gove:ming 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) LawsGovernina. This Agreement is made in the State ofCalifornia.
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 sh 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 successors of the respective. Parties hereto. -No party may assign
any right or obligation hereunder without the written consent of a 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, apolitical
sub visi of the State of California
Dated: ---------------------- By.4!g
Cbaft ° axd o up ora
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862
SIGNED AND CERTIFIED THAT A
COPY OF THIS.DOCUMENT HAS BEEN
DELIVERED TO-THE CHAIRMAN OF
TH.E O:A:RD
Clerk of the Board of Supervisors
County of Orange, California
NOTICE TO COUNTY OF ORANGE
TO BE GIVEN TO:
FRANK KIM
COUNTY EXECUTIVE OFFICER
10 Civic Center Plaza
SANTA ANA, CA 92702-4062
APPROVED AS TO FORM:
LEON PAGE
COUNTY COUNSEL
11 •1v.. s r ; ..,.1 5............ J Oe-t)....'y
Dated: ,1-\ ;!
11
863
CITY OF FULLERTON
Dated:
B Csus T18ilva, Mavor
ATT ST:
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: 714-73 8-6310
Fax: 714-738-6758
AP D 'AS TO FORM:
By:
City flrney
Orange County Housing Finance Trust- Joint Powers Agreement Signature Page
864
CITY OF
Dated: _
By: !Ma ory bfl&f � !Mayor]
ATTEST:
PQ��,c4
x
NOTICE TO CITY TO BE GIVEN TO:
City Manager: bt4c e.. L.C::Lt_ni
City of N.ewpt'y4- Be:4\e.h
StreetAddress: /eo Civ\c to- r W
N(?.wr,o rl B C....t., . , CA 42.<de O
Phone: 974 i l.4 4 � od i
Fax: '
APPROVED AS TO FORM:
By: 1 11 fT t 1-- Y, b wA/i S i-i rnno'3•,-k; U
' C ty Attorney
Orange Cmmty Housing Finance Trust-Joint Powers Agreement Signature Page
865
CITY OF GRDEN GROVE
By: Steve Jones, Mayor
ATTEST:
? . . o
City Clerk - b
NOTICE TO CITY TO BE GIVEN TO:
City Manager: Scott Stiles
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Phone: (714) 741.5100
Fax: (714) 741.5044
APPROVED AS TO FORM:
By. nm+!
ty A:ttorne
Orange County Housing Finance Trust- Joint Powers Agreement Signature Page
866
CITY OF SAN JUAN CAPISTRANO
Dated: 5-17% .:.. '
YL y; Benjamin Si gel, City Manager
ATTEST:
'GY
Cy C �r`k
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
APPROVED AS TO FORM:
By: Y Attorney rO /u«
Orange County Housing Finance Trust-Joint Powers Agreement Signature Page
867
CITYoF CostfL ntleSCL
Dated: _ .E_---='2::•_-_I_q-=--------
By,, a az
ATTEST:
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City of a ( ern ffl e.SCG
Street Address: 'T HA Oviv-e
Cnsm Mew.- , CA C1ZhZ.0
Phone: /ILJ-J6•t.f-5DCO
Fax:
APPROVE A F
By;
ty At, :ey
Orange County Housing Finance Trust-Joint Powers Agreement Signature Page
868
ATTACHMENT #5
Jamboree
February 4, 2020
Ursula Luna-Reynosa
Director of Community Development
Office of Business Development
City of Huntington Beach
200 Main Street
Huntington Beach, CA 92648
RE: Orange County Housing Finance Trust (OCHFT) Membership Request
18431 Beach Blvd (Beach & Main)
Dear Ursula,
We truly appreciate you and your team's tremendous efforts on processing the closing on the
acquisition loan last Tuesday for the Beach & Main site. It was a great start for our partnership.
We are now pursuing the January 24, 2020 NOFA released by Orange County Housing Finance
Trust which is due on March 25, 2020. To qualify for this fund, the City needs to become a member
of OCHFT. Jamboree hereby requests the City to apply and obtain membership status prior to
the application deadline.
Please reach out to Adam Eliason who is program manager at OCHFT to start the application
process. He can be reached at 909-706-7193 or ealiason(Dochft.or-g.
Thank you and let me know if you need any assistance.
Sincerely,
Tung Tran
Senior Director
pr- Lir, S: D
17 l(,'3 [ !1•; rr.: S.: `. 2D0 I: ;;ra,: C P, 9P 4 f' 9.4 9 2 6 S SC', F,, 9 1iA 25'3 F1f;4 7 tvv'ruj ;�in)lp-rcinrt+.7i.;s.IIc _...
870
Esparza, Patty
From: Fikes, Cathy
Sent: Tuesday, February 18, 2020 10:09 AM
To: Agenda Alerts
Subject: FW: Items 2S and 2S, 2/18/20 Council Agenda
From: Galen Pickett<Galen.Pickett@csulb.edu>
Sent: Tuesday, February 18, 2020 9:15 AM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Items 25 and 25, 2/18/20 Council Agenda
Dear honorable members of the city council:
I write to you today in support of items 24 and 25 on today's city council agenda, both of which deserve your serious
consideration.
It is extremely challenging to finance affordable development and permanent supportive housing solely through market
mechanisms, and membership in the OCHFT would give the city more tools in supporting that development and in
specifying the properties of that development. Controlling the financing mechanism for an affordable project, the city
would have even more control over the direction of the development than in the usual zoning process and in the issuing
of a conditional use permit. Given the fact that the money in the fund originates with taxpayers, we would be in a
position to reclaim dollars sent to Sacramento and put them to use here, in the city and for the benefit of our
residents. Surely this is a responsible expression of our determination to locally control development and maintain the
character of the city.
Similarly, item 25 supports and protects the autonomy of the city. Several members of the council expressed
trepidation at the "by right" character of possible development in the affordability overlay of the Beach-Edinger Corridor
Specific Plan. In my opinion, it is doubtful that including 20%affordable units in any proposed project for the 6 overlay
sites is feasible in this market, but if that is not the case, the proposed action transfers ownership (and an option on
ownership) of two of the sites to the city itself, using funds that will have to be returned to Sacramento in June if not
used. As the property owner, the city would have a large degree of control as to the character of any development on
those sites. You as the city council would have far more local control than in the usual CUP process, as your input and
support would be required at every stage of the planning and construction process.
Allowing these funds to expire and return to Sacramento, or declining membership in the OCHFT is tantamount to telling
the state and county respectively that they know better than we do how to use tax dollars to support the welfare of our
city.
With best wishes, SUPPLEMENTAL
Galen T. Pickett COMMUNICATION
Dept. of Physics and Astronomy _ 1n
CSU Long Beach Date: _-
1250 Bellflower Blvd.
Long Beach, CA 90840 Agwide Nam No.'
http://www.csulb.edu/—gpickett
Esparza, Patty
From: Luna-Reynosa, Ursula
Sent: Thursday, February 20, 2020 12:07 PM
To: Paik, Julie; Villasenor, Jennifer
Cc: Esparza, Patty
Subject: RE: JPA for HTF
I think we want to wait. If for some reason we don't receive the HE Certification letter we may not want to join.
JV—an you please follow up with Melinda to see if she has an update?
Thanks!
Ursula
From: Paik,Julie
Sent:Thursday, February 20, 2020 11:29 AM
To: Luna-Reynosa, Ursula <ursula.luna-reynosa@surfcity-hb.org>; Villasenor,Jennifer<JVillasenor@surfcity-hb.org>
Cc: Esparza, Patty<PEsparza@surfcity-hb.org>
Subject:JPA for HTF
Patty called me today about the execution of the JPA for the OCHTF. I double-checked with Adam from OCHFT and he
said it is fine to execute the document at any time since we have Council approval but said we could not become a
member nor could we apply for funds until the Housing Element letter arrived.
Do we want to execute the JPA now or wait until the letter arrives? Do we have an ETA on when the letter will arrive?
Julie S. Paik
Housing Analyst
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
714.536.5470
1
Switzer, Donna
From: Switzer, Donna
Sent: Monday, March 30, 2020 3:32 PM
To: Paik, Julie
Subject: RE: images
HI Julie,
I'll be in the office tomorrow as well. Come down and see me when you can and we'll get this thing squared away.
Thanks!
Donna
-----Original Message-----
From: Paik,Julie<Julie.Paik@surfcity-hb.org>
Sent: Monday, March 30, 2020 3:19 PM
To: Switzer, Donna <Donna.Switzer@surfcity-hb.org>
Subject: Re: images
Sorry Donna. I forgot to mention this. He said the County signed it a long time ago and uses that original signature, in
counterpart.
I can't remember if the RCA had the County's signature already on it. If not, when I get into the office tomorrow, I will
try to locate it.
From the County's perspective, the agreement is signed by both sides.
>On Mar 30, 2020, at 3:06 PM,Switzer, Donna <Donna.Switzer@surfcity-hb.org>wrote:
> Hi Julie,
>Just following up on the item below. Have you heard back from Adam? Do you have a mailing address yet?
>Thanks.
> Donna Switzer
> Deputy City Clerk- City of Huntington Beach
> 2000 Main Street- Huntington Beach, CA 92648
> (714)374-1649
> Donna.Switzer@surfcity-hb.org
>-----Original Message-----
* From: Switzer, Donna
>Sent:Thursday, March 26, 2020 1:38 PM
>To: Paik,Julie <Julie.Paik@surfcity-hb.org>
i
>Cc: 'aeliason@ochft.org'<aeliason@ochft.org>
>Subject: RE: images
>Good afternoon,
>Attached please find an executed copy of Resolution No. 2020-13,which includes a partially executed copy of the
"Joint Exercise of Powers Agreement between the City of Huntington Beach and the County of Orange," as Exhibit A of
the resolution.
> I will promptly mail the agreement for County signature as soon as I am provided with a mailing address.
>Thank you so much.
> Donna Switzer
> Deputy City Clerk
>City of Huntington Beach
>2000 Main Street
> Huntington Beach, CA 92648
> (714)374-1649
>-----Original Message-----
• From: Paik,Julie<Julie.Paik@surfcity-hb.org>
>Sent:Thursday, March 26, 2020 1:25 PM
>To: Switzer, Donna <Donna.Switzer@surfcity-hb.org>
>Cc: aeliason@ochft.org
>Subject: images
> Donna,
> I just spoke to Adam, my contact from OCHFT. He would like to see a scanned version and then he will tell us where to
mail it.
>Can you scan it to us?
>Thanks again for all your help.
>Julie
2
Switzer, Donna
From: Vigliotta, Mike
Sent: Thursday, May 21, 2020 3:25 PM
To: Switzer, Donna
Subject: RE: OCHFT JPA
Yes.
Michael Vigliotta
Chief Assistant City Attorney
Office of the City Attorney
City of Huntington Beach
714-536-5552
Confidentiality Notice: This email may contain material that is confidential,privileged and/or attorney work-product for the sole use
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From: Switzer, Donna <Donna.Switzer@surfcity-hb.org>
Sent:Thursday, May 21, 202012:43 PM
To:Vigliotta, Mike<MVigliotta@surfcity-hb.org>
Cc: Kelemen, Chris<Chris@surfcity-hb.org>; Hoffman, Michele<michele.hoffman@surfcity-hb.org>
Subject: OCHFTJPA
Hi Mike,
Per our conversation, I would like to confirm that it is acceptable to add the highlighted information (see sample pg)to
the COHB's signature pages for the Joint Exercise of Powers Membership in the Orange County Housing Finance Trust
(OCHFT)that was approved by Council on February 18, 2020.
Thank you.
Dotul'WSwX,er
Deputy City Clerk-City of Huntington Beach
2000 Main Street- Huntington Beach, CA 92648
(714)374-1649
Donna.Switzer@surfcity-hb.org