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TO: Honorable Mayor and Members of the City Council
FROM: Rick Otto, City ager
REVIEW: City Man er inance ���
1. SUBJECT
Joint Exercise of Powers Agreement with the County of Orange and city members to join
the Orange County Housing Finance Trust. �
2. SUMMARY �
The Orange County Housing Finance Trust is a Joint Powers Authority that shares —
among city members and the County of Orange — the power to secure and allocate
funding for affordable housing projects and programs. The Trust emphasizes funding for
"supportive housing," which is housing for persons that may require additional on-site or
other local services to remain in housing. These services may include social services,
mental health services, health care, counseling, and life and budget planning.
3. RECOMMENDED ACTION .
Approve Resolution No. 11145 relating to participating in the Orange County Housing
Finance Trust and authorize the Mayor and City Clerk to execute on behalf of the City.
4. FISCAL IMPACT
There is no fiscal impact related to this item at this time. The County of Orange will provide
a year's worth of start-up staffing costs for the Trust, however the Trust Board may later
ask for City pro-rata support of any Trust administrative activities should state, county, or
other funds not cover those costs.
5. STRATEGIC PLAN GOALS
Goal 3: Enhance and Promote Quality of Life in the Community
c: Support and enhance attractive, diverse living environments.
6. DISCUSSION AND BACKGROUND
As Orange County housing prices have risen and the quantity of units not kept up with
demand, local cities have seen an increase in persons experiencing homelessness. The
Orange County Housing Finance Trust (Trust) was enabled by the adoption of Assembly
Bill 448 (AB 448) in 2018. The Trust is meant to increase funding available to provide
supportive housing, which is housing that addresses the portion of the population
ITEM � • � 1 . 04/09/2019
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experiencing homelessness that has been stabilized enough to live on their own, or with
others, but requires some onsite services to do so.
If adopted by the Council, the attached resolution would allow the City to participate in the
Orange County Housing Finance Trust. The City would agree to share the power of
providing funding for housing — especially supportive housing — with other members of
the Joint Powers Agreement (JPA). Recent actions by the voters and at the state level to
provide more funding for housing has led to several billions of dollars becoming available
for eligible efforts and projects.
The Trust was created with a vision to provide a stronger voice for the Orange County
region in securing a share of state and other funds to help address longer-term housing
for formerly homeless persons. Public funds could include Proposition 1 funds, SB 2 -
funds, or community development block grant funds. ,
It is envisioned that supportive housing developers would go hand-in-hand with a
supportive city to the Trust's governing board to apply for a portion of the Trust's funds to
fill part of the funding gap to complete their project. The Trust is not designed to build
projects itself, to own projects, to manage projects, or to place projects in cities which did
not apply for them. The Trust cannot require member cities to take a share of any
allocation of supportive housing units, nor to come to the table with funds to allocate.
Therefore, member cities may choose to place local funds in the Trust or place no funds
in the Trust. Further, member cities may choose to pursue funding from the Trust, or not
pursue any funds for projects. The Trust governing board would determine whether a
project application is worthy of funding from the Trust.
The JPA sets forth the powers — generally to fund affordable and supportive housing
projects—that the member cities and County would share. It also sets forth the Governing
Board as follows:
• Four representatives from the County of Orange.placed on the Trust Governing
Board by the Orange County Board of Supervisors.
• Five representatives from cities, as follows:
o One city council member for the city member with the greatest population
in the North Service Planning Area (see Attachment 5 for the SPA map).
o One city council member for the city member with the greatest population
in the Central SPA.
o One city council member for the city member with the greatest population
in the South SPA.
• Two city council members who are each selected from member cities which are
not already represented on the Board of Directors.
• An ex officio advisory board to the Governing Board is envisioned, including
representation from city managers, housing authorities, the County CEO, law
enforcement, and the public.
The selection of the city representatives will be made by the City Selection Committee.
Cities who are members of the Trust are eligible to be members of the Board. Any Orange
County city is eligible to be a member of the Trust.
The JPA document also expresses that:
ITEM 2 04/09/2019
• The Trust can have staff level assistance, but such assistance shall come from
contractors.
• Members of the Trust can leave at any time.
• Members of the Trust cannot have, as a condition of inembership, a requirement
to provide any number of housing units.
• The Trust shall have an annual report to maximize transparency.
• The Trust cannot issue debt. If, at a later date, the Trust governing board wishes
to pursue debt, a recirculation and amendment of the JPA document would be
required.
From November to December 2018, a working group of Orange County local elected
officials and staff worked to develop draft bylaws (along with Vision and Mission
Statements) that the Trust Board would consider adopting. Former City Councilmember
Fred Whitaker was part of this working group. The draft bylaws include more detail about
the composition of the Governing Board, meeting requirements, and a conflict of interest
section, and are included as Attachment 4.
The County of Orange has taken the first step to become a member of the Trust by Board
action on March 12, 2019. As additional cities join, the City Selection Committee will
appoint the City representatives to the Trust's governing board. The County of Orange
has pledged that County staff will provide administrative support to the Trust for the first
year of its operations.
The City of Orange has an excellent history of funding the development of affordable
housing in our city. Through membership in the Trust, it is expected that the City along
with local non-profits would actively pursue funding to expand the number of affordable
units in Orange. The City has no plans to deposit any funds in the Trust at this time.
Approval of the proposed resolution would allow staff to participate in the initial meetings
of the Trust where staffing, budget, and st�te bond and other funding approach is
developed. It is anticipated that the first applications for project funding may come before
the Trust in fall 2019.
Staff recommends that the City Council adopt the attached resolution authorizing the
mayor to execute the Joint Powers Agreement, and therefore becoming a member of the
Orange County Housing Finance Trust.
7. ATTACHMENTS
1. Joint Exercise of Powers Agreement
2. Resolution No. 11145
3. Text of Assembly Bill 448 (Daly, 2018)
4. Draft Bylaws for the Orange County Housing Finance Trust
5. Information about homelessness, supportive housing, and map of service
planning areas
ITEM - 3 04/09/2019
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is
made this _ day of , 2019 (the "Effective Date"), by and between the
following public entities (collectively, the "Parties"): , , and
(collectively, the "Cities") and the COUNTY OF ORANGE (the "County").
RECITALS
A. The Parties are responsible for the health and safety of the residents
within their geographic boundaries.
B. Each Party has the individual power to implement affordable housing
projects and programs generated within its jurisdictional boundaries, as well as to
create and issue development agreements for such activities.
C. The parties find it in their mutual economic interest to address work
force housing, affordable housing, and supportive housing issues on a regional level.
D. A countywide adequate supply of housing will provide social and
economic benefits to residents and taxpayers of the parties.
E. The Parties desire to act in the public interest to lessen the burden of
government by reducing the need for each party to act individually, and to provide
charitable support for affordable housing in Orange County.
F. California Government Code section 6500 et seq. ("Joint Exercise of
Powers Act" or "Act") permits two or more public agencies to create joint powers
authorities for the purposes cited herein, and permits the agencies to exercise
jointly any power that the public agencies could exercise separately, and further
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: (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 joint powers agreement, which is executed pursuant to its provisions, to grant
OCHFT the power to authorize and issue bonds, certificates of participation, or any
other debt instrument repayable from funds and financing received and pledged by
OCHFT. However, at this point in time, it is the consensus of the Parties to the
Agreement not to grant OCHFT the power to authorize and issue bonds or other
� debt instruments. This Agreement may be amended in the future to grant OCHFT
the power to issue bonds or other debt instruments.
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I. Local land-use decisions remain solely with each party. Nothing in
this Agreement deprives any party of its sovereign powers with respect to land-use
or transfers such powers to the joint powers authority.
NOW, THEREFORE, in consideration of the mutual promises set forth
below, the parties agree as follows:
Section 1. Creation and Purpose.
(a) Creation of OCHFT. Pursuant to the Joint Exercise of Powers Act,
including Section 6539.5 of the Government Code, there is hereby created a public
entity to be known as the "Orange County Housing Finance Trust." OCHFT shall
be a public entity separate and apart from the Parties, and shall administer this
Agreement.
(b) Purpose. This Agreement is made pursuant to the Joint Powers Act for
the purpose of creating OCFHT as a public entity separate from the Parties to: (i)
exercise Common Powers with respect to providing funding for the planning and
construction of housing of all types and tenures for the homeless population and
persons and families of extremely low, very low, and low income, as defined in
Section 50093 of the Health and Safety Code, including, but not limited to,
permanent supportive housing; and (ii) receive public and private financing and
funds. The purpose of this Agreement shall be accomplished and common powers
exercised in the manner set forth in the Agreement. Nothing contained in this
Agreement shall preclude the Parties from establishing, maintaining or providing
social programs or services to its residents as it deems proper and necessary.
Section 2. Term and Termination.
(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) Snecific 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
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purposes of this Agreement and the full exercise of the powers conferred in
subdivision (a) of this Section 3, including but not limited to the following:
(1) to make and enter into contracts;
(2) to contract for staff assistance;
(3) to sue and be sued in its own name;.
(4) to apply for, accept, receive and disburse grants, loans and other
aids from any agency of the United States of America or of the State of California;
(5) to invest any money in the treasury pursuant to Section 6505.5
of the Joint Powers Act that is not required for the immediate necessities of
OCHFT, as OCHFT determines is advisable, in the same manner and upon the
same conditions as local agencies, pursuant to Section 53601 of the California
Government Code;
(6) to apply for letters of credit or other forms of financial
guarantees in order to enter into agreements in connection therewith;
(7) to carry out all the provisions of this Agreement;
(8) to purchase obligations of any Party;
(9) to engage the services of private consultants to render
professional 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 purposes of this Agreement;
(11) to contract for engineering, construction, architectural,
accounting, environmental, land use, or other services determined necessary or
convenient by OCHFT in connection with the accomplishment of the purposes of
this Agreement;
(12) for the purposes of enforcing affordable housing covenants or
holding security interests for loans, to take title to, and transfer, sell by installment
sale or otherwise, lands, structures, real or personal property, rights, rights-of-way,
franchises, easements, and other interests in real or personal property which
OCHFT determines are necessary or convenient in connection with the
accomplishment of the purposes of this Agreement;
(13) for the purposes of renting space for OCHFT to operate, to lease
to, and to lease from, a Party or any other person or entity lands, structures, real or
personal property, rights, rights-of-way, franchises, easements, and other interests
in real or personal property which OCHFT determines are necessary or convenient
in connection with the accomplishment of the purposes of this Agreement;
(14) to solicit charitable contributions from private sources;
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(15) to propose amendments to this Agreement, including
amendments that would allow OCHFT to authorize and issue bonds, certificates of
participation, or any other debt instrument repayable from funds and financing
received and pledged by OCHFT; and
(16) to exercise any and all other powers as may be provided for
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;
(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 hereo£ Only the County of Orange and cities within the
County of Orange may be a party to this Agreement and a member of OCHFT.
Section 5. Board of Directors
(a) Selection of Directors. OCHFT shall be governed by a Board of
Directors consisting of nine Directors selected as follows:
(1) Two members of the Board of Supervisors of the County of
Orange selected by the Board of Supervisors.
(2) Two countywide elected officials selected from the following six
Orange County elected officials: Assessor, Auditor-Controller, Clerk-Recorder,
District Attorney-Public Administrator, Sheriff-Coroner, and the Treasurer Tax-
Collector by the Board of Supervisors of the County of Orange.
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(3) One city council member for the.city member with the greatest
population in the North Region Service Planning Area as depicted in Exhibit A.
(4) One city council member for the city member with the greatest
population in the Central Region Service Planning Area as depicted in Exhibit A.
(5) One city council member for the city member with the greatest
population in the South Region Service Planning Area as depicted in Exhibit A.
(6) Two city council members who are each selected from member
cities, which are not already represented on the Board of Directors. The selection of
these Directors shall be made by a City Selection Committee from votes cast on a
one-city-one-vote basis by representatives of the city members that are not already
represented pursuant to Section 5, subdivisions (a)(3), (a)(4) and (a)(5).
(b) Board Powers. Subject to the limitations of this Agreement and the
laws of the State of California, the powers of 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 OCHFT's 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 Off'icer, 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 reimbursement for any expenses actually
incurred in connection with serving as a Director. Any obligation to pay expenses
pursuant to this paragraph shall be a charge against any unencumbered funds of
OCHFT available for the purpose.
(e) Meetin�s of the Board of Directors.
(1) Call, Notice and Conduct of Meetin�s. 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) uorum. A majority of the seated members of the Board of
Directors shall constitute a quorum at any meeting of the Board except that less
than a quorum may adjourn a meeting to another time and place. Every act or
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decision done or 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 indeperident 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,
6505.5 and 6505.6 of the Government Code, including any subsequent amendments
thereto. Pursuant to Government Code Section 6505.1, the auditor and treasurer
shall have charge of certain property of OCHFT. The treasurer and auditor shall
assure that there shall be strict accountability of all funds and reporting of all
receipts and disbursements of OCHFT. The treasurer and auditor of OCHFT shall
be required to file an official bond with the Board of Directors in an amount, which
shall be established by the Board. Should the existing bond or bonds of any such
officer be extended to cover the obligations provided herein, said bond shall be the
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official bond required herein. The premiums on any such bonds attributable to the
coverage required herein shall be an appropriate expense of OCHFT.
(c) Attornev. 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 sucli
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 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 OCHFT the amounts necessary to recover the
direct and indirect costs of such services.
(2) If OCHFT contracts with a Party to this Agreement to provide
OCHFT with administrative services through persons who are employees and
officers of the Party, then any 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 Year. The Fiscal Year of OCHFT shall, unless and until
changed by the Board of Directors, commence on the lst day of July of each year
and shall end on the 30th day of June of the next succeeding year except that the
initial Fiscal Year of OCHFT shall commence on the effective date of this
Agreement and end on the immediately following 30th day of June.
(b) Budget.
(1) General Bud�. 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 Bud�et. The payment of all
OCHFT obligations is limited to the amount of appropriations allov�ed in OCHFT's
approved budget, except as it may be revised with the approval of a majority of all
of the Directors of the Board of Directors.
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(c) Contributions bv 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) 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 eacli 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 OCHFT
shall receive, have the custody of and disburse OCHFT funds as nearly as possibTe
in accordance with generally accepted accounting practices, shall make the
disbursements required by this Agreement or to carry out any of the provisions or
purposes of this Agreement.
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Section 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 off'icers, employees or agents,
shall be valid or effective unless made in the form of a written amendment which is
formally adopted and executed by the Parties in the same manner as this
Agreement.
Section 9. Non-Liability for Obligations of OCHFT.
The debts, liabilities and obligations of OCHFT shall not be the debts,
liabilities and obligations of any of the Parties or personal debts, liabilities and
obligations of the Directors, officers or employees of OCHFT; provided that a Party
may, by an agreement separate from this Agreement, contract for, or assume
responsibility for, specific debts, liabilities, or obligations of 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 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
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 OCHFT at any
time upon their governing board's adoption of a resolution that so states the party's
intent to leave OCHFT. The withdrawal of any party, either voluntary or
involuntary, unless otherwise provided by the Board of Directors, shall be
conditioned as follows:
(1) In the case of a voluntary withdrawal, written notice shall be
given to OCHFT six months prior to the effective date of withdrawal; and
(2) Unless otherwise provided by a unanimous vote of the Board of
Directors, withdrawal shall result in the forfeiture of that party's rights and claims
relating to distribution of property and funds upon termination of OCHFT as set
forth in Section 2 above.
Section 11. Notices.
Notices required or permitted hereunder shall be sufficiently given if made in
writing and delivered either personally or by registered or certified mail, postage
prepaid, to the persons and entities listed herein at the following addresses, or to
such other address as may be designated to OCHFT for formal notice:
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(a) County of Orange:
,
Santa Ana, California
(b) City of •
Section 12. Miscellaneous.
(a) Section Headin�s. The section headings herein are for convenience
only and are not to be construed as modifying or governing or in any manner
affecting the scope, meaning or intent of the provisions or language of this
Agreement. ,
(b) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all together shall
constitute but one and the same Agreement.
(c) Laws Governin�. 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) Severabilitv. Should any part, term, portion or provision of this
Agreement, or the application thereof to any person or circumstance, be held to be
illegal or in conflict with any law of the State of California, or otherwise be rendered
unenforceable or ineffectual, it shall be deemed severable, and the remainder of this
Agreement or the application thereof to other persons or circumstances shall
continue to constitute the agreement the Parties intended to enter into in the first
instance.
(e) Successors. This Agreement shall be binding upon and shall inure to
the benefit of the 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 OR,ANGE, a political
subdivision of the State of California
Dated: By:
Chairman of the Board of Supervisors
10
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD
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
By:
Dated:
11
Section 11(b). 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:
City of Orange
Attention: City Manager ,
300 E. Chapman Avenue
Orange, CA 92866 �
IN WITNESS of this Agreement, the parties have entered into this Agreement as
of the year and day first above written.
"C ITY"
CITY OF ORANGE, a municipal corporation
By:
Mark A. Murphy, Mayor
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
RESOLUTION NO. 11145
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE AUTHORIZING
EXECUTION OF THE JOINT POWERS
AUTHORITY AGREEMENT FOR
MEMBERSHIP IN THE ORANGE COUNTY
HOUSING FINANCE TRUST
WI�REAS,homelessness in the Orange County region has increased over time to at least
. 4,500 people as of the 2017 Point in Time Count; and
WHEREAS, 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 and substance use,the high cost of land
and housing development, and more; and
WHEREAS,as homelessness increases,it causes crises that can be humanitarian,financial
and impact community safety, 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
WHEREAS,a 2017 study conducted by United Way of Orange County and the University
of California, Irvine estimates the cost of homelessness to our Orange County community
resources and facilities to be in the range of$300 million per year(based on 2014-15 dollars), and
likely growing; and
� WHEREAS, families, children, the'aged, our 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 �
WHEREAS,the provision of adequate housing for persons formerly liomeless 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
WHEREAS, 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
WHEREAS, the concept of adding to the supply of supportive housing, where a person
who may have formerly been homeless is able to secure and maintain his or her housing when
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
WHEREAS, 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 housing units; and
WHEREAS, this legislation (AB 448) allowed for the creation of the Orange County
Housing Finance Trust, a joint powers authority established to secure both public and private
dollars and 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 by
providing more housing units, especially supportive housing; and
WHEREAS, on March 12, 2019, the County of Orange approved the formation of the
Orange County Housing Finance Trust joint powers authority(Trust); and
WHEREAS, in order to join the Trust, cities in Orange County may execute the joint
powers agreement with the County that sets forth the roles and responsibilities of inembers of the
Trust, as well as its governance structure; and
WHEREAS,the City of Orange desires to join the Orange County Housing Finance Trust.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange
as follows:
Section 1. The City's membership in the Orange County Housing Finance Trust, as
described by the attached Joint Powers Agreement(Exhibit 1), is hereby authorized.
Section 2. The Mayor is hereby authorized to execute the Joint Powers Agreement on
the City's behalf.
ADOPTED this day of , 2019
Mark A. Murphy,Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
Reso.No. 11145 2 MEB
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the day of , 2019 by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
Reso.No. 11145 3 MEB
Attachment 3
Text of AB 448(Daly,2018J—Chapter 336 of the Statutes of 2018
LEGISLATIVE COUNSEL'S DIGEST
AB 448, Daly.Joint powers authorities:Orange County Housing Finance Trust. �
Existing law authorizes 2 or more publiCagencies, 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.
BILLTEXT
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'S3-percent increase in the unsheltered homeless population, many of
whom have sought shelter over the last five years on the Santa Ana riverbed and at the Orange
County Civic Center in Santa Ana.
b) There has been a lack of regional focus that continues to stymie the implementation of a long-ter.m
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 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 of the 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) 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 assist the homeless population and persons and
families of extremely low,very low, and low income, as defined in Section 50093 of the Health
and Safety Code,within the County of Orange.
b) 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.
c) 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.
d) Notwithstanding any other law,the Orange County Housing Finance Trust may do any.of the
following:
1. Fund the planning and construction of housing of all types and tenures for the homeless
population and persons and families of extremely low,very low,and low income,as
defined in Section 50093 of the Health and Safety Code, including, but not limited to,
permanent supportive housing.
2. Receive public and private financing and funds.
3. Authorize and issue bonds,certificates of participation,or any other debt instrument
repayable from funds and financing received pursuant to paragraph (2) and pledged by
the Orange County Housing Finance Trust.
e) The Orange County Housing Finance Trust shall incorporate into itsjoint powers agreement
annual financial reporting and aucliting requirements that shall maximize transparency and
public information as to the receipt and use of funds by the agency.The annual financial report
shall show how the funds have furthered the purposes of the Orange County Housing Finance
Trust.
f) 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 16 of Article IV 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.
Attachment 4
Draft Bylaws for the OC Housing Finance Trust
(subject to approval by the Trust governing boardJ
Part 1—Introduction to the Orange County Housinq Finance Trust(OCHFT)
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 k,�tpwn as the Orange County Housing
Finance Trust,which may do any of the following: (1)fund the pla�tl�tlg'and construction of housing of
all types and tenures for the homeless population and persons,.$a,nct,?families of extremely low,very low,
r,:.,,..,,:.�...
and low income, as defined in Section 50093 of the Health;�i��l;�$af�,�j��Code, including, but not limited to,
permanent supportive housing; (2) receive public and pr�va�e;'fiinanc�ng;�nd funds; and (3) authorize and
;�; , ,.��.:;i�,�
issue bonds, certificates of participation,or any otherrdtetit�instrument repayable from funds and
financing received and pledged by the Orange Cour�t,`y,�,�iousing Finance Trust�;�i
�5 7�4V l��'t�l.Zli�
. .,�i�.r.t:p�d�! :{�.,1�'..'�
t+.��t�t (y;.������
The OCHFT was established on by the executton.;of the Joi.nt,Exercise of�Pouuers Agreement(the
wr�r
r
"Agreement") by and between the Cities of `�$J����,,an��$l�h`=;'h�` (collectively;�t�ie,"Cities") and the
, d �;.2��'�•,
!/ // t, � 'f'� !�4{$ 'it"F � A
County of Orange the County ). These�By���ws were adop'C�d��jk�CHFT s Board of Dii�ectors and
provide for the organization and adminisfiratrbt�of OCHFT.These:�By-Laws supplement the Agreement.
j�'�:,�t'`�'. ${�"'�t
}tir�{tu���l�"z4�n Y# �4�?`�i���Yh
OCHF1'Guiding Vision and M�ss�on `�'���� '�,�`�i^�, �rr�u�r
r;.a,� }�;t<°rt { '�.
Following the passage of A4 r�44�,�Kthe County"Qf�range and�ACC OC fortt't,ed a collaborative working
group to establish the p�C�'FT�As`=su�k�,the workin�grot�p��corrrprr�ed of efected officials and staff from
�G ���. ��., ��r,.,,,.
both the County and C�����worked tp,create the guic�r�tg�vision and rilission as follows:
t�:{�`r�t}r, S{tsk�{1 �'k`�,��'!4�`
�tirl��r �ti�`{�,� gr}r{..
I
The vision of OCHFT�s to pro`i'r►de�nnovatiu�financia,l;solutions for the humanitarian crisis of
{ �if t �t��;��r,rk � '{'`r dp j;�ti 1��1 ;,,�
homelessn�s�r��1�.d�'A'��Ip�alcomrne�r��tre`s �r ���,��,��, t���
{i��{�{3��±3�fi.{$`�L�uj���{� �'�(��v� ���t�a4� 3r�4� {��+`ti�;�.
vr �}r
� �,{ j '� �,��drr� 1 �hh { t'b r
,� ��' {pzr� �ra^"� 1rh°`c`.a
The m�ssrc�n of OCHFT is��o strengthen;#he commun'it�es in Orange County by financing the
developm��1,�{pf housing for`��R�elessy`an�f Iow-income individuals and families.
V hJ�'�i. Y��l{���fJ ��Y�t��j��','l,{ -
Y4t��}�
1.03-OCHFT Guidin Princi les '����'�� _``;;`� �
,ry,.ri,,��9 P ;n.;;;�w;�.
.k,.,.�,,=r �;�,.E
•,�,r;t.::� x�,..�
r�d 4 r `+�`,4�; . ..
The guiding principles o'F�,xhe OCHFT`ik°
'��{�v��k r����,$��;�
L}�{4u'f4�p��r�ki�k� .
• Implement the findings-and�;declarations of AB 448. �
��:>��
• Provide funding based on principles of fiscal responsibility and demonstrated value to the taxpayer
and funder.
• 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.
• Demonstrate accountability and transparency for members of the JPA and the public. �
• 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.
• Provide opportunities to strengthen local partnerships and increase capacity of local cities and
agencies engaged in fulfilling housing goals.
• Commit to innovation and best practices in financing, production,and service delivery in supportive
housing.
• Serve the region's needs geographically by(1) extremely low,Ve;;ry;�.low, low income, and supportive
.�..;�.;;;�,�:;r.
�>.�..:.
housing types and (2') by population. ,F;��:;;i,;�;j;�>
n,a.���.�.
.;;J;B'F:;strr 4'; .
�,��.�i��:��;'t�f;;;{;;:,
• Foster collaborative planning to allow for project prior��j�,atron`��;nd;�establish a pipeline of projects.
�� � ��� ��si,�
• Provide access to funding to ensure that Orange:;Co'unty receives the"r1�ta�c�mum benefit for the
;,�:�r�:r��.,.. �.,
resources rovided. �^%���_�`�""''' ''���`f'�''•.`::., �
p :.,�>,.��}:.,�i<. •��•..:
'� i,ti `YF't n
,.: . ,
• Incorporate County's Coordinated Entry System iri Co�a.unctigtY��vith the cities' loca;lly-driven
{� � ,.. � �;;,,�;.�- ,,��,y�r,�.
protocols to ensure that the develop�d,,housing resources„has;�appropriately target�;cl and prioritized
eligible homeless populations for e'a,ctli.;.pj;,oject. i ��
?�y.}lsi:i,�,��,y:r,.:::alc{�:.,, �''i}�i>i�'iv;.
rntrr.:{. "<r;.ii�::;��¢;h� � `t>`r;r,,`:i,j'y,p �
'4 f �. hl�r..��a .ih(�; .r
tt4 �1{ Jti �G hS{1
Part 2—Bylaws of the OC Housing Finance T`rust >k;;�;���,. <r t�:..,
��tt� �'htr �?a �' s
, c yt t� �
p /+ �:�r �-� ktS t'�' I h 4 4`
ART�vrLE�—Ni�me iz��j}���rj,d��Q��h{ktr,,r,� n}}� tii i s h�„ ��f��v,4i . � �
�i`� ;}f' }� a i�r�, r i r.�` `• +r .
,� ��� `� +r 5�`F. �r�'�'� i,�� r.i:.
'�.r., . r! }•'•' i z atr�.�'- u « n • .
The name of this entit�s,hall,.be the Or,ange County,�Housing Finance Trust or OCHFT in these Bylaws.
r{s,,��`} i?��r�� ��'�i+i•.
'� `. �tif iv�4r
ARTICLE II—Membership anc�P;urposerr�`��'�'�� �� � ���i,x�
� � , � � �h � r,. f , � � ;x , � �r.
try ii�tif, . t r }t � ry r1 {^ ;� . ti.
t��fk{nri�, tv� *.r`: t_ t�tialr t�r�`�u•�� ��� .
Sectio[�,'A��OCHFT Membership �rg`�;,sr 's°��,;
OCHFT is�omprised of the C�unty of Orange and the cities have executed OCHFT's Joint Powers
c;�t��,, s %fr�% 6`�� ,:
Agreemenf(s��;:Exhibit_) Th.e,sP�greemer,�t:;.Cnay be amended from time to time, as needed, and is
�r�4�%,, •,t ., h�}. ,�.,
incorporated here:i,n subject to thos�,amendrile`nts.
A,
. ..,i,1 .,.
�Y{Z{hl. 45�t1:
- h'd lt''> Yf t it .
Section B: Purposes,'Futr;actions ar��l�,,�?�reclusions
The vision of OCHFT stia�i,f?:kie,to pXov;ide innovative financial solutions for the humanitarian crisis of
homelessness in our local cornrriunities, in furtherance of OCHFT's mission as stated in Part 1,
Introduction. More specifical�ly;"'the purpose and functions of OCHFT shall be:
• 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;
• To receive public and private financing and funds;
• To authorize and issue bonds, certificates of participation,or any otfier debt instrument repayable
from funds and financing received pursuant to paragraph (2) and pledged by the Orange County
Housing Finance Trust;
• 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 •
• To comply with the regulatory guidelines of each specific state and federal funding source received.
OCHFT is specifically precluded from:
• Regulating land use in cities or in the unincorporated area of th.e:'County of Orange.
::r;��;::i;.;.,
,,;��Sh>^'x;�::
''•�Sx;x;x�
��`t:
t,%.£:�:�i;;:t✓
• Serving as an owner or operator of housing-units. ��;�;�:;;����«�`w��.
,<vg.,:.•r{s;:.;.,;.;s,.:,<<,.;,
t;;;�;,;.,��.�„��,;;�.>,�:�.,
tl�ltV'r�.'.t..�.�. ��V'*1�5'.t'i`t:.
' �'l�itJ`It��.!1� V�rlt,`1��.4':I}.
:r:ra� `:di'l,iriv`a
• Exercising any authority to levy,or advocate or ince,ntivize the IeVy.in�;,pf, any fee, charge,
r�r .
dedication, reservation,tax assessment,or othe;�e,X��ction related to��c��y.elopment projects.
.i:Z3:{%'v,>c r�..�tY .,tg;.;,t,t� .
�r.y:ci,yr�:ryr �i,,f{(}iii,�:,
'f4�.:`.'�1':�� . !,�`tj�te�;1"•,
':i4';.'<�.1.
}YiJ�.S'1�,. li�.,..
• Requiring or incentivizing inclusionary zoning req�i�rirements.The power to'ado;p�t inclusionary zoning
ordinances remain with the entities that possess�laindhuse and;planning authority ,
� ti �. r �^ `�;�1���: ,
;��t�`'ht`y ;;�°.'t.'Y�. �S}r`z`7k� ry r^'tryl°
• Providing OCHFT funding for a project�thatEis opposed b�r�thc,elected body(if within an incorporated
area,the City Council, or if in an unmco,,r,porate,d,�area,the Oran,�e County Board of Supervisors) in
which the project is proposed to be loc'a�ed `'�:Ys,'=h �`'",�'�G>>,
r., �f,
... �'., d= -0� r�"
�,Xr� �z,�,�� J�� a
t tTl� .' S � } fi 4 �V.�`.
ARTICLE III—Board of Directors �,`� �r ���' "'`;t�i h ' :��'
nsti�rv,rG� `� i.t,{'. �ti�4���.. "�v�i�;iF� �^;�r�t�i
�``+ :� -1"v; `' .�} �'{°. �,�.k�:'��
Section A:OCHFT Board:rof�Directors`'���':. ' �'� `�� �� �
All members of the Board of�Da:rectocsnmust be fromza;member of the governing board of a party to the
r}{ttJr��r ir t i i lti�ti .
Apreement {f,r s��s�. �r ���° � ��� r�r
b ti i� � � i�( �ti� st. d�,�Yh r��'H P �?;�7 s{ ��� .
}t`"�rxr��[v��..�. r��S�r���tir `t a•r r. .. 1 r. �$� r r{�
�����},.r i; �p � i � +L hr��
Board o`f Drr'ectors. The''rt�n�(9)vottn�members a`f;t�e Board of Directors of OCHFT shall be as
described'�p7elow. Each meinbe�t;,,sthall be e�tltitled to one(1)vote on the Board:
•��l,:�;'iVfh. 4:At��'t:1 111. �..,t�.
��:.tV��. ��`U:t�'.ri�': .i'�.y i:'
F�. /.�
�� f
�k '�1� �{i' lt..�.'�.'j — .
a) County;Representativestrt�, N 4�1i$i
.f,t{ Vi
i. Two member3i�f the Board of�,�;upervisors of the County of Orange, selected by the Board of
'�`i�'=<�s,r;t.z, �:;.,..:,,.
Supervisors; and;'j., {h;v�
,,..,t; 1; 5 �,,
ii. Two countywide e�lected offici,��ls selected from the following six Orange County elected officials:
:�.;:.r�;,;, ;.,�;,;,,;;;,�,,>
Assessor,Auditor-Con"�"rp;l�'�r���Clerk-Recorder, District Attorney-Public Administrator,Sheriff-
'u,:if�r7�%��tt
Coroner,and the Treasure`rTax-Collector by the Board of Supervisors of the County of Orange.
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.
iv. One City Council member from a city member with a population of between 60,000 persons and
95,000 persons as measured in the most recent decennial census; and
v. 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 described in "iv" and "v"above shall be made by a City Selection Committee
from votes cast on a one-city-one-vote basis by representatives of the city members fall within the
respective population thresholds described in iv and v.
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,I�aj:s�;;taken in furtherance of OCHFT's
purpose as expressed in the Agreement: ��`'����"'`��
.�:�i>�,:;,;:e:,;�
'';,;:�r,rr.,�3
�r.
�b ISIt���wti S'':�.
• One Public Member who also serves on the Orange;;Counfj�.;Cqmmission to End Homelessness
or its successor bod `'``��''` :'t`'r�"'
� Y); ;:��.n �.����.�:.
tl 5 in%` rj:• i'.'�
• Three (3) members who are city managers o,r�;as,sistant city managers,rwhose cities are not
represented on the Board of Directors,with�:these three members repr,g,senting cities in each of
the three Service Planning Areas or their suc�cessor delineation; ���
• The Chief Executive Officer of the County of�Orange,or h�s�o;�tiher designee;�;���,
A police chief(or his or her desigr��ee);and ; ;�, , r� ` �;;�;
• ' ^��,;''' j� ��,r;�;.
�t N
• A city from a Housing Authorityl�n C1range County,which'�eceives Housing Choice Voucher
funding and which is not otherwise{repr�ese,nted as a city.o;n the Board of Directors.
� ti r ��; , t�„t'
tr : ,�..t�v�.r x� ti
All Advisory Board members a�e,entitled to at��nd all OCI��.Tt�'egular{and special meetings and to fully
participate in such meetirigs;?but#cannot votefon;pro�ectrappltcations or�t;nendments to OCHFT bylaws,
+ � � t sru, ,�s
rules, or procedures „ �v��;."�'� � ;<<, ,�yt�, �{,>,��{,�� �jrr;�%r ��z
� ��:� , .,t;.:�:.;, ,,
.;, �,
':4':.?:.'fl.•;• {,�.;.e�,.�::�.� �.r't:il'�f�'1,"� t''�11
. *En�r�':�....'::. ..'b4lfj •�`.k�:'Z:.f?.�1 .�
•�•�.1 f�i'. }l�'. �. t'.jt.t�
Advisory Board members need�.not be,elected offici�`ls��,
�r r�h F t �t tir r a
t lrr �r:a}• t --�R%f'r�s�i}i}�i �{+{a
g im��i��tM�{��¢ifi. .�,�a��i x�}}t d ��r,: ;� "� r{
Section B �Selecti�rt�o'�Advisory,BoaYd Meri�b�Xs��� ��;;s�
Appoin�Crn'ents to the Ad�rsory Boartltshall be as f'olliiVus
' ' r4h�i � rii �tr�+ rti
1. The���.�r of the Orange�ounty Boa1'd�of Supervisors,with ratification by a majority of the Board of
�:tr11 '�5iti',� � {t�� '
Superviso'rs, shall appoint the,�represe'nta;�ive from the Orange County Commission to End
q�'�V}x\7 tL:{i,r,i4l t�,'�4
l�V,•;:?' }'4'�,�`I`t•%: "'4'''�•.i'S^
Homelessness;, t;,.rt:s,:f;a•,_ ��,;t{�"
,,;r,..e�,;;�;.;.,, �
2. The Orange County City Manage:rs Association shall select the three City Manager or Assistant
�, �,..y.g
City Manager re'pr�:s,g,ntatives,�an;d
,4,�<.::,�
<:;t:;:;:.,,. �
3. The Orange County'Pi�,lice Chit�fs�Association shall select the Police Chief representative.
4. The City members of O'CHFfusti�ll select a representative from a City member,whose Housing
'h"�s$x �
Authority receives Housiri�g:�:�hoice 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. 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 repres;��t�tative is Chair for any one period,
a County representative shall serve as Vice-Chair. r;?�i^�">.�f�i:{�='f
.t IIh41:`•,
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ARTICLE IV—Duties of Officers and Board Members ,;:;n;, f '���'.is,
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Section A: Duties of the Chair and Vice-Chair �r�n, `�' �:;�,rs=z
It shall be the duty of the Chair to preside at the rn�eveXings of the OCHFT In�t�1�Chair's absence,the
� �.,«.;�
:.,r:,;�:,r.. ;.;:�.
Vice-Chair shall preside at the meetings of the OCFiF7:;.., �`�����'�`,`�:
�•�i��•at:"n.
. ��;�yf t� �tli4
5
. . LI'�1 ?{1.i. 4� n'�t'i
Section B: Duties of the Board of DirectQr Members �����> >������f?'� ����_:���
a v�`i� . ,t x �.��, ti i�
• Meet when called by the Chair to plan;and„coordinate thefl�usiness and proposed a'ctivities of
v�� tf.�,i t;. z,L '':?>:•,:
OCH FT; ,r .rr,',r,{#,, '� �x
• Review and consider applications for pt-o�ect fUn:ding, `'s;,rt
• Review and consider OCHFT's financial infqr,matio�,including thezAnnual Financial Report, any
related independent,��udit�r��n'd the OCHF7'�`annual bud��t;and r�;+Y�
� r y{74 u4 ehu 1 r� t {} ��._.
• Serve on subcomnntt�ees or taskv�orces when`�appro�riate �>;;f ,
' }t ati{}. 1. .:a�� {i..i=i i�2°r" - jRs:'l
��(.�1}�J��}vi� �JJ.�.tC tlt,Yt}�S':
��A";!'j�t yt;it,"r,', t.�:•.�
Section C: Formation of Subcommit��;�'s �#7�����
�>�
The Board may�create subcomiijGttees�or t�'sk�forces tbsaccomplish the goals and purposes of OCHFT.
fl�r tii�rjte � n� r �ii If tir �,� .�;}�rr t m..7_
{�i{ir�1,� .�<. tifi{ti...��t r �ir� ��frr °s � ��� M}r�,
ARTIC��,�y� ��`�Meetings �`�;l�r���, Jv��;�., s `, k =
t�tifia. 1 �� �r•; �r'rP'�'th,,, ��••
�" '; it t t�, �3 r r
, � Iy�r
$@Ct1011 A ��8gU�81'Me@tI11gS �r�r� �t` `�,,,
rt} ,�t 'f'�;
Regular meetmgs,of OCHFT's Boat-;d,;,shall be h;eld once every two (2) months, unless otherwise called by
.4{;;,;;,
the Chair. Meetirigj;njotice,agenda�Y�:a.�d public comment procedures shall comply with the provisions of
the Ralph M Brown`rAct;:,;.The Count`y's;Clerk of the Board shall prepare meeting agendas and handle
�; .
�:.�
� noticing requirements �;s,Y„� }�,;�>
,r nr},{:{t,{`{.k,'f�{r t Y .
I tiv'Ir:;�'�ihr?;`{
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 quorum shall exist when a simple majority of seated members of the Board of Directors are present.
Section D:Voting on Project Funding
The Board shall strive to attain a unanimous decision on all projects which receive funding from OCHFT;
however funding for a project is deemed approved following a majority(five [5] "yes"votes or more)
vote of the Board of Directors, provided that a quorum was present.
Section E:Voting on Amending OCHFT's Bylaws, Principles,or Procedures
Amendments to OCHFT's Bylaws, Principles or Procedures shall be considered at a regular meeting, and
shall comply with the Ralph M. Brown Act. An amendment to these Bylaws is deemed approved
following a majority vote of the Board of Directors.
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 tv;�,.;z,>.,
t.i>...,,.,t
a .{
The conduct of ineetings shall be governed by Robert's Rules of g'�'�le�`(most recent published edition)
:a>::�;;,��I:J..,
where the question at issue is not determined by these Bylaw,s ;{'
,� 3 r�'{ r.
;:�tv>,}J.fij.{;�r �}:?;,d•t;ry.
.t�}+%'�� h �y{
Section H: Location of Meetings <,,� � %r;�f;r
The Board must meet in publicly-accessible places ty���al for hosting pub:ltc i;neetings, such as Council
Chambers,city community rooms,or County board�`o'r�e`onference rooms. r'^;��ht.,
- V�t•.'.lu�h'. ':t�'.h1�4'`:.
..1...
'tifj��J t 1"�` � SY
ARTICLE VI—Financial Review and Oversight ``'' `J ����,
�rg ti ;.�a , ,
tl\�,St.�J, �Yi.,.t�{h� `�+;j��i:5',, .
}j'il , ��e': 1�t,J:
rh`' }� ni�r4lt,.. 8rd;�.§;
Section A:Annual Financial Re ort �v,�;Y i'rh � ������ ``f```�� �"��'�
p
�>�S ?a rn
The Board shall ensure that an Annual Fin��ci`�,I,;:�f�port is prepar,�;�l,,reviewed,adopted and made public
annually,to ensure transparency and demon�,tra4e�a:ctions that h'�Ve furthered the purposes of OCHFT.
x'�r;;
,, Y�'��ko � { +
;r =, >�,, ,
As a part of the develop.r�eqt�9�the Annual Finar�cial Repot�;`th� Board s�i'�II engage an independent
auditor to complete a�r',�.z�depenclent�inancial au�it,of$�OCHFT's�op�et'ations. The audit must be provided
to the public,and the a�,i�i�xor must re�pnrt all findin��vto'the Board`iri'��a public meeting.
' �tf t�� 4s 1: t`�'tL4 t.. .
1�ti�� t ,4t t t
SQ{,��Oh U U�{r��G�`t f �:t t t.I�i t'�j} �4�1 1.
j J,u^..a r n {1 r.E. K£ }t r H t
The AnnuafrBudgeC`ofi�QCHFT sh'all�be'reviewed`and appCoved by the Board of Directors in May or June
��6 1„�� +. f,,, �t��e.� �S a r n+.
of each�ye�'�y�'in advanc`e%;af`the start�afi�,OCHFT s ne�:F��ca1�Year.
rp}�i._1,k�� u,}l.l��'�� rv.�'a4:r �n'';1�'
� ���.S'
Sr ��r ' ti �:�n t .
Section C '�CHFT Fiscal Year �;�t;�r� �� �',�r;�
The fiscal yea'r,;of�;QCHFT shall be;from July 1`to;June 30 of each year.
:�:�A;,;.:::�.s c;f•r,4;.: ,:
�R�i�4i, {,y+.�Zv;;
^•`,i;�,v,..t�r::, .rr, Y.
"t�v:}�;%}�:•. {.:?.j:%t
ARTICLE VII—OCH�FT�;Board Code o`f;;Conduct
��Rt�c:,;:;:. r�fr�:�:�t
This OCHFT Board Coder;of;;Conduc;t:;;represents OCHFT's commitment to high standards of ethics, public
service, collegiality, and tra�th�;p�r�'�jcy. The following standards should be regarded as minimum
y�..,;,�:�r.,,,,
expectations for conduct. OCH,FT'Board Members will act in accordance 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
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
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. A conflict of interest is defined as a contract
or transaction between the OCHFT and an entity�in which a Member of the Board of Directors or
Advisory Board, or family members of such member has a financial or other interest or of which the
Member is a director, officer,agent, partner,owner,associate,trustee, personal representative,
receiver,guardian,custodian, conservator,or other legal representative.
In the event that a member of the Board of Directors or Advisory Board could benefit financially from a
project or program that is before the Board of Directors for fanding consideration,the member shall
recuse himself or herself from participating in any way, including from engaging in any discussion or
.,...
action relating to the project or program in question. .{,;;;:r;{>;:,
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,�r;a,;�+;�,1;::;;`i„
:�n{?.j�xi,h
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Members of the Board of Directors and Advisory Board are req,u,Gred�rto follow OCHFT Bylaws regarding
conflict of interest and code of conduct. . '"°} #'�'�_' ..
�'' ����!?;:�
:{{Si1t,�jSht:'� �`.V.'.,.�
.f,��SyV�.Sv �S
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4 ; 4�1
Section C: Confidentiality r u�''�� �'�����°�
,
��;�zti{ . , r
� h S���S,,.���;"� � }a�,
ar�•� �;:t�.
Members of the Board of Directors and Advisory Bo�rd must maintain the highe;st standards of
confidentiality regarding information obtained directly'or indirectl,y;through theirfiin;�olvement with the
v .,L 'v. y..:. rtlKnt'>
OCHFT. This includes but is not limited�o information abq�t applic�tions for fundmg��4CHFT members
and their organizations and funded ag�t�Cles�,,,Members mu�st��&o�avoid inadvertent disclosure of
confidential information through casual public�,discussion,whicti'='i:n,ay be overheard or misinterpreted.
{�{x i, tv)�f 4i�.� .j.;. .
ti�,ti�i s.�.�t�� {.. ��k�� +��
� Section D: Gifts or Honoraria "���_;,� �'r¢z '{ $'�,��
t � ' � 'Nt hi1 jt r t����r.
.� FSttlrl�{ tf�. f �... f 5tt 4Vl5 A�Y51 t{Y.`t
t� ( �l.��l} . P �.t 1 t' r 4r h y.
It is not permissible for rpembers o�tt�e Board af�Dar�hr�,�orsand Adv�s4ry Board to offer or accept gifts,
S1Y.. .: hS�.�'f`, � 1�41 l.E�-,d .� �,��g.
gratuities, excessive fauo;r�;�or persorta,lv;rewards inxended to influence'OCHFT decisions or activities.
' y•,rJ{�,„t�� .,J',,rl� ..
•.,�
t t ��t t''tift .
r t
Section G: Har�ss�nent ��� � � ��,i ' f�f
tiest�: . 1 y� ��s k Z� z�t ,'v {�t }.
,tts +s � yit t�i f 5�. - J ��s �� ;Li� i Sr xi Y
�,, L - �+1,i�,� r 7y n r
Harassrn�n�;�interpreted�aS,unwelc�m�conducY,�o��;nrnent,gesture, contact,or intimidating and
offensivej�b{,ehavior likely to;ca.use offe`�se,or humiliatro'n,will not be tolerated and may result in
disciplinary�`�easures up to an`d?��cluding'�=e:m,oval from OCHFT Board.
u `i
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Section H: Laws�an'�;Regulations'?�;;�>%�>::�
�•eti2k..n`�.;� '�.iti;},ati;
�'�r}�?y.; wii�r?
f z2�fiyi, sr�
OCHFT business will be�co;nducted,,i;n;.a manner that reflects the highest standards and in accordance
�.,r,,.r, ;.�.,...,,
with all federal,state, and'Ll;ocak�:la:ws?and regulations.
'.5.�Y l A���"���}�:'�!
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Attachment 5
Information about Homelessness,Supportive Housing, and Map of Service Planning Areas
The following section attempts to give additional background on homelessness and housing issues
related to the Orange County Housing Finance Trust. �
Homelessness Defined. There are different definitions depending on which Federal agency is looking at
the issue. For example,the Department of Health and Human Services says this:
��z,=�:;�;•.
A homeless individual is... "an individual who lacks housing(with?out;,:regard to whether the individual is a
member of a familyJ, includinq an individual whose primary resi�e,ii:ce during the night is a supervised
ublic or rivate acilit e "`
p p f y( .g.,sheltersJ that provides tempo���rXj(i.t''lih:g�,,accommodations, and an
�, t,hhr3,: � r rV
individual who is a resident in transitional housing. :�� ``'' '<��5�
��, ,.
��%�.,,,. '`<ja
. ryf }5:�1� �+}'.lw�lJ'.
A homeless person is an individual without perma,r�ae'�t,yhousing who may live,,;..q.�,.the streets;stay in a
shelter, mission,single room occupancy facilities, abandoned building or vehic(e;ior in an other unstable
.,1i't �
or non-permanent situation. �``�`�
.., � � v Cr$7
� �r i �A� c y� t ..
trtltl; rk����.���� �.�.?i
hv, �.
An individual may be considered to be homeless if that persoh�s�';doubled up,"... where individuals are
, �„,�nrr.r t,
o �ir�.;: a �rr
unable to maintain their housing situatror��and,a�-e forced to stay�;,with a series of friends and/or extended
,:�, ' r �r, 1cF,:�,,.
family members. In addition,previously hor�n;ele�s„�ii`di,,v.,iduals who.:�qr�,to be celeased from a prison or a
li r: �^i'.'}rti{hii i:i hilr
hospital may be considered homeless if theydotnot{iave a stable lious�ng situation to which they can
return.A recognition of th;����s�tqb�lity of an ind��idual's liv��qrrangem�r�t,s is critical to the definition of
� homelessness. ,v t���s,�,rs:., ��,� r�rr; ,, ;,��i �
r J,. �; � , . > � � �Y;:+u
F F i:� °h�n ti �.�Ck r i yr �tl+{n'`m�.
�xi{;,�v er�r�:, i`et.: r {t� r.?
�fl�t,i�'t.'l�'., �Va:`.'::t��' ;��'t.4..�>J':...'.l�S��.lY 'ji\.Y�i
k�+f;ri?:r'?g, n:•{,:�,t :rtix�hv.�d' .
From t he U S Depa rtmen t;o f;t Housing?arr d Ur ban De�e lopmen t:
;'rc;,ti�w �ry;7:,;., •.y,pi:
� � .#w�' �4i tir
'�'{ �� �, �! f� y rr
t ;
C u t Jti tvk I 4t 4 rYk
HomelessnIess�s Wherel,(1J an ini�ivid�al or�'at»rly lacks a�ixed, regular, and adequate nighttime
lY�1l�,t�5 1.. � [�Y t�1��{�, t�V t}t .iR5t1t t�. .hl�
residen�elr rr►ean►n ► W`�rs�p primaryrnighttime r��rdence that.is a public or private place not meant for
9 �)
17 1 �. � �1� P ��Y�;Y;�+;�
human i�q��tation, (iiJ Is�liuiqg�n a publrcJy or private�y�operated shelter designated to provide temporary
living arrdr�`g,ements(includirt$g,c`,ongregd�e�helters, transitional housing, and hotels and motels paid for
by charitable`organizations or bytfe.deral,stat�e;and local government programsJ;or(iiiJ Is exiting an
institution where�(sJhe has resided fo�'90 days or less and who resided in an emergency shelter or place
.,.::, �r>>:n.
not meant for humaii,`:habitation ir'ri;f,:',r,,'i:ediately before entering that institution.
�:;,,,;:;�,,s�.; ;�,{�.;�;�:y
� .:{ �F`���i �
Some persons are chronica,l:ly,ho�n,e�ess, meaning that they have a disabling condition and have been
homeless(sheltered or un's'h'�I;t;elred)for at least twelve consecutive months OR they have had at least
four episodes of homelessness''in the past three years with a total duration of at least one year of
homelessness. .
Local Trends. In Orange County, our data associated with homelessness comes primarily from the
biennial "Point in Time Count." While a recent PIT Count was conducted in late January 2019,data from
that count will not be available for a few more months. Past data (table sources below are from 2-1-1
OC's Final Report on the 2017 PIT Count)shows the following numbers of homeless persons(meaning
living in shelters, living on the streets,or living out of vehicles):
�'abte�: ����iaa�:���p v��oun�q�Paprtfaf6aa t��oeare�ess Pr��rr�fa�in�
I
Total F#oanete�s P�rcen�of
Pa�pul�tion3 Ropufatian . `�ofai
2Q13 Count 3r0�9�,�3� ! 4�,2�Il. t2��.��
2�15�oun#: 3r�45;,��5 �B,4�F Ei�Il43�,
2017`Co�n# 3,It�„��� ' �m7�2 E3�I��,
And while the homeless population has grown moderately,the growth,,(again,via the 2017 Count) came
�4lttpil.SlF.'t.t�
y{�'•(�"`..���
from persons outside of any shelter: ���.���{;;��F
,:�ri;r,::i%r`,',��`>
'• : X°thange ; �
2013 96 of T�ta1 2Q15 %+af`7ota1 201T �of 7vtal 2{�1'S-2D1? j
Sheitered 2„5� 61,"r��, �„�� 5I'�S 2„2� 4�'� -Z�
Unshettered I,b38 39��, ��{�1:. 4�9'� �y3�4' S� fl7�S
7ota) 4a25�T. 1��'S 4;,���. Il�tk� 4,7�� I� �
;.;�:i�,;?t,. .r;f�, �.c;�r;4;;;'•:;,
1t1.��� .4���5� ^.' Pj;.
As a result, cities and city residents wer,e,,;experiencing greater nU,�bers of visible homel;ess—on streets
rh 1,.. . � �5.h5 J;J�,. ..u� Sl
and medians, under overpasses, along`riy,erbeds and storm�drain channels, and in parks and.other
,,
i y,, F,,�,t s t,E.
facilities. ;_ �r ��> ,� tt r ���;�;
� �r
�}, �x�„��... , ;�•,:.-.
.. `/t7.M I1��jt
The 2017 PIT also allowed us to compare tre�ds in homelessness across Southern California. As the.
�$��,.
below chart shows,the cou�x`of'homelessness,r,n Januar���017�appea�rs to,�show an increase in Orange
County(and in the cities��of��.L`A an`d Sak�,Diego)eu�n�asrifii'weht doi�kn elsewhere:
�
,r. ,. ,�� �.., ,
'f� ,:tii,,; ``t� ,,:, � k r�, ,,,,,,v� ,.r,r,�,r,.
ri{:, :4}t;. .t�s1
Co� Pa�ula#ior� 2�15.FIT 2�Oi�P!T 2017 PI'�" ���''-�0�7 9:
�han�e
� Ea$l�d1i�*���$ ' �'��$��e�'�� I ��le�.�'�I ' $i�a��$ � �����0 �.��e+ ,I
S�rn Dd�er k 3a3��,�9� ' �,7��� '� BX��� i �,�� �� �.3� I ��
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'f��ntr�ra �57,3$� ' I1,��7 , �,��7I. ; 1,T52 -1 .7
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', [�asad�na �43,�33 ' ��. � s��2 '' ��'3� �, ,
As to the chronically homeless population, it consists of about 19%of all homeless, but increased by
about 60% between the 2015 and the 2017 Point in Time counts.
aa�� ' aoas Zoa�,, �,r���e �
To4aI ChronicaltyrHnmeless inBividea�ts '��� 55� � S�� �
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58uel9e�e�� ' �9� ' �.� I Ili�. 2€I+9�, ; ��e 3� ; �,
ilrtSfteltered 6�$ ' .�➢°s� ' 4'4� �, ' 6�3' i �.� � �$�
Even in 2017,the county still had 405 homeless veterans among us,.fi;ncluding 127 veterans defined as
.:,,��,,,;���.
chronically homeless. ����''°''{'���'�
r,,$;'.�;;:,,t,;',r�
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VE"e��r�n F�ersetQts
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Unsh�iterer� 3�� ��� �2��
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The Costs of Homelessness �Orange County�Ut��ted Way,�Ja�boree�Hot;rsing, and UCI conducted a study
("United Way-UCI Study'�)rin'3201%7;(fiull study a�www ur�itedwayoc org/e;s`ources) based on 2014/2015
rG�', .�ra ; '`v , �i��r nF;n,,,r ,
data that attempted to,g'_u'a'ntify the��err dollar cos�s;Qf each home:l��5s�.person—including costs to
���•�,:�� 1;��,
hospitals,to law enforcemer,i,t,to other�tnunicipal se'tV�ces,to social services providers,to facilities like
shelters, and more.Their fiypothesis`wa�s that it likelylcost more to allow people to remain on the streets
than to mo,ve them znto housingi, ;��v'�$"�`r ='�;;, ,�_ '�`s's+
���'�?...�`'.c s � 1r i � i{ •. ax t'r.;�
){�' Jf., � { d-1 ••F• t Y 7 ! .'uJ .t.i
.'�t�lr��. �1;u:���k 4 . � �,.� .
Key fin�f��g�s�}of the Unite'�W�y UCI StUdy included��`#�a�t,,�$299 million was spent to address homelessness
Y�. �� �l f.$Il; '.r Fjt{ �':!
in Orang�v�ou,nty by governnlent,and`nor���governmental agencies for 12 months encompassing
2014/2015. Q��;;�his amount: "`;r�'�:�: t `:�i,
�a,�
��r a, �,.�.-
't,t,�a� V::�..:�i��
���:�r'�t�;,>;, �>�.�.�,��-�z �;:�;.
,tiSkv,�:YS:�. v}'z,:u�4i:
• $120 millio�n,;was spent by;;,municipalities
• $77 million'w�s;,spent by fi:o��itals
• $62 million was�'spe.nt by,�;t;ki;e��County of Orange
1,,;:�:<.?A; ;,;,1;�:,1tt:�:�:�
� �...r;.
• Non-governmental?:�agencies spent$35 million
-4S`.. 524,�4Y '
..,.L.`��',�.t.4�
Z���
The average cost per homeless person for all services is about$45,000 for that year period. Health care
and medical services are a key driver here,and if the "most costly" 10%of the population is dropped
from the analysis,the mean annual cost per person is$10,000. The Study concluded that"the costs of
homelessness are driven upwards by the heaviest service users among those who are chronically street
homeless."
How Housing Affects Costs. The same United Way-UCI Study looked at how providing housing to a
formerly homeless person affects the costs of that person's care. The results were:
• If someone were placed in supportive housing(i.e. housing that included some social and health
services onsite or nearby),then ambulance transports would be reduced by 78%among this .
population. The study also noted that"those in supportive housing reported ... 100%fewer arrests,
compared to those who are chronically homeless living on the street or in emergency shelters:'.
• The average cost of services is 40%lower for the chronically homeless in supportive housing
($51,587/year)when compared to the cost of the chronically homeless on the streets
($85,631/year) even taking into consideration the cost of the housing.
• Looking solely at health service utilization,the estimated average annual cost of homeless who are
housed ($26,158) is half the annual cost incurred by those on the street or in emergency shelters
($51,855). This disparity is greater between those in supportivet;,housing($43,184) and those who
M1,,y.f;r,',�,�;�,
are chronically street homeless ($98,199). '�.';f�.;°,''
;:?:��i.;�.ctj.,::,
.,.,s.,;,
s%.:x,:.;;z.;;,:.
• For the chronically homeless who are the most frequent user,s;c�f services,those 10%of the
,s,�;;,_�:;,,
chronically homeless cost$439,787 per person per yedr;;wh'en`�o��;;�he street, but only$55,332 per
,,;, ,5,
person peryearwhen in supportive housing. ,���r � ` ���yt
s $:�,� �, in.
• If all of Orange County's chronically homeless we���;,piaced in suppor�i�r����,ousing,the region would
{���s�� 3
save about$42 million a year. ���,�� ������,,,�
,� ,� ,�;aF r
About Supportive Housing. As noted,the concept o�si�'pportive;h:o�Using is intended to provide long-
.� r �
term housing(such as an apartment or sh�red unit or simrlax)to°a,�omeless person (t��i�;Acally chronically
�r:..
homeless), as that person is likely unable„to`,.;r':,erxiain in housing Awithout some daily(or near daily)
h ,�„
assistance in terms of social services, mental heaYh;care,or sim�Lary�..;Thus, supportive housing allows
'Y �tA �N
individuals and families to remain in their own,apart`ment, but a quatified service provider is onsite or
nearby to ensure that the ind,i��dual or family�isttaking the4'steps needed�a�d getting the care they need
to remain housed. �•�l `� `"���.���`� ��� G� �i`��< `�� �'j`
fy}unij'r� � ��v������ h� 7r�rr��� ��ti!!�{ _
r��o{'� t} t ' ��..�a � kv �r'� �
t t.r?} y zwi. ��'t�l���,vzt;k� :G r{l.:
Supportive housing is most{.geared tovuards those`�h;�on'ically homefess. Persons who are not chronically
��Y{� .'{ir �����ei t
homeless often can benefit,from more,,�y�,ical (and fess;costly)affordable housing,Section 8 programs
t4 R" S � tN
(rental assistance),rapid rehou`smg`'(short�;t�rm;housin�to allow someone to quickly get back on their
' �{�J �� • c s .�. � }�7 1 t.�nnti tr� ti ti.
feet after<;a hame�l'ess�experience)or transitional hQ�using�hiedium-term housing that can help a persdn
re-establ�;s�i'their societa'I foo`ting with;;a,��ob or job tih'a��,4�'ing for 2-24 months).
u'ts �r e �;: ,� �
� ,;ek ti���i. �ti s�.��i �
Efforts to Protix�ote Supportive�,Housing inuQ�r,:ange County. In 2017 and 2018, policy makers around the
county started�'di:sc.ussing a goal o�;providing4i�p to 2,700 units of supportive housing across the region.
'�?;:•rr::;��.:, �>�r:,�
The number was d''eV�l.oped in par�'from data from the 2017 Point in Time Count. While some entities
":...�t:t�'}541 `):�:�t'f.:'��
discussed breaking d'o:�itn;,the entire;;2:;700 and assigning a population-based share to each community, a
�::;;;::.�.:
more achievable goal m'ay;�be,to;:use;;;the 2,700-unit number as a stretch target across the region. Not
every city will have the desi$'',e�F�;oYsite supportive housing or the sites for it.
. ��zy..:X?tiv
:V;rr,�
Judge David O.Carter of the US District Court in Santa Ana also has discussed the 2,700-unit number,
seeing it as an important part of the "housing pipeline"—where a real homelessness solution involves
transitioning the chronically and other homeless from the streets to emergency or bridge shelters to �
transitional housing and finally to supportive housing. Without enough units and beds at each step—
including supportive housing—the system and solution fails.
In 2018,the Association of California Cities—Orange County worked with local legislators(including
Assembly Members Daly and Quirk-Silva and Senators Bates, Moorlach, and Nguyen)to pass AB 448.
This bill was intended to allow the cities of Orange County and the County of Orange to work together to
secure additional competitive public and private funds to build supportive housing units, as one large
region. AB 448 would allow.Orange County to complete alongside the City of Los Angeles or the City of
San Diego to secure state bond funds,grants, and private contributions to leverage other local or
Federal funds in order to construct supportive housing. AB 448 defined a Joint Powers Agreement(JPA)
mechanism for the County and local cities to form the Orange County Housing Finance Trust(OCHFT).
AB 448 is shown as Attachment B to this staff report.
How is a Supportive Housing Project Funded? A supportive housing project is funded similar to an
affordable housing project. But with the additional costs of on-site or adjacent service provision,a
supportive housing project can be even more costly. Basically,the below sources of funds can be
accessed to build and operate a project. A developer will typically;,b;u,ild financing like filling a cup,
,,.....,,,�:,;�;,;:
starting with the most straightfoward funding first: ',��'?��:��'r�'`
:;s��z:�>.:,.>,x.
;::zi�:;:•;i{i;�/.-,
:i;'�:';::}:ti��;iy.r:;}:r,
1. Seeking a lender to provide a mortgage,with the mortgag;e:vback�ed�,,by anticipated rental income.
Because the rental income from an affordable proj,ect„is`9ower tha'nithat of a market-rate project,
,.��,�
the mortgage amount is too low to construct a f;ull`>'project on its own:`;:�;:�:;>;;,
���:�;;>:;::.:.,,,
2. Some owner's equity. Whereby an initial doll.'a'r�;am'ount is allocated to tla,e:;project by a landowner or
�::<::.,.>�:,:.
developer. In a municipality's case,this can so"metimes be proyiding"free"`�I'a:n:d..for the project.
r::..
3. Project-based Section 8 Vouchers. A local housing'authority;.(:tti:ere are four in�"Orange County: the
:�.::�
: 4 !A.:'.
County of Orange and the cities of.S�`r�ta Ana,Anaheirn;;;and,Ga�rden Grove) may assign a number of
rental assistance vouchers to a spec�,f�c,pJ�,oject. In other words,the Authority will say that 20-25
to.�.�,:�. �,,.:�:,:•.,:,,,,
ti,�,. v,. ::�r;:,;:��;;;:
persons in the future housing project'u,V.,i�l alwa;ys,;,have Secti�o'r;j;;;8:;;housing vouchers and the developer
u,;. ��s,;t �:.{ ,�;r
can use those in the deVeloper's financing;,;Rental�ass;istance va�;e,hers for veterans(VASH Vouchers)
,.; ..
can also be used in thI5s rnanr�er for proje"cts which house veterans �r u:"::
:: t t ..�� � �t .l. A �2t1. . J.":.
��'.'.'
4. Low Income Housing,Tax'Credi#s�(LIHTC). Thas Federal program, begun in 1986 and made
��,g:::•;:�,. `�:•::.,:;�:::�;:,•:>:,;;:.,
permanent in 1993;;;�allows an inves:tor to receive;;a:;;:dollar-for-do'I�lar reduction in their tax obligation
in exchange for providing financing�to develop affordable rental housing.There is a 9% LIHTC
_ ...... .......
program and a 4% LIHTC program. In California,the State Treasurer's Office administers the Federal
..._....._..._..._... _.._... ........_ ..,.:.,��.::,.,::,, ,....:
(and some State)Tax credit program. ^�'•�;���>.�;; Y>`�"'`•
t � 9:::v� .,:.;;., . r.nnC'
5. Statel�General Fund``or 6ond Fund Revenues Califo,rnia has recently added to its resources available
.. I�AA.`s,l � ,�4 }t; l '
to a�del:ress affordable and s:upportiVe housing, including November 2018's:
`,::ti.;i5,;>.;, '+,r;,;r,.;,,, .•r?,yMS:;,,
a. �Pro.position 1 ($4BN;;for afford'a�b,l:e;housing,with$36N of that for projects and programs
.,:.. �.a.a.n;;. "ti�t�:�,t;v.n
}1�n_ '.r�i;y:r:?;, n��v;6?
anc��:$7:;B,N to improvefaecess to home loans for veterans). Proposition 1 includes a specific
��'•k,;�::>:., .�,r,;r.;�,
amount;;;($300M)just for;;qualified housing trusts; and
!.'.�.':�:t.t.
b. Proposition;;2;;.,,Prop 2;cf'arified that existing"Millionaire's Tax" money—also referred to as
Mental Healtri;�Se,r.v;iees;Act or MHSA funds—can be used to develop housing when the
,r,:
r���l'.
persons housed'haue-'mental illnesses.
6. SB 2 Funds(2017's Documentary Transfer Tax). A newer documentary transfer tax(collected each
time a home sells) provides for competitive and per capita city-by-city allocations of housing dollars,
provided that the receiving city has a valid housing element. Cities can use these funds for housing
for extremely low,very low, low and moderate income households, including capitalizing the funds
for providing services at supportive housing sites.
7. Community Development Block Grant(CDBG) Funds. These federal funds come to cities for various
projects and programs relating to persons with disabilities or improvements in designated
disadvantaged areas.
8. Developer fees paid to a City for affordable housing.
9. City general funds.
10. Private grants and other sources and donations.
Generally, in the above list,affordable housing developers will speak about filling the "funding gap"
between a market-rate project and an affordable or supportive housing project. The gap is filled by
everything above except item#1.
Funds That Could be Made Available to the Housing Trust. The OC Housing Finance Trust is
constructed to enable the Trust to secure primarily funds from State Housing Bond vehicles(such as
Prop 1),SB 2/Documentary Transfer Tax funds willingly provided by a member city, developer fees
willingly provided by a member city(ensuring that the appropriate nexus remains), and private
.,.�.,�.ft.�;;.,
donations. - � ��''°��'�'''"'�'"
;;::t,{;t;f;;:;r,;;'
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�h��t�
Cities could also provide general fund allocations to the Tru,��vs�oult�;;t,hey choose. The County of Orange
':� ��, � t..,
has discussed ensuring that the County's Proposition 2/rIyIHSA��funds{es�i.mated at up to$70M)would be
made eligible for Trust-funded projects, but because,of}��nding constrar�n�sr;,the MHSA funds would not
��,�t,� s�� us
literally be placed in the Trust. ��f,%�^r `h'
r s, z.z,.�%}ryz
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Attachment E
Service Planning Area Information
Aliso Vie'o �_>%<�`������{'�' SOUTH
J 4=. rr��a
.fij�}':�4iv#4•�•
Anaheim NORTH �`�`�''�"'"'
,,:;Jb�k,z,
Brea NORTH. �`""`';.``;z''�:f<;s;..
,:>;.n>.,::t;;,";r.y;J,.,�,..
Buena Park NO H��';;:''sk",. `��'�;':"a
R.T �..
'tfi'� �+�
Costa Mesa r'���'�`����-" CENTRAL �A�.,
.�:1;,>:;,�� ;;:z;.:>,�.
Cypress f N'QftTH t< `r��
,f., ,t>:,.;,.,
Dana Point `�1; ;;� SOUTH;.; {��,
c Tt
Fountain Valley �t;�zs:,, CENTRA�L 'r
Fulllerton '�' NORTF�f,;;` �� %`��';,��. <�.`.,�`
',ai��:?•;,.
Garden Grove � ���,:�;;;•.�;:::,.;, �`C}E;N:TRAL
Huntington BeacFi>� ., }IS'�;���;1:;;;.,, CEN�:Rq,L
;,•.Xr: >,`•;°v,i;Z�;�;ii;;.:; s:t..,:°r:.
Irvine '��,:�.:��:• �:,:�h��;�.;..�:�.. ��e,�:�;;�.,F SOUTH
:,�:��. ��.:��,�4,�a��, �h:<j.;.�;
,:.,.
;.,,
Laguna�,Be:ach " 1�;;, '�'� "�SOUTH
�..
y �.�M,. � , � � , ��
���l�guna Hilts .>:t_ ',`.��9 �`�.=�F � >��rr�,�:.: SOUTH
��y,. :;. � -
L:aguna Niguel�f,;: ��%s�%'s'� �� SOUTH
Lag�ti,�.Woods;'�... � ,,,,� SOUTH
, � La Habl'a � ������{�'��'�. NORTH
����'' ��r r, �,srr F , � �;�,
�; ;,'�;~� ` �La�Ce Forest � �` rr; h�.� ' ` SOUTH �
Jr jjf{{1.' ° z �i, ��i+, r r.
�`4,�,�-. La Pal;ma .�k��:,, N'a.RTH
�x?;;::�1>. , �` H
''��f�s�N Los ACa"rr�itos �7�zF r NORTH
.ft tk 1.
'�>''rr Mission V�:ejo y''�s,::':::;, SOUTH
::F.S`
�S���GIl'fi�'��.`. .......:: ...i
;f�h':,'���,.
�`� Newport��e:ach CENTRAL
���;�;,:����,�
;'^',�{r,r:�, , .
��n:...:;rq,: 3Y;.r•:t
�°i�'����;;.;Orange r���'�`'`� NORTH
�A.ti.� �.�����rt
�.�N�,,.....n ti'i�,,V.'.,
PI'acentia,f ..;> NORTH
� �r,�r
Rancho..;;Sa�nta Margarita SOUTH
..�,��J�..
San CI'e`rnente SOUTH
San Juan Capistrano SOUTH
Santa Ana CENTRAL
Seal Beach CENTRAL
Stanton NORTH
Tustin CENTRAL
Villa Park NORTH
Westmi nster CENTRAL
Yorba Linda NORTH
Service Planning Areas
�.�
e 4P �
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CITY COUNCIL MINUTES APRIL 9, 2019
8. REPORTS FROM CITY MANAGER
8.1 Joint Exercise of Powers Agreement with the County of Orange and city members to
join the Orange County Housing Finance Trust. Resolution No. 11145. (A2100.0;
AGR-6759)
A Resolution of the City Council of the City of Orange authorizing execution of the Joint
Powers Authority agreement for membership in the Orange County Housing Finance Trust.
MOTION —Nichols
SECOND —Alvarez
AYES —Alvarez, Murphy,Nichols, Monaco
Moved to approve Resolution No. 11145 relating to participating in the Orange County
Housing Finance Trust,and authorize the Mayor and City Clerk to execute on behalf of the
City.
9. LEGAL AFFAIRS—None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY—None
11 PUBLIC HEARING
11.1 Fiscal Year 2019-2020 Community Development Block Grant and HOME Investment
Partnerships Programs. (OR1800.0.8.3)
Time set for public hearing to consider the FY 2019-2020 projects for funding under the
CDBG and HOME programs.
The Mayor opened the Public Hearing
Public Speakers:
Charlotte Vaughn,Assistance League—thanked the CDBG Committee, staff, and Council
for supporting the Assistance League; and noted that,if approved,the funds would be used
to provide children with school uniforms and supplies.
The Mayor closed the Public Hearing.
PAGE 10