HomeMy WebLinkAbout2019-035 - Orange County Housing Finance TrustRESOLUTION NO. 2019-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RELATING TO THE JOINT EXERCISE OF
POWERS FOR AND MEMBERSHIP IN THE ORANGE
COUNTY HOUSING FINANCE TRUST
Whereas, 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 from a community safety perspective, 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, the costs of homelessness on our community resources and facilities
are estimated in a 2017 study (based on 2014-15 dollars) done by United Way of
Orange County and the University of California, Irvine, to be in the range of $300 million
per year, and likely growing; and
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 homeless can
include a range of housing types, from emergency and bridge shelters to transitional
housing to rapid rehousing to supportive housing to affordable housing; and
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 — supportive
housing meaning where a person who may have formerly been homeless is able to
secure and maintain his or her housing provided that services are provided to the
individual to help them stay successfully in housing — is deemed to be beneficial to
solving especially the needs of the chronically homeless; and
Whereas, in 2018, Orange County leaders worked to develop and secure
legislation that created a joint powers mechanism that would share the power of
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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 (Trust), a Trust established to secure both public and private
dollars and to ensure that Orange County as a region attains its share of State
resources approved by California residents and the California Legislature to address
housing and homelessness via the provision of more housing units, especially
supportive housing; and
Whereas, to join the Trust, cities in Orange County and the County of Orange
may execute a Joint Powers Agreement that makes them a member of the Trust and
describes the roles and responsibilities of the Trust, as well as its Governance structure;
and
Whereas, the City of Santa Ana desires to join the Orange County Housing Trust
by authorizing the Mayor of Santa Ana to execute the Joint Powers Agreement that is
attached hereto as an exhibit; now, therefore be it
RESOLVED by the City Council of the City of Santa Ana that it hereby authorizes
the City's membership in the Orange County Housing Finance Trust, as described by
the attached Joint Powers Agreement (Exhibit 1); and be it also
RESOLVED by the City Council of the City of Santa Ana that it hereby
encourages the Trust Governing Board to use every effort to minimize and offset the
Trust's administrative costs, including by using contracted staff, partnerships with other
like-minded entities for an office site or other administration functions, and by actively
seeking bond or other non -General Fund sources to offset these administrative costs;
and be it also
RESOLVED by the City Council of the City of Santa that our city's contribution
towards staffing for the Trust must be less than or equal to $25,000 annually (adjusted
by CPI); and be it also
RESOLVED by the City Council of the City of Santa Ana that it hereby directs
City staff to report back to the Council within one year with a determination of whether
the Trust has appropriately minimized its administrative costs in the manner suggested
by this Resolution; and be it also
RESOLVED by the City Council of the City of Santa Ana that it authorizes the
Mayor of Santa Ana to execute the Joint Powers Agreement on the City's behalf.
ADOPTED this 4th day of June, 2019.
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
M-
AYES: Councilmembers Penaloza, Sarmiento, Solorio, Villegas (4)
NOES: Councilmembers Iglesias (1)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Pulido (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2019-035 to be the original resolution adopted by the City Council of the
City of Santa Ana on June 4, 2019.
0 i
Norma Mitre
Acting Clerk of the Council
City of Santa Ana
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Exhibit 1
JOINT EXERCISE OF POWERS AGREEMENT
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JOINT EXERCISE 4F POWERS AICwi1.EL+`MENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the 'Agreement") is
auado this ._, day of , 2019 (the "Effective Hate"), by and between the
following public entities (collectively, the "Parties' ; City of Santa Ana, and
(collectively, the "Cities") and the COUNTY OF OLINGE (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 (rower 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
fierce housing, affordable housing, aact 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 dosire to act in the public interest to lesson 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 of seq. ("Joint Exercise of
Powers Act" or "Act") permits two or more public agencies to create joint powers
authorities for the jaurposes cited herein, and permits the agenciea to exorcis+o
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 6530,5 ,5 authorizes the County of
Orange and any of the cities within the County of Orange to create a j�cant powers
agoncy ltnown as the Giango County T3ouedng Finance Tracer ("C7CyIiF`I ), which may
do ang� of the foliovring. (1} iutud illao ph no og and conatruciion of housint; of all
types and tenures for the homeless population and ersons and families Of
extroznaly low; very low, axxd low income, as dofneal in' octloll 50095 of the Health
and Safety Carlo, inclatdiaag, but not li�ssited to, permanent supportive housing; and
(2} receive public anal private finaucing and funds,
HT California Government Code section 6539Z also authorizes the parties
to a Dint gewers agreement, which is executed pursuant to its provisions, to grant
C7Cl FI" the power to authorize and issue bonds, certificates of participation, or any
other debt instrument repayable from funds and financing received and pledged by
GCHFT, However, at this point in time, it is the consensus of the Parties to the
Agreement not to grant OCM the power to authorize and issue bonds or other
d6t instruments„ This Agreement may be amended in the future to grant OCHF`i°
the power to issue bonds or other debt instruments,
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1. Local land -user decisions remain solely with each party. Nothing in
this Agreement deprives any party of its soverei n powers with respect to land -use
or transfers such powers to the joint powers out orxty.
NOW, THEREFORE, in consideration of the mutual promises set forth
below, the parties agree as follDws:
Section. i. Creation and Purpose.
(a) Creatio t f "„ Pursuant to the Joint Exercise of Powers ,Act:,
including Section t3ii39.fr o'the overnment Code, there is hereby created a ublic
entity to be knownas the 'Orange County lousing Finance Trust/ OCHl9 shall,
be a public entity separate and apart from the Parties„ and shall administer this
Agreement.
(b) err y . This A reement is male pursuant to the Joint Powers Art for
the purpose of creating OCIa T 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 tyyppes and tenures for the homeless population and
persons and families of extremely lour, very low, and low income, as defined in
Section 50093 of the Health and Safety Code, including, but not limited to,
ppermanent alnpportive $sorasixxg; and (iij receive public and privatar financing and
funds. The purpose of this A greeanent shall be acc in an and caanmoax powers
exercised . tlxe xxxanner set forth its t$raY Agreexxaont. l�larthin * contained in this
Sgreenxent sixall preclude the Parties from establishing, maintaining or
providing
social progrssma or services. to its residents as it deem prosper axnd nee sssary.
Section 2. Term and. Termination.
(a) Tgm. This Agreement shall become effective, and OC%lF"l° shall come
into existence, on the Effective Date, and this Agreement shall thereafter continue
its full force and effect until terminated pursuant to subdivision (h) of this section.
(b) To ndnation, This Agree meat may be terminated b� agreement of the
A Parties. Upon termination of this reement, OCHE T shall be dissolved and, afterpayment or provision for payment p all liabilities, the assets of OCIIFT shall be
distributed to the Parties in proportion to the contributions of each Party to OCHF"T
and the amounts paid by each Party in connection with OCIHF`T"s activities.
Section 3. Powers and Duties of OCHFT.
(a) encral Powers. OCHF'T shall have all the powers common to the
Parties to this Agreement necessary or convenient, specified or implied, to
accomplish the pxu
ose of this Agreement as set forth in Section 1, sub ect to the
restrictions set forth in Section 8, 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 heroin, subject only to such restrictions apon the manner of
exercising such powers as are unposed upon the Parties in tixe exercise of similar
powers.
(b) Sneci is Powers. Without limiting the generalit of the powers
conferred in subdivision (a) of this 'Section 3, OCHF'T is lreregy 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 inalce and enter into contracts;
(2) to contract for staff assistance;
(3) to sue and he sued in its own name;
(4) to apply for, racce t, receive and disburse grants, loans and other
aids from any ;agency of the United Mates of America or of the State of California;
(5) to invest any money in the treasury pursuant to Section 6505.3
of the Joint Powers Act that is not. required for the immediate necessities of
OCHFT, as OCIIFT determines is advisable, in the same manner and upon the
same conditions as local agencies, pursuant to Section 53601 of the California
Government Code;
(fa) to apply for letters of credit or other forms of financial
guarantees in order to aanter 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 on1ploy and compensate counsel including bond counsel,
financial consultants, and rather advisors determined appropriate by OCHFT in the
accomplishment of the purposes of this Agreement,
(11) to contract for engineering,
construction, a 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 ofenfoxcing affordable housing covenants or
holding security interests for loans, to take title to, and transfer, sell by installment
salty or otherwise, lands, structures, real or personal property, rights, rights-ofwsy,
franchises, easoments, 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 lea"
to, and to lease from, as 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 dotormines are necessary or convenient
in connection with the accomplishment of the purposes of°this Agreement;
(1 h) 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 pourers as maybe provided for
CIIFT in the Joint Powers Act or any other applicable law.
(c) Limitation on Powers. Neither this A reeanu=nt nor section f�589,6 of
the Government ode authorize OCHFT do any ti 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, uliaxge dedication, reservation or tax assessment„ as a
condition for approval of a devcvs ment project;
(4) require or incentivixe inrlusionarrr zoning requirements
(5) re wire the Parties to this Agreement to dedicate or assign
funding for any t obligations or programs;
(6) approve a housing project or Program that is not sup,pported 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 prv:avide any
number of housing units as a prerequisite to joining or romaini;ng a member of
OCHFT.
Section 4. Merahers
The members, of OCHFT shall be the parties to this Agreement who have not
witlidrawn from. OCHFT, and such other parties as may join OCHFT after
execution of this Agreement. New members may °oin on the terms and conditions
sot forth in Section 10 hereof. On! rho County o or a and cities within the
County of Orange may be a party to this Agreement aria 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 soleoted from the fallowing six
Orange County elected officials: Assessor„ Auditor -Controller, Clerk -Recorder„
District .A.ttorne -Public Administrator, Sheri ff-Coroner, and the Treasurer Tax -
Collector by the oard 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.
(tJ One city council member for the city member with the greatest
population in as Central Region Service Planning area as depicted in Exhibit A.
(a) One city council member fora the city member with the ��eaatest
population in the South Region Service Planning Area as depicted in Exhilait A.
(6) Two city council mem bars who are each selected from member
cities, which are not alraa y represented on the Board of Directors. The selection of
those directors shall be made by a City Selection Committee from votes cast can a
one•city-one-voto basis by representatives of the city members that are not already
represented pursuant to Section 6, subdivisions (a)(3), (a)(4) and (aa)(h)w
(b) Draard Powers. Salaj"exct to the limitations of this Agreement and the
laws of the Mate of Califoarn, ' t o powers of OCHF'T shall be vested in and
exercised by and its property controlled and its affairs conducted by the Board of
Directors,
(c) AdyisoaT Beard. In aceordanro with OCHF"'T's bylaws, the Board of
Directors may convene an ex o icio advisory board that may include a public
member, city managers or assistant city managers, the County Executive Officer, a
representative from law enforcement, and a representative from a, housing
authority.
(d) Comes ` Members of the Board shall serve without
compensatiosa�sha e 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 againstany unencumbered funds of
OCHFT available for the purpose.
(a) Meetingg of the Boaard of Directors.
(1) Call Notice an Candurt ofMeetings. All meetings of the Board
of Directors, including without limitation, regular, ad"ourned regular spacial
meetings and adjourned special meetings, shall be caw lad, noticed, held and
conducted in accordance with the provisions of the Ralph ltai. Brown Act.
(2) Re gular Mgeti , Regular meetings of the Board of Directors
shall be held at such dates and tunes as the Board may fax 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
Cho individual Directors.
(3) Sgeciaal Meetings. Special meetiaa�s of the Board of Directors
shall be held whenever called by the Chairperson of tlao Board or by a majority of
tho Directors.
(4) uo � . A majority of the seated meaaatbera 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. Ever act or
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decision done or made by a MR"ority of the Directors present at any meeting' at
which a quorum is present shall be the act of the Board of Directors.
(5) Yinutes. The Board of Directors shall beep minutes of all
regular, adjourned re air, and special meetings, and shall„ as soon as possible
after each meeting, cause as copy of the minutes to be forwarded to each Director
and to the Parties.
(G) Qfficers, The Board of Directors shall elect a chairperson and as
vice chairperson from among its members at the first meeting held in each dal
yyear, In the event that the chairperson or vice chairperson so elected ceases to be a
director, than resultin vacancy shall be filled at the next regular meeting of the
Board ofDirectorheld, after such vacancy occurs or at a special meeting called for
that purpose. In the absence or inabilityy' of the chairperson to act, the dice
chairperson shall act as chairperson. Tiac chairperson, or in the chairperson's
absenco, the vice chairpersons, shall preside at and conduct all hoard of Director's
meetings.
(7) Rule a a n d Reg ulatiog . The BosrdofDirectors maay adopt, fro
time to time, by resolutson, 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) Qfflcera and Contract ;staff.
(1) OCHFT may contract with a Party to this Agrooment for officers
and staff pursuant to Sections d, subdivision (d), or retain independent contractors,
agents, or volunteers as the Board of directors way doom necessary to carry out any
ofOCHF'T's ,powers, upon such terries and conditions as the Board may reqaaire,
including the retaining of professional and technical assistance, provided that
adequate funds are available in OCHFT'a budget and are appropriated by OCHFT
therefore.
() 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 than Parties,
(b) Treasurer and Auditor/Controller. Pursuant to Government Coale
Sections 6506.5 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 as certified public accountant to hold the offices of treasurer and
auditor for OCHFT. Such erson or persons shall possess the powers of and shall
perform than treasurer an auditor functions for 0CHFT required by sections 6505,
6505,5 and. 6506.6 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 reportin of all
receipts and disbursements of OCHFT. The treasurer and auditor of 0 f, FT shall
be required to file an official bond with the Bogard of directors in an amount,, winch
shall be established by the Board. Should than existi rah�*, bond or bonds of annyy such
officer be extended to cover the obligations provided herein, ,said bondsahall be the
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official bond required herein. Tire premiums on any such bonds attributable to the
coverage required herein shall be an appropriate expense of f CHM
(c) A tornev. The Board of Directors shall have the power to appoint one
or more legal aaly%scrs to OCHFT who shall perform such duties as may be
prescribed by the hoard. The County Counsel of the County shall be OCHFTs
counsel unless and until than hoard of Directors appoints other counsel to serve such
function.
(d) Administrative Services and Reim
lrurseixrent of Coats,
(1) The Board of Directors may contract with a Party to this
Agreement to provide5 necessary a administrative services to OCHFT, Including the
service s descrfired in Section 6, subdivisions (a), (b) and (c). The amount charged by
the Party to rm,ide such services to OCHFT shall be fixed. by agreement between
the Board of irectors and the governing board of the Party piv.viding such services.
In the absence of an agreement on coats, the Party providing services to OCHFT
under this Section 6 array char e OCHFT the amounts necessary to recover, the
direct and indirect costs of sueservices.
(2) If OCHFT contracts with a Party to this Agreement to provide
OCHFT with administrative services through persons who are era loyces and
officers of the Party, then any retirement liabilities associated w that Harty"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 net preclude a Party
rroviding administrative services to OCHFT pursuant to a. contract with CCITFT
rom aeoountingg for sucli sala and benefit costs when negotiating the rates thatthe Party will clrargo O'I- FT or providing such services,
Section 7. Financial Provisions
(aa) Fiscal Year, The Fiscal Year of OCHFT shall, unless and until
changgr�c��d by the Bow cif Directors, commence on the ist day of duly of each ,year
and a3liall end on the 30th da = of June of the next succeeding, year exce t that then
initial Fiscal Year ofGCHF?shall commence on the effective date of this
Agreement and end on the immediately following dtlth day of June.
(b) Bud ei.
(1) General budget. Within one hundred and twenty days (120)
after the fret meeting of the Board of Directors, a general budget For the first fiscal
year shall be ad ted by the vote of a majority of all of the Directors. The budget
shall distinguish botiveen. administrative costs (i.e., the cast; of operating OCHFT)
and Program costs (i.e., the financin� of the programs funded or sponsored by
OCHPT). Thereafter, at or prior to financing
last meeting ofthe hoard of Directors for
each fiscal year, a general budget shall be adopted far the ensuing fiscal year or
years by as vote of at. least a majority of all of the Directors of the Board,
(a) Expenditures for the. Approved Budeet, T lres ayment of all
OCHFT obligations is limited to the aniount of appropriations allowed in OCHF7s
approved budget, except as it may be revised with the, approval of as majority of all
of the Directors of the Board of Dfi*ctora.
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(c) Contributions by the Parties.
(1) Administrative Cast C;antanbutions. The County shall be
yes onsible far tiCHFT'a administrative costs far one year following the creation of
OC` �ilFT. After this initial year, and in consideration of the mutual promises
contained herein, the Parties agree that they shall make ,annual contributions
towards the bud eted administrative costs of QCHFT in accordance with a cost
allocation formu a to be approved by the Board of Directors. By unanimous vote, the
Board of Directors may waive a parties' contribution toward OCHIt T s
administrative coats. A Party'& contribution to OC1171% administrative costs shall
be in the form of money, unless the Berard, 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-monotary
contributions shall be as determined by the Board.
(2) Program Cleat Contributions. The articular programs and
pro am budget, funded, sponsored or oporated by CICI�F�'„ as wail as the level 0&
an mechanisms for, the involvement o#' IOCH T and each Party, in sue la ��arrograms
and program budget„ shall be determined and approved by the Board of llirectors.
A Part,y�s individual contribution, involvement and role in an), particular pro am
or the budgeted program, casts shall be as may be mutually agreed between the
Party and OCHFT.
( Acco atA.
(1) leas and Records. There shall be strict accountahility 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.
'Clue books and records of QC Hi'T shall be open to Wpoction at all reasonable times
by each Party and its duly authorized representatives.
(2) Annual Audit. The person appointed by the hoard 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 coiti ed public
accountant or firm of certified public accountants in accordance with Gover ment
Code section 6505. Such audits shall be delivered to each Party and shall be made
available to the public.
(3) Ann 1 a in ancial Reggrt. Pursuant to section 6539.5 of the
Government Code, OCII shall pu rlis z an Annual Financial Report that shall
describe the funds received by fJC"IIFT and the use of such funds by OCHFT. The
Annual F"financial lleport shall describe how the funds received by OCHFT have
furthered the purpose of OCHFT.
(e) and . Sub cot to the applicable provisions of an instrumentor
aLyrooent u4 arh CIIFT may enter into, which may, provide fora trustee or other
fiscal anent to receive, have custody of and disburse CICHFT funds, the person
a pointed by the Board of Directors to perform the treasurer function for OCHrr
shall receive, have the custody of and disburse OCHFT funds as nearly as possible
in accordance with generally accepted accounting practices, shall make the
disbursements required by this Agreement or to carry out any of the provisions or
purposes of this Agreement.
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Section 8. Amendments and Additional Parties.
(a) This Agreement may not be amended or modified exce t by a vote of
two-thirds of all of the Parties through formal action approving sou, an amendment
by the Parties' respective governing bodies.
0) No addition to, or alteration of, the terms of this Agreement, whether
by written or oral underctanding of the parties„ their officers, employees or agents,
shall be valid or effective uialcss 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 9.1" on -Liability for Obligations of OCHFT.
The debts, liabilities and obligations of OCHFT shall not bra the debts,
liabilities and obli antioaaat of any of the Parties or perso nal debts, liabilities and
obliggatirana of"tlae treaters, officers or employees of OCHFT; provided that a Party
may, by aaa agreement separate from this Agreement„ contract for, or assume.
responsibility for, specific debts, liabilities, or obligations of OCk1FT.
Section 10. Admission and Withdrawal of Parties.
(€n) Adin rtof New Parties. It is recognized that additional�,parties
rather than the original parties, array wish to join OCHFT. The Cocaraty a5f Orange and
any Orange County city ivay become a party to OCHFT upon such terms and.
conditions as established by the F3oard of Directors. An arrange County city shall
become a party to OCHFT ks , they adoption by the city council of this Agreement and
the execution ofaa written as dendum thereto agreeing to the term of this
Agreement and agracing to tiny additional terms and conditions that may he
established by the Hoard of Directors.
(b)' ` lithdrawal Lam QCl F1. Parties may withdraw f •om OCHFT at ally
time upon their governing board's adoption of resolution that so states the paarty`s
intent to leave OCHFT. The withdrawal of any party, either voluntary or
involuntary, unless otherwise provided by the Ban rd of Directors, shall be
conditioned as follows:
(1) In the cage of to 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 ^erode of the Board of
Directors, withdrawal shall result in the forfeiture of that party's rights and claims
relating to distribution of property and fiends upon termination of OCHFT asset
forth in Section 2 above,.
Seetio n 11. Notices.
Notices required or permitted hereunder shall be suff dent1�r given if made in
writing and delivered caither pea -tonally cat by registered car ccrtilied mail, postage
pre aid, to the persons and entities. listed herein at the fallowing addresses, or to
such other address as may be designated to 0CHF"T for formal notice:
Resolution No. 2019-035
Page 13 of 16
(a) County of orange:
Santa. Ana, California
)
Community Development Agency of the City of Santa Ana
Housing Manager
20 Civic Venter Plaza -2
P.O. Box 1988
Santa Ana, California 92702
'With a copy to:
Office of the City Attorney
City of Santa Ana
24 Civic Center Plaza, 7th Floor (M-29. )
Santa Aria, California 92702
Section 12. Miscellaneous.
(a) Section I tidings. The section headings herein arm for convenience
onikv and are not to be construed as modify-ing or governing or in any manner
affecting the scope, meaning or intent of the provisions or Sang -cage of this
Agreement.
(b) P=t a rat . This Agreement tins be executed in any number of
counterparts. ea a ,ti of Diu at m shall be doomed to a an original, but all together shall
constitute but one and the same Agreement.
(c) haws Cloverning. This Agreement is made in the State of California
under the Constitution and laws of such State and shall be construed end enforced
in accordance with the laws of California,
(d) Severabilaty. Should an part, terra., portion or provision ofthis
Agreement, or the application thereof to a ny person or circumstance, be held to be
10
Resolution No. 2019-035
Page 14 of 16
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 intendedto outer into in the first
instance.
(e) uc essors. This Agreement shall be binding upon and shall inure to
the benefit o£ t e successors of the respective Parties hereto. No party may assign
any right or obligation hereunder without the written consent of a majority of the
otter Parties.
IN WITNESS THEREOF, the panties hereto have caused this Agiramont to
be executed and attested by their duly authorized, officers as of the date first alcove
written.
COUNTY OF ORANGE, a ppolitical
subdivision of the State of Cali%rn a
Dated. P�:
Claairxnan of the Board of Supervisors
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIV' RE4 D TO THE CHAIRMAX OF
THE 130AIID
Clark of the Board of Supervisors
County of Orange, Califbrnia
NOTICE TO COUNTY OF € RANGE
TO BE GIVE NTO:
FRANK KIM
COUNTY EXECUTIVE OFFICER
lfr Civic Center Plaza
SAN' TA ANA, CA 92702-4062
APPROVED AS TO Pt.3PiM:
LON PACE
COUNTY COUNSEL
By:
Dated.
11
Resolution No. 2019-035
Page 15 of 16
NormaMitre
Acting Clerk of the Council
Sonia a o
City Attorney
i. sa Nn
Assistant City Attorney
dt 5
Steven. A. Mendoza
Executive Director
Community Development Agency
12
Resolution No. 2019-035
Page 16 of 16
CITY OF SANTA ANA
Kristine Ridge
City Manager