HomeMy WebLinkAbout08 JOINT EXERCISE OF POWERS AGREEMENT WITH THE OC HOUSING FINANCE TRUSTAGENDA REPORT
MEETING DATE: MAY 7, 2019
Agenda Item 8
Reviewed:
City Manager
Finance Director
TO: MATTHEW S. WEST, CITY MANAGER & HOUSING AUTHORITY
EXECUTIVE DIRECTOR
FROM: TUSTIN HOUSING AUTHORITY
SUBJECT: JOINT EXERCISE OF POWERS AGREEMENT WITH THE
ORANGE COUNTY HOUSING FINANCE TRUST
SUMMARY
Adopt City Council Resolution 19-21, authorizing the City of Tustin to enter into a Joint
Exercise of Powers Agreement ("JPA") with the Orange County Housing Finance Trust
("Trust").
RECOMMENDATION
It is recommended the City Council take the following actions:
1. Find that this action is not subject to the California Environmental Quality Act
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because this action will not result in a physical change to the environment, directly
or indirectly; and
2. Adopt City Council Resolution No. 19-21 relating to participating in the Orange
County Housing Finance Trust via the City's execution of the Joint Exercise of
Powers Agreement which implements the Trust's shared powers and activities.
FISCAL IMPACT
There is no fiscal impact related to this item; however, as the Trust becomes
operational, there is a likelihood that the City or City -supported affordable housing
projects could receive funding from the Trust which may or may not be included in the
City budget.
Additionally, while the County of Orange will provide a year's worth of start-up staffing
costs for the Trust, the Trust Board may later ask for the City to contribute pro -rata
support of any Trust administrative activities should State, County, or other funds not
cover those costs.
Agenda Report - Orange County Housing Finance Trust
May 7, 2019
Page 2
CORRELATION TO THE STRATEGIC PLAN
Strategic Plan Goal A involves enhancing the
neighborhoods and areas of the community. The
strategies of creating affordable and workforce
homelessness.
BACKGROUND
vibrancy and quality of life in all
JPA with the Trust supports Goal A
housing options and addressing
As the Orange County region's housing prices have risen and the quantity of units have
not kept up with demand, Orange County's cities have seen an increase in persons
experiencing homelessness. The Orange County Housing Finance Trust was meant to
increase funding available to a portion of the housing solutions to homelessness — the
part at the end of the housing continuum, where a homeless person has been stabilized
enough to live in his or her own apartment (or with others) but requires some onsite
services to do so ("supportive housing").
Attachments 2, 3 and 4 provide a more detailed background about homelessness and
supportive housing in Orange County, the 2019 Orange County Point In Time Count,
and Assembly Bill ("AB") 448 and the Orange County Housing Finance Trust. The
areas delineated by Service Planning Areas ("SPA") are shown in Attachment 6.
If adopted by the Council, the attached Resolution would allow the City to participate in
the Orange County Housing Finance Trust. That means that the City would agree to
share the power of providing funding for housing — especially supportive housing — with
other members of the JPA. Recent actions at the State level to provide more funding
for housing has led to several billions of dollars becoming available for eligible efforts
and projects statewide.
The Purpose of the Trust.
The Trust is envisioned to provide a stronger, unified voice for the Orange County
region to secure the region's share of State and other funds (including private grants) to
help address longer-term housing for persons formerly homeless. Public funds include
Proposition 1 funds, SB 2 funds, and Community Development Block Grant funds.
As initially envisioned, supportive housing developers would go hand-in-hand with a city
to the Trust's governing board to apply for a portion of the Trust's funds. The Trust is
not envisioned to build projects, own projects, manage projects, nor place projects in
cities which did not apply for them. The Trust cannot require member cities to take a
Agenda Report — Orange County Housing Finance Trust
May 7, 2019
Page 3
share of any allocation of supportive housing units, nor provide funds to allocate. The
Trust governing board would determine whether a project application is worthy of
funding from the Trust.
The Terms of the Proposed Joint Powers Agreement
The JPA sets forth the powers — generally to fund affordable and supportive housing
projects — that the member cities and County would share. It sets forth the Governing
Board as follows:
• Four representatives from the County of Orange, all elected officials (including
two members of the Board of Supervisors) and placed on the Trust Governing Board by
the Orange County Board of Supervisors.
• Five representatives from cities, as follows:
• One city council member for the city member with the greatest population
in the North Service Planning Area (see Attachment 6 for the SPA map).
• One city council member for the city member with the greatest population
in the Central SPA.
• 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. (Note: in the Trust's
proposed bylaws, these two city representatives are reserved as follows: one for
a medium-sized city [60,000 to 95,000] and one for a small city [up to 60,000 in
population]).
• An ex -officio advisory board to the Governing Board is envisioned, including 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.
In addition to the above regarding the Governing Board, the JPA document expresses
that:
• The Trust can have staff level assistance, but such assistance shall come from
contractors.
• Members of the Trust can leave at any time on six (6) months' notice.
Agenda Report — Orange County Housing Finance Trust
May 7, 2019
Page 4
Members of the Trust cannot have, as a condition of membership, a requirement
to provide any number of housing units;
• The Trust shall have an annual report to maximize transparency; and
• 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 is required.
The nine -member Board means that many cities who are Trust members will not have a
seat on the Governing Board. However, all parties are intended to have a seat at the
table in terms of discussions, debates, and project by project reviews.
Draft Bylaws
In November and December of 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. The draft bylaws are
included as Attachment 5. The draft bylaws, among other things, set forth more
specificity as to the Governing Board (in terms of population), meeting requirements,
and a conflict of interest section.
The reason that the draft bylaws may differ slightly from the language in the JPA is
because the JPA Governing Board may, over time, decide to adjust the population
numbers shown with some specificity in the draft bylaws. Changing the bylaws is
simpler than changing the JPA document, as the latter requires a full recirculation and
new approvals by every Trust member agency.
What are the Advantages and Disadvantages of Joining the Trust
Advantages — Trust member cities can participate in the region's solutions to
homelessness, without any commitment of units or allocations of that city's funding for
Trust projects, though there may be a commitment to help support any staff costs for
the Trust after the start-up year. Participating in the Trust helps a city without an active
housing function participate (voluntarily) in providing more funding for housing in their
communities and region — without necessarily having to compete against more qualified
or experienced applicants.
Disadvantages — Participation in any JPA comes with additional staff time commitment
and possibly the additional commitment of elected officials, and that some cities will feel
more comfortable seeking funding for housing projects on their own, using their own
expertise. Further, in the event that Trust administrative costs are not covered by grant
and other funds (as is the intent and goal), members of the JPA may be asked to cover
all or a portion of administrative costs on a pro -rata basis.
Agenda Report — Orange County Housing Finance Trust
May 7, 2019
Page 5
The Other Orange County Housing Trust
The Orange County Housing Trust ("OCHT") is an existing but older trust that was
recently re -energized by the Orange County Business Council ("OCBC"). The OCHT is
governed by private sector individuals, and primarily intended to receive private
donations. The Orange County Housing Finance Trust, alternatively, is oriented
towards public dollars but can accept private donations.
Because AB 448 directed that all governing board members of the Orange County
Housing Finance Trust be elected officials, some in the private sector saw that as a
downside, and wanted to focus on their own trust vehicle. OCBC representatives have
said that the two trusts will and should work together closely to fund projects.
Next Steps
The County of Orange has taken the first step to become a member of the Trust by
Board action on March 12, 2019. The cities of Fullerton, Buena Park, and Laguna
Beach have also joined. Six cities have tentative dates for Council consideration in April
and May. As additional cities join, the City Selection Committee will appoint the City
representatives to the Trust's governing board.
Once the Governing Board is named, an initial meeting of the Governing Board, to
which any Trust member and members of the public are invited, will direct the start of
operations. The County of Orange has pledged that County staff will assist in staffing
the Trust for the first year of the Trust's operations.
Tustin, if it joins, would participate in the initial meeting(s) where staffing, budget, and
State bond and other funding approaches are developed. It is envisioned that the first
applications for project funding may come before the Trust in Fall 2019.
ENVIRONMENTAL REVIEW
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
Agenda Report — Orange County Housing Finance Trust
May 7, 2019
Page 6
Staff recommends that the City Council adopt the attached Resolution No. 19-21,
authorizing the Mayor to execute the JPA, and therefore becoming a member of the
Orange County Housing Finance Trust. Staff is available for questions.
ohn uchanan Jerry Craig
I -Di or of Economic Development Deputy Dire r of sono is Development
Tustin Housing Authority Tustin Ho ing t ' y
Attachments:
1. Resolution No. 19-21
Exhibit 1 — Joint Exercise of Powers Agreement
2. Additional Information About Homelessness, Supportive Housing and More
3. 2019 Orange County Point In Time Count
4. Assembly Bill 448
5. Draft Bylaws for the Orange County Housing Finance Trust
6. Service Planning Areas Map
ATTACHMENT: 1
RESOLUTION NO. 19-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN
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 6,800 people as of the 2019 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 can afford 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 while providing services that are necessary to
successfully help the individual stay 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, that legislation, Assembly Bill (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 Tustin desires to join the Orange County Housing Trust by
authorizing the Mayor of Tustin 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 Tustin 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
RESOLVED by the City Council of the City of Tustin 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
RESOLVED by the City Council of the City of Tustin 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
RESOLVED by the City Council of the City of Tustin that it authorizes Mayor
Charles E. Puckett to execute the Joint Powers Agreement on the City's behalf.
Resolution 19-21
Page 2 of 3
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 7th day of May, 2019.
CHARLES E. PUCKETT
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
STATE OF CALIFORNIA )
ORANGE COUNTY )
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and forgoing Resolution No. 19-21 was duly
passed and adopted at a regular meeting of the City Council of the City of Tustin, held on
May 7, 2019, by the following vote:
BOARDMEMBER AYES:
BOARDMEMBER NOES:
BOARDMEMBER ABSTAINED:
BOARDMEMBER ABSENT:
ERICA N. YASUDA
CITY CLERK
Resolution 19-21
Page 3of3
Exhibit 1
JOINT EXERCISE OF POWERS AGREEMENT
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.
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) Specific Powers. Without limiting the generality of the powers
conferred in subdivision (a) of this Section 3, OCHFT is hereby authorized, in its
own name, to do all of the acts necessary or convenient to the accomplishment of the
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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;
(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 hereof. Only the County of Orange and cities within the
County of Orange may be a party to this Agreement and a member of OCHFT.
Section 5. Board of Directors
(a) Selection of Directors. OCHFT shall be governed by a Board of
Directors consisting of nine Directors selected as follows:
(1) Two members of the Board of Supervisors of the County of
Orange selected by the Board of Supervisors.
(2) Two countywide elected officials selected from the following six
Orange County elected officials: Assessor, Auditor -Controller, Clerk -Recorder,
District Attorney -Public Administrator, Sheriff -Coroner, and the Treasurer Tax -
Collector by the Board of Supervisors of the County of Orange.
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(3) One city council member for the city member with the greatest
population in the North Region Service Planning Area as depicted in Exhibit A.
(4) One city council member for the city member with the greatest
population in the Central Region Service Planning Area as depicted in Exhibit A.
(5) One city council member for the city member with the greatest
population in the South Region Service Planning Area as depicted in Exhibit A.
(6) 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 Officer, a
representative from law enforcement, and a representative from a housing
authority.
(d) Compensation. Members of the Board shall serve without
compensation but shall be entitled to 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) Meetings of the Board of Directors.
(1) Call, Notice and Conduct of Meetings. All meetings of the Board
of Directors, including without limitation, regular, adjourned regular, special
meetings and adjourned special meetings, shall be called, noticed, held and
conducted in accordance with the provisions of the Ralph M. Brown Act.
(2) Regular Meetings. Regular meetings of the Board of Directors
shall be held at such dates and times as the Board may fix by resolution from time
to time. If any day so fixed for a regular meeting shall fall upon a legal holiday, then
such regular meeting shall be held on the next succeeding business day at the same
hour. No notice of any regular meeting of the Board of Directors need be given to
the individual Directors.
(3) Special Meetings. Special meetings of the Board of Directors
shall be held whenever called by the Chairperson of the Board or by a majority of
the Directors.
(4) Quorum. A majority of the seated members 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
decision done or made by a majority of the Directors present at any meeting at
which a quorum is present shall be the act of the Board of Directors.
(5) Minutes. The Board of Directors shall keep minutes of all
regular, adjourned regular, and special meetings, and shall, as soon as possible
after each meeting, cause a copy of the minutes to be forwarded to each Director
and to the Parties.
(6) Officers. The Board of Directors shall elect a chairperson and a
vice chairperson from among its members at the first meeting held in each fiscal
year. In the event that the chairperson or vice chairperson so elected ceases to be a
Director, the resulting vacancy shall be filled at the next regular meeting of the
Board of Directors held after such vacancy occurs or at a special meeting called for
that purpose. In the absence or inability of the chairperson to act, the vice
chairperson shall act as chairperson. The chairperson, or in the chairperson's
absence, the vice chairperson, shall preside at and conduct all Board of Director's
meetings.
(7) Rules and Regulations. The Board of Directors may adopt, from
time to time, by resolution, such rules, regulations and bylaws for the conduct of its
meetings and affairs as the Board determines is necessary or convenient.
Section 6. Additional Officers and Employees
(a) Officers and Contract Staff.
(1) OCHFT may contract with a Party to this Agreement for officers
and staff pursuant to Section 6, subdivision (d), or retain independent contractors,
agents, or volunteers as the Board of Directors may deem necessary to carry out any
of OCHFT's powers, upon such terms and conditions as the Board may require,
including the retaining of professional and technical assistance, provided that
adequate funds are available in OCHFT's budget and are appropriated by OCHFT
therefore.
(2) None of the officers, agents or staff, if any, directly contracted
by OCHFT shall be deemed, by reason of their roles or duties or contracted status,
to be employed by the Parties.
(b) Treasurer and Auditor/Controller. Pursuant to Government Code
Sections 6505.5 and 6505.8, the Board of Directors shall appoint an officer or
employee of OCHFT, an officer or employee of a public agency that is a Party to this
Agreement or a certified public accountant to hold the offices of treasurer and
auditor for OCHFT. Such person or persons shall possess the powers of and shall
perform the treasurer and auditor functions for OCHFT required by Sections 6505,
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
I
official bond required herein. The premiums on any such bonds attributable to the
coverage required herein shall be an appropriate expense of OCHFT.
(c) Attorney. The Board of Directors shall have the power to appoint one
or more legal advisors to OCHFT who shall perform such duties as may be
prescribed by the Board. The County Counsel of the County shall be OCHFT's
counsel unless and until the Board of Directors appoints other counsel to serve such
function.
(d)
Administrative Services and Reimbursement of Costs.
(1) The Board of Directors may contract with a Party to this
Agreement to provide necessary administrative services to OCHFT, including the
services described in Section 6, subdivisions (a), (b) and (c). The amount charged by
the Party to provide such services to 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 1st day of July of each year
and shall end on the 30th day of June of the next succeeding year except that the
initial Fiscal Year of OCHFT shall commence on the effective date of this
Agreement and end on the immediately following 30th day of June.
(b) Bum.
(1) General Budget. Within one hundred and twenty days (120)
after the first meeting of the Board of Directors, a general budget for the first fiscal
year shall be adopted by the vote of a majority of all of the Directors. The budget
shall distinguish between administrative costs (i.e., the cost of operating OCHFT)
and Program costs (i.e., the financing of the programs funded or sponsored by
OCHFT). Thereafter, at or prior to the last meeting of the Board of Directors for
each fiscal year, a general budget shall be adopted for the ensuing fiscal year or
years by a vote of at least a majority of all of the Directors of the Board.
(2) Expenditures for the Approved Budget. The payment of all
OCHFT obligations is limited to the amount of appropriations allowed in OCHFT's
approved budget, except as it may be revised with the approval of a majority of all
of the Directors of the Board of Directors.
7
(c) Contributions by the Parties.
(1) Administrative Cost 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 each Party and shall be made
available to the public.
(3) Annual Financial Report. Pursuant to section 6539.5 of the
Government Code, OCHFT shall publish an Annual Financial Report that shall
describe the funds received by OCHFT and the use of such funds by OCHFT. The
Annual Financial Report shall describe how the funds received by OCHFT have
furthered the purpose of OCHFT.
(e) Funds. Subject to the applicable provisions of any instrument or
agreement which OCHFT may enter into, which may provide for a trustee or other
fiscal agent to receive, have custody of and disburse OCHFT funds, the person
appointed by the Board of Directors to perform the treasurer function for OCHFT
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.
Section S. Amendments and Additional Parties.
(a) This Agreement may not be amended or modified except by a vote of
two-thirds of all of the Parties through formal action approving such an amendment
by the Parties' respective governing bodies.
(b) No addition to, or alteration of, the terms of this Agreement, whether
by written or oral understanding of the parties, their officers, employees or agents,
shall be valid or effective unless made in the form of a written amendment which is
formally adopted and executed by the Parties in the same manner as this
Agreement.
Section 9. Non -Liability for Obligations of OCHFT.
The debts, liabilities and obligations of OCHFT shall not be the debts,
liabilities and obligations of any of the Parties or personal debts, liabilities and
obligations of the Directors, officers or employees of OCHFT; provided that a Party
may, by an agreement separate from this Agreement, contract for, or assume
responsibility for, specific debts, liabilities, or obligations of 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:
M
(a) County of Orange:
Santa Ana, California
(b) City of
Section 12. Miscellaneous.
(a) Section Headings. The section headings herein are for convenience
only and are not to be construed as modifying or governing or in any manner
affecting the scope, meaning or intent of the provisions or language of this
Agreement.
(b) 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 Governing. This Agreement is made in the State of California
under the Constitution and laws of such State and shall be construed and enforced
in accordance with the laws of California.
(d) Severability. Should any part, term, portion or provision of this
Agreement, or the application thereof to any person or circumstance, be held to be
illegal or in conflict with any law of the State of California, or otherwise be rendered
unenforceable or ineffectual, it shall be deemed severable, and the remainder of this
Agreement or the application thereof to other persons or circumstances shall
continue to constitute the agreement the Parties intended to enter into in the first
instance.
(e) Successors. This Agreement shall be binding upon and shall inure to
the benefit of the successors of the respective Parties hereto. No party may assign
any right or obligation hereunder without the written consent of a majority of the
other Parties.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to
be executed and attested by their duly authorized officers as of the date first above
written.
COUNTY OF ORANGE, 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
IN
Dated:
11
"CITY"
DATED: CITY OF TUSTIN
APPROVED AS TO FORM
:•
DAVID E. KENDIG,
CITY ATTORNEY
CHARLES E. PUCKETT
MAYOR
ATTEST
12
ERICA N. YASUDA,
CITY CLERK
ATTACHMENT: 2
Additional Information about Homelessness, Supportive Housing, and more
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:
A homeless individual is... "an individual who lacks housing (without regard to whether the individual is a
member of a family), including an individual whose primary residence during the night is a supervised
public or private facility (e.g., shelters) that provides temporary living accommodations, and an
individual who is a resident in transitional housing."
A homeless person is an individual without permanent housing who may live on the streets; stay in a
shelter, mission, single room occupancy facilities, abandoned building or vehicle; or in any other unstable
or non -permanent situation.
An individual may be considered to be homeless if that person is "doubled up,"... where individuals are
unable to maintain their housing situation and are forced to stay with a series of friends and/or extended
family members. In addition, previously homeless individuals who are to be released from a prison or a
hospital may be considered homeless if they do not have a stable housing situation to which they can
return. A recognition of the instability of an individual's living arrangements is critical to the definition of
homelessness.
From the US Department of Housing and Urban Development:
Homelessness is where (1) an individual or family lacks a fixed, regular, and adequate nighttime
residence, meaning: (i) Has a primary nighttime residence that is a public or private place not meant for
human habitation; (ii) Is living in a publicly or privately operated shelter designated to provide temporary
living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for
by charitable organizations or by federal, state and local government programs); or (iii) Is exiting an
institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place
not meant for human habitation immediately before entering that institution.
Some persons are chronically homeless, meaning that they have a disabling condition and have been
homeless (sheltered or unsheltered) 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):
Table 3: Relationship of County Population to Homeless Population
Total
Population'
Homeless
Population
Percent of
TOW
2013 Count 3,090,132
4,251
0.14%
2015 Count 3,145,515
4,452
0,14%
2017 Count 3,194,024
4,792
0.15%
And while the homeless population has grown moderately, the growth (again, via the 2017 Count) came
from persons outside of any shelter:
2013
% of Total
2015
% of Total
2017
% of Total
% change
2015-2017
Sheltered 2,573
61%
2,251
51%
2,208
46%
-2%
Unsheltered 1,678
39%
2,201
49%
2,584
54%
17%
Total 4,251
100%
4,452
100%
4,792
100%
8%
Mi
As a result, cities and city residents were experiencing greater numbers of visible homeless - on streets
and medians, under overpasses, along riverbeds and storm drain channels, and in parks and other
facilities.
The 2017 PIT also allowed us to compare trends in homelessness across Southern California. As the
below chart shows, the count of homelessness in January 2017 appears to show an increase in Orange
County (and in the cities of LA and San Diego) even as it went down elsewhere:
COC
Population
2015 PIT
2016 PIT
2017 PIT
2015-2017%
Change
Los Angeles
9,416,024
41,174
43,854
55,188
34.0%
San Diego
3,316,192
8,742
8,669
9,116
4.3%
Orange
31194,024
4,452
4,319
4,792
7.6%
Riverside
2,384,753
2,3.72
2,165
2,406
1.4%
-13.2%
San Bernardino
2,160,256
2,149
1,887
1,866
Ventura
857386
1,417
1,271
1,152
-18.7%
Long Beach
480,173
2,345
2,250
1,863
-20.6%
Pasadena
1 143,333
1 632
j 530
j 575
1 -9.0%
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.
Current Living Situatiori
sheltered*
Z013
2015
2017
ON Change
Total Chronically Homeless Individuals
As a % of homeless persons
797
19 M3
558
11%
s93
19
r0..:
Current Living Situatiori
sheltered*
%
16%
#
"%
20%
#
%
32%
I % Change
12d
111
284
156%
Unsheltered
6�
8496
1 447
1 80%
1 609
1 68%
36%
Even in 2017, the county still had 405 homeless veterans among us, including 127 veterans defined as
chronically homeless.
Chronically Homeless
VeteransChronically
Persons
tt tt
Sheltered* 4,9 12 25%
Unsheltered 357 '11. 32%
Total 405 127 31%
The Costs of Homelessness. Orange County United Way, Jamboree Housing, and UCI conducted a study
("United Way-UCI Study") in 2017 (full study at www.unitedwayoc.org/resources) based on 2014/2015
data that attempted to quantify the per dollar costs of each homeless person — including costs to
hospitals, to law enforcement, to other municipal services, to social services providers, to facilities like
shelters, and more. Their hypothesis was that it likely cost more to allow people to remain on the streets
than to move them into housing.
Key findings of the United Way-UCI Study included that $299 million was spent to address homelessness
in Orange County by government and non-governmental agencies for 12 months encompassing
2014/2015. Of this amount:
• $120 million was spent by municipalities
• $77 million was spent by hospitals
• $62 million was spent by the County of Orange
• Non-governmental agencies spent $35 million
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 supportive housing ($43,184) and those who
are chronically street homeless ($98,199).
• For the chronically homeless who are the most frequent users of services, those 10% of the
chronically homeless cost $439,787 per person per year when on the street, but only $55,332 per
person per year when in supportive housing.
• If all of Orange County's chronically homeless were placed in supportive housing, the region would
save about $42 million a year.
About Supportive Housing. As noted, the concept of supportive housing is intended to provide long-
term housing (such as an apartment or shared unit or similar) to a homeless person (typically chronically
homeless), as that person is likely unable to remain in housing without some daily (or near daily)
assistance in terms of social services, mental heath care, or similar. Thus, supportive housing allows
individuals and families to remain in their own apartment, but a qualified service provider is onsite or
nearby to ensure that the individual or family is taking the steps needed and getting the care they need
to remain housed.
Supportive housing is most geared towards those chronically homeless. Persons who are not chronically
homeless often can benefit from more typical (and less costly) affordable housing, Section 8 programs
(rental assistance), rapid -rehousing (short-term housing to allow someone to quickly get back on their
feet after a homeless experience) or transitional housing (medium-term housing that can help a person
re-establish their societal footing with a job or job training for 2-24 months).
Efforts to Promote Supportive Housing in Orange County. In 2017 and 2018, policy makers around the
county started discussing a goal of providing up to 2,700 units of supportive housing across the region.
The number was developed in part from data from the 2017 Point in Time Count. While some entities
discussed breaking down the entire 2,700 and assigning a population -based share to each community, a
more achievable goal may be to use the 2,700 -unit number as a stretch target across the region. Not
every city will have the desire to site supportive housing or the sites for it.
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 build financing like filling a cup,
starting with the most straightfoward funding first:
1. Seeking a lender to provide a mortgage, with the mortgage backed by anticipated rental income.
Because the rental income from an affordable project is lower than that of a market -rate project,
the mortgage amount is too low to construct a full project on its own.
2. Some owner's equity. Whereby an initial dollar amount is allocated to the project by a landowner or
developer. In a municipality's case, this can sometimes be providing "free" land for the project.
3. Project -based Section 8 Vouchers. A local housing authority (there are four in Orange County: the
County of Orange and the cities of Santa Ana, Anaheim, and Garden Grove) may assign a number of
rental assistance vouchers to a specific project. In other words, the Authority will say that 20-25
persons in the future housing project will always have Section 8 housing vouchers and the developer
can use those in the developer's financing. Rental assistance vouchers for veterans (VASH Vouchers)
can also be used in this manner, for projects which house veterans.
4. Low Income Housing Tax Credits (LIHTC). This Federal program, begun in 1986 and made
permanent in 1993, allows an investor to receive a dollar -for -dollar 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.
5. State General Fund or Bond Fund Revenues. California has recently added to its resources available
to address affordable and supportive housing, including November 2018's:
a. Proposition 1 ($4BN for affordable housing, with $3BN of that for projects and programs
and $1BN to improve access to home loans for veterans). Proposition 1 includes a specific
amount ($300M) just for qualified housing trusts; and
b. Proposition 2. Prop 2 clarified that existing "Millionaire's Tax" money — also referred to as
Mental Health Services Act or MHSA funds — can be used to develop housing when the
persons housed have 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
donations.
Cities could also provide general fund allocations to the Trust should they choose. The County of Orange
has discussed ensuring that the County's Proposition 2/MHSA funds (estimated at up to $70M) would be
made eligible for Trust -funded projects, but because of funding constraints, the MHSA funds would not
literally be placed in the Trust.
OF
SIE RYO N E
C�UNTS�
2019 POINT IN TIME
� SUMMARY
OF O
ERYONE TABLE C
� Al
CONTEN
Fo� Cr
UNTS
2019 POINT IN TIME COUNT TOTALS
SHELTERED COUNT
UNSHELTERED COUNT
UNSHELTERED SUBPOPULATIONS & DEMOGRAPHICS
SHELTER INVENTORY & HOUSEHOLD STATUS
COMMUNITY TIES: UNSHELTERED ADULTS
COMMUNITY TIES: UNSHELTERED ADULTS
HOW ORANGE COUNTY IS ADDRESSING HOMELESSNESS
2019 POINT IN TIME COUNT: CITY BY CITY
04.24.19
3
4
kA d 0
0
11
0
2019 POINT IN TIME COUNT F 'fTHE NUMBERS
North: 2,765 Individuals
Central: 3,332 Individuals
Individuals
South: 763 Individuals
SUBPOPULATIONS
311
VETERANF
Individuals who served in the U.S. Armed
Forces, National Guard or Reserves
271
677
TRANSITIONAL '%ENIe0S
AGED YOUTH Individuals ages 62 and older
Individuals ages 18 to 24
METHODO...JGY
The U.S. Department of Housing and Urban Development (HUD) requires that
all Continuum of Care jurisdictions across the nation complete a biennial unsheltered
count and an annual sheltered count of all individuals experiencing homelessness in
the community on a single point in time during the last ten days of January.
Orange County's 2019 Sheltered Point In Time Count took place the night of
Tuesday, January 22, 2019. Emergency Shelters and Transitional Housing Programs
collected client -level demographic information from individuals and families staying
the night in each program. The 2019 Unsheltered Count process took place over two
days, Wednesday, January 23 and Thursday, January 24, to ensure the 800 square
mile County jurisdiction was canvassed effectively. The change in methodology
allowed the count teams to collect unique ID data points that were used to deduplicate
records for the two day street count process. The survey data was collected with
ArcGIS Survey 123, a phone application that captures GIS locations and provides
vital information that guides the way the County responds to homelessness in Orange
County. The results for the 2019 Everyone Counts process provide the most accurate
data on the scope of homelessness in the County. Because of this improved process,
methodology and data quality from the use of GIS technology, Orange County's
2019 Point In Time Count results ensure that Everyone Counts.
04.24.19
no
b
VETERANS
Individuals who served in the U.S.
Armed Forces, National Guard
or Reserves
117
TRANSITIONAL
AGED YOUTH
Individuals ages 18 to 24
255
SENIORS
Individuals ages 62 and older
��i
J
rl
•
•
2,899
SHELTERED TOTAL
THANK YOU TO ALL THOSE INVOLVED
• Hub for Urban Initiatives - HUD methodology and survey tool design
• City Net - lead agency for unsheltered count
• 2-1-1 Orange County - lead agency for sheltered count
• County of Orange - including Health Care Agency, Social Services Agency,
OC Community Resources, OC Parks, OC Public Works and OC Information &
Technology
• Continuum of Care Agencies
• Nonprofit and faith -based service providers
• 34 Cities and law enforcement agencies
• Community volunteers from every part of our county
04.24.19
3,g61
UNSHELTERED TOTAL
212
VETERANS
Individuals who served in the U.S.
Armed Forces, National Guard
or Reserves
154
TRANSITIONAL
AGED YOUTH
Individuals ages 18 to 24
422
SENIOR'
Individuals ages 62 and older
MAPS & VOLUNTEEk.
1 �� Community volunteers, nonprofit and faith -based
service providers including representatives from law
enforcement, all 34 cities and County government.
244 Field teams of volunteers deployed into the
community to canvas maps and survey people
experiencing homelessness.
239 Maps were canvassed at least twice during the
2019 Point In Time Count effort.
At
04.24.19
ERYC
•�LIFOR�
*Some individuals may identify with more than one subpopulation
CHRONIC HOMELESSNESS
,� 1.98
1,932 Individuals
SUBSTANCE USE ISSUES
31.90%
1,223 Individuals
................................................................................. .
PHYSICAL DISABILITY --"-80%
1,145 Individuals
................................................................................. .
MENTAL HEALTH ISSUES E 26 n -f%
984 Individuals
................................................................................. .
DEVELOPMENTAL DISABILITY 13.7?%
510 Individuals
................................................................................. .
DOMESTIC VIOLENCE 94 = 11%
356 Individuals
................................................................................. .
HIV/AIDS 18%
38 Individuals
3,717 ADULTS
04.24.19
ERYC
•`I LIFOg�
EMERGENCY SHELTERS INVENTORY TRANSITIONAL HOUSING INVENTORY
# OF BEDS IN 2017 - 11149 # OF BEDS IN 2017 - 11166
# OF BEDS IN 2019 - 2,539 # OF BEDS IN 2019 - 1,135
"�o Chimmwic: +120.97% % CHANwc: -2.65%
average occupancy in 2019 average occupancy in 2019
................................................:................................................
HOUSEHOLD STATUS
04.24.19
Unshelterec.
Sheltered •
Population
Description
(3,961)
(2,899)
Individuals
Individuals ages 18+
3,562
1,734 ' •
110 FAMILIES
356 FAMILIES
Households with at
396 persons in
1,154 persons in •
Families
least one adult and
households:
households: •
one child
152 Adults
432 Adults • •
244 Children
722 Children ' • • •
Minors (17 and
Unaccompanied
younger without
3
11
Youth
parent/guardian)
04.24.19
OF
�LjFOR-
•
REPORTED CITY WHERE MOST TIME SPENT WHILE HOMELESS
City in North Service Planning Area
828 Individuals (39%)
City in Ce -6-1 ce._,:.e o1 --- ing Area 800
900 Individuals (42%)
700
City in Soui.- _ _ __ - +ning Area
244 Individuals (11%) 600
County Unincorporated 500
5 Individuals (.002%)
400
Outside Orange County
45 Individuals (2%) 300
'2 %
O
In Orange County
Outside California 200
12 Individuals (1%)
Did Not Answer 100
112 Individuals (5%) 0
North Service Central Service South Service County Outside Outside Did Not
Planning Area Planning Area Planning Area Unicorporated Orange County California Answer
................................................................................................ .
700
600
500
400
300
REPORTED CITY OF LAST PERMANENT ADDRESS
% O
In Orange County
200
100
0 ink di
North Service Central Service South Service County Outside Outside
Planning Area Planning Area Planning Area Unicorporated Orange County California
Did Not
Answer
Q04.24.19
City in North Service Planning Area
663 Individuals (31%)
City in Central Service Planning Area
682 Individuals (32%)
City in South Service Planning Area
202 Individuals (9%)
County Unincorporated
12 Individuals (1%)
Outside Orange County
267 Individuals (12%)
Outside California
186 Individuals (9%)
Did Not Answer
134 Individuals (6%)
III
51aAlff1%
1,108 Individuals
5 1. 7'x %
1,110 Individuals
72.^8%
1,547 Individuals
0
•
HAVE FAMILY IN ORANGE COUNTY
ATTENDING OR HAVE ATTENDED
SCHOOL IN ORANGE COUNTY
CURRENTLY WORKING OR HAVE
EVER WORKED IN ORANGE COUNTY
04.24.19
CURRENT
EMPLOYMENT
STATUS
Unemployed
1,180 Individuals (55%)
Full -Time, P^ -,,-T;-- ce^-^^^11v Employed
480 Individuals (22%)
k�.. A
380 Individuals (18%)
Did Not Answei
106 Individuals (5%)
ERYC
•UN`I LIFOg�
:OUNTY OF ORANGE: SYSTEM O' ",ARF
What is the "System of Care" and why does it matter in addressing homelessness?
The System of Care is a collaboration of multiple County and local government entities who bring all their
resources together to provide customized care to the individual. It is about care of the individual, not just
achieving program benchmarks.
The County of Orange has five components to its System of Care with programs that can be customized to
Fit the needs of the individual and help prevent them from becoming homeless or help them find a home.
9
W Ak
0 0 0 0
'n'Fn n
FO
BEHAVIORAL HEALTH
• Outreach and Engagement Teams
• Mental Health and Substance Use Services
• Housing Navigation
• Development of The Wellness Campus on Anita Drive
HEALTHCARE
• Whole Person Care
• Recuperative Care
• Comprehensive Health Assessment Teams — Homeless (CHAT -H)
• Emergency Housing - 701 Year -Round, emergency shelter beds
• Expansion of Housing Assistance Programs
• Housing Funding Strategy
• Housing Finance Trust Fund
• Landlord Incentive Program
�'OMMUNITY CORRECTIONS
• Proposition 47 Re -Entry Center Program
• Stepping Up Initiative
• Collaborative Courts
PUBLIC SOCIAL SERVICES
• Enhanced Outreach for hard -to -reach populations
• Access to Public Benefits
• Countywide expansion - Restaurant Meals Program
• Chrysalis Employment Program
04.24.19
ERYC
•UN`I LIFOg�
CITY
UNSHELTERED
SHELTERED
TOTAL
Anaheim
694
508
1,202
Brea
30
0
30
Buena Park
142
145
287
Cypress
39
0
39
Fullerton
308
165
473
La Habra
45
0
45
La Palma
9
0
9
Los Alamitos
1
21
22
Orange
193
148
341
Placentia
55
108
163
Stanton
71
45
116
Villa Park
0
0
0
Yorba Linda
1
0
1
County Unincorporated
8
0
8
Domestic Violence Programs
NORTH
N/A
29
29
CITY
UNSHELTERED
SHELTERED
TOTAL
Costa Mesa
187
6
193
Fountain Valley
28
14
42
Garden Grove
163
62
225
Huntington Beach
289
60
349
Newport Beach
64
0
64
Santa Ana
830
939
1,769
Seal Beach
8
0
8
Tusti n
95
264
359
Westminster
159
25
184
County Unincorporated
4
31
35
Domestic Violence Pro rams
CENTRAL SERVICE PLANNING AREA
N/A
1,827
104
1,505
104
3,332
CITY
UNSHELTERED
SHELTERED
TOTAL
Aliso Viejo
1
0
1
Dana Point
32
0
32
Irvine
127
3
130
Laguna Beach
71
76
147
Laguna Hills
24
0
24
Laguna Niguel
7
3
10
Laguna Woods
5
0
5
Lake Forest
76
36
112
Mission Viejo
22
9
31
Rancho Santa Margarita
15
0
15
San Clemente
96
49
145
San Juan Capistrano
62
0
62
County Unincorporated
0
0
0
Domestic Violence Pro rams
SOUTH
N/A
49
49
04.24.19
QSTATE OF CALIFORNIA
LCot'N R AUTHENTICATED
&UREAELECTRONIC LEGAL MATERIAL ATTACHMENT: 4
Rpu
Assembly Bill No. 448
CHAPTER 336
An act to add Section 6539.5 to the Government Code, relating to joint
powers.
[Approved by Governor September 11, 2018. Filed with
Secretary of State September 11, 2018.]
LEGISLATIVE COUNSEL'S DIGEST
AB 448, Daly. Joint powers authorities: Orange County Housing Finance
Trust.
Existing law authorizes 2 or more public agencies, by agreement, to form
a joint powers authority to exercise any power common to the contracting
parties, as specified. Existing law authorizes the agreement to set forth the
manner by which the joint powers authority will be governed.
This bill would authorize the creation of the Orange County Housing
Finance Trust, a joint powers authority, for the purposes of funding housing
specifically assisting the homeless population and persons and families of
extremely low, very low, and low income within the County of Orange, as
specified.
This bill would make legislative findings and declarations as to the
necessity of a special statute for the County of Orange.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The County of Orange is in the midst of a fluid and worsening
homelessness crisis. Since 2013, the county has experienced a 53 -percent
increase in the unsheltered homeless population, many 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-term solution to homelessness in the County of
Orange.
(c) The County of Orange and the cities within the county have worked
together to develop an approach under the Joint Exercise of Powers Act
(Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of
Title 1 of the Government Code) to establish and authorize the use of an
Orange County Housing Finance Trust that would not only be responsible
for responding to the homelessness crisis with the development of capital
projects and the acquisition of necessary funds for those projects, but also
93
Ch. 336 —2—
for helping the county respond to the low-income and affordable housing
crisis that the region is experiencing in tandem with the homelessness crisis.
(d) Permanent supportive housing and other services provided to those
within that form of housing is a nationally recognized model for ending
chronic homelessness, and can assist the County of Orange in its response
to the homelessness crisis.
(e) Neither the Orange County Housing Finance Trust nor the act
authorizing the creation of the Orange County Housing Finance Trust do
any of the following:
1 (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) (1) Notwithstanding any other law, the County of Orange
and any of the cities within the County of Orange may enter into a joint
powers agreement pursuant to this chapter to create and operate a joint
powers agency to fund housing to 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.
(2) The joint powers agency created pursuant to this section shall be
known as the Orange County Housing Finance Trust, and shall be created
and operate in accordance with this section.
(b) The Orange County Housing Finance Trust shall be governed by a
board of directors consisting of elected officials representing the County of
Orange and representative cities that are party to the joint powers agreement.
(c) Notwithstanding any other law, the Orange County Housing Finance
Trust may do any of the following:
(1) Fund the planning and construction 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.
(d) The Orange County Housing Finance Trust shall incorporate into its
joint powers agreement annual financial reporting and auditing requirements
that shall maximize transparency and public information as to the receipt
93
-3— Ch. 336
and use of funds by the agency. The annual financial report shall show how
the funds have furthered the purposes of the Orange County Housing Finance
Trust.
(e) The Orange County Housing Finance Trust shall comply with the
regulatory guidelines of each specific state funding source received.
SEC. 3. The Legislature finds and declares that a special statute is
necessary and that a general statute cannot be made applicable within the
meaning of Section 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.
X
93
ATTACHMENT: 5
Draft Bylaws for the OC Housing Finance Trust
(subject to approval by the Trust governing board)
Part 1 — Introduction to the Orange County Housing 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 known as the Orange County Housing
Family Trust, which may do any of the following: (1) fund the planning and construction of housing of all
types and tenures for the homeless population and persons and families of extremely low, very low, and
low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to,
permanent supportive housing; (2) receive public and private financing and funds; and (3) authorize and
issue bonds, certificates of participation, or any other debt instrument repayable from funds and
financing received and pledged by the Orange County Housing Finance Trust.
The OCH FT was established on by the execution of the Joint Exercise of Powers Agreement (the
"Agreement") by and between the Cities of , _ , and (collectively, the "Cities") and the
County of Orange the "County"). These Bylaws were adopted by OCHFT's Board of Directors and
provide for the organization and administration of OCHFT. These By -Laws supplement the Agreement.
OCHFT Guiding Vision and Mission
Following the passage of AB 448, the County of Orange and ACC -OC formed a collaborative working
group to establish the OCHFT. As such, the working group, comprised of elected officials and staff from
both the County and Cities worked to create the guiding vision and mission as follows:
The vision of OCHFT is to provide innovative financial solutions for the humanitarian crisis of
homelessness in our local communities.
lqllbkl
The mission of OCHFT is to strengthen the communities in Orange County by financing the
development of housing for homeless and low-income individuals and families.
1.03 - OCHFT Guiding Principles
The guiding principles of the OCHFT:
• 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, very low, low income, and supportive
housing types and (2) by population.
• Foster collaborative planning to allow for project prioritization and establish a pipeline of projects.
• Provide access to funding to ensure that Orange County receives the maximum benefit for the
resources provided. 1W
• Incorporate County's Coordinated Entry System in conjunction with the cities' locally -driven
protocols to ensure that the developed housing resources has appropriately targeted and prioritized
eligible homeless populations for each project.
Part 2 — Bylaws of the OC Housing Finance Trust
ARTICLE I -Name 4044k
The name of this entity shall be the "Orange County Housing Finance Trust" or "OCHFT" in these Bylaws.
ARTICLE II — Membership and Purpose
Section A: OCHFT Membership
OCHFT is comprised of the County of Orange and the cities have executed OCHFT's Joint Powers
Agreement (see Exhibit _). The Agreement may be amended from time to time, as needed, and is
incorporated herein subject to those amendments.
Section B: Purposes, Functions and Preclusions
The vision of OCHFT shall be to provide innovative financial solutions for the humanitarian crisis of
homelessness in our local communities, in furtherance of OCHFT's mission as stated in Part 1,
Introduction. More specifically, the purpose and functions of OCHFT shall be:
• 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 other 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 the County of Orange.
• Serving as an owner or operator of housing units. AM
• Exercising any authority to levy, or advocate or incentivize the levying of, any fee, charge,
dedication, reservation, tax assessment, or other exaction related to development projects.
• Requiring or incentivizing inclusionary zoning requirements. The power to adopt inclusionary zoning
ordinances remain with the entities that possess land use and planning authority.
• Providing OCHFT funding for a project that is opposed by the elected body (if within an incorporated
area, the City Council, or if in an unincorporated area, the Orange County Board of Supervisors) in
which the project is proposed to be located.
ARTICLE III — Board of Directors
Section A: OCHFT Board of Directors
All members of the Board of Directors must be from a member of the governing board of a party to the
Agreement.
Board of Directors. The nine (9) voting members of the Board of Directors of OCHFT shall be as
described below. Each member shall be entitled to one (1) vote on the Board:
a) County Representatives (4): 1%
i. Two members of the Board of Supervisors of the County of Orange, selected by the Board of
Supervisors; and
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.
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
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 Directors has taken in furtherance of OCHFT's
purpose as expressed in the Agreement:
• One Public Member who also serves on the Orange County Commission to End Homelessness
(or its successor body);
• Three (3) members who are city managers or assistant city managers, whose cities are not
represented on the Board of Directors, with these three members representing cities in each of
the three Service Planning Areas or their successor delineation;
• The Chief Executive Officer of the County of Orange, or his or her designee;
• A police chief (or his or her designee); and
• A city from a Housing Authority in Orange County, which receives Housing Choice Voucher
funding and which is not otherwise represented as a city on the Board of Directors.
All Advisory Board members are entitled to attend all OCHFT regular and special meetings and to fully
participate in such meetings, but cannot vote on project applications or amendments to OCHFT bylaws,
rules, or procedures. 1W -4%
Advisory Board members need not be elected officials.'
Section B: Selection of Advisory Board Members
Appointments to the Advisory Board shall be as follows:
1. The Chair of the Orange County Board of Supervisors, with ratification by a majority of the Board of
Supervisors, shall appoint the representative from the Orange County Commission to End
Homelessness;
2. The Orange County City Managers Association shall select the three City Manager or Assistant
City Manager representatives; and
3. The Orange County Police Chiefs Association shall select the Police Chief representative.
4. The City members of OCHFT shall select a representative from a City member, whose Housing
Authority receives Housing Choice Voucher funding and which is not otherwise represented on the
Board of Directors from votes cast on a one -city -one -vote basis.
Section C: Terms and Vacancies
1. Board of Directors: Terms of office for members of the Board of Directors shall be for two (2)
years. A Board of Director's seat shall be deemed vacant if he or she leaves elected office, or if
his or her appointing body removes him or her. Upon a vacancy, the appointing body shall be
notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.
2. Advisory Board: Terms of office for members of the Advisory Board shall be for two (2) years.
An Advisory Board member's seat shall be deemed vacant if he or she fails to attend three
consecutive regular or special meetings, or if his or her appointing body removes him or her.
Upon a vacancy, the appointing body shall be notified and shall attempt to fill the vacancy
within sixty (60) days of the vacancy occurring.
Section D. Board of Director Officers
The Board of Directors shall select a Chair and a Vice -Chair on an annual basis. Only members of the
Board of Directors may serve as Chair or Vice -Chair. If a County representative is the Chair for any one
period, a City representative shall serve as Vice -Chair. If a City representative is Chair for any one period,
a County representative shall serve as Vice -Chair.
ARTICLE IV — Duties of Officers and Board Members AM
Section A: Duties of the Chair and Vice -Chair A& 1%,
It shall be the duty of the Chair to preside at the meetings of the OCHFT. In the Chair's absence, the
Vice -Chair shall preside at the meetings of the OCH FT.
Section B: Duties of the Board of Director Members:
• Meet when called by the Chair to plan and coordinate the business and proposed activities of
OCHFT;
• Review and consider applications for project funding;
• Review and consider OCHFT's financial information, including the Annual Financial Report, any
related independent audit, and the OCHFT's annual budget; and
• Serve on subcommittees or task forces when appropriate.
Section C: Formation of Subcommittees
The Board may create subcommittees or task forces to accomplish the goals and purposes of OCHFT.
ARTICLE V — Meetings
Section A: Regular Meetings
Regular meetings of OCHFT's Board shall be held once every two (2) months, unless otherwise called by
the Chair. Meeting notice, agenda, and public comment procedures shall comply with the provisions of
the Ralph M Brown Act. The County's Clerk of the Board shall prepare meeting agendas and handle
noticing requirements.
Section B: Special Meetings
Special meetings of OCHFT may be held at any time upon call of the Chair, provided that the special
meetings' noticing and agenda complies with the Ralph M. Brown Act.
Section C: Quorum
A 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
The conduct of meetings shall be governed by Robert's Rules of Order (most recent published edition)
where the question at issue is not determined by these Bylaws.
Section H: Location of Meetings '41,WN6,
The Board must meet in publicly -accessible places typical for hosting public meetings, such as Council
Chambers, city community rooms, or County board or conference rooms.
ARTICLE VI — Financial Review and Oversight
NJ# 1\
Section A: Annual Financial Report
The Board shall ensure that an Annual Financial Report is prepared, reviewed, adopted and made public
annually, to ensure transparency and demonstrate actions that have furthered the purposes of OCHFT.
h,
As a part of the development of the Annual Financial Report, the Board shall engage an independent
auditor to complete an independent financial audit of OCHFT's operations. The audit must be provided
to the public, and the auditor must report all findings to the Board in a public meeting.
Section B: Budget
The Annual Budget of OCHFT shall be reviewed and approved by the Board of Directors in Mayor June
of each year, in advance of the start of OCHFT's next Fiscal Year.
Section C: OCHFT Fiscal Year
The fiscal year of OCHFT shall be from July 1 to June 30 of each year.
ARTICLE VII — OCHFT Board Code of Conduct
This OCHFT Board Code of Conduct represents OCHFT's commitment to high standards of ethics, public
service, collegiality, and transparency. The following standards should be regarded as minimum
expectations for conduct. OCHFT Board Members will act in accordance 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 funding 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.
Members of the Board of Directors and Advisory Board are required to follow OCHFT Bylaws regarding
conflict of interest and code of conduct. 0",
Section C: Confidentiality A6#
Members of the Board of Directors and Advisory Board must maintain the highest standards of
confidentiality regarding information obtained directly or indirectly through their involvement with the
OCHFT. This includes but is not limited to information about applications for funding, OCHFT members
and their organizations and funded agencies. Members must also avoid inadvertent disclosure of
confidential information through casual public discussion, which may be overheard or misinterpreted.
Section D: Gifts or Honoraria V`v� I%L
It is not permissible for members of the Board of Directors and Advisory Board to offer or accept gifts,
gratuities, excessive favors or personal rewards intended to influence OCHFT decisions or activities.
Section G: Harassment 1%afthh6, %
'Jmnnnnn�
Harassment, interpreted as unwelcome conduct, comment, gesture, contact, or intimidating and
offensive behavior likely to cause offense or humiliation, will not be tolerated and may result in
disciplinary measures up to and including removal from OCHFT Board.
Section H: Laws and Regulations
OCHFT business will be conducted in a manner that reflects the highest standards and in accordance
with all federal, state, and local laws and regulations.
ATTACHMENT: 6
health
CAREAGENCY
Service Planning Areas
FI North Region
Central Region
South Region
SERVICE PLANNING AREAS
Irvine
a Beach
Unincorporated
Lake Forest
Rancho Santa Ma
ina� W°�S Mission Viejo
� �Lag�una Hills
iso VejId,
Laguna Niguel
San Juan CtClemente
Dana Point
Health Policy Research and Communication, May 2017