HomeMy Public PortalAbout10D - SGV Regional Housing Trust_Staff Report
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: November 4, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Tinny Chan, Management Analyst
SUBJECT: SAN GABRIEL VALLEY REGIONAL HOUSING TRUST
RECOMMENDATION:
The City Council is requested to:
1. Provide direction on whether the City of Temple City should become a member of the
San Gabriel Valley Regional Trust, and if so;
2. Identify a desired membership level for the remaining fiscal year; and
3. Direct the City Manager to allocate available funding for membership fees.
BACKGROUND:
1. In October 2019, Governor Newsom signed SB 751 to establish the San Gabriel
Valley Regional Housing Trust (SGVHRT). Operating as a joint powers authority
between local cities and the San Gabriel Valley Council of Governments (SGVCOG),
the housing trust creates a mechanism that increases the region’s competitiveness to
capture funding and financing for affordable housing activities (Attachment “A”).
2. In February 2020, the SGVHRT was established by 16 full-member and two affiliate-
member cities. The collaborative operates under an appointed nine-member board;
accomplishments to date include securing a $1.35 million grant for affordable housing
projects, applying for funding under the state’s housing trust fund, and initiating a
strategic planning process (Attachment “B”).
3. In June 2020, the City began the development of its first-ever homelessness response
plan. Sponsored by the SGVCOG, the initiative assesses existing conditions and
needs, and formalizes a localized strategy that prevents homelessness and provides
for affordable housing.
City Council
October 20, 2020
Page 2 of 3
ANALYSIS:
Senate Bill 751 has enabled the creation of the SGVRHT which will finance affordable
housing projects. SGVRHT allows San Gabriel Valley cities to collaborate to bring
additional affordable housing resources to the San Gabriel Valley region.
Tonight’s discussion centers on two questions: Does Council elect to join the SGVHRT?
If so, what membership level: full or affiliate?
Full Membership
Full membership allows the City to receive funding for affordable housing projects.
It also avails a council member to sit on the SGVRHT Board of Directors.
While a full membership does not commit the City (or Council) to a quota for
affordable housing projects, it does allow the City to leverage and identify funding
that may not be available just to Temple City. For example, it can use allocated
affordable housing funds from another participating city to financially package an
affordable housing project in Temple City. It would also allow the City to access
funding sources not typically available to municipalities, e.g., private grants and
financing.
The cost for full membership is $18,000 for the first year: a $3,000 joining fee and
an annual administrative fee of $15,000. Membership can be withdrawn at the end
of each fiscal year with proper notice. Attachment “C” identifies SGVRHT full-
membership cities.
Affiliate Membership
The affiliate membership allows Council to show support for SGVRHT; however, it
does not provide access to available funding sources or a seat on the Board of
Directors.
The cost for affiliate membership is $3,000, representing a one-time joining fee
based on the city’s population. There is no annual administrative fee.
Two cities in the area have affiliate memberships: San Gabriel and La Canada
Flintridge.
Staff would recommend that if the City Council were to consider membership, that the
City consider affiliate membership since both the affordable housing and homelessness
have become regional issues that impact all cities in the San Gabriel Valley. Participation
in the SGVRHT as an affiliated member could be considered as an implementation
measure for the proposed homeless plan and the City’s upcoming Housing Element
Update.
City Council
October 20, 2020
Page 3 of 3
Since there are currently no affordable housing projects that the City is currently
considering, if in the future a project that met the City’s General Plan and Zoning
requirements came before City, a transition to full membership could allow for the
potential use of future funding to meet the needs and requirements of the City.
CITY STRATEGIC GOALS:
Recommended actions contained in this report align with the City Strategic Goals of
Quality of Life and Good Governance.
FISCAL IMPACT:
Staff’s recommendation to pursue an affiliate membership level represents a one-time
$3,000 cost. Funding is available in Account No. 01-910-42-4231.
Should Council wish to pursue a full membership of $18,000 for this fiscal year, funding
should be appropriated from the unassigned General Fund balance. The subsequent
$15,000 yearly administrative fee will be considered as part of the City’s budgetary
process.
ATTACHMENTS:
A. Joint Powers Agreement
B. SGVCOG Presentation
C. Full-Membership Cities
1471730.1
THE SAN GABRIEL VALLEY REGIONAL HOUSING
TRUST_JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is
made this____ day of ______ 2020 (the "Effective Date"), by and between the
public agencies listed in the attached Exhibit “A” (hereafter, individually, a “Party”
and collectively, the "Parties").
RECITALS
A.The Parties are authorized to take such actions that promote the public health,
safety and welfare of residents.
B.The Parties acknowledge that a shortage of affordable housing exists as a result
of various causes.
C.The Parties are committed to providing additional housing opportunities and
reducing homelessness in a coordinated and comprehensive manner.
D.The Parties acknowledge that an adequate supply of housing will provide social
and economic benefits to residents and taxpayers of each Party.
E.Each Party has the individual power to fund the planning and construction of
affordable housing projects within its jurisdictional boundaries and to carry out all
of the purposes of this Agreement.
F.The Parties find it in their mutual interest to enter into this Agreement to provide
a coordinated response to addressing shortages in workforce housing, affordable
housing, and supportive housing in the San Gabriel Valley.
G.California Government Code sections 6500 et seq. ("Joint Exercise of Powers
Act" or "Act") permits two or more public agencies to create a joint powers
authority for the purposes cited herein, and permits such agencies to exercise
jointly any power that the public agencies could exercise separately.
ATTACHMENT A
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H. California Government Code section 6539.6 authorizes the County of Los
Angeles and any of the cities within the jurisdiction of the San Gabriel Valley
Council of Governments to create a joint powers agency known as the San
Gabriel Valley Regional Housing Trust ("SGVRHT"), 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
SGVRHT.
I. The Parties are establishing the SGVRHT to promote public-private partnerships,
nonprofit collaborations, and community building to maximize sources of public
and private funds, when available, to efficiently accelerate housing for homeless,
low, very low and extremely low-income individuals and families.
J. This Agreement shall not in any way be interpreted to limit any Party’s authority
over land-use decisions within their respective jurisdictions, including, but not
limited to, whether any project or program supported by SGVRHT is to be
implemented within such Party’s jurisdiction.
NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties
agree as follows:
Section 1. Creation and Purpose.
a) Creation of SGVRHT. Pursuant to the Joint Exercise of Powers Act, including
Section 6539.6 of the Government Code, there is hereby created a public entity
to be known as the "San Gabriel Valley Regional Housing Trust." SGVRHT shall
be a public entity separate and apart from the Parties, and shall administer this
Agreement.
ATTACHMENT A
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b) Purpose. This Agreement is made pursuant to the Joint Exercise of Powers Act
for the purpose of creating SGVRHT 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 any Party from establishing, maintaining or
providing social programs or services to its respective residents as it deems
proper and necessary.
Section 2. Term and Termination.
a) Term. This Agreement shall become effective, and SGVRHT shall come into
existence, on the Effective Date, which date shall be the date upon which this
Agreement has been approved by four eligible members, 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 a majority of
the Parties, but shall remain in full force and effect until all bonds or SGVRHT
liabilities have been paid. Upon such liabilities being paid, the assets of SGVRHT
shall be distributed to the Parties in proportion to the contributions of each Party
to SGVRHT and the amounts paid by, each Party in connection with SGVRHT's
activities.
Section 3. Powers and Duties of SGVRHT.
a) General Powers. SGVRHT 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, including without limitation
all powers set forth in Government Code section 6539.6, and, except as expressly
ATTACHMENT A
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set forth herein, subject only to such restrictions upon the manner of exercising
such powers as are imposed upon the City of West Covina, a general city.
b) Specific Powers. Without limiting the generality of the powers conferred in
subdivision (a) of this Section 3, SGVRHT is hereby authorized, in its own name,
to do all of the acts necessary or convenient to the accomplishment of the
purposes of this Agreement and the full exercise of the powers conferred in
subdivision (a) of this Section 3, including but not limited to the following:
1. to make and enter into contracts;
2. to contract for staff assistance, including, but not limited to, contracting with
other public agencies;
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 Federal, State or local program that is related to the purposes of this
Agreement;
5. to invest any money in the treasury pursuant to Section 6505.5 of the Joint
Exercise of Powers Act that is not required for the immediate necessities
of SGVRHT, as SGVRHT 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 incur and discharge debts, liabilities, and obligations, subject to the
limitations provided in this Agreement and to the extent permitted under
the law;
8. to issue and receive loans;
9. to engage the services of private consultants to render professional,
financial and technical assistance and advice in carrying out the purposes
of this Agreement;
10. to employ and compensate legal counsel, including bond counsel,
determined appropriate by SGVRHT in the accomplishment of the
purposes of this Agreement;
11. to contract for engineering, construction, architectural, accounting,
ATTACHMENT A
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environmental, land use, or other services determined necessary or
convenient by SGVRHT 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 SGVRHT determines are necessary or
convenient in connection with the accomplishment of the purposes of this
Agreement;
13. for the purposes of renting space for SGVRHT 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 SGVRHT 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 acquire, hold, or dispose of property, contributions, and donations of
property, funds, services, and other forms of assistance from persons,
firms, corporations, and government entities;
16. to partner with Parties on funding solicitations and other opportunities for
the purposes set forth in this Agreement, including but not limited to jointly
exercising powers with a Party pursuant to the Joint Exercise of Powers
Act;
17. to the extent not herein specifically provided for, to exercise any powers in
the manner and according to methods provided under the laws applicable
to the SGVRHT; and
18. to carry out and enforce all the provisions of this Agreement in compliance
with the Joint Exercise of Powers Act.
c) Limitation on Powers. This Agreement does not authorize SGVRHT do any of the
following:
1. regulate land use within the jurisdiction of any of the Parties;
ATTACHMENT A
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2. levy, or advocate or incentivize the levying of, any land use exaction such
as an impact fee, charge, dedication, reservation or tax assessment, as a
condition of approving the funding for or approval of, a development
project;
3. require inclusionary zoning requirements;
4. fund or otherwise approve an agreement for a housing project that is not
supported by the Party within whose jurisdiction the project is proposed to
be located; or
5. require the Parties to this Agreement to accept or provide any specific
number of housing units as a prerequisite to joining or remaining a Party
to this Agreement.
Section 4. Members/Affiliates.
a) Members. The members of SGVRHT shall be the Parties to this Agreement who
have not withdrawn from SGVRHT, and such other entities that may join
SGVRHT after execution of this Agreement. New members may join on the terms
and conditions set forth in Section 10 hereof. Only the County of Los Angeles and
cities within the jurisdiction of the San Gabriel Valley Council of Governments
may become members of SGVRHT.
b) Affiliates. Entities that are eligible to be a party to this Agreement may join the
SGVRHT as an affiliate. Entities that join as an affiliate are not eligible to have a
member of their governing board serve on the Board of Directors or receive
funding for a project within their jurisdiction until such time, if ever, they become
of a Party of SGVRHT. An eligible entity may become an affiliate through written
notice from the executive officer of the entity, but shall not be a Party to this
Agreement.
Section 5. Board of Directors.
a) Selection of Directors. The membership of the Board of Directors of
SGVRHT shall be governed by Government Code section 6539.6 and as it may
be amended. As currently provided therein, SGVRHT shall be
governed by a Board of Directors selected by the San Gabriel Valley Council of
ATTACHMENT A
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Governments Governing Board (“SGVCOG Board”) consisting of nine Directors
selected as follows:
1. Seven Directors who are members of the SGVCOG Board that either
represent: (i) a County of Los Angeles board of supervisor district that is
located wholly or partially within the territory of the San Gabriel Valley
Council of Governments, provided the County of Los Angeles is a Party to
this Agreement; or (ii) a city that is a Party to this Agreement.
2. Two Directors that are experts in homeless or housing policy.
3. Alternates for each Director position may be established by the Board of
Directors under bylaws adopted by the Board of Directors; provided that
such alternates meet the requirements established in Government Code
section 6539.6 and as it may be amended.
b) Board Powers. Subject to the limitations of this Agreement and the laws of the
State of California, the powers of SGVRHT shall be vested in and exercised by
and its property controlled and its affairs conducted by the Board of Directors.
c) Director Terms. At its first regular meeting following the Effective Date or at such
other time as it determines, the SGVCOG Board shall select the Directors for the
SGVRHT Board of Directors. Each Director shall serve a term of two years. At
a regular SGVCOG Board meeting preceding the end of the Directors’ terms by
at least 15 days, the SGVCOG Board shall select new Directors or re-select
current Directors for the new terms of office. There is no limit on the number of
terms a Director may serve. In the event of a vacancy on the Board of Directors,
the SGVCOG Board shall appoint a replacement within 60 days of such vacancy
who shall serve out the remainder of term of the Director that he or she has
replaced.
d) Advisory Board. The Board of Directors may appoint advisory boards that may
include such persons as designated by the Board of Directors. The Board of
Directors shall adopt bylaws that govern the appointment of advisory boards
should it determine in its discretion to appoint such advisory boards.
ATTACHMENT A
1471730.1
e) Compensation. Directors shall serve without compensation but may be
reimbursed for any expenses actually incurred in connection with serving as a
Director; provided such expenses have been previously approved by the Board
of Directors and incurred in accordance with any SGVRHT policies or procedures
governing same.
f) 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, Government Code sections 54950 et seq.
2. Regular Meetings. Regular meetings of the Board of Directors shall be
held at such dates and times as the Board of Directors may fix by
resolution; a copy of such resolution shall be furnished to each Party
hereto. 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, unless otherwise determined by the Board
of Directors. 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. Notices of all special meetings shall be provided to all Parties.
4. Quorum. A quorum is established if at least five (5) Directors are present
at a meeting, except that less than a quorum may adjourn a meeting to
another time and place or constitute a “committee of the whole” for
purposes of hearing reports or other matters not requiring action by the
Board of Directors. Unless otherwise provided in this Agreement, actions
and decisions of the Board of Directors may be taken by a majority of the
quorum present at any meeting.
ATTACHMENT A
1471730.1
5. Minutes. The Board of Directors shall cause minutes of all regular,
adjourned regular, and special meetings to be kept and present same for
approval by the Board of Directors.
6. Officers. The Board of Directors shall elect a chairperson and a vice
chairperson from among its Directors at the first meeting held in each
calendar 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 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. SGVRHT may contract for officers and staff with a Party to this Agreement,
the San Gabriel Valley Council of Governments or other independent
contractors, agents, or volunteers as the Board of Directors may deem
necessary to carry out any of SGVRHT'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
SGVRHT's budget and are appropriated by SGVRHT therefore.
2. None of the officers, agents or staff, if any, directly contracted by SGVRHT
shall be deemed, by reason of their roles or duties or contracted status, to
be employed by any Party.
3. If SGVRHT contracts with a Party to this Agreement to provide SGVRHT
ATTACHMENT A
1471730.1
with administrative services through persons who are employees and/or
officers of the Party, then any retirement liabilities associated with that
Party's employees and/or officers shall not constitute a liability of SGVRHT
or any other Party to this Agreement.
4. All privileges and immunities from liability, exemptions from laws,
ordinances and rules, and benefits that apply to officers, agents or
employees of a member Party shall apply to the same extent when
performing duties for SGVRHT.
b) Treasurer and Auditor/Controller. Pursuant to Government Code Sections 6505.5
and 6505.6, the Board of Directors shall appoint an officer or employee of
SGVRHT, the treasurer of a Party to this Agreement or a certified public
accountant to hold the offices of treasurer and auditor for SGVRHT. Such person
or persons shall possess the powers of and shall perform the treasurer and
auditor functions for SGVRHT required by Sections 6505, 6505.5 and 6505.6 of
the Government Code, including any amendments thereto. Pursuant to
Government Code Section 6505.1, the auditor and treasurer shall have charge of
certain property of SGVRHT. The treasurer and auditor shall ensure that there
shall be strict accountability of all funds and reporting of all receipts and
disbursements of SGVRHT. The treasurer and auditor of SGVRHT shall be
required to file an official bond as required by Government Code section 6505.1
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 official bond required herein.
The premiums on any such bonds attributable to the coverage required herein
shall be an appropriate expense of SGVRHT.
c) Attorney. The Board of Directors shall have the power to appoint one or more
legal advisors to SGVRHT who shall perform such duties as may be prescribed
by the Board.
Section 7. Financial Provisions
a) Fiscal Year. The Fiscal Year of SGVRHT shall, unless and until changed by the
ATTACHMENT A
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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 SGVRHT shall commence on the effective date of this Agreement and
end on the immediately following 30th day of June.
b) Budget.
1. General Budget. Within one hundred and twenty days (120) after the first
meeting of the Board of Directors, a general budget for the first fiscal year
shall be adopted by the vote of a majority of the membership of the Board
of Directors.
2. Expenditures for the Approved Budget. The payment of all SGVRHT
obligations is limited to the amount of appropriations allowed in SGVRHT'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.
c) Contributions by the Parties.
1. Administrative Cost Contributions. The Parties agree that they shall make
annual contributions (“Administrative Fee”) towards the budgeted
administrative costs of SGVRHT in accordance with a cost allocation
formula as outlined below:
Population Annual Administrative Fee
Up to 30,000 $10,000
30,001 – 60,000 $15,000
60,001 – 100,000 $20,000
100,001 – 175,000 $25,000
County (per district) $25,000
Affiliate Membership
Population Annual Administrative Fee
Up to 30,000 $2,000
30,001 – 60,000 $3,000
60,001 – 100,000 $4,000
ATTACHMENT A
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100,001 – 175,000 $5,000
The Administrative Fee and Affiliate Fee (collectively, “Fees”) shall be
assessed annually. After the first fiscal year, the Fees shall increase
annually in an amount equal to the U.S. Bureau of Labor Statistics
consumer price index for the Los Angeles-Long Beach-Anaheim area for
the 12-month period preceding the year the Fees are assessed. Payment
of the Fees shall be due within 30 days of receipt of an invoice from the
SGVRHT. The invoice shall indicate how the Fees were calculated. A
Party's contribution to SGVRHT's administrative costs shall be in the form
of money, unless the Board of Directors 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 may be used to offset in whole or
part a Party’s contribution as determined in the sole and absolute
discretion of the Board of Directors. If a Party has received funding through
the County Measure H Program and allocates that funding to support the
start-up and operations of the SGVRHT, the funding will be credited
towards the Party’s first year Administrative Fee only. Notwithstanding the
above, after the first fiscal year the Board of Directors may establish Fees
in an amount the Board of Directors deems financially prudent; provided it
shall roughly be proportional as to each Party in the amounts reflected in
the table above.
2. Program Cost Contributions. In addition to a Party’s annual Administrative
Fee set forth above, the level of, and mechanism for involvement by
SGVRHT or a Party to any particular programs and program budget,
funded, sponsored or operated by SGVRHT, shall be determined and
approved by the Board of Directors.
d) Accounts and Reports.
1. Books and Records. There shall be strict accountability of all SGVRHT
funds and accounts and report of all SGVRHT receipts and disbursements.
ATTACHMENT A
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Without limiting the generality of the foregoing, SGVRHT shall establish
and maintain such funds and accounts as may be required by good
government accounting practice. The books and records of SGVRHT 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 SGVRHT shall cause an annual independent audit
of the accounts and records of SGVRHT 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 6539.6 of the Government
Code, SGVRHT shall publish an Annual Financial Report that shall
describe the funds received by SGVRHT and the use of such funds by
SGVRHT. The Annual Financial Report shall describe how the funds
received by SGVRHT have furthered the purpose of SGVRHT.
e) Funds. Subject to the applicable provisions of any instrument or agreement which
SGVRHT may enter into, which may provide for a trustee or other fiscal agent to
receive, have custody of and disburse SGVRHT funds, the person appointed by
the Board of Directors to perform the treasurer function for SGVRHT shall receive,
have the custody of and disburse SGVRHT funds 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 8. Amendments.
Unless otherwise specifically provided herein, this Agreement may not be amended or
modified except by writing and with approval of two-thirds of the governing bodies of all
the Parties and no other amendment or modification shall be of any force and effect
unless approved in accordance with this Agreement.
Section 9. Non-Liability for Obligations of SGVRHT.
ATTACHMENT A
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The debts, liabilities and obligations of SGVRHT shall not be considered the debts,
liabilities or obligations of any Party or its respective officers, agents, employees,
representatives or volunteers.
a) Indemnification. The SGVRHT shall defend, indemnify and hold harmless each
Party, its officers, agents, employees, representatives and volunteers (the
“Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense,
or damages of any kind or nature (collectively, “Claims”) brought by a third party
which arises out of or in connection with SGVRHT’s administration of this
Agreement, including such third party claims arising out of or in connection with
any Indemnitees acting within their authorized capacity as an officer, agent,
employee, representative or volunteer of SGVRHT. The SGVRHT’s duty to
defend and indemnify under this Section shall not extend to Claims otherwise
arising out of the Indemnitees’ own active negligence, omissions or willful
misconduct, whether in whole or part. The SGVRHT shall finance its obligation
pursuant to this Subsection by establishing a liability reserve fund, and/or by
purchasing commercial insurance, and/or by joining a joint powers insurance
authority (JPIA) as determined by the Board. In the event the SGVRHT’s financial
obligations to indemnify, defend and hold harmless, pursuant to this Subsection,
exceed the liability reserve fund and/or the proceeds from any applicable
insurance and/or JPIA coverage maintained by the SGVRHT (hereinafter
“Unfunded Liability”), a Party or Parties may meet and confer with SGVHRT in
good faith to negotiate alternative means or mechanisms by which SGVHRT may
fund such Unfunded Liability; however, in no event shall the event of an Unfunded
Liability relieve, limit or waive SGVHRT’s obligations of indemnity or defense to
each Party as first set forth above in this Section. Nothing herein shall obligate
any Party to indemnify or hold harmless SGVRHT for any Unfunded Liability.
b) Assignment. Each Party shall assign to the SGVRHT its rights, title, and interest
to recover damages from any third party for Claims arising out of this Agreement,
to the extent that the SGVRHT has met its obligations to defend and indemnify
such Party pursuant to this Section.
ATTACHMENT A
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c) Survival. SGVRHT’s duty to defend, indemnify and hold harmless shall survive
and continue in full force and effect after withdrawal of any Party from this
Agreement, including as to the withdrawing Party, or termination of this
Agreement for any reason with respect to any Claims that occurred before the
date of such withdrawal or termination.
Section 10. Admission and Withdrawal of Parties.
a) Admission of New Parties. It is recognized that additional eligible entities other
than the Parties, may wish to join SGVRHT after the Effective Date. Such eligible
entities may become a Party to this Agreement upon such terms and conditions
as are established by this Agreement and the Board of Directors. As a condition
precedent to becoming a Party more than six months after the Effective Date, an
eligible entity may thereafter become a Party to this Agreement; provided that (1)
this Agreement is adopted by its governing body and (2) the eligible entity pays,
a late joining fee. The late joining fee shall be calculated by totaling the annual
affiliate fee the eligible entity would have paid under this Agreement had it been
an affiliate in all years prior to becoming a Party, minus any affiliate fees it actually
paid during those years. Notwithstanding the foregoing, an eligible entity’s late
joining fee shall not exceed two times the amount of the applicable annual
administrative fee existing at the time it becomes a Party. Payment shall be due
within 30 days of receipt of an invoice from SGVRHT.
b) Withdrawal from SGVRHT. A Party may withdraw from SGVRHT upon its
governing board's adoption of a resolution stating its intent withdraw from
SGVRHT. The withdrawal of any Party, unless otherwise provided by the Board
of Directors, shall be conditioned as follows:
1. The withdrawal shall be effective at the end of the SGVRHT fiscal year
which is at least six months after the receipt by SGVRHT of a written notice
of the Party’s intent to withdraw, accompanied by a copy of the governing
board resolution stating its intent to withdraw; and
2. Unless otherwise provided by a unanimous vote of the Board of Directors,
withdrawal shall result in the forfeiture of the withdrawing Party's rights and
ATTACHMENT A
1471730.1
claims relating to distribution of property and funds upon termination of
SGVRHT as set forth in Section 2 above. Withdrawn members shall not
be entitled to any reimbursement of Administrative Fees.
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 at the addresses set forth in the attached Exhibit “A”, or to
such other address as may be designated to SGVRHT for formal notice.
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 follows:
ATTACHMENT A
1471730.1
Party:
By:
Supervisor/Mayor
Attest:
Clerk
ATTACHMENT A
10/29/2020
1
Temple City City Council
November 4, 2020
Background
•Dedicated funds held in trust for the planning & construction
of homeless, extremely low, very low, and low income
housing
•Authorized by SB 751 (Rubio) -signed October 2019
○Allows any city in the San Gabriel Valley and the County of
Los Angeles in the San Gabriel Valley to join a San Gabriel
Valley Regional Housing Trust Joint Powers Authority
○Allows Trust to issue bonds & other debt instruments
○Allows Trust to receive public & private funds and
financing
ATTACHMENT B
10/29/2020
2
SGVRHT Opportunities
•Vehicle to fund and finance affordable housing &
homeless housing projects with dedicated
funds/structure for San Gabriel Valley
•Regional engagement
•Pool resources & leverage funds
•Maximize economies of scale
•Collaboration with stakeholders
•Local control
○Locally-appointed Board of Directors
○No projects funded in a city without approval of City
Council
●Appointed by SGVCOG Governing Board
●9 members
○7 members representing Parties to the
SGVRHT Agreement
○2 Housing/Homeless Experts
●2-year terms
●Oversee activities of the SGVRHT
○Priority/Goal Setting
○Funding disbursement
○Program development/management
SGVRHT Board of Directors
ATTACHMENT B
10/29/2020
3
●Jurisdictional Representatives
o Northeast District: Gary Boyer (City of Glendora)
o Northwest District: Becky Shevlin (City of Monrovia)
o Southeast District: Patty Cortez (City of Covina)
o Central District: Jerry Velasco (City of El Monte)
o At-large Member: Adele Andrade-Stadler (City of Alhambra)
o At-large Member: Margaret Finlay (City of Duarte)
●Housing/Homeless Experts:
o Jed Leano, Councilmember, City of Claremont (Delegate);
Carol Averell, Housing Manager, City of Baldwin Park
(Alternate)
o Benita DeFrank, Neighborhood Services Director, City of
Pomona (Delegate); Alma Martinez, City Manager, City of El
Monte (Alternate)
SGVRHT Board of Directors
●Must be SGVCOG member
●Must execute joint powers agreement to join
●Payment of annual administrative fees
●Must provide written notice of exit 6 months
prior to start of new fiscal year
○If existing project in city, will be
responsible for administrative fee to
manage project
SGVRHT Participation
ATTACHMENT B
10/29/2020
4
●Ensures ongoing revenues for SGVRHT
operations
●Provides funding for grant-ineligible
activities
●Population-based
SGVRHT Annual Administrative Fee
Population Amount
Up to 30,000 $10,000
30,001 -60,000 $15,000
60,001 -100,000 $20,000
100,001 -175,000 $25,000
County (per District)$25,000
●Allows city to show support for regional
affordable housing production
●Cannot receive funding for project or serve
on Board of Directors
●Population-based Administrative Fee
SGVRHT Annual Administrative Fee
Affiliate Membership
Population Amount
Up to 30,000 $2,000
30,001 -60,000 $3,000
60,001 -100,000 $4,000
100,001 -175,000 $5,000
County (per District)$5,000
ATTACHMENT B
10/29/2020
5
Participating Cities
•Alhambra
•Arcadia
•Azusa
•Baldwin Park
•Claremont
•Covina
•Diamond Bar
•Duarte
•El Monte
•Glendora
•Irwindale
•La Canada Flintridge*
•La Verne
•Montebello
•Monrovia
•Pomona
•San Gabriel*
•South El Monte
•South Pasadena
•West Covina
* Affiliate Member
•Submitted a $1.2 million application to
State Local Housing Trust Fund (LHTF)
grant program
○125 affordable housing units of
affordable housing in cities of Pomona,
Claremont, and El Monte
•Approved project pipeline with 13 projects
totaling 585 units across the region
•Initiating fundraising campaign
Progress to Date
ATTACHMENT B
10/29/2020
6
•Awarded annually to entitlement jurisdictions to
help meet the unmet need for affordable housing
and increase the supply of affordable units
•Eligible activity: matching funds for Regional
Housing Trust
•Approximately $1.3 million in allocated PLHA
funds: Alhambra, Baldwin Park, Claremont,
Covina, Duarte, La Canada Flintridge, La Verne,
Monrovia, South El Monte
Permanent Local Housing Allocation
(PLHA) Funds
Upcoming Activities
•Foundational planning efforts
o SGVRHT Strategic Plan
o San Gabriel Valley Surplus Land Use Study
o Housing Finance and Construction Innovation
Study and Pilot Program
o SGVRHT Housing Incubator
o Foundational planning efforts
•Preparation for spring 2021 LHTF application
•Ongoing fundraising efforts
ATTACHMENT B
10/29/2020
7
Questions?
13
Project Pipeline
ATTACHMENT B
10/29/2020
8
LHTF Application
ATTACHMENT B
SAN GABRIEL VALLEY REGIONAL HOUSING TRUST FULL-MEMBER CITIES
•Alhambra
•Arcadia
•Azusa
•Baldwin Park
•Claremont
•Covina
•Diamond Bar
•Duarte
•El Monte
•Glendora
•La Verne
•Monrovia
•Pomona
•South El Monte
•South Pasadena
ATTACHMENT C