HomeMy WebLinkAboutRES NO 119-15RESOLUTION NO. 11 9— 1 5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S
JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY
PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION,
ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE AND APPROVING
ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS
AUTHORITY RELATED THERETO.
WHEREAS, the California Home Finance Authority ( "Authority ") is a joint
exercise of powers authority established pursuant to Chapter 5 of Division 7, Title
1 of the Government Code of the State of California (Section 6500 and
following) (the "Act ") and the Joint Power Agreement entered into on July 1,
1993, as amended from time to time (the "Authority JPA "); and
WHEREAS, the Authority is in the process of amending the Authority JPA to
formally change its name to the Golden State Finance Authority; and
WHEREAS, Authority has established a property- assessed clean energy
( "PACE ") Program (the "Authority PACE Program ") to provide for the financing
of renewable energy generation, energy and water efficiency improvements
and electric vehicle charging infrastructure (the "Improvements ") pursuant to
Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the
California Streets and Highways Code ( "Chapter 29 ") within counties and cities
throughout the State of California that elect to participate in such program; and
WHEREAS, City of Bakersfield ( "City ") is committed to development of
renewable energy generation and energy and water efficiency improvements,
reduction of greenhouse gases, and protection of the environment; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties
to assist property owners in financing the cost of installing Improvements through
a voluntary contractual assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the
Authority PACE Program would promote the purposes cited above; and
WHEREAS, City wishes to provide innovative solutions to its property owners
to achieve energy and water efficiency, and, in doing so, cooperate with
Authority in order to efficiently and economically assist property owners within
City in financing such Improvements; and
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WHEREAS, Authority has established the Authority PACE Program, which is
such a voluntary contractual assessment program, as permitted by the Act and
the Authority JPA, a copy of which is attached as Exhibit "A" hereto, originally
made and entered into July 1, 1993, as amended to date, and City, desires to
become an Associate Member of the JPA to participate in the programs of the
JPA and to assist property owners within the jurisdiction of the City in financing
the cost of installing Improvements; and
WHEREAS, City will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial
action in the case of delinquencies in the payment of any assessments or the
issuance, sale or administration of any bonds issued in connection with the
Authority PACE Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. This City Council finds and declares that properties in City's
incorporated area will be benefited by the availability of the Authority PACE
Program to finance the installation of the Improvements.
3. This City Council consents to inclusion in the Authority PACE Program
of all of the properties in the jurisdictional boundaries of City and to the
Improvements, upon the request by and voluntary agreement of owners of such
properties, in compliance with the laws, rules and regulations applicable to such
program; and to the assumption of jurisdiction thereover by Authority for the
purposes thereof.
4. The consent of this City Council constitutes assent to the assumption
of jurisdiction by Authority for all purposes of the Authority PACE Program and
authorizes Authority, upon satisfaction of the conditions imposed in this
resolution, to take each and every step required for or suitable for financing the
Improvements, including the levying, collecting and enforcement of the
contractual assessments to finance the Improvements and the issuance and
enforcement of bonds to represent such contractual assessments.
5. This City Council hereby approves joining the JPA as an Associate
Member and authorizes the execution by appropriate City officials of any
necessary documents to effectuate such membership.
6. The City Council hereby finds that adoption of this Resolution is not
a "project" under the California Environmental Quality Act, because the
Resolution does not involve any commitment to a specific project which may
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result in a potentially significant physical impact on the environment, as
contemplated by Title 14, California Code of Regulations, Section 15378(b) (4)).
7. City staff is authorized and directed to coordinate with Authority
staff to facilitate operation of the Authority PACE Program within the City.
8. The City Clerk is directed to send a certified copy of this resolution
to the Secretary of the Authority.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 16 2015 . by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
COUNCIL MEMBER RIVERA, MAXWELL WEIR, SMITH, HANSON, SULLIVAN, PARLIER
NOES: COUNCIL MEMBER NSNW
ABSTAIN: COUNCIL MEMBER �^^e
ABSENT: COUNCIL MEMBER tJ0'C L,
ROBERTA GAFFORD, C
CITY CLERK and Ex cio Clerk of
the Council of the City of Bakersfield
APPROVED SEP 161015
L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Att ey
By
ANDREW HEGL D
Deputy City Attorney
AH:dll
Attachment
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JPA Agreement
[to be inserted]
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CALUIORNIA HOME FINANCE AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(Original date July 1, 1993 and a9 last amended and restated December 10, 2014)
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
('Agreement") is entered into by and among the counties fisted on Attachment I hereof and
incorporated herein by reference. All such counties are referred to herein as 'Members' with the
respective powers, privileges and restrictions provided herein.
RECITALS
A. WHEREAS, the California Rural Home Mortgage Finance Authority (' CRHMFA') was
created by a Joint Exercise of Powers Agreement dated July 1, 1993 pursuant to the Joint Exercise
of Powers Act (conunencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the "Act'). By Resolution 2003-02, adopted on
January 15, 2003, the name of the authonq was changed to CRHMFA Homebuyers Fund. The
most recent amendment to the Joint Exercise of Powers Agreement was on January 28, 2004.
B. WHEREAS, the Members of CRHMFA Homebuyers, Fund desire to update, reaffirm,
clarify and revise certain provisions of the joint powers agg men4 including the renaming of the
joint powers authority, as set forth herein.
C. WHEREAS, the Members are each empowered by law to finance the construction,
acquisition, improvement and rehabilitation of real property.
D. WHEREAS, by this Agreement, the Members desire to create and establish ajoint powers
authority to exercise their respective powers for the purpose of financing the construction,
acquisition, improvement and rehabilitation of real property within the jurisdiction of the Authority
as authorized by the Act
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members
individually and collectively agree as follows:
1. Definitions
Unless the context otherwise requires, the following terms shall for purposes of this
Agreement have the meanings speed below:
'Ace means the Joint Exercise of Powers Act, commencing with Article 1 of Chapter 5 of
Division 7 of Tide 1 of the Government Code of the State of California, including the Marks-Roos
Local Bond Pooling Act of 1985, as amended.
'Agreement' means this Joint Exercise of Powers Agreement, as the same now exists or as it
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may from time to time be amended as provided herein.
'Associate Member' means a county, city or other public agency which is not a voting
member of the Rural County Representatives of California, a California nonprofit corporation
( "RCRC"), with legal power and authority similar to that of the Members, admitted pursuant to
paragraph 4.d. below to associate membership herein by vote of the Board.
`Audit Committee' means a committee made up of the nine - member Executive
Committee.
'Authority' means California Home Finance Authority ( "CHFI, formerly known as
CRHbiFA Homebuyers Fund or California Rural Home Mortgage Fmance Authority.
Board' means die governing board of Ilse Authority as described in Section 7 below.
%on& means bonds, notes, warrants, leases, certificates of participation, instalment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other obligation
within die meaning of the tern Bonds' under the Act.
'Delegate' means the Supervisor designated by the governing board of each Member to
serve on the Board of the Authority.
'Emectmve Commkbm' means tie nine - member Executive Committee of die Board
established pursuant to Section 10 hereof.
'Member' means any county which is a member of RCRC, has executed this Agreement
and has become a member of die Authority.
`Obligations' means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authoriy,
or financing agreements entered into by the Authority pursuant to the Act and any other financial
or legal obligation of the Authority under the AcL
Rrolram' O 'Project" means any work, improvement, program, project or service
undertaken by the Authority.
'Ruud. County Rep[xswtafives of California' or 'RCRC' means the nonprofit entity
incorporated under that name in the State of California.
'Supervisor' means an elected County Supervisor from an RCRC member county.
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The purpose of the Authority is to provide financing for the acquisition, construction,
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improvement and rehabilitation of real property in accordance with applicable provisions of law
for the benefit of residents and communities. In pursuit of this purpose, this Agreement provides
for the joint exercise of powers common to any of its Members and Associate Members as
provided herein, or otherwise authorized by the Act and other applicable laws, including assisting
in financing as authorized herein, jointly exercised in the niamher set forth herein.
3. Principal Place of Business
The principal office of the Authority shall be 1215 K Street, Suite 1650, Sacramento,
California 95814.
4. Creafion of Authority; Addition of Members or Auodate Members
a. The .authority is hereby created pursuant to the Act. As provided in the Act, the
Authority shill be a public entity separate and distinct from the Members or .associate Members.
b. The Authority will cause a notice of this Agreement or any amendment hereto to
be prepared and filed with the office of die Secretary of State of California in a timely fashion in
die manner set forth in Section 6503.3 orthe Act.
C. A county that is a member of RCRC may petition to become a member of die
Authority by submitting to the Board a resolution or evidence of other formal action taken by its
governing body adopting this Agreement. The Board shall review the petition for membership
and shall vote to approve or disapprove die petition. If the petition is approved by a majority of
the Board, such county shall immediately become a Member of the Authority,
d. An Associate Member may be added to the Authority upon the affirnative
approval of its respective governing board and pursuant to action by the Authority Board upon
such terns and conditions, and with such rights, privileges and responsibilities, as may be
established from time to time by the Board. Such terms and conditions, and rights, privileges and
responsibilities may vary among the Associate Members. Associate Members shall be entitled to
participate in one or more programs of the Authority as determined by the Board, but shall not be
voting members of the Board. Me Executive Director of the Authority shall enforce the terns
and conditions for prospective .associate Members to the Authority m provided by resolution of
the Board and as amended from time to time by the Board. Changes in the terms and conditions
for Associate Membership by the Board will not constitute an amendment of this .agreement
S. Term and Termination of Powers
llris .agreement shall become effective from the dale hereof until the earlier of die time
when all Bonds and any interest thereon shall have been paid in full, or provision for such
payment shall have been made, or when the Authority shall no longer mm or hold any interest in a
public capital improvement or program. The Authority shall continue to exercise the powers
herein conferred upon it until termination of this Agreement, except that if any Bonds are issued
and delivered, in no event shall the exercise of the powers herein granted be terminated until all
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Bonds so issued and delivered and die interest thereon shall have been paid or provision for such
payment shall have been made and any other debt incurred with respect to any other financing
program established or administered by the Authority has been repaid in full and is no longer
outstanding.
6. Power; Aesaicdon upon 1§ercin
a. To effectuate its purpose, the Authority shall have die power to exercise any and all
powers of the Members or of a joint powers authority under the Act and other applicable
provisions of law, subject, however, to the conditions and restrictions herein contained. Each
Member or Associate Member may also separately exercise any and all such powers. The powers
of the Authority are Hunted to those of a general law county.
b. The Authority may adopt, from time to tune, such resolutions, guidelines, rules and
regulations for the conduct of its meetings and the activities of the Authority as it deems necessary
or desirable to accomplish its purpose.
C. The Authority shall have the power to finance the construction, acquisition,
improvement and rehabilitation of real property, including the power to purchase, with the
amounts received or to be received by it pursuant to a bond purchase agreement, bonds issued by
any of its Members or Associate Members and other local agencies at public or negotiated sale, for
the purpose set forth herein and in accordance with the Act. All or any part of such bonds so
purchased may be held by the Authority or resold to public or private purchasers at public or
negotiated sale. The Authority shall set any other terms and conditions of any purchase or sale
contemplated herein as it deems necessary or convenient and in furtherance of the Act. The
Authority may issue or cause to be issued Bonds or other indebtedness. and pledge any of its
property or revenues as security to the extent permitted by resolution of the Board under any
applicable provision of law. The Authority may issue Bonds in accordance with the Act in order
to raise funds necessary to effectuate its purpose hereunder and may enter into agreements to
secure such Bonds. The Authority may issue oilier forms of indebtedness authorized by the Act,
and to secure such debt, to further such purpose. The Authority may utilize other forms of capital,
including, but not limited to, the Authority's internal resources, capital markets and other forms of
private capital investment authorized by the Act.
d. The Authority is hereby authorized to do all acts necessary for the exercise of its
powers, including, but not limited to:
(1) executing contracts,
(2) employing agents, consultants and employees,
(3) acquiring, constructing or providing for maintenance and operation of any
building, work or improvement,
(4) acquiring, holding or disposing of real or personal property wherever
located, including property subject to mortgage,
(5) incurring debts, liabilities or obligations,
(6) receiving gifts, contributions and donations of property, funds, services and
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any other foams of assistance from persons, firms, corporations or
governmental entities,
(7) suing and being sued in its own name, and litigating or settling any suits or
claims,
(8) doing any and all ddngs necessary or convenient to the exercise of its
specific powers and to accomplishing its purpose
(9) establishing and/or administering districts to finance and refinance the
acquisition, installation and improvement of energy efficiency, water
conservation and renewable energy improvements to or on real property
and in buildings. The Authority may enter into one or more agreements,
including without limitation, participation agreements and implementation
agreements to implement such programs.
C. Subject to the applicable provisions of any indenture or resolution providing for the
investment of monies held thereunder, the Authority shall have the power to invest any of its funds
as the Board deems advisable, in the same manner and upon the same conditions as local agencies
pursuant to Section 53601 of the Government Code of the State of California.
C All property, equipment, supplies, funds and records of the Authority sha8 be
owned by die Authority, except as may be provided otherwise herein or by resolution of the
Board.
g. Pursuant to the provisions of Section 6508.1 of the Act, the debts, liabilities and
obligations of the Authority shall not be debts, liabilities and obligations of the Members or
Associate Members. Any Bonds, together with any interest and premium thereon, sha8 not
constitute debts, labilities or obligations of any Memher. The Members or Associate Members
hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of
the Authority but shhall be payable solely from the moneys pledged to the repayment of principal or
interest on such Bonds under the terms of the resolution, indenture, trust, agreement or other
instrument pursuant to which such Bonds are issued. Neither the Members or Associate
Members nor the Authority shall be obligated to pay the principal of or premium, if any, or
interest on the Bonds, or other costs incidental thereto, except from the revenues and funds
pledged therefor, and neither the faith and credit nor the taxing power of the Members or
Associate Members or the Authority shall be pledged to the payment of the principal of or
premium, if any, or interest on die Bonds, nor shall the Members or Associate Members of the
Authority be obligated in any manner to make any appropriation for such payment No covenant
or agreement contained in any Bond shall be deehned to be a covenant or agreement of any
Delegate, or any officer, agent or employee of the Authority in an individual capacity, mid neither
the Board nor any officer thereof executing the Bonds or any document related thereto shall be
liable personally on any Bond or be subject to any personal liability or accountability by reason of
the issuance of any Bonds.
7. GovetningHoard
a. The Board shall consist of the number of Delegates equal to one representative
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from each Member
b. The governing body of each Member shall appoint one of its Supervisors to serve
as a Delegate on dne Board. A Member's appointment of its Delegate shall be delivered in writing
(which may be by electronic mail) to the Authority and shall be effective until he or she is replaced
by such governing body or no longer a Supervisor, any vacancy shall be filled by the governing
body of the Member in the same manner provided in this paragraph b..
C. The governing body of each Member of the Board shall appoint a Supervisor as an
alternate to serve on the Board in the absence of the Delegate; the alternate may exercise all the
rights and privileges of the Delegate, including the right to be counted in constituting a quomm, to
participate in the proceedings of the Board, and to vote upon any and all matters. No alternate
may have more thin one vote at any meeting of the Board, and any Member's designation of an
alternate shall be delivered in writing (which may be by electronic mail) to the Authority and shall
be effective until such alternate is replaced by his or her governing body or is no longer a
Supervisor, unless otherwise specified in such appointment. Any vacancy shall be filled by the
governing body of die Member in the same manner pmvided in this paragraph c..
d. Any person who is not a member of the governing body of a Member and who
attends a meeting on behalf of such Member may not vote or be counted Mard a quorum but
may, at the discretion of the Chair, participate in open meetings he or she attends.
e. Each Associate Member may designate a non- voting representative to the Board
who may not be counted toward a quorum but who may attend open meetings, propose agenda
items and otherwise participate in Board Meetings.
f. Delegates shall not receive compensation for serving as Delegates, but may claim
and receive reimbursement for expenses actually incurred in connection with such service
pursuant to Hiles approved by the Board and subject to the availability of funds.
g, The Board shall have the power, by resolution, to the extent permitted by the Act
or any other applicable law, to exercise any powers of the Authority and to delegate any of its
functions to the Executive Committee or one or more Delegates, officers or agents of the
Authority, and to cause any authorized Delegate, officer or agent to take any actions and execute
any documents for and in the name and on behalf of the Board or the Authority.
h. The Board may establish such committees as it deems necessary for any lawful
purpose; such committees are advisory only and may not act or purport to act on behalf of the
Board or the Authority.
i. The Board shall develop, or cause to be developed, and review, modify as
necessary, and adopt each Program.
8. Meetings of the Board
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a. The Board shall meet at (cast once annually, but may meet more frequently upon
call of any officer or as provided by resolution of the Board.
b. Meetings of the Board shall be called, noticed, held and conducted pursuant to the
provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Past I of
Division 2 of Title 5 of the Government Code of the State of California.
C. The Secretary of the Authority shall cause minutes of all meetings of tike Board to
be taken and distributed to each Member as soon as possible after each meeting.
d. The lesser of twelve (12) Delegates or a majority of the number of current
Delegates shall constitute a quorum for transacting business at any meeting of the Board, except
that less than a quorum may act to adjourn a meeting. Each Delegate shall have one vote.
C. Meetings may be held at any location designated in notice properly given for a
meeting and may be conducted by telephonic or similar means in any manner otherwise allowed
bylaw.
9. Of,Ticen; Duties; Official Bonds
a. The Board shall elect a chair and vice chair from among lire Delegates at the
Board's annual meeting who shall serve a term of one (1) year or until their respective successor is
elected. The chair shall conduct the meetings of the Board and perform such other duties as may
be specified by resolution of the Board. The vice chair shall perform such duties in the absence or
in the event of the unavailability of the chair.
b. The Board shall contract annually with RCRC to administer the Agreement and to
provide administrative services to the Authority, and the President and Chief Executive Officer of
RCRC shall serve ex a5cio as Executive Director, Secretary, Treasurer, and Auditor of the
Authority. As chief executive of the Authority, the Executive Director is authorized to execute
contracts and other obligations of the Authority, unless prior Board approval is required by a third
party, by law or by Board specification, and to perform other duties specified by the Board. The
Executive Director may appoint such other officers as may be required for the orderly conduct of
the Authority's business and affairs who shall serve at the pleasure of the Executive Director.
Subject to the applicable provisions of any indenture or resolution providing for a trustee or other
fiscal agent, the Executive Director, as Treasurer, is designated as the custodian of the Authority's
funds, from whatever source, and, as such, shall have the powers, duties and responsibilities
specified in Section 6505.5 of the Act. The Executive Director, as Auditor, shall have the powers,
duties and responsibilities specified in Section 6505.5 of the AcL
C. The Legislative Advocate for the Authority shall be the Rural County
Representatives of California.
d. The Treasurer and Auditor are public officers who have charge of, handle, or have
access to all property of the Authority, and a bond for such officer in the amount of at least one
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hundred thousand dollars ($100,000.00) shall be obtained at the expense of the Authority and
filed with die Executive Director. Such bond may secure the faithful performance of such
officer's duties with respect to another public office if such bond in at least the same amount
specifically mentions the office of the Authority as required herein. The Treasurer and Auditor
shall cause periodic independent audits to be made of the Authority's books by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
e. The business of the Authority shall be conducted under the supervision of the
Executive Director by RCRC personnel.
10. Executive Committee of the Authority
a. Composition
The Authority shall appoint nine (9) members of its Board to serve on an Executive
Committee.
b. Powers and Limitations
The Executive Committee shall act in an advisory capacity and make
recommendations to the Authority Board. Duties will include, but not be limited to, review of the
quarterly and annual budgets, service as the Audit Committee for the Authority, periodically
review this Agreement; and complete any other tasks as may be assigned by the Board. The
Executive Committee shall be subject to all limitations imposed by this Agreement, other
applicable law, and resolutions of the Board.
C. Quo
A majority of fie Executive Committee shall constitute a quorum for transacting
business of the Executive Committee.
11. Disposition of Assets
Upon termination of this Agreement, all remaining assets and liabilities of die Authority
shall be distributed to the respective Members in such manner as shall be determined by the
Board and in accordance with the law.
12. Agreement Not Exclusive; Operation in7urisdittion of Member
Tlris Agreement shall not be exclusive, and each Member expressly reserves its rights to
carry out other public capital improvements and programs as provided for by law and to issue
other obligations for dense purposes. This Agreement shall not be deemed to amend or alter the
terms of other agreements among die Members or Associate Members.
13. Conflict oflnOQestCode
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The Authority shall by resolution adopt a Conflict. of Interest Corte as required by law.
14. Contributions and Advances
Conuibutions or advances of public funds and of personnel, equipment or property may
be made to the Authority by any Member, Associate Member or any other public agency to
further the purpose of this Agreement Payment of public funds may be made to defray the cost of
any contribution. Amy advance may be made subject to repayment, and in that case shall be repaid
in the rummer agreed upon by the advancing Member, Associate Member or other public agency
and the Authority at the time of making the advance.
15. Final Year, Awmnts; Reports, Annual Budget Attinmistralive Expenses
a. The fiscal year of the Authority shall be the period from January I of each year to
and including the following December 31, except for any partial fiscal year resulting from a change
in accounting based on a different fiscal year previously.
b. Prior to the beginning of each fiscal year, the Board shall adopt a budget for the
succeeding fiscal year.
C. The Authority shall establish and maintain such funds and accounts as may be
required by generally accepted accounting principles. The books and records of die Authority are
public records and shall be open to inspection at all reasonable times by each Member and its
representatives.
d. The Auditor shall either make, or contract with a certified public accountant or
public accountant to make, an annual audit of the accounts and records of the Authority. The
minimum requirements of the audit shall be those prescribed by the State Controller for special
districts under Section 26909 of die Government Code of die State of Califorma, and shall
conform to generally accepted auditing standards. When an audit of accounts and records is made
by a certified public accountant or public accountant a report thereof shall be filed as a public
record with each Member (and also with the auditor of Sacraniento County as the county in which
the Authority's office is located) within 12 months after the end of the fiscal year.
C. In any year in which the annual budget of the Authority does not exceed five
thousand dollars (55,000.00), the Board may, upon unanimous approval of the Board, replace the
annual audit with an ensuing one -year period, but in no event for a period longer than two fiscal
years.
16. Duties of Members or Associate Members; Breach
If any Member or Associate Member shall default in performing any covenant contained
herein, such default shall not excuse that Member or Associate Member from fulfilling its other
obligations hereunder, and such defaulting Member or Associate Member shall remain liable for
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the perforrance of all covenants hereof. Each Member or Associate Member hereby declares
that this Agreement is entered into for the benefit of the Authority created hereby, and each
Member or .associate Member hereby Rants to the Authority the right to enforce, by whatever
lawful means the Authority deems appropriate, all of the obligations of each of the parties
hereunder. Each and all of die remedies given to die Authority hereunder or by any law now or
hereafter enacted are cumulative, and the exercise of one tight or remedy shall not impair the right
of the Authority to any or all other remedies.
17. Indemnification
To the full extent permitted by law, die Board may authorize indemnification by the
Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or
other agent of the Authority, and who was or is a part or is threatened to be made a party to a
proceeding by reason of the fact that such person is or was such a Delegate, alternate, officer,
consultant, employee or other agent of the Authority. Such indemnification may be wade against
expenses, judgments, fines, settlements and otter amounts actually and reasonably incurred in
connection with such proceeding, if such person acted in good faith and in a manner such person
reasonably believed to be in the best interests of the Authority and, in the case of a criminal
proceeding, had no reasonable cause to believe his or her conduct was unlawful and, in the case of
an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as
an ordinarily prudent person in a Tike position would use under similar circumstances.
18. Itmmimiaes
All of the privileges and immunities from liabilities, exemptions from law, ordinances and
rules, all pension, relief, disability, workers compensation and other benefits which apply to the
activity of officers, agents or employees of any of the Members or Associate Members when
performing then respective functions, shall apply to than to the same degree and extent while
engaged as Delegates or otherwise as an officer, agent or other representative of the Authority or
while engaged in the performance of any of their functions or duties under the provisions of this
Agreement.
19. Amendment
This Agreement may be amended by the adoption of the amendment by the governing
bodies of a majority of die Members. The amendment shall become effective on the first day of
the month following the last required member agency approval. An amendment nay be initiated
by the Board, upon approval by a majority of the Board. Any proposed amendment, including the
text of the proposed change, shall be given by the Board to each Member's Delegate for
presentation and action by each Members board within 60 days, which time may be extended by
the Board.
The list of Members, Auachment 1, may be updated to reflect new and/or withdrawn
Members without requiring foetal amendment of the Agreement by the Authority Board of
Directors.
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ORIGINAL
If a Member withdraws as member of RCRC, its membership in die Authority shall
automatically terminate. A Member or Associate Member may withdraw from this Agreement
upon written notice to the Board; provided however, that no such withdrawal shall result in die
dissolution of the Authority as long as any Bonds or other obligations of the Authority remain
outstanding. Any such withdrawal shall become effective thirty (30) days after a =solution adopted
by the Member's governing body which authorizes withdrawal is received by the Authority.
Notwithstanding the foregoing, any termination of membership or withdrawal from the Authority
shall not operate to relieve any terminated or withdrawing Member or Associate Isfember from
Obligations incurred by such terminated or withdrawing Member or-Associate Member prior to
the time of its termination or withdrawal.
80. Misoellan m
a Counterparts. 11his Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the sane instrument.
b. Construction. The section headings herein are for convenience only and are not to
be construed as modifying or governing the language in the section referred to.
C. Approvals. Wherever in this Agreement any consent or approval is required, the
same shall not be unreasonably withheld.
d. Jurisdieflon; Venue. This Agreement is made in the State of California, under die
Constitution and laws of such State aid is to be so construed, any action to enforce or interpret its
terms shall be brought in Sacramento County, Califonia
C. Integration. This Agreement is the complete and exclusive statement of die
agreement among the parties hereto, and it supersedes and merges all prior proposals,
understandings, and other agreements, whether oral, written, or implied in conduct, between and
among the parties relating to the subject matter of this Agreement.
f. Successors; Aeignment This Agreement shall be binding upon and shall inure to
die benefit of the successors of the parties hereto. Except to the extent expressly provided herein,
no Member may assign any right or obligation hereunder without the consent of the Board.
g. Severalifty. Should any part, term or provision of this Agreement be decided by
the courts to be illegal or in conflict with any law of the State of California, or otherwise be
rendered unenforceable or ineffectual, the validity of die remaining parts, terms or provisions
hereof shall not be ahketed thereby.
The parties hereto have caused this Agreement to be executed and attested by their properly
authorized officers.
sasrt.sonoMOSSarrs
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ORIGINAL
LS ADOPTED BY THE MEMBERS:
Originally dated July 1, 1993
Amended and restated December 10, 1998
Amended and restated February 18, 1999
Amended and restated September 18,2002
Amended and restated January 28, 2001
Amended and restated December 10, 2014
MI
I SIGNA7TORES ON FOLLOWING PAGFSj
-12.
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OFIpINAL
SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS
ACKNOWLEDGING RECEIPT OF THE CALIFORNIA HOME FINANCE AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
CITY OF BAKERSFIELD
By:
Dated: S)5/2014-
A.
Title:
Attest:
By (1h,
City Clerk
`4Hes
COUNTY OF ALPINE
By Dated: 09/02/2014
Name: Donald M. Jardine
Title: Chair.
Attest:
BY�W
Clerk of die Board of Supervisors
By: Teola L. Tremayne, Asst. County Clerk
1PLEASE SEND TO:
Cafifonua Home Finance Audtoiity
1215 K Street, Suite 1650
Sa=micnto, CA 958141
6sa71 .a000990e8M.2 o`ePKF9„,
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COUNTYOFAMADOR
Name: Theodore F. Novelli
Title: Chalr
Arrest:
By:
Deputy Clerk of the Board of Supe so
IN_y_ s •
California Home Finance Authority
1215 K Street, Suite 1650
Sa nento, CA 958111
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1215 K StrcM, Soitc 1650
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Attest:
Clerk o rd o Snf pendson
Ir
Calilonnia Hone Finance Authority
1215 K Street, Suitc 1650
Sacnunenlo, CA 958141
9267 I.N)WTWKT277.2
COUNTY OF COLUSA
t'
By:— Z V _ _ Dated: 9123/2014
Name: Kin Dolbow Vann
Tide: Chair,
Coluea County Board
of Supervisors
Attest:
Robert J. Nuazar,
lerk qf t e Boa of Supervisors
erk of Ilse 13 and o Supervisor s
IPLEASE SEND TO
California Home Finance Audunity
1415 K Street. Suite 1650
Saemnenlo, CA 955141
M71.00a00`.�72
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GOOMOVbELNORIE
AnII!bided:
oil
Wom6Honm Fmaxtim-AuffimiW
1216 P Slxtdr. 8ditcJ660
Suziunenta, CA 9.581 Al
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Attest:
I C�ler^k o�f aBo fSulxn'
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CaUfontia Home Piamice Authority
1215 K Street, Suite 1650
Swc euto, CA 958141
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COUNTY OF GLENN
BY �� llaled: niteher B. 2014
f/
Nance: Mike Murray
Tale: Chairman, Board of Supervisors
I' It , i
California Home Fuaulre Audlorily,
1215 K Sueel, Suite 1650
Sarnunento, CA 958141
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Attachment 3 to Agenda Item
/ tv.'{� �I��[ P !
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Name: t¢{ -Glta "GflAp(i
Dated: �` f
Exhibit A to Resolution
Title: Vtw aaev Of+4,t wwy%boldF 50wnt, Board apf $I,I.Pervisars
Attest:
erk of die Board of Supervisor
SSE SEND TO
Califorma Home Finance Authority
1215 K Street, Suite 1650
S�to, CA 958141
M71.00INNI\Ba19M 2
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QRIQINAL
COUNTY OF tns TIUAl.
Name•. Jobn 1. BPI m
Till"' Chaim s board of Supervisors
Attest:
(fit c Boarcl of Sul � rs
California Home Fnance AulLokity
1215 K Street, Suite 1650
Samunenio, CA 958161
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COUNTY OF LAKP.
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"Dense Kun91 - Dided
Chair, Board of Supervisors
ATTEST: MATT PERRY
Clerk of the Hoard
of Supervisors
APPROVED AS TO FORM:
ANITA L. GRANT
County Co uuel
By: _
PLEASE SEND TO:
California Home Finance Authority
1215 K Stmat, Suite 1650
Sacramento, CA 95814
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co scar
1.
Name: LARRY A. WOSICK
Tile: CHAIRMAN. HOARD OF SUPERVISORS
AlIC6t:
>Clerlc nl' II¢ lioa,d of Sup sore
Cal fonua Home Fimulre AulLordy
1215 K Stmcl, Suite 1 G50
Saco muo, CA q581 6q
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COUNTY OF MADEBA
MAIN G _
Ti,lc: CHAIRMAN, BOARD OF SUPERVISORS
1}med: /O i
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Clerk of Oic Moard of Superviso
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Califnnua Home Fimcc AuUioiify
1815 K Slmcl, Sui,c 1650
Sw=icum, CA 95814]
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COUNTY OF MARIPOSA
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Name: KGVYY,` C4Y1n
7ioc: boLm'
AIIasL•
ui k7). C6r
Clink of ILc 13owsl oiSulmrVison 42�vG de
VeM W. M4 iLELQ
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CalJomia Home F'uuaro AuOimity
1415 H Svccl, Sui1c IG5o
Sa nano, CA 958141
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COUNTYOFACIOMOCiNO
By. 4JPinches DaW; September 23, 2014
Na
Title: Chair, Mendocino County Board
of Supervisors
Allest I hereby certify that according to
the provisions of Govemmerd Code
sections 25103, delivery of this
document has been made.
Ulak of the Board ol'Superviwra CARMEL J ANGELO
Deputy Clerk of the Board
By
eputy
Cakifomia Home Finance Aurho ity
1215 K Slreet, Suite 1650
Sanamcnto, CA 958141
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Uu«l: NOY ! 5 2014
y
li.
Name: \j iL b't3nnlo�
Title: l.X,.nCr rv+.ur
Attest:
0 Ak
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Cali1'otnia Home Finance Audtority
121; R Surd, Suite 1650
Sacmncn,%CA 9581,{
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COUNTYOFMODOC
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Title:
Attest:
r
_. Cleric of the Board of1S tpervisors
[PLEASE SEND TO
California Home Finance. Auffiority
1215 K Street, Suite 1650
Sacramento, CA 958141
82671.00sooe 2"J
Dated:
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COUNTY OF MONO
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Ti11c: 5. J-o p/ \/ LS b-
uo+1: 111��n r11 n ppu'nul ,
Clede of Ote Board of Supervisor
Calilonua Home Fumtre Auiliority
1215 K Suet, Suite 1050
Sacramento, CA 958141
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COUNTY OF NAPA
(PLEASE SEND TO:
Califomia Homuc Finumc Audtmiq'
1215 K Strccy Suite 1650
Sarnmmuo, CA 958141
APPROVED AS TO FORM
Office of County Counsel
By:k, 9a�r h u t Tn
Date N, a I—v n-
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RP
Dated:
Namc: IliHN6 Y.l�eh
Tide: Cs a i
Attest: G! ^dVS. 1 Co;1
APPROVED
BOARD OF SUPERVISORS
COUNTY OF NAPA
GLADYS 1. COIL
Clcrk of die Bo Sulwniv>rs
CLERK E BOARD
BY ::Oeptlty
(PLEASE SEND TO:
Califomia Homuc Finumc Audtmiq'
1215 K Strccy Suite 1650
Sarnmmuo, CA 958141
APPROVED AS TO FORM
Office of County Counsel
By:k, 9a�r h u t Tn
Date N, a I—v n-
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COUNTY OF NEVADA
By
Name: Nathan H. Beason
Title: Chair, Board of Supervisors
Arrest
lit M411.O OC OJ 1,_
Clerk of the Board of Supervisors
Approved a to Port:
coupey Co k961
L'LEASE SEND TO
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
easrt.ossommaat 72
Dated:
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COUNTYOFMACIIt p
BY• 1�1 ' Dated: f �j 0
N :Zi�C'aVIG �L`.SC
Tide: l FO
Attest
LV- IAII%N
Clerk of the Board of Supervisors
Ca6fomfa Home Finance Authority
1215 K Street, Suite 1650
Saamnento, CA 958141
M71.DDDDgXUM.2
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Dated:
Name:
ride:
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CRUonwt Home !•uuuxe Authority
1$15 K Street. Suite 1650
Sacramento, CA 95814.1
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CONED Home Fmwre Andborily
1413 K Street, Suite 1630
Saz rnwm, CA 93814)
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- .'PRCYEJ AS TO LEGAL FORM
MN BENITO COUNTY COUNSEL
ASSISTANT COUNTYCOUNSEL DATE
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2014-104
October 7, 2014
COUNTY OF SIERRA
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Dated: October 7, 2014
Name: Paul Roen
Title Chairman, Sierra County Board of Supervisors
Atlesl:
Clede of t6c 110=1 Ol' Supervisors The foregoing 9 rt9 the Wgi C is f
cosec[ copy or the orlglsat:; on
file Is offlco.
Attest:
County dark ow clo Clarll
of the Board of Suparvlsors,
1PIZA$E SEND TO: In and Counbt. CwiPoral4
Califontia Houu Fuwice Authority BV- �
1215 K Strut, Suitc 1050
Sarrutumo, CA 055141
81471.0000wvoasn2.2
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ORIGINAL
B Dated: toile/ I�%
Name: michael N. bse
Tide: Chair, pperd of supervisors
Attest
Colleen Setmer, 117ty Cl k
Clerk of the Bo of $open' rs
1'Y: qty
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
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COUNTY OF SUTFF.R
role: C�atr ��^lctiv�+
Califon Home Fi=a Authority
1415 K Sued, Suite 1650
Sacr iito, CA 958141
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COUNTYOFTEHAMA
Narne:Steve R. Chamblin
Tide: Chairman / Board of Supervisors
Attest, October 21, 2014
Deputy
ClerLof die BoW of Supervisors
(PLEASE SEND TO:
Caldomia Hone Finance Audiori(y
1215 K Street, Suite 1650
Sacresnento, CA 958141
82 1O 0\9083277,2
Dated: OCT t 12014
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Tidc: Cmji
Trinity County Board of Supervieore
C. �tls R :ud nI'Snl><n ieurs
MIFASE SEND TO
Oti&innia Ihome Pisan ,- rluduntilr
1315 E.SInr6 Sniio 1(00
3acrmiculo. CA 959111
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COUNTY OFTUOLUMNE
BY _ Dated:
Name:dJl
Title:
/.r."T,
APPROVED ASTO LEGAL FORM:
��— covmlY COUNSEL
COUNTY OF iVOLUMN-
¢
Clerk of the B and of Supervisors (.� J_q_ ILi
M.DRiVDANI. OAfE
Ij
IFLEASE SEND TO:
California Home Finance Authority
1215 K Street, Suite 1650 j o ,
Sacramento, CA 956141
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COUN/T Y\'OFYOLO
'el/
By, CrJ
Name: V-6' 14 l BV
t- f 501A
California Home finance Authorlry
1215 K Street, Suite 1650
Saclemento, CA 958141
82611.000009083227.2
Dated:
ApMVPD AS TO FORM:
PMIP L POOMICH
BY
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p�0ARE9i1..�
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WOMAM
Name: Johrf-&icnlptti, Chair
Title. Chair
Attest:
Clerk of the Board *Supervisors
Calilonua Home Finance Authority
1215 K Stmet, Suite I650
Sacmiento, CA 958141
xsrut.awaawxssn.s
Daicd: October 2, 2014
APPROVED AS TO FORM
ANGIL P. MORRISJONES
CID CO S
BY:
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ATTACHMENT 1
CALIFORNIA HOME FINANCE AUCHORITY MEMBERS
As of December 10, 201
Alpine County
Annador County
Butte County
Calaveras County
Colusa County
Del Norte County
D Dorado County
Glenn County
Humboldt County
Imperial County
Inyo County.
Lake County
Lassen County
Madera County
Mariposa County
Mendocino County
Merced County
Modoc County
Mono County
Napa County
Nevada County
Placer County
Plumas County
San Benito County
Shasta County
Sierra County
Siskiyou County
Sutter County
Tehama County
Trinity County
Tuolumne County
Yolo County
Yuba County
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ORIGINAL