HomeMy WebLinkAboutRES NO 118-15RESOLUTION NO. 1 18-15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
CONSENTING TO INCLUSION OF PROPERTIES WITHIN CITY'S
JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2014.1 (CLEAN ENERGY) TO
FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY
AND WATER CONSERVATION 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, a California joint powers
authority, (the "Authority") has established the Community Facilities District No.
2014-1 (Clean Energy) in accordance with the Mello -Roos Community Facilities
Act, set forth in sections 53311 through 53368.3 of the California Government
Code (the "Act") and particularly in accordance with sections 53313.5(1) and
53328.1(a) (the "District"); and
WHEREAS, the purpose of the District is to finance or refinance (including
the payment of interest) the acquisition, installation, and improvement of energy
efficiency, water conservation, renewable energy and electric vehicle charging
infrastructure improvements permanently affixed to private or publicly -owned
real property (the "Authorized Improvements"); and
WHEREAS, the Authority is in the process of amending the Authority Joint
Powers Agreement (the "Authority JPA") to formally change its name to the
Golden State Finance Authority; and
WHEREAS, the City of Bakersfield ("City") is committed to development of
renewable energy generation and energy efficiency improvements, reduction
of greenhouse gases, and protection of the environment; and
WHEREAS, in the Act, the Legislature has authorized a parcel within the
territory of the District to annex to the District and be subject to the special tax
levy of the District only (i) if the city or county within which the parcel is located
has consented, by the adoption of a resolution by the applicable city council or
county board of supervisors, to the inclusion of parcels within its boundaries in
the District and (ii) with the unanimous written approval of the owner or owners
of the parcel when it is annexed (the "Unanimous Approval Agreement"),
which, as provided in section 53329.6 of the Act, shall constitute the election
required by the California Constitution; and
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WHEREAS, City wishes to provide innovative solutions to its property owners
to achieve energy efficiency and water conservation and in doing so
cooperate with Authority in order to efficiently and economically assist property
owners within City in financing such Authorized Improvements; and
WHEREAS, the Authority has established the District, 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 incorporated area
of the City in financing the cost of installing Authorized Improvements; and
WHEREAS, the City will not be responsible for the conduct of any special
tax proceedings; the levy and collection of special taxes or any required
remedial action in the case of delinquencies in the payment of any special
taxes in connection with the District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
The above recitals are true and correct.
2. This City Council finds and declares that properties in the City's
incorporated area will be benefited by the availability of the Authority CFD No.
2014-1 (Clean Energy) to finance the installation of the Authorized Improvements.
3. This City Council consents to inclusion in the Authority CFD No. 2014-1
(Clean Energy) of all of the properties in the incorporated area within the City and
to the Authorized Improvements, upon the request of and execution of the
Unanimous Approval Agreement by the owners of such properties when such
properties are annexed, 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 CFD No. 2014-1 (Clean
Energy) 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 Authorized Improvements.
5. 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 result in a
potentially significant physical impact on the environment, as contemplated by
Title 14, California Code of Regulations, Section 15378(b) (4)).
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6. 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.
7. City staff is authorized and directed to coordinate with Authority staff
to facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the
City.
8. The City Clerk is directed to send a certified copy of this resolution to
the Secretary of the Authority.
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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
1015 by the following vote:
✓ ✓ ✓ NS ✓
Y' E COUNCIL MEMBER RIVERA, MA%WELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
NOES: COUNCILMEMBER h*N-
ABSTAIN: COUNCIL MEMBER ND" -
ABSENT: COUNCIL MEMBER NJaf1Ll
ROBERTA GAFFORD,(, TF
CITY CLERK and Ex QQ�� icio Clerk of
the Council of the City of Bakersfield
APPROVED SEP 161015
L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
P
By I
ANDREW HEGEUND
Deputy City Attorney
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Attachment
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Exhibit A
JPA Agreement
[to be inserted]
-- Page 4 of 4 Pages —
CALIFORNIA HOME FINANCE AUTHORITY
AMENDED AND RESTATEDJOINT EXERCISE OF POWERS AGREEIAENT
(Original date July 1, 1993 and as 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 listed on Attachment 1 hereof and
incorporated herein by reference. All such counties are referred to herein as 'Members' with the
respective powers, privileges and restrictions provided herein.
A. WHEREAS, die 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 (commencing 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 authority was changed to CRHMFA Homebuyers Fund. The
most recent amendment to (he Joint Exercise of Powers Agreement was m January 28, 2004.
B. WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, reaffirm,
clarify and revise certain provisions of the joint powers agreement, including die 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 a joint powers
authority to exercise then respective powers for the purpose of financing die 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 specified below:
"Ace means the Joint Exercise of Powers Act, commencing with Article I of Chapter 5 of
Division 7 of Title I 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 tht same now exists or as it
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may from time to time be amended as provided herein.
'Anodwe 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 dial of the Members, admitted pursuant to
paragraph 4.d. below to associate membership herein by vote of the Board.
'Audit Commute' means a committee made up of the nine -member Executive
Committee.
Andu*W means California Home Finance Authority ("CHF"), formerly (mown as
CRHNIFA Homebuyers Fund or California Rural Home Mortgage Finance Authority.
'Board' means the governing board of the Authority as described in Section 7 below.
Moo& means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by die Audiority,
or financing agreements entered into by the Authority pursuant to the Act and any other obligation
within the meaning of the term Tonds' under the Act
'DeleW means the Supervisor designated by the governing board of each Member to
serve on the Board of the Authority.
'Executim Commute means the nine-manber Executive Committee of Ole Board
established pursuant to Section 10 hereof.
'Membef means any county which is a member of RCRC, has executed this Agreement
and has become a member of die Authority.
'Obligatiams' means bonds, notes, warrants, leases, certificates of participation, installment
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 financial
or legal obligation of the Authority under the Act.
'Ptugam' or 'Frojece means any work, improvement, program, project or service
undeitakeu by the Authority.
'Rrual County Representatives of Cahkenie or "RCRC means the nonprofit entity
incorporated under that name in die State of California.
'Supervisor' means an elected County Supervisor from an RCRC member county.
£. Purpose
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 Us 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 financutg as auth�--_ ':terein, jointly exercised in the manner set ford[ herein.
3. Principal Place of Business
The principal office of the Authority shall be 141-' K Strcc4 Suite 1650, Sacramento,
California 95814.
4, mon of Authority; Addition of Members ce Associate Members
a. The Authority is hereby created pursuant to the Act. As provided in the Act, the
Authority shall 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 the Secretary of State of California in a timely fashion in
are manner set forth in Section 6503.3 orate Act.
C. AA county that is a member of RCRC may petition to become a member of the
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 the 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 tray be added to the Authority upon the affirmative
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
respomsrhilities 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 die Board. The Executive Director of the Authority shall enforce the terms
and conditions for prospective Associate Members to the Authority as 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.
5. Term and Termination of Powers
This Agreement shall become effective from die date hereof until the earlier of the 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 die powers
herein conferred upon it until termination of tris 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.
Poweta: Restriction upon E:aeiee
a. To effectuate its purpose, die Authority shall have the power to exercise any azul all
powers of the Members or of a joint powers authority under the Act and other applicable
provisions of law, subject, however, to die 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 limited to those of a general law county.
b. The Authority may adopt, from time to time, 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 die 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 Autionty shall set any other terns 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 finds necessary to effectuate its purpose hereunder and may enter into agreements to
secure such Bonds. The Authority may issue other 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
power, including, but no( 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,
(9) 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 forms 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 things necessary or convenient to the exercise of its
specific powers and to accomplishing its purpose
(9) establishing and/or administering districts to (mane 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
pursuanL to Section 53601 of the Government Code of die State of California.
f. All property, equipment supplies, funds and records of the Authority shall be
owned by the Authority, exceptt as may be provided otherwise herein or by resolution of the
Board.
g. Pursuant to the previsions 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, shall not
constitute debts, liabilities or obligations of any Member. The Members or Associate Members
hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of
the Authority but shall be payable solely front 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 die 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 the 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 deemed to be a covenant or agreement of any
Delegate, or any officer, agent or employee of the Authority in at individual capacity, and neither
the Board nor any officer thereof executing the Bonds or any document related thereto stall be
liable personally on any Bond or be subject to any personal liability or accountability by reason of
the issuance of any Bonds.
The Board shall consist of die number of Delegates equal to one representative
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from each Member.
b. 'Ilse governing body of each Member shall appoint one of its Supervisors to serve
as a Delegate on die 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 or each Member of the Board shall appoint a Supervisor as an
alternate to serve on the Board in the absence of the Delegate; the altemate may exercise all the
rights and privileges of the Delegate, including the right to be counted in constituting a quonnn, to
participate in the proceedings of the Board, and to vote upon any and all matters. No alternate
may hacc more dim 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 die 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 the Member in the same manner provided 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 muurd a quorum but
may, at the discretion of the Chau, 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.
C Delegates shall not receive compensation for serving as Delegates, but may claim
and receive rebnbursement for expenses actually incurred in connection with such service
pursuant to odes 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 Committce 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 ]irograrn.
B. Meed of the Board
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a. The Board shall meet at least once annually, but may meet more frequently upon
call of any officer or as prodded 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 Part 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 the Board to
be taken and distributed to tach !Member as soon as possible after each meeting.
d. The lesser of twelve (12) Delegates or a majority of die number of current
Delegates shall constitute a quorum for transacting business at any meeting of tie Board, except
that less than a quorum may act to adjourn a meeting. Each Delegate shall have one ante.
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
by law.
9. Ofceni l wdw, Official Bonds
a. the Board shall electa chair and vice chair from among the 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 die Board and perform such other duties as may
be specified by resolution of die Board. The vice chair shall perform such duties in the absence or
in die even of the unavailability of the chair.
b. The Board shall contract ahmually with RCRC to administer the .4greement and to
provide administrative services to the Authority, and the President and Chief Executive Officer of
RCRC shall serve ex officio 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 dudes speed 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 msponnbilities
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 Act.
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 die expense of the Authority and
filed with the 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 die Authority's books by a certified public
accountant, or public accountant, in compliance with Section 6505 of die Act.
e. The business of the Authority shall be conducted under the supervision of the
Executive Director by RCRC personnel.
10. Execartve Commitste of the Authority
a. Composition
The Audhority 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. 71he
Executive Committee shall be subject to all limitations imposed by this Agreement, other
applicable law, and resolutions of the Board.
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A majority of the Executive Committee shall constitute a quorum for Iransacting
business of the Executive Committee.
11. DiapumtanofAssets
Upon termination of this Agreement, all remaining assets and liabilities of the Authority
shill 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 Ettdwivq Opmwion in jmudiction of Membu
This 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
otter obligations for those purposes. This Agreement shall not be deemed to amend or alter the
terms of otos agreements among die Members or Associate Members.
13. Conflict of Inb=d Code
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The Authority shall by resolution adopt a Conflict. of Interest Cale as required bylaw.
14. Corimburfiom and Advances
Contributions 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. Any advance may be made subject to repayment, and in that case shall be repaid
in the manner agreed upon by the advancing Member, Associate Member or other public agency
and the Authority at the time of making the advance.
15. Fist Year, Accounts; Repmta; Annual Budget Administrative Expmxa
a. The fiscal year of the Authority shall be die period from January 1 of each year to
and including the following December 31, except for any partial focal 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 adopta budgetfor the
succeeding fiscal year.
C. The Authority shall establish and maintain such funds mid accounts as may be
required by generally accepted accounting principles. The books and records of the 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 accounlahu 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 the Government Cale of the Slate of California, 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 Sacramento 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 budgetof the Authority does notexceed five
thousand dollars ($5,000.00), the Board may, upon unanimous approval of die Board, replace the
annual audit with rah ensuing one-year period, but in no Brent for a period longe 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 dim 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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die performance of all covenants ]hereof. Each Member or Associate Membei hereby declares
that this Agreement is entered into for the benefit of the Authority created hereby, and each
Member or ,associate Member hereby grants to the Authority the right to enforce, by whatever
lawful means the Authority deems appropriate, all of die obligations of each of the parties
hereunder. Fadi and all of the remedies given to the Authority hereunder or by any law now or
hereafter enacted are cumulative, and die exercise of one right or remedy shall not impair the right
of the .authority to any or all other remedies.
17. Indemnification
To the full extant permitted by law, the 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 party or is threatened to be made a party to a
proceeding by reason of the fan that. such person is or was such a Delegate, alternate, officer,
consultant, employee or other agent of the Authority. Such indemnification may be made against
expenses, judgments, fines, settlements and other 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 alike position would use under similar circumstances.
18. Immmites
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
perfomhing their respective functions, shall apply to them to the same degree and extent while
engaged m 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 die adoption of the amendment by the governing
bodies of a majority of the Members. The amendment shall become effective on the first day of
the month following the last required member agency approval. An amendment my be initiated
by elle Board, upon approval by a majority of die Board. Any pmposed 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, Attachment 1, may be updated to reflect new and/or witidmwn
Members without requiting formal amendment of the Agreementby the Authority Board of
Directors.
82671 AOOOD.9O884]2.2
-to-
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 the
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 resolution adopted
by die Members 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 Member from
Obligations incurred by such terminated or withdrawing Member or Associate Member prior to
the time of its termination or withdrawal.
£ll. Mieea➢anecan
a. Conoterparm This Agreementmay be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
b. Construction. The section headings herein are for convenience only and are not to
be cousWed 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. Jam: Vmue. This Agreement is made in the State of California, under tie
Constitution and laws of such State and is to be so construed; any action to enforce or interpret its
terms shall be brought in Sacramento County, California
e. L**rdfion. This Agreement is the complete and exclusive statement of die
agreement among the patties hereto, and it supersedes and merges all prior proposals,
understandings, and other agreements, whether oral, written, or implied in conduct, between and
among the paries relating to the subject muter of this Agreement
f. Successon; Ash 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. Sevnabilily. Should any part, tern 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 pans, terms or provisions
hereof shall not be affected thereby.
The parties hereto have caused this Agreement to be executed and attested by their properly
authorized officers.
8=1 0000YINOGW7.2
tLLkl:'J
AS 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
,mended and restated January 28, 2009,
Amended and restated December 10, 2014
I SIGNATl IRES ON FOLLOWI G PAGES]
826'l1.0000 WB82r).2
-12-
COUNIT OFALFINE
O.By: N Dazed: 09/02/2014
Name: Donald M. Jardine
Title: Chair.
Attest:
BY�� "` 'VI*
Clerk of de Board of Supervisors
By: Teola L. Tremayne, Asst. County Clerk
II�_Ya:.n ►a
California Hone Finmce Audtority
1215 K Street, Suite 1650
Sacrnnenlo, CA 958141
846'/1.00 W M9D63P]).4
m
C0 J� R A
By. ^ .f Dated:
Name: Theodore P. Novelli
Tide: Mairvan
Auest:
California Home rh=ce Authority
1215 K Street, Suite 1650
Sac nenm, CA 955111
99611.00000t90M".2
COUNTYOFBU M
Br "'�Dated:
m
Nae: D-ol lT,"
Tek: 0"-, rl `At lfo vq
Atteou
xnf
By: � _.......
Hoart orSupervison
lahrmua Home buwuo Audmrity
1215 K SUDd, Suite M50
Swiwncuto, CA 958141
a ffi'/I.000OP9YBU"j
COUNTY OF CAI.AVEM
By-. —& iL Pt -v-\ -�Z. Datal:ql�tg
Nmuc:
Tidy.
Attest:
Clerk of ille I4Oami n Supemson
Cal$bmia Hmnc Fintmcc Authority
1215 K Strcet, Suiic 1650
Sacranento, CA 958141
xw71.oDOV,Waa217.2
Q,j+F(.Tn
COUNTY OF COLUSA
By: Dated: 9/23/2014
Name: Kin Dolbow Gana
Tide: Chair,
Colusa County Board
of Supervisors
Attest:
Robert J. Musser,
lerk f �Boaof eora
ierk of the
Califonva Homc Futancc Authority
1215 K Strecl, Sufic 1650
Sacramento, CA 958141
affin.eW0UA9aa4]]5
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CQtWMOFbELkom
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CffonL74i106iC.H108tICC-AudiMiW
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Attesl:.JAmrs S/� ' o� sacs
-1 (perk of O c Baud f6f Supervie
*� erwc
CaWmiia Homo Fuwue Audwrity
1415 K Street, Suite 16.50
Sacr uto, CA 958141
a 140OIU111 72
< 2'NrrE
�• hll M' • ail�l
By. / ..� Dated: 2=oh r B. 2019
4
Name: Mike Murray
Tale: Chairman, Board of Supervisors
C"onua Hone Fuxure Audionly
1215 K Stme4 Suite 1650
Swmmmd% CA 958141
ml.000mo ns
Attachment 3 to Agenda item
0 0 .1J it 0 J
Dated:
Name. Esklte }inno(!
Exhibit Ato Resolution
Title: VicC Ck xz! &f 44%c WK/YtbO dO J &-'rot a 5t• Ferv1s"s
Attest:
erk of the Board of Supervisor
Califon Home Fiuutre Authority
1215 K Street, Suite 1650
Sacramento, CA 9.58141
ess�t.aonnnvnoasrt.s
`hpt�F�
11➢: '�
Name: john Y. SSnieoa
Tille: Chalmao, Board of Sllperaieora
Atbtd:
(lcl . Board orSupervuon
California Home Momm Audlody
1215 KStrcct, Suitc 1&50
Sacramento, CA 953141
MI ODOW1~72
��i Dand
f5hdr, Bound of Supwvism
ATTEST: MATTFERRY
Clxk of the Bold
of Supwvim
By.
APPROVED AS TO FORM;
ANTTA 4 GRANT
Courcy Counsel
BY..
CeSfwuie Homme Fmwme Auto city
1215 R Street Suite 1650
Summenm, CA 95814
R671,eWW,ew32Tl2 _ _�� Iffi
i:,if.io i..�
co HN
Name: LARRY A. BOSICK
Title: CBAIRMAB, BOARD OF SUPERVISORS
CalBomia Home Fiowtre Audu *
1215 K Stma/, Suite 1650
-Saetameuto, CA 958141
Dined: /
m
i
i
I}ucd: /19 `- i'--
Title: CHAIRMAN, BOARD OF SUPERVISORS
r/
c1eh�� superviso "
Califontia Home Fuwsc Au0tority
1215 K Slm4 Suite 1650
San==to, CA 958141
lwt.0000w9�4
COUNTT OF MARIPOSA
BY1 1)a1a1: /6
Nana: �f-vo C A -w)
FRS
.ez %- CGS
aVF:DCi}
c�k urILc liuw,d ui Superviso�a G J /,��Y� �
&7EVM W.:DAHLEMC
CC%i9dT1'CCHW SEL
CaUlbnlia Ham Fha c Autluaily
1215 K Sired, Sade 1656
Sar Mlo, uk .%8141
tlbin.WpOP9p8a x
COUNTY OF MMMOCINO
B1:
Na4JPinches
Tifiv Chair, Mendocino County Board
of Supervisors
Attest
Clal! Cif tlu Board d'Supmm
Deputy
California Home Financo Aut Mrity
1215 K Street, Shite 1650
Saaamemo, CA 955141
a as�r.mmMeeens
Nit& September 23, 2014
I hereby c"y that ao=ft to
Me provrsian of Oovamw> t COde
seWons 26103, dellvery of Mb
doounrd hes Asan trade.
CARMEL J ANOELo
Clerk of Me fiord
BY'
eWb
PYr.
COUNTY OF MERCED
NOY S 5 2014
ts}: uvea:
Name: rs\�. i? b't3 yw;O--1
Title:
Attest:
0 ——
rk of I , &rant n
Calil'onua Home Fivaurc AnUtority
1215 R S(mo, Suite 1650
Satnunow, CA 41.581,14
W.71 oOnnR^U77.a
�,RKFy:
COUNTYOFMODOC
Title:
Attest:
r
:.clerk of du Boatd of�; ncrvi:atrs
California Home F1 MSe .4udtority
1215 K Street, State I650
Sacramento, CA 958141
evs>i.omovnmssns
Dated: 9 .
OOUNTYOFMONO
ISI:�i ,YN'._
Name: �l� M 1<`. �0 N.J• STA-[
Tdle: SJO P�+—�/ VS ML
t IMS
C Wbruia Homc Yzm" Aulliorily
1215 K Sheet, Style 1641
Samamenm, CA 958141
ewn.m000a 4
COUNTYOFNAPA
13):'.� V1AI Y " ]ialC11:
Nnle:
Title: l/;,
Attest: G'." y s. 1 Co ( APPROVED
BOARD OF SUPERVISORS
COUNTY OF NAPA
GLADYS 1. COIL
Clerk of Ilu Heard Sulxrvisnrs CLERK OF E BOARD
BY H; .Deputy
California Home Fitumcc Authority
1215 K Street, Suite 1650
Saaameno, CA 958141
APPROVED AS TO FORM
Office of COU* Counsel,
By:
Date:1112114
asmt.asauaareasnx
COUNTY OF NEVADA
Name: Nathan H. Beason
Title: Chair. Board of Supervisors
Attest.•
Clefk of the Board of Supervisors
Approved a � to Porn:
Cok"61
[PLEASE SEND TOSEND TO:
California Home Finance Authority
1215 K Sure; Suite 1650
Sacramento, CA 958161
aWt.s000vnssasnl
Dated:
r
COUNTY OF FI ACER
By: , � Dated:_
N :�7CSVi C� 5 (' �
Title: FO
Attest: }Y
Clerk of the Board of Supervisors
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
M71 ODODasa M.2
Daoui:
'Name:
rwc d%(if!/7/SCJ
•T. �. Tia' ,
f7MOmia Home-kuwx Audaritp
1$15 K Suve e,Suite 1850
Sa ri we, CA 958bg
910ISWUPYdIe""A
COMM OF SAN BERM
Talc chair � Sah 6w k L' ,ag4f
b r� oC supervtim
Ames:
Call' Ho Fuauue AmMrity
1213 K suer{ SuBe 1630
Sammento, CA 938141
M�yffi�s
Y1lC��.JAS TO LEGAL FORM
3AN BENITO COUNTY COUNSEL
kN
S STAN OCOUMYCOIM 4LDATE
;ta�
2014-104
October 7, 2014
COUNIY OF SIERRA
i r
Dated: October 7, 2014
Name: Paul Roen
Title: Chairman, Sierra County Board of Supervisors
Attest:
C.7cA of the Boatel of Supervisors The Fo15 a
'W"
Rene
A dof 4®lmd
MM TO: In aW f
Ca&fondR Houu Funke Authority
1215 K Street, Suite 1650
Sartanunto, CA 958141
Rw I.w"M..%M2
Dated t o 1 'd (1l
Name: Michael ta.
Tule: Chair, Poard of Supervisors
Attest:
Cblleen Setaer, p7ty Cl
Clerk of the BoaIj of Supm on
Ay: Deputy
California Home Finance Authority
1815 H Street, Suite 1650
Saaameom, CA 958141
mi 0000a5008277S
COUNTY OF SUrrER
By . Warta: i'i-,�l-•11-r
Title:
CafiConril Nome Fjimm Audiwity
1415 K Susd, Suite MW
Sur-ameNo, CA 958141
�LODOOueoe M
• LL•11. • MllyL\
By: - z .. ,,,�//` ' r Dated: OCT 212014
Name:Steve R. Chamblin
TiOe: Chairman / Hoard of Supervisors
Attest October 21, 2014
Deputy
Clcr of t11e Bo of Supervisors
Califomia Home rinance Authorip
1215 K Street, Suite 1650
Sacrmnento, CA 958141
8%71.0 \9=2773
o 0
AS ;may[,
Ai°2 "yD i i J.�
, i1,C Chairnea
TrWty County Hoard of Supervisors
C. li ctrl nCSupert i+uu
I[3i�_yi�9_�flRlllCa�
Calilomia llomc Pimm ,-Awhu ih,
121,5 6 .Svrl1..Sicue I 6.50
Sarom,nio, ('A 9581 11
9167 1.1 XNY1Wg1Y .!
COUNTY OF TUOLUBM
By: R " - Dated: C)( I Ll.
Name: Rul -&1 t)
Tide:
Attest:
AV -ROVED ASTO LEGAL FORK•
CCW.f YCOUNSEL
C uOU WTY UPTUOLUMNE
Clerk of the and of Supervisors M J—— lif
WL DRIVOAIHL OlM
[PLEASE SEND TO:
California Home Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 95819.1
9ffi 1.0000%9083' 71
COUNTY OFYOLO
By: v
None: T�yt
Title: (f /"
�ISi 7I.F�`1�IU1 •
Califomia Hoene Finance Authority
1215 K Sueet, Suite 1650
Sachamento, CA 958141
I I.ODDonl OM7.s
Dated: LWm
APPROVBDAS M FORM:
PiU1 L POOLB=f
,l K `%
COUNTY OFYUBA
0
Namc: John tti, Chair
Title Chair
flllcxl:
CIcrF: of the 13ourl 6TSulicimsors
Califonua Home Finance Aulhoriry
1215 K Street, Suite 1650
Sacramento, CA 958141
sxn.MWL�77.2
Dalai: October 2, 2014
APPROVED AS TO FORM
ANGIL P. MORRIS-JO,4ES
CO S
BY:
/
ATTACHMENT 1
CALIFORNIA HOME FINANCE AUTHORITY MEMBERS
Alpine County
Amador County
Butte County
Calaveras County
Colusa County
Del Norte County
D Dorado County
Glenn County
Humboldt County
Imperial County
Inyo Count.
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 Count•
Tuolumne County
Yolo County
Yuba County
�nHY�
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
Title
Attest:
By
City Clerk