HomeMy WebLinkAbout2015-044 - Consenting to Inclusion of Properties Within The City's Jurisdiction in the California Home FinanceRESOLUTION NO. 2015-044
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CONSENTING TO INCLUSION OF
PROPERTIES WITHIN THE 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(I) 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 JPK) to formally change its name to the Golden
State Finance Authority; and
WHEREAS, the City of Santa Ana 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
WHEREAS, the City wishes to provide innovative solutions to its property owners
to achieve energy efficiency and water conservation and in doing so cooperate with
Resolution No. 2015-044
Page 1 of 16
Authority in order to efficiently and economically assist property owners the City in
financing such Authorized Improvements; and
WHEREAS, the Authority has established the District, as permitted by the Act,
the Authority JPA, originally made and entered into July 1, 1993, as amended to date,
and the City, desires to become an Associate Member of the JPA by execution of the
JPA Agreement, a copy of which is attached as Exhibit "A" hereto, 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 THAT:
Section 1: 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.
Section 2: 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 theregver by Authority for the purposes
thereof.
Section 3: 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.
Section 4: 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.
Section 5: 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, and report back periodically to this City Council on the success of such program.
Section 6: This Resolution shall take effect immediately upon its adoption.
The City Clerk is directed to send a certified copy of this resolution to the Secretary of
the Authority.
Resolution No. 2015-044
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ADOPTED this 41h day of August, 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By.
o e Sandoval --
hief Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
Vincent Sarmiento, Mayor Pro Tem
for Miguel A. Pulido, Mayor
Amezcua, Benavides, Reyna, Sarmiento (4)
None (0)
NOT PRESENT: Councilmembers: Martinez, Pulido, Tinaiero (3)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015-044 to be the original resolution adopted by the City Council of the
City of Santa Ana on August 4 2015.
Date: .2, l
Clerk of the Council
City of Santa Ana
Resolution No. 2015-044
Page 3 of 16
Exhibit A
A-2015-180
CALIFORNIA HOME FINANCE ALrrHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREMENT
(Original tlate,luly 1, 1993 wit as last amended and restated December 10. 201 4)
THIS AMrNDE:D AND RESTATED JOINT MERCISE: OF POWERS AGREEMENT
("Agreetrieut") is eutcred into by mid amotig the counties listed on Attachment l bereor aril
incorporated heiciii by reference, All such couutics arc relerrod to herein as "Members" with (lie
respective powers, privileges ind restrictiotts provided limiu.
RECITALS
A. WHE:RM- S, die California Rural Home Mortgage Futatice Authority ("ClIHMI'A") was
created by ajoint Exerrpse of Powers Agreemeut dated July 1, 1993 pursuatu to the Joint Exercise
of Powers Act (contmcuchig with Article I of Chapter 5 of Division 7 or Title I of die
Goverttmeut Coale of the State of California (the "Act"). 11y Resolution 2003.02, adopted oti
Jtumary 15, 2003, tits name of the authority was climiged to CRHMFA Homebuyers Fund. The
most recent anuudmetit to the Joint Exercise or Powers Agreemetu was ou January 28, 200,11,
B. WHERI AS, the Members or CRH1Vll7A Homebuyers Fuml desire to ulxhite, reaffirm,
clarify and revise ccrt uu provisions of the joint powers agreement. includitrg die reaa uitig of tie
joint powers authority, m set forth herein.
C. WHEREAS, tie Members am each empowered by law to firm c die construction,
acquisitiou, improvement and a �eltabilitatiou of real property.
D. WHEREAS, by this Agreement, die Members desire to create and establish a joint powers
authority to exercise dicir respective powers for tie purpose of liumicing dic coustmet on,
acquisition, improvemeut and rehabilitation of real property within die jurisdictiou of die Authority
as auttori ed by the Art.
NOW, THEREFORE, in consideration or the mutual covemuts container) herein, die Members
individually and collectively agree as follows:
I. Defutitious
Unless the coutem otherwise requires, die following terms shill 1'or purposes of this
A."reemcut have die meanings specified below:
"ACC" nicams the Joittt Exercise of Powers Act, corumeticing with Article f or Chapter 5 of
Division 7 of Title I of the Gaveriknietu Ccxle of the State of California, including die Marks -Reins
Local Boa d Pooling Act of 1985, as amended.
"Agreement" nicahs this Joint Izerrisc of Powers Agreement, as the same now exists or as it
may from time to tune lie amended as provided liereiu.
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"Associate Member" tnoaus a county, (,fly or other public agency which is not a voting
ntclnber of the liural County Represcittadws of California, a California nonprofit corporation
C`RCIRC"), with legal power ;old authority sinular In thtu of the Members, adulitted pursuant to
paragraph 441, below to associate rlcttlbordiip herein by vote oI the Board.
`Audit Committee" mans it comlrlittec made tip of the nfne•nhcmbcr FACCuuve
Committee.
'Authority" niettns Calilbruia Houle Finance Authority ("CHIC"), formerly krtowu as
CRH.MFA 1-Ionichuyers Punt or California Runl Houk ivtortgtige Itititure Authority.
'Board' nnums the govenihig board of the Authority as described inSection 7 below.
'Bonds' trreuts bonds, Motes, warriuts, leases, certificates of pardlipa;tion, fitstalltncut
pltrehase agreeno.`,lits, loan agreements and other scruritics or obliffadona issued by (lie Authority,
or fttuuncfug agrccntuts entered hto by die Authorty pursuaul to lite Act and any oilier obligtatiou
vviddit file mcatrillg of the tcrm "ldollds" under die Art.
'Dolegtde" nature the Supervisor designated by rile governfag board of each Member to
serve oil the Board ol'the Authority.
°F,xecudve Committee" means ate niuc•mcndxr Executive Conimiuee of lite l3oard
esiablislhed pursuant to Section 10 hercor,
"tinier means any county which is it member of RCRC, has executed Oils Agccment
and has beronic a member of lite Authority.
'011s alions" meads bonds, cotes, warrants, leases, Certificates Of pal'ticipatiolt, itlsudlmeut
ptur•hase agreentelits, loall agreemcats and otter securities or obligations issued by die Authority,
or fillancillg agreccicnts etltered itito by die Authority ptrrsuanu to die Act and any other linaucial
or legal obhgntioa or dw, Authority under tic Act,
'Program" or "Project" means arty work, iniptovcrtwat, program, project or service
uadertakeu by die Authority.
"Rural County Representatives of C'afifornia" or "RCRC" ancaas tiie uooprolit cotity
incorporated under that osute in the State of California,
'Supervisor" menus as elected County Supxrvisor foul all RCRC nicalber eoauty,
2. Purpose
"I'he Ihuryhase of the Audtority is to provide, fivauring for the isequisitioll, colAructiml, ,
improvculout and rehabilitation of real property itr accordance with appGcablc provisions of late
for die benefit of residents and communities, Its pursuit otitis purpose, this Agrcelrrent Iiruvides
lbr the joitit exervise or powers rrtmmon to Sony of its Members and Associate I'Ieinbers as
provided Itcrein, or otherwise tutduarfzed by [lie Art turd other applicabic laws, inctudiug assistiug
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in lumiciuyl as at herein, ioiutly exercised in the inatmer set loath Itercirr.
a. Principal Place of Business
The priucipal office or the Audrorhy slid! be 1215 K Street, Suite 1650, Sacramento,
Galitoruia 9)5814.
4. Creation of Asthortty, Addition of Members or Associate Members
a. t'lae Authority is hereby created lrursuant to tlta Art, As provided ill the Act, ore
Authority sitall Ire a public entity separate and distinct From tale Members or Associalc Members.
Ir. The Authority will cause a uolim er Ellin Agreement or any antendntcut hereto to
be prepared will filed with die ollice Of the Scrrcuu'y or State of Catirerntia ill a tfurely Fashion to
die nuraner act loth ill Section 650M or the Art.
C. A county that is a rncraber or RCRC mxy peddou to become it member of the
Authority by subndldrrg to the Board a resolution or evidcucQ or ocher lbrrnil anion taken by its
goveruirtg body anioptitig this Agreement, The Board shall review the pctitioo for nremberslup
attd shad) vote to approve or disaplrrovo (Ile petition. 1r dte petition is approved by a 111.101`4 of
the Boanl, such Couuay shall unatcdiately ber•Ome a Member of ilia Authority,
d. Ara Associate A2eeuber nuiy, be added to tine Authority upon the adllrmative
Approval of its respective grncmiug board autl pursuant to action by the Authority Board upon
such terms and rcuditious, and with such rights, privileges Will responsibilities, as may be
estatblislred from lime to time by the Board, Such terms :ill vonditious, and r ghts, privileges and
responsibilfties may vary anrotg¢ the Associate Members, Associate Members shall be m1il[ed to
participate in one or more prograrns orthe Audurrity as determined by the Board, but sla not be
voting members of tire. Hoard. The Executive Director or the Authority sliaall eulbrre the tertns
attd coudidom for prospective Associate Members to the Audiorily as provide<I by resolution of
the Bovxl and as alveuded treat tiurc to dine by ills Board. Chmiges in the terms and couditious
for Assocha a Memherslup by tho Board will lot cmistlorte Wa arueodrneut of this Agreement.
5. Teter and Tonnkm arm of Powers
This Agreemcnt shadl bemire epective from, the elate hereof until the earlier or the lime
when all Bonds and ally interest dtercon shadl lurve bceu paid ill full, or provision for such
patymm6 shall have been made, or when the Authority shall uo torigor owo or mold any iva rest ill a
public Capital itnprevenreut or program. '110 Authority shall routhmc to exercise die poavcrs
Itorcin cotderred upon it until ternri a dou or this Agreement, except that Wally Bonds are issued
and delivered, ill un event illall [tic, exercise of the powers hcreur grained he terminated until all
Bonds so issued atld delivered and the interest thcreou shall lave been paid or provision lirr stlela
payout shall have becu mule and Wry oilier debt incurred with respect to any other finanrby;
program established or administered by ale Authority has becu repaid ill Full all([ is uo lougcr
oulstauulirtg,
6, Powers; Restriction upon b'atcrciao
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it. To ellcenauc (ls purposc, the Authority ilurll have Alue power to exercise any and all
powers of tie iiMembers or of a joint powers authority under the Act ruin other apphcal)k
provisions of law, su bicct, however, to ate conditions and restrictions homin colmilved. Elell
hlember or Associate ;Member luny also separately exercise any rwd all such powers. '[lie pouv;rs
ortlic Authority Fire litnital to tlursc orageueral law county.
b. The Authority may adopt, f,otu true to time, such resolutious, guidelines, rules and
regulatious liar the conduct of its mcctlugs acid d)c actividils of the Authority its it cleans uecemary
or desirable to accomplish its pulposc.
C. 'rite Authority slutll have the power to linrul" Alto coustruvIloll, acquisition,
imp rovcment surd rvhabititadou of real pmparty, including the power to purchase, witli the
ani ouuts re,ceival or to be rereived by it pursuma to a baud pureltitsc agmenicnt, bonds issued by
ally of ifs Members or Associate Members and other lord agencies at public or acgot(atcd sale, for
the purpose set Borth hcreiu and ill aecordaice with the Act. All or any part or such bouds so
purchased may be hctcl by the Authority or resold to public or private purchasers at public or
uegoriMed sale. 'rite Authority shall set ally other terms and corwilions of any purchase or sale
coutemplated heroin as it coeds necessary or conmiticut and in furtlieraoce of the Ac•l. The
Authority may issue or cause to be issued bonds or other itiddrteditess, and plcdgc any of its
property or revenues its security to the extent permitted by resolution of the Board under ally
applicable provision of law. 'I lie Authority nay issue Bonds in accordiume will the Act in order
to raise fluucds necessary to ell'ernlate Its purpose heremuler and may cruer itito ag)vvemcuts to
secure such Bouds. 'rite Authority may issue other lbrros of in(eb(cduoss authoriml by tilt Act,
and to secure such dubt, to further such purix).w. The Authority may utilize other toxins of capital,
including, but not limired to, the Authority's interuid resources, capital markets and oilier forms of
priv to capital iovestmeul rnrthorized by the Act..
(. The Authority is W.,ml)y audrariged to do all acts necessary for are cxercist of ils
powers, tucluding, but trot luixited to:
It) executingcoulnwti,
(2) employing agents, comultrults and employees,
(8) acquiring, couslnicdug or providing for rirvutcuauce turd operatiou ortuty
building, work or improvement,
( l) acquiring, holdhtg or disposing of real or personal property wherever
loosed, including property stil)jert to mortgage,
(5) incurring debts, liabilities or obliguiolls,
((i) recciving gifts, contributions and donations or property, I'uucis, services and
any critter forms of assistance twin persons, Ibius, corporations or
governmental ellfitics,
U) suirii; and being sued h) its owu name, trail lialAruilt6l Or sctdiug ally suits or
claims,
(8) doing any rind rill dtiugs necessary or collmlieut to the exercise. of its
specific powcrs and to rlecon)plishiug its purpose
(9) establishing and/or admiuistetirig districts to lirtaure and refinance ill:
aNquiaitirur, (usrallation and improvemerl of energy ellicicucy, water
Resolution No. 2015-044
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eotuervatiou and renewable cuergry [utprovcuteuts to or oil real property
and ill buildings, Uke Authority inay ender into oue or ]'lore agreements,
inctnelnhg without limitation, participation agreenieulssled inlplemcuGdinu
agreements to implenu:ul such programs.
C. Suttjcct to die applicable provisiotls of ally iudeuture or resolution providing for the
Tuvcsuu ut of uhouics held thereunder, the Authority shall have the power to invest any or its funds
its the hoard deer ulv able, ill de $ante manucr and upon the saline rooditioln as roman agencies
pursuant to Section SBGt 1 or the Govcnimciu Code of the %ttc of C,alifamia,
l', All property, equipment, supplies, funds aihd records of die Authority shtdl be
(wiled by the Authority, except as may be provided otrcovise herein or by resolution of the
Board.
g, Pttrstlattt to the provisions of Section 6,108.1 of like Act, the debts, liabilities and
obligations ur the Authority shall not he debts, liabilities and obligations of the Mclubers or
Associate Meehan. Any Hoods, togcdier with luty interest and premium thereon, littall not
constitute debts, lillbilitics or oblitp idols of ally NTember. The Members or Associate Members
hereby a 4rce that amy such Roads issued by the Authority shall riot constitute geucrai oblih-Alious of
the Authority but shall be payable solely limit the moneys pledged to the repaymcut of principal or
itnerest oil such Bouds under die terms of the resolution, itittcuture, trust, agreement or other
iusuunxchit pursusmt to which such Bonds are issued. Neither die Members or Associttc
Members nor the Audnirhy still[[ be obtipyatcd to pay die principal of or premimli, if ally, or
interest au till, lionds, or odrer casts incideuuil thereto, except troll the revenues roil[ funds
pledged dieretor, and neither the 1'iuth and credit nor the: UtAng power of the 4fembers or
Associate Members or die Authority shall be pledged to the play111eut or file principal of or
prerniurn, if' ally, or interest on the Hoods, nor shall die Members or Associate Members of tlhe
Authority be obtiggsrted ill ally msuuler to nntke any appeopr atiou for such payment. No covenud
or 1wreenicru contained ill airy Hood shad) be deemed to he a coveruuu or agreeniuut of any
Delegate, or any otlieer, agent or employee of the Authority in all individual capa ity, and ucidler
tit: board nor ally officer thereof cxecridog die Moods or any document related dhercto shall be
liable pursouaily on ally Houd or be subject to bury personal liability or accountability by reason or
dIC iSSnailce orally BOLA&
7. Govetniug Board
a, The Board shall consist of din." number of Dcleptcs equal to Laic represeldadve
From each N'loniber.
b� The governing body of each Member shall appoint one of its Supervisors to serve
ars a 1)clogale orr tlu: Hasutl. A NTctubcr's sgrpoiuuticut of its Delegate attain bo delivered in wrirhtg
(which ally be by electronic mad) to the Authority and shall be effective until be or she is replaced
by such grrverahtg body or uo louger a Supervssor; ally vacsmcy shall be tilled by the govcrrhiirg
body or the Nfember in tiro satire mariner provided ill dui paragraph b..
c, Tile govetuing body oreach Member of due Board shall appoint a'supervisor its aul
ittena to some tru ire lioald ill AMC= of the Deletatc; the alternate may execs all the
tc
Resolution No. 2015-044
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rights and privileges of itle DulCgale, iuCludiug the right to be COLH VI ill coustilutilllf a quonau, Ur
participate Ill the proecudings of the llottrd, italct to vote Upon awy alld all anattcrs, No idtcrnate
nlity have more th"Ut ocC vote at ally alleeling of the hoard, auul vly Members 4Csignuttiou of au
talteroale shall be delivered ill wridug (which may be by electronic, ina id) to LhC Authority and shall
be d'erlivc moil such altercate is MI)I c'C(I by his Or her governung Italy or is no longer it
Supervisor, tudess othervyke specified ill such appohilmeu6 Any vacancy shall be filled by the
governing body or ike Member fit the s utle mawncr provided ill this paragraph C..
d. Any petsou who is not it member of the governing body of a Member arid who
attends it meeting oil behalfof swell Member may, not vote or be coullled towaaxl it gllorum but
may, at die (HICIC60o ordw Chair, partlCipittC ill OpClt UICCt'lalgs lie Or Sl1C AtWods.
C, Each Associate Member may designate as uoc•votiug representative to the !Board
Who clay licit be Counted tovvaaaxl it quorum but who may attend open meetings, propose agenda
items and otherwise participate in rioaul Meetings.
1'. DcleptcS s11a11 not receive Compensation liar serving its Delegates, but may claim
and receive reimbumment for expenses su•tually fururred fit coeuectiou with such serviee
pm'sataut to rules approved by the lloatrct and subject to the avaibibility or ruutls.
K. The Board shall have die power, by resolutiou, to the extent permitted by the Act
Or ally other applicable law, to exercise any powers of die Authority and to delepte auty of its
i'martimm to the kxceutive Committee or one or more Delegates, officers or agents of tim
Authority, ;kill] to cauic ally authorized Delegue, officer or agent to take Uiy iIVUOlas Rod "CculC
ally documents 16. and ill ill(.- 141111C and oil behalf orlac Borml or the Authority.
h. Tile Board clay establish sticb comallltcas as; it deurns ucressary i'or ally Lawful
purpose; such committees are. advisory Only and may trot act or purport to act oil behalf of the
Board or the Authority.
i. The Board shall develop, or cause to be developed, twat review, modify as
ueccssary, and adopt each Program.
B. Meetings of the Aoaud
R. 'rite liaxard shall meat at (Cast once annually, but may meet more fiequelttly upoc
call of acy officer or as provided by resolution orthe Board.
b. Meetings of the Board shall be called, noticed, held and conducted pursaault to the
provisions of the Ralph M. Brimi Act, Chapter 9 (corameuriug with Section 54950) oi' Pawl 1 of
Division P of Tile 5 or tlic Goveruniew Code of the State of California,
e. 'llte Secretary of the Authority shall cause rilimiles ol'all mectillgs of the hoard to
he taken and distributed to each Memberas soots as possible after each meeting.
(1. The lesser of twelve (i`l) Delegates or a majority or dic number of Curreaal
Oelcgitws shall constitute a quonnn fur transacting busincsa at :my Meeting or the Bo axd, except
Resolution No, 2015.044
Page 9 of 16
that less (hall a quortun may act to Rcljouni a tnectin, Etch Delegtle shall have one vote.
C. 6leetay;s uhay he held at arty location desiphated ill notice properly givcu for R
mectfug and may be conducted by telephonic or similar mewls ill auy nuumcr otherivisc allowed
by lase.
9. Officers, Dudes; Ol olild Bonds
s. The Baatnl shall elect a cluur iutd vice chair from among 1.1m l)elegattcs at the
Board's annual mectihhg who shall serve a lever of oite (1) year or until their respective successor is
elated. I the chair shall conduct the nieetings of dic Board mul pedbmh such other (tulles as maY
he specified by resolution of the Board. The vice chair siudl perform such duties in the abscnec or
in the event elf the uhitivellability, ofam chair,
b. The Board shall contras( annually with RCRCC to administer the Ap, cement and to
provide administrative services to the Authority, wul the presi(Ivut isud ChicHxecutivc Officer of
RCRC shall serve c:r ollnvn as Executive Director, Secretary, Treasurer, and Auditor of die
Authority, As clued executive of the Authority, the CNeculive Director is aut oriaed to execute
coutra cts wad other obliNatous of the Authority, unless prior Board approval is required by it third
party, Icy law or by Board specification, and to perrorm other (tutus specified by the Boanl, The
Executfvo Director may appoint such other officers as ntay be required for the orderly conduct of
the Authority's business and allairs who sltafl serve at the pleasure of the I?xccutvc Director.
Subject to the applicable provisious of silly indenture or resolution providing for a trustee or other
fiscal agent, Uw Exerutive Director, as Treasurer, is desiftnated as tine rustocualk orthe Authority's
lauds, from wlhatevcr source, and, as suelt, shall have the powers, duties and responsibilities
specified ill Section 6605,5 of the Act, The Executive Director, as Auditor, shall Itatve the powers,
duties mull responsibilities specifier) fit Soctiou 6505.5 of tic Act.
C. 'rhe l4sla6c Advocate fihr the Authority shall be the Rural CouutY
Representatives of Calil'oruia.
d. The Treasurer and Auditor w•e public officers who have charge or, ba n(Rc, or have
acccss to all properly of the Authority, aad a boud ror such ollicer in the amount of at least else
hundred thomand dollars (5100,000.00) slhidl be obtained sit die expense of tie Authority and
filed with tile EAccutive Director. Such bunt may secure the fauthfhl perlihnnauce or such
officer's duties with respect to another public office if such bout) fit at IQast the same amours
Specifically tucutious the ollice of the Authority ills requimcl herein, The "rrmu ror who Auditor
shall cause periodic ludepeudcut audits to he nettle of the Authority's brooks by a rcriified public
Rec•ouutauu, or public aevouuliatt, in compliance with Section fi 505 of ills Act.
C. The business of ale Authority shall be coadurle(l under tie supervision of tie
Executive Director by RCRC personnel,
10, T:reentivla Committee of the Authority
It. A
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The Authority dull appoint tulle (IJ) 111cluben o ifs Board to servc oat all l;xeculive
Untmdttce,
11. Powers krud hlmitato
'1'itc Executive colnnlittec shall net in ;ill advisory capacity and make
rcrnnuamnd;dines w the Autun'uy ESosuYl. Duties vill Itlrtt(tle, but unt he limited in, review of file
tlua r(erly ;urd Mutual budgets, scevice as the Audit Commiucc for the Audtority, periodically
review this Agmenrcatt and complete my other tasks as fully be assigtucd by the BOW. The
f;xccutive Corumiucc shall be subject to all Wlliatious iloposcd by this Ageclneut, other
applicable Lov, and resoluliuus or tlac 11mixil.
C. Quorum
A nu4ority of the EAceutive Committee shall constitute a quorum for tra nsaetnag
bushiest; of tlic Executive Conuuittm.
11. Disposition ofAssets
Upou tennination of this Aµmen)eut, all remaitiltlg assets fluff liabilities or the Authority
shall be distributed to (lie respective Members in such loather as shrill be determined by the
Board and ill fuY•ordaure with the law.
12, Agreement Not Exclusive; Operation, in Jurisdiction, of Member
This Agrecnucut shrill not be exclusive, and each Member expressly reserves its rights to
carry out other public capital improvernenus and programs ws provided for by law and to issue:
other oblimutious for (hose purposes. '17tis Agrectucut shall trot be deemed to amend or after the
terms of other agmenients among the Members or Associate Members.
13, Conflict of Tuterest Cade
rule Authority shall by resolution attopt a coulliv( of lattrest Code as required by law.
14, Comdbutioull wd!l dvauces
C`+)W)tributions or advauce5 of public fuurls and of personuuh e(tuipmcut or property uwy
be made to flit, Atubority by any ,Member, Associate Member or ruty other public agency to
further the purpose otitis Agrecnrcut. Paymcut of 1)ublic fuurls may be made to (101Ay thr rust of
any rnntrlbutiou. Any advance may 1w trade subject to repayr clu, and in that rase shall be repaid
ill flit,, ucuuler ageed upon by tine a(lvturciag NEenlber, Associate klentber or other public agency
and tlu: Aulliority at the tine: of making the advance.
15. Fiscal Year, Accouuta; Reposes; Anuun Budget; Administrative Expenses
It. ills lisr'rd year ol'dre Authorityshall be the I>criod tcnm,lkuutttry I oreach yr:artn
Mid including like foilowho; Dcremhcr A I, exvept fur ;uly partial fiscal Year rrsuttiug from a charge
Resolution No. 2015-044
Page 11 of 16
ilk aceotiltilog based ew a diffcrem Gsctl year pretiously.
b. Prior to the beiimning or each fiscal year, die fic card shall adapt a budget for the
succecdfmg fiscal year.
C. The Authority shall tstahlish alit Inaiutilt such t'uuds and accounts as may he
requinel by gencrdly accepted accounting priuciples. The books and recomis of the Authority are
public rccortls and shall be olscu to inspeetiou :at al] rcaisoltabiv tmos by each Member and its
representatives.
it. The Auditor shall either rila(cc, or contrart uida a eerdliod public aerountaul or
public accountat to make, an annual outfit or the accounts all([ records of die Authority. 7`lle
mininum requirements of' the aurlil shall be those prescribed by tic Suue Coutrollcr for special
distlicts rider Scetiou 26909 of the (,overnmcnt Code of the State of Cadil'oruia, and shall
couroraa to geuerally accepted aaditiog stmatards. Wilell an audit of accounts and records is matte
by a certified public accountant or public accouutatut a report thereof ab141 he tiled as it public
record with each Member Guld also with the auditor of Saeruucuto 4camtY as the county it, which
the Authority's office is located) within 12 mouths after the end of the fiscal year,
e, lu fury year in which file animal budget of the Atadiority sloes not exceed live
thousauld dollars 65,000.00), tle Board may, upou urmiincous approval ordic Boaarl, replace tie
annual audit with mi ensuing one-year period, but fit no event for It period lonIfer tiau two fiscal
years.
16, shades ofMemberr or Associate Members; Broach
11' any Member or Associate Member shall default in perf'ormiitg atcy coveuaut volivailled
berein, such deramit shall not excuse that Member or Associate Member from fulfilling its otfier
obligations hcrt:under, and such debudthig Member or Associate Member shall rena:uaa liablc for
the performance of all covctiacnts hereof. Emh Member or Associate Member hereby declares
that dais Agmeruut is eutered into for the. benefit of the Authority created hereby, laid each
Member or Associate Member hemby tuants to die Authority lite right to eurorcc, by whatever
lawlil ineans the Authority deems appropriate, ;ill of tlic obligations or each of file parties
herel.lyder. Each rout all of the remedies given to the Authority hereunder or by any law now or
hereafter ettu•tcd are ctnnulative, and the exercise or one right or remedy, slurp not impair dot liltlu
of the Authority to any or all other remedies.
17, 11nde>muificallou
To the full extent permitted by law, the Board may tmtaol-h itulenulilicadoli by lite
Authority of auay person who is ar wasat Bomxt Delepte, alternate, olliccr, consultant, employee or
other agent or the Authority, :and who was or is a party or is ltreatetied to he irrvle to party to it
proceeding by reason of the fat1 that such person is or was such I Delepie, alteruide, officer,
cotisultam, employee or older aput orthe Authority. Such indemuilicalicn ntly be trade Against
expenses, judgituws, fitias, setteintnts and other anialmtti adUtIlY muf m:aasoeiubly incurred ill
connection Willi such proceeding, if'such person aeled iu good Nth mitt Ili a mumer %it'll Imrsoil
remotlably belim(I to he in the hest interests of ore Authority Kill, fit the raft of at eriutillel
Resolution No. 2015-044
Page 12 of 16
proccachug, had no rcasauablc Cause to bclicsw his or her eoudurl was wilawful and, ill the case of
an action by or ill die (iglu or die Authority, acted with such rare, including rcascluablc inquiry, is
it" ordilla ily imident pCrsou ill a like positiou would use Nudely Awilar circunrslanres.
18, Tmmunides
All cl'rhc privileges and iulntunitics Gant liabilities, excntptious ti• ill law, orchaaams lull
rules, all pousiou, relief; disability, workers' eourpcusadou and otter I)euelits wilicli apply ul the
artvity of olliccrs, agcuts or emplayces of any of the Nlcnrbers or A.ssoviatc Nicnihers wliou
porl'otining their respective liairtow, Shall apply to diem to die simie degree aiul extent wltiic
clliyaged as Delegates or otlienvise as au ollirer, agent or other represcutative of the Authority or
While Cutpaged in;lie performance of Filly of their luuctious or duties under the provisioits of this
Agreement.
19, Amendment
'Pliis Agiveuleut may be amended by dic auloirdou or the anicudincut by die governing
bodies of a majority of flit Members. 'Pile aniclidnhcnt slunk become clle(dve oil the first day of
the lnmtdl [(Mowing the last required rucluber agency approval, Ali iuncudnicut may be initiated
by the Board, upon approval by a majority ol'dw Board, Any proposed amendment, including the
text of the proposed change, sliall be given by the hoard to eacit Nicuiher's ;relegate for
Presentation alld action fly cacti Nlemla`rs board within GO days, which time may be extended by
tile Board.
'rhC [is[ of Members, Atulrhrncllt 1, may lie updated to reflect now and/or ivitidravni
Members without mquiring li)rinal aniendinetit of the Ahrecrnea by file Audlolity Boa1Yl of
Dircetora.
20, WAhdtawaloffMember orAsmciateMember
If a Member withdraws as member of iiCRC:, its membership ill tic Authority Shall
autntlkilirally teriiiiiiaw, A Member or Associate Member may withdraw frolic this Agrcenicut
upon written uotim to dic Board; provided however, that uo such witlidntwal shall result ill tie
disxwlutiou of tie Autiority as long as any Houds or other obliga.tiow of the Authority rcnudn
oulstalulitig, Any such witbclmival shall become effective thirty (30) days after it resolution adopted
by the Ndenhbar's gavaruitig body which authorises tvithdrawal is receiwil by the Authority,
Notividistindiug the lbregoitig, ally lernlinatiou of incmbersbip or widldlawal from the Authority
shall not operate to relieve any terminated or withdrtvsing Nlember or Associate Mornber front
OblWitions incurred by stirit terminated or tvithdrawiug N'Icmher or Associate Nleniber prior to
the little of its termination or tvitlebawal,
20, Misceffsnciow
it. Clitmierparts. This Agreement arty be cxeclucd ill seventl rounterparts, each or
which .Shull be all orihival and all of tvlliell Shall coustitutc Inn true acid tie sane illsu'umcut.
b. construe@on. The section liciulings herein are lbr cauvcuicurc MAY Kill are not to
Resolution No. 2015-044
Page 13 of 16
lac eons ml as nuxlifyitg or govcrriiog die (mrRnntge ill tlac Haden referred to.
C. Approvals. Wherevcr ill this Agmcmeuk atiy consent or approval 6 rcctuired, dre
same shad( not be unreasonably iritldtcld.
d. Jurixdiction; Venue, This Agrecinem is made ill the Stave of Calitbruia, tattler like
Constitution will laws or surh State autl is to be so construed; any action to miliaare or interpret its
Perms shall lye brought for Sacrtaximto County, Calit'ornia.
a Integration. This Agaeemmit is die complete and a cillsive statement of the
,agreement amol% file parties hereto, ;and it supersedes and merges all prior proposals,
unflerelaudings, aild other lWemoalts, whether ond, written, or implied iki coullitm, between and
atuoog die ponces rclatirig to the subject matter ol'this Agmemeut.
I: Successors, Aselgt writ I'lik Agmemetu shall be bikidiug upon mach shall inure to
Lilt, beuelit of like successors oldie parties hereto. 1?acept to die extent expressly provided d la^mirt,
uo a�fenktaer nary assigta any right nr obligatllau Irerctuttler without dke rbusctkt ol'dke lSoard.
g, Severabillty. Should any part, tank or provision of this Agmcmcol lye derided by
the Courts to he illegal or in coullict with ally law of die State 61' California, or otherwise be
rendered unenforceable or iuellectuad, the validity of the mtkuduing parts, terns or provisions
ltercol'shall not be allcctcd thereby,
The parties hereto have rauxcd this Agracm(nt to Ix: executed mid attested by their properly
authorized ollicers.
AS A1)()IYCLiL)�9Yj_HE NIF.A BERSa
Ofiginally dated July I, 1998
Amended and restated December 10, 1998
Anicuded and restated I+ebrum-y 18, 1999
Amended arch rescued September 18, 2002
Anicuded and restated January 28, 2004
Amended cad restated December 10, 2014
1,96 'A77/R463O;VIDUOITTVGRAGASI
Resolution No. 2015-044
Page 14 of 16
SIONATUKE PAGES FCiRI+M.W ASSOiMVrI3 NIF, jBF-1tS
? TTI]ST:
Marian D, HuizaT
Clark of Clio coo n6f
APPROVED AS TO FORM:
SCJhiUR. CA.R4r11_•HO
City Aftcnicy
cat y ssasianu Cityritt MVY
AT"i'E 1+ '_CG11Cfir �'� C hSF FNLt'�'fy;
Go d= StateFiaftiie4- Authority
(fbm=ly CaHbrrua 1.1omc Finance Authority)
1215 K Stivet, Suite 1650
Saexamanto, CA 95814
70ITY III' "YTfi. ftl41SA
A
%dt'wid Ckn4'ws
city i"r):a34ager
Resolution No. 2015-044
Page 15 of 16
ATTACHIAEENT I
CAIHORNIA HOME FINANCE AUTHORITY MEMMERS
As of Deceulhar.1,0.2014
Alploc Couuty.
Anuldor County
Butte Couuty
Cahwer i Coumly
Colusa County
DO Now County.
El Dooldo County.
Clewl County,
Humboldt County
llnpclTd Comity
GLyo Comity
Lake Couuty
1.7sscn Couuty
Madcl-a county
Mariposa County
Mcudwino Couuty
Marred County.
M(Xll)C County
Mono Cotwty
Napa C'ow uy
Nevada County
Placer coulay
PLunuls county
5w1 1Jemlto COLlttty
Shasta Couuty
Simi County
Skkiyou Comity
Suuar County
Tehanla Couuty
Trinity County
Tiluluillna Couluy
Yoln Couuty
Yuba Couuty
Resoludon No, 2015-044
Page 16 of 16