HomeMy WebLinkAboutResolution No. UB-08-2016RESOLUTION NO. UB -08-2016 ,
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE
CITY OF AZUSA CALIFORNIA, 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 Azusa (the "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, the 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 the City in financing such
Improvements; and
WHEREAS, Authority has established the Authority PACE Program, which is such a
voluntary contractual assessment program, 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 jurisdiction of the City in financing the cost of installing Improvements; and
WHEREAS, the 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 that the Utility Board/City Council of the
City of Azusa does hereby finds, determines and declares as follows:
SECTION 1. The City Council finds and declares that properties in the City's
incorporated area will be benefited by the availability of the Authority PACE Program to finance
the installation of the Improvements.
SECTION 2. The City Council consents to inclusion in the Authority PACE Program of
all of the properties in the jurisdictional boundaries of the 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
there over 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 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.
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 PACE Program 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.
SECTION 7. The Mayor shall sign this resolution and the City Clerk shall attest and
certify to the passage and adoption thereof.
PASSED, APPROVED and ADOPTED this 26`h day of September, 2016.
oseph TZomero Rocha
Board Member/Mayor
ATTEST:
3 f e nce Cornejo, r.
Secretary/City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. UB -08-2016 was duly adopted
by the Utility Board/City Council of the City of Azusa at a regular meeting thereof, held on the
26`h day of September, 2016, by the following vote of Council:
AYES: BOARD/COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: BOARD/COUNCILMEMBERS: NONE
ABSENT: BOARD/COUNCILMEMBERS: NONE
�tffy a,�j Cornejo,J ,
City Cler%
APPROVED AS TO FORM:
BesTAomey
Krieger, P
City
Exhibit A
JPA Agreement
CALIFORNIA HOME FINANCE AU'T'HORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(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 arnong lire counties listed on Attachment 1 hereof and
incorporated herein by reference. All such counties are referred to herein as "Members" widi tie
respective powers, privileges and restrictions provided herein.
I��Cylla-t7
A. WHEREAS, die California Rural Home Mortgage Finance Authority ("CRHMFA") was
created by a Joint Exercise of Powers Agreement elated July 1, 1993 pursuant to the Joint Exercise of
Powers Act (commencing widh Article 1 of Chapter 5 of Division 7 of Tide 1 of die Government Code
of tic State of California (the "Act"). By Resolution 2003-02, adopted on Jumauy 15, 2003, die name
of the audiority was changed to CRHMFA Homebuyers Fund. The most recent arnenchncnt to the
Joint Exercise of Powers Agrcemeut was on January 28, 2004.
B. WHEREAS, the Members of CRHMFA Homebuyers Fund desire to update, rcallirm, clarify
and revise certain provisions of dhc joinL powers agreement, including the renaming of tic joint powers
authority, as set forth herein.
C. WHEREAS, die Members are each empowered by law to finance die construction,
acquisition, improvement and rehabilitation of real property.
D. WHEREAS, by tris Agreement, die Members desire to create mid establish a joint powers
authority to exercise their respective powers for the purpose of hriancing die construction, acquisition,
improvement and rehabilitation of real property widiin die jurisdiction of the Authority as authorized
by die Act.
NOW, THEREFORE, in consideration of the mutual covenants contained herein; die Members
individually and collectively agree as follows:
Definitions
Unless dhc context otherwise requires, the following terms shall for purposes of this Agreement have
the meauings specified below:
"Act" mcans tie Joint Exercise of Powcrs Act, commencing wide Article 1 of Chapter 5 of
Division 7 of Tide I of tie Government Code of tic State of California, includirig tie Marks -Roos
Local Bond Pooling Act off985, as unendcd.
"Agreement' means this Joint Exercise of Powers Agreement, as the same now exists or as it
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 ("CHF"), forhnerly known as CRHMFA
Homebuyers Fund or California Rural Home Mortgage Finance Authority.
"Board" means die governing board of die Authority as described in Section 7 below.
"Bonds" means bonds, notes, warrents, leases, certificates of participation, installment purchase
agreements, loan agreements and other securities or obligations issued by die Authority, or financing
agreements entered into by die Authority pursuant to die Act and any other obligation within die
meaning of die term "Bonds" under die Act.
"Delegate" means die Supervisor designated by die governing board of each Member to serve
on die Board of the Authority.
"Executive Committee" means die nine -member Executive Committee of the Board
established pursmuhl to Section 10 hereof.
"Member" ni"is any county which is a member of RCRC, has executed this Agreement and
has become a member of tic Authority.
"Obligations" means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loarh agreements and other securities or obligations issued by die 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.
"Program" or "Project" meuhs any work, improvement, prograhn, project or service undertaken
by die Authority.
"Rural Comity Representatives of California' or "RCRC" means die nonprofit entity
incorporated under that name in die State of Califonna.
"Supervisor" means an elected County Supervisor from an RCRC member county.
2. Purpose
The purpose of the Authority is to provide financing for die acquisition, construction, ,
improvement and rehabilitation of real property in accordance with applicable provisions of law for die
benefit. of residents and communities. In pursuit of this purpose, this Agreement provides for dhc joint
exercise of powers common to any of its Mcmbcrs and Associate Members as provided lhcrein, or
otherwise authorized by the Act and other applicable laws, including assisting in fivaihcing as authorized
herein, jointly exercised in die ma»ncr set forth herein.
3. Principal Place of Business
The princijW office of die Authority slill be 1215 K Street, Suite 1650, Sacramento, Califoruia 95814.
4. Creation of Authority; Addition of Members or Associate Members
a. The Authority is hereby created pursuant to the Act. As provided in the Act, die
Authority shall be a public entity separate and distinct from die 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 ofCalifornia in a timely fashion in die
manner set forth in Section 6503.3 of the Act.
C. A 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 ol' other formal action takcn by its
governing body adopting this Agreement. The Board shall review die petition for membership and
sliall 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 die Authority.
d. Ali Associate Member may be added to the Authority upon the alfirnatvc approval of
its respective governing board and pursuant to action by tie Authority Board upon such terms 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 anhong the
Associate Members. Associate Members shill be entded to participate in one or more programs of the
Authority as determined by the Board, but shall not he voting members of the Board. The Executive
Director of tic Authority shill enforce die terns and conditions for prospective Associate Members to
the Authority as provided by resolution of tie Board and as amended from 6nhe to time by the Board.
Changes in the terns incl conditions for Associate Membership by the Board will not constitute an
amendnnent of this Agreement.
5. Term aid Termination of Powers
This Agreement shall become effective from the date hereof until die earlier of die time when
all Bonds aid any iutcrest thereon shall have been paid in full, or provision for such payment sliall
have been made, or when the Authority shsdl no longer own or hold any interest in.a public capital
improvement or program. The Authority shall contnue to exercise the powers Therein conferred upon
it, u1161 termination of this Agreement, except that if any Bonds are issued and delivered, in no event
shill the exercise of die powers herein gr-anecl be terminated until all Bonds so issued and delivered
aid the interest thereon sliall have been paid or provision for such payment sliall have been made and
any other debt incurred with respccl to any other'linancing program esGiblislhcd or administered by the
Authority has been repaid in full and is no longer outstanding.
6. Powers; Restriction upon Exercise
a. To effectuate its purpose, the Authority shall have the power to exercise any and all
Bowers of die Members or of a joint powers authority under die 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 airy 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 Authorityas it deems necessary or
desirable to accomplish its purpose.
C. The Authority shall have the power to thhance 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 die purpose
scL'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 teens 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 die extent
permitted by resolution of die Board under any applicable provision of law. The Authority may issue
Bonds in accordance with die 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 other lotnhs of
indebtedness audhorizcd by die Act, mud to secure such debt, to further such purpose. The Authority
may utilize other forms of capital, including, but not limited to, die Authority's internal resources,
capital markets and other forms of private capital investment authorized by die Act..
d. The Authority is hereby authorized to do all acts necessary for die exercise of its
powers, including, but not limited to:
1) executing contracts,
2) employing agents, consultant's 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 mid .my
other forms of assistance from persons, limns, corporations or governmental
entities,
7) suing and being sued m its own name, and litigating or settling airy suits or claims,
8) doing airy and all things necessary or convenient to die exercise of its specific
powers and to accomplishing its purpose
9) establishing aril/or administering districts to finance and refinance die acquisition,
installation and improvement of energy efficiency, water conservation and
renewable energy improvements to or on real properLy and in buildings. The
Authority may enter into one or more agrceuneuts, iucludiug without limitation,
participation agreements wid implementation agreements to implement such
programs.
C. SubjccL to the applicable provisions of airy indenture or resolution providing for the
invesunenL of monies held thereunder, die Authority shall have die power to invest any of its thirds as
the Board deems advisable, in the same manner and upon the sane conditions as local agencies
pursuant to Section 53601 of the Government Code of the State of California.
f All property, equipment, supplies, funds and records of tic Authority shall be owned
by the Authority, except as may be provided otherwise herein or by resolution of die 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 mud obligations of the Members or Associate
Members. Any Bonds, together wide any interest and premium thereon, shall not coustitutc debts,
liabilities or obligations of miy Member. The Members or Associate Members hereby agree that any
such Bonds issued by the Authority sliall not constitute general obligations of the Authority but shall be
payable solely from the moneys pledged to the repayment of principal or interest oil such Bonds under
the tcnms of the resolution, indenture, trust, agreement or other instrument pursuant to which such
Bonds are issued. Neither the Members or Associate Members nor die Authority shall be obligated to
pay the principal of or premium, if arty, or interest on die Bonds, or other costs incidental dnereto,
except from die revenues and funds pledged therefor, and neither dne 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 Che 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 airy officer, agent or employee of Ilse Authority in at individual capacity, and neither
the Board nor .uty 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 Clic
issuance of any Bonds.
Governing Board
a.The Board sliall consist of die number of Delegates equal to one represent. vc froth
each Member.
b. The governing body of each Member sliall appoint one of its Supervisors to serve as a
Deleg.hte on the Board. A Member's appointment of its Delegate shall be delivered in writing (which
may be by electronic mail) to die Authorityand nd shall be cllcctivc until lic or she is replaced by such
governing body or no longer a Supervisor; mty vacancy sh;ill be filled by die governing body of the
Member in the same manner provided in this paragraph b..
C. The governing body of cath Member of the Board shall appoint a Supervisor as an
alternate to serve on die Board in die absence of the Dclegate; die alternate may exercise all the rights
and privileges of the Delegate, including dhe right to be counted in constituting a quorum, to participate
in die proceedings of the Board, and to vote upon any mid all matters. No alternate may have more
dhan 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. Achy vacancy shall be lillcd by the governing body of die Member in the
same, mariner provided in tris paragraph c..
d. Any person who is not a member of the governing body of a Member and who attends
a meeting oil behalf of such Member may not vote or be counted toward a quorum but may, at the
discretion of dhc Chair, participate in open meetings he or she attends.
C. Each Associate Member may designate a non-votiiig representative to the Board who
may not be counted toward a quorum but who may attend open meetings, propose agenda items and
odierwise participate in Board Meetings.
1'. 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 rules
approved by die Board and subject to the availability of funds.
g. Tile Board shall have the power, by resolution, to die extent permitted by the Act or
any other applicable law, to exercise any powers of the Authority and to delegate any of its Imrclious to
die Executive Committee or one or more Delegates, officers or agents of die Authority, and to cause
any authorized Delegate, officer or agent to take any actions and execute any documents for and in the
mune and on behalf of die Board or die 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 oil behalf of die Board
or die Audhority.
i. The Board shall develop, or cause to be developed, and review, modify as necessary,
and adopt cacti Program.
8. Meedrhgs of the Board
a. Tire Board shall meet at least once annually, but may meet more frequently upon cal
of , -my ollicer or as provided by resolution of die Board.
b. Meetings of die Board shall be called, noticed, held and conducted pursuant to Clic
provisions of the Ralph M. Brown Act, Chapter 9 (commencing widh Section 54950) of Part I of
Division 2 of Tide 5 of die Government Code of the State of Caifonria.
C. The Secretary of tie Authority slhal cause minutes of all meetings of die 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 die number of current Delegates
shall constitute a quorum for thausacting business at any meeting of dhc Board, except that less dial' a
quorwn 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 nhcarhs in arry mariner odrerwise,lowed by law.
9. Officers; Duties; Official Bonds
a. The Board shall elect a char and vice char from among die Delegates at die Board's
annual nicebrig who shall serve a term of one (1) year or until their respective successor is elected. The
chair shall conduct die meetings of die Board and perform such other duties as may be specified by
resolution of the Board. The vice chair shall perform such duties in die 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 die Authority, and die President and Chief Executive 011icer of
RCRC shall serve ex officio as Executive Director, Secretary, Treasurer, and Auditor of tic Authority.
As chief executive of the Authority, die 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 perforin other duties specified by die Board. The Executive Director may
appoint such other officers as may be required for die orderly conduct of die Authority's business and
adlairs who shall serve at die pleasure of tie Executive Director. Subject to the applicable provisions of
any indenture or resolution providing for a trustee or other fiscal agent, die Executive Director, as
Treasurer, is designated as die custodian of die Authority's funds, From whatever source, and, as such,
shall have die powers, duties and responsibilities specified in Section 6505.5 of tie Act The Executive
Director, as Auditor, shall have die powers, duties and responsibilities specified in Section 6505.5 of
tie Act.
C. The Legislative Advocate for tie Authority shall be die 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 tie Authority, and a bond for such officer in die amount of at least one
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 die faithful performance of such officer's duties
with respect to ,mother public office if such bond in at leastdie same amount specifically mentions die
office of the Authority as required herein. The Treasurer and Auditor sliall cause periodic
independent audits to be made of the Authority's books by a certified public accounta it, or public
accountant, in compliance with Section 6505 of die Act_
C. The business of tie Authority shall be conducted under die supervision of the
Executive Director by RCRC personnel.
10. Executive Committee of the Authority
a. Composition
The Authority shall appoint mile (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 die Authority Board. Duties will include, but not be limited to, review of
the quarterly and annual budgets, service as the Audit Committee for die Authority;
periodically review this Agreement; and complete any other tasks as may be assigned by die
Board. The Executive Committee shall be subject to all limitations imposed by this Agreement,
other applicable law, and resolutions of tie Board.
C. Quorum
A majority of the Executive Committee shall constitute a quorum for transacting
business of die Executive Committee.
11. Disposition of Assets
Upon termination of this Agreement, all remaining assets and liabilities of the Authority shall
be distributed to die respective Members in such manner as shall be determined by die Board aril in
accordance with the law.
12. Agreement Not Exclusive; Operation lin Jurisdiction of Member
This Agreement shall not be exclusive, and each Member expressly reserves its rights to carry
out other public capital improvements and progr rats as provided for by law mud to issue other
obligations for those purposes. This Agreement shall not be deemed to amend or alter die terns of
other agueemcnts among the Members or Associate Members.
13. Conflict of Interest Code
The Authority shall by resolution adopt a Conflict ol'Interest Code as required by law
14. Contributions 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 die
purpose of this Agreement Payment of public funds may be made to defray die cost of any
contribution. Array advance may be made subject to repayment, and in drat case slhall be repaid in the
maluner agreed upon by the advancing Member, Associate Member or other public agency and dhc
Authority at die time of making the advance.
15. Fiscal Year; Accounts; Reports; Annual Budget; Administrative Expenses
a. The fiscal year of the Authority shall be the period from January 1 of each year to and
including Che following December 31, except for ally partial fiscal year resulting from a change in
accounting based on a different fiscal year previously.
b. Prior to die beginning of each fiscal year, die 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 alhd its representatives.
d. The Auditor shall either make, or contract with a certified public accountant or public
accountant to make, an annual audit of die accounts and records of the Authority. The minimum
requirements of the audit shall be those prescribed by die State Controller for special districts under
Section 26909 of the Covenrment Code of the State of Califonhia, and shall corilomh 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 sliall be filed as a public record with each Member
(and also with die auditor of Sacramento County as die county in which die Authority's office is
located) within 12 months after the end of die fiscal year.
C. In any year in which die annual budget of the Authority does not exceed live thousand
dollars ($5,000.00), the Board may, upon unanimous approval of die Board, replace die arcual audit.
with an ensuing one-year period, but in no event for a period longer than two fiscal yeas.
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 die
performance of all covenants hereof. Each Member or Associate Member hereby declares that this
Agreement is entered into for die benefit of tlhe Authority created hereby, and each Membcr or
Associate Member hereby grants to die Authority die right to enforce, by whatever lawful means tlhe
Authority deems appropriate, all of the obligations of each of die parties hereunder. Each and all of the
remedies given to die Authority hereunder or by any law now or hereafter enacted are cumulative, will
the exercise of one right or remedy shall not impair the right of tie Authority to any or all other
remedies.
17. Indemnification
To the full extent permitted by law, the Board may audhorize 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 panty or is threatened to be made a party to a proceeding by reason
of tie fact 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 expenscs,,judgments, lines,
settlements and other anhounts 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 die case of a criminal proceeding, had no reasonable cause to believe
his or her conduct was unlawful and, in die case of all action by or in die light of tie Audhority, acted
with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would
use under similar circumstances.
18. Immunities
All of die privileges and immunities from liabilities, exemptions from law, ordinances and
rules, all pension, relief, disability, workers' compensation and other benefits which apply to die activity
of officers, agents or employees of any of die Members or Associate Members when perfornning their
respective functions, shall apply to them to die sant degree and extent while engaged as Delegates or
otherwise as an officer, agent. or other representative of the Authority or while engaged in tie
performance of any of their functions or duties under die provisions of this Agreement.
19. Amendment
This Agreement may be amended by the adoption of the amendment by die governing bodies
of a majority of the Members. The amendment shall become effective on die first clay of the month
following die last required member agency approval. An amendment may be initiated by the Board,
upon approval by a majority of die 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 Member's 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 withdrawn Members
without requiring formal amendment of the Agreement by the Authority Board of Directors.
20. Withdrawal of Member or Associate Member
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 die Board; provided however, that no such withdrawal shall result. ui die dissolution of
tic Authority as long as any Bonds or other obligations of the Authority remain outstauding. Any such
withdrawal shall become effective thirty (30) days after a resolution adopted by the Member's governing
body which authorizes withdrawal is received by the Authority. Notwithstanding die foregoing, any
termination of membership or withdrawal from die Authority slhall not operate to relieve any
terminated or withdrawing Member or Associate Member from Obligations incurred by such
tcnhhinatecl or widhdmwing Member or Associate Member prior to die time of its termination or
ihidi drawal.
21. Miscellaneous
a. Counterparts. This Agreement may be executed in several counterparts, each of which
shill 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 aihl are not to be
construed as modifying or governing the language in die section relerrccl to.
C. Approvals. Wherever in this Agreement airy conseuL or approval is required, die same
shall not be unreasonably withheld.
d. jurisdiction; Venue. This Agreement is made in die State of California, under die
Constitution and laws of such State and is to be so construed; any action to enforce or interpret, its
terns shall be brought in Sacramento County, California.
C. Integration. This Agreement is die complete and exclusive statement of die agreement
among the parties hereto, and it supersedes and merges all prior proposals, understandings, and other
agrcenhents, whedher oral, written, or implied in conduct, between and among the parties relating to the
subject matter of this Agreement.
f. Successors; Assignment This Agreement shall be binding upon and slhall inure to the
benefit of die successors of the parties hereto. Except to die extent expressly provided herein, rho
Member may assign any right or obligation hereunder without die conseuL of die Board.
g. Severability. Should any pari, term or provision of this Agreement be decided by the
courts to be illegal or in conflict widh any law of tlhc State of California, or otherwise be rendered
unenforceable or ineflectual, the validity of the remaining parts, terms or provisions hereof shall not be
allected thereby.
The parties hereto have caused this Agreement to be executed and attested by their properly
authorized officers.
AS ADOPTED BY THE MEMBERS:
Originally dated July 1, 1993
Amended mid restated December 10, 1998
Amended and restated February 18, 1999
Amended aid restated September 18, 2002
Ameided aid restated January 28, 2004
Ameuded_and restated December 10, 2014
[SIGNATURES ON FOLLOWING PAGES]
SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS
NAME OF COUNTY OR CITY:
CITY OF AZUSA
By:
Name: Joseph Romero Rocha
Title: Mayor
AFTER EXECUTION, PLEASE SEND TO:
Golden State Finance Authority
(formerly California Home Finance Authority)
1215 K Street, Suite 1650
Sacramento, CA 95814
Dated: 9 uP
ATTACHMENT
CALIFORNIA HOME FINANCE AUTHORITY MEMBERS
As of December 10, 2014
Alpine County
Amador County
Butte County
Calaveras County
Colusa County
Del Norte County
EI 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.
EXHIBIT "A"
WATER RATE SCHEDULE
The following schedule of rates is fixed and established as the rates to be collected by Azusa
Light & Water for supplying water to its customers within the certificated service territories of
the City of Azusa:
A. METER SERVICE CHARGE:
The basic monthly meter service charge for water supplied to domestic, commercial,
industrial, and municipal customers of Azusa Light & Water shall be as follows:
Meter July 1, 2016 July 1, 2017 JuIV 1, 2018 July 1, 2019 July 1, 2020
Size
5/8"-3/4" 14.58 14.87 15.17 15.47 15.78
1" 23.75 24.23 24.71 25.20 25.71
11/2" 46.68 47.62 48.57 49.54 50.53
2" 74.20 75.69 77.20 78.74 80.32
3" 147.59 150.54 153.55 156.62 159.75
4" 230.14 234.75 239.44 244.23 249.12
6" 459.47 468.66 478.03 487.59 49735
8" 734.66 749.36 764.34 779.63 795.22
10" 1,927.16 1,965.71 2,005.02 2,045.12 2,086.02
12" 2,431.68 2,480.32 2,529.92 2,580.52 2,632.13
Minimum Charge: If a customer has no consumption, the minimum charge shall be the
monthly meter service charge.
B. BASELINE COMMODITY CHARGE:
The baseline commodity charge shall be in effect during times when no drought is
declared pursuant to Rule No. 21. The "baseline" assumes that sales or consumption by
all customers is approximately 20% below sales during calendar year 2013. Sales or
consumption is measured in increments of cubic feet. One cubic foot is 7.48 gallons of
water. Each unit of water is billed as 100 cubic feet or 748 gallons. One hundred cubic
feet is commonly referred to as CCF. Commodity rates are set based on the cost to
provide service for the respective meter size, and the tiered rates below shall be used to
allocate costs in proportion to consumption for the respective meter sizes.
Meter Size
Tier
CCF
July 1, 2016
July 1, 2017
July 1, 2018
July 1, 2019
July 1, 2020
1
0-4
1.050
1.071
1.093
1.114
1.137
5/8" -3/4"
2
5-15
1.714
1.748
1.783
1.819
1.855
3
> 15
2.162
2.206
2.250
2.295
2.341
1
0-7
1.050
1.071
1.093
1.114
1.137
1„
2
8-25
1.714
1.748
1.783
1.819
1.855
3
> 25
2.162
2.206
2.250
2.295
2.341
0-15
1.050
1.071
1.093
1.114
1.137
1 1/2"1
2
16-50
1.714
1.748
1.783
1.819
1.855
3
> 50
2.162
2.206
2.250
2.295
2.341
1
0-23
1.050
1.071
1.093
1.114
1.137
2„
2
24-80
1.714
1.748
1.783
1.819
1.855
3
> 80
2.1.62
2.206
2.250
2.295
2.341
1
0-47
1.050
1.071
1.093
1.114
1.137
3„
2
48-159
1.714
1.748
1.783
1.819
1.855
3
> 159
2.162
2.206
2.250
2.295
2.341
•
1
0-73
1.050
1.071
1.093
1.114
1.137
4„
2
74-249
1.714
1.748
1.783
1.819
1.855
3
> 249
2.162
2.206
2.250
2.295
2.341
1
0-145
1.050
1.071
1.093
1.114
1.137
6"
2
146-498
1.714
1.748
1.783
1.819
1.855
3
> 498
2.162
2.206
2.250
2.295
2.341
1
0-233
1.050
1.071
1.093
1.114
1.137
8"
2
234-797
1.714
1.748
1.783
1.819
1.855
3
> 797
2.162
2.206
2.250
2.295
2.341
1
0-610
1.050
1.071
1.093
1.114
1.137
10"
2
611-2,092
1.714
1.748
1.783
1.819
1.855
3
> 2,092
2.162
2206
2.250
2.295
2.341
1
0-770
1,050
1.071
1.093
1.114
1.137
12"
2
771-2,640
1.714
1.748
1.783
1.819
1.855
3
> 2,640
2.162
2.206
2.250
2.295
2.341'
Golf Course
- -
Uniform
1.705
1.739
1.774
1.810
1.846
C. COMMODITY DROUGHT RATE SCHEDULE
From time to time the water utility may be required to encourage its
customers to
conserve
water. Conservation activities can significantly reduce the water utility's
revenue, and in order
to meet the water utility's revenue requirements the following commodity drought rate
schedule
shall be used. If the water utility declares a water shortage in compliance with Rule
21, the
following Commodity Drought Rate Schedule shall be effective and shall
continue in effect
until
the water shortage declaration has ended or is no longer in effect:
Commodity Charges Tiers July 1, 2016 July 1, 2017 July 1, 2018
July 1, 2019
July 1, 2020
1 1.092 1.114 1.136
1.159
1.182
Drought Phase 1 2 1.779 1.815 1.851
1.888
1.926
Level of Conservation 3 2.302 2.348 2.395
2.443
2.492 .
-5% from Baseline Golf Course 1.773 1.809 1.845
1.882
1.920
1 1.139 1.162 1.185
1.209
1.233
Drought Phase Il
2 1.854 1.891 1.929
1.968
2.007
Level of Conservation
3 2.465 2.514 2.564
2.616
2.668
-10% from Baseline
Golf Course 1.850 1.887 1.925
1.963
2.002
1 1.192 1.216 1.241
1.265
1.291
Drought Phase III 2 1.942 1.981 2.020
2.061
2.102
Level of Conservation 3 2.655 2.708 2.762
2.818
2.874
-15% from Baseline Golf Course 1.936 1.975 2.015
2.055
2.096
1 1.253 1.278 1.304
1.330
1.356
Drought Phase IV 2 2.045 2.086 2.128
2.170
2.214
Level of Conservation 3 2.881 2.939 2.997
3.057
3.118
-20% from Baseline Golf Course 2.035 2.076 2.117
2.160
2.203
D. RESIDENTIAL SERVICE WITH FIRE SPRINKLER SYSTEM:
The following three rate components shall be applied to residential properties that are
required to have fire sprinkler systems, where such properties: (1) have lot sizes less than
one-quarter of an acre (10,890 square feet); and (2) have an actual meter service that is
larger than 1".
1. Meter Charge (same as 1" meter charge) See Section A of this Schedule
2. Commodity Charge: See Section B of this Water Rate Schedule
3. Commodity Drought Charge: See Section C of this Water Rate Schedule
(when in effect)
4. Fire Service Charge: See section E of this Water Date Schedule
Minimum Charge: If customer has no water consumption, the minimum charge shall be the
meter charge plus Fire Service Charge.
E. FIRE SERVICE CHARGE:
Customers with dedicated separate fire service meters shall be subject to the following
monthly charges:
Meter Size July 1, 2016 July 1, 2017 July 1, 2018 July 1, 2019 July 1, 2020
3/4" 2.69 2.74 2.80 2.86 2.91
1 " 3.94 4.02 4.10 4.18 4.27
2" 10.81 11.03 11.25 11.47 11.70
3" 22.68 23.13 23.59 24.06 24.55
4" 44.54 45.43 46.33 47.26 48.21
6" 100.74 102.76 104.81 106.91 109.05
8" 175.69 179.20 182.79 186.44 190.17
10" 275.61 281.13 286.75 292.48 298.33
Commodity charges as set forth in Section B shall apply to all consumption of water used
for fire suppression.
Fire service connections are provided for fire protection only. If, during any month, a fire
service is used for any purpose other than for firefighting, a penalty charge (see below)
shall be paid in addition to the commodity charge for the actual amount of water used. If
a fire service customer uses a fire service for other than emergency firefighting
repeatedly, the customer, upon notice of the water utility manager, may be disconnected
from service for violation of the intended use of a fire service connection.
July 1, 2016 July 1, 2017 July 1, 2018 July 1, 2019 July 1, 2020
$101 $104 $106 $108 $110
F. LIFELINE RATE:
Upon written application to Azusa Light & Water, a water customer who meets the
following standards is eligible for a $2.20 discount from the basic monthly meter service
charge.
1. The customer must be either:
a. 62 years of age or older; or
b. Disabled within the definition of 20 C.F.R. 404.1505 and presently is
receiving disability Social Security benefits.
2. The customer must be a resident of a single-family dwelling unit with a water
meter no larger than 3/4".
3. The customer shall have been a water customer at the service address for at least
the previous 12 months prior to the application for the lifeline rate.
4. The customer's household income is at or below 60% of the Los Angeles County
median income level.
5. Low-income customers who qualify for the lifeline rate shall re -apply every 12
months.
G. SPECIAL ZONE RATE:
The City of Azusa Light & Water has defined a special distribution zone rate to recover
costs identified with the service associated with that specifically designated service area.
For water supplied to this defined area, the commodity charges shall be double the above
applicable commodity rates. The area was specifically designated through an agreement
between the City of Irwindale and the City of Azusa, wherein, the .City of Irwindale
requested the City of Azusa extend its water utility service into the City of Irwindale in
order to provide water service to those special customers in the City of Irwindale. This
rate applies to water customers with accounts specially coded for that purpose.
H. REPLACEMENT WATER COST ADJUSTMENT FACTOR (RWCAF):
The Replacement Water Cost Adjustment Factor has been established to recover the costs
of imported water required to fulfill the water systems requirements under the judgment
of the adjudication of the Main San Gabriel Basin Watermaster. Each year in May the
Main San Gabriel Basin Watermaster recommends to the Superior Courts of California
the adoption of a basin safe yield. Said safe yield fluctuates annually from a historic low
of 140,000 acre feet of allowable extraction to a historic high of 230,000 acre feet of
extraction. This variable results in fluctuations of purchased imported water
requirements for the City of Azusa. When the safe yield is high, the RWCAF is reduced,
and when the safe yield is low the RWCAF is set higher.
The Azusa Light & Water shall determine the RWCAF pursuant to the following
methodology prior to the beginning of each year for the City of Azusa's water system.
The Director of Utilities shall notify the City Council of the new RWCAF. It shall be
applied to all water bills beginning the first billing cycle of the new fiscal year.
Determine Azusa's Integrated Production Rights (R) for the following fiscal year
based on the Safe Yield declared by the Main San Gabriel Basin Watermaster in
the spring of each year.
2. Project Azusa's total water production (P) based on estimated sales (S) in units
(CCF) of water, for the following year.
3. Derive the amount of Replacement Water (W) required by subtracting (R) from
(P).
4. Derive costs ($) associated with (W) from the Main San Gabriel Basin
Watermaster which include replacement water costs from the responsible
agencies, administrative charges and in lieu fees.
5. Derive RWCAF by dividing ($) by (S).
6. If the RWCAF is less than $0.01/CCF, then apply $0.01/CCF commencing in July
until the month ($) is attained, than discontinue the charge.
Nothing in this section is meant to preclude the Director of Utilities from practicing
sound ground water management activities. Each year the RWCAF is set independent
from cyclic storage and conjunctive use of ground water which is managed separately,
and for the benefit of the public utility.
I
J
WATER SYSTEM DEVELOPMENT FEE:
The City of Azusa adopted an Ordinance in 1988 creating a Water System Development
Fee. The City Council determined that future development within the water system
service area would result in increased demands that would exceed the capacity of the
existing water system. The Water System Development Fee was created to fund the cost
of the future water system improvements and is imposed upon future development within
the water system service area. If there is any change in floor footage, the Water System
Development Fee shall apply. Fees must be paid to Azusa Light & Water prior to the
final Water Plan approval.
Land Use Category
$ Per Acre
$ Per Dwelling Unit (DU)/SF/AC
Residential
$11,668.64
$1,944.86/ DU
Commercial
$8,943.81
$0.89/SF
Industrial
.$9,625.35
$0.38/SF
School
$7,538.09
$7,538.09/AC
Park
$3,449.62
$3,449.62/AC
WATER SYSTEM ANNEXATION FEE:
The City of Azusa adopted an Ordinance in 1996 creating a Water System Annexation
Fee to allow properties outside the existing service area to be served by the existing
water system. Fees must be paid to Azusa Light & Water prior to the final Water Plan
approval.
Land Use Category
$ Per Acre
$ Per Dwelling Unit (DU)/SF/AC
Residential
$5,038.97
$847.42/DU
Commercial
$3,896.54
$0.38/SF
Industrial
$4,194.05
$0.16/SF
School
$3,284.47
$3,284.47/AC
Park
$1,503.31
$1,503.31/AC
K. FIRE SERVICE INSTALLATION CHARGE:
Estimated fire service connection charges, including Double Detector Check for
installation of fire protection laterals, includes labor, overhead, equipment and materials.
The City will be responsible for installation of Double Detector Check assembly.
In the event the estimated charge is more than the actual cost of installation, the applicant
will receive a refund. If the deposit is less than the actual installation cost, the applicant
will be billed for additional charges.
Meter Size Total Deposit
4" $ 7,500
6" $ 9,500
8" $ 10,500
10" $ 11,500
12" $ 12,500
L. FIRE HYDRANT INSTALLATION CHARGE:
Estimated fire hydrant installation charge for installing fire hydrants will include labor,
overhead, materials and equipment. There is a Fire Hydrant Traffic Incident Hit Hydrant
impact fee that is required to be paid with the additional cost to repair and the water loss.
The Fire Hydrant relocation Fee is an impact fee and is required to be paid prior to Water
Plan approval. The Fire Hydrant Inspection Fee is required for fire hydrant inspections.
The relocation, hit hydrant impact fee and inspection fee are additional fees and non-
refundable.
In the event the estimated charge is more than the actual cost of installation, the applicant
will receive a refund. If the deposit is less than the actual installation cost, the applicant
will be billed for additional charges.
Water Main Installation Total Denosit
6" $ 9,500
8" $ 10,500
10" $ 11,500
12" $ 12,500
Traffic Incident Hit Hydrant Impact Fee: $1,500
Fire Hydrant Relocation Impact Fee: $1,500
Fire Hydrant Inspection Fee: $1,500
M. DOMESTIC METER INSTALLATION CHARGE:
Charges for installation of meters include labor, equipment and materials and overhead.
An estimate of installation charges will be determined by the Utility and a deposit in that
amount will be required prior to commencement of installation.
In the event the estimated charge is more than the actual cost of installation, the applicant
will receive a refund. Should the deposit be less than the actual installation cost, the
applicant will be billed for the additional charges.
Meter Size Total Deposit
'/"-1" $3,500
2" $4,000
4" $7,500
6" $9,500
There is a fee for a water service disconnection from the mainline deposit.
Charges for disconnection include labor, equipment and materials and overhead.
An estimate of installation charges will be determined by the Utility and a deposit in that
amount will be required prior to commencement of installation.
In the event the estimated charge is more than the actual cost of installation, the applicant
will receive a refund. Should the deposit be less than the actual installation cost, the
applicant will be billed for the additional charges.
Water Disconnection from the Mainline (Deposit): $3,200