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Resolution No, 15-156
RESOLUTION OF Tl iE, BOARull OF SUPERVISORS OF THE COEN I'll Y OF BUTT IL, CALI IIRNIA
CONSENTING TO INCLUSION IF PROPERTIES WITHIN THE COUNTY'S JURISDICTION IN
THE CALIF°l'NIA HOME FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO.
20144 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY
EFFICIENCY AND WATER CIINSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE
C l' ARG1NG INFRASTRUCTURE CONTINGENT ON CERTAIN PROGRAM REQUIREMENTS
WHEREAS, the California Home Finance Authority, a California joint powers authority, (the
"Authority") (doing business as Golden State Finance 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 County of Butte is committed to development of renewable energy sources and energy
efficiency and water conservation 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 County 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 in the County in financing such Authorized Improvements; and
WHEREAS, the Authority has established the District, as permitted by the Act, and the Authority JPA,
originally made and entered into July 1, 1993, as amended to date to assist property owners within the
unincorporated area of the County in financing the cost of installing Authorized Improvements.
NOW, THEREFORE, I E IT RESOLVED THAT:
1. This Board of Supervisors finds and declares that properties in the County's unincorporated area
will be benefited by the availability of the Authority CFD No. 2014-1 (Clean Energy) to finance the installation
of the Authorized Improvements,
2. This Board of Supervisors consents to inclusion in the Authority CFD No. 2014-1 (Clean
Energy) of all of the properties in the unincorporated area within the County 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
contingent upon the Authority PACE Program meeting the following requirements:
a. The Authority PACE Program be an enrolled participant in the PACE Loss Reserve Program
established by the California Alternative Energy and Advanced "f ran.sportation Financing
Authority (CAEATFA) and
b. The Authority PACE Program provides full disclosure to participants including but not limited to
the disclosure that participation in the residential PACE program may require the participant to
prepay the PACE special tax at the time the participant sells or refinances the property.
3. The consent of this Board of Supervisors constitutes assent to the assumption of jurisdiction by
Authority for all purposes of the Authority CFD No. 2014-1 (Clean Energy) and authorizes Authority, uson
satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for
financing the Authorized Improvements. County will not be responsible for the conduct of any proceedings
required to be taken under the Mello-Roos Community Facilities Act; the levy or collection of assessments or
any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or
administration of any bonds issued in connection with the Authority PACE program.
4. County staff is authorized and directed to coordinate with Authority staff to facilitate operation
of the Authority CFD No. 2014-1 (Clean Energy) within the County and to report back periodically to this
Board of Supervisors on the success of such program.
5. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board of
Supervisors is directed to send a certified copy of this resolution to the Secretary of the Authority.
PASSE AND A Iva'TED by the Butte County Board of Supervisors this 27th day of October, 2015,
by the following vote, to wit:
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES: None
ABSENT: None
ABSTAIN: None
DOUG TEETER, Chair
Butte County Board of Supervisors
ATTEST /
,
By:
Paul Administrative Officer
and Cl rk of the Board of Supervisors