Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
CC – Item 8A – Consideration of Resolution No. 2024-13 Approving Amended & Restated Joint Exercise Of Powers Agreement Relating To The CA Statewide Community Development Authority (CSCDA), & Resolution No. 2024-14 Consenting To The Inclusion Of The
ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: APRIL 23, 2024 SUBJECT: CONSIDERATION OF RESOLUTION NO. 2024-13 APPROVING THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITY DEVELOPMENT AUTHORITY (CSCDA), AND RESOLUTION NO. 2024-14 CONSENTING TO THE INCLUSION OF THE PROPERTY LOCATED AT 126 NORTH NEW AVENUE, MONTEREY PARK, CALIFORNIA, WHICH IS PARTIALLY LOCATED IN THE CITY OF ROSEMEAD IN THE CSCDA OPEN PACE PROGRAM AT THE REQUEST OF THE PROPERTY OWNER FOR ITS WHITMORE VILLA PROJECT SUMMARY The property owner of 126 North New Avenue, Monterey Park CA is requesting that the City of Rosemead: 1) join the California Statewide Communities Development Authority (CSCDA), created in 1988 under California's Joint Exercise of Powers Act, and 2) consent to the inclusion of a portion of the said lot within the boundaries and jurisdiction of the City of Rosemead in CSCDA's Open PACE Program. The said property is 2.84 -acres in total area (one lot), of which 2.80 -acres is located within Monterey Park and 0.04 -acre is located within the City of Rosemead. 1MIX%X"M111101: Q' p1C�9:da. .6�71.1Sm.1grll � � W.hrtmore Std - dl�■ � �� z Ilr� ■■■� I: Ilpl� — I �c tie!% tib■■til ori+:■ �. G e p;� :iii^■' ■+�a�E' '._ 3 elm.0 AGENDA ITEM 8.A City Council Meeting April 23, 2024 Page 2 of 4 The property owner of 126 North New Avenue Monterey Park, CA ("Whitmore Villa" 63 -unit multifamily and condominium project) is pursuing bond financing with the California Statewide Communities Development Authority's (CSCDA) Open PACE program. The program is available to residential and commercial property owners to finance energy efficiency, renewable energy, water conservation, and seismic improvements. The improvements installed on the property would be financed by the issuance of bonds by CSCDA. The bonds would be secured by a voluntary contractual assessment levied on the property and collected as part of the regular county property tax bill. The CSCDA Open PACE Program Administrators would provide: • Develop managed contractor networks in California communities. • Provide 100% financing for energy efficiency projects. • File repayment obligations through property tax bills. Cities and counties must be members of CSCDA and adopt a resolution to opt -in to CSCDA Open PACE to participate. Monterey Park is a CSCDA member and has adopted a resolution for the property tax assessment required for the Open PACE program for the Whitmore Villa project. Even though Rosemead's portion of the said lot is small (0.04 -acre of the 2.84 -acre lot) and improvements are limited to open parking spaces and landscaping, CSCDA requires that Rosemead become a CSCDA member and adopt a resolution for the property tax assessment. Without Rosemead, CSCDA would not facilitate the bond issuance. DISCUSSION This is an unusual case in that the request is for Rosemead to join a JPA for a project that except for 0.04 -acre (1,700 SF) is outside of its jurisdiction. Moreover, the proposed improvement in Rosemead is limited to five surface parking spaces and landscaping. Staff believes that there are two salient considerations, as follows: 1. Should Rosemead adopt a Resolution authorizing property tax assessment for the 0.04 -acre portion within Rosemead for the CSCDA Open PACE program? Staff supports the requested Resolution as it would have minimal effect on Rosemead. As noted by CSCDA, Rosemead would not incur any liability by being a Program Participant of CSCDA. The Agreement expressly provides that CSCDA is a public entity separate and apart from the Program Participant, and CSCDA's debts, liabilities or obligation do not constitute debts, liabilities or obligations of any parry to the Agreement. Furthermore, the Resolution is specific and limited to the said property and no other properties in Rosemead would be allowed to participate in the CSCDA Open PACE Program without the approval of the City Council. In addition, the Program Participants (e.g., City of Rosemead) are not responsible for any repayment of bonds issued by CSCDA. Any bonds issued by CSCDA are issued as limited obligations of CSCDA, not of the Program Participants, payable solely out of the revenues and receipts received by CSCDA from the applicable project or the loans made City Council Meeting April 23, 2024 Page 3 of 4 by CSCDA to the respective borrower with the proceeds of the bonds. In order to further limit CSCDA's financial liability and that of its Program Participants, CSCDA requires that in connection with the loan of bond proceeds to a borrower, such borrower must indemnify CSCDA and the applicable Program Participant from all losses, damages, claims, actions, liabilities, costs and expenses of any conceivable nature, kind or character relating to the applicable bonds and project, although any such indemnification could be impacted by bankruptcy of the borrower or other limitations on legal remedies. Consistent with this requirement, the Property Owner will indemnify the City. 2. Should Rosemead join CSCDA as a member entity? At this time, the benefit specific to Rosemead is not present to join CSCDA. Rosemead joining CSCDA would be the sole benefit to the project. Staff did discuss the option of subdividing the 0.04 -acre Rosemead portion so that the tax assessment is solely within Monterey Park, but the property owner declined. Another option was to amend the city boundary line, but that process is a lengthy and complex annexation process with LAFCO and is not feasible at this time. However, by becoming a member the City could pursue programs offered by CSCDA if it chooses to in the future. The CSCDA programs offered are listed on its website (cscda.org) and are included in this staff report as Attachment B. A brief description of CSCDA The California Statewide Communities Development Authority (`CSCDA'), the largest joint powers authority in California, was founded and sponsored by the League of California Cities and the California State Association of Counties in 1988, under California's Joint Exercise of Powers Act, to provide California's local governments with an effective tool for the timely financing of community-based public benefit projects. More than 535 cities, counties and special districts are program participants in CSCDA (the "Program Participants'), which serves as their conduit issuer and provides access to efficient financing for locally -approved projects. CSCDA has issued more than $75 billion in tax-exempt bonds for projects. There is no cost to be a member of CSCDA. Fees are levied by CSCDA for bond issuance and project administration costs. The cities may opt -out of the JPA at its discretion. City Council Meeting April 23, 2024 Pase 4 of 4 STAFF RECOMMENDATION Staff recommends the following: 1. Approve Resolution No. 2024-13 authorizing the City Manager to execute the Joint Powers Agreement with California Statewide Community Development Authority (CSCDA). 2. Approve Resolution No. 2024-14 approving the inclusion of Open PACE so that CSCDA can provide financing for the installation of Improvements on the property located at 126 North New Avenue, Monterey Park, California, which is partially located in the City of Rosemead. FISCAL IMPACT There is no negative fiscal impact to the City's general fund by consenting to the participation of the Participating Property in the CSCDA Open PACE Program. ENVIRONMENTAL REVIEW Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council has determined that there is no possibility the proposed amendment may have a significant effect on the environment as the Council is only agreeing to adopt a resolutions related to participation in a State funding program, therefore the exemption set forth in Section 15061(b)(3) applies. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment A: CSCDA Letter Dated March 27, 2024 Attachment B: CSCDA Website Attachment C: Resolution No. 2024-13 Attachment D: CSCDA JPA Agreement Attachment E: Resolution No. 2024-14 Attachment A CSCDA Letter Dated March 27, 2024 OICSCDA CA�40FNiA RAtFWiDECC'� ' \lm March 27, 2024 City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Whitmore Villa — California Statewide Communities Development Authority Dear Mayor and Members of the City Council The California Statewide Communities Development Authority ("CSCDA"), the largest joint powers authority in California, was founded and is sponsored by the League of California Cities and the California State Association of Counties. CSCDA was created in 1988, under California's Joint Exercise of Powers Act, to provide California's local governments with an effective tool for the timely financing of community-based public benefit projects. CSCDA has over 535 member agencies. More information about CSCDA is available at www.cscda.ora . CSCDA has implemented Property Assessed Clean Energy ("PACE") on behalf of its member cities and counties to finance and refinance the installation on real property of distributed generation renewable energy, energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging infrastructure and other improvements authorized by state legislation ("Improvements"). The owner (the "Participating Property Owner") of the property located at 126 North New Avenue, Monterey Park, California (the "Participating Property"), which currently consists of a single legal parcel that, somewhat unusually, is primarily in the City of Monterey Park and partially in the City of Rosemead, has asked CSCDA to provide financing through the CSCDA Open PACE Program for the installation of Improvements on the Participating Property as part of the construction of the Whitmore Villa, a 63 -unit multifamily and condominium development of 11 buildings with attached and subterranean garages on the Participating Property (the "Project"). See Exhibit A for annotated map indicating the portion of the Participating Property located in the City of Rosemead. CSCDA (and not the City of Rosemead) will be responsible for entering into the voluntary contractual assessment agreement with the Participating Property Owner, levying the voluntary contractual assessment on the Participating Property, issuing bonds to finance the Improvements and taking remedial actions in the event of delinquent assessment payments. The resolution expressly provides that the City of Rosemead will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies in assessment payments, or the issuance, sale or administration of any bonds issued by CSCDA. The proposed approval is limited to the property located at 126 North New Avenue. No other properties in the City of Rosemead would be allowed to participate in the CSCDA Open PACE Program without the express written consent of the City Council. The City of Monterey Park previously authorized the CSCDA Open PACE program. Under the Joint Exercise of Powers Act, CSCDA cannot provide the proposed financing without the City of Rosemead being a member of CSCDA. However, just as the City of Rosemead's participation in the CSCDA Open PACE Program would be limited to authorizing CSCDA to provide financing to the property located at 126 North New Avenue, the City of Rosemead's participation in CSCDA would be limited to the PACE financing for 126 North New Avenue. Thank you for your consideration Kind regards, i� !ld•.P James Hamill Managing Director CSCDA SCALE: V= SD' VIF9 TT •+� °NRSM�M mum ! TRz e] eEs m VMTA°RE ETREE] — ie,35z� X mvrnt w•HI D'T� ��k I LOT 1 , I I F m I gyp o -]I W Z W > B ax la � 0 W z LOT 2 i i �w Y �� f¢ ! ALDZ➢! . °I�il lm°°°°I�"°asr pFS _ DAVE 5J9 aozDV z wo °° MNE W) N B'Aese R n1a' _ XY'N8Y 1'M1]C_ I R ! ALV£9!LL$TIG (R� P� 1I6I WA R1 mt °M i g £ al SI S P.M. 16604 (R2) If I Exhibit A VESTING TRACT NO. 082607 IN THE CITIES OF MONTEREY PARK AND ROSEMEAD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES 6 s Rew'm' E n>an _—_ n _—_ a+e-a_ WHITMORE STREET 1N 6 ROSMEM sc 1 a 1nm Pw LR PNs +vo-n47nmw —Ell mE fi PM51+ WILDWOOD TRACT (R3' pEMN�: Esua trc nY ! Ell NS °F 1 T B Ci R] MD CpY01 re°1 sox v.m P. ,�15 eRc Pswwa wM xA :rE sIL: pf R+m ac um. x ca. wnDl¢ m.qw. pN Np gO�J`SsEr uc s Rs mAa AT FEc (rvekmr 1®ox AAE), vER u seam' x mwle• w dzAV BLOCK 2 GARVEY RANCH (R4) ELamlU2 (RX} m T WQ t iRpl NM A.£ AER A4 SHEET 2 OF 2 SHEETS WACT (0.T: ESTRB AT FEC D6T. ER(Y R/N 6 PRDIDER AVE P. F5 Iportion in Rosemead I 4 B AT OY R/F OI REIT. Qll ®1 s tltt L( YwTERET P. El Bm. 6 Ott 6 MRYEAh. TY.IP YTMM SE D . MMk� pEx xEW Fu9111EHM1RFI.Tm YM IM KNAT. OI YM PAQ Si1FN..P. m• I I �I I d d a s DARwr AAF. N. sRN (am EMNI G0. PPRFY +�4°M TZFmSn+,� BASIS OF BEARINGS ME ff l 91OM xEREM AIE RA3D M ME REANHL NMTH mOXW EMT 6T[ M.. m NEMA+ M M.. M PM61 YM H0.1S @ID IH . 2]2. P. Y AND ]2. 6 1M HMS. REC°RDS m IDs AIISIII CdIHtt. CIGARVEY.AmVENUE f i SSd OIYn...VT P. mss____—_—____ _ DAVE aozDV z wo °° MNE W) N B'Aese R n1a' M.� X° VTu FF MN; Po Tn [AM AT IEL d51. z fPm x E L1R ifgCq W R] AS SMNx m XI. MAP LEGEND REFERENCES RI PMSL YAP NO 2.k IWlG ME IX MY ff ME IND PYR 2R - -1A BDHG 91BDIN6L BY TTS YM 112 P.ARLEL YM H0. 1ERW. Ye to - RJ MIOKVU TV.Ci OT: EASE MT FM MD ElE LWE INflE4 AtD EERF55. INUCAM A MVA RI YR w - M 91PAMSNN Cf °NKY RMP1. 11mw R1RPo45. AND ALL 1156 MD MRIR1EIlMPFS NC T HERETO NR -UA 91°XH W SMD YM. RS ACWIEITW. PR45!£CT ANMIE1. O ST IFAD. iApf k iA4 (RQ 210w) RR IEW A`h MAR MNERAMM YM(NLE° AT .1 M YPNW9J m• I I �I I d d a s DARwr AAF. N. sRN (am EMNI G0. PPRFY +�4°M TZFmSn+,� BASIS OF BEARINGS ME ff l 91OM xEREM AIE RA3D M ME REANHL NMTH mOXW EMT 6T[ M.. m NEMA+ M M.. M PM61 YM H0.1S @ID IH . 2]2. P. Y AND ]2. 6 1M HMS. REC°RDS m IDs AIISIII CdIHtt. Attachment B CSCDA Website 4/16124,1:47 PM CSCDA— The California Statewide Communities Development Authority Ja CSC DA CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY NO CNIA CITIES Search... Q CSCDA Celebrates 35 Years of Community Development The Call+oreio Bir:!, l e Cemmanitiss Development Authority (CSCDA) was created in 1988, under California's Joint E,c[ ,Se of Powers Act, to provide California's local governments with an effective tool for rI, amely financing of community-based public benefit projects Learn More Finance Programs nI Public Agency Programs E><plore More https://cscda.org 115 4/16/24,1:47 PM CSCDA- The California Statewide Communities Development Authority 9�C Private Activity Bond Programs Explore Mora Property Assessed Clean Energy Bond Programs Explore More Infrastructure Finance Programs Explore More 11 New Markets Tax Credit Program Explore More ,M Workforce Housing Program Explore More https://cscda.org 2/5 4/16124,1:47 PM CSCDA-The California Statewide Communities Development Authority Events & News APR CSCDA Issues $90,000,000 in Tax -Exempt and Taxable Bonds for Belmont Family Apartments April Il, 2024 The California Statewide Communities Development Authority (CSCDA) is pleased to announce the issuance of $95,000,000 in tax-exempt and taxable multi -family affordable housing Reatl More MAR 05 CSCDC Issues $11,000,000 in New Markets Tax Credits for College of the Desert March 5, 2024 The California Statewide Communities Development Corporation (CSCDC) has provided $11,000,000 of New Markets Tax Credit (NMTC) allocation to Desert Community College District- FEB istrict- FEB 28 CSCDA Issues $30,750,000 in Tax -Exempt and Taxable Bonds for Prospera at Homestead Apartments February 28, 2024 The California Statewide Communities Development Authority (CSCDA) is pleased to announce the issuance of $30,750,000 in tax-exempt and taxable affordable housing bonds... Read Mare https://Gseda.org 315 4116/24, 1:47 PM CSCDA— The California Statewide Communities Development Authority DEC 22 CSCDA Issues $10,000,000 in Tax -Exempt Bonds for Pepperwood Apartments December 21, 2023 The California Statewide Communities Development Authority (CSCDA) is pleased to announce the issuance of $10,000,000 in tax-exempt 501c3 nonprofit bonds for Pepperwood._ Read More DEC 12 CSCDC Issues $12,000,000 in New Markets Tax Credits for Farmworkers Institute of Education and Leadership Development December 12, 2023 The California Statewide Communities Development Corporation (CSCDC) has provided $12,000,000 of New Markets Tax Credit (NMTC) allocation to Farmworkers Institute of Education ... Read More DEC 04 2024 LGSI at Stanford Scholarships 2024 LGSI at Stanford Scholarships Local Government Summer Institute at Stanford University The California Statewide Communities Development Authority (CSCDA) is proud to sponsor and offer Reatl More More News & Events 0 Accomplishments https://cscda.org a/5 4/16/24,1:47 PM CSCDA—The California Statewide Communities Development Authority Iq Affordable Units Financed $0 Billion To Assist Local Agencies c 2024 CSC DA. ALL RIGHTS RESERVED i_e ,: I F;lcocy ILII,y https://cscda.org 5/5 4/16/24, 1:49 PM Public Agency Programs — CSCDA CSCDA CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Search... Public Agency Programs overview 0 California Statewide Communities Development Authority (CSCDA) creates innovative, low-cost, pooled finance programs to respond to the fiscal needs of city and county participants. The program is designed to address short-term borrowing needs, budget shortfalls, and provide access to capital for critical infrastructure improvements. City and county participants control all private activity bond issues through required local public hearings. CSCDA offers the following Public Agency Programs: California Lease Finance Program (CaLease) This program offers tax-exempt lease financing to public agencies for capital projects, and equipment without the traditional expense or complexity of other finance mechanisms. Total Road Improvement Program (TRIP) CSCDA offers a pooled securitization program, assisting local agencies in bonding against future payments, allowing them to fund projects today. Borrowers will benefit from reduced issuance costs and better interest rates. The program does not require a pledge of the local agency's General Fund CaLease https://csoda.org/public-agency-programs/ 112 4/16124,1:49 PM TRIP Fae V Public Agency Programs — CSCDA Founded & Sponsored by <c 2024 CSCDA. ALL RIGHTS RESERVED LEAGUE OF CALIFORNIA CITIES https://cscda.org/publio-agency-programs/ 2/2 4/16124,1:50 PM Search... Private Activity Programs — CSCDA CSCDA CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Private Activity Programs overview California Statewide Communities Development Authority (CSCDA) has built a successful track record of financing high quality public benefit projects. CSCDA has issued more than $45 billion for the construction, equipping, rehabilitation, or modernization of 2,000 local, community approved projects since 1988. CSCDA offers the following Private Activity Programs: 501(0)(3) NONPROFIT Qualified nonprofit organizations can access low-cost, tax-exempt bonds to finance or refinance the acquisition, construction, installation, expansion or rehabilitation of land, buildings, and equipment. A 501(c)(3) nonprofit organization can finance projects at a lower interest rate than conventional financing because the interest paid to bondholders is exempt from federal (and in some instances state) income taxes. HOUSING BONDS For-profit and nonprofit developers can access tax-exempt bonds for the financing of low-income multifamily and senior housing projects. The Bonds may be used to finance or refinance the acquisition and rehabilitation of an existing project or for the construction of a new project, provided the developer agrees to set aside all, or a portion, of the units in a project for individuals and families of very low, low or moderate income. EXEMPT FACILITIES / SOLID WASTE https://cscda.org/private-activity-programs/ 112 4/16/24,1:50 PM Private Activity Programs — CSCDA This program offers companies seeking cost-effective, tax-exempt capital to finance the acquisition and rehabilitation, construction of, or the acquisition of new equipment for solid waste and exempt facilities. TAXABLE BONDS This program offers public and private entities taxable bonds for projects that provide public benefit and economic development. Longer term taxable bonds can often provide cost savings and other efficiencies. 501(c)(3) Nonprofit Housing Bonds Exempt Facilities / Solid Waste Founded & Sponsored by ,c 2024 CSCDA. ALL RIGHTS RESERVED LEAGUE OF CALIFORNIA CITIES https:/Icsoda.org/private-activity-programs/ 2/2 4/16/24.1:50 PM Search... Property Assessed Clean Energy Programs — CSCDA CSCDA CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Property Assessed Clean Energy Programs Overview 0 CSCDA's Open PACE program is a turnkey resource for residential and commercial property owners to finance energy efficiency, renewable energy, water conservation and seismic improvements. CSCDA developed qualification criteria to select PACE Program Administrators to be included in the CSCDA Open PACE platform. The CSCDA Open PACE Program Administrators will: • Develop managed contractor networks in California communities • Provide 100% financing for energy efficiency projects • File repayment obligations through property tax bills California cities and counties must be a member of CSCDA and adopt a resolution to opt -in to CSCDA Open PACE in order to participate. If your jurisdiction is interested in joining the program, please CLICK HERE. Residential Open PACE Providers Commercial Open PACE Providers Open PACE Payoff Requests & Inquiries https://c oda.org/property-assessed-clean2nergy-programs/ 112 4/16124,1:51 PM Search... Infrastructure Finance Programs — CSCDA CSCDA CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Infrastructure Finance Programs SCIP Overview Q In response to the increasing local agency staff time and budget pressures caused by new commercial, industrial or residential development, CSCDA offers the Statewide Community Infrastructure Program ("SCIP"). SCIP is a financing program that enables developers to pay most impact fees and finance public improvements through an acquisition agreement that qualify under the 1913/1915 Act (excluding school fees) via tax-exempt bond issuance proceeds. The SCIP program has assisted communities and developers throughout California to finance over $750 million in impact fees and public infrastructure since 2003. This highly versatile program has been molded to the needs of each local agency participant of SCIP. As most local agencies require developers to pay impact fees prior to obtaining a permit, SCIP can be used to directly prepay these fees or, alternatively, to reimburse the developer after fee payment. The program can be used to enable developers to pay for, or be reimbursed for, all eligible impact fees or for a single impact fee. Moreover, the program may alleviate the need for a fee deferral program by providing the local agency with necessary funds and eliminating the risk of nonpayment by the developer. SCIP has been designed to minimize local agency staff involvement by using an experienced team of finance professionals to administer the program, thereby freeing valuable local agency resources for other functions. To participate, a local agency need only be a member of CSCDA and pass a resolution approving the program. Please refer to the SCIP FAQ's and the SCIP Manual for details. THE SCIP Manual can be accessed here https://oeoda.org/infrastructure-finance-programs/ 1/5 4/16124, 1:51 PM Infrastructure Finance Programs —CSCDA For more information, please contact us. SCIP Participating Agencies: Alameda (City) American Canyon Anaheim Antioch Bakersfield Banning Blythe Brentwood Butte County Calistoga Cathedral City Chico Chula Vista Citrus Heights Clovis Coachella Valley Water District Consumnes CSD Corona Cotati Daly City Dana Point Davis Desert Hot Springs Diablo Water District Dublin Dublin San Ramon Services District East Palo Alto Eastern Municipal Water District EI Dorado County Elk Grove Fairfield Folsom Fontana Fremont Galt Gardena Healdsburg Hercules Hollister Imperial County Ironhouse Sanitary District https://csoda.orgAnfrastmeture-finance-programs/ 2/5 4/16/24, 1:51 PM Infrastructure Finance Programs — CSCDA Lathrop Lincoln Linda County Water District Live Oak Livermore Loomis Madera (City) Manteca Martinez Menifee Merced Millbrae Morgan Hill Morro Bay Murrieta Napa (City) Napa County Newport Beach Norco Oakley Oxnard Palm Springs Petaluma Placer County Rancho Cordova Redding Richmond Rialto Rio Vista Riverside County Rocklin Roseville Sacramento (City) Sacramento County Sacramento County Regional Sanitation District Sacramento Area Sewer District San Diego (City) San Diego County San Jacinto San Luis Obispo County San Marcos San Mateo County Santa Ana https://csoda.org/infrastructure-finance-programs/ 3/5 4116/14, 1:51 PM Infrastructure Finance Programs — CSCDA Santa Rosa Santee Sonoma County South Placer Municipal Utility District Stockton Sweetwater Authority Thousand Oaks Tracy Tuolumne County Ukiah Vallejo West Sacramento Wheatland Woodland Yuba City Yuba County Yucaipa Valley Water District SCIP FAQs SCIP Finance Team SCIP Calendar SCIP Presentation SCIP Newsletter Community Facilities District (CFD) Financings Founded & Sponsored by LEAGUE OF CALIFORNIA CITIES https://osoda.org/infrastmeture-finanm-programs/ 4/5 4/16124.1:51 PM Search... Overview New Markets Tax Credit Program — CSCDA CSCDA CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY New Markets Tax Credit Program Q Created by the U.S. Federal Government in 2000 as part of the Community Renewal Tax Relief Act, the New Markets Tax Credit (NMTC) program encourages investment in low-income communities. Through the NMTC Program, real estate projects or businesses in a low-income community are able to generate capital by providing investors - typically a bank or financial institution - a tax credit as an additional incentive for capital investment. The authority to determine how tax credits are allocated is granted to financial intermediaries called Community Development Entities (CDEs). CDEs have been certified by the Community Development Financial Institutions Fund (CDFI Fund) of the U.S. Department of the Treasury after completing a rigorous application process and demonstrating their commitment and history of investing capital into low-income communities. CSCDC is a certified CDE. Certified CDEs compete annually to receive awards under the NMTC Program and the CDFI Fund typically designates 70-120 CDEs to receive a NMTC allocation each year. Once awarded, a CDE may sub -allocate NMTC allocation authority to qualified projects or businesses that are aligned with the objectives of the NMTC program. In the last 20 years, the CDFI Fund has awarded $75 billion in tax credit authority to certified CDEs. CSCDC has been awarded $313 million in NMTC allocation since the inception of the program. Download CSCDC NMTC Project Intake Form https://cscda.org/new-markets-tax-aedit-programs/ 1/2 4/16/24, 1:51 PM NMTC Potential Benefits Qualifications How it Works CSCDC Projects About CSCDC New Markets Tax Credit Program —CSCDA Founded & Sponsored by LEAGUE OF CALIFORNIA CITIES Legal I Privacy Policy https://cscda.org/new-markets-tax-credit-programs/ 2/2 4/16/24,1:51 PM Search... Overview Workforce Housing Program — CSCDA CSCDA CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY Workforce Housing Program 0 CSCDA COMMUNITY IMPROVEMENT AUTHORITY (CSCDA CIA) WORKFORCE HOUSING PROGRAM California's housing crisis remains critical and the State continues to experience a significant shortage of available affordable housing units. Affordable housing is typically financed with tax- exempt private activity bonds and low-income housing tax credits, but these subsidies are limited to projects that restrict units for residents earning less than 60% of the area median income (AMI) (in certain cases up to 80% AMI). Since its inception, CSCDA has financed the construction or preservation of nearly 100,000 affordable units throughout California. State leaders, as well as individual cities and counties have also recognized a serious shortage of workforce housing for those that have been termed the "missing middle", individuals and families that earn too much to qualify for traditional affordable housing, but not enough to afford market rate rents in the communities where they work. Workforce housing (sometimes referred to as middle-income or moderate -income housing) is housing for individuals and families typically earning between 60% and 120% AMI. Unfortunately, workforce housing for the "missing middle" is not eligible for tax credits, private activity bonds or most other federal, state or local government subsidies. The CSCDA Community Improvement Authority (CSCDA CIA), an affiliate joint powers authority, acquires public benefit oriented capital projects through the issuance of tax-exempt governmental purpose bonds. Through CSCDA CIA's Workforce Housing Program, government bonds are issued to acquire market -rate apartment buildings. These properties are then converted to income and rent - restricted units for moderate/middle income households, which are generally households earning 80% to 120% of AMI. Annual rent increases are capped at no more than 4%, which is significantly less https://cscda.orghvorkforc housing -program/ 1/2 4/16/24, 1:51 PM Workforce Housing Program — CSCDA than the rent limits under AB1482, the recently adopted State tenant protection legislation. Additionally, no existing tenants are displaced under the program. CSCDA CIA operates the largest workforce housing program in California and has acquired and converted more than 7,700 units for low- and middle-income tenants. FOR INTERESTED TENANTS, A LIST OF PARTICIPATING PROPERTIES ARE LOCATED UNDER CIA PROJECTS. PLEASE CONTACT THE PROPERTY MANAGER FOR LEASING INFORMATION CSCDA CIA Policies & Resources CSCDA CIA Projects CSCDA CIA News Founded & Sponsored by & 2024 CSCDA. ALL RIGHTS RESERVED LEAGUE OF CALIFORNIA CITIES Legal I Privacy Policy https://cscda.orgMorkforce-housing-program/ 2/2 © CSCDA 4OE DEVELOPMENT AUTHORITY Fee Schedule Bond Program Issuance Fee Annual Fee Up to $20 Million Over $20 Million Affordable Housing 20 bps (Min $15,000) $40,000 + 12.5 bps over $20M 5 bps' Nonprofit Affordable Housing s 20 bps (Min $15,000) $40,000 + 5 bps over $20M 5 bps 501(c)(3) Nonprofits 20 bps on first $10 million (Min $15,000) (Healthcare, Private Schools, Charter Schools, Higher Education, 5 bps on amounts over $10 million 1.5 bps CCRCs)2 Maximum Fee of $75,000 per transaction Small Issue Public Benefit 3% (Min $60,000),2% N/A None Program over $2M Municipal 15 bps (Min $10,000) $30,000 + 2.5 bps over $20M None Airports/Solid Waste/Exempt Facilities 25 bps (Min $25,000) $50,000 + 12.5 bps over $20M 5 bps Taxable 25 bps (Min $25,000) $50,000 + 12.5 bps over $20M 1.5 bps Industrial Development $25,000 N/A 10 bps Bonds Community Facilities District (CFD)3 1% 1% $ 10,000 +Actual Costs SCEP 1.5% 1.5% 10 bps Residential PACE 87.5 bps 87.5 bps None Commercial PACE 75 bps 75 bps None Notes: Bond Programs require a $5,000 Fee Deposit for each financing application which is applied to the issuance fee at closing ($2,500 Fee Deposit for Small Issue Public Benefit Program & $1,500 application fee for SCIP). All Annual Fees assessed against aggregate principal outstanding on interest payment date (SCID annual fees assessed against aggregate original principal issuance amount). 'Minimum Annual Administration Fee for Housing bond issuances is $5,000 per project (a $5,000 annual compliance monitoring fee will replace the existing Annual Administration Fee throughout the CDLAC Compliance Period after the Qualified Project Period has expired). 2 501 c3 Nonprofit Financings: Issuance Fee is capped at $75,000 and the Annual Administration Fee is capped at $150,000. 3 CFD issuances require an upfront deposit. 4 The minimum bond issuance fee is $10,000 and maximum bond issuance fee is $250,000. Attachment C Resolution No. 2024-13 RESOLUTION NO. 2024-13 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY WHEREAS, the City of Rosemead, California (the "City"), has expressed an interest in participating in the economic development financing programs (the "Programs") in conjunction with the parties to that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Communities Development Authority, dated as of June 1, 1988 (the "Agreement"); and WHEREAS, there is now before this City Council the form of the Agreement; and WHEREAS, the City proposes to participate in the Programs and desires that certain projects to be located within the City be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemead, California, as follows: SECTION 1. The Agreement is hereby approved and the Mayor or the City Manager or designee thereof is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said Mayor or City Manager, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said document and to attest thereto. SECTION 2. The Mayor, the City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. SECTION 3. The City Clerk of the City shall forward a certified copy of this Resolution and an originally executed Agreement to: Kathleen Jacobe Orrick, Herrington & Sutcliffe LLP 400 Capital Mall, Suite 3000 Sacramento, California 95814 SECTION 4. This resolution shall take effect immediately upon its passage. PASSED, APPROVED, AND ADOPTED this 23`d day of April, 2024. Steven Ly, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROSEMEAD I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2024-13, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 23rd day of April, 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment D CSCDA JPA Agreement AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY THIS AGREEMENT, dated as of June 1, 1988, by and among the parties executing this Agreement (all such parties, except those which have withdrawn in accordance with Section 13 hereof, being herein referred to as the "Program Participants"): WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California (the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Program Participants is a "public agency" as that term is defined in Section 6500 of the Government Code of the State of California, and WHEREAS, each of the Program Participants is empowered to promote economic development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, within its boundaries; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue industrial development bonds pursuant to the California Industrial Development Financing Act (Title 10 (commencing with Section 91500 of the Government Code of the State of California)) (the "Act") and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of law to promote economic development through the issuance of bonds, notes, or other evidences of indebtedness, or certificates of participation in leases or other agreements (all such instruments being herein collectively referred to as "Bonds"), and WHEREAS, in order to promote economic development within the State of California, the County Supervisors Association of California ("CSAC"), together with the California Manufacturers Association, has established the Bonds for Industry program (the "Program"). WHEREAS, in furtherance of the Program, certain California counties (collectively, the "Initial Participants") have entered into that certain Joint Exercise of Powers Agreement dated as of November 18, 1987 (the "Initial Agreement"), pursuant to which the California Counties Industrial Development Authority has been established as a separate entity under the Joint Exercise of Powers Act for the purposes and with the powers specified in the Initial Agreement; and WHEREAS, the League of California Cities ("LCC") has determined to join as a sponsor of the Program and to actively participate in the administration of the Authority; and WHEREAS, the Initial Participants have determined to specifically authorize the Authority to issue Bonds pursuant to Article 2 of the Joint Exercise of Powers Act ("Article 2") and Article 4 of the Joint Exercise of Powers Act ("Article 4"), as well as may be authorized by the Act or other applicable law; and WHEREAS, the Initial Participants desire to rename the California Counties Industrial Development Authority to better reflect the additional sponsorship of the Program; and WHEREAS, each of the Initial Participants has determined that it is in the public interest of the citizens within its boundaries, and to the benefit of such Initial Participant and the area and persons served by such Initial Participant, to amend and restate in its entirety the Initial Agreement in order to implement the provisions set forth above; and WHEREAS, it is the desire of the Program Participants to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake projects within their respective jurisdictions that may be financed with Bonds issued pursuant to the Act, Article 2, Article 4, or other applicable provisions of law; and WHEREAS, the projects undertaken will result in significant public benefits, including those public benefits set forth in Section 91502.1 of the Act, an increased level of economic activity, or an increased tax base, and will therefore serve and be of benefit to the inhabitants of the jurisdictions of the Program Participants, NOW, THEREFORE, the Program Participants, for and in consideration of the mutual promises and agreements herein contained, do agree to restate and amend the Initial Agreement in its entirety to provide as follows: 2 Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the joint exercise of powers common to public agencies, in this case being the Program Participants. The Program Participants each possess the powers referred to in the recitals hereof. The purpose of this Agreement is to establish an agency for, and with the purpose of, issuing Bonds to finance projects within the territorial limits of the Program Participants pursuant to the Act, Article 2, Article 4, or other appIiable provisions of law; provided, however that nothing in this Agreement shall be construed as a limitation on the rights of the Program Participants to pursue economic development outside of this Agreement, including the rights to issue Bonds through industrial development authorities under the Act, or as otherwise permitted by law. Within the various jurisdictions of the Program Participants such purpose will be accomplished and said powers exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of forty (40) years from the date hereof, or until such time as it is terminated in writing by all the Program Participants; provided, however, that this Agreement shall not terminate or be terminated until the date on which all Bonds or other indebtedness issued or caused to be issued by the Authority shall have been retired, or full provision shall have been made for their retirement, including interest until their retirement date. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY. ( 1 ) Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Statewide Communities Development Authority" (the "Authority"), and said Authority shall be a public entity separate and apart from the Program Participants. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any party to this Agreement. COMMISSION. The Authority shall be administered by a Commission (the "Commission") which shall consist of seven members, each serving in his or her individual capacity as a member of the Commission. The Commission shall be the administering agency of this Agreement, and, as such, shall be vested with the powers set forth herein, and shall execute and administer this Agreement in accordance with the purposes and functions provided herein. Four members of the Commission shall be appointed by the governing body of CSAC and three members of the Commission shall be appointed by the governing body of LCC. Initial members of the Commission shall serve a term ending June 1, 1991. Successors to such members shall be selected in the manner in which the respective initial member was selected and shall serve a term of three years. Any appointment to fill an unexpired term, however, shall be for such unexpired term. The term of office specified above shall be applicable unless the term of office of the respective member is terminated as hereinafter provided, and provided that the term of any member shall not expire until a successor thereto has been appointed as provided herein. Each of CSAC and LCC may appoint an alternate member of the Commission for each member of the Commission which it appoints. Such alternate member may act as a member of the Commission in place of and during the absence or disability of such regularly appointed member. All references in this Agreement to any member of the Commission shall be deemed to refer to and include the applicable alternate member when so acting in place of a regularly appointed member. Each member or alternate member of the Commission may be removed and replaced at any time by the governing body by which such member was appointed. Any individual, including any member of the governing body or staff of CSAC or LCC, shall be eligible to serve as a member or alternate member of the Commission. Members and alternate members of the Commission shall not receive any compensation for serving as such but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member or alternate member, if the Commission shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. C. OFFICERS, DUTIES; OFFICIAL BONDS. The Commission shall elect a Chair, a Vice -Chair, and a Secretary of the Authority from among its members to serve for such term as shall be determined by the Commission. The Commission shall appoint one or more of its officers or a employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve for such term as shall be determined by the Commission. Subject to the applicable provisions of any resolution, indenture or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived. The Treasurer of the Authority shall have the powers, duties and responsibilities specified in Section 6505.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Commission but in no event less than $1,000. If and to the extent permitted by law, any such officer may satisfy this requirement by filing an official bond in at least said amount obtained in connection with another public office. The Commission shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Commission shall have the power, by resolution, to the extent permitted by the Joint Exercise of Powers Act or any other applicable law, to delegate any of its functions to one or more of the members of the Commission or officers or agents of the Authority and to cause any of said members, officers or agents to take any actions and execute .any documents or instruments for and in the name and on behalf of the Commission or the Authority. D. MEETINGS OF THE COMMISSION. ( 1 ) Regular Meetings. The Commission shall provide for its regular meetings, provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Commission and a copy of such resolution shall be filed with each party hereto. 5 (2) Special Meetings. Special meetings of the Commission may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. (3) Ralph M. Brown Act. All meetings of the Commission, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California). (4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Commission and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission. (5) Quorum. A majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC shall constitute a quorum for the transaction of business. No action may be taken by the Commission except upon the affirmative vote of a majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Commission such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have any and all powers relating to economic development authorized by law to each of the parties hereto and separately to the public entity herein created, including, without limitation, the promotion of opportunities for the creation and retention of employment, the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of such parties. Such powers shall include the common powers specified in this M Agreement and may be exercised in the manner and according to the method provided in this Agreement. All such powers common to the parties are specified as powers of the Authority. The Authority is hereby authorized to do all acts necessary for the exercise of such powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located, to incur debts, liabilities or obligations, to receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and any governmental entity; to sue and be sued in its own name; and generally to do any and all things necessary or convenient to the promotion of economic development, including without limitation the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, all as herein contemplated. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, including Article 2 and Article 4, the Act or any other applicable provision of law. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California county could exercise such powers and perform such duties until a California general law city shall become a Program Participant, at which time it shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by the Authority, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 1988. Section 6. Disoosition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2 hereof, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Program Participants and shall thereafter remain the sole property of the Program Participants; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Program Participants. Section 7. Bonds. The Authority shall issue Bonds for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. Said Bonds may, at the discretion of Authority, be issued in series. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The fees and expenses of such counsel, consultants, advisors, and the expenses of CSAC, LCC, and the Commission shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 9. Local Approval. A copy of the application for financing of a project shall be filed by the Authority with the Program Participant in whose jurisdiction the project is to be located. The Authority shall not issue Bonds with respect to any project unless the governing body of the Program Participant in whose jurisdiction the project is to be located, or its duly authorized designee, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Action to approve or disapprove a project shall be taken within 45 days of the filing with the Program Participant. Certification of approval or disapproval shall be made by the clerk of the governing body of the Program Participant, or by such other officer as may be designated by the applicable Program Participant, to the Authority. Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Program Participant, CSAC, or LCC or pledge of the faith and credit of the Program Participants, CSAC, LCC, or the 9 Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds or the respective project costs except from revenues and other funds pledged therefor. Neither the Program Participants, CSAC, LCC, nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Program Participants nor the faith and credit of CSAC, LCC, or the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the Bonds nor shall the Program Participants, CSAC, LCC, or the Authority in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any member of the Commission, or any officer, agent or employee of the Authority in his individual capacity and neither the Commission of the Authority nor any officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 10. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Program Participant. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Agency by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public records with each Program Participant and also with the county auditor of each county in which a Program Participant is located. Such report shall be filed within 12 months of the end of the Fiscal Year or Years under examination. E Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Commission may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. The Treasurer of the Authority, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to each of the Program Participants to the extent such activities are not covered by the reports of the trustees for the Bonds. The trustee appointed under each Indenture shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out this Agreement. Section 11. Funds. Subject to the applicable provisions of each Indenture, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Section 10 hereof, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions or purposes of this Agreement. Section 12. Notices. Notices and other communications hereunder to the Program Participants shall be sufficient if delivered to the clerk of the governing body of each Program Participant. Section 13. Withdrawal and Addition of Parties. A Program Participant may withdraw from this Agreement upon written notice to the Commission, provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding under an Indenture. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Commission which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. 10 Qualifying public agencies may be added as parties to this Agreement and become Program Participants upon: (i) the filing by such public agency of an executed counterpart of this Agreement, together with a certified copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (ii) adoption of a resolution of the Commission approving the addition of such public agency as a Program Participant. Upon satisfaction of such conditions, the Commission shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. Section 14. Indemnification. To the full extent permitted by law, the Commission may authorize indemnification by the Authority of any person who is or was a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. Section 15. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the parties hereto for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the party making such advance at the time of such advance. Section 16. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of Program Participants when performing their 11 respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged as members of the Commission or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the provisions of this Agreement. Section 17. Amendments. Except as provided in Section 13 above, this Agreement shall not be amended, modified, or altered except by a written instrument duly executed by each of the Program Participants. Section 18. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Program Participants at 9:00 a.m., California time, on the date that the Commission shall have received from each of the Initial Participants an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Participant approving this Agreement and the execution and delivery hereof. Section 19. Partial Invalidity. If anyone or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 20. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties. Section 21. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12 The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the Constitution and laws of such state and is to be so construed. This Agreement is the complete and exclusive statement of the agreement among the parties hereto, which supercedes and merges all prior proposals, understandings, and other agreements, including, without limitation, the Initial Agreement, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. [SEAL] ATTEST: By _ Name: Title: 13 Program Participant: By Name: Title: Attachment E Resolution No. 2024-14 RESOLUTION NO. 2024-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA CONSENTING TO THE INCLUSION OF THE PROPERTY LOCATED AT 126 NORTH NEW AVENUE, MONTEREY PARK, CALIFORNIA, WHICH IS PARTIALLY LOCATED IN THE CITY OF ROSEMEAD, IN THE CSCDA OPEN PACE PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT AN APPLICATION FROM THE OWNER OF SUCH PROPERTY, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS ON SUCH PROPERTY; AND AUTHORIZING RELATED ACTIONS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is a joint exercise of powers authority, the members of which include numerous cities and counties in the State of California, including the City of Rosemead (the "City"); and WHEREAS, Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29") authorizes the Authority to establish voluntary contractual assessment programs to finance or refinance renewable energy, energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging infrastructure and such other improvements, infrastructure or other work as may be authorized by law from time to time (collectively, the "Improvements") through the levy of contractual assessments within counties and cities throughout the State of California that consent to the participation of properties within their respective territories and the issuance of bonds from time to time; and WHEREAS, for the purpose of providing financing and refinancing for the Improvements, the Authority has established the CSCDA Open PACE Program; and WHEREAS, the Authority has designated multiple third -parry program administrators to administer the CSCDA Open PACE Program, including Bayview PACE (including its affiliates, "Program Administrator"); and WHEREAS, the owner (the "Participating Property Owner") of the property located at 126 North New Avenue, Monterey Park, California (the "Participating Property"), which currently consists of a single legal parcel that is primarily in the City of Monterey Park and partially in the City of Rosemead, has asked the Authority and Program Administrator to provide financing through the CSCDA Open PACE Program for the installation of Improvements on the Participating Property as part of the construction on the Participating Property consisting of a 63 - unit multi -family and condominium project (the "Project'), and the City desires to allow the Participating Property Owner to participate in the CSCDA Open PACE Program and to allow the Authority to conduct assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or refinance the installation of Improvements on the Participating Property; WHEREAS, the City of Monterey Park previously authorized the Authority to conduct assessment proceedings under Chapter 29 on properties located within the City of Monterey Park; and WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for the Participating Property and issue any bonds related to the Participating Property, and the City will not be responsible for the conduct of any assessment proceedings; the levy of assessments; 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 Participating Property; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemead, California, as follows: SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein, and by this reference are made an operative part hereof. SECTION 2. The City Council hereby finds and declares that the Participating Property will benefit from participating in the CSCDA Open PACE Program and, pursuant thereto, the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or refinance the installation of Improvements on the Participating Property. SECTION 3. The City hereby consents to the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 on the Participating Property and the issuance of bonds to finance or refinance the installation of Improvements on the Participating Property; provided, that: (A) the Participating Property Owner, who shall be the legal owner of such property, executes a contract pursuant to Chapter 29 and complies with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (B) the City will not have any financial obligations or be responsible for the conduct of any assessment proceedings; the levy of assessments; any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued by the Authority in connection with the Participating Property. SECTION 4. The City Manager or designee is hereby authorized and directed to execute and deliver such certificates, requisitions, agreements and related documents as are reasonably required by the Authority to implement the authorization accomplished by this Resolution. The City Manager or designee is hereby designated as the contact persons for the Authority in connection with the CSCDA Open PACE Program. SECTION 5. The City Council hereby finds that no environmental review is required under the California Environmental Quality Act ("CEQA") in connection with the adoption of this Resolution because, on July 21, 2021, pursuant to Resolution No. 12259, the City Council of the City of Monterey Park adopted a Mitigated Negative Declaration for the Project. SECTION 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority at: Secretary of the Board, California Statewide Communities Development Authority, 1400 K Street, Sacramento, CA 95814. PASSED, APPROVED, AND ADOPTED this 23th day of April, 2024. Steven Ly, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2024-14, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 23rd day of April, 2024, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk