HomeMy WebLinkAboutCC RESO 2014-122RESOLUTION NO. 2014 — 122
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY OF NATIONAL CITY TO JOIN
THE CALIFORNIAFIRST PROGRAM; AUTHORIZING
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS,
CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE INCORPORATED
TERRITORY OF THE CITY, AND AUTHORIZING THE MAYOR TO
EXECUTE THE INDEMNIFICATION AND INSURANCE AGREEMENT
WHEREAS, the California Statewide Communities Development Authority
("California Communities") 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 National City (the
"City"); and
WHEREAS, California Communities has established the CaliforniaFIRST
program (the "CaliforniaFIRST Program") to allow the financing of certain renewable energy,
energy efficiency, and water efficiency improvements (the "Improvements") through the levy of
contractual assessments pursuant to Chapter 29 of Division 7 of the California Streets and
Highways Code ("Chapter 29") and the issuance of improvement bonds (the "Bonds") under the
Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the
"1915 Act") upon the security of the unpaid contractual assessments; and
WHEREAS, Chapter 29 provides that assessments may be levied under its
provisions only with the free and willing consent of the owner of each lot or parcel on which an
assessment is levied at the time the assessment is levied; and
WHEREAS, the City desires to allow the owners of property ("Participating
Property Owners") within the incorporated territory of the City to participate in the
CaliforniaFIRST Program and to allow California Communities to conduct assessment
proceedings under Chapter 29 within the incorporated territory of the City, and to issue Bonds
under the 1915 Act to finance the Improvements; and
WHEREAS, California Communities will conduct assessment proceedings under
Chapter 29 and issue Bonds under the 1915 Act to finance Improvements; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings, 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 the
Bonds or any other bonds issued in connection with the CaliforniaFIRST Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
Section 1. This City Council finds and declares that properties in the City's
incorporated area will benefit from the availability of the CaliforniaFIRST Program within the
incorporated territory of the City and, pursuant thereto, the conduct of special assessment
proceedings by California Communities pursuant to Chapter 29 and the issuance of Bonds
under the 1915 Act.
Resolution No. 2014 — 122
Page Two
Section 2. In connection with the CaliforniaFIRST Program, the City hereby
consents to the conduct of special assessment proceedings by California Communities pursuant
to Chapter 29 on any property within its jurisdiction and the issuance of Bonds under the 1915
Act; provided, that
(1) The Participating Property Owners, who shall be the legal owners of such
property, shall execute a contract pursuant to Chapter 29 and comply with other applicable
provisions of California law in order to accomplish the valid levy of assessments; and
(2) The City will not be responsible for the conduct of any assessment
proceedings; 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 the
Bonds or any other bonds issued in connection with the CaliforniaFIRST Program.
(3) The issuance of Bonds will occur following receipt of a final judgment in a
validation action filed by California Communities, pursuant to Code of Civil Procedure Section
860, that the Bonds are legal obligations of California Communities.
Section 3. Pursuant to the requirements of Chapter 29, California Communities has
prepared and will update from time to time the "Program Report" for the CaliforniaFIRST
Program (the "Program Report"), and California Communities will undertake assessment
proceedings and the financing of Improvements as set forth in the Program Report.
Section 4. The City Manager, or her designee, is hereby authorized to make
applications for the CaliforniaFIRST program available to all property owners who wish to
finance Improvements; provided, that California Communities shall be responsible for providing
such applications and related materials at its own expense. The following staff persons, together
with any other staff persons chosen by the City Manager from time to time, are hereby
designated as the contact persons for California Communities in connection with the
CaliforniaFIRST Program: Alfredo Ybarra, Director of Housing, Grants, and Assessment
Management, (619) 336-4254, aybarra@nationalcityca.gov.
Section 5. The Mayor, or his designee, is authorized to execute the Indemnification
and Insurance Agreement between the City and Renewable Funding, LLC, the administrator of
the CaliforniaFIRST Program.
Section 6. The Mayor, or his designee, is hereby authorized to execute and deliver
such closing certificates, requisitions, agreements and related documents as are reasonably
required by California Communities in accordance with the Program Report to implement the
CaliforniaFIRST Program for Participating Property Owners.
Section 7. The City Council hereby finds that adoption of this Resolution is not a
"project" under the California Environmental Quality Act, because the Resolution does not
involve any commitment to a specific project which may result in a potentially significant
physical impact on the environment, as contemplated by Title 14, California Code of
Regulations, Section 15378(b)(4)).
Resolution No. 2014 — 122
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Section 8. 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 California Communities. The Indemnification and Insurance Agreement is on file in
the Office of the City Clerk.
ATTEST:
/1
PASSED and ADOPTED this 19th day of August, 2014.
NUV
Michael R. Della, City Clerk
ROVED AS TO FORM:
‘,1)N
CIY!dia Gar'i
City Attor
a Silva
orrison, Mayor
Passed and adopted by the Council of the City of National City, California, on August
19, 2014 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios.
Nays: None.
Absent: Councilmembers Cano, Sotelo-Solis.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
4
City CI rk of the City of j'Jational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-122 of the City of National City, California, passed and
adopted by the Council of said City on August 19, 2014.
City Clerk of the City of National City, California
By:
Deputy