HomeMy WebLinkAboutCC RESO 2014-124RESOLUTION NO. 2014 — 124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE INCORPORATED
AREA OF THE CITY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY'S FIGTREE PROGRAM TO FINANCE DISTRIBUTED GENERATION
RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY
IMPROVEMENTS, APPROVING THE REPORT SETTING FORTH
THE PARAMETERS OF THE PROGRAM AND CERTAIN MATTERS
IN CONNECTION THEREWITH, AND AUTHORIZING THE MAYOR
TO EXECUTE THE INDEMNIFICATION AGREEMENT
WHEREAS, the California Enterprise Development Authority ("CEDA") is a joint
exercise of powers authority, comprised of cities and counties in the State of California,
including the City of National City (the "City"); and
WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy
(PACE) and Job Creation Program (the "Program" or "Figtree PACE"), 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 & Highways Code ("Chapter 29"), and the issuance of
improvement bonds or other evidences of indebtedness (the "Bonds") under the Improvement
Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) (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 San Diego County Board of Supervisors (the "Board of
Supervisors"), a political subdivision of the State of California (the "County"), has adopted
Figtree PACE pursuant to the 1915 Act; and
WHEREAS, the parameters of Figtree PACE are set forth in the Program Report
and such Report has been prepared pursuant to Section 5898.22 of the 1915 Act and approved
by the CEDA Board of Directors; and
WHEREAS, the City Council of the City of National City (the "City Council") has
reviewed the Program Report; and
WHEREAS, the 1915 Act authorizes CEDA to enter into contractual
assessments with property owners located within incorporated cities in the County of San Diego
upon the approval of the legislative body of the related city to participate in Figtree PACE; and
WHEREAS, the City desires to participate with the County in Figtree PACE, and
provide for participation in Figtree PACE by property owners located within City limits; and
WHEREAS, pursuant to Chapter 29, the City authorizes CEDA to levy
assessments, pursue remedies in the event of delinquencies, and issue bonds or other forms of
indebtedness to finance the Improvements in connection with Figtree PACE; and
WHEREAS, to protect the City in connection with operation of the Figtree PACE,
Figtree Energy Financing, the program administrator, has agreed to defend and indemnify the
City; and
Resolution No. 2014 — 124
Page Two
WHEREAS, the City will not be responsible for the levy of assessments, any
required remedial action in the case of delinquencies, the issuance, sale or administration of the
bonds or other indebtedness issued in connection with Figtree PACE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
Section 1. Good Standing. The City is a municipal corporation and a member of
CEDA in good standing.
Section 2. Public Benefits. On the date hereof, the City Council hereby finds and
determines that the Program and issuance of Bonds by CEDA in connection with Figtree PACE
will provide significant public benefits, including without limitation, savings in effective interest
rates, bond preparation, bond underwriting and bond issuance costs, and reductions in effective
user charges levied by water and electricity providers within the boundaries of the City.
Section 3. Resolution of Intention. The City Council ratifies the resolution adopted
by the CEDA Board of Directors declaring the Board's intention to order the implementation of a
contractual assessment program to finance Improvements pursuant to the 1915 Act.
Section 4. Boundaries. The City Council hereby approves the inclusion in Figtree
PACE all of the properties in the incorporated area within the City, as same may be amended
through annexation from time to time, the acquisition, construction, and installation within City
limits of the energy and water efficiency measures set forth in the Report upon the request and
agreement of the affected property owner, and the assumption of jurisdiction thereof by CEDA
for the aforesaid purposes. The adoption of this Resolution by this City Council constitutes the
approval by the City to participate in Figtree PACE. This City Council further authorizes CEDA
to set the terms of, and implement, Figtree PACE and take each and every action necessary or
desirable for financing the Improvements, including the levying, collecting, and enforcement of
the contractual assessments to finance the Improvements and the issuance of bonds, notes or
other forms of indebtedness secured by such contractual assessments as authorized by
Chapter 29.
Section 5. Appointment of CEDA. The City hereby appoints CEDA as its
representative to (i) record the assessment against the Participating Parcels, (ii) administer the
Program in accordance with the 1915 Act, (iii) prepare program guidelines for the operations of
the Program and (iv) proceed with any claims, proceedings or legal actions as shall be
necessary to collect past due assessments on the properties in the Program in accordance with
the 1915 Act and Section 6509.6 of the California Government Code. The City is not and will
not be deemed to be an agent of Figtree or CEDA as a result of this Resolution.
Section 6. Program Report. The City Council hereby acknowledges that pursuant to
the requirements of Chapter 29, CEDA has prepared and will update from time to time the
"Program Report" for Figtree PACE (the "Program Report") and associated documents, and
CEDA will undertake assessment proceedings and the financing of Improvements as set forth in
the Program Report.
Resolution No. 2014 — 124
Page Three
Section 7. Foreclosure. The City Council hereby acknowledges that the
1915 Act permits foreclosure in the event that there is a default in the payment of assessments
due on a property. The City Council hereby designates CEDA as its representative to proceed
with collection and foreclosure of the liens on the defaulting properties in the Program, including
accelerated foreclosure pursuant to the Program Report.
Section 8. Indemnification. The City Council acknowledges that Figtree has
provided the City with an indemnification agreement for injury or damage arising out of or in
connection with the Figtree PACE Program. The City Council hereby authorizes the the Mayor,
or his designee, to execute and deliver the Indemnification Agreement to Figtree.
Section 9. City Contact Designation. The Mayor and City staff are hereby
authorized and directed to make applications for Figtree PACE available to all property owners
who wish to finance Improvements. The following staff persons, together with any other staff
designated by the City Manager from time to time, are hereby designated as the contact
persons for CEDA in connection with Figtree PACE: Alfredo Ybarra, Director of Housing,
Grants, and Assessment Management, (619) 336-4254, aybarra@nationalcityca.gov.
Section 10. CEQA. The City Council hereby finds that adoption of this
Resolution is not a "project" under the California Environmental Quality Act ("CEQA"), 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)).
Section 11. Effective Date. 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 Figtree Energy Financing.
Section 12. Costs. Services related to the formation and administration of the
assessment district will be provided by CEDA at no cost to the City.
PASSED and ADOPTED this 19th day of August4.
ATTEST:
Michy Clerk
el R. Dalla C
PPROVED AS TO FORM:
y
tua Silva
Atto
on Morrison, 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
dik
City Q1erk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-124 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